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A bill to be entitled

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An act relating to nonpublic postsecondary educational

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institutions; amending s. 1005.02, F.S.; defining the

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term "academic degree"; amending s. 1005.31, F.S.;

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requiring that a licensed independent postsecondary

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educational institution notify the Commission for

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Independent Education of changes in its accreditation

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status; providing penalties for failure to provide the

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notice; revising criteria concerning the standards by

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which the commission evaluates institutions for

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licensure; requiring that institutions become accredited

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within a specified period after licensure; requiring a

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licensed institution that is not accredited to include

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certain information on the institution's website;

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restricting the recognition of academic degrees conferred

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by that institution; requiring that the institution

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notify the Department of Education and the Office of the

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Attorney General of its progress in obtaining

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accreditation; requiring that institutions maintain

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records and provide the commission with information

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concerning nationally recognized standards used to grant

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credit for a student's prior work or life experience;

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requiring compliance with laws concerning the reporting

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of crime statistics; requiring such reports be made

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available to the public; requiring that the commission

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maintain a list on its website concerning the

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accreditation of institutions licensed by the commission;

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requiring the Department of Education and the Office of

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the Attorney General to maintain a link to the

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commission's list on their respective websites; amending

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s. 1005.38, F.S.; requiring that the commission revoke

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the license or authorization of an institution that does

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not meet requirements concerning accreditation; providing

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an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Present subsections (1) through (16) of section

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1005.02, Florida Statutes, are redesignated as subsections (2)

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through (17), respectively, and a new subsection (1) is added to

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that section, to read:

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     1005.02  Definitions.--As used in this chapter, the term:

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     (1) "Academic degree" means a degree titled as an

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associate, baccalaureate, masters, or doctoral degree.

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     Section 2.  Subsections (1) and (2) of section 1005.31,

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Florida Statutes, are amended, and subsection (16) is added to

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that section, to read:

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     1005.31  Licensure of institutions.--

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     (1)(a)  Each college or school operating within this state

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must obtain licensure from the commission unless the institution

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is not under the commission's purview or jurisdiction as provided

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in s. 1005.06.

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     (b) After licensure each licensee is solely responsible for

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notifying the commission in writing of:

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     1. Any change in the licensee's accreditation status.

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     2. The licensee's current mailing address and the location

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of the institution. A licensee's failure to notify the commission

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of a change of address constitutes a violation of this paragraph,

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and the licensee may be disciplined by the commission.

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Notwithstanding any other provision of law, service by regular

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mail to a licensee's last known address of record with the

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commission is constitutes adequate and sufficient notice to the

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licensee for any official communication to the licensee by the

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commission.

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A licensee's failure to provide the notice required by this

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paragraph is a violation of this paragraph and the licensee may

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be disciplined by the commission.

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     (2)  The commission shall develop minimum standards by which

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to evaluate institutions for licensure. These standards must:

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     (a) Address include at least the institution's name,

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financial stability, purpose, administrative organization,

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admissions and recruitment, educational programs and curricula,

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retention, completion, career placement, faculty, learning

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resources, student personnel services, physical plant and

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facilities, publications, and disclosure statements about the

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status of the institution with respect to professional

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certification and licensure.

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     (b) Require that an institution secure accreditation within

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5 years after the date it is first licensed under this section,

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except that if an institution is licensed on July 1, 2008, that

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institution must obtain accreditation by July 2, 2013. An

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institution that is licensed but not accredited shall promptly

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seek and actively pursue accreditation.

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     1. During the period in which an institution is licensed

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but not accredited, the institution shall disclose that

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information on its website in a statement in a typeface that is

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large enough to be easily readable. The statement may include

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additional information such as accreditation is being sought;

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however, the institution may not include a statement on its

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website that the institution is licensed unless the statement

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also specifies that the institution is not accredited.

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     2. The academic degrees conferred by an institution before

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it secures accreditation may be recognized by other postsecondary

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educational institutions in this state only if the institution

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secures accreditation within the required period.

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     3. The institution must notify the Department of Education

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and the Office of the Attorney General in writing concerning the

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status of its progress in the accreditation process. The notice

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must be provided monthly until accreditation is secured.

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     (c) Require that an institution use nationally recognized

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standards in determining whether to grant a student credit for

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previous work or life experience. Each institution shall provide

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to the commission an annual report that specifies the credits

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granted for such experience and documents any nationally

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recognized standards used in granting the credits.

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     (d) Require compliance with state and federal laws that

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require annual reporting of crime statistics. Each institution

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shall make such report available to the public.

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The commission may adopt rules to ensure that institutions

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licensed under this section meet these standards in ways that are

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appropriate to achieve the stated intent of this chapter,

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including provisions for nontraditional or distance education

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programs and delivery.

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     (16) The commission shall maintain on its website a current

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list of the institutions that are licensed under this section and

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that hold accreditation. The list must specify the accrediting

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entity and whether such entity is recognized by the United States

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Department of Education as a reliable authority as to the quality

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of postsecondary education within the meaning of the Higher

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Education Act of 1965, as amended. The Department of Education

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and the Office of the Attorney General shall maintain a link to

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the commission's list on their respective websites.

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     Section 3.  Subsection (1) of section 1005.38, Florida

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Statutes, is amended, to read:

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     1005.38  Actions against a licensee and other penalties.--

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     (1)  The commission may deny, place on probation, or revoke

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any provisional license, annual license, license licence by means

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of accreditation, agent's license, or other authorization

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required by this chapter. The commission shall revoke the license

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or other required authorization of an institution that fails to

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become or remain accredited as required under s. 1005.31(2). The

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commission shall adopt rules for taking these actions. The

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commission may impose an administrative fine of not more than

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$5,000 if an institution is on probation for a period under

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conditions that require oversight by the commission or its staff.

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The fine shall be deposited into the Institutional Assessment

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Trust Fund.

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     Section 4.  This act shall take effect July 1, 2008.