Florida Senate - 2025 SB 46
By Senator Rodriguez
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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
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 Florida Senate - 2025 SB 46
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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 subsection (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
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 Florida Senate - 2025 SB 46
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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 institution’s 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
1005.12 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 Florida Senate - 2025 SB 46
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(2) Nonpublic religious postsecondary educational 88
institutions, such as religious colleges, operating under this 89
section without licensure are required to verif y 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
(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 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 Florida Senate - 2025 SB 46
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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 institution ’s consumer practices are 122
consistent with those required by s. 1005.04. 123
(4) 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
commission’s workload permits its appropriate adjudication of a 129
subsequent year’s sworn affidavit submitted by the institution. 130
(5) Verification of a nonpublic religious postsecondary 131
educational institution’s 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 the commission after the 137
institution submits the required documentation in print or 138
electronically through a commission -approved religious 139
nongovernmental education association that the commission may 140
cooperate with pursuant to s. 1005.22(1)(g) in administering its 141
duties under this section. In order to submit the required 142
documentation annually , in print or electronically , to the 143
commission on behalf of the institution being reviewed, a 144
religious nongovernmental education association approved by the 145 Florida Senate - 2025 SB 46
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commission must: 146
1. Be based in and operate in this state and require its 147
members to reside in this state. 148
2. Ensure that its members are trained by the assoc iation 149
to verify compliance under this section. 150
3. Prohibit a member of the review team from deriving 151
income from the institution being reviewed. 152
(6) If a nonpublic religious postsecondary educational 153
institution has received from the commission a written notice of 154
compliance with this section and exemption from licensure , and 155
the institution subsequently fails to comply, the commission 156
must send the institution a notice of noncompliance that states 157
the circumstances under which the institution was found to have 158
been noncompliant, and the institution must do one of the 159
following within 45 days: 160
(a) Submit to the commission documentation correcting the 161
issues stated on the finding of noncompliance notice. 162
(b) Apply for a license pursuant to s. 1005.31(1)(a). 163
(c) Cease operating in this state. 164
(7) If the institution does not take the specified actions 165
pursuant to subsection (6), the employee or agent of the 166
institution who produced the sworn affidavit is subject to the 167
penalties provided in s. 837.012 for making a false statement on 168
a sworn affidavit. 169
(8) The commission may adopt rules to implement this 170
section. 171
Section 3. Paragraph (i) of subsection (3) of section 172
553.865, Florida Statutes, is amended to read: 173
553.865 Private spaces.— 174 Florida Senate - 2025 SB 46
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(3) As used in this section, the term: 175
(i) “Postsecondary educational institution or facility” 176
means: 177
1. A state university as defined in s. 1000.21(9); 178
2. A Florida College System institution as defined in s. 179
1000.21(5); 180
3. A school district career center as described in s. 181
1001.44(3); 182
4. A college or university licensed by the Commission for 183
Independent Education pursuant to s. 1005.31(1)(a); or 184
5. An institution not under the jurisdiction or purview of 185
the commission as identified in s. 1005.06(1) or s. 1005.12 s. 186
1005.06(1)(b)-(f). 187
Section 4. Paragraph (e) of subsection (1) of section 188
1005.03, Florida Statutes, is amended to read: 189
1005.03 Designation “college” or “university.” — 190
(1) The use of the designation “college” or “university” in 191
combination with any series of letters, numbers, or words is 192
restricted in this state to colleges or universities as defined 193
in s. 1005.02 that offer degrees as defined in s. 1005.02 and 194
fall into at least one of the following categories: 195
(e) A college that meets the description of either s. 196
1005.06(1)(e) or s. 1005.12 (f). 197
Section 5. Subsection (1) of section 1005.04, Florida 198
Statutes, is amended to read: 199
1005.04 Fair consumer practices. — 200
(1) Every institution that is under the jurisdiction of the 201
commission or is exempt from the jurisdiction or purview of the 202
commission pursuant to s. 1005.06(1)(c) or s. 1005.12 (f) and 203 Florida Senate - 2025 SB 46
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that either directly or indirectly solicits for enrollment any 204
student shall: 205
(a) Disclose to each prospective student a statement of the 206
purpose of such institution, its educational programs and 207
curricula, a description of its physical facilities, its status 208
regarding licensure, its fee schedule and policies regarding 209
retaining student fees if a student withdraws, and a statement 210
regarding the transferability of credits to and from other 211
institutions. The institution shall make the required 212
disclosures in writing at least 1 week prior to enrollment or 213
collection of any tuition from the prospective student. The 214
required disclosures may be made in the institution’s current 215
catalog; 216
(b) Use a reliable method to assess, before accepting a 217
student into a program, the student’s ability to complete 218
successfully the course of study for which he or she has 219
applied; 220
(c) Inform each student accurately about financial 221
assistance and obligations for repayment of loans; describe any 222
employment placement services provided and the limitations 223
thereof; and refrain from promising or implying guaranteed 224
placement, market availability, or salary amounts; 225
(d) Provide to prospective and enrolled students accurate 226
information regarding the relationship of its programs to state 227
licensure requirements for practicing related occupations and 228
professions in Florida; 229
(e) Ensure that all advertisements are accurate and not 230
misleading; 231
(f) Publish and follow an equitable prorated refund policy 232 Florida Senate - 2025 SB 46
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for all students, and follow both the federal refund guidelines 233
for students receiving federal financial assistance and the 234
minimum refund guidelines set by commission rule; 235
(g) Follow the requirements of state and federal laws that 236
require annual reporting with respect to crime statistics and 237
physical plant safety and make those reports available to the 238
public; 239
(h) Publish and follow procedures for handling student 240
complaints, disciplinary actions, and appeals; and 241
(i) Prior to enrollment, provide a written disclosure to a 242
student or prospective student of all fees and costs that will 243
be incurred by a student, the institution’s refund policy, any 244
exit examination requirements, and the grade point average 245
required for completion of the student’s program or degree. The 246
disclosure shall include a statement regarding the scope of 247
accreditation, if applicable. Institutions licensed by the 248
Commission for Independent Education shall disclose the 249
information required pursuant to this paragraph in a format 250
prescribed by the commission. 251
Section 6. Paragraph (d) of subsection (2) of section 252
1005.21, Florida Statutes, is amended to read: 253
1005.21 Commission for Independent Education. — 254
(2) The Commission for Independent Education shall consist 255
of seven members who are residents of this state. The commission 256
shall function in matters concerning independent postsecondary 257
educational institutions in consumer protection, program 258
improvement, and licensure for institutions under its purview. 259
The Governor shall appoint the members of the commission who are 260
subject to confirmation by the Senate. The membership of the 261 Florida Senate - 2025 SB 46
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commission shall consist of: 262
(d) One representative of a college that meets the criteria 263
of s. 1005.12 s. 1005.06(1)(f). 264
Section 7. Paragraph (a) of subsection (1) and subsection 265
(11) of section 1005.31, Florida Statutes, are amended to read: 266
1005.31 Licensure of institutions. — 267
(1)(a) Each college or school operating within this state 268
must obtain licensure from the commission unless the institution 269
is not under the commission’s purview or jurisdiction as 270
provided in s. 1005.06 , or the institution meets the 271
requirements of s. 1005.12 . 272
(11) The commission shall establish minimum standards for 273
the approval of agents. The commission may adopt rules to ensure 274
that licensed agents meet these standards and uphold the intent 275
of this chapter. An agent may not solicit prospective students 276
in this state for enrollment in any independent postsecondary 277
educational institution under the commission’s purview or in any 278
out-of-state independent postsecondary educational institution 279
unless the agent has received a license as prescribed by the 280
commission or solicits for a postsecondary educational 281
institution that is not under the jurisdiction of the commission 282
pursuant to s. 1005.06(1)(g) s. 1005.06(1)(h). 283
Section 8. This act shall take effect October 1, 2025. 284