Bill Text: FL H0357 | 2011 | Regular Session | Introduced

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Bill Title: Independent Postsecondary Educational Institutions

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0357 Detail]

Download: Florida-2011-H0357-Introduced.html

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HB 357

1	A bill to be entitled
2	An act relating to independent postsecondary educational
3	institutions; amending s. 1005.02, F.S.; defining the term
4	"admissions staff"; amending s. 1005.22, F.S.; requiring
5	the Commission for Independent Education to cause to be
6	investigated criminal justice information for admissions
7	staff; requiring investigation for licensure renewal;
8	amending s. 1005.31, F.S.; requiring the commission to
9	establish standards for admissions staff; providing a
10	restriction on the solicitation of prospective students
11	for enrollment; amending s. 1005.38, F.S.; requiring the
12	commission to refuse to grant or renew or to revoke an
13	institutional license for crimes relating to fraudulent
14	practices or unfair consumer practices; providing for
15	application; amending s. 744.1083, F.S.; conforming a
16	cross-reference; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Subsections (2) through (16) of section
21	1005.02, Florida Statutes, are renumbered as subsections (3)
22	through (17), respectively, and a new subsection (2) is added to
23	that section to read:
24	1005.02  Definitions.-As used in this chapter, the term:
25	(2)  "Admissions staff" means any person, including the
26	admissions director, who is employed by an independent
27	postsecondary educational institution under the jurisdiction of
28	the commission or by an out-of-state independent postsecondary
29	educational institution under the jurisdiction of the commission
30	and who provides information to prospective students, advises
31	prospective students in order to secure an application, or
32	accepts payment of fees from prospective students for the
33	institution.
34	Section 2.  Paragraph (h) of subsection (1) of section
35	1005.22, Florida Statutes, is amended to read:
36	1005.22  Powers and duties of commission.-
37	(1)  The commission shall:
38	(h)  Cause to be investigated criminal justice information,
39	as defined in s. 943.045, for each owner, administrator,
40	admissions staff, and agent employed by an institution applying
41	for licensure or licensure renewal from the commission.
42	Section 3.  Subsections (11) through (15) of section
43	1005.31, Florida Statutes, are renumbered as subsections (12)
44	through (16), respectively, and a new subsection (11) is added
45	to that section to read:
46	1005.31  Licensure of institutions.-
47	(11)  The commission shall establish minimum standards
48	required of admissions staff employed by institutions under its
49	jurisdiction. The commission may adopt rules to ensure that
50	admissions staff meet these standards and uphold the intent of
51	this chapter. The admissions staff of an institution under the
52	jurisdiction of the commission may not solicit prospective
53	students in this state for enrollment in the institution unless
54	the institution has been licensed by the commission.
55	Section 4.  Subsections (3) and (4) of section 1005.38,
56	Florida Statutes, are amended to read:
57	1005.38  Actions against a licensee and other penalties.-
58	(3)(a)  Any person who has been convicted of, or entered a
59	plea of guilty or nolo contendere to, a crime that relates to
60	the unlawful operation or management of an institution is
61	ineligible to own, operate, manage, or be a registered agent for
62	a licensed institution in this state, and may not be a director
63	or an officer in a corporation that owns or operates a licensed
64	institution. Such a person may not operate or serve in a
65	management or supervisory position in a licensed institution.
66	(b)1.  The commission shall refuse to grant an
67	institutional license, refuse to renew an existing institutional
68	license, or revoke an existing institutional license if any of
69	the applicants, owners, directors, administrators, admissions
70	staff, or registered agents has been found liable in a civil
71	action or has been convicted of, or entered a plea of guilty or
72	nolo contendere to, a crime under chapter 817 or under s.
73	1005.04. Any civil or criminal act committed in another state or
74	under federal law which, if committed in this state, would
75	constitute an offense under this paragraph is grounds for
76	refusal to grant or renew or to revoke a license.
77	2.  The commission shall review each applicant individually
78	and may grant or renew a license if good cause is shown.
79	3.  The grounds for refusal to grant or renew or to revoke
80	a license shall be applied to any disqualifying civil or
81	criminal history regardless of the date of the commission of the
82	underlying event. This paragraph shall be applied retroactively
83	and prospectively.
84	(4)  The commission may deny an application for any
85	operating status if the commission determines that the applicant
86	or its owners, officers, directors, admissions staff, or
87	administrators were previously operating an institution in this
88	state or in another state or jurisdiction in a manner contrary
89	to the health, education, or welfare of the public. The
90	commission may consider factors such as the previous denial or
91	revocation of an institutional license; prior criminal or civil
92	administrative proceedings regarding the operation and
93	management of an institution; other types of criminal
94	proceedings involving fraud, deceit, dishonesty, or moral
95	turpitude; failure of the institution to be properly closed,
96	including completing the training or providing for the trainout
97	of its students; and failure to issue appropriate refunds. The
98	commission may require an applicant or its owners, officers,
99	directors, admissions staff, or administrators to provide the
100	commission with information under oath regarding the prior
101	operation of an institution and to provide criminal justice
102	information, the cost of which must be borne by the applicant in
103	addition to license fees.
104	Section 5.  Subsection (10) of section 744.1083, Florida
105	Statutes, is amended to read:
106	744.1083  Professional guardian registration.-
107	(10)  A state college or university or an independent
108	college or university that is located and chartered in Florida,
109	that is accredited by the Commission on Colleges of the Southern
110	Association of Colleges and Schools or the Accrediting Council
111	for Independent Colleges and Schools, and that confers degrees
112	as defined in s. 1005.02(8)(7) may, but is not required to,
113	register as a professional guardian under this section. If a
114	state college or university or independent college or university
115	elects to register as a professional guardian under this
116	subsection, the requirements of subsections (3) and (4) do not
117	apply and the registration must include only the name, address,
118	and employer identification number of the registrant.
119	Section 6.  This act shall take effect July 1, 2011.

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