STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA P.A.D.I. COLLEGE, )

JACKSONVILLE, )

)

Petitioner, )

)

vs. ) CASE NO. 80-0296

)

STATE BOARD OF INDEPENDENT )

POSTSECONDARY VOCATIONAL, ) TECHNICAL, TRADE & BUSINESS ) SCHOOLS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing Officer, Michael Pearce Dodson, held a final hearing in this case on June 25, 1980, in Tallahassee, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Paul J. Califano, President

Florida P.A.D.I. College 4593 St. Johns Avenue Jacksonville, Florida 32210

For Respondent: Gene T. Sellers, Esquire

Office of General Counsel Florida Board of Education Knott Building

Tallahassee, Florida 32301 PROCEDURAL BACKGROUND

These proceedings began on October 31, 1979, when Petitioner, Florida

1. College (PPC) filed a renewal application report with the State Baord of Independent Postsecondary Vocational, Technical. Trade and Business Schools (Board). By a letter dated January 13, 1980, the Board denied the license renewal for a variety of reasons, only one of which is material here. The Board objected to the use of the word "college" in the school's name. The timing of the denial as indicated by the record is peculiar. According to the denial letter, the Board met on October 16, 1979, and recommended denial; yet the renewal application was filed on October 31, 1979. In response to the denial, PPC on January 31, 1980, requested an administrative hearing.

   
   

   After a continuance at the request of PPC, the final hearing was held on June 15, 1980. At that time it was stipulated by the parties that PPC had met all the requirements for licensure except for its use of the word "college" in

   its name. PPC represented as its witness Paul J. Califano. The Board did not offer any witnesses. The parties offered joint exhibits 1-10 which were received into evidence.

   
   

   FINDINGS OF FACT

   
   

   1. Since October, 1974, Underwater Educators, Inc. has operated the school know as Florida P.A.D.I.1 college. The school has an international reputation and is one of the few schools in the United States of its kind or quality.

      Since its inception and until present, it has advertised itself and has been know all over the world under the name Florida P. A. D. I. College.

      
      

   2. PPC wants to use the word "college" in its name to distinguish the school from the neighborhood dive shops that offer a few courses in scuba diving, with minimal instruction.

      
      

   3. On its initial application with the Board and on every subsequent application for licensure since PPC first applied, it has used the name "Florida

      P.A.D.I. College". Its first license, a temporary one, was issued by the Board in the name of "Professional Association of Diving Instructors (P.A.D.I.)." Its permanent license, No. 166, was issued to "Professional Association of Diving Instructors (P.A.D.I. Jacksonville)." No evidence was presented that either the Board or PPC attempted to resolve the discrepancy between the name on the applications and the name on the license.

      
      

   4. PPC is a small technical school which provides instruction in all aspects of scuba diving. Its primary purpose is to educate its graduates to become proficient scuba instructors. The curriculum includes: the business aspects of sports diving, the physics of diving, the theory and practice of decompression, the management of open water training, American Red Cross safety courses, and the theory and practice of career counseling. The school is not a degree-granting academic institution.

      
      

      CONCLUSIONS OF LAW

      
      

   5. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this case. Section 120.57(1) and Section 120.65, Florida Statutes (1979).

      
      

   6. PPC is a school as defined in Section 246.203(1), Florida Statutes, a "college" is a school which furnishes or offers to furnish a "degree" or which offers instruction leading toward the prerequisites to an academic degree. The word "degree" is a term of art which means any academic or honorary title of designation, etc., such as bachelor, masters, doctorate, or fellow, which signifies the successful completion of an academic or professional program of study.

      
      

   7. PPC does not offer a program of instruction leading to a degree.

   8. Section 246.121, Florida Statutes, provides that "The designated use of a title, "college"

      or "university" in combination with any series of letters, numbers, or words shall be restricted in Florida to degree-granting institutions accredited as defined in s.

      246.021(1) or licensed under this chapter or

      such institutions as were in active operation and using such designation on April 1, 1970, except with respect to branches or divisions of the parent corporations."

      
      

      PPC has violated this provision in he past and if licensed in the name of Florida P.A.D.I. College, would continue to violate it in the future.

      
      

   9. By not meeting the statutory criteria for being a college, yet by advertising itself as a college, PPC (particularly in its catalog_ uses false, misleading, or exaggerated statements contrary to the minimum licensing requirements of Section 6F-2.02(9)(a), Florida Administrative Code.

      
      

   10. By its proposed use of the word "college" in its name PPC has failed to meet the minimum standards for licensure as a school under Chapter 246, Florida Statutes (1979), and Chapter 6F-2, Florida Administrative Code. This conclusion does not imply that PPC is not an excellent school providing a quality education to its students. It does mean that those factors are not significant in determining under Florida law which institutions can use the word "college" in their name.

RECOMMENDATION

In light of the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That the Florida State Board of Independent Post Secondary Vocational, Technical, Trade and Business Schools deny the application of Florida P. A. D.

I. College for a license under section 246.215 Florida Statutes (1979), until such time as the school applies for licensure in a name that does not use the word "college".

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 17th day of November, 1980.

MICHAEL PEARCE DODSON

Hearing Officer

Division of Administrative Hearings Collins Building

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of November, 1980.

COPIES FURNISHED:

Paul J. Califano, President Florida P. A. D. I. College 4593 St. Johns Avenue Jacksonville, Florida 32210

Gene T. Sellers, Esquire Office of General Counsel Floria Board of Education Knott Building Tallahassee, Florida 32301

Docket for Case No: 80-000296

Orders for Case No: 80-000296