Florida Senate - 2016                              CS for SB 984
       By the Committee on Higher Education; and Senator Legg
       589-02004-16                                           2016984c1
    1                        A bill to be entitled                      
    2         An act relating to education access and affordability;
    3         amending s. 1001.7065, F.S.; specifying that the costs
    4         of instructional materials are not included in tuition
    5         for certain online degree programs; creating s.
    6         1004.084, F.S.; requiring the Board of Governors and
    7         the State Board of Education to annually identify
    8         strategies to promote college affordability; requiring
    9         the Board of Governors of the State University System
   10         and the State Board of Education to submit annual
   11         reports to the Governor and Legislature relating to
   12         college affordability; amending s. 1004.085, F.S.;
   13         revising provisions relating to textbook affordability
   14         to include instructional materials; defining the term
   15         “instructional materials”; specifying that Florida
   16         College System or state university employees may not
   17         receive anything of value in exchange for
   18         instructional materials; requiring Florida College
   19         System institution and state university boards of
   20         trustees to identify wide variances in the costs of,
   21         and frequency of changes in the selection of,
   22         textbooks and instructional materials for certain
   23         courses; requiring the boards of trustees to send a
   24         list of identified courses to the academic department
   25         chairs for review; providing for legislative review
   26         and repeal of specified provisions; requiring Florida
   27         College System institutions and state universities to
   28         post certain information on their websites; requiring
   29         the State Board of Education and Board of Governors to
   30         receive input from specified individuals and entities
   31         before adopting textbook and instructional materials
   32         affordability policies; requiring postsecondary
   33         institutions to consult with certain school districts
   34         to identify certain practices; requiring cost-benefit
   35         analyses relating to textbooks and instructional
   36         materials; providing reporting requirements; amending
   37         s. 1009.23, F.S.; requiring Florida College System
   38         institutions to provide a public notice relating to
   39         increases in tuition and fees; amending s. 1009.24,
   40         F.S.; requiring state universities to provide a public
   41         notice relating to increases in tuition and fees;
   42         providing an effective date.
   44  Be It Enacted by the Legislature of the State of Florida:
   46         Section 1. Paragraph (k) of subsection (4) of section
   47  1001.7065, Florida Statutes, is amended to read:
   48         1001.7065 Preeminent state research universities program.—
   50  ONLINE LEARNING.—A state research university that, as of July 1,
   51  2013, meets all 12 of the academic and research excellence
   52  standards identified in subsection (2), as verified by the Board
   53  of Governors, shall establish an institute for online learning.
   54  The institute shall establish a robust offering of high-quality,
   55  fully online baccalaureate degree programs at an affordable cost
   56  in accordance with this subsection.
   57         (k) The university shall establish a tuition structure for
   58  its online institute in accordance with this paragraph,
   59  notwithstanding any other provision of law.
   60         1. For students classified as residents for tuition
   61  purposes, tuition for an online baccalaureate degree program
   62  shall be set at no more than 75 percent of the tuition rate as
   63  specified in the General Appropriations Act pursuant to s.
   64  1009.24(4) and 75 percent of the tuition differential pursuant
   65  to s. 1009.24(16). No distance learning fee, fee for campus
   66  facilities, or fee for on-campus services may be assessed,
   67  except that online students shall pay the university’s
   68  technology fee, financial aid fee, and Capital Improvement Trust
   69  Fund fee. The revenues generated from the Capital Improvement
   70  Trust Fund fee shall be dedicated to the university’s institute
   71  for online learning.
   72         2. For students classified as nonresidents for tuition
   73  purposes, tuition may be set at market rates in accordance with
   74  the business plan.
   75         3. Tuition for an online degree program shall include all
   76  costs associated with instruction, materials, and enrollment,
   77  excluding costs associated with the provision of textbooks and
   78  instructional materials pursuant to s. 1004.085 and physical
   79  laboratory supplies.
   80         4. Subject to the limitations in subparagraph 1., tuition
   81  may be differentiated by degree program as appropriate to the
   82  instructional and other costs of the program in accordance with
   83  the business plan. Pricing must incorporate innovative
   84  approaches that incentivize persistence and completion,
   85  including, but not limited to, a fee for assessment, a bundled
   86  or all-inclusive rate, and sliding scale features.
   87         5. The university must accept advance payment contracts and
   88  student financial aid.
   89         6. Fifty percent of the net revenues generated from the
   90  online institute of the university shall be used to enhance and
   91  enrich the online institute offerings, and 50 percent of the net
   92  revenues generated from the online institute shall be used to
   93  enhance and enrich the university’s campus state-of-the-art
   94  research programs and facilities.
   95         7. The institute may charge additional local user fees
   96  pursuant to s. 1009.24(14) upon the approval of the Board of
   97  Governors.
   98         8. The institute shall submit a proposal to the president
   99  of the university authorizing additional user fees for the
  100  provision of voluntary student participation in activities and
  101  additional student services.
  102         Section 2. Section 1004.084, Florida Statutes, is created
  103  to read:
  104         1004.084College affordability.—
  105         (1)The Board of Governors and the State Board of Education
  106  shall annually identify strategies to promote college
  107  affordability for all Floridians by evaluating, at a minimum,
  108  the impact of:
  109         (a)Tuition and fees on undergraduate, graduate, and
  110  professional students at public colleges and universities and
  111  graduate assistants employed by public universities.
  112         (b)Federal, state, and institutional financial aid
  113  policies on the actual cost of attendance for students and their
  114  families.
  115         (c)The costs of textbooks and instructional materials.
  116         (2)By December 31 of each year, beginning in 2016, the
  117  Board of Governors and the State Board of Education shall submit
  118  a report on their respective college affordability initiatives
  119  to the Governor, the President of the Senate, and the Speaker of
  120  the House of Representatives.
  121         Section 3. Section 1004.085, Florida Statutes, is amended
  122  to read:
  123         1004.085 Textbook and instructional materials
  124  affordability.—
  125         (1)As used in this section, the term “instructional
  126  materials” means educational materials for use within a course
  127  which may be available in printed or digital format.
  128         (2)(1)An No employee of a Florida College System
  129  institution or state university may not demand or receive any
  130  payment, loan, subscription, advance, deposit of money, service,
  131  or anything of value, present or promised, in exchange for
  132  requiring students to purchase a specific textbook or
  133  instructional material for coursework or instruction.
  134         (3)(2) An employee may receive:
  135         (a) Sample copies, instructor copies, or instructional
  136  materials. These materials may not be sold for any type of
  137  compensation if they are specifically marked as free samples not
  138  for resale.
  139         (b) Royalties or other compensation from sales of textbooks
  140  or instructional materials that include the instructor’s own
  141  writing or work.
  142         (c) Honoraria for academic peer review of course materials.
  143         (d) Fees associated with activities such as reviewing,
  144  critiquing, or preparing support materials for textbooks or
  145  instructional materials pursuant to guidelines adopted by the
  146  State Board of Education or the Board of Governors.
  147         (e) Training in the use of course materials and learning
  148  technologies.
  149         (4)Each Florida College System institution and state
  150  university board of trustees shall, each semester, examine the
  151  cost of textbooks and instructional materials by course and
  152  course section for all general education courses offered at the
  153  institution to identify any variance in the cost of textbooks
  154  and instructional materials among different sections of the same
  155  course and the percentage of textbooks and instructional
  156  materials that remain in use for more than one term. Courses
  157  that have a wide variance in costs among sections or that have
  158  frequent changes in textbook and instructional materials
  159  selections shall be identified and a list of such courses sent
  160  to the appropriate academic department chair for review. This
  161  subsection is repealed July 1, 2018, unless reviewed and saved
  162  from repeal through reenactment by the Legislature.
  163         (5)(3)Each Florida College System institution institutions
  164  and state university universities shall post prominently in the
  165  course registration system and on its website on their websites,
  166  as early as is feasible, but at least 45 not less than 30 days
  167  before prior to the first day of class for each term, a
  168  hyperlink to lists list of each textbook required and
  169  recommended textbooks and instructional materials for at least
  170  95 percent of all courses and each course sections offered at
  171  the institution during the upcoming term. The lists posted list
  172  must include the International Standard Book Number (ISBN) for
  173  each required and recommended textbook and instructional
  174  material or other identifying information, which must include,
  175  at a minimum, all of the following: the title, all authors
  176  listed, publishers, edition number, copyright date, published
  177  date, and other relevant information necessary to identify the
  178  specific textbook or textbooks or instructional materials
  179  required and recommended for each course. The State Board of
  180  Education and the Board of Governors shall include in the
  181  policies, procedures, and guidelines adopted under subsection
  182  (6) (4) certain limited exceptions to this notification
  183  requirement for classes added after the notification deadline.
  184         (6)(4)After receiving input from students, faculty,
  185  bookstores, and publishers, the State Board of Education and the
  186  Board of Governors each shall adopt textbook and instructional
  187  materials affordability policies, procedures, and guidelines for
  188  implementation by Florida College System institutions and state
  189  universities, respectively, that further efforts to minimize the
  190  cost of textbooks and instructional materials for students
  191  attending such institutions while maintaining the quality of
  192  education and academic freedom. The policies, procedures, and
  193  guidelines shall address provide for the following:
  194         (a) The establishment of deadlines for an instructor or
  195  department to notify the bookstore of required and recommended
  196  textbooks and instructional materials so that the bookstore may
  197  verify availability, source lower cost options when practicable,
  198  explore alternatives with faculty when academically appropriate,
  199  and maximize the availability of used textbooks and
  200  instructional materials That textbook adoptions are made with
  201  sufficient lead time to bookstores so as to confirm availability
  202  of the requested materials and, where possible, ensure maximum
  203  availability of used books.
  204         (b) Confirmation by the course instructor or academic
  205  department offering the course, before the textbook or
  206  instructional materials adoption is finalized That, in the
  207  textbook adoption process, of the intent to use all items
  208  ordered, particularly each individual item sold as part of a
  209  bundled package, is confirmed by the course instructor or the
  210  academic department offering the course before the adoption is
  211  finalized.
  212         (c) Determination by That a course instructor or the
  213  academic department offering the course determines, before a
  214  textbook or instructional material is adopted, of the extent to
  215  which a new edition differs significantly and substantively from
  216  earlier versions and the value to the student of changing to a
  217  new edition or the extent to which an open-access textbook or
  218  instructional material is available may exist and be used.
  219         (d) That the establishment of policies shall address The
  220  availability of required and recommended textbooks and
  221  instructional materials to students otherwise unable to afford
  222  the cost, including consideration of the extent to which an
  223  open-access textbook or instructional material may be used.
  224         (e) Participation by That course instructors and academic
  225  departments are encouraged to participate in the development,
  226  adaptation, and review of open-access textbooks and
  227  instructional materials and, in particular, open-access
  228  textbooks and instructional materials for high-demand general
  229  education courses.
  230         (f)Consultation with school districts to identify
  231  practices that impact the cost of dual enrollment textbooks and
  232  instructional materials to school districts, including, but not
  233  limited to, the length of time that textbooks and instructional
  234  materials remain in use.
  235         (g)Selection of textbooks and instructional materials
  236  through cost-benefit analyses that enable students to obtain the
  237  highest-quality product at the lowest available price, by
  238  considering:
  239         1.Purchasing digital textbooks in bulk.
  240         2.Expanding the use of open-access textbooks and
  241  instructional materials.
  242         3.Providing rental options for textbooks and instructional
  243  materials.
  244         4.Increasing the availability and use of affordable
  245  digital textbooks and learning objects.
  246         5.Developing mechanisms to assist in buying, renting,
  247  selling, and sharing textbooks and instructional materials.
  248         6.The length of time that textbooks and instructional
  249  materials remain in use.
  250         (7)The board of trustees of each Florida College System
  251  institution and state university shall report, by September 30
  252  of each year, beginning in 2016, to the Chancellor of the
  253  Florida College System or the Chancellor of the State University
  254  System, as applicable, the textbook and instructional materials
  255  selection process for general education courses with a wide cost
  256  variance identified pursuant to subsection (4) and high
  257  enrollment courses; specific initiatives of the institution
  258  designed to reduce the costs of textbooks and instructional
  259  materials; policies implemented in accordance with subsection
  260  (6); the number of courses and course sections that were not
  261  able to meet the textbook and instructional materials posting
  262  deadline for the previous academic year; and any additional
  263  information determined by the chancellors. By November 1 of each
  264  year, beginning in 2016, each chancellor shall provide a summary
  265  of the information provided by institutions to the State Board
  266  of Education and the Board of Governors, as applicable.
  267         Section 4. Subsection (20) is added to section 1009.23,
  268  Florida Statutes, to read:
  269         1009.23 Florida College System institution student fees.—
  270         (20)Each Florida College System institution shall publicly
  271  notice and notify all enrolled students of any proposal to
  272  increase tuition or fees at least 28 days before its
  273  consideration at a board of trustees meeting. The notice must:
  274         (a)Include the date and time of the meeting at which the
  275  proposal will be considered.
  276         (b)Specifically outline the details of existing tuition
  277  and fees, the rationale for the proposed increase, and how the
  278  funds from the proposed increase will be used.
  279         (c)Be posted on the institution’s website and issued in a
  280  press release.
  281         Section 5. Paragraph (b) of subsection (4) of section
  282  1009.24, Florida Statutes, is amended, and subsection (20) is
  283  added to that section, to read:
  284         1009.24 State university student fees.—
  285         (4)
  286         (b) The Board of Governors, or the board’s designee, may
  287  establish tuition for graduate and professional programs, and
  288  out-of-state fees for all programs. Except as otherwise provided
  289  in this section, the sum of tuition and out-of-state fees
  290  assessed to nonresident students must be sufficient to offset
  291  the full instructional cost of serving such students. However,
  292  adjustments to out-of-state fees or tuition for graduate
  293  programs and professional programs may not exceed 15 percent in
  294  any year.
  295         (20)Each state university shall publicly notice and notify
  296  all enrolled students of any proposal to increase tuition or
  297  fees at least 28 days before its consideration at a board of
  298  trustees meeting. The notice must:
  299         (a)Include the date and time of the meeting at which the
  300  proposal will be considered.
  301         (b)Specifically outline the details of existing tuition
  302  and fees, the rationale for the proposed increase, and how the
  303  funds from the proposed increase will be used.
  304         (c)Be posted on the university’s website and issued in a
  305  press release.
  306         Section 6. This act shall take effect July 1, 2016.