Notice of Development of Rulemaking

DEPARTMENT OF EDUCATION
Commission for Independent Education
RULE NO: RULE TITLE
6E-4.001: Fees and Expenses
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to institute a more equitable fee structure.
SUBJECT AREA TO BE ADDRESSED: Fees assessed for regulation of institutions under the jurisdiction of the Commission for Independent Education.
SPECIFIC AUTHORITY: 1005.22(1)(e), 1005.35, 1005.37, 1005.38 FS.
LAW IMPLEMENTED: 1005.22, 1005.35, 1005.37, 1005.38 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Office of Equity and Access, (850)245-0511. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Samuel L. Ferguson, Executive Director, Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

6E‑4.001 Fees and Expenses.

(1) The Base Fee and the Workload Fee shall be assessed at one of four levels based upon the student enrollment (per license issued) for the last reported fiscal year. If an institution that holds an existing license has not submitted enrollment data to the Commission (using the CIE Annual Data Collection) they shall be assessed at the highest level.

(a) Level 1 = less than 100 students

(b) Level 2 = 101-500 students

(c) Level 3 = 501-1000 students

(d) Level 4 = over 1000 students

(2)(1) Base Fee. All nonpublic institutions and centers of out‑of‑state institutions under the jurisdiction of the Commission derive benefit from the services performed by the Commission. Such services include but are not limited to administration of the fair consumer practices program and the data collection and dissemination program. To defray the cost of such general services, each institution holding a provisional or annual license, or a license by means of accreditation, with an enrollment at Level 1 shall pay $500, enrollment at Level 2 shall pay $1000, enrollment at Level 3 shall pay $1500, and enrollment at Level 4 shall pay $2000 of less than 100, shall submit annually a Base Fee of $300, and each such institution with an enrollment of 100 or more shall submit annually a Base Fee of $900. Enrollment shall be determined by the institution’s data submission to the CIE Annual Data Collection during the previous fiscal year total student headcount in Florida, full‑time and part‑time, reported by each institution in its annual data report; or for a new institution, by its anticipated enrollment in Florida during its first year of operation. The Base Fee shall be due and collected at the time of application for provisional licensure, initial application for annual licensure, initial application for Licensure by Means of Accreditation, annual review of licensure, or annual Licensure by Means of Accreditation.

(2) Workload Fees. Each licensed Florida location of each institution receives technical assistance from the Commission, along with help in developing and implementing institutional articulation agreements and achieving candidacy status with accrediting agencies; and significant amounts of staff and administrative time are spent on evaluating applications, traveling to institutions for onsite visits, assisting institutions which are experiencing problems with financial aid or financial stability, and making reviews. The following workload fees are assessed in addition to the Base Fee, and must be received prior to Commission consideration of each action. Initial Application for License, or Moving from Nondegree to Degree:

New Nondegree Institutions                      $2,000 + $200 per program + cost of visit

New Degree‑Granting Institutions            $3,000 + $200 per program + cost of visit

Annual Review of Licensure:

Level 1 = $2000

Level 2 = $4000

Level 3 = $6000

Level 4 = $8000

Nondegree Institutions                       $1,500 + $50 per program

Degree‑Granting Institutions             $2,500 + $50 per program

Review of Extended Annual

License or Substantive Change Review                           $1,000

Licensure by Means of Accreditation:, Annually          $1,250

Level 1 = $2000

Level 2 = $4000

Level 3 = $6000

Level 4 = $8000

Provisional or Annual Licensure Extension (first)          $500

Provisional or Annual Licensure Extension (second)    $750

Provisional or Annual Licensure Extension (third)        $1,500

New Program or Program Modifications, Less than Substantive Change or More than One Minor Modification

per Year:

Nondegree Programs                                                   $500

Degree Programs                                                          $1,000

Site Visits:

One Visit per Year Included in licensure fee

Subsequent Visits directed by Commission            $1500

Expenses + Costs + $200 per day

Approval to Use College or “University”, First Time or Special Review        $500

Annual Licensure of Recruiting Agents

(nontransferable)                                                                                                         $200

Criminal Justice Information Investigation                                                              $50

Copy of Student Academic Transcript on File                                                        $10

(3) Fines and disciplinary oversight:

Fine for Probation Requiring Oversight Up to $5,000

depending on level and length of oversight required

Continuing Activity after Cease and Desist Letter, Per Day                                $1,000

Monitoring Institution under Probable Cause, Per Calendar Quarter                 $1,000

(4) Licensure application fees, base fees and program fees shall be paid annually.

(5) Student Protection Fund: Nondegree institutions will be charged a fee for the Student Protection Fund. The fees are specified in Rule 6E‑4.005, F.A.C.

(6) Investigations and Resolution of Complaints. In cases where the Commission must investigate complaints pertaining to fair consumer practices, initiate Probable Cause proceedings, render findings of fact, and issue decisions, the institution shall be assessed a fee of no less than $500 and no more than $2,000, according to the administrative time required for the specific case, which is payable within 14 days of the official action being taken by the Commission.

(7) Failure to Submit Materials in a Timely Manner. In cases where the Commission has set a specific date for the filing of materials regarding licensure or other matters under its purview, and the institution has not filed said materials within 14 calendar days of the specified date, the Commission shall assess the institution $100 per working day until the materials are received by the Commission. The postal date on the envelope or package containing the materials shall serve as the date of receipt.

(8) All fees, and any fines imposed for probation or other violations shall be paid to the Chief Financial Officer of the Department of Education for deposit into the Institutional Assessment Trust Fund as established in Section 1010.83, F.S., and identified as a separate revenue account for the authorized expenses of the Commission under the provisions of Section 1010.83, F.S.

Specific Authority 1005.22(1)(e), 1005.35, 1005.37, 1005.38 FS. Law Implemented 1005.22, 1005.35, 1005.37, 1005.38 FS. History–New 1‑7‑03, Amended 7‑27‑04,________.