The Florida Senate

246.011  Purpose.

246.013  Participation in the common course designation and numbering system.

246.021  Definitions; ss. 246.011-246.151.

246.031  State Board of Independent Colleges and Universities.

246.041  Powers and duties of board.

246.051  Administration by board.

246.061  Expenditures.

246.071  Rules of State Board of Independent Colleges and Universities.

246.081  License, certificate of exemption, or authorization required; exceptions.

246.084  Authorization.

246.085  Certificate of exemption.

246.087  Licensing requirements.

246.091  License period and renewal.

246.093  Permission to operate.

246.095  Fair consumer practices; condition of operation.

246.101  Fees.

246.111  Denial, probation, or revocation of license or certificate of exemption.

246.121  Designation "college" or "university".

246.131  Injunctive relief.

246.141  License not to be considered accreditation.

246.151  Penalties.

246.201  Legislative intent.

246.203  Definitions; ss. 246.201-246.231.

246.205  State Board of Nonpublic Career Education.

246.207  Powers and duties of board.

246.211  Expenditures.

246.213  Power of State Board of Education.

246.215  License required.

246.216  Exemption from licensure.

246.217  License period and renewals.

246.219  License fees.

246.220  Surety bonds or insurance.

246.222  School administrator training.

246.2235  School closings.

246.225  No tax exemptions.

246.226  Disciplinary proceedings.

246.2265  Additional regulatory powers while disciplinary proceedings are pending; cease and desist orders.

246.227  Injunctive relief; unlicensed operation of a school; cease and desist notice; civil penalty.

246.228  Grounds for disciplinary action; action by the board.

246.229  Enforcement.

246.231  Penalties.

246.232  Hazing policy.

246.31  Institutional Assessment Trust Fund.

246.50  Certified Teacher-Aide Welfare Transition Program; participation by independent postsecondary schools.

¹246.011  Purpose.--

(1)  The Legislature encourages privately supported higher education and intends to aid in protecting the integrity of degrees conferred by privately supported colleges. Sections 246.011-246.151 are intended to aid in protecting the health, education, and welfare of persons who receive educational services and degrees from nonpublic colleges in this state; to aid in protecting employers and others who depend upon people whose educational credentials are from nonpublic colleges in this state; and to aid in protecting nonpublic colleges that currently operate or intend to begin operating in this state. The Legislature finds that both individuals and colleges benefit from a state system that assures that all nonpublic colleges satisfactorily meet minimum educational standards. The Legislature further recognizes the role of regional accrediting associations in setting standards for colleges and universities and encourages the use of the standards of regional accrediting associations as general guidelines for the licensing of nonpublic colleges.

(2)  The Legislature recognizes that a degree serves several purposes. Employers rely upon a person's degree in judging that individual's qualifications for employment. Educators rely upon a person's degree to assess the adequacy of that individual's preparation for the pursuit of further education. Therefore, the Legislature intends that the provisions of ss. 246.011-246.151 aid in protecting the integrity of degrees offered by nonpublic colleges by providing for the evaluation of minimum educational requirements.

(3)  It is the intent of the Legislature that a nonpublic college which offers both degrees and vocational certificates or diplomas shall be subject to the rules of the State Board of Independent Colleges and Universities as provided by ss. 246.011-246.151 and the State Board of Nonpublic Career Education as provided by ss. 246.201-246.231.

(4)  It is the intent of the Legislature to prohibit the granting of false or misleading educational credentials and to prohibit misleading literature, advertising, solicitation, or representations by nonpublic colleges or their agents.

History.--s. 1, ch. 71-128; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 6, 10, 16, ch. 79-385; s. 7, ch. 80-378; ss. 2, 3, ch. 81-318; ss. 2, 23, 24, ch. 82-203; s. 1, ch. 89-344; ss. 1, 19, 20, ch. 92-321; s. 28, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.013  Participation in the common course designation and numbering system.--

(1)  Nonpublic colleges and schools that have been issued a regular license pursuant to s. 246.081(2), or nonpublic postsecondary colleges that are exempt from state licensure pursuant to s. 246.085(1)(a) and that are fully accredited by a regional or national accrediting agency recognized by the United States Department of Education, may participate in the common course designation and numbering system pursuant to s. 229.551. Participating colleges and schools shall bear the costs associated with inclusion in the system and shall meet the terms and conditions for institutional participation in the system. The department shall adopt a fee schedule that includes the expenses incurred through data processing, faculty task force travel and per diem, and staff and clerical support time. Such fee schedule may differentiate between the costs associated with initial course inclusion in the system and costs associated with subsequent course maintenance in the system. Decisions regarding initial course inclusion and subsequent course maintenance must be made within 360 days after submission of the required materials and fees by the institution. The Department of Education may select a date by which colleges must submit requests for new courses to be included, and may delay review of courses submitted after that date until the next year's cycle. Any college that currently participates in the system, and that participated in the system prior to July 1, 1986, shall not be required to pay the costs associated with initial course inclusion in the system. Fees collected for participation in the common course designation and numbering system pursuant to the provisions of this section shall be deposited in the Institutional Assessment Trust Fund created by s. 246.31. Any nonpublic, nonprofit college or university that is eligible to participate in the common course designation and numbering system shall not be required to pay the costs associated with participation in the system.

(2)  No college or school shall record student transcripts or document courses offered by the college or school in accordance with this section unless the college or school is actually participating in the system pursuant to rules of the State Board of Education. Any college or school deemed to be in violation of this section shall be subject to the provisions of s. 246.111 or s. 246.228.

History.--s. 23, ch. 86-145; s. 19, ch. 87-212; s. 4, ch. 87-248; s. 2, ch. 89-344; ss. 2, 20, ch. 92-321; s. 33, ch. 94-230; s. 18, ch. 94-310; s. 19, ch. 98-58; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.021  Definitions; ss. 246.011-246.151.--As used in ss. 246.011-246.151, unless the context otherwise requires:

(1)  "Agent" means a person who is employed by a college that is subject to the licensing requirements provided in ss. 246.081, 246.091, and 246.095, or an out-of-state college, and who solicits business for the college at any place other than the legal place of business of the college. The term does not include an entertainer at a public event whose objective is to improve public relations for a college, if the entertainer does not accept the commitment of prospective students to attend the college.

(2)  "Board" means the State Board of Independent Colleges and Universities.

(3)  "Certificate of exemption" means a document issued by the board to a nonpublic college, signifying that the college has demonstrated that it meets the statutorily prescribed exemption criteria and is not required to participate in the board's licensing review process.

(4)  "College" means any educational entity which confers or offers to confer a degree or which furnishes or offers to furnish instruction leading toward, or prerequisite to, college credit or a degree beyond the secondary level. The term includes any nonpublic college chartered in this state and any Florida center or branch campus of an out-of-state college.

(5)  "Degree" means any credential awarded which is generally taken to signify satisfactory completion of the requirements of an academic, educational, or professional program of study beyond the level of a specialized associate degree or any honorary credential conferred for meritorious recognition.

(6)  "License" means a regular license, provisional license, or temporary license, as provided by rule.

(7)  "Out-of-state college" or "college outside the state" means any college where the place of instruction, the legal place of residence, or the place of evaluation of instruction or work by correspondence is not within the legal boundaries of this state.

History.--s. 2, ch. 71-128; s. 1, ch. 72-203; s. 70, ch. 72-221; s. 1, ch. 73-91; s. 1, ch. 73-252; s. 1, ch. 73-294; s. 1, ch. 76-43; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 7, 10, 16, ch. 79-385; s. 7, ch. 80-378; ss. 2, 3, ch. 81-318; ss. 3, 23, 24, ch. 82-203; s. 28, ch. 83-325; s. 24, ch. 86-145; s. 3, ch. 89-344; ss. 3, 19, 20, ch. 92-321; s. 4, ch. 97-218; s. 6, ch. 98-309; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.031  State Board of Independent Colleges and Universities.--

(1)  There shall be established in the Department of Education a State Board of Independent Colleges and Universities. The department shall serve as the administrative agent of the board by providing services, including payroll, procurement, and legal counsel. The board shall exercise independently all duties prescribed by law.

(2)  The State Board of Independent Colleges and Universities shall consist of nine citizens who are residents of this state, a majority of whom represent nonpublic colleges and universities within the state. Members shall be selected from the state at large and shall be appointed by the Governor and confirmed by the Senate. To be consistent with an independent rulemaking board, members, except members appointed pursuant to paragraph (e), must be employees, consultants, board members, or trustees of a nonpublic college or university that is under the State Board of Independent Colleges and Universities. At least one member must be appointed from each of the following categories:

(a)  A college or university holding a certificate of exemption from licensure pursuant to s. 246.085(1)(a) and accredited by a regional accrediting agency.

(b)  A college or university holding a certificate of exemption from licensure pursuant to s. 246.085(1)(a) and accredited by a national accrediting agency.

(c)  A college or university licensed by the board pursuant to s. 246.087.

(d)  A college or university holding a certificate of exemption from licensure pursuant to s. 246.085(1)(b) or a college or university issued an authorization pursuant to s. 246.084.

(e)  Lay citizens of the state who derive no income from a nonpublic college or university.

Accreditation of an institution pursuant to the requirements of this subsection must be by a regional or national accrediting agency recognized by the United States Department of Education.

(3)  The terms of office for the members of the board shall be 3 years and until their successors are appointed and qualified. If a vacancy on the board occurs before the expiration of a term, the Governor shall appoint a successor to serve the unexpired term.

(4)  The board shall meet not less than four times in every fiscal year.

(5)  Members of the board are entitled to reimbursement for travel and per diem expenses, as provided in s. 112.061, while performing their duties.

(6)  Each board member is accountable to the Governor for the proper performance of the duties of his or her office. The Governor may remove from office any member for cause.

History.--s. 3, ch. 71-128; s. 70, ch. 72-221; s. 3, ch. 76-168; s. 3, ch. 77-85; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 1, 2, 3, ch. 81-65; ss. 2, 3, ch. 81-318; ss. 4, 23, 24, ch. 82-203; s. 25, ch. 86-145; s. 4, ch. 89-344; ss. 4, 19, 20, ch. 92-321; s. 89, ch. 95-148; s. 7, ch. 98-309; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.041  Powers and duties of board.--

(1)  The board shall:

(a)  Hold meetings as necessary to administer the provisions of ss. 246.011-246.151.

(b)  Select annually a chairperson and a vice chairperson.

(c)  Adopt and use an official seal in the authentication of its acts.

(d)  Make rules for its own governance.

(e)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it.

(f)  Authorize an individual, or a designated group of individuals, to represent one or more nonpublic colleges in appearances before the board on official matters if each college agrees formally to designate the individual or group of individuals to represent it.

(g)  Administer ss. 246.011-246.151.

(h)  Appoint, on the recommendation of its chairperson, executives, deputies, clerks, and employees of the board.

(i)  Maintain a record of its proceedings.

(j)  Cooperate with other state and federal agencies in administering the provisions of ss. 246.011-246.151.

(k)  Prepare an annual budget.

(l)  Transmit all fees, donations, or other receipts of money through the Department of Education to be deposited in the Institutional Assessment Trust Fund created by s. 246.31.

(m)  Transmit to the Governor, the Speaker of the House of Representatives, and the President of the Senate an annual report which shall include, but not be limited to:

1.  An accounting of all funds received and expended.

2.  The number of complaints received, the number of complaints investigated by the board, and the number of complaints forwarded to the appropriate accrediting agency for action, by college and type of complaint. The report shall include a summary of the actions taken by the accrediting agency following receipt of the complaint.

3.  The number of findings of probable cause.

4.  A description of disciplinary actions taken, by statutory classification.

5.  A description of all administrative hearings and court actions.

6.  A description of the board's major activities during the previous year.

(n)  Serve as a central agency for collecting and distributing current information regarding colleges licensed by the board and colleges granted a certificate of exemption by the board.

1.  The board shall annually collect information relating to the college administration, calendar system, admissions requirements, student costs and financial obligations, financial aid information, refund policy, placement services, degree programs, and off-campus academic programs. To the extent that such information is available in the institution's current catalog, a copy of the catalog accompanied by an index indicating where the information may be found shall be sufficient to demonstrate compliance with this provision. Financial information of a strictly proprietary, commercial nature is excluded from this requirement.

2.  The board shall annually collect information on students, faculty, and degrees awarded. To the extent that data submitted to the Federal Government for compilation into the Integrated Postsecondary Education Data System (IPEDS) provide the information required pursuant to this paragraph, submission to the board of copies of such reports shall be sufficient to demonstrate compliance with this provision.

3.  The board shall collect annually from each college a descriptive inventory of consumer practices including:

a.  A description of the college's policies and procedures regarding the recruitment and admission of students.

b.  The sources and kinds of student financial assistance available, and the specific manner by which students are informed of their responsibilities with respect to receiving assistance and repaying loans.

c.  The placement assistance provided by the college, including any claims concerning job placement rates.

d.  All advertising issued on behalf of the college, including copies of all published items.

e.  A copy of the college's refund policy. Such refund policy shall provide students with a minimum of 3 working days from the date a student signs an enrollment contract or financial agreement with a college for the student to cancel the contract and receive a full refund of any tuition or registration fees paid. This provision of the refund policy shall be prominently displayed on the contract form. The refund policy shall also provide for a full refund of tuition and registration fees paid by the student prior to the commencement of instruction if the student submits a written request to the institution within 3 working days of the payment.

f.  Evidence that the college has provided students with a clear and specific statement regarding the transferability of credits to and from other colleges.

To the extent that such information is available in the institution's current catalog, a copy of the catalog accompanied by an index indicating where the information may be found shall be sufficient to demonstrate compliance with this provision.

4.  The board shall annually provide to each college the format, definitions, and instructions for submitting the required information.

5.  Each college shall include with the information submitted a letter of certification, signed by its chief administrative officer, affirming that the information submitted is accurate, that the policies reported are provided in writing to all prospective students at least 1 week prior to enrollment or collection of tuition fees, and that the college observes the policies and practices as reported to the board.

6.  The board shall include a summary of the information collected in the annual report to the Governor, the Speaker of the House of Representatives, and the President of the Senate. This information may also be used by the Department of Education for such purposes as statewide master planning, state financial aid programs, and publishing directories; by the Legislature; and to respond to consumer inquiries received by the board.

7.  If a college fails to provide the information required by the board under this paragraph, the board may impose a fine for every month the information is not made available. Repeated failure to supply the information required by this paragraph or to pay the fines imposed by the board may result in the revocation of the license or certificate of exemption. The board shall adopt rules for these actions.

(o)  Advise nonpublic colleges of policies adopted by the Legislature and of their responsibility to follow such policies.

(p)  Forward complaints against colleges which hold a certificate of exemption by virtue of accreditation to the college and appropriate accrediting agency for action. The board shall request that the college and accrediting agency inform the board of any and all actions taken in response to the complaint.

(q)  To ensure comparability with licensure standards, review at least biennially the accreditation standards of agencies listed in s. 246.085(1)(a), and upon request and payment of an initial review fee, other accrediting agencies recognized by the United States Department of Education.

(r)  Provide information and documentation on an annual basis to the Office of Student Financial Assistance of the Department of Education regarding the requirements set forth for nonpublic colleges in s. 240.605, relating to William L. Boyd, IV, Florida resident access grants, and s. 240.609, relating to Florida postsecondary endowment grants.

(s)  Cooperate with the Board of Regents and the Department of Education, pursuant to s. 240.53, in establishing one or more approved postdoctoral training programs to train currently employed college or university faculty to deliver postsecondary courses, inservice training programs, and technical assistance related to middle childhood education programs.

(t)  Provide annually to the Office of Student Financial Assistance of the Department of Education information and documentation which can be used in determining a college's eligibility to participate in state student financial assistance programs.

(u)  Coordinate and convey annual reports to the Commissioner of Education relating to campus crime statistics for nonpublic colleges, pursuant to s. 240.2683, and on the assessment of physical plant safety, pursuant to s. 240.2684.

(v)  Appoint two representatives to the board of directors of the Florida Education Fund, pursuant to s. 240.498.

(w)  Affirm, on an annual basis, that all nonpublic colleges whose students are eligible to receive state student financial assistance have adopted and implemented a written antihazing policy, pursuant to s. 240.1325.

(2)  The board may:

(a)  Sue or be sued.

(b)  Enter into contracts with the Federal Government, with other departments of the state, or with individuals.

(c)  Receive bequests and gifts, subject to any restrictions upon which the board and the donor agree.

(d)  Appoint standing committees to assist it in developing rules; in determining the qualifications required of a college endeavor; in evaluating applications for temporary, provisional, or regular licensure, certificates of exemption, or requests for authorization; in evaluating reports submitted by colleges; or in legislative or other matters. Special committees may be appointed to advise the board or to conduct onsite evaluation visits at colleges.

(e)  Advise the Governor, the Legislature, the State Board of Education, the Postsecondary Education Planning Commission, and the Commissioner of Education on issues relating to private postsecondary education.

(f)  Delegate to the chairperson of the board the responsibility for signing final orders.

(g)  Following evaluation by the board, recommend to the Legislature any changes to the accrediting associations included in s. 246.085(1)(a). Accrediting associations included in s. 246.085(1)(a) shall be United States Department of Education recognized accrediting associations whose standards are comparable with state licensing standards.

(h)  Assist nonpublic colleges in formulating articulation agreements with public colleges and universities.

History.--s. 4, ch. 71-128; s. 4, ch. 72-203; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 6, 16, ch. 79-385; ss. 2, 3, ch. 81-318; ss. 5, 23, 24, ch. 82-203; s. 5, ch. 87-248; s. 5, ch. 89-344; ss. 60, 74, ch. 91-105; ss. 5, 19, 20, ch. 92-321; s. 2, ch. 93-98; s. 34, ch. 94-230; s. 19, ch. 94-310; s. 20, ch. 95-392; s. 39, ch. 98-200; s. 8, ch. 98-309; s. 29, ch. 99-13; s. 12, ch. 2000-240; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.051  Administration by board.--The provisions of ss. 246.011-246.151 shall be administered by the board which in connection therewith has the power:

(1)  To adopt rules pursuant to ss. 120.536(1) and 120.54 to implement ss. 246.011-246.151;

(2)  To execute such rules as shall be adopted for the operation and establishment of nonpublic colleges; and

(3)  To expend funds as necessary to assist in the enforcement of ss. 246.011-246.151.

History.--s. 5, ch. 71-128; s. 2, ch. 73-294; s. 2, ch. 76-43; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 23, 24, ch. 82-203; s. 6, ch. 87-248; s. 6, ch. 89-344; ss. 19, 20, ch. 92-321; s. 40, ch. 98-200; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.061  Expenditures.--The Treasurer shall pay out all moneys and funds provided for in ss. 246.011-246.151 upon proper warrant issued by the Comptroller, drawn upon vouchers approved by the Department of Education for all lawful purposes necessary to the administration of ss. 246.011-246.151. The board shall make annual reports to the Governor showing in detail amounts received and all expenditures. All fees, donations, or other receipts of money by the board shall be paid into the Institutional Assessment Trust Fund created by s. 246.31, and the funds appropriated for the purposes of ss. 246.011-246.151 shall be from the Institutional Assessment Trust Fund and other state fund sources as appropriate, based on an appropriate budget approved by the board and submitted to the Legislature through the Governor in accordance with chapter 216. The board shall include in its annual report to the Governor a statement of major activities during the period covered by such report.

History.--s. 6, ch. 71-128; s. 5, ch. 72-203; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 7, 23, 24, ch. 82-203; s. 75, ch. 91-105; ss. 19, 20, ch. 92-321; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.071  Rules of State Board of Independent Colleges and Universities.--The State Board of Independent Colleges and Universities has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement ss. 246.011-246.151. Such rules shall be submitted to the State Board of Education for approval or disapproval. If any rule is not disapproved by the State Board of Education within 60 days after its receipt by the State Board of Education, the rule shall be filed immediately with the Department of State.

History.--s. 7, ch. 71-128; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 8, 23, 24, ch. 82-203; s. 7, ch. 87-248; ss. 19, 20, ch. 92-321; s. 41, ch. 98-200; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.081  License, certificate of exemption, or authorization required; exceptions.--

(1)  The following colleges are not under the jurisdiction of the board and are not required to obtain a license, a certificate of exemption, permission to operate, or an authorization from the board:

(a)  Any college provided, operated, and supported by the State of Florida or its political subdivisions or the Federal Government.

(b)  Any college, school, or course licensed or approved for establishment and operation under part I of chapter 464, chapter 466, or chapter 475, or any other chapter of the Florida Statutes, requiring licensing or approval as defined in ss. 246.011-246.151.

(2)  No nonpublic college shall continue operation or be established within the state, and no students of foreign medical schools shall engage in clinical clerkships of Florida, unless such college shall apply for, and obtain from the board, a license, a certificate of exemption, permission to operate, or authorization in the manner and form prescribed by the board. Upon receipt of approved articles of incorporation from the Department of State that purport to be for a college as defined in s. 246.021, the newly formed corporation shall, within 60 days after such approval, make an application to the board for a license, a certificate of exemption, or other authorization as required by law. The approval of articles of incorporation by the Department of State shall not be deemed to be an approval to engage in the operation of an institution of higher learning. Such institution shall not advertise or operate until a license, certificate of exemption, permission to operate, or authorization has been obtained from the board. When articles of incorporation are issued to an institution of higher learning, the Department of State shall immediately furnish a copy of the articles of incorporation to the board.

(3)  No nonpublic college shall continue to conduct or begin to conduct any diploma program, as defined in s. 246.203, unless the college applies for and obtains from the State Board of Nonpublic Career Education a license or authorization for such diploma program in the manner and form prescribed by the State Board of Nonpublic Career Education.

(4)  An agent shall not solicit prospective students in this state for enrollment in any nonpublic college subject to the provisions of subsection (2) or in any out-of-state college unless such agent has received a license in the manner prescribed by the board. An agent shall not be compensated by commissions or bonuses based upon the number of students recruited.

(5)  A nonpublic college or any person acting on behalf of such college shall not publish any advertisement soliciting students or offering a diploma or degree while such college is under an injunction against operating, soliciting students, or offering a diploma or degree.

(6)  A student of a foreign medical school may not engage in a clinical clerkship in this state unless the foreign medical school has received a license, in the case of a core clerkship or an ongoing regular program of clerkships, or has received individual approval, in the case of an occasional elective clerkship. The board has authority to adopt rules to administer this subsection.

History.--s. 8, ch. 71-128; s. 3, ch. 73-294; s. 3, ch. 76-168; s. 1, ch. 77-426; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 9, 23, 24, ch. 82-203; s. 26, ch. 86-145; s. 7, ch. 89-344; ss. 6, 19, 20, ch. 92-321; s. 1, ch. 97-218; s. 1, ch. 98-169; s. 29, ch. 98-421; s. 87, ch. 2000-318; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.084  Authorization.--

(1)  A nonpublic college shall not be required to apply for a license upon compliance with this section and submission of data required by this section provided that none of the students of such college who are enrolled in Florida receive state or federal financial aid for education.

(a)  Colleges receiving authorization under this section may only offer educational programs that prepare students for religious vocations as ministers, professionals, or laypersons in the following categories: ministry, counseling, theology, education, administration, music, fine arts, media communications, and social work.

(b)  The religious vocation must predominantly appear on the face of the degree and on the college's transcript.

(c)  The titles of degrees issued by the college must include a religious modifier which must immediately precede, or be included within, any of the following titles: Associate in Arts, Associate in Science, Bachelor of Arts, Bachelor of Science, Master of Arts, Master of Science, and Doctor of Philosophy. The religious modifier must be placed on the title line of the degree.

(d)  For purposes of this section, one semester credit hour of study is 15 academic hours or its equivalent. The following minimum credit hours are required for awarding the following degrees:

1.  Associate degree, with no fewer than 60 semester hours or the equivalent.

2.  Bachelor's degree, with no fewer than 120 semester hours or the equivalent.

3.  Master's degree, with no fewer than 24 semester hours, or the equivalent, beyond the bachelor's degree.

4.  Doctoral degree, with no fewer than 60 semester hours, or the equivalent, beyond the bachelor's degree.

(e)  The following data must be submitted annually to the board: college name, address, telephone number, and accreditation, if any; denomination, church, or religious affiliation; list of all degree titles with their religious vocation major; and a current copy of the college's catalog and consumer practice information listed in paragraph (f).

(f)  The board shall collect annually from each college authorized pursuant to this section the following descriptive inventory of consumer practices:

1.  A description of the college's policies and procedures regarding the recruitment and admission of students.

2.  The sources and kinds of financial assistance available and the specific manner by which students are informed of their responsibilities with respect to receiving assistance and repaying loans.

3.  The placement assistance provided by the college, including any claims concerning job placement rates.

4.  Copies of all advertising published on behalf of the college during the previous year. If the college claims accreditation, it shall indicate whether or not that accreditation is approved by the United States Department of Education and if such accreditation is disclosed in all advertisements.

5.  A copy of the college's refund policy. The refund policy must provide students with a minimum of 3 working days from the date a student signs an enrollment contract or financial agreement with a college for the student to cancel the contract and receive a full refund of any tuition or registration fees paid. The refund policy must be prominently displayed on the contract form.

6.  Evidence that the college has provided its students with a clear and specific statement regarding the transferability of credits to and from other colleges, institutes, seminaries, and universities.

(g)  The college shall include with the data required by paragraphs (e) and (f), a sworn affidavit, signed by its chief administrative officer, affirming that the information submitted is accurate and no false data has knowingly and willingly been submitted, that the policies reported are provided in writing to all prospective students at least 1 week before enrollment or collection of tuition fees, that the college observes the policies and practices as reported to the board, and that it complies with this section.

(h)  The board shall set an annual review date for receiving data and assuring compliance with this section. The board shall give a college 60 days' notification of the annual review date. After providing 30 days' notification, the board may impose a fine for every month the college receiving authorization under this section fails to provide the data required by paragraphs (e) and (f). The postmark on the envelope or package containing the notification serves as the date of notification.

(i)  The following information must appear in the college's catalog or administrative bulletin: denomination, church, or religious affiliation; purpose or mission of the college; a list and description of all courses of study; a list of course descriptions; a list of all faculty members with their degrees; administrative officers and staff; all fees, charges, nonrefundable fees, and tuition; refund policies; transferability of credits to and from other colleges; accreditation, if any; whether or not the accrediting agency is recognized by the United States Department of Education; and the college's authorization status. A college receiving authorization under this section shall include the following statement in the purpose, mission, accreditation, or recognition statement in the catalog to clarify its statutory existence: "The degree programs of this college are designed solely for religious vocations."

(j)  The name of the college shall include a religious modifier or the name of a religious patriarch, saint, person, or symbol of the church.

(2)  A nonpublic college shall be exempt from the requirements of paragraphs (1)(b) and (c) if it complies with all other provisions of this section and with the minimum standards for licensure as provided for in rule. Verification of compliance with this section shall be accomplished by one of the following methods:

(a)  By submission to the board of a finding of compliance by a group of individuals forming an education association pursuant to the following requirements:

1.  Members of the association are citizens of the State of Florida.

2.  The association is based in, and operates in, the State of Florida.

3.  Members designated by the association shall receive training from the board staff, including participating in the evaluation of a minimum of two licensure cycles from initial application through regular licensure, complete with site visits and related board meetings. The association shall pay its members' expenses for training. Association members shall be exempt from these training requirements if the board determines that they have experience reviewing institutions with standards as rigorous as the board's minimum standards for licensure.

4.  No more than two members of the review team shall derive income from the same nonpublic postsecondary collegiate institution or nonpublic postsecondary education association.

5.  No member of the review team shall derive income from the institution being reviewed.

6.  At least three members of the review team must have a minimum of 3 years' experience in postsecondary collegiate administration and have experience implementing standards as rigorous as the board's minimum standards for licensure.

For each nonpublic college reviewed by the association, the association shall submit to the board a copy of all data required by statute and rule related to minimum standards for licensure. Such data shall be submitted at least 30 days prior to the college's annual review date assigned by the board.

(b)  By submission to the board of evidence of accreditation by a regional or national accrediting agency that is recognized by the United States Department of Education.

(c)  By a finding of compliance by the board.

(3)  The board shall enter into an agreement with a group of individuals forming an education association to oversee the review and collection of the data submitted pursuant to this section. However, nonpublic colleges and universities subject to this section may choose at any time to be under the State Board of Independent Colleges and Universities for review and collection of data. The association authorized by the board shall meet the following qualifications:

(a)  Members of the association must be citizens of the State of Florida.

(b)  The association shall be based in, and operate in, the State of Florida.

(c)  Members designated by the association shall receive training from the board staff, including participating in the evaluation of a minimum of two authorization applications, complete with site visits and related board meetings. The association shall pay its members' expenses for training. Association members shall be exempt from these training requirements if the board determines that they have experience reviewing institutions with standards as rigorous as the board's minimum standards for authorization.

(d)  No more than two members of the review team shall derive income from the same nonpublic postsecondary collegiate institution or nonpublic postsecondary education association.

(e)  No member of the review team shall derive income from the institution being reviewed.

(f)  At least three members of the review team must have a minimum of 3 years' experience in postsecondary collegiate administration and have experience implementing standards as rigorous as the board's minimum standards for authorization.

For each nonpublic college reviewed by the association, the association shall submit to the board a copy of all data required by statute related to standards for authorization. Such data shall be submitted at least 30 days prior to the college's annual review date assigned by the board.

(4)  The burden of determining compliance with this section shall rest with the board. The board may require further evidence and make such further investigation, in addition to the information submitted, as may be reasonably necessary in the board's judgment.

(5)  If the board determines that a college meets the requirements of this section, the board shall issue the college an authorization.

(6)  If at any time a college receiving authorization under this section fails to comply with this section, it shall be required to apply for a license pursuant to s. 246.081 within 30 days of the board's final action finding that the college is not authorized under this section. Final actions by the board may be taken only after two consecutive quarterly meetings. A notice of noncompliance with the specific requirements of this section shall precede the two quarterly meetings. A final noncompliance notification shall be sent by certified mail 30 days prior to the final action.

History.--s. 2, ch. 97-218; s. 9, ch. 98-309; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.085  Certificate of exemption.--

(1)  As an alternative to applying for a license from the board, the following nonpublic colleges may apply for a certificate of exemption from the board:

(a)  Colleges chartered in Florida and accredited by:

1.  The Commission on Colleges of the Southern Association of Colleges and Schools;

2.  The Accrediting Council for Independent Colleges and Schools;

3.  The Accrediting Association of Bible Colleges;

4.  The Transnational Association of Christian Colleges and Schools; or

5.  An agency recognized by the United States Department of Education to accredit professional degree programs above the baccalaureate level when such agency has been evaluated pursuant to s. 246.041(1)(q) and determined by the board to have standards at least comparable to the board's licensure standards. A nonpublic college holding a certificate of exemption under this subparagraph shall only offer the degree program which is specifically covered in the grant of accreditation.

Each nonpublic college seeking exemption pursuant to this paragraph shall submit to the board a current catalog and a letter from the recognized accrediting agency by whom the college is accredited, confirming the current accredited status of the college.

(b)  Colleges chartered in this state, the credits or degrees of which are accepted for credit by at least three colleges that are fully accredited by an agency recognized by the United States Department of Education, which were exempt through this category of exemption prior to July 1, 1982, and which enroll no students who receive any state or federal financial aid for education. Each college seeking exemption pursuant to this paragraph shall submit to the board a current catalog and letters from the three colleges confirming acceptance of the credits.

(2)  If the board determines that a nonpublic college meets the requirements of subsection (1), the board shall present the college with a certificate of exemption. Colleges which receive a certificate of exemption from the board are not required to apply for a license from the board.

(3)  Any college which holds a certificate of exemption and which conducts any diploma program, as defined in s. 246.203, shall be subject to licensure of such diploma program by the State Board of Nonpublic Career Education.

(4)  Each certificate of exemption issued by the board shall be subject to an annual review by the board to determine if the college remains eligible for the exemption. Colleges which have applied for and received exemption under this section may remain in compliance for exemption by annually submitting evidence that the college remains in compliance with the provisions of subsection (1), the information required by s. 246.041(1)(n), and a current catalog. The burden of determining compliance shall rest with the board, and the board may make such further investigation and may require further evidence, in addition to the information submitted, as may be necessary in its judgment. The board has authority to adopt rules for issuing and annually reviewing certificates of exemption.

(5)  Exemption applied for by any nonpublic college or granted by the board to any nonpublic college pursuant to subsection (1) may be denied, placed on probation, or revoked for repeated failure to comply with the provisions of ss. 246.011-246.151. The board shall adopt rules for these actions. Revocation or denial of exemption shall immediately bring the college under the requirements for licensure.

History.--ss. 10, 24, ch. 82-203; s. 120, ch. 83-217; s. 3, ch. 87-248; s. 8, ch. 89-344; ss. 8, 19, 20, ch. 92-321; s. 20, ch. 94-310; s. 21, ch. 95-392; s. 2, ch. 98-169; s. 10, ch. 98-309; s. 30, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.087  Licensing requirements.--

(1)  The minimum standards to be evaluated by the board for the licensing of colleges shall include purpose, administrative organization, admissions and recruitment, educational program and curricula, finances, faculty, library, student personnel services, physical plant and facilities, publications, and disclosure statements about the status of the college in relation to professional certification and licensure. The board has authority to adopt rules to ensure that licensed colleges meet these standards in ways that are appropriate to achieve the stated intent of s. 246.011, including provisions for nontraditional programs and delivery.

(2)  The minimum standards for the licensing of agents shall include name, residential and business addresses, background, training, college to be represented, and demonstrated knowledge of statutes and rules related to the authority granted to agents and the limitations imposed upon such authority. An employee of a nonpublic college may not solicit prospective students for enrollment in such college until that employee has completed a training program containing the information required by the board in rule and becomes licensed by the board as an agent. The board has authority to adopt rules to ensure that licensed agents meet these standards and uphold the intent of s. 246.011.

History.--ss. 11, 24, ch. 82-203; s. 9, ch. 89-344; ss. 19, 20, ch. 92-321; s. 3, ch. 98-169; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.091  License period and renewal.--

(1)  Each license issued by the board shall be subject to an annual review and renewal by the board to determine if the licensee is in compliance with ss. 246.011-246.151. A college affected under this act may be granted a temporary or provisional license. Nothing in ss. 246.011-246.151 shall prevent the extension of such a temporary or provisional license provided a good faith effort has been made by the college and agent. The burden of determining compliance or a good faith effort rests with the board, and the board has authority to adopt rules to administer this section.

(2)  A licensed college that seeks to expand its degrees to be conferred or to add new branches or other locations shall file a supplementary application. The board shall promulgate standards for the approval of additional degrees and locations.

(3)  A licensed college shall notify the board at least 30 days prior to a change of ownership or control. If the board determines that the anticipated effects of the change are substantive enough that the practical result is to transform the licensed institution into a different college entity, a new application for licensure is required for the same level of licensure currently held by the college. During the time that the new application is being prepared, submitted, and evaluated, the board shall not interrupt the progress of currently enrolled students solely because of the change of ownership or control. The board has authority to adopt rules governing changes of ownership or control.

(4)  A licensed college which seeks to conduct any diploma program, as defined in s. 246.203, shall apply to the State Board of Nonpublic Career Education for licensure for such program.

(5)  A licensed college, prior to the discontinuance of operation, shall have the duty to convey all student records to the board or to another location designated by the board. At least 60 days prior to closing, the college shall notify the board of the intention to close and shall submit a plan for the orderly transfer of students and records. At the same time, students shall be informed by the college of the plan to close and of their options for continuing their programs elsewhere and for the storage of their records. The board has authority to adopt rules for the orderly closure of colleges.

History.--s. 9, ch. 71-128; s. 4, ch. 73-294; s. 3, ch. 76-43; s. 3, ch. 76-168; s. 3, ch. 77-426; s. 1, ch. 77-457; ss. 8, 10, 16, ch. 79-385; s. 7, ch. 80-378; ss. 2, 3, ch. 81-318; ss. 12, 23, 24, ch. 82-203; s. 27, ch. 86-145; s. 10, ch. 89-344; ss. 19, 20, ch. 92-321; s. 4, ch. 98-169; s. 31, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.093  Permission to operate.--

(1)  An out-of-state college seeking to have a minimal presence in this state for the purpose of maintaining a business office, providing an occasional seminar that carries college credit, or arranging an occasional clinical clerkship for a medical student or for the purpose of other operations not involving a regular, continuous, credit-bearing educational program in this state must apply to the board for permission to operate. The board has authority to adopt rules and fees for this status.

(2)  Permission to operate shall be granted for a specific period of time not to exceed 1 year, and shall be limited to the activities approved by the board at the time of application. A new application for permission to operate is required for additional or different activities or additional periods of time.

(3)  Colleges granted permission to operate must disclose to prospective students the status; the limited meaning of the status; and the name, address, and telephone number of the board for further information about the college or program and must provide the board with copies of this disclosure. Colleges granted permission to operate must adhere to applicable fair consumer practices, to be determined by the board as appropriate in each case to protect consumers in this state.

(4)  Permission to operate is subject to denial, probation, or revocation for cause under s. 246.111.

History.--s. 5, ch. 98-169; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.095  Fair consumer practices; condition of operation.--

(1)  Every college which is either licensed by the board or has been granted a certificate of exemption by the board and which either directly or indirectly solicits for enrollment any student shall disclose to each prospective student a statement of the purpose of such college, its educational programs and curricula, a description of its physical facilities, its status regarding licensure, its fee schedule and policies about retaining student fees if a student withdraws, and a statement regarding the transferability of credits to and from other colleges. In addition, colleges which are required to be licensed by the board shall disclose to prospective students that additional information regarding the college may be obtained by contacting the State Board of Independent Colleges and Universities, Department of Education, Tallahassee. The college 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.

(2)  In order to ensure fair and equitable conduct of business and academic relations between colleges and their students or potential students, each college shall demonstrate to the board, as specified in board rules:

(a)  That it uses 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;

(b)  That it informs each student accurately about financial assistance and obligations for repayment of loans; that it accurately describes any employment placement services provided and the limitations thereof; and that it does not promise or imply guaranteed placement, market availability, or salary amounts;

(c)  That it provides 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;

(d)  That all advertisements are accurate and not misleading;

(e)  That it publishes and follows an equitable prorated refund policy for all students, and that it follows both the federal refund guidelines for students receiving federal financial assistance and the minimum refund guidelines set by board rule;

(f)  That it follows the requirements of ss. 240.2683 and 240.2684 and federal laws that require annual reporting with respect to crime statistics and physical plant safety and make those reports available to the public; and

(g)  That it publishes and follows procedures for handling student complaints, disciplinary actions, and appeals.

(3)  A license or certificate of exemption shall not be granted or renewed by the board unless the college seeking the action provides the board with a sworn statement of compliance with this section. The board shall prescribe the manner and form of the statement.

(4)  The board may examine any complaint of nondisclosure to prospective students of colleges under the jurisdiction of the board, and, if the college is found to be routinely handling these matters correctly, the complaint shall be disregarded. Complaints of nondisclosure against accredited colleges shall be forwarded by the board to the college and appropriate accrediting agency with a request that the board be advised of any and all actions taken in response to the complaint.

(5)  Refusal to comply with this section is cause for denial or revocation of a license or a certificate of exemption under s. 246.111.

History.--s. 4, ch. 76-43; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 9, 10, 16, ch. 79-385; s. 7, ch. 80-378; ss. 2, 3, ch. 81-318; ss. 13, 23, 24, ch. 82-203; s. 11, ch. 89-344; ss. 9, 19, 20, ch. 92-321; s. 6, ch. 98-169; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.101  Fees.--

(1)  The State Board of Independent Colleges and Universities shall annually establish a fee schedule to generate, from fees, the amount of revenue appropriated for the operation of the board.

(2)  Beginning with the 1993-1994 fiscal year, the board shall include, as a part of its legislative budget request, a proposed fee schedule to generate the appropriated fee revenue required in the appropriations act. The board may adjust the amount of a college's fee as necessary to generate the fee revenue required in the appropriations act. However, the board may not add any category of fee that was not included in the legislative budget request. In the absence of legislative action to the contrary, the proposed fee schedule shall go into effect as proposed in the board's legislative budget request.

(3)  The cost of routine services of the board, such as data collection and dissemination, shall be supported through a base fee. Nonpublic colleges operating pursuant to s. 246.084 are not required to pay the base fee. The base fee applies to all other nonpublic colleges. The board may adjust the fee based on the enrollment of the college. However, the fee assessed to the largest college may not exceed one-half of 1 percent of the amount appropriated for the board or $1,500, whichever is less. The fee assessed to the largest college may not exceed three times the amount of the fee assessed to the smallest college.

(4)  The board shall assess fees to defray the cost of workload for board activities that are specific to certain colleges. Such workload activities must relate to:

(a)  Licensure.

(b)  Annual reviews.

(c)  Special reviews.

(d)  Site visits.

(e)  Resolution of complaints for violation of fair consumer practices.

(f)  Approval to operate in Florida without offering educational programs.

(g)  Approval to use the term "college" or "university."

(h)  Review and collection of data submitted pursuant to s. 246.084 when the review and collection is performed by the board.

(i)  Other workload activities as approved by the Legislature.

(5)  The board may assess any college late fees for failure to timely submit required materials.

(6)  If the board collects fee revenues of more than 120 percent of the appropriated fee revenue requirements for the fiscal year, the board shall use the collections in excess of 120 percent to provide a credit against the base fee assessed to all renewing institutions for the following year. The credit shall be prorated on the base fee payments by colleges for the prior year, exclusive of any related fee.

(7)  All fees shall be submitted through the Department of Education to the Treasurer, to be deposited in the Institutional Assessment Trust Fund created by s. 246.31.

(8)  All fees authorized to be collected are considered to be administrative fees and shall not be refundable.

History.--s. 10, ch. 71-128; s. 6, ch. 72-203; s. 3, ch. 76-168; s. 2, ch. 77-426; s. 1, ch. 77-457; s. 112, ch. 79-400; ss. 2, 3, ch. 81-318; ss. 14, 23, 24, ch. 82-203; s. 12, ch. 89-344; s. 76, ch. 91-105; ss. 10, 19, 20, ch. 92-321; s. 3, ch. 97-218; s. 11, ch. 98-309; s. 37, ch. 2000-158; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.111  Denial, probation, or revocation of license or certificate of exemption.--

(1)  Any temporary license, provisional license, or regular license, agent's license, certificate of exemption, or other authorization required under the provisions of ss. 246.011-246.151 may be denied, placed on probation, or revoked by the board. A college which has its certificate of exemption revoked shall become subject to the licensing provisions of the board. The board shall promulgate rules for these actions. Placement of a college on probation for a period of time and subject to such conditions as the board may specify may also carry the imposition of an administrative fine not to exceed $5,000. Such fine shall be deposited into the Institutional Assessment Trust Fund. Disciplinary action undertaken pursuant to this section against a college that is also licensed by the State Board of Nonpublic Career Education shall prompt disciplinary proceedings pursuant to s. 246.226.

(2)  By December 1, 1992, the board shall adopt rules for taking action against any college that does not fully comply with the fair consumer practices required by s. 246.095.

History.--s. 11, ch. 71-128; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 13, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 15, 23, 24, ch. 82-203; s. 28, ch. 86-145; s. 13, ch. 89-344; ss. 11, 19, 20, ch. 92-321; s. 32, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.121  Designation "college" or "university".--

(1)  The use of the title "college" or "university" in combination with any series of letters, numbers, or words is restricted in this state to colleges as defined in s. 246.021 which offer degrees as defined in s. 246.021 and fall into at least one of the following categories:

(a)  A Florida public college.

(b)  A Florida or out-of-state college which has been in active operation and using the name since April 1, 1970.

(c)  A college for which the board has issued a license, a certificate of exemption, or an authorization pursuant to the provisions of this chapter.

(2)  If a college is approved under subsection (1) to use the designation "college" or "university," a branch or extension of that college may use the name of the parent college, but shall include an indication of the location of the branch or extension.

(3)  Any entity offering postsecondary educational courses or programs of study in Florida, whether or not college credit is awarded, shall be subject to the provisions of this section.

(4)  An entity shall not use the term "college" or "university" in its name in Florida without approval by the board, unless the board determines that its name is clearly and accurately descriptive of the services provided by the entity and is not one that may mislead the public.

History.--s. 12, ch. 71-128; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 16, 23, 24, ch. 82-203; s. 1, ch. 87-48; s. 14, ch. 89-344; ss. 12, 19, 20, ch. 92-321; s. 21, ch. 94-310; s. 12, ch. 98-309; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.131  Injunctive relief.--The board may obtain an injunction or take any action it deems necessary against any college or agent in violation of ss. 246.011-246.151, but no such proceedings, and no orders issued therein or as a result thereof, shall bar the imposition of any other penalties which may be imposed for the violation of ss. 246.011-246.151.

History.--s. 13, ch. 71-128; s. 2, ch. 72-203; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 19, 23, 24, ch. 82-203; ss. 19, 20, ch. 92-321; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.141  License not to be considered accreditation.--The granting of a license under ss. 246.011-246.151 shall not be considered an accreditation.

History.--s. 14, ch. 71-128; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 20, 23, 24, ch. 82-203; ss. 19, 20, ch. 92-321; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.151  Penalties.--Any person who violates any of the provisions of ss. 246.011-246.151 shall be punished as follows:

(1)  For the first conviction, he or she is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  For a second or any subsequent conviction, he or she is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 3, ch. 72-203; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 21, 23, 24, ch. 82-203; s. 121, ch. 83-217; ss. 19, 20, ch. 92-321; s. 90, ch. 95-148; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.201  Legislative intent.--

(1)  Sections 246.201-246.231 shall provide for the protection of the health, education, and welfare of the citizens of Florida and shall facilitate and promote the acquisition of a minimum satisfactory career education by all the citizens of this state. It shall be in the interest of, and essential to, the public health and welfare that the state create the means whereby all nonpublic postsecondary career schools as defined in s. 246.203(1) shall satisfactorily meet minimum educational standards and fair consumer practices.

(2)  A common practice in our society is to use diplomas and degrees for many purposes. Some of these purposes are: for employers to judge the qualifications of prospective employees; for public and nonpublic professional groups, vocational groups, educational agencies, governmental agencies, and educational institutions to determine the qualifications for admission to, and continuation of, educational goals, occupational goals, professional affiliations, or occupational affiliations; and for public and professional assessment of the extent of competency of individuals engaged in a wide range of activities within our society.

(3)  Because of the common use of diplomas and degrees, the minimum legal requirements provided by ss. 246.201-246.231 for the establishment and operation of nonpublic postsecondary career schools shall protect the individual student from deceptive, fraudulent, or substandard education; protect such schools; and protect the citizens of Florida holding diplomas or degrees.

History.--s. 1, ch. 74-360; s. 1, ch. 75-32; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 14, 15, ch. 86-275; s. 4, ch. 91-429; s. 14, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.203  Definitions; ss. 246.201-246.231.--As used in ss. 246.201-246.231, unless the context otherwise requires:

(1)  "School" means any nonpublic postsecondary noncollegiate career educational institution, association, corporation, person, partnership, or organization of any type that:

(a)  Offers to provide or provides any postsecondary program of instruction, course, or class through the student's personal attendance, in the presence of an instructor, in a classroom, clinical, or other practicum setting or through correspondence or other distance learning; and

(b)  Represents, directly or by implication, that the instruction will qualify the student for employment in any occupation whose practice in this state does not require a degree, as defined in s. 246.021(5); and

(c)  Receives remuneration from the student or any other source on the enrollment of a student or on the number of students enrolled; or

(d)  Offers to award or awards a diploma, as defined in subsection (6), regardless of whether or not it engages in the activities described in paragraph (a), paragraph (b), or paragraph (c).

(2)  "Business, management, trade, technical, or ²career education" means any instruction which prepares a person for employment in an occupation listed in the latest dictionary of occupational titles issued by the United States Department of Labor or declared by that department to be eligible for such listing or which is indicated by a school as leading to employment in an occupation.

(3)  "Out-of-state school" or "school outside the state" means any school for which the place of instruction or legal place of residence or the place of evaluation of instruction or work by correspondence is not within the legal boundaries of the state.

(4)  "Instruction" means the dissemination of knowledge or practice which signifies, purports to signify, or is generally taken to signify the preparation or education of a person generally or specifically for further understanding, study, skill, or training.

(5)  "Agent" means a person employed by or representing a school within or outside the state to procure Florida students, enrollees, or subscribers by solicitation in any form, made at a place or places other than the office or legal place of business of a school.

(6)  "Diploma" means a specialized associate degree, certificate, transcript, report, document, or title or designation, mark, appellation, or series of letters, numbers, or words which signifies, purports to signify, or is generally taken to signify satisfactory completion of the requirements of an educational, technical, or vocational program of study, training, or course except degrees as defined in s. 246.021.

(7)  "Board" means the State Board of Nonpublic Career Education.

(8)  "Governmental," refers to schools provided, operated, and supported by federal, state, or county governments or any of their political subdivisions.

(9)  "Accreditation" means accredited status awarded to a school by an accrediting agency which is recognized by the United States Department of Education.

History.--s. 2, ch. 74-360; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; s. 59, ch. 79-164; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 1, 14, 15, ch. 86-275; s. 16, ch. 89-344; s. 4, ch. 91-429; s. 1, ch. 93-170; s. 15, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--The term "career education" was substituted for the term "vocational education" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

¹246.205  State Board of Nonpublic Career Education.--

(1)  There shall be established in the Department of Education a State Board of Nonpublic Career Education. The board shall be assigned to the Department of Education only for the purpose of payroll, procurement, and related administrative functions which shall be exercised by the head of the department. The board shall independently exercise the other powers, duties, and functions prescribed by law. The board shall include nine members, appointed by the Governor as follows:

(a)  One from a business school;

(b)  One from a technical school;

(c)  One from a home study school;

(d)  One from a nonpublic school;

(e)  Four from business and industry; and

(f)  An administrator of vocational-technical education from a public school district or community college.

(2)  Each of the members shall be appointed by the Governor, subject to confirmation by the Senate, for a term of 3 years. Of the original members appointed by the Governor, three shall serve for terms of 1 year, three shall serve for terms of 2 years, and three shall serve for terms of 3 years. Of the appointive members from the nonpublic postsecondary career schools, each shall have occupied executive or managerial positions in a nonpublic postsecondary career school in this state for at least 5 years. All members shall be residents of this state. In the event of a vacancy on the board caused other than by the expiration of a term, the Governor shall appoint a successor to serve the unexpired term.

(3)  The board shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as may be prescribed by its rules.

(4)  Board members shall be paid travel and subsistence expenses as provided by law while performing their duties under this act.

(5)  Each board member is accountable to the Governor for the proper performance of the duties of his or her office. The Governor shall cause to be investigated any complaint or unfavorable report received concerning an action of the board or any member and shall take appropriate action thereon. The Governor may remove from office any member for malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or pleading guilty or nolo contendere to, or being found guilty of, a criminal offense.

History.--s. 3, ch. 74-360; s. 3, ch. 76-168; s. 4, ch. 77-85; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 1, 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 2, 14, 15, ch. 86-275; s. 17, ch. 89-344; s. 4, ch. 91-429; s. 91, ch. 95-148; s. 16, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.207  Powers and duties of board.--

(1)  The board shall:

(a)  Hold such meetings as are necessary to administer efficiently the provisions of ss. 246.201-246.231.

(b)  Select annually a chairperson and a vice chairperson.

(c)  Make rules for its own government.

(d)  Prescribe and recommend to the State Board of Education rules to implement ss. 246.201-246.231.

(e)  Administer ss. 246.201-246.231 and execute such rules adopted pursuant thereto by the State Board of Education for the establishment and operation of nonpublic postsecondary career schools as defined in s. 246.203(1).

(f)  Appoint, on the recommendation of its chairperson, executives, deputies, clerks, and employees of the board.

(g)  Maintain a record of its proceedings.

(h)  Cooperate with other state and federal agencies in administering ss. 246.201-246.231.

(i)  Prepare an annual budget.

(j)  Transmit all fees, donations, and other receipts of money to the Institutional Assessment Trust Fund.

(k)  Transmit to the Governor, the Speaker of the House of Representatives, the President of the Senate, the minority leader of the Senate, and the minority leader of the House of Representatives on July 1, 1987, and each succeeding year an annual report which shall include, but not be limited to:

1.  A detailed accounting of all funds received and expended.

2.  The number of complaints received and investigated, by type.

3.  The number of findings of probable cause.

4.  A description of disciplinary actions taken, by statutory classification.

5.  A description of all administrative hearings and court actions.

6.  A description of the board's major activities during the previous year.

(l)  Assure that no school that has met board requirements established by law or rule be made to operate without a current license due to scheduling of board meetings or application procedures for license renewal.

(m)  Cause to be investigated criminal justice information, as defined in s. 943.045, for each owner, administrator, and agent employed by a school applying for licensure or renewal of licensure.

(n)  Serve as a central agency for collection and distribution of current information regarding institutions licensed by the board.

1.  The data collected by the board shall include information relating to the school administration, calendar system, admissions requirements, student costs and financial obligations, financial aid information, refund policy, placement services, number of full-time and part-time faculty, student enrollment and demographic figures, programs, and off-campus programs. Other information shall be collected in response to specific needs or inquiries. Financial information of a strictly proprietary, commercial nature is excluded from this requirement.

2.  The data collected by the board must also include the data for the career education program evaluation reports required by s. 239.233 for each school that chooses to provide public information under s. 239.245.

3.  The board shall provide to each participating institution annually the format, definitions, and instructions for submitting the required information.

4.  The data submitted by each institution shall be accompanied by a letter of certification signed by the chief administrative officer of the institution, affirming that the information submitted is accurate.

5.  A summary of the data collected by the board shall be included in the annual report to the Governor, the Speaker of the House of Representatives and the President of the Senate, the minority leader of the Senate, and the minority leader of the House of Representatives. The information collected by the board may also be used by the Department of Education for such purposes as statewide master planning, state financial aid programs, and publishing directories, by the Legislature, and to respond to consumer inquiries received by the board.

(o)  Establish and publicize the procedures for receiving and responding to complaints from students, faculty, and others about schools or programs licensed by the board and shall keep records of such complaints in order to determine their frequency and nature for specific institutions of higher education. With regard to any written complaint alleging a violation of any provision of ss. 246.201-246.231 or any rule promulgated pursuant thereto, the board shall periodically notify, in writing, the person who filed the complaint of the status of the investigation, whether probable cause has been found, and the status of any administrative action, civil action, or appellate action, and if the board has found that probable cause exists, it shall notify, in writing, the party complained against of the results of the investigation and disposition of the complaint. The findings of the probable cause panel, if a panel is established, shall not be disclosed until the information is no longer confidential.

(2)  The board may:

(a)  Sue or be sued.

(b)  Enter into contracts with the Federal Government, other departments of the state, or individuals.

(c)  Receive bequests and gifts, which shall be used only for the purpose stated by the person making such bequest.

(d)  Appoint committees to assist in developing standards or in determining the qualifications which shall be met in a given field of endeavor.

(e)  Issue a license to any school subject to ss. 246.201-246.231 which is exempted from the licensing and regulatory requirements of ss. 246.201-246.231, upon voluntary application for such license and upon payment of the appropriate fee as set forth in s. 246.219.

(f)  With the approval of the State Board of Education, establish and operate a branch office in the southeastern part of the state where the concentration of licensed schools renders such an office economically feasible.

(g)  Establish and administer a statewide, fee-supported financial program through which funds will be available to complete the training of a student who enrolls in a nonpublic school that terminates a program or ceases operation before the student has completed his or her program of study or for repayment of a loan made under the federal Family Educational Loan Program. The financial program is named the Student Protection Fund. The board is authorized to assess a fee from the institutions within its jurisdiction for such purpose. The board shall assess a licensed school an additional fee for its eligibility for the Student Protection Fund. Any school that participates in the federal Family Educational Loan Program is eligible and must pay the additional fee. If a licensed school terminates a program before all students complete it, the board shall also assess that school a fee adequate to pay the full cost to the Student Protection Fund of repaying the federal loans of its students. The fund shall consist entirely of fees assessed to licensed schools and shall not be funded under any circumstances by public funds, nor shall the board make payments or be obligated to make payments in excess of the assessments actually received from licensed schools and deposited in the Institutional Assessment Trust Fund to the credit of the Student Protection Fund. The board shall identify students who may be eligible for repayment of their loans and notify them in writing of the availability of the Student Protection Fund. At each board meeting, the board shall consider the need for and shall make required assessments, shall review the collection status of unpaid assessments and take all necessary steps to collect them, and shall review all moneys in the fund and expenses incurred since the last reporting period. This review must include administrative expenses, moneys received, and payments made to students or to lending institutions. Staff of the board must immediately inform the board upon learning of the closing of a licensed school or the termination of a program which could expose the fund to liability. The Student Protection Fund must be actuarially sound, periodically audited, and reviewed to determine if additional fees must be charged to schools eligible to participate in the fund. The board may authorize pro rata payments from the fund directly to the lender. The pro rata refund shall be computed as outlined in the Higher Education Act of 1965.

History.--s. 4, ch. 74-360; s. 3, ch. 76-168; s. 77, ch. 77-104; s. 4, ch. 77-426; s. 1, ch. 77-457; s. 4, ch. 78-323; s. 113, ch. 79-400; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 3, 14, 15, ch. 86-275; s. 18, ch. 89-344; s. 61, ch. 91-105; s. 4, ch. 91-429; s. 58, ch. 92-136; s. 2, ch. 93-170; s. 92, ch. 95-148; s. 54, ch. 96-410; s. 42, ch. 98-200; s. 17, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.211  Expenditures.--The State Treasurer shall pay out all moneys and funds provided for in ss. 246.201-246.231 upon proper warrant issued by the Comptroller drawn upon vouchers approved by the board for all lawful purposes necessary for the administration of ss. 246.201-246.231.

History.--s. 6, ch. 74-360; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 4, 14, 15, ch. 86-275; s. 4, ch. 91-429; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.213  Power of State Board of Education.--

(1)  The State Board of Education, acting on the recommendation of the State Board of Nonpublic Career Education, shall adopt minimum standards for schools and other rules pursuant to ss. 120.536(1) and 120.54 to implement ss. 246.201-246.231.

(2)(a)  The minimum educational standards for the licensing of schools shall include, but not be limited to: name of school, purpose, administrative organization, educational program and curricula, finances, financial stability, faculty, library, student personnel services, physical plant and facilities, publications, and disclosure statements about the status of the institution in relation to professional certification and licensure.

(b)  Rules of the State Board of Education shall require that nonpublic schools administer an entry-level test of basic skills to each student who enrolls in a nondegree program of at least 450 clock hours, or the credit hour equivalent, which purports to prepare such student for employment. The State Board of Nonpublic Career Education shall designate examinations authorized for use for entry-level testing purposes. State Board of Education rules shall require that applicable schools provide students who are deemed to lack a minimal level of basic skills with a structured program of basic skills instruction. No student shall be granted a diploma, as defined in s. 246.203, until he or she has demonstrated mastery of basic skills. Exceptional students, as defined in s. 228.041, may be exempted from the provisions of this paragraph. The State Board of Education shall identify means through which students who are capable of demonstrating mastery of basic skills may be exempted from the provisions of this paragraph.

(c)  The State Board of Nonpublic Career Education may request that schools within its jurisdiction provide the board all documents associated with institutional accreditation. The board shall solicit from schools which provide such documents only such additional information undisclosed in the accreditation documents provided. The board may conduct a comprehensive study of a school that fails to provide all documents associated with its institutional accreditation. The cost of such study shall be borne by the institution. Standards imposed by the board shall not be constrained in quality or quantity to those imposed by the respective accrediting body.

(d)  The State Board of Nonpublic Career Education shall recommend to the State Board of Education minimum placement standards for institutions that conduct programs that prepare students for employment.

(3)  The minimum requirements for the licensing of agents shall include: name, residential and business addresses, background training, institution or institutions to be represented, and demonstrated knowledge of statutes and rules related to the authority granted to agents and the limitations imposed upon such authority. No employee of a nonpublic school shall solicit prospective students for enrollment in such school until that employee is licensed by the State Board of Nonpublic Career Education as an agent.

(4)  The State Board of Nonpublic Career Education shall adopt criteria for specialized associate degrees, diplomas, certificates, or other educational credentials that will be recognized in licensed schools. The State Board of Nonpublic Career Education shall adopt a common definition for each credential. To determine the level of a nonpublic institution's vocational program or to establish criteria for a specialized degree, the board shall use procedures developed pursuant to s. 239.205, which requires the Department of Education to determine the level of each public degree career education program.

History.--s. 6, ch. 74-360; s. 3, ch. 76-168; s. 6, ch. 77-426; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 1, 6, ch. 79-48; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 14, 15, ch. 86-275; s. 19, ch. 89-344; s. 4, ch. 91-429; s. 59, ch. 92-136; s. 93, ch. 95-148; s. 43, ch. 98-200; s. 18, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.215  License required.--

(1)  No nonpublic postsecondary career school required to be licensed pursuant to ss. 246.201-246.231 shall be operated or established within the state until such school makes application and obtains a license or authorization from the board. Each nonpublic school that seeks licensure shall first submit articles of incorporation to the Department of State. After the Department of State approves such articles and verifies that the articles indicate the corporation is a postsecondary school within the meaning and intent of s. 246.203, the corporation shall apply for licensure by the board within 60 days of approval of the articles. Department of State approval of the articles of incorporation shall not constitute authorization to operate the nonpublic school. The Department of State shall immediately transmit approved articles of incorporation for nonpublic schools to the board.

(2)  No agent shall solicit any prospective student for enrollment in a nonpublic school until both the agent and the school are appropriately licensed or otherwise authorized by the board.

(3)  No nonpublic postsecondary career school required to be licensed pursuant to ss. 246.201-246.231 shall advertise in any manner until such school is granted an appropriate license by the board, nor shall any licensed school advertise in any manner while such school is under an injunction against operating, soliciting students, or offering diplomas.

(4)  No license granted by the board shall be transferable to another nonpublic postsecondary career school or to another agent, nor shall school licensure transfer upon a change in ownership of the institution.

(5)  Each license granted by the board shall delineate the specific nondegree programs that the nonpublic school is authorized to offer. No such school shall conduct a program unless express authority is granted in its license.

(6)  A diploma program offered by a nonpublic junior college, college, or university must be licensed by the board, notwithstanding the fact that such institution is concurrently subject to the jurisdiction of the State Board of Independent Colleges and Universities, if such program does the following:

(a)  The program qualifies a student for employment or engagement in an occupation whose practice in this state does not require a degree.

(b)  The program awards a diploma, as defined in s. 246.203(6), for successful completion, including any program that is organized to give students an option of exiting at a specified point and receiving a diploma, or continuing and receiving a degree, as defined in s. 246.021(5).

History.--s. 8, ch. 74-360; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 2, 6, ch. 79-48; ss. 2, 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 5, 14, 15, ch. 86-275; s. 20, ch. 89-344; s. 4, ch. 91-429; s. 19, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.216  Exemption from licensure.--

(1)  A person or entity which otherwise fits the definition of school in s. 246.203(1) shall be exempt from licensure if it meets the criteria specified in this section and applies to the board for a statement of exemption. The board shall issue a statement of exemption if it determines, based on all available information, that the applicant meets the following criteria:

(a)  The entity is a church or religious organization whose programs of instruction include:

1.  A religious modifier in the title of the program, immediately preceding the name of the occupation to which the instruction relates, and in the title of the diploma.

2.  No representation, directly or by implication, that individuals who successfully complete the program will be qualified to be employed in the field to which the training relates by an employer other than a church or religious organization.

3.  No students who receive state or federal financial aid to pursue the program;

(b)  The person or entity is regulated by the Federal Aviation Administration, another agency of the Federal Government, or an agency of the state whose regulatory laws are similar in nature and purpose to those of the board and require minimum educational standards, for at least curriculum, instructors, and academic progress and provide protection against fraudulent, deceptive, and substandard education practices;

(c)  The person or entity offers only examination preparation courses provided that:

1.  A diploma as defined in s. 246.203(6) is not awarded.

2.  The courses do not include state licensing examinations in occupations for which state laws do not require a licensee to have a bachelor's degree or higher academic or professional degree;

(d)  The person or entity is:

1.  An employer who offers training and trains only its own bona fide employees;

2.  A trade or professional association or a group of employers in the same or related business who in writing agree to offer training and to train only individuals who are bona fide employees of an employer who is a member of the association or a party to the written agreement; or

3.  An independent contractor engaged by any of the foregoing by written contract to provide the training on its behalf exclusively to individuals who are selected by the employer, association, or group which engaged the contractor and who are bona fide employees thereof.

For purposes of this paragraph, a bona fide employee is an individual who works for salary or wages paid by the employer in at least the minimum amount required by law;

(e)  The entity is a labor union or group of labor unions which offers training to, and trains only, individuals who are dues-paying members of a participating labor union; or the person or entity is an independent contractor engaged by the labor union or group of labor unions, by written contract, to provide the training on its behalf exclusively to individuals who are selected by the labor union or group of labor unions which engaged the contractor and who are dues-paying members thereof;

(f)  The person or entity offers only continuing education programs to individuals who engage in an occupation or profession whose practitioners are subject to licensure, certification, or registration by a state agency which recognizes the programs for continuing education purposes and provides a written statement of such recognition; or

(g)  The person or entity offers a program of instruction whose objective is not occupational, but is avocational and only for personal enrichment and which:

1.  Prior to enrollment, gives to each enrollee, and maintains a record copy of, a written statement which states substantially the following: "This program is not designed or intended to qualify its participants and graduates for employment in (the field to which the training pertains). It is intended solely for the avocation, personal enrichment, and enjoyment of its participants."

2.  Makes no other verbal or written statements which negate the written statement required in subparagraph 1. by stating or implying that persons who enroll in or complete the program have any more substantial likelihood of getting employment in the field to which the training pertains than persons who do not.

3.  Maintains and makes available to the board, upon request, records which demonstrate that each enrollee received the statement required by subparagraph 1. prior to enrollment.

To be eligible for the statement of exemption, the applicant must maintain records documenting its qualification for exemption. A person or entity which is exempt pursuant to this subsection and which is also a licensee for programs which do not qualify for exemption may not include in the catalog, contract, or advertising relating to its licensed program any reference to its unlicensed programs. This restriction does not apply to a licensee which voluntarily becomes licensed to offer programs which would otherwise qualify for exemption.

(2)  The board shall revoke a statement of exemption if it determines, based on all available information, that the entity does not meet the criteria required in subsection (1) because of the following:

(a)  There has been a material change in circumstances or in the law;

(b)  The statement was erroneously issued as a result of false or misleading information provided by the applicant or other source;

(c)  There was a misunderstanding by the board of the information which it had considered; or

(d)  New information has been received.

Probable cause proceedings do not apply to the foregoing board decisions.

(3)  The board may invoke the remedies provided in s. 246.227 when no application for a statement of exemption is pending; in conjunction with, or subsequent to, its notice of denial of an application; or in conjunction with, or subsequent to, its notice of revocation. The filing of a civil action pursuant to s. 246.227 shall have the effect of suspending administrative proceedings under this section unless the board takes a voluntary dismissal without prejudice in a judicial case. An order of the court which determines or renders moot an issue presented in suspended administrative proceedings shall be grounds for dismissal of the administrative proceeding as to that issue.

History.--s. 20, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.217  License period and renewals.--

(1)  All license applications shall be submitted on notarized forms prepared and furnished by the board.

(2)  Each new nonpublic school approved by the board shall be issued a temporary or provisional license valid for a maximum of 1 year. Staff of the board shall conduct a site visit and evaluation within the first 6 months of operation of an institution issued such a license.

(3)(a)  A nonpublic school that seeks renewal of licensure upon completion of the term of the temporary or provisional license may apply for a regular license. The board shall adopt rules for the provision of regular annual licensure and regular biennial licensure. The requirements for each such form of regular licensure shall be incorporated into the rules of the board.

(b)  The board may renew a provisional or regular license as a provisional license for specific purposes enumerated by the board. Redesignation from regular to provisional licensure shall not require disciplinary proceedings pursuant to s. 246.226.

(4)(a)  The board may extend a license for a maximum of 4 months. The fees for any license so extended shall be prorated. The board may also extend a provisional license for a maximum of 1 additional year to an institution that cannot comply with licensure requirements based on extenuating circumstances. The affected institution shall be responsible for demonstrating that it has made a good faith effort to meet the requirements of the board. The board shall be responsible for determining institutional compliance with such requirements.

(b)  A license which is in effect at the time that a nonpublic school is served with an administrative complaint or a notice of denial of license renewal shall be deemed to remain in effect, subject to s. 246.2265, until final agency action is taken. If an administrative complaint is served at the time the application for license renewal is filed with the board, the license shall be deemed to remain in effect, subject to s. 246.2265, until final agency action is taken.

(5)  The board shall adopt rules regarding amended licensure for institutions that seek to modify existing courses or programs of study, to add one or more new courses or programs of study, or to expand educational programs. A nonpublic school licensed pursuant to ss. 246.201-246.231 shall receive approval for an amended license prior to implementation of such modification.

History.--s. 9, ch. 74-360; s. 3, ch. 76-168; s. 7, ch. 77-426; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 3, 6, ch. 79-48; ss. 3, 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 6, 14, 15, ch. 86-275; s. 21, ch. 89-344; s. 4, ch. 91-429; s. 6, ch. 93-170; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.219  License fees.--

(1)  Each initial application for a license to operate a nonpublic postsecondary career school shall be accompanied by a license fee of not less than $500, and each application for the renewal of such license shall be accompanied by an annual license fee of at least $300, provided that the fee for a biennial license shall be at least $600. A fee shall be charged for a supplementary application for the approval of any additional field or course of instruction. Such fees shall be delineated, by rule, by the board.

(2)  Fees for agents representing schools shall be at least $50 for the initial license and at least $25 for renewal of the license, excluding the cost of obtaining criminal justice information. Applicants shall bear the cost of obtaining such information.

(3)  The board shall adopt rules establishing a charge of at least $250 for a delinquent application for license renewal.

(4)  All license fees shall be transmitted by the board through the Department of Education to be deposited in the Institutional Assessment Trust Fund created by s. 246.31.

History.--s. 10, ch. 74-360; s. 3, ch. 76-168; s. 5, ch. 77-426; s. 4, ch. 78-323; ss. 4, 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 7, 14, 15, ch. 86-275; s. 22, ch. 89-344; s. 77, ch. 91-105; s. 4, ch. 91-429; s. 21, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.220  Surety bonds or insurance.--Surety bonds or insurance shall not be required of any school licensed by the State Board of Nonpublic Career Education, except as may be required by the board to insure the train-out of projected or currently enrolled students, issuance of refunds to projected or currently enrolled students, payment of liabilities to the Student Protection Fund, or for the retrieval or safekeeping of student records.

History.--s. 4, ch. 75-32; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 4, 6, ch. 79-48; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 8, 14, 15, ch. 86-275; s. 4, ch. 91-429; s. 3, ch. 93-170; s. 22, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.222  School administrator training.--

(1)  The board is authorized to ensure that the administrators of licensed schools are qualified to conduct the operations of their respective positions and to require such administrators to receive continuing education and training as adopted by rule of the board. The positions for which the board may review qualifications and require continuing education and training may include the positions of school director, director of education or training, placement director, admissions director, and financial aid director.

(2)  The training of each administrator shall be the type of training necessary to assure compliance with board statutes and rules and with those of other state or federal agencies in relation to the responsibilities of the respective positions.

(3)  The board shall adopt general qualifications for each of the respective positions and establish guidelines for the minimum amount and type of continuing education and training to be required. The continuing education and training may be provided by the board, appropriate state or federal agencies, or professional organizations familiar with the requirements of the particular administrative positions. The actual curriculums should be left to the discretion of those agencies and organizations.

(4)  Evidence of the administrator's compliance with the continuing education and training requirements established by the board may be included in the initial and renewal application forms provided by the board. Actual records of the continuing education and training received by administrators shall be maintained at the school and available for inspection at all times.

(5)  Qualifications of administrators in their respective fields, as well as continuing education and training, may be established by the board as a condition of an application for licensure by a new school or for renewal of a license.

History.--s. 4, ch. 93-170; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.2235  School closings.--

(1)  The intent of ss. 246.201-246.231 is to provide for the protection of the health, education, and welfare of the citizens of Florida. The Legislature finds that the actions of school owners and operators in closing licensed schools and not providing for the proper train-out or appropriate refund of fees paid by students constitutes a serious detriment to the educational delivery system in the state. The Legislature further finds that measures need to be taken to prevent such closures without proper train-outs or refunds and to prohibit school owners who have unlawfully closed a school from operating a similar licensed school in the state. Furthermore, the Legislature finds that when a licensed school ceases operation, it is essential that student records be immediately conveyed to or placed within control of the state. The opportunity for students to continue their education or otherwise be able to assess and provide documentation of their educational status is for the board to have control over all student records upon closure of the school.

(2)  Upon closure of a licensed institution, all student records shall become property of the state and shall be conveyed to the board office or to another location designated by the board or its executive director. Copies of records shall be made available to bankruptcy trustees, upon request, and to the student. Confidentiality of the records shall be maintained, to the extent required by law. Any school owner, director, or administrator who knowingly destroys, abandons, or fails to convey or provide for the safekeeping of school and student records is subject to the board's seeking civil penalties in an amount not to exceed $10,000 from each individual. The board is authorized to use moneys in the Student Protection Fund to facilitate the retrieval or safekeeping of records at a school that has closed.

(3)  A licensed school, through its owners, directors, and administrators, is required to immediately notify the board in writing of the closure of the school. Furthermore, such owners, directors, and administrators must organize an orderly closure of the school, including, but not limited to, the train-out of its students. An owner, director, or administrator who fails to notify the board immediately of the school closure, or fails to organize the orderly closure of the school and train-out of the students, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  The board may conduct an investigation to determine if an applicant for a new school license, or the school's owners, directors, or administrators, either closed a school previously, failed to train-out students or issue appropriate refunds, or had its license to operate a school in this state or an out-of-state school revoked or denied.

(5)  Any person convicted of crime relating to the unlawful operation or management of a school shall not be eligible for a license to own, operate, or manage, or be a registered agent for, a licensed school in this state, or be a director or officer in a corporation owning or operating a licensed school. Such person shall not be allowed to operate or serve in a management or supervisory position in a licensed school.

(6)  The board is authorized to deny an application for a new school license if the board determines that the applicant, its owners, officers, directors, or administrators were previously operating a school in this or in another state contrary to the health, education, and welfare of the citizens of that state. Factors which may be considered by the board include, but are not limited to, the denial or revocation of a school license, prior criminal or civil administrative proceedings regarding the operation and management of a school, other types of criminal proceedings involving fraud, deceit, dishonesty, or moral turpitude, failure of the school to be properly closed, including training-out or providing for the train-out of its students, and failure to issue appropriate refunds, if any. The board may require an applicant, its owners, officers, directors, or administrators to provide the board with information under oath regarding the prior operation of a school and criminal justice information, the cost of which shall be borne by the applicant in addition to the other license fees.

(7)  The board is authorized to refer matters it deems appropriate to the Department of Legal Affairs or the state attorney for investigation and prosecution.

History.--s. 5, ch. 93-170; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.225  No tax exemptions.--The granting of a license or accreditation under ss. 246.201-246.231 shall not be considered an accreditation for the purpose of tax exemption under state law.

History.--s. 16, ch. 74-360; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 14, 15, ch. 86-275; s. 4, ch. 91-429; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.226  Disciplinary proceedings.--

(1)(a)  The board shall cause to be investigated any suspected violation of a provision of ss. 246.201-246.231 or rule of the board. Regardless of the source of information regarding the violation, an investigation may be continued until it is completed and an investigative report is presented to a probable cause panel of the board.

(b)  Any institution or individual that is the subject of an investigation by the board shall be notified by the board of the investigation and the substance of the complaint that prompted the investigation. Notification may be withheld upon the recommendation of the executive director and concurrence of the chair of the board if both parties agree that notification would impede the investigation. The board may also withhold notification to a person under investigation for an act which constitutes a criminal offense.

(2)  The board shall investigate complaints in a timely manner. The complaint and all information obtained by the board during the resultant investigation shall be confidential and exempt from the provisions of s. 119.07(1) for a maximum of 10 days after the probable cause panel declares a finding of probable cause. The board may provide information obtained pursuant to this subsection to any law enforcement or regulatory agency. The board may utilize consultants who possess expertise or specialized knowledge regarding the substance of the investigation. Any such consultants shall be subject to the provisions of this subsection. A consultant so utilized shall prepare and submit an investigative report that contains the investigative findings and recommendations concerning the existence of probable cause to the probable cause panel. The probable cause panel may request additional investigative information within 15 days of receipt of an investigative report. The panel shall make its determination of probable cause no later than 30 days after it receives the final investigative report.

(3)  The determination of probable cause shall be made by a majority vote of the probable cause panel. The panel shall be composed pursuant to board rule. The proceedings of such panel shall be exempt from the provisions of ss. 120.525 and 286.011 until the panel declares a finding of probable cause. After the panel declares a finding of probable cause, the board may issue an administrative complaint and prosecute such complaint pursuant to the provisions of chapter 120.

(4)  The board members who did not serve on the probable cause panel shall review the recommended order of the administrative law judge and shall issue a final order for each such hearing. Such order shall constitute final agency action.

(5)  Upon written request by an informant, the board shall notify the informant of the status of an investigation, civil action, or administrative proceeding. The findings of the probable cause panel shall not be disclosed until the information is no longer confidential.

(6)  A privilege against civil liability is granted to any informant or any witness who provides information in good faith for an investigation or proceeding conducted pursuant to this section.

(7)  The board may deny initial licensure, renewal licensure, or amended licensure on the basis of all information available to the board. Such actions shall not be considered disciplinary and shall not require probable cause proceedings.

History.--ss. 9, 15, ch. 86-275; s. 1, ch. 88-375; s. 24, ch. 89-344; s. 84, ch. 90-360; s. 4, ch. 91-429; s. 94, ch. 95-148; s. 106, ch. 96-406; s. 55, ch. 96-410; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.2265  Additional regulatory powers while disciplinary proceedings are pending; cease and desist orders.--

(1)  The board may, in conjunction with an administrative complaint or notice of denial of licensure, issue cease and desist orders for the purpose of protecting the health, safety, and welfare of students, prospective students, and the general public. Such orders may be mandatory or prohibitory in form and may order a nonpublic postsecondary career institution, officer, employee, or agent to:

(a)  Cease and desist from specified conduct which relates to acts or omissions stated in the administrative complaint or notice of denial of licensure; or

(b)  Cease and desist from failing to engage in specified conduct which is necessary to achieve or preserve the regulatory purposes of ss. 246.201-246.231.

(2)  Cease and desist orders may include, but not be limited to, orders to:

(a)  Cease the enrollment of new students or limit enrollment to those students who can be adequately served within the current facilities of the institution by the current officers and employees, or to limit enrollment to those students who meet more restrictive admissions standards.

(b)  Modify curricula or methods of instruction, as needed, to ensure that currently enrolled students receive the education or training of the type and quality represented in the institutional catalog.

(c)  Cease from advertising, to advertise only with prior approval of the board, or to publish or broadcast corrective or clarifying advertising, as needed, to overcome the effects of previous allegedly deceptive or misleading advertising.

(3)  Cease and desist orders issued pursuant to this section shall take effect immediately upon issuance and shall remain in effect until the board takes final agency action. A cease and desist order shall be reviewable at the request of the institution, officer, employee, or agent to whom it is directed as follows:

(a)  If formal proceedings have been requested and the matter has been referred to the Division of Administrative Hearings, a motion to abate or modify the cease and desist order may be filed with the division. Any interlocutory order of the presiding administrative law judge shall be binding on the parties until final agency action is taken by the board.

(b)  If informal proceedings before the board have been requested, the board may, at any regular board meeting, consider and determine a request from the affected party to abate or modify the cease and desist order.

(c)  If a party is aggrieved by a cease and desist order after seeking to have the order abated or modified pursuant to paragraph (a) or paragraph (b), the party may seek interlocutory judicial review by the appropriate district court of appeal pursuant to the applicable rules of appellate procedure.

(4)  The executive director of the board, with the approval of the chair of the board, may issue and deliver a cease and desist order to a nonpublic postsecondary career institution.

History.--ss. 25, 47, ch. 89-344; s. 4, ch. 91-429; s. 95, ch. 95-148; s. 56, ch. 96-410; s. 23, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.227  Injunctive relief; unlicensed operation of a school; cease and desist notice; civil penalty.--

(1)  The board may obtain an injunction or take any action it deems necessary against any school or agent in violation of ss. 246.201-246.231, but no such proceedings and no orders issued therein or as a result thereof shall bar the imposition of any other penalties which may be imposed for the violation of this act.

(2)  An unlicensed nonpublic postsecondary career institution required to be licensed pursuant to ss. 246.201-246.231 that advertises or causes advertisements to be made public through which students are solicited for enrollment or are offered diplomas shall be in violation of the provisions of ss. 246.201-246.231. A licensed nonpublic postsecondary career institution that is under temporary or permanent injunction against operating or offering diplomas that advertises or causes advertisements to be made public through which students are solicited for enrollment or are offered diplomas shall be in violation of such injunctive order upon presentation to the court of the advertisement.

(3)  The executive director of the board, with the approval of the chair of the board, may issue and deliver a cease and desist order to any nonpublic postsecondary career institution or agent required to be licensed pursuant to ss. 246.201-246.231 that is not so licensed. The board may file, in the name of the state, a proceeding which seeks issuance of an injunction against any person in violation of any provision of such order.

(4)  In addition to or in lieu of any remedy provided in this section, the board may seek the imposition of a civil penalty through the circuit court for any violation for which the board may issue a notice to cease and desist under this section. The civil penalty shall be no less than $500 and no more than $5,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney's fees and, in the event the board prevails, may also award reasonable costs of investigation.

History.--s. 13, ch. 74-360; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 10, 14, 15, ch. 86-275; s. 26, ch. 89-344; s. 4, ch. 91-429; s. 96, ch. 95-148; s. 24, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.228  Grounds for disciplinary action; action by the board.--

(1)  The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:

(a)  Attempting to obtain, obtaining, or renewing a license to operate a school by bribery, by fraudulent misrepresentation, or through an error of the board.

(b)  Having a license to operate a school revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

(c)  Pleading nolo contendere to or being found guilty, regardless of adjudication, of a crime in any jurisdiction.

(d)  Aiding, assisting, procuring, or advising any unlicensed person to operate a school contrary to this chapter or to a rule of the board.

(e)  Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.

(f)  Violating any provision of this section or rule of the board, the penalty for which is a disciplinary action set forth in subsection (2), or any lawful order of the board previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the board.

(g)  Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate, or preclude another licensee from lawfully advertising his or her services.

(h)  False, deceptive, or misleading advertising.

(i)  Committing other acts prohibited by rule of the board.

(2)  The board shall enter a final order either dismissing the complaint or imposing one or more of the following penalties:

(a)  Denial of an application for licensure.

(b)  Revocation or suspension of a license.

(c)  Imposition of an administrative fine of no less than $100 and no more than $1,000 for each count or separate offense. Such fine shall be deposited in the Institutional Assessment Trust Fund pursuant to s. 246.31.

(d)  Placement of the licensee on probation for a period of time and subject to such conditions as the board may specify.

(e)  Issuance of a written reprimand to the school. Such reprimand shall be posted in a prominent place at the school for such period of time as the board may specify.

History.--ss. 11, 15, ch. 86-275; s. 27, ch. 89-344; s. 79, ch. 91-105; s. 4, ch. 91-429; s. 97, ch. 95-148; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.229  Enforcement.--The Department of Legal Affairs or the state attorney shall have authority to enforce ss. 246.201-246.231.

History.--s. 14, ch. 74-360; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 14, 15, ch. 86-275; s. 4, ch. 91-429; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.231  Penalties.--Any person who violates or fails to comply with ss. 246.201-246.231 or any of the rules promulgated thereunder:

(1)  For the first conviction, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2)  For a second or subsequent conviction, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3)  May have his or her license revoked.

History.--s. 15, ch. 74-360; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 12, 14, 15, ch. 86-275; s. 28, ch. 89-344; s. 4, ch. 91-429; s. 98, ch. 95-148; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.232  Hazing policy.--Private colleges and universities shall provide the State Board of Independent Colleges and Universities with a copy of their hazing policy as evidence of compliance with this act.

History.--s. 2, ch. 90-327; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

¹246.31  Institutional Assessment Trust Fund.--

(1)  There is created an Institutional Assessment Trust Fund to be administered by the Department of Education pursuant to this section and rules of the State Board of Education. The trust fund shall consist of all fees and fines imposed upon nonpublic colleges and schools pursuant to this chapter, including all fees collected from nonpublic colleges for participation in the common course designation and numbering system. The department shall maintain separate revenue accounts for the State Board of Independent Colleges and Universities; the State Board of Nonpublic Career Education; and the Department of Education.

(2)  Funds from the trust fund shall be used for purposes including, but not limited to, the following:

(a)  Authorized expenses of the respective boards in carrying out their required duties.

(b)  Financial assistance programs for students who attend nonpublic institutions licensed by the board.

(c)  Educational programs for the benefit of current and prospective owners, administrators, agents, authorized groups of individuals, and faculty of institutions receiving a license, a certificate of exemption, or an authorization by the board.

(d)  Authorized expenses of the Department of Education incurred as a result of the inclusion of nonpublic colleges in the common course designation and numbering system.

(3)  The board may utilize other individuals or entities to administer the programs authorized in subsection (2).

History.--ss. 23, 47, ch. 89-344; s. 78, ch. 91-105; s. 4, ch. 91-429; s. 13, ch. 92-321; s. 13, ch. 98-309; s. 25, ch. 98-421; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

Note.--Former s. 246.224.

¹246.50  Certified Teacher-Aide Welfare Transition Program; participation by independent postsecondary schools.--An independent postsecondary school may participate in the Certified Teacher-Aide Welfare Transition Program and may receive incentives for successful performance from the Performance Based Incentive Funding Program if:

(1)  The school is accredited by the Southern Association of Colleges and Schools and licensed by the State Board of Nonpublic Career Education;

(2)  The school serves recipients of temporary cash assistance in a certified teacher-aide program;

(3)  A participating school district recommends the school to Workforce Florida, Inc.; and

(4)  Workforce Florida, Inc., approves.

History.--s. 34, ch. 95-392; s. 66, ch. 96-175; s. 33, ch. 98-421; s. 76, ch. 2000-165; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.