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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to nonpublic religious postsecondary 2
educational institutions; amending s. 1005.06, F.S.; 3
removing religious colleges from the list of 4
institutions specified as not being under the 5
jurisdiction or purview of the Commission for 6
Independent Education; creating s. 1005.12, F.S.; 7
providing legislative intent; providing requirements 8
that must be met by nonpublic religious postsecondary 9
educational institutions that operate without being 10
licensed by the commission; requiring such 11
institutions to provide a sworn affidavit with 12
specified information to the commission; requiring the 13
commission to provide such institutions annually with 14
a written notice of exemption from licensure and of 15
compliance with specified requirements; 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; requiring noncompliant institutions to 25
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submit specified documentation, apply for a license, 26
or cease operations within a specified timeframe; 27
requiring that the employee or agent of the 28
noncompliant institution who produced the sworn 29
affidavit be subject to criminal penalties under 30
certain circumstances; authorizing the commission to 31
adopt rules; amending ss. 553.865, 1005.03, 1005.04, 32
1005.21, and 1005.31, F.S.; conforming cross -33
references and provisions to changes made by the act; 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 su bsection (1) of section 39
1005.06, Florida Statutes, is amended to read: 40
1005.06 Institutions 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
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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 categori es 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 th e 67
institution is consistent with the standards of the commission. 68
5. The institution's consumer practices are consistent 69
with 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 75
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to read: 76
1005.12 Nonpublic religious postsecondary educational 77
institutions.— 78
(1) The Legislature intends that this section aid in 79
protecting the integrity of degrees, diplomas, and other 80
educational credentials offered by nonpublic religious 81
postsecondary educational institutions by providing for the 82
evaluation of minimum educational requirements to prohibit the 83
granting of false or misleading educational credentials and to 84
prohibit misleading literature, advertising, solicitation, or 85
representations by nonpublic religious postsecondary educational 86
institutions or their agents. 87
(2) Nonpublic religious postsecond ary educational 88
institutions, such as religious colleges, operating under this 89
section without licensure are required to verify compliance with 90
fair consumer practice requirements under s. 1005.04 by sworn or 91
affirmed affidavit. 92
(3) 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
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(b) That the institution offers only educational programs 101
that prepare students for religious vocations as min isters, 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 co nferred 107
by the institution, which must include a religious modifier on 108
the title line of the degree, on the transcript, and whenever 109
the title of the degree appears in the institution's 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 120
the institution is consistent with the standards of the 121
commission. 122
(e) That the institution's consumer practices are 123
consistent with those required by s. 1005.04. 124
(4) The commission shall annually provide the nonpublic 125
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religious postsecondary educational institution with a written 126
notice stating that the institution is exempt from licensure and 127
has complied with the requirements of this section. The written 128
notice from the previous year remains effective until the 129
commission's workload permits its appropriate adjudication of a 130
subsequent year's sworn affidavit submitted by the institution. 131
(5) Verification of a nonpublic religious postsecondary 132
educational institution's compliance with this section may be 133
accomplished by one of the following methods: 134
(a) A finding of compliance by t he commission after the 135
institution submits the required documentation in print or 136
electronically. 137
(b) A finding of compliance by the commission after the 138
institution submits the required documentation in print or 139
electronically through a commission -approved religious 140
nongovernmental education association that the commission may 141
cooperate with pursuant to s. 1005.22(1)(g) in administering its 142
duties under this section. In order to submit the required 143
documentation annually, in print or electronically, to the 144
commission on behalf of the institution being reviewed, a 145
religious nongovernmental education association approved by the 146
commission must: 147
1. Be based in and operate in this state and require its 148
members to reside in this state. 149
2. Ensure that its members are trained by the association 150
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to verify compliance under this section. 151
3. Prohibit a member of the review team from deriving 152
income from the institution being reviewed. 153
(6) If a nonpublic religious postsecondary educational 154
institution has received from the commission a written notice of 155
compliance with this section and exemption from licensure, and 156
the institution subsequently fails to comply, the commission 157
must send the institution a notice of noncompliance that states 158
the circumstances unde r which the institution was found to have 159
been noncompliant, and the institution must do one of the 160
following within 45 days: 161
(a) Submit to the commission documentation correcting the 162
issues stated on the finding of noncompliance notice. 163
(b) Apply for a license pursuant to s. 1005.31(1)(a). 164
(c) Cease operating in this state. 165
(7) If the institution does not take the specified actions 166
pursuant to subsection (6), the employee or agent of the 167
institution who produced the sworn affidavit is subject to the 168
penalties provided in s. 837.012 for making a false statement on 169
a sworn affidavit. 170
(8) The commission may adopt rules to implement this 171
section. 172
Section 3. Paragraph (i) of subsection (3) of section 173
553.865, Florida Statutes, is amended to read: 174
553.865 Private spaces. — 175
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(3) As used in this section, the term: 176
(i) "Postsecondary educational institution or facility" 177
means: 178
1. A state university as defined in s. 1000.21(9); 179
2. A Florida College System institution as defined in s. 180
1000.21(5); 181
3. A school district career center as described in s. 182
1001.44(3); 183
4. A college or university licensed by the Commission for 184
Independent Education pursuant to s. 1005.31(1)(a); or 185
5. An institution not under the jurisdiction or purview of 186
the commission as identified in s. 1005.06(1) or s. 1005.12 s. 187
1005.06(1)(b)-(f). 188
Section 4. Paragraph (e) of subsection (1) of section 189
1005.03, Florida Statutes, is amended to read: 190
1005.03 Designation "college" or "university." — 191
(1) The use of the designat ion "college" or "university" 192
in combination with any series of letters, numbers, or words is 193
restricted in this state to colleges or universities as defined 194
in s. 1005.02 that offer degrees as defined in s. 1005.02 and 195
fall into at least one of the follow ing categories: 196
(e) A college that meets the description of either s. 197
1005.06(1)(e) or s. 1005.12 (f). 198
Section 5. Subsection (1) of section 1005.04, Florida 199
Statutes, is amended to read: 200
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1005.04 Fair consumer practices. — 201
(1) Every institution tha t is under the jurisdiction of 202
the commission or is exempt from the jurisdiction or purview of 203
the commission pursuant to s. 1005.06(1)(c) or s. 1005.12 (f) 204
and that either directly or indirectly solicits for enrollment 205
any student shall: 206
(a) Disclose to each prospective student a statement of 207
the purpose of such institution, its educational programs and 208
curricula, a description of its physical facilities, its status 209
regarding licensure, its fee schedule and policies regarding 210
retaining student fees if a student withdraws, and a statement 211
regarding the transferability of credits to and from other 212
institutions. The institution shall make the required 213
disclosures in writing at least 1 week prior to enrollment or 214
collection of any tuition from the prospective student. The 215
required disclosures may be made in the institution's current 216
catalog; 217
(b) Use a reliable method to assess, before accepting a 218
student into a program, the student's ability to complete 219
successfully the course of study for which he or she ha s 220
applied; 221
(c) Inform each student accurately about financial 222
assistance and obligations for repayment of loans; describe any 223
employment placement services provided and the limitations 224
thereof; and refrain from promising or implying guaranteed 225
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placement, market availability, or salary amounts; 226
(d) Provide to prospective and enrolled students accurate 227
information regarding the relationship of its programs to state 228
licensure requirements for practicing related occupations and 229
professions in Florida; 230
(e) Ensure that all advertisements are accurate and not 231
misleading; 232
(f) Publish and follow an equitable prorated refund policy 233
for all students, and follow both the federal refund guidelines 234
for students receiving federal financial assistance and the 235
minimum refund guidelines set by commission rule; 236
(g) Follow the requirements of state and federal laws that 237
require annual reporting with respect to crime statistics and 238
physical plant safety and make those reports available to the 239
public; 240
(h) Publish and follow procedures for handling student 241
complaints, disciplinary actions, and appeals; and 242
(i) Prior to enrollment, provide a written disclosure to a 243
student or prospective student of all fees and costs that will 244
be incurred by a student, the institution's refund policy, any 245
exit examination requirements, and the grade point average 246
required for completion of the student's program or degree. The 247
disclosure shall include a statement regarding the scope of 248
accreditation, if applicable. Institutions licensed b y the 249
Commission for Independent Education shall disclose the 250
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information required pursuant to this paragraph in a format 251
prescribed by the commission. 252
Section 6. Paragraph (d) of subsection (2) of section 253
1005.21, Florida Statutes, is amended to read: 254
1005.21 Commission for Independent Education. — 255
(2) The Commission for Independent Education shall consist 256
of seven members who are residents of this state. The commission 257
shall function in matters concerning independent postsecondary 258
educational institutions in consumer protection, program 259
improvement, and licensure for institutions under its purview. 260
The Governor shall appoint the members of the commission who are 261
subject to confirmation by the Senate. The membership of the 262
commission shall consist of : 263
(d) One representative of a college that meets the 264
criteria of s. 1005.12 s. 1005.06(1)(f). 265
Section 7. Paragraph (a) of subsection (1) and subsection 266
(11) of section 1005.31, Florida Statutes, are amended to read: 267
1005.31 Licensure of institutions. — 268
(1)(a) Each college or school operating within this state 269
must obtain licensure from the commission unless the institution 270
is not under the commission's purview or jurisdiction as 271
provided in s. 1005.06 , or the institution m eets the 272
requirements of s. 1005.12 . 273
(11) The commission shall establish minimum standards for 274
the approval of agents. The commission may adopt rules to ensure 275
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that licensed agents meet these standards and uphold the intent 276
of this chapter. An agent may not solicit prospective students 277
in this state for enrollment in any independent postsecondary 278
educational institution under the commission's purview or in any 279
out-of-state independent postsecondary educational institution 280
unless the agent has received a l icense as prescribed by the 281
commission or solicits for a postsecondary educational 282
institution that is not under the jurisdiction of the commission 283
pursuant to s. 1005.06(1)(g) s. 1005.06(1)(h). 284
Section 8. This act shall take effect October 1, 2025. 285