Florida Senate - 2024                                    SB 1368
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01371-24                                           20241368__
    1                        A bill to be entitled                      
    2         An act relating to online program management services;
    3         creating s. 1001.94, F.S.; providing legislative
    4         findings; defining the term “online program management
    5         services”; providing requirements for such services;
    6         prohibiting online program management services
    7         providers from engaging in specified activities;
    8         requiring the Board of Governors to adopt and
    9         implement regulations in collaboration with state
   10         universities; providing penalties for violations by
   11         online program management services providers;
   12         requiring a state university, upon termination of a
   13         contract, to notify its board of trustees to terminate
   14         any further payment to the online program management
   15         services provider and to reallocate such funds for a
   16         specified purpose; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 1001.94, Florida Statutes, is created to
   21  read:
   22         1001.94 Online program management services.—
   23         (1) The Legislature finds that the protection of student
   24  information is vital and that the use of online program
   25  management services by state universities must be regulated to
   26  ensure the protection of student interests, maintain the quality
   27  of education, and ensure that such services align with the
   28  performance-based funding metrics of the State University
   29  System. Online program management services options are available
   30  to state-funded and state-supported institutions, but such
   31  services must align with the universities’ commitment to
   32  delivering high-quality education. The Legislature further finds
   33  that online program management services providers, while
   34  providing opportunities for online education to nontraditional
   35  students, may engage in practices that are not in the best
   36  interest of students and that compromise privacy and deviate
   37  from the goals of state-funded and state-supported institutions.
   38         (2) For purposes of this section, the term “online program
   39  management services” means services, including assisting a
   40  university in expanding its online program offerings to increase
   41  the number of students it serves, which are performed by a
   42  provider that manages online degree and certificate programs for
   43  universities.
   44         (3) Recruitment policies employed by online program
   45  management services providers must comply with this section.
   46  Such providers may not do any of the following:
   47         (a) Collect tuition outside of a university’s internal
   48  processes. All revenues from tuition must be directed to the
   49  university through established fiscal processes.
   50         (b) Prioritize revenue generation over the best interests
   51  of students.
   52         (c) Request personal student information and data that may
   53  compromise student privacy.
   54         (d) Use third-party billing or take control of students’
   55  federal financial aid or information related to such aid.
   56         (e) Charge tuition rates higher than the in-state tuition
   57  rate for programs offered in collaboration with public
   58  universities in this state.
   59         (f) Impose an unreasonable cap on total tuition costs. This
   60  paragraph is intended to prevent an excessive financial burden
   61  on students.
   62         (g) Target students who were unable to gain admission to a
   63  state university.
   64         (h) Deviate from the performance-based funding metrics of
   65  the State University System. In addition to the penalties
   66  imposed under subsection (4), a provider that violates this
   67  paragraph shall forfeit payments received for falsified,
   68  invasive, or inappropriate services.
   69         (4) The Board of Governors, in collaboration with state
   70  universities, shall develop and implement regulations to enforce
   71  this section.
   72         (5)(a) An online program management services provider that
   73  violates this section or any other state law or agency rule or
   74  regulation is subject to financial penalties, suspension of
   75  collaboration agreements, and termination of its partnerships or
   76  contracts with state universities.
   77         (b) Termination of a contract with an online program
   78  management services provider, due to a violation of this
   79  section, results in automatic termination of any payments from
   80  the university to that provider.
   81         (c) Upon termination of a contract with an online program
   82  management services provider, the state university shall notify
   83  its board of trustees to terminate any further payment to the
   84  online program management services provider and to reallocate
   85  such funds to aid in restoring the student information that was
   86  compromised by the provider.
   87         Section 2. This act shall take effect upon becoming a law.