CODING: Words stricken are deletions; words underlined are additions.House Bill 0851c1
Florida House of Representatives - 1997 CS/HB 851
By the Committee on Colleges & Universities and
Representatives Trovillion and Feeney
1 A bill to be entitled
2 An act relating to nonpublic postsecondary
3 institutions; amending s. 246.081, F.S.;
4 conforming provisions; creating s. 246.084,
5 F.S.; establishing requirements for
6 authorization; providing duties of the State
7 Board of Independent Colleges and Universities;
8 providing procedures for noncompliance;
9 amending s. 246.101, F.S.; providing for an
10 exemption from fees; creating a new workload
11 fee; repealing s. 246.021(2), (7), and (10),
12 F.S., relating to definitions; repealing s.
13 246.083, F.S., relating to authorization to
14 operate; authorizing continuance of certain
15 programs; amending ss. 320.38 and 322.031,
16 F.S.; correcting cross references; providing an
17 effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Subsections (1) and (2) of section 246.081,
22 Florida Statutes, are amended to read:
23 246.081 License, certificate of exemption, or
24 authorization required; exceptions.--
25 (1) The following colleges are not under the
26 jurisdiction of the board and are not required to obtain do
27 not need a license, a certificate of exemption, or an
28 authorization from the board to operate:
29 (a) Any college provided, operated, and supported by
30 the State of Florida or its political subdivisions or the
31 Federal Government.
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1 (b) Any college, school, or course licensed or
2 approved for establishment and operation under chapter 464,
3 chapter 466, or chapter 475, or any other chapter of the
4 Florida Statutes, requiring licensing or approval as defined
5 in ss. 246.011-246.151.
6 (2) No nonpublic college shall continue operation or
7 be established within the state unless such college shall
8 apply for, and obtain from the board, a license, a certificate
9 of exemption, or authorization in the manner and form
10 prescribed by the board. Upon receipt of approved articles of
11 incorporation from the Department of State that purport to be
12 for a college as defined in s. 246.021, the newly formed
13 corporation shall, within 60 days after such approval, make an
14 application to the board for a license, a certificate of
15 exemption, or other authorization as required by law. The
16 approval of articles of incorporation by the Department of
17 State shall not be deemed to be an approval to engage in the
18 operation of an institution of higher learning. Such
19 institution shall not advertise or operate until a license,
20 certificate of exemption, or authorization to operate has been
21 obtained from the board. When articles of incorporation are
22 issued to an institution of higher learning, the Department of
23 State shall immediately furnish a copy of the articles of
24 incorporation to the board.
25 Section 2. Section 246.084, Florida Statutes, is
26 created to read:
27 246.084 Authorization.--
28 (1) A nonpublic college which enrolls students, none
29 of whom receive state or federal financial aid for education,
30 shall not be required to apply for a license upon compliance
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1 with this section and submission of data required by this
2 section.
3 (a) Colleges receiving authorization under this
4 section may only offer educational programs that prepare
5 students for religious vocations as ministers, professionals,
6 or laypersons in the following categories: ministry,
7 counseling, theology, education, administration, music, fine
8 arts, media communications, and social work.
9 (b) The religious vocation must predominantly appear
10 on the face of the degree and on the college's transcript.
11 (c) The titles of degrees issued by the college must
12 include a religious modifier which must immediately precede,
13 or be included within, any of the following titles: Associate
14 in Arts, Associate in Science, Bachelor of Arts, Bachelor of
15 Science, Master of Arts, Master of Science, and Doctor of
16 Philosophy.
17 (d) For purposes of this section, one semester credit
18 hour of study is 15 academic hours or its equivalent. The
19 following minimum credit hours are required for awarding the
20 following degrees:
21 1. Associate degree, with no fewer than 60 semester
22 hours or the equivalent.
23 2. Bachelor's degree, with no fewer than 120 semester
24 hours or the equivalent.
25 3. Master's degree, with no fewer than 24 semester
26 hours, or the equivalent, beyond the bachelor's degree.
27 4. Doctoral degree, with no fewer than 60 semester
28 hours, or the equivalent, beyond the bachelor's degree.
29 (e) The following data must be submitted annually to
30 the board: college name, address, telephone number, and
31 accreditation, if any; denomination, church, or religious
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1 affiliation; list of all degree titles with their religious
2 vocation major; and a current copy of the college's catalog
3 and consumer practice information listed in paragraph (f).
4 (f) The board shall collect annually from each college
5 authorized pursuant to this section the following descriptive
6 inventory of consumer practices:
7 1. A description of the college's policies and
8 procedures regarding the recruitment and admission of
9 students.
10 2. The sources and kinds of financial assistance
11 available and the specific manner by which students are
12 informed of their responsibilities with respect to receiving
13 assistance and repaying loans.
14 3. The placement assistance provided by the college,
15 including any claims concerning job placement rates.
16 4. Copies of all advertising published on behalf of
17 the college during the previous year. If the college claims
18 accreditation, it shall indicate whether or not that
19 accreditation is approved by the United States Department of
20 Education and if such accreditation is disclosed in all
21 advertisements.
22 5. A copy of the college's refund policy. The refund
23 policy must provide students with a minimum of 3 working days
24 from the date a student signs an enrollment contract or
25 financial agreement with a college for the student to cancel
26 the contract and receive a full refund of any tuition or
27 registration fees paid. The refund policy must be prominently
28 displayed on the contract form.
29 6. Evidence that the college has provided its students
30 with a clear and specific statement regarding the
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1 transferability of credits to and from other colleges,
2 institutes, seminaries, and universities.
3 (g) The college shall include with the data required
4 by paragraphs (e) and (f), a sworn affidavit, signed by its
5 chief administrative officer, affirming that the information
6 submitted is accurate and no false data has knowingly and
7 willingly been submitted, that the policies reported are
8 provided in writing to all prospective students at least 1
9 week before enrollment or collection of tuition fees, that the
10 college observes the policies and practices as reported to the
11 board, and that it complies with this section.
12 (h) The board shall set an annual review date for
13 receiving data and assuring compliance with this section. The
14 board shall give a college 60 days' notification of the annual
15 review date. After providing 30 days' notification, the board
16 may impose a fine for every month the college receiving
17 authorization under this section fails to provide the data
18 required by paragraphs (e) and (f). The postmark on the
19 envelope or package containing the notification serves as the
20 date of notification.
21 (i) The following information must appear in the
22 college's catalog or administrative bulletin: denomination,
23 church, or religious affiliation; purpose or mission of the
24 college; a list and description of all courses of study; a
25 list of course descriptions; a list of all faculty members
26 with their degrees; administrative officers and staff; all
27 fees, charges, nonrefundable fees, and tuition; refund
28 policies; transferability of credits to and from other
29 colleges; accreditation, if any; whether or not the
30 accrediting agency is recognized by the United States
31 Department of Education; and the college's authorization
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1 status. A college receiving authorization under this section
2 shall include the following statement in the purpose, mission,
3 accreditation, or recognition statement in the catalog to
4 clarify its statutory existence: "The degree programs of this
5 college are designed solely for religious vocations."
6 (j) The name of the college shall include a religious
7 modifier or the name of a religious patriarch, saint, person,
8 or symbol of the church.
9 (2) Notwithstanding the provisions of paragraph
10 (1)(c), a college which complies with the provisions of this
11 section and submits to the board a sworn affidavit from a
12 group formed pursuant to s. 246.041(1)(f), certifying that the
13 college complies with the minimum standards for licensure as
14 provided for in rule, is not required to include a religious
15 modifier in the title of degrees issued by the college.
16 (3) The burden of determining compliance with this
17 section shall rest with the board. Pursuant to s.
18 246.041(1)(f), the board may enter into an agreement with an
19 individual or group of individuals to oversee the review and
20 collection of the data submitted pursuant to this section.
21 The board may require further evidence and make such further
22 investigation, in addition to the information submitted, as
23 may be reasonably necessary in the board's judgment.
24 (4) If the board determines that a college meets the
25 requirements of this section, the board shall issue the
26 college an authorization.
27 (5) If at any time a college receiving authorization
28 under this section fails to comply with this section, it shall
29 be required to apply for a license pursuant to s. 246.081
30 within 30 days of the board's final action finding that the
31 college is not authorized under this section. Final actions
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1 by the board may be taken only after two consecutive quarterly
2 meetings. A notice of noncompliance with the specific
3 requirements of this section shall precede the two quarterly
4 meetings. A final noncompliance notification shall be sent by
5 certified mail 30 days prior to the final action.
6 Section 3. Subsections (4) and (5) of section 246.101,
7 Florida Statutes, are amended to read:
8 246.101 Fees.--
9 (4) The cost of routine services of the board, such as
10 data collection and dissemination, shall be supported through
11 a base fee. Nonpublic colleges operating pursuant to s.
12 246.084 are not required to pay the base fee. The base fee
13 applies to all other nonpublic colleges, whether granted
14 licensure, a certificate of exemption, or an authorization to
15 operate.
16 (a) If the total appropriation for the board requires
17 that one-half or more of the cost of operating the board be
18 supported through fees, the board shall charge a base fee to
19 all colleges under its jurisdiction. The board may adjust the
20 fee based on the enrollment of the college. However, the fee
21 assessed to the largest college may not exceed one-half of 1
22 percent of the amount appropriated for the board or $1,500,
23 whichever is less. The fee assessed to the largest college
24 may not exceed three times the amount of the fee assessed to
25 the smallest college.
26 (b) If the total appropriation for the board requires
27 that less than one-half of the total amount be supported
28 through fees, the board shall waive the fees for colleges that
29 have been granted an authorization to operate or shall provide
30 for lower base fees for smaller colleges. However, the fee
31 assessed to the largest college may not exceed one-half of 1
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1 percent of the amount appropriated for the board or $1,500,
2 whichever is less. The fee assessed to the largest college
3 may not exceed three times the amount of the fee assessed to
4 the smallest college.
5 (5) The board shall assess fees to defray the cost of
6 workload for board activities that are specific to certain
7 colleges. Such workload activities must relate to:
8 (a) Licensure.
9 (b) Annual reviews.
10 (c) Special reviews.
11 (d) Site visits.
12 (e) Resolution of complaints for violation of fair
13 consumer practices.
14 (f) Approval Authorization to operate in Florida
15 without offering educational programs.
16 (g) Approval to use the term "college" or
17 "university."
18 (h) Review and collection of data submitted pursuant
19 to s. 246.084 when the review and collection is performed by
20 the board rather than an individual or group pursuant to s.
21 246.084(3).
22 (i)(h) Other workload activities as approved by the
23 Legislature.
24 Section 4. Subsections (2), (7), and (10) of section
25 246.021 and section 246.083, Florida Statutes, are repealed.
26 Section 5. Institutions operating pursuant to the
27 provisions of s. 246.083, Florida Statutes, may continue to
28 offer programs and award degrees, in accordance with the
29 provisions of s. 246.083, Florida Statutes, to students
30 enrolled in such programs on or before June 30, 1997. However,
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1 no new student may be enrolled pursuant to the provisions of
2 s. 246.083, Florida Statutes, after June 30, 1997.
3 Section 6. Section 320.38, Florida Statutes, is
4 amended to read:
5 320.38 When nonresident exemption not allowed.--The
6 provisions of s. 320.37 authorizing the operation of motor
7 vehicles over the roads of this state by nonresidents of this
8 state when such vehicles are duly registered or licensed under
9 the laws of some other state or foreign country do not apply
10 to any nonresident who accepts employment or engages in any
11 trade, profession, or occupation in this state, except a
12 nonresident migrant farm worker as defined in s. 316.003(61).
13 In every case in which a nonresident, except a nonresident
14 migrant farm worker as defined in s. 316.003(61), accepts
15 employment or engages in any trade, profession, or occupation
16 in this state or enters his or her children to be educated in
17 the public schools of this state, such nonresident shall,
18 within 10 days after the commencement of such employment or
19 education, register his or her motor vehicles in this state if
20 such motor vehicles are proposed to be operated on the roads
21 of this state. Any person who is enrolled as a student in a
22 college or university and who is a nonresident but who is in
23 this state for a period of up to 6 months engaged in a
24 work-study program for which academic credits are earned from
25 a college whose credits or degrees are accepted for credit by
26 at least three accredited institutions of higher learning, as
27 defined in s. 246.021(5), is not required to have a Florida
28 registration for the duration of the work-study program if the
29 person's vehicle is properly registered in another
30 jurisdiction. Any nonresident who is enrolled as a full-time
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1 student in such institution of higher learning is also exempt
2 for the duration of such enrollment.
3 Section 7. Subsection (3) of section 322.031, Florida
4 Statutes, is amended to read:
5 322.031 Nonresident; when license required.--
6 (3) A nonresident who is domiciled in another state
7 and who commutes into this state in order to work shall not be
8 required to obtain a Florida driver's license under this
9 section solely because he or she has accepted employment or
10 engages in any trade, profession, or occupation in this state
11 if he or she has a valid driver's license issued by another
12 state. Further, any person who is enrolled as a student in a
13 college or university and who is a nonresident but is in this
14 state for a period of up to 6 months engaged in a work-study
15 program for which academic credits are earned from a college
16 whose credits or degrees are accepted for credit by at least
17 three accredited institutions of higher learning, as defined
18 in s. 246.021(5), shall not be required to obtain a Florida
19 driver's license for the duration of the work-study program if
20 such person has a valid driver's license issued by another
21 state. Any nonresident who is enrolled as a full-time student
22 in any such institution of higher learning is also exempt from
23 the requirement of obtaining a Florida driver's license for
24 the duration of such enrollment.
25 Section 8. This act shall take effect July 1, 1997.
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