Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2536
Barcode 095400
CHAMBER ACTION
Senate House
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11 The Committee on Higher Education (Oelrich) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 1005.21, Florida Statutes, is
19 amended to read:
20 (Substantial rewording of section. See
21 s. 1005.21, F.S., for present text.)
22 1005.21 Commission for Independent Education.--
23 (1) The Commission for Independent Education shall
24 function in matters concerning independent postsecondary
25 educational institutions in consumer protection, program
26 improvement, and licensure for institutions under its purview.
27 The commission shall authorize the granting of diplomas and
28 degrees by any independent postsecondary educational
29 institution under its jurisdiction.
30 (2) The Governor shall appoint the members of the
31 commission who are subject to confirmation by the Senate. The
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2536
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1 commission shall consist of seven members who are residents of
2 this state and include:
3 (a) Two members who are owners or employees of
4 independent colleges or universities licensed by the
5 commission.
6 (b) Two members who are owners or employees of
7 independent, nondegree-granting schools licensed by the
8 commission.
9 (c) One member who is an owner or employee of an
10 independent, nonaccredited school licensed by the commission.
11 (d) One member who is an owner or employee of an
12 independent college or school licensed by the commission.
13 (e) One member from a public school district or
14 community college who is an administrator of career education.
15 (f) One representative of a college that meets the
16 criteria of s. 1005.06(1)(f).
17 (g) One lay member who is not affiliated with an
18 independent postsecondary educational institution.
19 (3) The members of the commission shall be appointed
20 to 3-year terms and serve until their successors are appointed
21 and qualified. If a vacancy on the commission occurs before
22 the expiration of a term, the Governor shall appoint a
23 successor to serve the unexpired portion of the term.
24 (4) The commission shall meet at least four times each
25 fiscal year.
26 (5) Members of the commission are entitled to
27 reimbursement for travel and per diem expenses, as provided in
28 s. 112.061, while performing their duties.
29 (6) Each member is accountable to the Governor for the
30 proper performance of the duties of his or her office. The
31 Governor may remove from office any member for cause.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2536
Barcode 095400
1 (7) The commission is housed in the Department of
2 Education for administrative purposes only.
3 (a) The department shall provide support services for
4 the commission which must include, at a minimum, computer and
5 Internet support, personnel and human services support,
6 support for accountability initiatives, support for the
7 activities of the agency inspector general, and administrative
8 support as needed for trust funds used for the commission's
9 activities.
10 (b) The commission is not subject to control,
11 supervision, or direction by the department in any manner,
12 including, but not limited to, personnel, procurement,
13 transactions involving real or personal property, and
14 budgetary matters, and may independently exercise all powers,
15 duties, and functions prescribed by law.
16 (8) The commission shall appoint, review, and fix the
17 salary of its executive director and has the sole authority to
18 remove the executive director at its pleasure. The executive
19 director shall supervise, direct, coordinate, and administer
20 all activities necessary to fulfill the commission's statutory
21 responsibilities and may hire staff as necessary to assist in
22 fulfilling its responsibilities. The department shall allocate
23 to the commission moneys that are sufficient to fund positions
24 that are authorized at salary rates that are sufficient to
25 enable the commission to administer this chapter.
26 Section 2. Paragraphs (b) and (e) of subsection (1)
27 and paragraph (e) of subsection (2) of section 1005.22,
28 Florida Statutes, are amended to read:
29 1005.22 Powers and duties of commission.--
30 (1) The commission shall:
31 (b) Annually select a chairperson and a vice
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2536
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1 chairperson, appoint and review an executive director, and
2 authorize the executive director to appoint employees of the
3 commission.
4 (e) Administer the provisions of this chapter. To this
5 end, the commission has the following administrative powers
6 and responsibilities:
7 1. The commission may shall adopt rules pursuant to
8 ss. 120.536(1) and 120.54 to administer the provisions of this
9 chapter for the operation and establishment of independent
10 postsecondary educational institutions. The commission shall
11 submit the rules to the State Board of Education for approval
12 or disapproval. If the state board does not act on a rule
13 within 60 days after receiving it, the rule shall be filed
14 immediately with the Department of State.
15 2. The commission shall prepare a legislative budget
16 request and submit it through an annual budget to the State
17 Board of Education for inclusion in the K-20 legislative
18 budget request.
19 3. The commission shall transmit all fees, donations,
20 and other receipts of money to the Institutional Assessment
21 Trust Fund.
22 4. The commission shall expend funds as necessary to
23 assist in the application and enforcement of its powers and
24 duties. The chief financial officer of the Department of
25 Education shall pay out all moneys and funds as directed under
26 this chapter upon vouchers approved by the executive director
27 of the commission Department of Education for all lawful
28 purposes necessary to administering this chapter. The
29 commission shall make annual reports to the Executive Office
30 of the Governor, the President of the Senate, and the Speaker
31 of the House of Representatives State Board of Education
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2536
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1 showing in detail amounts received and all expenditures. The
2 commission shall include in its annual report to the State
3 Board of Education a statement of its major activities during
4 the period covered by the report.
5 (2) The commission may:
6 (e) Advise the Governor, the Legislature, the State
7 Board of Education, the Council for Education Policy Research
8 and Improvement, and the Commissioner of Education on issues
9 relating to private postsecondary education.
10 Section 3. This act shall take effect July 1, 2007.
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14 And the title is amended as follows:
15 Delete everything before the enacting clause
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17 and insert:
18 A bill to be entitled
19 An act relating to the Commission for
20 Independent Education; amending s. 1005.21,
21 F.S.; specifying the matters concerning which
22 the Commission for Independent Education
23 functions; requiring the commission to
24 authorize the granting of diplomas and degrees
25 by specified independent postsecondary
26 educational institutions; requiring that the
27 Governor appoint members of the commission;
28 providing criteria for membership; providing
29 for terms of office and the filling of
30 vacancies; requiring that the commission hold
31 certain meetings; providing for reimbursement
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2536
Barcode 095400
1 of members' travel and per diem expenses;
2 providing for removal of a member by the
3 Governor; providing for the commission to be
4 housed within the Department of Education for
5 administrative purposes only; requiring that
6 the department provide certain support services
7 to the commission; specifying that the
8 commission is not subject to the department's
9 control, supervision, or direction; authorizing
10 the commission to appoint, review, fix the
11 salary of, and remove its executive director;
12 specifying duties of the executive director;
13 requiring the department to allocate certain
14 moneys to the commission concerning funding of
15 salary and positions authorized by the
16 commission; amending s. 1005.22, F.S.; deleting
17 provisions concerning the appointment and
18 authority of the commission's executive
19 director; deleting a requirement that the
20 commission submit rules to the State Board of
21 Education for approval or disapproval;
22 requiring the commission to prepare a
23 legislative budget request and submit it
24 through the board for inclusion in the
25 legislative budget request; requiring the chief
26 financial officer of the Department of
27 Education to pay out moneys as directed by the
28 commission's executive director; requiring that
29 the commission make annual reports to the
30 Governor, the President of the Senate, and the
31 Speaker of the House of Representatives;
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2536
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1 deleting a provision authorizing the commission
2 to advise the Council for Education Policy
3 Research and Improvement; providing an
4 effective date.
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