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2023 Florida Statutes (including 2023C)

Title XLVIII EARLY LEARNING-20 EDUCATION CODE
Chapter 1005 NONPUBLIC POSTSECONDARY EDUCATION Entire Chapter
SECTION 04
Fair consumer practices.
F.S. 1005.04
1005.04 Fair consumer practices.—
(1) Every institution that is under the jurisdiction of the commission or is exempt from the jurisdiction or purview of the commission pursuant to s. 1005.06(1)(c) or (f) and that either directly or indirectly solicits for enrollment any student shall:
(a) Disclose to each prospective student a statement of the purpose of such institution, its educational programs and curricula, a description of its physical facilities, its status regarding licensure, its fee schedule and policies regarding retaining student fees if a student withdraws, and a statement regarding the transferability of credits to and from other institutions. The institution shall make the required disclosures in writing at least 1 week prior to enrollment or collection of any tuition from the prospective student. The required disclosures may be made in the institution’s current catalog;
(b) Use a reliable method to assess, before accepting a student into a program, the student’s ability to complete successfully the course of study for which he or she has applied;
(c) Inform each student accurately about financial assistance and obligations for repayment of loans; describe any employment placement services provided and the limitations thereof; and refrain from promising or implying guaranteed placement, market availability, or salary amounts;
(d) Provide to prospective and enrolled students accurate information regarding the relationship of its programs to state licensure requirements for practicing related occupations and professions in Florida;
(e) Ensure that all advertisements are accurate and not misleading;
(f) Publish and follow an equitable prorated refund policy for all students, and follow both the federal refund guidelines for students receiving federal financial assistance and the minimum refund guidelines set by commission rule;
(g) Follow the requirements of state and federal laws that require annual reporting with respect to crime statistics and physical plant safety and make those reports available to the public;
(h) Publish and follow procedures for handling student complaints, disciplinary actions, and appeals; and
(i) Prior to enrollment, provide a written disclosure to a student or prospective student of all fees and costs that will be incurred by a student, the institution’s refund policy, any exit examination requirements, and the grade point average required for completion of the student’s program or degree. The disclosure shall include a statement regarding the scope of accreditation, if applicable. Institutions licensed by the Commission for Independent Education shall disclose the information required pursuant to this paragraph in a format prescribed by the commission.
(2) In addition, institutions that are required to be licensed by the commission shall disclose to prospective students that additional information regarding the institution may be obtained by contacting the Commission for Independent Education, Department of Education, Tallahassee.
(3) In an application for licensure, the burden of demonstrating compliance with fair consumer practice is upon the person, entity, or institution asserting compliance. Determining compliance with this section shall rest with the commission. The commission may require further evidence and make such further investigation, in addition to any information submitted, as may be reasonably necessary in the commission’s judgment.
History.—s. 247, ch. 2002-387; s. 45, ch. 2004-41; s. 10, ch. 2023-39.