The Florida Senate

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.