The Florida Senate

¹240.311  State Board of Community Colleges; powers and duties.--

(1)  The State Board of Community Colleges shall serve as the director of the Division of Community Colleges of the Department of Education.

(2)  The State Board of Community Colleges is responsible for the operation and maintenance of a state community college system, as defined in s. 228.041(1)(b), in a coordinated, efficient, and effective manner. The State Board of Community Colleges has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it. Such rules and policies shall be submitted to the State Board of Education for approval. If any rule is not disapproved by the State Board of Education within 45 days of its receipt by the State Board of Education, the rule shall be filed immediately with the Department of State.

(3)  The State Board of Community Colleges shall:

(a)  Provide for each community college to offer educational training and service programs designed to meet the needs of both students and the communities served.

(b)  Provide, through rule, for the coordination of the Florida Community College System.

(c)  Review new associate degree, diploma, and certificate programs for relationship to student demand; conduct periodic reviews of existing programs; and provide rules for termination of associate degree or certificate programs when excessive duplication exists.

(d)  Ensure that the rules and procedures of community college district boards relating to admission to, enrollment in, employment in, and programs, services, functions, and activities of each college provide equal access and equal opportunity for all persons.

(e)  Advise presidents of community colleges of the fiscal policies adopted by the Legislature and of their responsibilities to follow such policies.

(f)  Specify, by rule, procedures to be used by the boards of trustees in the annual evaluations of presidents and formally review the evaluations of presidents by the boards of trustees.

(g)  Recommend to the State Board of Education minimum standards for the operation of each community college as required in s. 240.325, which standards may include, but are not limited to, general qualifications of personnel, budgeting, accounting and financial procedures, educational programs, student admissions and services, and community services.

(h)  Establish an effective information system which will provide composite data about the community colleges and assure that special analyses and studies about the colleges are conducted, as necessary, for provision of accurate and cost-effective information about the colleges and about the community college system as a whole.

(i)  Encourage the colleges and the system as a whole to cooperate with other educational institutions and agencies and with all levels and agencies of government in the interest of effective utilization of all resources, programs, and services.

(j)  Establish criteria for making recommendations relative to modifying district boundary lines and for making recommendations upon all proposals for the establishment of additional centers or campuses for community colleges.

(k)  Develop a plan in cooperation with the local school district and the Department of Education to include any and all counties in a community college service district.

(l)  Assess the need to consolidate any community colleges.

(m)  Develop and adopt guidelines relating to salary and fringe benefit policies for community college administrators, including community college presidents.

(n)  Develop and adopt guidelines relating to official travel by community college employees.

(o)  Receive an annual administrative review of each community college.

1.  Such review shall include, but is not limited to, the administrator-to-faculty ratio, the percent of funds for administrative costs in the total budget, and the percent of funds in support programs compared to the percent of funds in instructional programs and may include such other indicators of quality as are necessary.

2.  The review shall also include all courses offered by a community college outside its district. Courses offered outside the home district which are not approved by the State Board of Community Colleges shall not be counted for funding purposes or to meet enrollment assignments. For purposes of this subparagraph, electronically originated instruction, to include satellite, broadcast, and Internet delivered instruction, shall be exempt. Exemption is only permitted when the community college's intent is to offer the instruction for students residing within the community college's home district and only markets the instruction to students residing within the community college's home district. If a community college's intent is to market the electronically originated instruction outside its home district and thus recruit students outside its home district, the community college must receive the approval of the State Board of Community Colleges. The State Board of Community Colleges shall have authority to review any electronically originated instruction for compliance with this section.

(p)  Encourage and support activities which promote and advance college and statewide direct-support organizations.

(q)  Specify, by rule, the degree program courses that may be taken by students concurrently enrolled in college-preparatory instruction.

(4)  The State Board of Community Colleges shall appoint, and may suspend or dismiss, an executive director of the community college system. The board shall fix the compensation for the executive director and for all other professional, administrative, and clerical employees necessary to assist the board and the executive director in the performance of their duties. The executive director shall serve as executive officer and as secretary to the board; shall attend, but not vote at, all meetings of the board except when on authorized leave; shall be in charge of the offices of the board, including appointment and termination of staff; and shall be responsible for the preparation of reports and the collection and dissemination of data and other public information relating to the Florida Community College System. The executive director shall conduct systemwide program reviews for board approval; prepare the legislative budget request for the system; and, upon the request of the board, represent the system before the Legislature and the State Board of Education, including representation in the presentation of proposed rules to the State Board of Education. The board may, by rule, delegate to the executive director any of the powers and duties vested in or imposed upon it by this part. Under the supervision of the board, the executive director shall administer the provisions of this part and the rules established hereunder and all other applicable laws of the state.

(5)  The State Board of Community Colleges is responsible for reviewing and administering the state program of support for the Florida Community College System and, subject to existing law, shall:

(a)  Review and approve all budgets and recommended budget amendments in the Florida Community College System.

(b)  Recommend to the Commissioner of Education all requests for appropriations for inclusion in the Commissioner of Education's budget presentation to the Governor, as chief budget officer of the state, in the manner provided in chapter 216.

(c)  Provide for and coordinate implementation of the community college program fund in accordance with provisions of ss. 240.359 and 240.323 and in accordance with rules of the State Board of Education.

(d)  Adopt, and submit to the Legislature, a 3-year list of priorities for fixed capital outlay projects.

(6)  The State Board of Community Colleges is authorized to exercise any other powers, duties, and responsibilities necessary to carry out the purposes of this part, except that powers and duties granted to the several district boards of trustees by ss. 240.315, 240.317, 240.319, and 447.203 shall remain with the several district boards of trustees.

(7)  The State Board of Community Colleges shall adopt rules and procedures to be followed by district boards of trustees for the recruitment, consideration, and selection process for presidents of the community colleges. The rules or procedures shall address, at a minimum, the following: the composition of a search committee that provides for membership representing the gender and ethnic diversity of the community, faculty, students, and staff; the program mix of the community college and priorities of the community and board of trustees; and a recruitment and consideration process that provides a candidate pool with ethnic and gender diversity appropriate for the community college district. The district board of trustees is responsible for the appointment of the community college president, pursuant to s. 240.319(4)(a). Upon selection of a president by a board of trustees, the board of trustees shall submit a report to the State Board of Community Colleges documenting compliance with this subsection.

(8)(a)  The State Board of Community Colleges is authorized to develop and produce work products which relate to mechanisms to provide for consolidated and coordinated program development and educational endeavors to support distance learning instruction which are subject to trademark, copyright, or patent statutes. To this end, the board shall consider the relative contribution by the personnel employed in the development of such work products and shall enter into binding agreements with such personnel, organizations, corporations, or government entities, which agreements shall establish the percentage of ownership of such trademarks, copyrights, or patents. Any other law to the contrary notwithstanding, the board is authorized in its own name to:

1.  Perform all things necessary to secure letters of patent, copyrights, and trademarks on any such work products and to enforce its rights therein.

2.  License, lease, assign, or otherwise give written consent to any person, firm, or corporation for the manufacture or use thereof on a royalty basis or for such other consideration as the board deems proper.

3.  Take any action necessary, including legal action, to protect the same against improper or unlawful use or infringement.

4.  Enforce the collection of any sums due the board for the manufacture or use thereof by any other party.

5.  Sell any such work products and execute all instruments necessary to consummate any such sale.

6.  Perform all other acts necessary and proper for the execution of powers and duties provided by this paragraph.

Any proceeds therefrom shall be deposited and expended by a Florida not-for-profit corporation, incorporated under the provisions of chapter 617 and approved by the Department of State, to be used as directed by the board to pay the cost of producing and disseminating educational materials and products to carry out the intent of this act. Any action taken by the board in securing or exploiting such trademarks, copyrights, or patents shall, within 30 days, be reported by the board to the Department of State.

(b)  The board is authorized to publish, produce, or have produced materials and products and shall make them readily available for appropriate use in the state system of education. The board is authorized to charge an amount adequate to cover the essential cost of producing and disseminating such materials and products in the state system of education and is authorized to sell copies for educational use to nonpublic schools in the state and to the public.

(c)  Any Florida not-for-profit corporation receiving funds pursuant to this section shall make provisions for an annual postaudit of its financial accounts to be conducted by an independent certified public accountant in accordance with rules to be adopted by the board. The annual audit report shall be submitted to the Auditor General and the board for review. The board and the Auditor General shall have the authority to require and receive from the organization or from its independent auditor any detail or supplemental data relative to the operation of the organization.

(d)  By December 31, 1999, and annually thereafter, the State Board of Community Colleges shall report on the implementation of this ²section to the Speaker of the House of Representatives and the President of the Senate.

History.--s. 46, ch. 79-222; s. 5, ch. 81-193; s. 151, ch. 81-259; s. 37, ch. 82-241; s. 18, ch. 83-326; s. 30, ch. 84-336; s. 14, ch. 85-196; s. 40, ch. 94-230; ss. 6, 10, ch. 95-392; s. 6, ch. 95-411; s. 16, ch. 98-58; s. 2, ch. 98-99; s. 36, ch. 98-200; s. 7, ch. 98-421; s. 12, ch. 99-13; s. 2, ch. 99-249; s. 5, ch. 99-354; 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.

²Note.--As created by s. 5, ch. 99-354. Section 240.311(8) was also created by s. 6, ch. 99-249, and that version used the word "act."