The purpose and effect is to institute a more equitable fee structure and to ensure that sufficient funds are collected in order for the Commission to carry out its duties and responsibilities.

 

DEPARTMENT OF EDUCATION
Commission for Independent Education

RULE NO: RULE TITLE
6E-4.001: Fees and Expenses
PURPOSE AND EFFECT: The purpose and effect is to institute a more equitable fee structure and to ensure that sufficient funds are collected in order for the Commission to carry out its duties and responsibilities.
SUMMARY: The rule sets forth the fees associated with licensure. The proposed rule increases fees due for licensure and provides for decreases or increases in the future based upon collections and expenditures.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1005.22(1)(e), 1005.35, 1005.37, 1005.38 FS.
LAW IMPLEMENTED: 1005.22, 1005.35, 1005.37, 1005.38 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 11, 2007, 10:00 a.m.
PLACE: Tampa Airport Marriott, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Samuel L. Ferguson, Executive Director, Commission for Independent Education, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6E-4.001 Fees and Expenses.

(1) The Base Fee and the Workload Fee shall be assessed at one of six levels based upon the Florida student enrollment (per license issued) for the last reported fiscal year. For each licensed institution, Florida student enrollment consists of all students enrolled at a Florida campus of an institution plus all Florida residents enrolled in any CIE licensed distance education program. If an institution that holds a 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 = 0 to 100 students

(b) Level 2 = 101-500 students

(c) Level 3 = 501-1,000 students

(d) Level 4 = 1,001 to 5,000 students

(e) Level 5 = 5,001 to 10,000 students

(f) Level 6 = over 10,000 students

If the total revenue collected by the Commission during a fiscal year is greater than 12% of the Commission’s budgeted expenditures for the same fiscal year, the Commission is authorized to reduce the Base Fee and Workload Fee up to 3%. If the total revenue collected by the Commission during a fiscal year is less than the Commission’s budgeted expenditures for the same fiscal year, the Commission is authorized to increase the Base Fee and Workload Fee up to 3%.

(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 $1,000, enrollment at Level 3 shall pay $2,000, enrollment at Level 4 shall pay $3,000, enrollment at Level 5 shall pay $4,000 and enrollment at Level 6 shall pay $5,000 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, annual review of licensure, or the annual Licensure by Means of Accreditation review.

(3)(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 other duties assigned by the Commission 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 and License by Means of Accreditation Review:

Level 1 = $1,500

Level 2 = $2,000

Level 3 = $5,000

Level 4 = $7,000

Level 5 = $8,500

Level 6 = $10,000

Institutions not Licensed by Means of Accreditation shall pay $50 per licensed program (not to exceed $500) as part of the Annual Review of License.

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

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 $300 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 Search $10

(4)(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

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

(6)(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.

(7)(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.

(8)(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.

(9)(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,__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Samuel L. Ferguson, Executive Director, Commission for Independent Education
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Commission for Independent Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 10, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 30, 2007 and July 6, 2007