Bill Summary – FastDemocracy

       Florida Senate - 2025                                      SB 46



       By Senator Rodriguez





       40-00175A-25                                            202546__
                      A bill to be entitled                      
       An act relating to nonpublic religious postsecondary
       educational institutions; amending s. 1005.06, F.S.;
       removing religious colleges from the list of
       institutions specified as not being under the
       jurisdiction or purview of the Commission for
       Independent Education; creating s. 1005.12, F.S.;
       providing legislative intent; providing requirements
       that must be met by nonpublic religious postsecondary
       educational institutions that operate without being
       licensed by the commission; requiring such
       institutions to provide a sworn affidavit with
       specified information to the commission; requiring the
       commission to provide such institutions annually with
       a written notice of exemption from licensure and of
       compliance with specified requirements; providing
       methods for verifying such compliance; authorizing a
       religious nongovernmental education association to
       cooperate with the commission to determine whether a
       nonpublic religious postsecondary educational
       institution is in compliance; providing requirements
       for such associations; requiring the commission to
       send a specified notice to nonpublic religious
       postsecondary educational institutions under certain
       circumstances; requiring noncompliant institutions to
       submit specified documentation, apply for a license,
       or cease operations within a specified timeframe;
       requiring that the employee or agent of the
       noncompliant institution who produced the sworn
       affidavit be subject to criminal penalties under
       certain circumstances; authorizing the commission to
       adopt rules; amending ss. 553.865, 1005.03, 1005.04,
       1005.21, and 1005.31, F.S.; conforming cross
       references and provisions to changes made by the act;
       providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Paragraph (f) of subsection (1) of section
1005.06, Florida Statutes, is amended to read:
       1005.06 Institutions not under the jurisdiction or purview
of the commission.—
       (1) Except as otherwise provided in law, the following
institutions are not under the jurisdiction or purview of the
commission and are not required to obtain licensure:
       (f) A religious college may operate without governmental
oversight if the college annually verifies by sworn affidavit to
the commission that:
       1. The name of the institution includes a religious
modifier or the name of a religious patriarch, saint, person, or
symbol of the church.
       2. The institution offers only educational programs that
prepare students for religious vocations as ministers,
professionals, or laypersons in the categories of ministry,
counseling, theology, education, administration, music, fine
arts, media communications, or social work.
       3. The titles of degrees issued by the institution cannot
be confused with secular degree titles. For this purpose, each
degree title must include a religious modifier that immediately
precedes, or is included within, any of the following degrees:
Associate of Arts, Associate of Science, Bachelor of Arts,
Bachelor of Science, Master of Arts, Master of Science, Doctor
of Philosophy, and Doctor of Education. The religious modifier
must be placed on the title line of the degree, on the
transcript, and whenever the title of the degree appears in
official school documents or publications.
       4. The duration of all degree programs offered by the
institution is consistent with the standards of the commission.
       5. The institution’s consumer practices are consistent with
those required by s. 1005.04.

The commission may provide such a religious institution a letter
stating that the institution has met the requirements of state
law and is not subject to governmental oversight.
       Section 2. Section 1005.12, Florida Statutes, is created to
read:
       1005.12 Nonpublic religious postsecondary educational
institutions.—
       (1) The Legislature intends that this section aid in
protecting the integrity of degrees, diplomas, and other
educational credentials offered by nonpublic religious
postsecondary educational institutions by providing for the
evaluation of minimum educational requirements to prohibit the
granting of false or misleading educational credentials and to
prohibit misleading literature, advertising, solicitation, or
representations by nonpublic religious postsecondary educational
institutions or their agents.
       (2) Nonpublic religious postsecondary educational
institutions, such as religious colleges, operating under this
section without licensure are required to verify compliance with
fair consumer practice requirements under s. 1005.04 by sworn or
affirmed affidavit.
       (3) A nonpublic religious postsecondary educational
institution may operate exempt from licensure in this state if
the institution annually provides to the commission by sworn
affidavit, either electronically or in print, all of the
following information or affirmations:
       (a) The name of the institution, which must include a
religious modifier or the name of a religious patriarch, saint,
person, or symbol of the church.
       (b) That the institution offers only educational programs
that prepare students for religious vocations as ministers,
professionals, or laypersons in the categories of ministry,
counseling, theology, education, administration, business,
accounting, finance, music, fine arts, media, social work, or
communications.
       (c) The titles of any of the following degrees conferred by
the institution, which must include a religious modifier on the
title line of the degree, on the transcript, and whenever the
title of the degree appears in the institution’s official
documents or publications:
       1. Associate of Arts.
       2. Associate of Science.
       3. Bachelor of Arts.
       4. Bachelor of Science.
       5. Master of Arts.
       6. Master of Science.
       7. Doctor of Philosophy.
       8. Doctor of Education.
       (d) That the duration of all degree programs offered by the
institution is consistent with the standards of the commission.
       (e) That the institution’s consumer practices are
consistent with those required by s. 1005.04.
       (4) The commission shall annually provide the nonpublic
religious postsecondary educational institution with a written
notice stating that the institution is exempt from licensure and
has complied with the requirements of this section. The written
notice from the previous year remains effective until the
commission’s workload permits its appropriate adjudication of a
subsequent year’s sworn affidavit submitted by the institution.
       (5) Verification of a nonpublic religious postsecondary
educational institution’s compliance with this section may be
accomplished by one of the following methods:
       (a) A finding of compliance by the commission after the
institution submits the required documentation in print or
electronically.
       (b) A finding of compliance by the commission after the
institution submits the required documentation in print or
electronically through a commission-approved religious
nongovernmental education association that the commission may
cooperate with pursuant to s. 1005.22(1)(g) in administering its
duties under this section. In order to submit the required
documentation annually, in print or electronically, to the
commission on behalf of the institution being reviewed, a
religious nongovernmental education association approved by the
commission must:
       1. Be based in and operate in this state and require its
members to reside in this state.
       2. Ensure that its members are trained by the association
to verify compliance under this section.
       3. Prohibit a member of the review team from deriving
income from the institution being reviewed.
       (6) If a nonpublic religious postsecondary educational
institution has received from the commission a written notice of
compliance with this section and exemption from licensure, and
the institution subsequently fails to comply, the commission
must send the institution a notice of noncompliance that states
the circumstances under which the institution was found to have
been noncompliant, and the institution must do one of the
following within 45 days:
       (a) Submit to the commission documentation correcting the
issues stated on the finding of noncompliance notice.
       (b) Apply for a license pursuant to s. 1005.31(1)(a).
       (c) Cease operating in this state.
       (7) If the institution does not take the specified actions
pursuant to subsection (6), the employee or agent of the
institution who produced the sworn affidavit is subject to the
penalties provided in s. 837.012 for making a false statement on
a sworn affidavit.
       (8) The commission may adopt rules to implement this
section.
       Section 3. Paragraph (i) of subsection (3) of section
553.865, Florida Statutes, is amended to read:
       553.865 Private spaces.—
       (3) As used in this section, the term:
       (i) “Postsecondary educational institution or facility”
means:
       1. A state university as defined in s. 1000.21(9);
       2. A Florida College System institution as defined in s.
1000.21(5);
       3. A school district career center as described in s.
1001.44(3);
       4. A college or university licensed by the Commission for
Independent Education pursuant to s. 1005.31(1)(a); or
       5. An institution not under the jurisdiction or purview of
the commission as identified in s. 1005.06(1) or s. 1005.12 s.
1005.06(1)(b)-(f).
       Section 4. Paragraph (e) of subsection (1) of section
1005.03, Florida Statutes, is amended to read:
       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:
       (e) A college that meets the description of either s.
1005.06(1)(e) or s. 1005.12 (f).
       Section 5. Subsection (1) of section 1005.04, Florida
Statutes, is amended to read:
       1005.04 Fair consumer practices.—
       (1) Every institution that is under the jurisdiction of the
commission or is exempt from the jurisdiction or purview of the
commission pursuant to s. 1005.06(1)(c) or s. 1005.12 (f) and
that either directly or indirectly solicits for enrollment any
student shall:
       (a) Disclose to each prospective student a statement of the
purpose of such institution, its educational programs and
curricula, a description of its physical facilities, its status
regarding licensure, its fee schedule and policies regarding
retaining student fees if a student withdraws, and a statement
regarding the transferability of credits to and from other
institutions. The institution shall make the required
disclosures in writing at least 1 week prior to enrollment or
collection of any tuition from the prospective student. The
required disclosures may be made in the institution’s current
catalog;
       (b) Use a reliable method to assess, before accepting a
student into a program, the student’s ability to complete
successfully the course of study for which he or she has
applied;
       (c) Inform each student accurately about financial
assistance and obligations for repayment of loans; describe any
employment placement services provided and the limitations
thereof; and refrain from promising or implying guaranteed
placement, market availability, or salary amounts;
       (d) Provide to prospective and enrolled students accurate
information regarding the relationship of its programs to state
licensure requirements for practicing related occupations and
professions in Florida;
       (e) Ensure that all advertisements are accurate and not
misleading;
       (f) Publish and follow an equitable prorated refund policy
for all students, and follow both the federal refund guidelines
for students receiving federal financial assistance and the
minimum refund guidelines set by commission rule;
       (g) Follow the requirements of state and federal laws that
require annual reporting with respect to crime statistics and
physical plant safety and make those reports available to the
public;
       (h) Publish and follow procedures for handling student
complaints, disciplinary actions, and appeals; and
       (i) Prior to enrollment, provide a written disclosure to a
student or prospective student of all fees and costs that will
be incurred by a student, the institution’s refund policy, any
exit examination requirements, and the grade point average
required for completion of the student’s program or degree. The
disclosure shall include a statement regarding the scope of
accreditation, if applicable. Institutions licensed by the
Commission for Independent Education shall disclose the
information required pursuant to this paragraph in a format
prescribed by the commission.
       Section 6. Paragraph (d) of subsection (2) of section
1005.21, Florida Statutes, is amended to read:
       1005.21 Commission for Independent Education.—
       (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:
       (d) One representative of a college that meets the criteria
of s. 1005.12 s. 1005.06(1)(f).
       Section 7. Paragraph (a) of subsection (1) and subsection
(11) of section 1005.31, Florida Statutes, are amended to read:
       1005.31 Licensure of institutions.—
       (1)(a) Each college or school operating within this state
must obtain licensure from the commission unless the institution
is not under the commission’s purview or jurisdiction as
provided in s. 1005.06, or the institution meets the
requirements of s. 1005.12.
       (11) The commission shall establish minimum standards for
the approval of agents. The commission may adopt rules to ensure
that licensed agents meet these standards and uphold the intent
of this chapter. An agent may not solicit prospective students
in this state for enrollment in any independent postsecondary
educational institution under the commission’s purview or in any
out-of-state independent postsecondary educational institution
unless the agent has received a license as prescribed by the
commission or solicits for a postsecondary educational
institution that is not under the jurisdiction of the commission
pursuant to s. 1005.06(1)(g) s. 1005.06(1)(h).
       Section 8. This act shall take effect October 1, 2025.
Statutes affected: 
S 46 Filed: 1005.06, 553.865, 1005.03, 1005.04, 1005.21