SACS Compliance Certification Report (PDF) - South Florida State ...

SBE Rule 6A-14.077, Auxilary Services and Enterprises and Undesignated GiftsVending Contracts3.2.2.4Governance and Administration: Governing board control: FoundationsThe legal authority and operating control of the institution are clearly defined for the following areaswithin the institution’s governance structure:3.2.2.4 related foundations (athletic, research, etc.) and other corporate entities whoseprimary purpose is to support the institution and/or its programs.JudgmentCompliant Non-Compliant Not ApplicableNarrativeThe legal authority and operating control of the institution are clearly defined within the College'sgovernance structure as separate from the South Florida Community College Foundation (Foundation)MissionThe Foundation is the only direct support organization authorized by the South Florida CommunityCollege (SFCC) District Board of Trustees (DBOT) to operate on behalf of the college. The mission andpurpose of the Foundation, “to foster interest in and promote the welfare of the college…” relate directlyto, and flow from, the mission of the college.The legal authority for the approval and authorization of the Foundation is clearly defined in the FloridaStatute (FS) 1004.70 that relates to direct-support organizations operating on behalf of communitycolleges. Power to authorize the existence and operation of direct-support organizations is, in turn,conferred upon a community college's board. The SFCC DBOT has approved an institutional policy relatedto the operation of the Foundation, DBOT Policy 8.01, and provides annual reauthorization.The Foundation is a separately incorporated, 501(c)(3) organization. It is financially distinct from thecollege. Its financial position would in no way affect the financial soundness of the college.Legal Authority for Establishment of the FoundationLegal authority for the DBOT to establish the Foundation is clearly delineated in FS 1004.70 thatspecifically authorizes any community college's boards of trustees “to prescribe by rule any conditionwith which a community college direct-support organization must comply in order to use property,facilities, or personal services…”. Such direct support organizations must be “organized and operatedexclusively to receive, hold, invest, and administer property and to make expenditures to, or for thebenefit of, a community college.” Further, the community college's board of trustees, after review, mustannually certify a direct support organization to be operating in a manner consistent with the goals of thecommunity college and in the best interest of the state.The bylaws of the Foundation state that it “… functions only with the approval of the District Board ofTrustees of South Florida Community College” (SFCC Foundation Bylaws) and that it exists “to fosterinterest in and promote the welfare of the college” (SFCC Foundation Bylaws).Delegation of Operational ControlWith regard to operational control, the Foundation is governed by a locally elected board ofdirectors (SFCC Annual Report and College Plan 2008-2009). The Foundation's bylaws allow for aSouth Florida Community College Page 58 / 202maximum of 40 directors; however, the actual number serving has varied over the past five years from alow of 30 to a high of 36. The 2010 Florida Statutes specify that “the chair of the board of trustees shallappoint a representative to the board of directors and the executive committee of each direct-support