Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions.
For purposes of this rule, the following definitions apply:
(a) The term "administrator" means the
personnel who have been assigned the responsibilities of institution-wide or
campus-wide academic or administrative functions.
(b) The term "Commission" means the
Commission for Independent Education.
(c) The term "law enforcement agency" means
any unit of the nonpublic college, university, or school, as defined in Section
1000.21 or
1005.02, F.S., which is vested
with the authority to bear arms and make arrests, and whose primary
responsibility is the prevention and detection of crime or the enforcement of
the penal, criminal, traffic, or highway laws of the state.
(2) Failure to Report.
(a) Any person who has knowledge that a
nonpublic college, university or school administrator knowingly and willfully
failed to report information of known or suspected child abuse, abandonment or
neglect, or knowingly and willfully prevented another person from doing so, as
required by Section 39.205, F.S., may file a
complaint with the Commission at
www.fldoe.org/cie, by fax at (850)245-3238, or
by writing to the Commission at 325 West Gaines Street, Suite 1414,
Tallahassee, FL 32399-0400.
(b) Any
person who has knowledge that a law enforcement agency failed to report
information of known or suspected child abuse, abandonment or neglect, as
required by Section 39.205, F.S., may file a
complaint with the Commission at
www.fldoe.org/cie, by fax at (850)245-3238, or
by writing to the Commission at 325 West Gaines Street, Suite 1414,
Tallahassee, Florida 32399-0400.
(c) Upon receipt of a complaint, the
Commission shall investigate it within thirty (30) days.
(d) The institution shall be provided with
the complaint, the Commission's investigation, and a copy of Section
39.205, F.S., and shall have
twenty (20) working days after receipt to submit a written response to the
Commission.
(3) Action by
the Commission. Prior to imposing a fine, the Commission shall consider the
complaint, the investigation, and the institution's response at a publically
noticed meeting. Any order imposing a fine shall be reduced to writing and a
copy provided to the institution or agency.
(4) Fines. Fines assessed under this section
shall be paid to the Chief Financial Officer of the Department of Education for
deposit into the Institutional Assessment Trust Fund in accordance with
subsection 6E-4.001(9),
F.A.C.
Rulemaking Authority
39.205(10) FS.
Law Implemented 39.205
FS.
New 3-5-14.
