Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 984
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/11/2016           .                                

       The Committee on Higher Education (Legg) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (k) of subsection (4) of section
    6  1001.7065, Florida Statutes, is amended to read:
    7         1001.7065 Preeminent state research universities program.—
    9  ONLINE LEARNING.—A state research university that, as of July 1,
   10  2013, meets all 12 of the academic and research excellence
   11  standards identified in subsection (2), as verified by the Board
   12  of Governors, shall establish an institute for online learning.
   13  The institute shall establish a robust offering of high-quality,
   14  fully online baccalaureate degree programs at an affordable cost
   15  in accordance with this subsection.
   16         (k) The university shall establish a tuition structure for
   17  its online institute in accordance with this paragraph,
   18  notwithstanding any other provision of law.
   19         1. For students classified as residents for tuition
   20  purposes, tuition for an online baccalaureate degree program
   21  shall be set at no more than 75 percent of the tuition rate as
   22  specified in the General Appropriations Act pursuant to s.
   23  1009.24(4) and 75 percent of the tuition differential pursuant
   24  to s. 1009.24(16). No distance learning fee, fee for campus
   25  facilities, or fee for on-campus services may be assessed,
   26  except that online students shall pay the university’s
   27  technology fee, financial aid fee, and Capital Improvement Trust
   28  Fund fee. The revenues generated from the Capital Improvement
   29  Trust Fund fee shall be dedicated to the university’s institute
   30  for online learning.
   31         2. For students classified as nonresidents for tuition
   32  purposes, tuition may be set at market rates in accordance with
   33  the business plan.
   34         3. Tuition for an online degree program shall include all
   35  costs associated with instruction, materials, and enrollment,
   36  excluding costs associated with the provision of textbooks and
   37  instructional materials pursuant to s. 1004.085 and physical
   38  laboratory supplies.
   39         4. Subject to the limitations in subparagraph 1., tuition
   40  may be differentiated by degree program as appropriate to the
   41  instructional and other costs of the program in accordance with
   42  the business plan. Pricing must incorporate innovative
   43  approaches that incentivize persistence and completion,
   44  including, but not limited to, a fee for assessment, a bundled
   45  or all-inclusive rate, and sliding scale features.
   46         5. The university must accept advance payment contracts and
   47  student financial aid.
   48         6. Fifty percent of the net revenues generated from the
   49  online institute of the university shall be used to enhance and
   50  enrich the online institute offerings, and 50 percent of the net
   51  revenues generated from the online institute shall be used to
   52  enhance and enrich the university’s campus state-of-the-art
   53  research programs and facilities.
   54         7. The institute may charge additional local user fees
   55  pursuant to s. 1009.24(14) upon the approval of the Board of
   56  Governors.
   57         8. The institute shall submit a proposal to the president
   58  of the university authorizing additional user fees for the
   59  provision of voluntary student participation in activities and
   60  additional student services.
   61         Section 2. Section 1004.084, Florida Statutes, is created
   62  to read:
   63         1004.084College affordability.—
   64         (1)The Board of Governors and the State Board of Education
   65  shall annually identify strategies to promote college
   66  affordability for all Floridians by evaluating, at a minimum,
   67  the impact of:
   68         (a)Tuition and fees on undergraduate, graduate, and
   69  professional students at public colleges and universities and
   70  graduate assistants employed by public universities.
   71         (b)Federal, state, and institutional financial aid
   72  policies on the actual cost of attendance for students and their
   73  families.
   74         (c)The costs of textbooks and instructional materials.
   75         (2)By December 31 of each year, beginning in 2016, the
   76  Board of Governors and the State Board of Education shall submit
   77  a report on their respective college affordability initiatives
   78  to the Governor, the President of the Senate, and the Speaker of
   79  the House of Representatives.
   80         Section 3. Section 1004.085, Florida Statutes, is amended
   81  to read:
   82         1004.085 Textbook and instructional materials
   83  affordability.—
   84         (1)As used in this section, the term “instructional
   85  materials” means educational materials for use within a course
   86  which may be available in printed or digital format.
   87         (2)(1)An No employee of a Florida College System
   88  institution or state university may not demand or receive any
   89  payment, loan, subscription, advance, deposit of money, service,
   90  or anything of value, present or promised, in exchange for
   91  requiring students to purchase a specific textbook or
   92  instructional material for coursework or instruction.
   93         (3)(2) An employee may receive:
   94         (a) Sample copies, instructor copies, or instructional
   95  materials. These materials may not be sold for any type of
   96  compensation if they are specifically marked as free samples not
   97  for resale.
   98         (b) Royalties or other compensation from sales of textbooks
   99  or instructional materials that include the instructor’s own
  100  writing or work.
  101         (c) Honoraria for academic peer review of course materials.
  102         (d) Fees associated with activities such as reviewing,
  103  critiquing, or preparing support materials for textbooks or
  104  instructional materials pursuant to guidelines adopted by the
  105  State Board of Education or the Board of Governors.
  106         (e) Training in the use of course materials and learning
  107  technologies.
  108         (4)Each Florida College System institution and state
  109  university board of trustees shall, each semester, examine the
  110  cost of textbooks and instructional materials by course and
  111  course section for all general education courses offered at the
  112  institution to identify any variance in the cost of textbooks
  113  and instructional materials among different sections of the same
  114  course and the percentage of textbooks and instructional
  115  materials that remain in use for more than one term. Courses
  116  that have a wide variance in costs among sections or that have
  117  frequent changes in textbook and instructional materials
  118  selections shall be identified and a list of such courses sent
  119  to the appropriate academic department chair for review. This
  120  subsection is repealed July 1, 2018, unless reviewed and saved
  121  from repeal through reenactment by the Legislature.
  122         (5)(3)Each Florida College System institution institutions
  123  and state university universities shall post prominently in the
  124  course registration system and on its website on their websites,
  125  as early as is feasible, but at least 45 not less than 30 days
  126  before prior to the first day of class for each term, a
  127  hyperlink to lists list of each textbook required and
  128  recommended textbooks and instructional materials for at least
  129  95 percent of all courses and each course sections offered at
  130  the institution during the upcoming term. The lists posted list
  131  must include the International Standard Book Number (ISBN) for
  132  each required and recommended textbook and instructional
  133  material or other identifying information, which must include,
  134  at a minimum, all of the following: the title, all authors
  135  listed, publishers, edition number, copyright date, published
  136  date, and other relevant information necessary to identify the
  137  specific textbook or textbooks or instructional materials
  138  required and recommended for each course. The State Board of
  139  Education and the Board of Governors shall include in the
  140  policies, procedures, and guidelines adopted under subsection
  141  (6) (4) certain limited exceptions to this notification
  142  requirement for classes added after the notification deadline.
  143         (6)(4)After receiving input from students, faculty,
  144  bookstores, and publishers, the State Board of Education and the
  145  Board of Governors each shall adopt textbook and instructional
  146  materials affordability policies, procedures, and guidelines for
  147  implementation by Florida College System institutions and state
  148  universities, respectively, that further efforts to minimize the
  149  cost of textbooks and instructional materials for students
  150  attending such institutions while maintaining the quality of
  151  education and academic freedom. The policies, procedures, and
  152  guidelines shall address provide for the following:
  153         (a) The establishment of deadlines for an instructor or
  154  department to notify the bookstore of required and recommended
  155  textbooks and instructional materials so that the bookstore may
  156  verify availability, source lower cost options when practicable,
  157  explore alternatives with faculty when academically appropriate,
  158  and maximize the availability of used textbooks and
  159  instructional materials That textbook adoptions are made with
  160  sufficient lead time to bookstores so as to confirm availability
  161  of the requested materials and, where possible, ensure maximum
  162  availability of used books.
  163         (b) Confirmation by the course instructor or academic
  164  department offering the course, before the textbook or
  165  instructional materials adoption is finalized That, in the
  166  textbook adoption process, of the intent to use all items
  167  ordered, particularly each individual item sold as part of a
  168  bundled package, is confirmed by the course instructor or the
  169  academic department offering the course before the adoption is
  170  finalized.
  171         (c) Determination by That a course instructor or the
  172  academic department offering the course determines, before a
  173  textbook or instructional material is adopted, of the extent to
  174  which a new edition differs significantly and substantively from
  175  earlier versions and the value to the student of changing to a
  176  new edition or the extent to which an open-access textbook or
  177  instructional material is available may exist and be used.
  178         (d) That the establishment of policies shall address The
  179  availability of required and recommended textbooks and
  180  instructional materials to students otherwise unable to afford
  181  the cost, including consideration of the extent to which an
  182  open-access textbook or instructional material may be used.
  183         (e) Participation by That course instructors and academic
  184  departments are encouraged to participate in the development,
  185  adaptation, and review of open-access textbooks and
  186  instructional materials and, in particular, open-access
  187  textbooks and instructional materials for high-demand general
  188  education courses.
  189         (f)Consultation with school districts to identify
  190  practices that impact the cost of dual enrollment textbooks and
  191  instructional materials to school districts, including, but not
  192  limited to, the length of time that textbooks and instructional
  193  materials remain in use.
  194         (g)Selection of textbooks and instructional materials
  195  through cost-benefit analyses that enable students to obtain the
  196  highest-quality product at the lowest available price, by
  197  considering:
  198         1.Purchasing digital textbooks in bulk.
  199         2.Expanding the use of open-access textbooks and
  200  instructional materials.
  201         3.Providing rental options for textbooks and instructional
  202  materials.
  203         4.Increasing the availability and use of affordable
  204  digital textbooks and learning objects.
  205         5.Developing mechanisms to assist in buying, renting,
  206  selling, and sharing textbooks and instructional materials.
  207         6.The length of time that textbooks and instructional
  208  materials remain in use.
  209         (7)The board of trustees of each Florida College System
  210  institution and state university shall report, by September 30
  211  of each year, beginning in 2016, to the Chancellor of the
  212  Florida College System or the Chancellor of the State University
  213  System, as applicable, the textbook and instructional materials
  214  selection process for general education courses with a wide cost
  215  variance identified pursuant to subsection (4) and high
  216  enrollment courses; specific initiatives of the institution
  217  designed to reduce the costs of textbooks and instructional
  218  materials; policies implemented in accordance with subsection
  219  (6); the number of courses and course sections that were not
  220  able to meet the textbook and instructional materials posting
  221  deadline for the previous academic year; and any additional
  222  information determined by the chancellors. By November 1 of each
  223  year, beginning in 2016, each chancellor shall provide a summary
  224  of the information provided by institutions to the State Board
  225  of Education and the Board of Governors, as applicable.
  226         Section 4. Subsection (20) is added to section 1009.23,
  227  Florida Statutes, to read:
  228         1009.23 Florida College System institution student fees.—
  229         (20)Each Florida College System institution shall publicly
  230  notice and notify all enrolled students of any proposal to
  231  increase tuition or fees at least 28 days before its
  232  consideration at a board of trustees meeting. The notice must:
  233         (a)Include the date and time of the meeting at which the
  234  proposal will be considered.
  235         (b)Specifically outline the details of existing tuition
  236  and fees, the rationale for the proposed increase, and how the
  237  funds from the proposed increase will be used.
  238         (c)Be posted on the institution’s website and issued in a
  239  press release.
  240         Section 5. Paragraph (b) of subsection (4) of section
  241  1009.24, Florida Statutes, is amended, and subsection (20) is
  242  added to that section, to read:
  243         1009.24 State university student fees.—
  244         (4)
  245         (b) The Board of Governors, or the board’s designee, may
  246  establish tuition for graduate and professional programs, and
  247  out-of-state fees for all programs. Except as otherwise provided
  248  in this section, the sum of tuition and out-of-state fees
  249  assessed to nonresident students must be sufficient to offset
  250  the full instructional cost of serving such students. However,
  251  adjustments to out-of-state fees or tuition for graduate
  252  programs and professional programs may not exceed 15 percent in
  253  any year.
  254         (20)Each state university shall publicly notice and notify
  255  all enrolled students of any proposal to increase tuition or
  256  fees at least 28 days before its consideration at a board of
  257  trustees meeting. The notice must:
  258         (a)Include the date and time of the meeting at which the
  259  proposal will be considered.
  260         (b)Specifically outline the details of existing tuition
  261  and fees, the rationale for the proposed increase, and how the
  262  funds from the proposed increase will be used.
  263         (c)Be posted on the university’s website and issued in a
  264  press release.
  265         Section 6. This act shall take effect July 1, 2016.
  267  ================= T I T L E  A M E N D M E N T ================
  268  And the title is amended as follows:
  269         Delete everything before the enacting clause
  270  and insert:
  271                        A bill to be entitled                      
  272         An act relating to education access and affordability;
  273         amending s. 1001.7065, F.S.; specifying that the costs
  274         of instructional materials are not included in tuition
  275         for certain online degree programs; creating s.
  276         1004.084, F.S.; requiring the Board of Governors and
  277         the State Board of Education to annually identify
  278         strategies to promote college affordability; requiring
  279         the Board of Governors of the State University System
  280         and the State Board of Education to submit annual
  281         reports to the Governor and Legislature relating to
  282         college affordability; amending s. 1004.085, F.S.;
  283         revising provisions relating to textbook affordability
  284         to include instructional materials; defining the term
  285         “instructional materials”; specifying that Florida
  286         College System or state university employees may not
  287         receive anything of value in exchange for
  288         instructional materials; requiring Florida College
  289         System institution and state university boards of
  290         trustees to identify wide variances in the costs of,
  291         and frequency of changes in the selection of,
  292         textbooks and instructional materials for certain
  293         courses; requiring the boards of trustees to send a
  294         list of identified courses to the academic department
  295         chairs for review; providing for legislative review
  296         and repeal of specified provisions; requiring Florida
  297         College System institutions and state universities to
  298         post certain information on their websites; requiring
  299         the State Board of Education and Board of Governors to
  300         receive input from specified individuals and entities
  301         before adopting textbook and instructional materials
  302         affordability policies; requiring postsecondary
  303         institutions to consult with certain school districts
  304         to identify certain practices; requiring cost-benefit
  305         analyses relating to textbooks and instructional
  306         materials; providing reporting requirements; amending
  307         s. 1009.23, F.S.; requiring Florida College System
  308         institutions to provide a public notice relating to
  309         increases in tuition and fees; amending s. 1009.24,
  310         F.S.; requiring state universities to provide a public
  311         notice relating to increases in tuition and fees;
  312         providing an effective date.