Florida Senate - 2015                                     SB 938
       
       
        
       By Senator Flores
       
       
       
       
       
       37-00784B-15                                           2015938__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education
    3         affordability; amending s. 212.08, F.S.; exempting
    4         textbooks required for a course offered by a public or
    5         nonpublic postsecondary educational institution from
    6         the sales and use tax; amending s. 1001.7065, F.S.;
    7         conforming provisions to changes made by the act;
    8         creating s. 1004.084, F.S.; requiring the Board of
    9         Governors and the State Board of Education to identify
   10         strategies and initiatives to reduce the cost of
   11         higher education; requiring a report to the Governor,
   12         the President of the Senate, and the Speaker of the
   13         House of Representatives by a certain date; amending
   14         s. 1004.085, F.S.; defining the term “instructional
   15         materials”; revising textbook policies and procedures
   16         to include instructional materials; requiring a public
   17         postsecondary institution to post in its course
   18         registration system and on its website information
   19         relating to required and recommended textbooks and
   20         instructional materials and prices; requiring the
   21         State Board of Education and the Board of Governors to
   22         adopt textbook and instructional materials
   23         affordability policies, procedures, and guidelines;
   24         providing requirements for the use of adopted
   25         undergraduate textbooks and instructional materials;
   26         authorizing exceptions by an institution’s president
   27         or designee; requiring annual reporting of textbook
   28         and instructional materials cost information and
   29         affordability policies and procedures to the
   30         Chancellor of the Florida College System or the
   31         Chancellor of the State University System; requiring
   32         electronic copies of the affordability policies and
   33         procedures be sent annually to the State Board of
   34         Education or the Board of Governors; amending s.
   35         1009.22, F.S.; revising the amount tuition may vary
   36         for the combined total of the standard tuition and
   37         out-of-state fees; amending s. 1009.23, F.S.;
   38         prohibiting resident tuition at a Florida College
   39         System institution from exceeding a specified amount
   40         per credit hour; revising the amount tuition may vary
   41         for the combined total of the standard tuition and
   42         out-of-state fees; requiring colleges to publicly
   43         notice meetings regarding proposed tuition or fee
   44         increases; amending s. 1009.24, F.S.; prohibiting
   45         resident undergraduate tuition at a state university
   46         from exceeding a specified amount per credit hour;
   47         removing a Board of Governors designee’s permission to
   48         establish graduate and professional tuition;
   49         prohibiting graduate and professional program tuition
   50         from exceeding a specified amount; requiring
   51         universities to publicly notice meetings regarding
   52         proposed tuition or fee increases; providing an
   53         effective date.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Paragraph (r) of subsection (7) of section
   58  212.08, Florida Statutes, is amended to read:
   59         212.08 Sales, rental, use, consumption, distribution, and
   60  storage tax; specified exemptions.—The sale at retail, the
   61  rental, the use, the consumption, the distribution, and the
   62  storage to be used or consumed in this state of the following
   63  are hereby specifically exempt from the tax imposed by this
   64  chapter.
   65         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
   66  entity by this chapter do not inure to any transaction that is
   67  otherwise taxable under this chapter when payment is made by a
   68  representative or employee of the entity by any means,
   69  including, but not limited to, cash, check, or credit card, even
   70  when that representative or employee is subsequently reimbursed
   71  by the entity. In addition, exemptions provided to any entity by
   72  this subsection do not inure to any transaction that is
   73  otherwise taxable under this chapter unless the entity has
   74  obtained a sales tax exemption certificate from the department
   75  or the entity obtains or provides other documentation as
   76  required by the department. Eligible purchases or leases made
   77  with such a certificate must be in strict compliance with this
   78  subsection and departmental rules, and any person who makes an
   79  exempt purchase with a certificate that is not in strict
   80  compliance with this subsection and the rules is liable for and
   81  shall pay the tax. The department may adopt rules to administer
   82  this subsection.
   83         (r) School books and school lunches; institution of higher
   84  learning prepaid meal plans; postsecondary education textbooks.—
   85         1. This exemption applies to school books used in regularly
   86  prescribed courses of study, and to school lunches served in
   87  public, parochial, or nonprofit schools operated for and
   88  attended by pupils of grades K through 12. Yearbooks, magazines,
   89  newspapers, directories, bulletins, and similar publications
   90  distributed by such educational institutions to their students
   91  are also exempt.
   92         2.School books and Food sold or served at community
   93  colleges and other institutions of higher learning is are
   94  taxable, except that prepaid meal plans purchased from a college
   95  or other institution of higher learning by students currently
   96  enrolled at that college or other institution of higher learning
   97  are exempt. As used in this subparagraph, the term paragraph,
   98  “prepaid meal plans” means payment in advance to a college or
   99  institution of higher learning for the provision of a defined
  100  quantity of units that must expire at the end of an academic
  101  term, cannot be refunded to the student upon expiration, and
  102  which may only be exchanged for food.
  103         3. This exemption also applies to textbooks required for a
  104  course offered by a public postsecondary educational institution
  105  as defined in s. 1000.04 or a nonpublic postsecondary
  106  educational institution that is eligible to participate in the
  107  tuition assistance programs authorized by s. 1009.89 or s.
  108  1009.891. As used in this subparagraph, the term “textbooks”
  109  means any required manual of instruction in any branch of study.
  110  To obtain the tax exemption, the student must show his or her
  111  student identification and applicable course syllabus.
  112         Section 2. Paragraph (k) of subsection (4) of section
  113  1001.7065, Florida Statutes, is amended to read:
  114         1001.7065 Preeminent state research universities program.—
  115         (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
  116  ONLINE LEARNING.—A state research university that, as of July 1,
  117  2013, meets all 12 of the academic and research excellence
  118  standards identified in subsection (2), as verified by the Board
  119  of Governors, shall establish an institute for online learning.
  120  The institute shall establish a robust offering of high-quality,
  121  fully online baccalaureate degree programs at an affordable cost
  122  in accordance with this subsection.
  123         (k) The university shall establish a tuition structure for
  124  its online institute in accordance with this paragraph,
  125  notwithstanding any other provision of law.
  126         1. For students classified as residents for tuition
  127  purposes, tuition for an online baccalaureate degree program
  128  shall be set at no more than 75 percent of the tuition rate as
  129  specified in the General Appropriations Act pursuant to s.
  130  1009.24(4) and 75 percent of the tuition differential pursuant
  131  to s. 1009.24(16). No distance learning fee, fee for campus
  132  facilities, or fee for on-campus services may be assessed,
  133  except that online students shall pay the university’s
  134  technology fee, financial aid fee, and Capital Improvement Trust
  135  Fund fee. The revenues generated from the Capital Improvement
  136  Trust Fund fee shall be dedicated to the university’s institute
  137  for online learning.
  138         2. For students classified as nonresidents for tuition
  139  purposes, tuition may be set at market rates in accordance with
  140  the business plan.
  141         3. Tuition for an online degree program shall include all
  142  costs associated with instruction, materials, and enrollment,
  143  excluding costs associated with the provision of textbooks and
  144  instructional materials pursuant to s. 1004.085 and physical
  145  laboratory supplies.
  146         4. Subject to the limitations in subparagraph 1., tuition
  147  may be differentiated by degree program as appropriate to the
  148  instructional and other costs of the program in accordance with
  149  the business plan. Pricing must incorporate innovative
  150  approaches that incentivize persistence and completion,
  151  including, but not limited to, a fee for assessment, a bundled
  152  or all-inclusive rate, and sliding scale features.
  153         5. The university must accept advance payment contracts and
  154  student financial aid.
  155         6. Fifty percent of the net revenues generated from the
  156  online institute of the university shall be used to enhance and
  157  enrich the online institute offerings, and 50 percent of the net
  158  revenues generated from the online institute shall be used to
  159  enhance and enrich the university’s campus state-of-the-art
  160  research programs and facilities.
  161         7. The institute may charge additional local user fees
  162  pursuant to s. 1009.24(14) upon the approval of the Board of
  163  Governors.
  164         8. The institute shall submit a proposal to the president
  165  of the university authorizing additional user fees for the
  166  provision of voluntary student participation in activities and
  167  additional student services.
  168         Section 3. Section 1004.084, Florida Statutes, is created
  169  to read:
  170         1004.084 College affordability.—The Board of Governors and
  171  State Board of Education shall continue to identify strategies
  172  and initiatives to further ensure college affordability for all
  173  Floridians.
  174         (1)Specific strategies and initiatives to reduce the cost
  175  of higher education must include, at a minimum, consideration of
  176  the following:
  177         (a)The impact of tuition and fee increases at state
  178  colleges and universities, including graduate, professional,
  179  medical, and law schools.
  180         (b)The total cost of fees to a student and family at a
  181  state university and a state college, including orientation
  182  fees.
  183         (c)The cost of textbooks and instructional materials for
  184  all students. The Board of Governors and State Board of
  185  Education shall use the information provided pursuant to s.
  186  1004.085 (5) and (6) to determine the best methods to reduce
  187  costs and must, at a minimum, consider the following:
  188         1.Any existing Florida College System or State University
  189  System initiatives to reduce the cost of textbooks and
  190  instructional materials.
  191         2.Purchasing e-textbooks in bulk.
  192         3.Expanding the use of open-access textbooks and
  193  instructional materials.
  194         4.The rental options for textbook and instructional
  195  materials.
  196         5.Increasing the availability and use of affordable
  197  digital textbooks and learning objects for faculty and students.
  198         6.Supporting efficient used book sales, buy-back sales,
  199  and student-to-student sales.
  200         7.Developing online portals at each institution to assist
  201  students in buying, renting, selling, and sharing textbooks and
  202  instructional materials.
  203         8. The feasibility of expanding and enhancing digital
  204  access platforms that are used by campus stores to help students
  205  acquire the correct and least expensive required course
  206  materials.
  207         9. The cost of instructional materials for dual enrollment
  208  students to school districts.
  209         (2) By December 31, 2015, and annually thereafter, the
  210  Board of Governors and State Board of Education shall submit a
  211  report on their respective college affordability efforts, which
  212  must include recommendations, to the Governor, the President of
  213  the Senate, and the Speaker of the House of Representatives.
  214         Section 4. Section 1004.085, Florida Statutes, is amended
  215  to read:
  216         1004.085 Textbook and instructional materials
  217  affordability.—
  218         (1)As used in this section, the term “instructional
  219  materials” means educational materials, in printed or digital
  220  format, for use within a course.
  221         (2)(1)An No employee of a Florida College System
  222  institution or a state university may not demand or receive any
  223  payment, loan, subscription, advance, deposit of money, service,
  224  or anything of value, present or promised, in exchange for
  225  requiring students to purchase a specific textbook or
  226  instructional material for coursework or instruction.
  227         (3)(2) An employee may receive:
  228         (a) Sample copies, instructor copies, or instructional
  229  materials. These materials may not be sold for any type of
  230  compensation if they are specifically marked as free samples not
  231  for resale.
  232         (b) Royalties or other compensation from sales of textbooks
  233  or instructional materials that include the instructor’s own
  234  writing or work.
  235         (c) Honoraria for academic peer review of course materials.
  236         (d) Fees associated with activities such as reviewing,
  237  critiquing, or preparing support materials for textbooks or
  238  instructional materials pursuant to guidelines adopted by the
  239  State Board of Education or the Board of Governors.
  240         (e) Training in the use of course materials and learning
  241  technologies.
  242         (4)(3)Each Florida College System institution institutions
  243  and state university universities shall prominently post in the
  244  course registration system and on its website on their websites,
  245  as early as is feasible, but at least 14 not less than 30 days
  246  before prior to the first day of student registration class for
  247  each term, a hyperlink to lists list of each textbook required
  248  and recommended textbooks and instructional materials for at
  249  least 90 percent of the courses and course sections each course
  250  offered at the institution during the upcoming term.
  251         (a)These lists The posted list must include:
  252         1. The International Standard Book Number (ISBN) for each
  253  required and recommended textbook and instructional material.
  254         2. For a textbook or instructional material for which an
  255  ISBN is not available, textbook or other identifying
  256  information, which must include, at a minimum, all of the
  257  following: the title, all authors listed, publishers, edition
  258  number, copyright date, published date, and other relevant
  259  information necessary to identify the specific textbook or
  260  instructional material textbooks required and recommended for
  261  each course.
  262         3.The new and used retail price and the rental price, if
  263  applicable, for a required and recommended textbook or
  264  instructional material for purchase at the institution’s
  265  designated bookstore or other specified vendor, including the
  266  website or other contact information for the bookstore.
  267         (b) The State Board of Education and the Board of Governors
  268  shall include in the policies, procedures, and guidelines
  269  adopted under subsection (5) (4) certain limited exceptions to
  270  this notification requirement for courses classes added after
  271  the notification deadline.
  272         (c) An institution that is unable to comply with this
  273  subsection by the 2015 fall semester must provide the
  274  information required by this subsection to students, in a format
  275  determined by the institution, at least 60 days before the first
  276  day of classes. The institution must also submit a quarterly
  277  report to the State Board of Education or to the Board of
  278  Governors, as applicable, documenting the institution’s efforts
  279  to comply with this subsection by the 2016 fall semester.
  280         (5)(4) The State Board of Education and the Board of
  281  Governors each shall adopt textbook and instructional materials
  282  affordability policies, procedures, and guidelines for
  283  implementation by Florida College System institutions and state
  284  universities, respectively, which that further efforts to
  285  minimize the cost of textbooks and instructional materials for
  286  students attending such institutions, while maintaining the
  287  quality of education and academic freedom. The policies,
  288  procedures, and guidelines must, at a minimum, require shall
  289  provide for the following:
  290         (a) That textbook and instructional material adoptions are
  291  made with sufficient lead time to bookstores so as to confirm
  292  availability of the requested materials and, if where possible,
  293  ensure maximum availability of used textbooks and instructional
  294  materials books.
  295         (b) That, in the textbook and instructional material
  296  adoption process, the intent to use all items ordered,
  297  particularly each individual item sold as part of a bundled
  298  package, is confirmed by the course instructor or the academic
  299  department offering the course before the adoption is finalized.
  300         (c) That a course instructor or the academic department
  301  offering the course determine determines, before a textbook or
  302  instructional material is adopted, the extent to which a new
  303  edition differs significantly and substantively from earlier
  304  versions and the value to the student of changing to a new
  305  edition or the extent to which an open-access textbook or
  306  instructional material may exist and be used.
  307         (d)That a textbook or instructional material for an
  308  undergraduate course remain in use for a minimum of 3 years in
  309  that course, unless a less costly textbook or instructional
  310  material becomes available or an exception is approved by the
  311  institution’s president or designee. An exception must be based
  312  upon a determination that the new edition differs significantly
  313  and substantially from earlier versions and that there is value
  314  to the student in changing to the new edition. The institution’s
  315  president or designee shall annually report to the institution’s
  316  board of trustees all exceptions granted, including the
  317  rationale used to approve each exception. The annual report
  318  shall be maintained on the institution’s website.
  319         (e)(d) That the establishment of policies shall address the
  320  availability of required and recommended textbooks and
  321  instructional materials to students otherwise unable to afford
  322  the cost, including consideration of the extent to which an
  323  open-access textbook or instructional material may be used.
  324         (f)(e) That course instructors and academic departments are
  325  encouraged to participate in the development, adaptation, and
  326  review of open-access textbooks and instructional materials and,
  327  in particular, open-access textbooks and instructional materials
  328  for high-demand general education courses.
  329         (g)That postsecondary institutions consult with school
  330  districts with which they have a dual enrollment articulation
  331  agreement to identify practices that impact the cost to school
  332  districts of dual enrollment textbooks and instructional
  333  materials, including, but not limited to, the length of time
  334  that textbooks and instructional materials remain in use and the
  335  costs associated with digital materials.
  336         (h)That cost-benefit analyses be conducted regularly in
  337  comparing options to ensure that students receive the highest
  338  quality product at the lowest available price.
  339         (6)Each Florida College System institution and state
  340  university shall report annually to the Chancellor of the
  341  Florida College System or the Chancellor of the State University
  342  System, as applicable, the cost of undergraduate textbooks and
  343  instructional materials, by course and course section; the
  344  textbook and instructional material selection process for high
  345  enrollment courses as determined by the chancellors; specific
  346  initiatives of the institution which reduce the cost of
  347  textbooks and instructional materials; the number of courses and
  348  course sections that were not able to meet the textbook and
  349  instructional materials posting deadline; and additional
  350  information as determined by the chancellors. Annually, by
  351  December 31, the chancellors shall compile the institution
  352  reports and submit a comprehensive report to the Governor, the
  353  President of the Senate, and the Speaker of the House of
  354  Representatives.
  355         (7)Each Florida College System institution and state
  356  university shall annually send the State Board of Education or
  357  the Board of Governors, as applicable, electronic copies of its
  358  current textbook and instructional materials affordability
  359  policies and procedures. The State Board of Education and the
  360  Board of Governors shall provide a link to this information on
  361  their respective websites.
  362         Section 5. Paragraph (d) of subsection (3) of section
  363  1009.22, Florida Statutes, is amended to read:
  364         1009.22 Workforce education postsecondary student fees.—
  365         (3)
  366         (d) Each district school board and each Florida College
  367  System institution board of trustees may adopt tuition and out
  368  of-state fees that vary no more than 5 percent below or no more
  369  than 5 percent above the combined total of the standard tuition
  370  and out-of-state fees established in paragraph (c).
  371         Section 6. Paragraph (b) of subsection (3) and subsection
  372  (4) of section 1009.23, Florida Statutes, are amended, and
  373  subsection (20) is added to that section, to read:
  374         1009.23 Florida College System institution student fees.—
  375         (3)
  376         (b) Effective July 1, 2014, For baccalaureate degree
  377  programs, the following tuition and fee rates shall apply:
  378         1. The tuition may not exceed shall be $91.79 per credit
  379  hour for students who are residents for tuition purposes.
  380         2. The sum of the tuition and the he out-of-state fee per
  381  credit hour for students who are nonresidents for tuition
  382  purposes shall be no more than 85 percent of the sum of the
  383  tuition and the out-of-state fee at the state university nearest
  384  the Florida College System institution.
  385         (4) Each Florida College System institution board of
  386  trustees shall establish tuition and out-of-state fees, which
  387  may vary no more than 10 percent below and no more than 15
  388  percent above the combined total of the standard tuition and
  389  fees established in subsection (3).
  390         (20) Each Florida College System institution shall notice
  391  to the public and to all enrolled students any board of trustees
  392  meeting that discusses or votes on proposed increases in tuition
  393  or fees. The notice must:
  394         (a) Be posted 30 days before the board of trustees meeting
  395  takes place.
  396         (b) Include the date and time of the meeting.
  397         (c) Be clear and specifically outline the details of the
  398  original tuition or fee, the rationale for the proposed
  399  increase, and what the proposed increase will fund.
  400         (d) Be posted on the institution’s website homepage and
  401  issued in a press release.
  402         Section 7. Paragraphs (a) and (b) of subsection (4) of
  403  section 1009.24, Florida Statutes, are amended, present
  404  subsection (19) of that section is redesignated as subsection
  405  (20), and a new subsection (19) is added to that section, to
  406  read:
  407         1009.24 State university student fees.—
  408         (4)(a) Effective July 1, 2014, The resident undergraduate
  409  tuition for lower-level and upper-level coursework may not
  410  exceed shall be $105.07 per credit hour.
  411         (b) The Board of Governors, or the board’s designee, may
  412  establish tuition for graduate and professional programs, and
  413  out-of-state fees for all programs. Except as otherwise provided
  414  in this section, the sum of tuition and out-of-state fees
  415  assessed to nonresident students must be sufficient to offset
  416  the full instructional cost of serving such students. However,
  417  adjustments to out-of-state fees or tuition for graduate
  418  programs and professional programs may not exceed 15 percent in
  419  any year. Adjustments to the resident tuition for graduate
  420  programs and professional programs may not exceed the tuition
  421  amount set on July 1, 2015.
  422         (19)Each university shall publicly notice to the public
  423  and to all enrolled students any board of trustees meeting that
  424  discusses or votes on proposed increases in tuition or fees. The
  425  notice must:
  426         (a)Be posted 30 days before the board of trustees meeting
  427  takes place.
  428         (b)Include the date and time of the meeting.
  429         (c)Be clear and specifically outline the details of the
  430  original tuition or fee, the rationale for the proposed
  431  increase, and what the proposed increase will fund.
  432         (d)Be posted on the institution’s website homepage and
  433  issued in a press release.
  434         Section 8. This act shall take effect July 1, 2015.