The Florida Senate

¹246.2265  Additional regulatory powers while disciplinary proceedings are pending; cease and desist orders.--

(1)  The board may, in conjunction with an administrative complaint or notice of denial of licensure, issue cease and desist orders for the purpose of protecting the health, safety, and welfare of students, prospective students, and the general public. Such orders may be mandatory or prohibitory in form and may order a nonpublic postsecondary career institution, officer, employee, or agent to:

(a)  Cease and desist from specified conduct which relates to acts or omissions stated in the administrative complaint or notice of denial of licensure; or

(b)  Cease and desist from failing to engage in specified conduct which is necessary to achieve or preserve the regulatory purposes of ss. 246.201-246.231.

(2)  Cease and desist orders may include, but not be limited to, orders to:

(a)  Cease the enrollment of new students or limit enrollment to those students who can be adequately served within the current facilities of the institution by the current officers and employees, or to limit enrollment to those students who meet more restrictive admissions standards.

(b)  Modify curricula or methods of instruction, as needed, to ensure that currently enrolled students receive the education or training of the type and quality represented in the institutional catalog.

(c)  Cease from advertising, to advertise only with prior approval of the board, or to publish or broadcast corrective or clarifying advertising, as needed, to overcome the effects of previous allegedly deceptive or misleading advertising.

(3)  Cease and desist orders issued pursuant to this section shall take effect immediately upon issuance and shall remain in effect until the board takes final agency action. A cease and desist order shall be reviewable at the request of the institution, officer, employee, or agent to whom it is directed as follows:

(a)  If formal proceedings have been requested and the matter has been referred to the Division of Administrative Hearings, a motion to abate or modify the cease and desist order may be filed with the division. Any interlocutory order of the presiding administrative law judge shall be binding on the parties until final agency action is taken by the board.

(b)  If informal proceedings before the board have been requested, the board may, at any regular board meeting, consider and determine a request from the affected party to abate or modify the cease and desist order.

(c)  If a party is aggrieved by a cease and desist order after seeking to have the order abated or modified pursuant to paragraph (a) or paragraph (b), the party may seek interlocutory judicial review by the appropriate district court of appeal pursuant to the applicable rules of appellate procedure.

(4)  The executive director of the board, with the approval of the chair of the board, may issue and deliver a cease and desist order to a nonpublic postsecondary career institution.

History.--ss. 25, 47, ch. 89-344; s. 4, ch. 91-429; s. 95, ch. 95-148; s. 56, ch. 96-410; s. 23, 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.