DOE Home

Community Colleges

Procedures

Procedures for the Program Review System

Purpose

Section 1001.02 (6), Florida Statutes, requires the review of every major program in the Florida Community College System "e;every five years or whenever effectiveness or efficiency of a program is jeopardized."e; In addition, Rule 6A-10.039(1), Florida Administrative Code, requires the Division of Community Colleges and Workforce Education (DCCWE) to annually develop "e;a five-year program review plan or an annual update of the current five-year plan."e;

Procedures

Program review in the Florida Community College System is continuous and proactive rather than limited to once every five years or to when program effectiveness or efficiency is recognized as being in jeopardy. Program review is conducted by community college personnel, by independent and outside groups, and by staff members of the DCCWE. Examples of outside groups include licensing boards, state agencies, program or specialized accrediting groups, and the Commission on Colleges of the Southern Association of Colleges and Schools.

To that end, the comprehensive program review system designed by the community colleges and the State Board of Education contains three components. The first component is the annual generation by the DCCWE of descriptive and follow-up information about each program and the students therein for study and evaluation. This first component satisfies the cyclical program review requirement in statute and rule.

The second component is additional review of selected programs by community college personnel and by independent and outside groups. The third component is the system wide review of selected programs or groups of programs by the DCCWE to address issues of concern regarding those programs.

Program Review Components

Level I.This component includes the annual production of a display of data for each certificate and degree program. The data displays are used by the community colleges and the Division to review the programs to determine programs and elements within the programs that need additional review. The data display for the associate in arts degree program shows the performance of students in State University System upper division programs, and compares SUS native students with transfer students from Florida community colleges and with other transfer students. The performance measures are grade point averages, suspensions, graduations, average course loads, and credits earned for a degree. Performance parameters are established for the measures, and performance outside the parameters is flagged.

Level II.This component is the review of certificate and degree programs by the individual community colleges either independently or in cooperation with outside groups. For the associate in arts degree program, the community colleges review the discipline groupings within the degree program. A major element of that review is meetings between the discipline faculties at the community college and at the universities to which most of the community college's students transfer.

The Level I data displays constitute a major source of information upon which to base the selection of programs and discipline groupings for additional review through Level II. The community colleges annually report to the Division the programs and the discipline groupings that they plan to review, and they subsequently report the reviews and discipline grouping meetings actually conducted, along with the results.

Level III.This component is the system wide review of selected programs by the Division of Community Colleges to address issues of concern regarding those programs. The programs and issues for such review are determined by the Division based on Level I and Level II information, State Board of Education interests, legislative interests, and other stimuli. The purpose is to identify, study, and respond to issues or problems of system wide or statewide policy, funding, or articulation. Division staff design and conduct the reviews. The reviews are coordinated with other agencies and frequently include involvement from other agencies. The final product is posted to the DCCWE website for system wide access.

The Procedure

1. Use Level I data displays for A.S. and Workforce Certificate programs, along with cost data, to meet the 5 year requirements in Statute. The information available from the annual Accountability Report may be incorporated into this program review process.
2. Seek input from college representatives, consultants, and related agencies as needed for Level III reviews.
3. Incorporate SBOE/FCCS strategic plan goals and SACS criteria related to learning outcomes and institutional effectiveness as appropriate.
4. Establish a 5-year schedule of program reviews to be endorsed by the Council on Instructional Affaires (CIA), the Council of Presidents (COP), and the State Board of Community Colleges (SBCC).
5. Involve the entire Division staff in working on program review depending on the nature of the topic thus utilizing the expertise of all Division staff members

History

Date approved by the Council of Presidents: November 1, 2006
Date approved by the Chancellor: November 13, 2006

Procedures for Joint-Use Facility Needs Assessment

Purpose

The purpose of the assessment is to determine the need to build a joint use facility, including the need for the instruction to be conducted therein. Need shall be based on current, actual enrollment in the instruction that will be relocated to the joint use facility from leased, rented, or borrowed space in the locale. Need shall not be based on projected or anticipated future enrollment.

Section 1013.52 (1) (a), Florida Statutes, requires formal assessment and approval by the State Board of Education of proposals to build facilities to be used jointly by a community college and a public school, university, or other community college.

Procedures

The community college district board of trustees and the other participating board(s) together shall request a formal assessment by the State Board of Education. The participating boards together shall provide written responses to the following items, which shall constitute the basis for the assessment.

Items

1. Identify the instruction that each participating board is conducting in leased, rented, and borrowed space in the locale of the proposed joint use facility that will be housed in the proposed joint use facility.
2. Report the full-time equivalent (FTE) and the unduplicated headcount generated by the instruction identified under item one. Report the FTE and the headcount for each participating board according to the enrollment reporting categories for each of the three most recent reporting years, and project the same for the current year and the next year.
3. Identify on a map the location for the proposed joint use facility.
4. Describe the benefits that will demonstrate the need for the proposed joint use facility.
5. Provide any other information that will demonstrate the need for the proposed joint use facility.
6. Complete the written response with the signature of the designee of each participating board.

History

Date approved by the Council of Presidents: September 20, 2007
Date approved by the Chancellor: September 20, 2007

Procedures for Reviewing Audit Reports

Purpose

Section 1008.32, Florida Statutes, charges the State Board of Education with the responsibility to oversee the performance of district school boards and public postsecondary educational institution boards in enforcement of all laws and rules.

To assist the State Board in fulfillment of its oversight responsibility, the Department of Education as assigned will review community college financial and operational compliance audits.

Procedure

The following process will be used by the Division for reviewing the community college audit reports published by the Auditor General.

1. Upon receipt of a college audit report, it will be assigned to the Community College Office of Budget and Financial Services for review of findings and response from the college
2. A summary report of findings and the evaluation will be prepared by the Community College Office of Budget and Financial Services and submitted to the college President requesting the current status of the serious and/or repeat findings
3. Upon receipt of the current status response of serious and/or repeat findings from the college, a summary report of findings, responses and recommendations will be prepared for review by the Chancellor of the Division of Community Colleges.
4. Before the summary report of findings, responses, and recommendations is submitted to the Chancellor of the Division of Community Colleges, the Office of Budget and Financial Services will contact the President and the Chief Business Officer as appropriate to obtain answers to any questions relative to the audit and/or response for serious and/or repeat findings.
5. If the auditors and the college are in disagreement on the interpretation of a law or rule, an opinion may be requested from Legal Counsel of the Department of Education.
6. The audit summary reports will be presented to the Chancellor of the Division of Community Colleges for action on audits as necessary. The college Presidents may be requested to attend a meeting with the Chancellor of the Division of Community Colleges if a more detailed response is required than is in the Audit Finding Response Form. The Community College Office of Budget and Financial Services will review college status to ensure appropriate action has taken place.
7. The colleges will be notified of the actions and recommendations of the Chancellor of the Division of Community Colleges.
8. The Community College Office of Budget and Financial Services staff will assist the college in resolving issues and problems identified in the audit report findings and accomplishing follow-up actions requested by the Chancellor of the Division of Community Colleges.
9. Audit report findings regarding enrollment issues will be reported by the Chancellor to the Bureau of Research and Information Services so that appropriate follow-up actions may be completed. Such actions include adjustments to the annual count of funded full-time equivalent enrollment.
10. The Community College Office of Budget and Financial Services will work cooperatively with the Auditor General's Office to determine possible solutions to audit problems.

    It is the philosophy of the State Board of Community Colleges to work cooperatively with all entities and agencies involved with community colleges to resolve problems and issues in order to eliminate potential audit criticisms or findings. The State Board of Community Colleges may commend colleges when appropriate for outstanding audits.

History

Date Adopted by the State Board of Community Colleges: November 1992
Date Last Updated: July 14, 1995
Revised Date: April 3, 1998

Procedures for the Determination of Operating Cost of New Facilities Within the Legislative Budget Request

Purpose

Pursuant to Sections 1001.02(2)(e) and 1011.84(3)(b)4, Florida Statutes, these guidelines are to provide adequate operational funding for additional facilities acquired by community colleges in each fiscal year as a part of the Legislative Budget Request for the Community College Program Fund.

Procedures

1. Eligibility for Inclusion in the Budget Request
   1. Facilities must be owned or contracted for use through a lease with a term of five years or more.
   2. Facilities must be survey recommended as provided for in Section 1013.31, Florida Statutes.
   3. Leases must be effective after July 1, 1994 and must be cost-effective alternatives to new construction. Such space shall be included in the facility inventory of each college.
   4. The funding request shall not include space or facilities used primarily for recreation, intercollegiate athletics, auxiliary enterprises, self-supporting activities, and other specialized purposes which are not used as a component of the general education process.
2. Calculation of Cost
   1. The system annual average cost per gross square foot shall be multiplied by the number of eligible gross square feet for each college to determine the annual amount per college.
   2. Colleges may submit requests for an exception to this process if they can document extraordinary operating cost for specialized facilities and extraordinary usage. For example, indoor firing ranges may require higher utility consumption due to air handling and other environmental requirements.
3. Time Frame for Request
   1. The request shall be based on a fiscal year and made effective the year the facility becomes operational. If the facility is operational for less than a fiscal year, the request shall be proportional to the portion of the year the facility is operational.
   2. The distribution of state funds for new facilities shall be based upon the reported date of the college as to when the facilities is expected to be opened. If the actual date of operations differs from the basis of the budget request, the Division shall adjust the distribution of the Community College Program Fund accordingly in the subsequent fiscal year.
4. Submission of Requests by Colleges
   1. Colleges shall submit a request in a form approved by the Chancellor for Community Colleges and Workforce Education. The information in the request shall include the name and description of the project, the number of gross square feet, the fund source to construct the project, and the date the facility is expected to become operational.
   2. Requests shall be submitted on or about August 1 and February 10 of each year for the upcoming legislative session.
   3. The request will be reviewed and included in the Department of Education's Budget Request.

HISTORY

Date approved by the Council of Presidents: November 1, 2006
Date approved by the Chancellor: November 13, 2006

Procedures for Student FTE (Full-Time Equivalent) Estimates and Projections

Purpose

The purpose of this procedure is to establish a consistent and timely method of providing student FTE estimates for the Enrollment Estimating Conference. This method is based on the requirements established by the Enrollment Estimating Conference. The FTE Estimates are annualized estimates of the current reporting year Funded FTE, based on the current FTE enrollment from the Student Data Base. The FTE Estimates are developed at least twice a year and presented to the Enrollment Estimating Conference for approval. The FTE Estimates are used in the preparation of the legislative budget requests for the Community College System by the Office of the Governor, the Senate, the House of Representatives and the Division of Community Colleges and Workforce Education (DCCWE). These estimates provide information to the DCCWE for planning, budgeting and policy development.

Procedures

1. Student FTE Estimates
   1. Enrollment Estimating Conference

      The Enrollment Estimating Conference (EEC) and its duties are defined in Sections 216.136 and 216.137, Florida Statutes. The duties include developing such official information relating to the state public educational system, including forecasts of student enrollments, as the conference determines is needed for the state planning and budgeting system. The principals for the EEC are professional staff of the Executive Office of the Governor, the coordinator of the Division of Economic and Demographic and professional staff of the Senate and House of Representatives who have forecasting expertise or their designees. The responsibility of presiding over sessions of the conference shall be rotated among the principals. Actions by the conference shall be by consensus. A session of the EEC may be convened, after adequate notice, at the call of any principal.

   2. Enrollment Estimating Conference Sessions

      The following sessions are generally held each year. The sessions and dates are dependent upon need, except the Impact Conference must be held after each regular session of the Legislature.
      June - Impact Conference

      Conference to review the impact of changes in the law on FTE enrollment.

      September - FTE-3, Final FTE Enrollments for the Year

      Conference reviews the final End-of-Term FTE enrollments for the past reporting year. The five-year projections for the FTE Enrollment Plan are reviewed.

      November - FTE-1 Estimates

      The FTE-1 Estimates are developed from the Summer End-of-Term and Fall Beginning-of-Term submissions of the Student Data Base. The FTE-1 Estimates adopted by this conference are used in the Governor's budget request.

      March - FTE-2 Estimates

      The FTE-2 Estimates are developed from the Summer and Fall End-of-Term and Winter/Spring Beginning-of-Term submissions of the Student Data Base. The FTE-2 Estimates adopted by this conference are used in the Senate's and House of Representatives' legislative budget requests.

   3. Development of FTE Estimates

      The FTE Estimates process and data model were developed by the DCCWE in cooperation with the EEC. For FTE Estimates provided to the EEC, any changes to the process or data model must have consensus approval of the EEC. The DCCWE will use the FTE Estimates developed for the EEC unless special circumstances arise as determined by the Chancellor. The bureau of Community College and Technical Center Management Information Systems (CCTCMIS) will develop the FTE Estimates as required by the EEC. When the FTE-1 and FTE-2 Estimates are produced depends upon the submission dates of the Student Data Base and the needs of the Office of the Governor and the Legislature. Each year, the CCTCMIS will set a date in the Student Data Base submission periods, by which colleges must submit data for generation of the FTE Estimates. For colleges who submit data by this date, the FTE Estimates will be submitted to these colleges for review. For any college who submits data after this date, the FTE Estimates will be generated by the CCTCMIS, but the estimates will not be submitted to the college for review. The CCTCMIS will produce the estimates for students eligible for state funding in the Community College Program Fund. The data will be reported by the program areas required by law and by the needs of the EEC.

   4. Review by Colleges

      Upon completing the production of the FTE Estimates, the CCTCMIS will provide the estimates for review to the president of each community college which has submitted data by the date set in the Student Data Base Submission. Presidents will be given as much time as possible to recommend adjustments to the FTE projections. Because of the needs of the Office of the Governor and the Legislature and the time needed by the colleges to submit the Student Data Base, the time allowed for review will be minimal. The colleges may adjust the FTE Estimates based on valid and sufficient justification, but may not replace these estimates with the college's own estimates. Such justification may include addition or expansion of programs, change in designations of sites, curricular changes, new or expanded industry requirements and educational policy issues. Colleges will submit a certification form indicating the college has reviewed the FTE estimates and whether adjustments are being recommended. The certification form must be signed by the President and the Business Officer.

   5. Submission to the Enrollment Estimating Conference

      Prior to next meeting of the EEC, the DCCWE and CCTCMIS will review the college adjustments to the FTE Estimates and the accompanying justifications to anticipate any questions or concerns the EEC members may have. The DCCWE or CCTCMIS will notify the colleges of any concerns or questions about the estimates or justifications. The college will be given an opportunity to make changes to the data or justifications. DCCWE and CCTCMIS staff will present the FTE Estimates, the college adjustments and the justifications to the EEC. The EEC must approve the FTE Estimates by consensus.

2. FTE Enrollment Plan
   1. Introduction

      The purpose of this procedure is to establish a consistent timely method to provide student FTE projections to the DCCWE and to the community college system for planning and policy development. These FTE projections are used in the development of the DCCWE's budget.

   2. of Projections

      Each year before the development of the DCCWE budget request, the CCTCMIS will generate six year FTE projections for students eligible for state funding in the Community College Program Fund. The FTE projections will be reported by the same program areas as used in the FTE Estimates.

   3. Review by Colleges

      Upon completing the generation of the FTE Enrollment Plan projections, the CCTCMIS will provide the projections to the president of each community college for review. Presidents will have no less than 30 days to recommend adjustments to the FTE projections. The College may adjust the projections based upon valid and sufficient justification. Such justification may include addition or expansion of programs, change in designations of sites, curricular changes, new or expanded industry requirements and educational policy issues. Colleges will submit a certification form indicating the college has reviewed the FTE estimates and whether adjustments are being recommended. The certification form must be signed by the President and the Business Officer.

   4. Submission to the Community Colleges

      After consideration of recommended college changes, the CCTCMIS will submit the official FTE Enrollment Plan projections to the community colleges within 30 days of the due date. The first year of these projections will remain in effect until the FTE-1 Estimates are adopted by the Enrollment Estimating Conference. The remaining years will be in effect until the next annual submission of the FTE Enrollment Plan or special circumstances arise as determined by the Chancellor.

   5. Development of Ten Year Projections

      The CCTCMIS will use the FTE Enrollment Plan projections to develop 10 year projections when the need arises. The 10 year projections will be reported only by college or system totals.

3. Student FTE Projections for Fixed Capital Outlay
   1. Introduction

      The purpose of this procedure is to establish a consistent and timely method to provide student FTE projections to the Educational Facilities Technical Assistance (EFTA) section of the Office of Educational Facilities. Each community college must do an educational plant survey at least every five years as prescribed in Section 235.15, Florida Statutes. The specifics for completing the survey are defined in the State Requirements for Educational Facilities - 1944 as stated in 6A-2.0111 Florida Administrative Code. The CCTCMIS will provide student FTE projections to the community colleges and EFTA to complete the educational plant surveys. These projections are also intended to provide information to the DCCWE for planning and policy development.

   2. Capital Outlay FTE Projection Process

      The CCTCMIS will generate the Capital Outlay FTE projections for five years past the latest Appropriation Bill budget year. The FTE projections are reported by Campus, Center or other sites listed in the Facilities and Capital Outlay Data Base. The FTE projections are based on students who require permanent facilities and who are eligible for state funding in the Community College Program Fund. Reports to the EFTA will aggregate data by Occupational and Non-Occupational FTE.

   3. Review by Colleges

      Upon completing the generation of the Capital Outlay FTE projections, the CCTCMIS will provide the projections to the president of each community college for review. Presidents will have no less than 30 days to recommend adjustments to the FTE projections. The College may adjust the projections based upon valid and sufficient justification. Such justification may include addition or expansion of programs, change in designations of sites, curricular changes, new or expanded industry requirements and educational policy issues. Colleges will submit a certification form indicating the college has reviewed the projections and whether adjustments are being recommended. The certification form must be signed by the President and the Business Officer.

   4. Submission to Educational Facilities Technical Assistance and the Community Colleges

      After consideration of recommended college changes, the CCTCMIS will submit the official Capital Outlay FTE projections to EFTA and the community colleges by September 1 of each year. These projections will remain in effect until the next annual submission to EFTA unless an emergency or special circumstance arises as determined by the Chancellor.

History

Date approved by the Council of Presidents: November 1, 2006
Date approved by the Chancellor: November 13, 2006

Procedures to Request Campus, Center, Special Purpose Center and Instructional Site Designation

Purpose

These procedures are established to facilitate Section 1001.02(7)(e), Florida Statutes and State Board of Education Rule 6A-14.0061, Florida Administrative Code, Campus, Center, Special Purpose Center and Instructional Site Designations.

Procedures

1. Submission of Request to Division

   A request to designate a campus, center, or special purpose center shall be made to the Chancellor of the Division of Community Colleges not less than six (6) weeks prior to action by the State Board of Education. The request must indicate approval by the local Board of Trustees of the College. Instructional sites are used at the discretion of each college and do not require State Board approvals. The request format shall answer the criteria specified below.

2. Criteria specified in Rule 6A-14.0061, FAC, for Campus, Center and Special Purpose Center Designations, require that the request:
   1. Explain how the proposed campus, center or special purpose center is a part of and consistent with the long-range master plan of the college. Include a copy of that portion of the college's long-range master plan.
   2. Justify that expanded or new instructional and support services are necessary to adequately serve the community college district.

   3. Document that the official fixed capital outlay student FTE enrollments have already achieved three thousand (3,000) full-time equivalent students at each existing campus and that projected student enrollments are stable or increasing.

      Utilize the official fixed capital outlay FTE enrollment projections which illustrate at least one thousand (1,000) full-time equivalent students for a proposed campus, or at least four hundred (400) FTE for a proposed center. Provide also historical enrollments for at least five years prior to the current year by campus and center (existing and proposed) which can be reconciled to the FTE-3 Enrollments Reports for the college. Total FTE enrollments for the college should equal those reported on the FTE-3 Enrollment Report. (Note: Enrollments are based on forty (40) student semester hours and thirty (30) credit hour equivalents equal to one (1) FTE.) The above is not necessary for a special purpose center, however, documentation must be provided to show that the projected enrollments for the special purpose center justify the need for an additional site for the college.

   4. Certify that facilities at existing campuses, centers or special purpose centers (already established by the State Board of Education or by prior state action), are substantially complete and utilized. (Note: If a campus(es), center(s) or special purpose center(s) is not complete, show a completion date and indicate when the proposed campus, center or special purpose center is to be developed, consistent with completion of other campuses or centers.)
   5. Provide documentation that the proposed campus or center is with the cooperation of other educational agencies within the community college district and adjacent to the district. Letters of agreement from the school district, regional coordinating councils and community college president (s) should be included.
   6. Evaluate alternatives to the proposed expansion, such as underutilized, vacant facilities, or leased facilities were considered by the board of trustees. Include a complete analysis of alternatives. Document that if there are projected facility needs for a new campus, center or special purpose center, what facilities are contemplated. What is the justification for such facilities and what are the projected costs.
   7. Possible exceptions to these criteria for establishing a campus, center or special purpose center are listed below. Address only those exceptions which apply. For each applicable exception, explain fully how the particular exception impacts upon corresponding criteria. Possible exceptions are:
      1. The nature of the services to be provided.
      2. The number and types of students to be served.
      3. The characteristics of the population to be served.
      4. Transportation problems.
      5. The lack of acceptable sites and facilities.
      6. Energy conservation.
      7. Population shifts within the service area.
3. Justification for Designation

   The request must provide a b statement justifying the need for establishing the campus or center. This discussion should provide justification for the expenditure of public funds. The following items should be fully discussed:

   1. Programmatic needs of the area. Identify the degrees and certificate programs to be offered at the proposed location and explain how this request will affect supply and demand for these programs.
   2. Geographic considerations. Explain why the proposed campus or center is to be located in the area selected. Include a map of the community college district which shows distances from the main campus and centers, including the one proposed.
   3. Other factors which contribute to the need for a campus or center including increases or shifts in population.
4. Division Technical Support

   Division staff shall assist and represent all designations to the State Board of Education.

   NOTE: If site designation approval is given, the Board of Trustees of the College comply with certain criteria established in Section 1.4, State Requirements for Educational Facilities, before selecting a site.

   ---

   History
   Date approved by the Council of Presidents: November 1, 2006
   Date approved by the Chancellor: November 13, 2
   

   Procedures for Reviewing Community Colleges Direct Support Organizations Audit Reports

   Purpose

   Section 1001.64(39), Florida Statutes, charges the local community college board of trustees with the responsibilities of audit review and oversight of direct-support organizations.

   Section 1001.02(9), Florida Statutes, charges the State Board of Education with the responsibility to "prescribe minimum standards, definitions, and guidelines for community colleges and state universities that will ensure the quality of education, coordination among the community colleges and state universities, and efficient progress toward accomplishing the community college and state university mission."

   Section 1004.70, Florida Statutes, requires each Direct Support Organizations (DSO) to submit its annual financial audit report to the State Board of Education for review. These procedures implement that review process.

   Procedures

   Based on the philosophy of the State Board to work cooperatively with all entities and agencies involved with community colleges to resolve problems and issues in any area, the following process will be used by the Department of Education for reviewing the DSO audit reports published by an independent certified public accountant:

   The audit review checklist, which is detailed within these procedures is submitted by the president and transmitted with the DSO audit to the Department of Education.

   The DSO audits and the audit review checklist are assigned to the Community College Office of Budget and Financial Services for review.

   1. If an audit review checklist is submitted with all responses in the affirmative, the DSO audit shall be transmitted to the Chancellor of the Division of Community Colleges for review.
   2. If an audit review checklist does not include all positive responses, the DSO audit shall be sent back to the college for corrective action or justification prior to review by the Chancellor of the Division of Community Colleges.

History

Date approved by the Council of Presidents: November 1, 2006
Date approved by the Chancellor: November 13, 2006

Direct Support Organizations Audit Review Check List

College President's Response to DSO Audit:

In accordance with Section 1004.70 (2), Florida Statutes, did the chairperson of the board of trustees appoint a representative to the board of directors and the executive committee of each direct support organization established under Section 1004.70, Florida Statutes?

______YES _______NO

In accordance with Section 1004.70(2), Florida Statutes, did the president or the president's designee serve on the board of directors and the executive committee of the college's direct support organization?

______YES _______NO

In accordance with Section 1004.70(4)(c), Florida Statutes, did the board of trustees approve all transactions or agreements between one direct support organization and other direct support organizations or between a direct support organization and a center of technology innovation designated under s.1004.77, Florida Statutes?

______YES _______NO _______N/A

In accordance with Section 1004.70(5), Florida Statutes, did this direct support organization submit to the board of trustees a copy of its federal IRS Application for Recognition of Exemption form (Form 1023) and its federal IRS Return of Organization Exempt from Income Tax form (Form 990)?

______YES _______NO _______N/A

Did the board of trustees review the following issues and accept the annual audit.
College support of direct support organization's operating expenses. Annual change in the direct support organization's net assets. Direct Support Organization's ability to cover indebtedness (both current and projected).

______YES _______NO

President's Signature and Date ___________________________________

Board of Trustees Chairman's Signature and Date _____________________________________

Procedures for Contractual Provisions for Community College Construction Contracts

Purpose

The following provisions are recommended to be included in all community college construction contracts in order to promote timely payments to subcontractors for work satisfactorily completed.

Procedures

Subcontractors, forty-five (45) days after satisfactory completion of their work on the Contractor's project, can invoice the Contractor for the remainder of unpaid work, including the full value of the retainage related to their work, less the value of any item contested in accordance with the terms and conditions of the construction Contract. The Subcontractor shall include a conditional release of lien and all appropriate warranties and closeout documentation with this final payment invoice to the Contractor. The Contractor must include this subcontractor payment request in the next Application for Payment in the pay application cycle to the Architect following the receipt of the subcontractor payment request, if deemed to be complete and in compliance with this section. The owner shall process the payment request within 20 days of receipt of the Certificate for Payment from the Architect, and shall include payment of the retainage, less the value of any contested item, in its next payment to the Contractor. When a Contractor receives payment from the Owner for labor, services, or materials furnished by subcontractors and suppliers hired by the Contractor, the Contractor shall remit payment due to those subcontractors and suppliers, less the value of any item contested in accordance with the terms and conditions of the construction Contract, within ten (10) days after the Contractor's receipt of payment.

Colleges should require the contractor to include the following provision in all construction contracts to promote timely payments to subcontractors for services properly completed to the Owner: "When the Contractor receives payment from the Owner for labor, services, or materials furnished by subcontractors and suppliers hired by the Contractor for the project, the Contractor shall remit payment due to those subcontractors and suppliers, less the value of any item contested in accordance with the Contract, within 10 days after the Contractor's receipt of payment from the Owner. When the payment due the subcontractor is for final payment, including retainage, the subcontractor must include with the invoice for final payment a conditional release of lien and all appropriate warranties and closeout documentation. When the subcontractor receives payment from the Contractor for labor, services, or materials furnished by subcontractors and suppliers hired by the subcontractor, the subcontractor shall remit payment due to those subcontractors and suppliers, less the value of any item contested in accordance with the Contract, within ten (10) days after the subcontractor's receipt of payment."

This provision shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor (et al.), (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor.

History

Date approved by the Council of Presidents: February 27, 2004
Date approved by the Chancellor: March 2, 2004

Procedures for Reviewing Audit Reports

Purpose

Section 1008.32, Florida Statutes, charges the State Board of Education with the responsibility to oversee the performance of district school boards and public postsecondary educational institution boards in enforcement of all laws and rules.

To assist the State Board in fulfillment of its oversight responsibility, the Department of Education as assigned will review community college financial and operational compliance audits.

Procedure

The following process will be used by the Department for reviewing the community college audit reports published by the Auditor General.

1. Upon receipt of a college audit report, it will be assigned to the Community College Office of Budget and Financial Services for review of findings and response from the college.
2. A summary report of findings and the evaluation will be prepared by the Community College Office of Budget and Financial Services and submitted to the college President requesting the current status of the serious and/or repeat findings
3. A summary report of findings and the evaluation will be prepared by the Community College Office of Budget and Financial Services and submitted to the college President requesting the current status of the serious and/or repeat findings
4. Upon receipt of the current status response of serious and/or repeat findings from the college, a summary report of findings, responses and recommendations will be prepared for review by the Chancellor of the Division of Community Colleges.
5. Before the summary report of findings, responses, and recommendations is submitted to the Chancellor of the Division of Community Colleges, the Office of Budget and Financial Services will contact the President and the Chief Business Officer as appropriate to obtain answers to any questions relative to the audit and/or response for serious and/or repeat findings.
6. If the auditors and the college are in disagreement on the interpretation of a law or rule, an opinion may be requested from Legal Counsel of the Department of Education.
7. The audit summary reports will be presented to the Chancellor of the Division of Community Colleges for action on audits as necessary. The college Presidents may be requested to attend a meeting with the Chancellor of the Division of Community Colleges if a more detailed response is required than is in the Audit Finding Response Form. The Community College Office of Budget and Financial Services will review college status to ensure appropriate action has taken place.
8. The colleges will be notified of the actions and recommendations of the Chancellor of the Division of Community Colleges.
9. The Community College Office of Budget and Financial Services staff will assist the college in resolving issues and problems identified in the audit report findings and accomplishing follow-up actions requested by the Chancellor of the Division of Community Colleges.
10. Audit report findings regarding enrollment issues will be reported by the Chancellor to the Bureau of Research and Information Services so that appropriate follow-up actions may be completed. Such actions include adjustments to the annual count of funded full-time equivalent enrollment.
11. The Community College Office of Budget and Financial Services will work cooperatively with the Auditor General's Office to determine possible solutions to audit problems.

It is the philosophy of the State Board of Education and Chancellor to work cooperatively with all entities and agencies involved with community colleges to resolve problems and issues to eliminate potential audit criticisms or findings. The State Board of Education and/or the Chancellor may commend colleges when appropriate for outstanding audits.

History
Date Approved by the Council of Presidents: September 20, 2007
Date Approved by the Chancellor: September 20, 2007

For questions & comments regarding education issues: | For questions & comments regarding this Web site: E-mail Webmaster
Accessibility | Copyright Florida Department of Education ©2005 | Privacy Statement | Public Records
Free Downloads: Acrobat Reader | Excel Viewer 2003 | Word Viewer 97/2000 | PowerPoint Viewer 2003
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.