Florida Statute 1005.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1005
NONPUBLIC POSTSECONDARY EDUCATION

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F.S. 1005.06

1005.06 Institutions not under the jurisdiction or purview of the commission.—

(1) Except as otherwise provided in law, the following institutions are not under the jurisdiction or purview of the commission and are not required to obtain licensure:

(a) Any postsecondary educational institution provided, operated, or supported by this state, 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 this chapter.

(c) Any institution that is under the jurisdiction of the Department of Education, eligible to participate in the William L. Boyd, IV, Effective Access to Student Education Grant Program and that is a nonprofit independent college or university located and chartered in this state and accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to grant baccalaureate degrees.

(d) Any institution that offers only avocational programs or courses, examination preparation programs or courses, contract training programs or courses, continuing education, or professional development programs or courses.

(e) Any institution that was exempt from licensure in 2001 under s. 246.085(1)(b), Florida Statutes 2001, as long as it maintains these qualifying criteria: the institution is incorporated in this state, the institution’s credits or degrees are accepted for credit by at least three colleges that are fully accredited by an agency recognized by the United States Department of Education, the institution was exempt under that category prior to July 1, 1982, and the institution does not enroll any students who receive state or federal financial aid for education. Such an institution shall notify the commission and apply for licensure if it no longer meets these criteria.

(f) A religious college may operate without governmental oversight if the college annually verifies by sworn affidavit to the commission that:

1. The name of the institution includes a religious modifier or the name of a religious patriarch, saint, person, or symbol of the church.

2. The institution offers only educational programs that prepare students for religious vocations as ministers, professionals, or laypersons in the categories of ministry, counseling, theology, education, administration, music, fine arts, media communications, or social work.

3. The titles of degrees issued by the institution cannot be confused with secular degree titles. For this purpose, each degree title must include a religious modifier that immediately precedes, or is included within, any of the following degrees: Associate of Arts, Associate of Science, Bachelor of Arts, Bachelor of Science, Master of Arts, Master of Science, Doctor of Philosophy, and Doctor of Education. The religious modifier must be placed on the title line of the degree, on the transcript, and whenever the title of the degree appears in official school documents or publications.

4. The duration of all degree programs offered by the institution is consistent with the standards of the commission.

5. The institution’s consumer practices are consistent with those required by s. 1005.04.

The commission may provide such a religious institution a letter stating that the institution has met the requirements of state law and is not subject to governmental oversight.

(g) Any institution that 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 commission and require minimum educational standards, for at least curriculum, instructors, and academic progress and provide protection against fraudulent, deceptive, and substandard education practices.

(h) Any non-Florida institution that has been approved by a member state to participate in a reciprocity agreement, as those terms are defined in s. 1000.35(2), if the degree programs that may be offered and the activities that may be conducted by such institution in this state are limited to the distance education degree programs and activities provided in and consistent with the terms and provisions of the reciprocity agreement.

(2) The Department of Education may contract with the Commission on Independent Education to provide services for independent postsecondary educational institutions not under the jurisdiction of the commission relating to licensure of postsecondary career certificate and diploma programs that such institutions may wish to offer and preliminary review of programs such institutions may wish to offer which are beyond the scope of the institutions’ current accreditation status. Upon completion of its review, the commission shall forward its recommendation to the department for final action. The department shall assess the institution seeking such services the cost to the commission of providing such services. Revenues collected pursuant to this provision shall be deposited in the Institutional Assessment Trust Fund.

History.—s. 249, ch. 2002-387; s. 98, ch. 2004-357; s. 103, ch. 2007-217; s. 2, ch. 2017-87; s. 25, ch. 2018-4; s. 123, ch. 2019-3.

F.S. 1005.06 on Google Scholar

F.S. 1005.06 on Casetext

Amendments to 1005.06

Arrestable Offenses / Crimes under Fla. Stat. 1005.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1005.06.

Annotations, Discussions, Cases:

Cases Citing Statute 1005.06

Total Results: 20

KEITH R.E. JOHNSON AND KREJ LEASING, INC. v. AKEEFE GARRETT

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-04T00:00:00-07:00

Snippet: motion.” Sims v. Cristinzio, 898 So. 2d 1004, 1005-06 (Fla. 2d DCA 2005) (“In considering a motion for

GLENN JACKSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-24T23:53:00-08:00

Snippet: question in Kaczmar v. State, 104 So. 3d 990, 1005-06 (Fla. 2012), concluding that it is not fundamental

ALEX NICHOLS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-07T23:53:00-08:00

Snippet: process rights); Shelko v. State, 268 So. 3d 1003, 1005-06 (Fla. 5th DCA 2019) (reversing and remanding for

Edward A. Crapo, in his capacity as Alachua County Property Appraiser v. Academy for Five Element Acupuncture, Inc., a Florida Non-Profit Corporation

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-08T00:53:00-07:00

Snippet: not referenced interchangeably. Under section 1005.06(1), for example, institutions under the Department

Richard DeLisle v. Crane Co.

Court: Fla. | Date Filed: 2018-10-15T00:00:00-07:00

Citation: 258 So. 3d 1219

Snippet: rulemaking authority." Markert , 367 So.2d at 1005-06. However, in VanBibber v. Hartford Accident &

Erin Vontez Thompson v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-17T00:53:00-07:00

Snippet: U.S. 660, 672-73 (1983); Del Valle, 80 So. 3d at 1005-06 (citing standard set forth in § 948.06(5), Fla.… no fault of his own.” Del Valle, 80 So. 3d at 1005-06 (quoting Bearden, 461 U.S. at 668-69). If…being unable to do so. See Del Valle, 80 So. 3d at 1005-06. No Abuse of Discretion in Revoking

State v. Ross

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-09T00:00:00-08:00

Citation: 209 So. 3d 606, 2016 Fla. App. LEXIS 18209

Snippet: did not violate the Fourth Amendment. See id. at 1005-06. This case is not different from Green in

James v. City of Tampa

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-10T00:00:00-07:00

Citation: 193 So. 3d 1040, 2016 WL 3201221, 2016 Fla. App. LEXIS 8926

Snippet: Sims v. Cristinzio, 898 So.2d 1004, 1005-06 (Fla. 2d DCA 2005) (citations omitted). III

Christiana Trust v. Taveras

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-19T00:00:00-08:00

Citation: 186 So. 3d 50, 2016 Fla. App. LEXIS 2464, 2016 WL 672012

Snippet: new and different breach of the mortgage. Id. at 1005-06. The mortgagor petitioned the supreme court to

Pudlit 2 Joint Venture, LLP v. Westwood Gardens Homeowners Association

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-27T00:00:00-07:00

Citation: 169 So. 3d 145, 2015 Fla. App. LEXIS 8020, 2015 WL 3388254

Snippet: Isle Prop. Owners Ass’n, 872 So.2d 1003, 1005-06 (Fla. 4th DCA 2004) (citation omitted). “Under …of its terms.” Shields, 872 So.2d at 1005-06 (citation omitted). In summary, the trial

Marybeth Leamer, as Trustee, etc. v. Marilyn B. White and Omni Amelia Island, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-29T00:00:00-08:00

Citation: 156 So. 3d 567

Snippet: Prop. Owners Ass’n, Inc., 872 So.2d 1003, 1005-06 (Fla. 4th DCA 2004); accord Klinow,

Philip Morris USA, Inc. v. Tullo

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-07T00:00:00-07:00

Citation: 121 So. 3d 595, 2013 WL 4007195, 2013 Fla. App. LEXIS 12337

Snippet: . Philip Morris USA v. Douglas, 83 So.3d 1002, 1005-06 (Fla. 2d DCA 2012), disapproved in part on other

Chaskes v. Gutierrez

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-15T00:00:00-07:00

Citation: 116 So. 3d 479, 2013 WL 1980214, 2013 Fla. App. LEXIS 7822

Snippet: ). . See Sims v. Cristinzio, 898 So.2d 1004, 1005-06 (Fla. 2d DCA 2005) ("A motion for directed

MacKendrick v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-09T00:00:00-07:00

Citation: 112 So. 3d 131, 2013 WL 1908406, 2013 Fla. App. LEXIS 7411

Snippet: guilt” test. See Johnson v. State, 53 So.3d 1003, 1005-06 & n. 3 (Fla.2010); Ventura v. State, 29 So.3d

Plantation Key Office Park, LLLP v. Pass International, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-04-03T00:00:00-07:00

Citation: 110 So. 3d 505, 2013 WL 1316336, 2013 Fla. App. LEXIS 5356

Snippet: something different in the written instrument.” Id. at 1005-06 (quoting Circle Mortgage Corp. v. Kline, 645 So

Madonna v. Gaynor ex rel. Gaynor

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-22T00:00:00-07:00

Citation: 95 So. 3d 990, 2012 WL 3588326, 2012 Fla. App. LEXIS 14000

Snippet: Florida. See Doe v. Thompson, 620 So.2d 1004, 1005-06 (Fla.1993). The allegations of the amended complaint

Kitroser v. Hurt

Court: Fla. | Date Filed: 2012-03-22T00:00:00-07:00

Citation: 85 So. 3d 1084, 37 Fla. L. Weekly Supp. 237, 2012 Fla. LEXIS 589, 2012 WL 952349

Snippet: within the scope of his employment. See id. at 1005-06.4 This Court held, however, that Thompson, who

Hurt v. Kitroser

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-08T00:00:00-08:00

Citation: 50 So. 3d 62, 2010 Fla. App. LEXIS 18633, 2010 WL 4962883

Snippet: .1981)). We approve this distinction. 620 So.2d at 1005-06. As recognized in Marine Midland Bank, N.A. v.

Hicks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-16T00:00:00-07:00

Citation: 41 So. 3d 327, 2010 Fla. App. LEXIS 10444, 2010 WL 2788652

Snippet: killer." Ellison v. State, 547 So.2d 1003, 1005-06 (Fla. 1st DCA 1989), approved in part and quashed

Coral Lakes Community Ass'n v. Busey Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-19T00:00:00-08:00

Citation: 30 So. 3d 579, 2010 Fla. App. LEXIS 1799, 2010 WL 567251

Snippet: Isle Prop. Owners Ass'n, 872 So.2d 1003, 1005-06 (Fla. 4th DCA 2004) (quoting Emerald Estates Cmty