The Florida Senate

¹246.227  Injunctive relief; unlicensed operation of a school; cease and desist notice; civil penalty.--

(1)  The board may obtain an injunction or take any action it deems necessary against any school or agent in violation of ss. 246.201-246.231, but no such proceedings and no orders issued therein or as a result thereof shall bar the imposition of any other penalties which may be imposed for the violation of this act.

(2)  An unlicensed nonpublic postsecondary career institution required to be licensed pursuant to ss. 246.201-246.231 that advertises or causes advertisements to be made public through which students are solicited for enrollment or are offered diplomas shall be in violation of the provisions of ss. 246.201-246.231. A licensed nonpublic postsecondary career institution that is under temporary or permanent injunction against operating or offering diplomas that advertises or causes advertisements to be made public through which students are solicited for enrollment or are offered diplomas shall be in violation of such injunctive order upon presentation to the court of the advertisement.

(3)  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 any nonpublic postsecondary career institution or agent required to be licensed pursuant to ss. 246.201-246.231 that is not so licensed. The board may file, in the name of the state, a proceeding which seeks issuance of an injunction against any person in violation of any provision of such order.

(4)  In addition to or in lieu of any remedy provided in this section, the board may seek the imposition of a civil penalty through the circuit court for any violation for which the board may issue a notice to cease and desist under this section. The civil penalty shall be no less than $500 and no more than $5,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney's fees and, in the event the board prevails, may also award reasonable costs of investigation.

History.--s. 13, ch. 74-360; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-323; ss. 5, 6, 7, ch. 81-67; ss. 2, 3, ch. 81-318; s. 7, ch. 84-94; ss. 10, 14, 15, ch. 86-275; s. 26, ch. 89-344; s. 4, ch. 91-429; s. 96, ch. 95-148; s. 24, 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¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.