1 | A bill to be entitled |
2 | An act relating to the Commission for Independent |
3 | Education; amending s. 1005.21, F.S.; revising provisions |
4 | relating to the powers and duties of the commission; |
5 | revising and increasing commission membership; revising |
6 | provisions relating to the administration of the |
7 | commission; requiring the Department of Education to |
8 | provide the commission certain support services; requiring |
9 | the department to provide the commission certain salary |
10 | rate and positions; amending s. 1005.22, F.S.; revising |
11 | powers and duties of the commission relating to |
12 | rulemaking, budget requests, expenditure of funds, and |
13 | reporting; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 1005.21, Florida Statutes, is amended |
18 | to read: |
19 | (Substantial rewording of section. See s. |
20 | 1005.21, F.S., for present text.) |
21 | 1005.21 Commission for Independent Education.-- |
22 | (1) The Commission for Independent Education shall |
23 | function in matters concerning independent postsecondary |
24 | educational institutions in consumer protection, program |
25 | improvement, and licensure for institutions under its purview. |
26 | The commission shall authorize the granting of diplomas and |
27 | degrees by any independent postsecondary educational institution |
28 | under its jurisdiction. |
29 | (2) The commission shall consist of nine members who are |
30 | residents of this state. The Governor shall appoint the members |
31 | of the commission subject to confirmation by the Senate. The |
32 | membership of the commission shall consist of: |
33 | (a) Two members who are either owners or employees of |
34 | independent colleges or universities licensed by the commission. |
35 | (b) Two members who are either owners or employees of |
36 | independent, nondegree-granting schools licensed by the |
37 | commission. |
38 | (c) One member who is either an owner or employee of an |
39 | independent, nonaccredited school licensed by the commission. |
40 | (d) One member who is either an owner or employee of an |
41 | independent college or school licensed by the commission. |
42 | (e) One member from a public school district or community |
43 | college who is an administrator of career education. |
44 | (f) One representative of a college that meets the |
45 | criteria of s. 1005.06(1)(f). |
46 | (g) One lay member who is not affiliated with an |
47 | independent postsecondary educational institution. |
48 | (3) The members of the commission shall be appointed to 3- |
49 | year terms and serve until their successors are appointed and |
50 | qualified. If a vacancy on the commission occurs before the |
51 | expiration of a term, the Governor shall appoint a successor to |
52 | serve the unexpired portion of the term. |
53 | (4) The commission shall meet at least four times each |
54 | fiscal year. |
55 | (5) Members of the commission are entitled to |
56 | reimbursement for travel and per diem expenses, as provided in |
57 | s. 112.061, while performing their duties. |
58 | (6) Each member is accountable to the Governor for the |
59 | proper performance of the duties of his or her office. The |
60 | Governor may remove from office any member for cause. |
61 | (7) The commission shall be housed within the Department |
62 | of Education for administrative purposes only. |
63 | (a) The department shall provide support services for the |
64 | commission. At a minimum, the support services provided to the |
65 | commission shall include accounting, procurement, legal counsel, |
66 | printing, computer and Internet support, personnel and human |
67 | resources support, support for accountability initiatives, |
68 | support for agency inspector general activities, and |
69 | administrative support as needed for trust funds utilized for |
70 | commission activities. |
71 | (b) The commission shall not be subject to control, |
72 | supervision, or direction by the Department of Education in any |
73 | manner, including, but not limited to, personnel, procurement, |
74 | transactions involving real or personal property, and budgetary |
75 | matters, thereby exercising independently all powers, duties, |
76 | and functions prescribed by law. |
77 | (8) The commission shall appoint, review, and fix the |
78 | salary of a person to serve as the executive director and have |
79 | sole authority to remove such person at its pleasure. The |
80 | executive director shall supervise, direct, coordinate, and |
81 | administer all activities necessary to fulfill the commission's |
82 | statutory responsibilities and have the authority to hire staff |
83 | necessary to assist in fulfilling these responsibilities. The |
84 | department shall allocate sufficient salary rate and authorized |
85 | positions to the commission to enable the commission to |
86 | administer this chapter. |
87 | Section 2. Paragraphs (b) and (e) of subsection (1) and |
88 | paragraph (e) of subsection (2) of section 1005.22, Florida |
89 | Statutes, are amended to read: |
90 | 1005.22 Powers and duties of commission.-- |
91 | (1) The commission shall: |
92 | (b) Annually select a chairperson and a vice chairperson, |
93 | appoint and review an executive director, and authorize the |
94 | executive director to appoint employees of the commission. |
95 | (e) Administer the provisions of this chapter. To this |
96 | end, the commission has the following administrative powers and |
97 | responsibilities: |
98 | 1. The commission is authorized to shall adopt rules |
99 | pursuant to ss. 120.536(1) and 120.54 to administer the |
100 | provisions of this chapter for the operation and establishment |
101 | of independent postsecondary educational institutions. The |
102 | commission shall submit the rules to the State Board of |
103 | Education for approval or disapproval. If the state board does |
104 | not act on a rule within 60 days after receiving it, the rule |
105 | shall be filed immediately with the Department of State. |
106 | 2. The commission shall prepare a legislative budget |
107 | request and submit it through the State Board of Education for |
108 | inclusion in the K-20 legislative budget request submit an |
109 | annual budget to the State Board of Education. |
110 | 3. The commission shall transmit all fees, donations, and |
111 | other receipts of money to the Institutional Assessment Trust |
112 | Fund. |
113 | 4. The commission shall expend funds as necessary to |
114 | assist in the application and enforcement of its powers and |
115 | duties. The Chief Financial Officer shall pay out all moneys and |
116 | funds as directed under this chapter upon vouchers approved by |
117 | the executive director of the commission Department of Education |
118 | for all lawful purposes necessary to administering this chapter. |
119 | The commission shall make annual reports to the Executive Office |
120 | of the Governor, the President of the Senate, and the Speaker of |
121 | the House of Representatives State Board of Education showing in |
122 | detail amounts received and all expenditures. The commission |
123 | shall include in its annual report to the State Board of |
124 | Education a statement of its major activities during the period |
125 | covered by the report. |
126 | (2) The commission may: |
127 | (e) Advise the Governor, the Legislature, the State Board |
128 | of Education, the Council for Education Policy Research and |
129 | Improvement, and the Commissioner of Education on issues |
130 | relating to private postsecondary education. |
131 | Section 3. This act shall take effect July 1, 2007. |