246.081  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, 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 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 unless such college shall apply for, and obtain from the board, a license, a certificate of exemption, 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, 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 Independent Postsecondary Vocational, Technical, Trade, and Business Schools a license or authorization for such diploma program in the manner and form prescribed by the State Board of Independent Postsecondary Vocational, Technical, Trade, and Business Schools.

(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.