reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1004 - Public Postsecondary Education › Part III - Florida College System Institutions (Ss. 1004.65-1004.88) › Subpart A - General Provisions › 1004.726 - Trademarks, copyrights, or patents.

1004.726 Trademarks, copyrights, or patents.—Each Florida College System institution board of trustees may develop and produce work products relating to educational endeavors that are subject to trademark, copyright, or patent statutes. To this end, the board of trustees shall consider the relative contribution by the personnel employed in the development of such work products and shall enter into binding agreements with such personnel, organizations, corporations, or government entities, which agreements shall establish the percentage of ownership of such trademarks, copyrights, or patents. Any other law to the contrary notwithstanding, the board of trustees may in its own name:
(1) Perform all things necessary to secure letters of patent, copyrights, and trademarks on any such work products and enforce its rights therein.
(2) License, lease, assign, or otherwise give written consent to any person, firm, or corporation for the manufacture or use of its work products on a royalty basis or for such other consideration as the board of trustees deems proper.
(3) Take any action necessary, including legal action, to protect its work products against improper or unlawful use of infringement.
(4) Enforce the collection of any sums due the board of trustees for the manufacture or use of its work products by any other party.
(5) Sell any of its work products and execute all instruments necessary to consummate any such sale.
(6) Do all other acts necessary and proper for the execution of powers and duties provided by this section.
History.—s. 222, ch. 2002-387; s. 57, ch. 2011-5.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1004 - Public Postsecondary Education › Part III - Florida College System Institutions (Ss. 1004.65-1004.88) › Subpart B - Special Programs; Centers › 1004.74 - Florida School of the Arts.

1004.74 Florida School of the Arts.—
(1) As the state strives to achieve excellence in all aspects of public education, it is the intent of the Legislature that specific attention be given to the needs of artistically talented high school and college students. It is further intended that such students who are occupationally oriented to the arts be provided with the means for achieving both an academic education and artistic training appropriate to their gifts.
(2) There is created the Florida School of the Arts. The school shall offer a program of academic and artistic studies in the visual and performing arts, which program shall be available to talented high school and college students in the state.
(3) The Florida School of the Arts is assigned to the District Board of Trustees of the St. Johns River State College for purposes of administration and governance; but the Florida School of the Arts, within appropriations and limitations established annually by the Legislature, shall serve as a professional school on a statewide basis for all qualified students.
(4) The Council for the Florida School of the Arts shall be established to advise the Florida College System institution district board of trustees on matters pertaining to the operation of the school. The council shall consist of nine members, appointed by the Commissioner of Education for 4-year terms. A member may serve three terms and may serve until replaced.
History.—s. 225, ch. 2002-387; s. 58, ch. 2011-5; s. 3, ch. 2011-102.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1004 - Public Postsecondary Education › Part III - Florida College System Institutions (Ss. 1004.65-1004.88) › Subpart B - Special Programs; Centers › 1004.79 - Incubator facilities for small business concerns.

1004.79 Incubator facilities for small business concerns.—
(1) Each Florida College System institution established pursuant to s. 1000.21(5) may provide incubator facilities to eligible small business concerns. As used in this section, “small business concern” shall be defined as an independently owned and operated business concern incorporated in Florida which is not an affiliate or a subsidiary of a business dominant in its field of operation, and which employs 25 or fewer full-time employees. “Incubator facility” shall be defined as a facility in which small business concerns share common space, equipment, and support personnel and through which such concerns have access to professional consultants for advice related to the technical and business aspects of conducting a commercial enterprise. The Florida College System institution board of trustees shall authorize concerns for inclusion in the incubator facility.
(2) Each Florida College System institution that provides an incubator facility shall provide the following:
(a) Management and maintenance of the incubator facility.
(b) Secretarial and other support personnel, equipment, and utilities.
(c) Mechanisms to assist with the acquisition of technical, management, and entrepreneurial expertise to resident and other local small business concerns.
(3) The incubator facility and any improvements to the facility shall be owned or leased by the Florida College System institution. The Florida College System institution may charge residents of the facility all or part of the cost for facilities, utilities, and support personnel and equipment. No small business concern shall reside in the incubator facility for more than 5 calendar years. The state shall not be liable for any act or failure to act of any small business concern residing in an incubator facility pursuant to this section or of any such concern benefiting from the incubator facilities program.
(4) Florida College System institutions are encouraged to establish incubator facilities through which emerging small businesses supportive of spaceport endeavors and other high-technology enterprises may be served.
(5) Florida College System institutions are encouraged to establish incubator facilities through which emerging small businesses supportive of development of content and technology for digital broadband media and digital broadcasting may be served.
History.—s. 230, ch. 2002-387; s. 62, ch. 2011-5; s. 178, ch. 2020-2; s. 163, ch. 2023-8.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1004 - Public Postsecondary Education › Part III - Florida College System Institutions (Ss. 1004.65-1004.88) › Subpart B - Special Programs; Centers › 1004.80 - Economic development centers.

1004.80 Economic development centers.—
(1) Florida College System institutions may establish economic development centers for the purpose of serving as liaisons between Florida College System institutions and the business sector. The responsibilities of each center shall include:
(a) Promoting the economic well-being of businesses and industries.
(b) Coordinating, with chambers of commerce, government agencies, district school boards, and other organizations, efforts to provide educational programs which promote economic development, including, but not limited to, business incubators, industrial development and research parks, industry recruitment efforts, publication of business research and resource guides, and sponsorship of workshops, conferences, seminars, and consultation services.
(2) The board of trustees of a Florida College System institution in which an economic development center is created, or its designee, may negotiate, enter into, and execute contracts; solicit and accept grants and donations; and fix and collect fees, other payments, and donations that may accrue by reason of activities of the center and its staff.
(3) Economic development centers shall operate under policies and procedures established by the Florida College System institution board of trustees.
(4) The State Board of Education may award grants to economic development centers for the purposes of this section. Grants awarded pursuant to this subsection shall be in accordance with rules established by the State Board of Education.
History.—s. 231, ch. 2002-387; s. 63, ch. 2011-5.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1004 - Public Postsecondary Education › Part III - Florida College System Institutions (Ss. 1004.65-1004.88) › Subpart B - Special Programs; Centers › 1004.86 - Florida Center for Mathematics and Science Education Research.

1004.86 Florida Center for Mathematics and Science Education Research.—
(1) The Department of Education shall contract with a competitively selected public or private university to create and operate the Florida Center for Mathematics and Science Education Research. The purpose of the center is increasing student achievement in mathematics and science, with an emphasis on K-12 education. The center shall:
(a) Provide technical assistance and support to school districts and schools in the development and implementation of mathematics and science instruction.
(b) Conduct applied research on policy and practices related to mathematics and science instruction and assessment in the state.
(c) Conduct or compile basic research regarding student acquisition of mathematics and science knowledge and skills.
(d) Develop comprehensive course frameworks for mathematics and science courses that emphasize rigor and relevance at the elementary, middle, and high school levels. Student achievement data should be used to aid in the development of course frameworks for low-performing schools, special needs students, females, and minorities.
(e) Disseminate information regarding research-based teaching practices in mathematics and science to teachers and teacher educators in the state.
(f) Collect, manage, and report on assessment information regarding student achievement in mathematics and science. The report shall include student achievement by ethnic group.
(g) Establish partnerships with public and private universities, Florida College System institutions, school districts, and other appropriate entities to further increase student achievement in mathematics and science.
(h) Develop a comprehensive plan, with input from school districts, to increase the number and percentage of females and minority students enrolling in and successfully completing mathematics and science courses.
(i) By December 1, 2023, in collaboration with the department, provide recommendations to the Legislature for preparing teacher candidates and identifying mathematics training and professional learning opportunities for teachers in kindergarten through grade 4 and administrators who support teachers in the classroom.
(2) The department shall monitor the center through the Division of K-12 Public Schools.
History.—s. 59, ch. 2006-60; s. 65, ch. 2011-5; s. 12, ch. 2023-108.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1004 - Public Postsecondary Education › Part III - Florida College System Institutions (Ss. 1004.65-1004.88) › Subpart B - Special Programs; Centers › 1004.88 - Florida Institute for Charter School Innovation.

1004.88 Florida Institute for Charter School Innovation.—
(1) The Florida Institute for Charter School Innovation is established at Miami Dade College, subject to appropriation, for the purpose of improving charter school authorizing practices in this state.
(2) The institute shall do all of the following:
(a) Analyze charter school applications, identify best practices, and create a state resource for developing and reviewing charter school applications.
(b) Provide charter school sponsors with training, technical assistance, and support in reviewing initial and renewal charter applications.
(c) Conduct applied research on policy and practices related to charter schools.
(d) Conduct or compile basic research on the status of educational choice, charter authorizing, and charter school performance in this state, and other topics related to charter schools.
(e) Collaborate with the Department of Education in developing the sponsor evaluation framework under s. 1002.33(5)(c).
(f) Disseminate information regarding research-based charter school teaching practices to teacher educators in this state.
(g) Host research workshops and conferences that allow charter school sponsors, charter school operators, students, and parents to engage in topics related to charter schools.
(3) The institute may apply for and receive federal, state, or local agency grants for the purposes of this section.
(4) The District Board of Trustees of Miami Dade College shall establish policies for the supervision, administration, and governance of the institute.
History.—s. 4, ch. 2022-144.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1004 - Public Postsecondary Education › Part IV - Workforce Development Education (Ss. 1004.91-1004.98) › 1004.91 - Requirements for career education program basic skills.

1004.91 Requirements for career education program basic skills.—
(1) The State Board of Education shall adopt, by rule, standards of basic skill mastery for completion of certificate career education programs. Each school district and Florida College System institution that conducts programs that confer career and technical certificates shall provide applied academics instruction through which students receive the basic skills instruction required pursuant to this section.
(2) Students who enroll in a program offered for career credit of 450 hours or more shall complete an entry-level examination within the first 6 weeks after admission into the program. The State Board of Education shall designate examinations that are currently in existence, the results of which are comparable across institutions, to assess student mastery of basic skills. Any student found to lack the required level of basic skills for such program shall be referred to applied academics instruction or another adult general education program for a structured program of basic skills instruction. Such instruction may include English for speakers of other languages. A student may not receive a career or technical certificate of completion without first demonstrating the basic skills required in the state curriculum frameworks for the career education program.
(3)(a) An adult student with a disability may be exempted from this section.
(b) The following students are exempt from this section:
1. A student who possesses a college degree at the associate in applied science level or higher.
2. A student who demonstrates readiness for public postsecondary education pursuant to s. 1008.30 and applicable rules adopted by the State Board of Education.
3. A student who passes a state or national industry certification or licensure examination that is identified in State Board of Education rules and aligned to the career education program in which the student is enrolled.
4. An adult student who is enrolled in an apprenticeship program that is registered with the Department of Education in accordance with chapter 446.
History.—s. 234, ch. 2002-387; s. 93, ch. 2004-357; s. 14, ch. 2008-235; s. 66, ch. 2011-5; s. 49, ch. 2013-27.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1004 - Public Postsecondary Education › Part IV - Workforce Development Education (Ss. 1004.91-1004.98) › 1004.925 - Automotive service technology education programs; certification.

1004.925 Automotive service technology education programs; certification.—
(1) All automotive service technology education programs shall be industry certified in accordance with rules adopted by the State Board of Education.
(2) New automotive service technology education programs and automotive service technology education programs that are in the process of becoming industry certified shall have 3 years to become certified.
(3) Effective with the 2013-2014 fiscal year, students enrolled in an automotive service technology education program that is not industry certified pursuant to this section shall not be eligible to be reported for state funding.
History.—s. 126, ch. 2002-20; s. 16, ch. 2010-154.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1004 - Public Postsecondary Education › Part IV - Workforce Development Education (Ss. 1004.91-1004.98) › 1004.96 - Community education.

1004.96 Community education.—
(1) Pursuant to this section and State Board of Education rule, each school board and the Board of Trustees for the Florida School for the Deaf and Blind may apply to the Department of Education for a community education grant. An applicant shall include in the grant application a description of the community education program and process through which the program is developed.
(2) The department shall give priority to applications that include:
(a) Centers that serve the most students within available resources.
(b) Programs for which funds are matched by the Federal Government or other nonstate sources and which are appropriate within the context of community education.
(c) Programs that provide before-school and after-school activities for children.
History.—s. 239, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1004 - Public Postsecondary Education › Part IV - Workforce Development Education (Ss. 1004.91-1004.98) › 1004.98 - Workforce literacy programs.

1004.98 Workforce literacy programs.—
(1) The workforce literacy program is established within the Florida College System institutions and school districts to ensure the existence of sufficient numbers of employees who possess the skills necessary to perform in entry-level occupations and to adapt to technological advances in the workplace. Workforce literacy programs are intended to support economic development by increasing adult literacy and producing an educated workforce.
(2) Each Florida College System institution and school district may conduct courses and programs through which adults gain the communication and computation skills necessary to complete a career program, to gain or maintain entry-level employment, or to upgrade employment. Courses may not be conducted until the Florida College System institution or school district identifies current and prospective employees who do not possess the skills necessary to enter career programs or to obtain or maintain employment.
(3) A Florida College System institution or school district may be eligible to fund a workforce literacy program pursuant to the provisions of s. 1004.94.
History.—s. 241, ch. 2002-387; s. 96, ch. 2004-357; s. 72, ch. 2011-5.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part I - General Provisions (Ss. 1005.01-1005.11) › 1005.01 - Purpose.

1005.01 Purpose.—
(1) The Legislature encourages privately supported higher education and intends to aid in protecting the health, education, and welfare of persons who receive educational services from independent postsecondary educational institutions in this state; to aid in protecting employers and others who depend upon people whose educational credentials are from independent postsecondary educational institutions in this state; and to aid in protecting independent postsecondary educational institutions that currently operate or intend to begin operating in this state. The Legislature finds that both individuals and independent postsecondary educational institutions benefit from a state system that assures that all institutions satisfactorily meet minimum educational standards. The Legislature further recognizes the role of federally recognized accrediting associations in setting standards for independent postsecondary educational institutions and encourages the use of recognized accreditation standards as general guidelines for the licensure of independent postsecondary educational institutions.
(2) The Legislature recognizes that a degree, diploma, or other educational credential serves several purposes. Employers rely upon a person’s educational credentials in judging that person’s qualifications for employment. Educators rely upon a person’s educational credentials to assess the adequacy of that person’s preparation for the pursuit of further education. Therefore, the Legislature intends that the provisions of this chapter aid in protecting the integrity of degrees, diplomas, and other educational credentials offered by independent postsecondary educational institutions by providing for the evaluation of minimum educational requirements.
(3) The Legislature intends to prohibit the granting of false or misleading educational credentials and to prohibit misleading literature, advertising, solicitation, or representations by independent postsecondary educational institutions or their agents.
History.—s. 244, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part I - General Provisions (Ss. 1005.01-1005.11) › 1005.03 - Designation “college” or “university.”

1005.03 Designation “college” or “university.”—
(1) The use of the designation “college” or “university” in combination with any series of letters, numbers, or words is restricted in this state to colleges or universities as defined in s. 1005.02 that offer degrees as defined in s. 1005.02 and fall into at least one of the following categories:
(a) A Florida public college.
(b) A Florida or out-of-state college that has been in active operation and using the designation “college” or “university” since April 1, 1970.
(c) A college for which the commission has issued a license pursuant to the provisions of this chapter.
(d) A college that is under the jurisdiction of the Department of Education, eligible to participate in the William L. Boyd, IV, Effective Access to Student Education Grant Program and that is a nonprofit independent college or university located and chartered in this state and accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to grant baccalaureate degrees.
(e) A college that meets the description of either s. 1005.06(1)(e) or (f).
(2) If a college is approved under subsection (1) to use the designation “college” or “university,” a branch or extension of that college may use the name of the parent college, but shall include an indication of the location of the branch or extension.
(3) Any entity offering postsecondary educational courses or programs of study in Florida, whether or not college credit is awarded, shall be subject to the provisions of this section.
(4) An entity shall not use the designation “college” or “university” in its name in Florida without approval by the commission, unless the commission determines that its name is clearly and accurately descriptive of the services provided by the entity and is not one that may mislead the public.
History.—s. 246, ch. 2002-387; s. 102, ch. 2007-217; s. 25, ch. 2018-4; s. 122, ch. 2019-3.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part I - General Provisions (Ss. 1005.01-1005.11) › 1005.05 - Certificate and diploma programs.

1005.05 Certificate and diploma programs.—No nonpublic college shall continue to conduct or begin to conduct any diploma program as defined in s. 1005.02, unless the college applies for and obtains approval for such program. Colleges under the jurisdiction of the Commission for Independent Education shall apply to the commission. Colleges that are not under the jurisdiction of the commission shall apply to the Department of Education.
History.—s. 248, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part I - General Provisions (Ss. 1005.01-1005.11) › 1005.07 - Patient safety instructional requirements.

1005.07 Patient safety instructional requirements.—Each private school, college, and university that offers degrees in medicine, nursing, and allied health shall include in the curricula applicable to such degrees material on patient safety, including patient safety improvement. Materials shall include, but need not be limited to, effective communication and teamwork; epidemiology of patient injuries and medical errors; medical injuries; vigilance, attention, and fatigue; checklists and inspections; automation, technological, and computer support; psychological factors in human error; and reporting systems.
History.—s. 34, ch. 2003-416.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part I - General Provisions (Ss. 1005.01-1005.11) › 1005.08 - Use of state funds for travel to terrorist state.

1005.08 Use of state funds for travel to terrorist state.—No state funds made available to a private college or university in this state may be used to implement, organize, direct, coordinate, or administer, or to support the implementation, organization, direction, coordination, or administration of, activities related to, or involving, travel to a terrorist state. For purposes of this section, “terrorist state” is defined as any state, country, or nation designated by the United States Department of State as a state sponsor of terrorism.
History.—s. 4, ch. 2006-54.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part I - General Provisions (Ss. 1005.01-1005.11) › 1005.09 - Priority course registration for veterans.

1005.09 Priority course registration for veterans.—Each independent postsecondary educational institution defined in s. 1005.02(11) that offers priority course registration for a segment of the student population, or upon implementation of priority course registration for a segment of the student population, is encouraged to provide priority course registration for each veteran of the United States Armed Forces, or his or her spouse or dependent children, who is receiving GI Bill educational benefits, in accordance with s. 1004.075.
History.—s. 22, ch. 2012-159; s. 2, ch. 2012-162.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part I - General Provisions (Ss. 1005.01-1005.11) › 1005.10 - Sexual predator and sexual offender notification; nonpublic colleges, universities, and schools.

1005.10 Sexual predator and sexual offender notification; nonpublic colleges, universities, and schools.—Each nonpublic college, university, and school shall inform students and employees at orientation and on its website of the existence of the Department of Law Enforcement sexual predator and sexual offender registry website and the toll-free telephone number that gives access to sexual predator and sexual offender public information pursuant to s. 943.043.
History.—s. 3, ch. 2014-3.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part I - General Provisions (Ss. 1005.01-1005.11) › 1005.11 - Accountability for institutions licensed by the Commission for Independent Education.

1005.11 Accountability for institutions licensed by the Commission for Independent Education.—
(1) By June 30, 2024, and by April 15 of each year thereafter, the commission shall prepare an annual accountability report for licensed institutions. The report must contain, at a minimum, the graduation rates, including the number of graduates by program, retention rates, and placement rates for all licensed institutions.
(2) By March 15, 2024, and by November 30 of each year thereafter, each licensed institution shall provide data to the commission in a format prescribed by the commission. Placement rates shall be determined using a methodology approved by the commission.
(3) The commission shall establish a common set of data definitions for institutional reporting purposes.
(4) The commission shall impose an administrative fine of not more than $500 when a licensed institution fails to timely submit the required data to the commission pursuant to this section. Administrative fines collected under this subsection shall be deposited into the Student Protection Fund.
(5) Notwithstanding s. 1005.32(3), the commission shall have the authority to require licensed institutions to provide institutional, graduate, and student data through reasonable data collection efforts as required or necessitated by statute or rule.
History.—s. 11, ch. 2023-39.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part II - Commission for Independent Education (Ss. 1005.21, 1005.22) › 1005.21 - Commission for Independent Education.

1005.21 Commission for Independent Education.—
(1) There is established in the Department of Education the Commission for Independent Education. The department shall serve as the administrative agent of the commission by providing services, including payroll, procurement, and legal counsel. The commission shall exercise independently all powers, duties, and functions prescribed by law. The commission shall authorize the granting of diplomas and degrees by any independent postsecondary educational institution under its jurisdiction.
(2) The Commission for Independent Education shall consist of seven members who are residents of this state. The commission shall function in matters concerning independent postsecondary educational institutions in consumer protection, program improvement, and licensure for institutions under its purview. The Governor shall appoint the members of the commission who are subject to confirmation by the Senate. The membership of the commission shall consist of:
(a) Two representatives of independent colleges or universities licensed by the commission.
(b) Two representatives of independent, nondegree-granting schools licensed by the commission.
(c) One member from a public school district or Florida College System institution who is an administrator of career education.
(d) One representative of a college that meets the criteria of s. 1005.06(1)(f).
(e) One lay member who is not affiliated with an independent postsecondary educational institution.
(3) The members of the commission shall be appointed to 3-year terms and until their successors are appointed and qualified. If a vacancy on the commission occurs before the expiration of a term, the Governor shall appoint a successor to serve the unexpired portion of the term.
(4) The commission shall meet at least four times each fiscal year.
(5) Members of the commission are entitled to reimbursement for travel and per diem expenses, as provided in s. 112.061, while performing their duties.
(6) Each member is accountable to the Governor for the proper performance of the duties of his or her office. The Governor may remove from office any member for cause.
History.—s. 251, ch. 2002-387; s. 99, ch. 2004-357; s. 74, ch. 2011-5.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part III - Licensure of Nonpublic Postsecondary Educational Institutions (Ss. 1005.31-1005.39) › 1005.32 - Licensure by means of accreditation.

1005.32 Licensure by means of accreditation.—
(1) An independent postsecondary educational institution that meets the following criteria may apply for a license by means of accreditation from the commission:
(a) The institution has operated legally in this state for at least 5 consecutive years.
(b) The institution holds institutional accreditation by an accrediting agency evaluated and approved by the commission as having standards substantially equivalent to the commission’s licensure standards.
(c) The institution has no unresolved complaints or actions in the past 12 months.
(d) The institution meets minimum requirements for financial responsibility as determined by the commission.
(e) The institution is a Florida corporation.
(2) An institution that was exempt from licensure in 2001 under s. 246.085(1)(a), Florida Statutes 2001, may retain an exemption until the commission issues it a license by means of accreditation as provided in this section.
(3) The commission may not require an institution granted a license by means of accreditation to submit reports that differ from the reports required by its accrediting association, except that each institution must file with the commission an annual audit report and follow the commission’s requirements for orderly closing, including provisions for trainout or refunds and arranging for the proper disposition of student and institutional records.
(4) An institution granted a license by means of accreditation must apply for and receive another level of licensure before the institution may offer courses or programs that exceed the scope or level of its accreditation.
(5) Institutions granted a license by means of accreditation must comply with the standards of fair consumer practices as established in rule by the commission.
(6) A license by means of accreditation is valid for the same period as the qualifying grant of accreditation.
(7) A license by means of accreditation may be denied, placed on probation, or revoked for repeated failure to comply with the requirements of this section. The commission shall adopt rules for these actions. Revocation or denial of a license by means of accreditation requires that the institution immediately obtain an annual license.
History.—s. 255, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part III - Licensure of Nonpublic Postsecondary Educational Institutions (Ss. 1005.31-1005.39) › 1005.33 - License period and renewal.

1005.33 License period and renewal.—
(1) As required by rule, the commission shall periodically review each license to determine if the institution is in compliance with this chapter and should have its license renewed. The commission may extend an annual or provisional license if a good faith effort has been made by the institution and agent. The commission shall determine what constitutes compliance or a good faith effort and may adopt rules to administer this section.
(2) A licensed independent postsecondary educational institution that seeks to expand or modify its programs or degrees to be conferred or to add new locations must seek prior approval from the commission. The commission shall adopt rules for the approval of modified or additional programs, degrees, and locations.
History.—s. 256, ch. 2002-387; s. 113, ch. 2015-2.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part III - Licensure of Nonpublic Postsecondary Educational Institutions (Ss. 1005.31-1005.39) › 1005.335 - Accreditation requirements and programmatic approval.

1005.335 Accreditation requirements and programmatic approval.—
(1) All programs offered by a licensed institution must be disclosed to the commission, including, but not limited to, avocational programs, examination preparation programs, contract training programs, continuing education, or professional development programs.
(2) An institution must obtain institutional accreditation prior to obtaining approval from the commission to offer a prelicensure professional nursing program.
(3) The commission shall adopt rules to implement this section.
History.—s. 14, ch. 2023-39.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part III - Licensure of Nonpublic Postsecondary Educational Institutions (Ss. 1005.31-1005.39) › 1005.34 - Fair consumer practices; condition of operation.

1005.34 Fair consumer practices; condition of operation.—The commission shall adopt rules to ensure the protection of students, including rules establishing fair consumer practices pursuant to s. 1005.04.
(1) The commission may not grant or renew a license unless the institution seeking the action provides the commission with a sworn statement of compliance with rules regarding fair consumer practices.
(2) The commission may examine any complaint against an institution under its jurisdiction and, if the institution is found to be routinely handling these matters correctly, the complaint shall be considered closed. Complaints under this subsection against accredited institutions, if not resolved, shall be forwarded to the accrediting agency for any appropriate action. The institution shall notify the commission of any and all actions taken by the accrediting agency in response to the complaint.
(3) Failure to comply with this section is cause for denial or revocation of a license.
History.—s. 257, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part III - Licensure of Nonpublic Postsecondary Educational Institutions (Ss. 1005.31-1005.39) › 1005.35 - Fees.

1005.35 Fees.—
(1) The Commission for Independent Education shall annually establish a fee schedule to generate, from fees, the amount of revenue appropriated for its operation.
(2) The commission shall include, as a part of its legislative budget request, a proposed fee schedule to generate the appropriated fee revenue required in the General Appropriations Act. The commission may adjust the fee amounts to generate the fee revenue required in the General Appropriations Act but may not add fee categories without the Legislature’s approval. The fee schedule proposed in the legislative budget request takes effect unless the Legislature requires changes.
(3) The commission shall charge each licensed institution a base fee to cover the cost of routine services, such as data collection and dissemination. The base fee may be higher for institutions with a large enrollment but may not exceed one-half of 1 percent of the amount appropriated for the commission.
(4) The commission shall assess workload fees to institutions for specific services that relate to:
(a) Licensure.
(b) Annual reviews.
(c) Special reviews.
(d) Site visits.
(e) Resolution of complaints.
(f) Approval to use the term “college” or “university.”
(g) Participation in the Student Protection Fund established pursuant to s. 1005.37.
(h) Other workload activities as allowed by law.
(5) The commission may assess late fees for an institution’s failure to timely submit required materials.
(6) All fees shall be submitted through the Department of Education to the Chief Financial Officer, to be deposited in the Institutional Assessment Trust Fund.
(7) All fees authorized in this section are administrative fees and are not refundable unless paid in error. The commission may deduct from an institution’s future fee collection any unintentional overpayment.
History.—s. 258, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part III - Licensure of Nonpublic Postsecondary Educational Institutions (Ss. 1005.31-1005.39) › 1005.36 - Institutional closings.

1005.36 Institutional closings.—
(1) The Legislature intends to protect students and the independent sector of postsecondary education from the detriment caused by licensed institutions that cease operation without providing for the proper completion of student training or for the appropriate refund of student fees. To serve this intention, the Commission for Independent Education may prevent the operation in this state of a licensed independent postsecondary educational institution by an owner who has unlawfully closed another institution and the commission may exercise control over student records upon closure of a licensed institution if the institution does not provide an orderly closure.
(2) At least 30 days prior to closing an institution, its owners, directors, or administrators shall notify the commission in writing of the closure of the institution. The owners, directors, and administrators must organize an orderly closure of the institution, which means at least providing for the completion of training of its students. The commission must approve any such plan. An owner, director, or administrator who fails to notify the commission at least 30 days prior to the institution’s closure, or who fails to organize the orderly closure of the institution and the trainout of the students, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) If the commission finds that an institution has ceased operating without providing for the proper access to student records, the commission may require the institution to convey all student records to the commission office or to another location designated by the commission or its staff. The commission shall make copies of records available to bankruptcy trustees upon request and to the student or those designated by the student. Confidentiality of the records shall be maintained to the extent required by law. The commission may seek civil penalties not to exceed $10,000 from any owner, director, or administrator of an institution who knowingly destroys, abandons, or fails to convey or provide for the safekeeping of institutional and student records. The commission may use moneys in the Student Protection Fund to facilitate the retrieval or safekeeping of records from an institution that has closed.
(4) The commission may refer matters it deems appropriate to the Department of Legal Affairs or the state attorney for investigation and prosecution.
History.—s. 259, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part III - Licensure of Nonpublic Postsecondary Educational Institutions (Ss. 1005.31-1005.39) › 1005.37 - Student Protection Fund.

1005.37 Student Protection Fund.—
(1) The commission shall establish and administer a statewide, fee-supported financial program through which funds will be available to complete the training of a student who enrolls in a nonpublic school that terminates a program or ceases operation before the student has completed his or her program of study. The financial program is named the Student Protection Fund.
(2) The commission is authorized to assess a fee from the schools within its jurisdiction for such purpose. The commission shall assess a licensed school an additional fee for its eligibility for the Student Protection Fund.
(3) If a licensed school terminates a program before all students complete it, the commission shall also assess that school a fee adequate to pay the full cost to the Student Protection Fund of completing the training of students.
(4) The fund shall consist entirely of fees assessed to licensed schools and shall not be funded under any circumstances by public funds, nor shall the commission make payments or be obligated to make payments in excess of the assessments actually received from licensed schools and deposited in the Institutional Assessment Trust Fund to the credit of the Student Protection Fund.
(5) At each commission meeting, the commission shall consider the need for and shall make required assessments, shall review the collection status of unpaid assessments and take all necessary steps to collect them, and shall review all moneys in the fund and expenses incurred since the last reporting period. This review must include administrative expenses, moneys received, and payments made to students or to lending institutions.
(6) Staff of the commission must immediately inform the commission upon learning of the closing of a licensed school or the termination of a program that could expose the fund to liability.
(7) The Student Protection Fund must be actuarially sound, periodically audited by the Auditor General in connection with his or her audit of the Department of Education, and reviewed to determine if additional fees must be charged to schools eligible to participate in the fund.
History.—s. 260, ch. 2002-387.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part III - Licensure of Nonpublic Postsecondary Educational Institutions (Ss. 1005.31-1005.39) › 1005.375 - Violations; penalties.

1005.375 Violations; penalties.—
(1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
(a) Operating an independent postsecondary educational institution without a valid, active license issued pursuant to this chapter.
(b) Obtaining or attempting to obtain a license to operate an institution by fraudulent misrepresentation.
(c) Using or attempting to use a license that has been suspended or revoked.
(2) Each of the following acts constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:
(a) Knowingly concealing information relating to violations of this chapter.
(b) Willfully making any false oath or affirmation when required to make an oath or affirmation pursuant to this chapter.
History.—s. 2, ch. 2005-202.
2023 Florida Statutes › Title XLVIII - Early Learning-20 Education Code › Chapter 1005 - Nonpublic Postsecondary Education › Part III - Licensure of Nonpublic Postsecondary Educational Institutions (Ss. 1005.31-1005.39) › 1005.385 - Authority to issue citations.

1005.385 Authority to issue citations.—
(1) The commission shall adopt rules to permit the issuance of citations. A citation shall be issued to an independent postsecondary educational institution and shall contain the institution’s name and address, the institution’s license number if applicable, a brief factual statement, the sections of law allegedly violated, and the penalty imposed. A citation must clearly state that the subject may choose, in lieu of accepting the citation, to dispute the matter in the citation and must provide the subject all rights for either an informal hearing to dispute the facts before the commission or a formal hearing to dispute the facts before an administrative law judge from the Division of Administrative Hearings pursuant to chapter 120. However, if the subject does not dispute the matter in the citation within 30 days after the citation is served, the citation becomes a final order and constitutes discipline. The penalty shall be a fine or other conditions as established by rule.
(2) The commission shall adopt rules designating violations for which a citation may be issued. A violation so designated shall be a violation for which there is no substantial threat to the public health, safety, or welfare.
(3) The commission shall be entitled to recover the costs of investigation, in addition to any penalty provided according to rule, as part of the penalty levied pursuant to a citation.
(4) A citation must be issued within 6 months after the filing of a complaint that is the basis for the citation.
(5) Service of a citation may be made by personal service or certified mail, restricted delivery, to the subject at the subject’s last known address of record.
History.—s. 4, ch. 2005-202.