(1) DEFINITION.—As used in this section, the term “postsecondary education institution” means a Florida College System institution, state university, or nonpublic postsecondary education institution that receives state funds.
(2) ACCREDITATION.—
(a) By September 1, 2022, the Board of Governors or the State Board of Education, as applicable, shall identify and determine the accrediting agencies or associations best suited to serve as an accreditor for public postsecondary institutions. Such accrediting agencies or associations must be recognized by the database created and maintained by the United States Department of Education. A public postsecondary institution may not be accredited by the same accrediting agency or association for consecutive accreditation cycles. In the year following reaffirmation or fifth-year review by its accrediting agencies or associations, each public postsecondary institution must seek and obtain accreditation from an accrediting agency or association identified by the Board of Governors or State Board of Education, respectively, before its next reaffirmation or fifth-year review date. The requirements of this subsection are not applicable to those professional, graduate, departmental, or certificate programs at public postsecondary institutions that have specific accreditation requirements or best practices, including, but not limited to, law, pharmacy, engineering, or other similarly situated educational programs.
(b) Once a public postsecondary institution is required to seek and obtain accreditation from an agency or association identified pursuant to paragraph (a), the institution shall seek accreditation from a regional accrediting agency or association and provide quarterly reports of its progress to the Board of Governors or State Board of Education, as applicable. If each regional accreditation agency or association identified pursuant to paragraph (a) has refused to grant candidacy status to an institution, the institution shall seek and obtain accreditation from any accrediting agency or association that is different 1from its current accrediting agency or association and is recognized by the database created and maintained by the United States Department of Education. If a public postsecondary institution is not granted candidacy status before its next reaffirmation or fifth-year review date, the institution may remain with its current accrediting agency or association.
(3) CAUSE OF ACTION.—A postsecondary education institution negatively impacted by retaliatory action taken against the postsecondary education institution by an accrediting agency or association may bring an action against the accrediting agency or association in a court of competent jurisdiction and may obtain liquidated damages up to the amount of federal financial aid received by the postsecondary education institution, court costs, and reasonable attorney fees.
(4) EXPIRATION.—This section expires December 31, 2032.
History.—s. 4, ch. 2022-70.
1Note.—The word “from” was substituted for the word “than” by the editors to improve clarity.
Structure Florida Statutes
Title XLVIII - Early Learning-20 Education Code
Chapter 1008 - Assessment and Accountability
Part II - Accountability, Early Learning-20 (Ss. 1008.31-1008.47)
1008.32 - State Board of Education oversight enforcement authority.
1008.322 - Board of Governors oversight enforcement authority.
1008.33 - Authority to enforce public school improvement.
1008.332 - Committee of practitioners pursuant to federal No Child Left Behind Act.
1008.34 - School grading system; school report cards; district grade.
1008.341 - School improvement rating for alternative schools.
1008.3415 - School grade or school improvement rating for exceptional student education centers.
1008.345 - Implementation of state system of school improvement and education accountability.
1008.36 - Florida School Recognition Program.
1008.365 - Reading Achievement Initiative for Scholastic Excellence Act.
1008.37 - Postsecondary feedback of information to high schools.
1008.38 - Articulation accountability process.
1008.385 - Educational planning and information systems.
1008.386 - Florida student identification.
1008.39 - Florida Education and Training Placement Information Program.
1008.40 - Workforce Development Information System.
1008.405 - Adult student information.
1008.41 - Workforce education; management information system.
1008.42 - Public information on career education programs.
1008.43 - Career program reporting requirements.
1008.44 - CAPE Industry Certification Funding List.
1008.45 - Florida College System institution accountability process.
1008.46 - State university accountability process.
1008.47 - Postsecondary education institution accreditation.