CS/HB 1501

1
A bill to be entitled
2An act relating to the Commission for Independent
3Education; amending s. 1005.21, F.S.; revising provisions
4relating to the powers and duties of the commission;
5revising and increasing commission membership; revising
6provisions relating to the administration of the
7commission; requiring the Department of Education to
8provide the commission certain support services; requiring
9the department to provide the commission certain salary
10rate and positions; amending s. 1005.22, F.S.; revising
11powers and duties of the commission relating to
12rulemaking, budget requests, expenditure of funds, and
13reporting; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 1005.21, Florida Statutes, is amended
18to read:
19(Substantial rewording of section. See s.
201005.21, F.S., for present text.)
21     1005.21  Commission for Independent Education.--
22     (1)  The Commission for Independent Education shall
23function in matters concerning independent postsecondary
24educational institutions in consumer protection, program
25improvement, and licensure for institutions under its purview.
26The commission shall authorize the granting of diplomas and
27degrees by any independent postsecondary educational institution
28under its jurisdiction.
29     (2)  The commission shall consist of nine members who are
30residents of this state. The Governor shall appoint the members
31of the commission subject to confirmation by the Senate. The
32membership of the commission shall consist of:
33     (a)  Two members who are either owners or employees of
34independent colleges or universities licensed by the commission.
35     (b)  Two members who are either owners or employees of
36independent, nondegree-granting schools licensed by the
37commission.
38     (c)  One member who is either an owner or employee of an
39independent, nonaccredited school licensed by the commission.
40     (d)  One member who is either an owner or employee of an
41independent college or school licensed by the commission.
42     (e)  One member from a public school district or community
43college who is an administrator of career education.
44     (f)  One representative of a college that meets the
45criteria of s. 1005.06(1)(f).
46     (g)  One lay member who is not affiliated with an
47independent postsecondary educational institution.
48     (3)  The members of the commission shall be appointed to 3-
49year terms and serve until their successors are appointed and
50qualified. If a vacancy on the commission occurs before the
51expiration of a term, the Governor shall appoint a successor to
52serve the unexpired portion of the term.
53     (4)  The commission shall meet at least four times each
54fiscal year.
55     (5)  Members of the commission are entitled to
56reimbursement for travel and per diem expenses, as provided in
57s. 112.061, while performing their duties.
58     (6)  Each member is accountable to the Governor for the
59proper performance of the duties of his or her office. The
60Governor may remove from office any member for cause.
61     (7)  The commission shall be housed within the Department
62of Education for administrative purposes only.
63     (a)  The department shall provide support services for the
64commission. At a minimum, the support services provided to the
65commission shall include accounting, procurement, legal counsel,
66printing, computer and Internet support, personnel and human
67resources support, support for accountability initiatives,
68support for agency inspector general activities, and
69administrative support as needed for trust funds utilized for
70commission activities.
71     (b)  The commission shall not be subject to control,
72supervision, or direction by the Department of Education in any
73manner, including, but not limited to, personnel, procurement,
74transactions involving real or personal property, and budgetary
75matters, thereby exercising independently all powers, duties,
76and functions prescribed by law.
77     (8)  The commission shall appoint, review, and fix the
78salary of a person to serve as the executive director and have
79sole authority to remove such person at its pleasure. The
80executive director shall supervise, direct, coordinate, and
81administer all activities necessary to fulfill the commission's
82statutory responsibilities and have the authority to hire staff
83necessary to assist in fulfilling these responsibilities. The
84department shall allocate sufficient salary rate and authorized
85positions to the commission to enable the commission to
86administer this chapter.
87     Section 2.  Paragraphs (b) and (e) of subsection (1) and
88paragraph (e) of subsection (2) of section 1005.22, Florida
89Statutes, 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,
93appoint and review an executive director, and authorize the
94executive director to appoint employees of the commission.
95     (e)  Administer the provisions of this chapter. To this
96end, the commission has the following administrative powers and
97responsibilities:
98     1.  The commission is authorized to shall adopt rules
99pursuant to ss. 120.536(1) and 120.54 to administer the
100provisions of this chapter for the operation and establishment
101of independent postsecondary educational institutions. The
102commission shall submit the rules to the State Board of
103Education for approval or disapproval. If the state board does
104not act on a rule within 60 days after receiving it, the rule
105shall be filed immediately with the Department of State.
106     2.  The commission shall prepare a legislative budget
107request and submit it through the State Board of Education for
108inclusion in the K-20 legislative budget request submit an
109annual budget to the State Board of Education.
110     3.  The commission shall transmit all fees, donations, and
111other receipts of money to the Institutional Assessment Trust
112Fund.
113     4.  The commission shall expend funds as necessary to
114assist in the application and enforcement of its powers and
115duties. The Chief Financial Officer shall pay out all moneys and
116funds as directed under this chapter upon vouchers approved by
117the executive director of the commission Department of Education
118for all lawful purposes necessary to administering this chapter.
119The commission shall make annual reports to the Executive Office
120of the Governor, the President of the Senate, and the Speaker of
121the House of Representatives State Board of Education showing in
122detail amounts received and all expenditures. The commission
123shall include in its annual report to the State Board of
124Education a statement of its major activities during the period
125covered by the report.
126     (2)  The commission may:
127     (e)  Advise the Governor, the Legislature, the State Board
128of Education, the Council for Education Policy Research and
129Improvement, and the Commissioner of Education on issues
130relating to private postsecondary education.
131     Section 3.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.