1998 Florida Code
TITLE XVI EDUCATION
Chapter 246 Nonpublic Postsecondary Institutions  
246.216   Exemption from licensure.

246.216  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.