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.