Division of Administrative Hearings, Florida
Filed: Apr. 25, 1997
The parties have agreed that the following issues are to be determined: Whether Section 246.215, Florida Statutes, requires Petitioners and similarly situated home health agencies to first obtain a license or authorization from the State Board of Independent Postsecondary Vocational, Technical, Trade, and Business Schools before offering a program of training. Whether Petitioner, Compassionate Care Health Services, Inc., and similarly situated home health agencies are exempt from the licensure requirement in Section 246.215, Florida Statutes, by application of the provision of Section 246.201, Florida Statutes, which states: ny school or business, regulated by the state or approved, certified, or regulated by the Federal Aviation Administration is hereby expressly exempt from ss. 246.201-246.231. . . . Whether Petitioner, Compassionate Care Health Services, Inc., and similarly situated home health agencies are exempt from the licensure requirement in Section 246.215, Florida Statutes, because they are excluded from the definition of "school" in Section 246.203(1), Florida Statutes, by application of the following underlined language within that definition: [S]chools offering only examination preparation courses for which they do not award a diploma as defined in subsection (6) do not fall under the authority granted in ss. 246.201-246.231; nor does a nonprofit class provided and operated entirely by an employer, a group of employers in related business or industry, or a labor union solely for its employees or prospective employees or members.Home health agencies are not exempt from Section 246.215, pursuant to Section 246.201, Florida Statutes.