Florida Senate - 2024 SB 282 By Senator Rodriguez 40-00390A-24 2024282__ 1 A bill to be entitled 2 An act relating to nonpublic religious postsecondary 3 educational institutions; amending s. 1005.06, F.S.; 4 removing religious colleges from the list of 5 institutions specified as not being under the 6 jurisdiction or purview of the Commission for 7 Independent Education; creating s. 1005.12, F.S.; 8 providing requirements that must be met by nonpublic 9 religious postsecondary educational institutions that 10 operate without being licensed by the commission; 11 requiring such institutions to provide a sworn 12 affidavit with specified information to the 13 commission; requiring the commission to provide such 14 institutions annually with a written notice of 15 exemption from licensure and of compliance; providing 16 methods for verifying such compliance; authorizing a 17 religious nongovernmental education association to 18 cooperate with the commission to determine whether a 19 nonpublic religious postsecondary educational 20 institution is in compliance; providing requirements 21 for such associations; requiring the commission to 22 send a specified notice to nonpublic religious 23 postsecondary educational institutions under certain 24 circumstances; providing that noncompliant 25 institutions must apply for a license or cease 26 operations within a specified timeframe; requiring 27 that the employee or agent of the noncompliant 28 institution who produced the sworn affidavit be 29 subject to criminal penalties under certain 30 circumstances; authorizing the commission to take 31 action for noncompliance if certain conditions are 32 met; amending ss. 553.865, 1005.03, 1005.04, 1005.21, 33 and 1005.31, F.S.; conforming cross-references; 34 providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1.Paragraph (f) of subsection (1) of section 39 1005.06, Florida Statutes, is amended to read: 40 1005.06Institutions not under the jurisdiction or purview 41 of the commission. 42 (1)Except as otherwise provided in law, the following 43 institutions are not under the jurisdiction or purview of the 44 commission and are not required to obtain licensure: 45 (f)A religious college may operate without governmental 46 oversight if the college annually verifies by sworn affidavit to 47 the commission that: 48 1.The name of the institution includes a religious 49 modifier or the name of a religious patriarch, saint, person, or 50 symbol of the church. 51 2.The institution offers only educational programs that 52 prepare students for religious vocations as ministers, 53 professionals, or laypersons in the categories of ministry, 54 counseling, theology, education, administration, music, fine 55 arts, media communications, or social work. 56 3.The titles of degrees issued by the institution cannot 57 be confused with secular degree titles. For this purpose, each 58 degree title must include a religious modifier that immediately 59 precedes, or is included within, any of the following degrees: 60 Associate of Arts, Associate of Science, Bachelor of Arts, 61 Bachelor of Science, Master of Arts, Master of Science, Doctor 62 of Philosophy, and Doctor of Education. The religious modifier 63 must be placed on the title line of the degree, on the 64 transcript, and whenever the title of the degree appears in 65 official school documents or publications. 66 4.The duration of all degree programs offered by the 67 institution is consistent with the standards of the commission. 68 5.The institutions consumer practices are consistent with 69 those required by s. 1005.04. 70 71 The commission may provide such a religious institution a letter 72 stating that the institution has met the requirements of state 73 law and is not subject to governmental oversight. 74 Section 2.Section 1005.12, Florida Statutes, is created to 75 read: 76 1005.12Nonpublic religious postsecondary educational 77 institutions. 78 (1)Nonpublic religious postsecondary educational 79 institutions, such as religious colleges, operating under this 80 section without licensure are required to meet two or more of 81 the following criteria: 82 (a)Be incorporated in this state. 83 (b)Be a limited liability company in this state. 84 (c)Be under a domestic or foreign corporation registered 85 in this state. 86 (d)Be a ministry under an entity with an Internal Revenue 87 Service taxpayer identification number. 88 (e)Be tax exempt under s. 501(c)(3) of the Internal 89 Revenue Code. 90 (f)Be registered under a fictitious name in this state 91 under one of the entities specified in paragraphs (a)-(e). 92 (2)A nonpublic religious postsecondary educational 93 institution may operate exempt from licensure in this state if 94 the institution annually provides to the commission by sworn 95 affidavit, either electronically or in print, all of the 96 following information or affirmations: 97 (a)The name of the institution, which must include a 98 religious modifier or the name of a religious patriarch, saint, 99 person, or symbol of the church. 100 (b)That the institution offers only educational programs 101 that prepare students for religious vocations as ministers, 102 professionals, or laypersons in the categories of ministry, 103 counseling, theology, education, administration, business, 104 accounting, finance, music, fine arts, media, social work, or 105 communications. 106 (c)The titles of any of the following degrees conferred by 107 the institution, which must include a religious modifier on the 108 title line of the degree, on the transcript, and whenever the 109 title of the degree appears in the institutions official 110 documents or publications: 111 1.Associate of Arts. 112 2.Associate of Science. 113 3.Bachelor of Arts. 114 4.Bachelor of Science. 115 5.Master of Arts. 116 6.Master of Science. 117 7.Doctor of Philosophy. 118 8.Doctor of Education. 119 (d)That the duration of all degree programs offered by the 120 institution is consistent with the standards of the commission. 121 (e)That the institutions consumer practices are 122 consistent with those required by s. 1005.04. 123 (3)The commission shall annually provide the nonpublic 124 religious postsecondary educational institution with a written 125 notice stating that the institution is exempt from licensure and 126 has complied with the requirements of this section. The written 127 notice from the previous year remains effective until the 128 commissions workload permits its appropriate adjudication of a 129 subsequent years sworn affidavit submitted by the institution. 130 (4)Verification of the nonpublic religious postsecondary 131 educational institutions compliance with this section may be 132 accomplished by one of the following methods: 133 (a)A finding of compliance by the commission after the 134 institution submits the required documentation in print or 135 electronically. 136 (b)A finding of compliance by a religious nongovernmental 137 education association based in this state which the commission 138 may cooperate with pursuant to s. 1005.22(1)(g) to administer 139 its duties under this section. In order to issue a finding of 140 compliance, a religious nongovernmental education association 141 approved by the commission must: 142 1.Operate in this state and require its members to reside 143 in this state. 144 2.Ensure that its members are trained by the association 145 to verify compliance under this section. 146 3.Have a review team composed of at least three members, 147 of which no more than two members may derive income from the 148 same institution as one another. 149 4.Prohibit a member of the review team from deriving 150 income from the institution being reviewed. 151 5.Annually submit to the commission, on behalf of the 152 institution being reviewed, a sworn affidavit designating the 153 association as the institutions agent to represent it before 154 the commission and a written notice from the associations 155 review team affirming the institutions compliance with this 156 section. 157 (5)If a nonpublic religious postsecondary educational 158 institution has received from the commission a written notice of 159 compliance with this section and exemption from licensure, and 160 the institution subsequently fails to comply, the commission 161 must send the institution a notice of noncompliance, and the 162 institution must do one of the following: 163 (a)Apply for a license pursuant to s. 1005.31(1)(a) within 164 45 days after issuance of the notice. 165 (b)Cease operating in this state within 45 days after 166 issuance of the notice. 167 (6)If the institution does not take the specified actions 168 pursuant to subsection (5), the employee or agent of the 169 institution who produced the sworn affidavit is subject to the 170 penalties provided in s. 837.012 for making a false statement on 171 a sworn affidavit. 172 (7)The commission may take action pursuant to subsection 173 (5) upon a finding of noncompliance by the institution, or upon 174 receiving written notices from two or more different nonpublic 175 religious postsecondary educational institutions under this 176 section that the institution in question has failed to meet the 177 requirements of this section. 178 Section 3.Paragraph (i) of subsection (3) of section 179 553.865, Florida Statutes, is amended to read: 180 553.865Private spaces. 181 (3)As used in this section, the term: 182 (i)Postsecondary educational institution or facility 183 means: 184 1.A state university as defined in s. 1000.21(8); 185 2.A Florida College System institution as defined in s. 186 1000.21(5); 187 3.A school district career center as described in s. 188 1001.44(3); 189 4.A college or university licensed by the Commission for 190 Independent Education pursuant to s. 1005.31(1)(a); or 191 5.An institution not under the jurisdiction or purview of 192 the commission as identified in s. 1005.06(1) or s. 1005.12 s. 193 1005.06(1)(b)-(f). 194 Section 4.Paragraph (e) of subsection (1) of section 195 1005.03, Florida Statutes, is amended to read: 196 1005.03Designation college or university. 197 (1)The use of the designation college or university in 198 combination with any series of letters, numbers, or words is 199 restricted in this state to colleges or universities as defined 200 in s. 1005.02 that offer degrees as defined in s. 1005.02 and 201 fall into at least one of the following categories: 202 (e)A college that meets the description of either s. 203 1005.06(1)(e) or s. 1005.12 (f). 204 Section 5.Subsection (1) of section 1005.04, Florida 205 Statutes, is amended to read: 206 1005.04Fair consumer practices. 207 (1)Every institution that is under the jurisdiction of the 208 commission or is exempt from the jurisdiction or purview of the 209 commission pursuant to s. 1005.06(1)(c) or s. 1005.12 (f) and 210 that either directly or indirectly solicits for enrollment any 211 student shall: 212 (a)Disclose to each prospective student a statement of the 213 purpose of such institution, its educational programs and 214 curricula, a description of its physical facilities, its status 215 regarding licensure, its fee schedule and policies regarding 216 retaining student fees if a student withdraws, and a statement 217 regarding the transferability of credits to and from other 218 institutions. The institution shall make the required 219 disclosures in writing at least 1 week prior to enrollment or 220 collection of any tuition from the prospective student. The 221 required disclosures may be made in the institutions current 222 catalog; 223 (b)Use a reliable method to assess, before accepting a 224 student into a program, the students ability to complete 225 successfully the course of study for which he or she has 226 applied; 227 (c)Inform each student accurately about financial 228 assistance and obligations for repayment of loans; describe any 229 employment placement services provided and the limitations 230 thereof; and refrain from promising or implying guaranteed 231 placement, market availability, or salary amounts; 232 (d)Provide to prospective and enrolled students accurate 233 information regarding the relationship of its programs to state 234 licensure requirements for practicing related occupations and 235 professions in Florida; 236 (e)Ensure that all advertisements are accurate and not 237 misleading; 238 (f)Publish and follow an equitable prorated refund policy 239 for all students, and follow both the federal refund guidelines 240 for students receiving federal financial assistance and the 241 minimum refund guidelines set by commission rule; 242 (g)Follow the requirements of state and federal laws that 243 require annual reporting with respect to crime statistics and 244 physical plant safety and make those reports available to the 245 public; 246 (h)Publish and follow procedures for handling student 247 complaints, disciplinary actions, and appeals; and 248 (i)Prior to enrollment, provide a written disclosure to a 249 student or prospective student of all fees and costs that will 250 be incurred by a student, the institutions refund policy, any 251 exit examination requirements, and the grade point average 252 required for completion of the students program or degree. The 253 disclosure shall include a statement regarding the scope of 254 accreditation, if applicable. Institutions licensed by the 255 Commission for Independent Education shall disclose the 256 information required pursuant to this paragraph in a format 257 prescribed by the commission. 258 Section 6.Paragraph (d) of subsection (2) of section 259 1005.21, Florida Statutes, is amended to read: 260 1005.21Commission for Independent Education. 261 (2)The Commission for Independent Education shall consist 262 of seven members who are residents of this state. The commission 263 shall function in matters concerning independent postsecondary 264 educational institutions in consumer protection, program 265 improvement, and licensure for institutions under its purview. 266 The Governor shall appoint the members of the commission who are 267 subject to confirmation by the Senate. The membership of the 268 commission shall consist of: 269 (d)One representative of a college that meets the criteria 270 of s. 1005.12 s. 1005.06(1)(f). 271 Section 7.Paragraph (a) of subsection (1) and subsection 272 (11) of section 1005.31, Florida Statutes, are amended to read: 273 1005.31Licensure of institutions. 274 (1)(a)Each college or school operating within this state 275 must obtain licensure from the commission unless the institution 276 is not under the commissions purview or jurisdiction as 277 provided in s. 1005.06, or the institution meets the 278 requirements of s. 1005.12. 279 (11)The commission shall establish minimum standards for 280 the approval of agents. The commission may adopt rules to ensure 281 that licensed agents meet these standards and uphold the intent 282 of this chapter. An agent may not solicit prospective students 283 in this state for enrollment in any independent postsecondary 284 educational institution under the commissions purview or in any 285 out-of-state independent postsecondary educational institution 286 unless the agent has received a license as prescribed by the 287 commission or solicits for a postsecondary educational 288 institution that is not under the jurisdiction of the commission 289 pursuant to s. 1005.06(1)(g) s. 1005.06(1)(h). 290 Section 8.This act shall take effect July 1, 2024.