Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 938
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                

       The Committee on Higher Education (Benacquisto) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 103 - 427
    4  and insert:
    5         3. This exemption also applies to textbooks that are
    6  required or recommended for a course offered by a public
    7  postsecondary educational institution as defined in s. 1000.04
    8  or a nonpublic postsecondary educational institution that is
    9  eligible to participate in the tuition assistance programs
   10  authorized by s. 1009.89 or s. 1009.891. As used in this
   11  subparagraph, the term “textbooks” means any required or
   12  recommended manual of instruction or instructional materials as
   13  defined in s. 1004.085(1) in any branch of study. To obtain the
   14  tax exemption, the student must provide either a physical or an
   15  electronic copy of the following items to the vendor:
   16         a. His or her student identification number; and
   17         b. An applicable course syllabus or the list of required
   18  and recommended textbooks and instructional materials provided
   19  pursuant to s. 1004.085(4).
   21  The vendor shall maintain documentation, as prescribed by
   22  department rule, to identify complete transactions or portions
   23  of a transaction involving the sale of postsecondary education
   24  textbooks that are exempt from the tax imposed under this
   25  chapter.
   26         Section 2. (1) The executive director of the Department of
   27  Revenue is authorized, and all conditions are deemed met, to
   28  adopt emergency rules pursuant to ss. 120.536(1) and 120.54(4),
   29  Florida Statutes, for the purpose of implementing the amendment
   30  made by this act to s. 212.08(7), Florida Statutes.
   31         (2) Notwithstanding any provision of law, emergency rules
   32  adopted pursuant to subsection (1) shall remain in effect for 6
   33  months after the date adopted and may be renewed during the
   34  pendency of procedures to adopt permanent rules addressing the
   35  subject of the emergency rules.
   36         (3) This section expires July 1, 2018.
   37         Section 3. Paragraph (k) of subsection (4) of section
   38  1001.7065, Florida Statutes, is amended to read:
   39         1001.7065 Preeminent state research universities program.—
   41  ONLINE LEARNING.—A state research university that, as of July 1,
   42  2013, meets all 12 of the academic and research excellence
   43  standards identified in subsection (2), as verified by the Board
   44  of Governors, shall establish an institute for online learning.
   45  The institute shall establish a robust offering of high-quality,
   46  fully online baccalaureate degree programs at an affordable cost
   47  in accordance with this subsection.
   48         (k) The university shall establish a tuition structure for
   49  its online institute in accordance with this paragraph,
   50  notwithstanding any other provision of law.
   51         1. For students classified as residents for tuition
   52  purposes, tuition for an online baccalaureate degree program
   53  shall be set at no more than 75 percent of the tuition rate as
   54  specified in the General Appropriations Act pursuant to s.
   55  1009.24(4) and 75 percent of the tuition differential pursuant
   56  to s. 1009.24(16). No distance learning fee, fee for campus
   57  facilities, or fee for on-campus services may be assessed,
   58  except that online students shall pay the university’s
   59  technology fee, financial aid fee, and Capital Improvement Trust
   60  Fund fee. The revenues generated from the Capital Improvement
   61  Trust Fund fee shall be dedicated to the university’s institute
   62  for online learning.
   63         2. For students classified as nonresidents for tuition
   64  purposes, tuition may be set at market rates in accordance with
   65  the business plan.
   66         3. Tuition for an online degree program shall include all
   67  costs associated with instruction, materials, and enrollment,
   68  excluding costs associated with the provision of textbooks and
   69  instructional materials pursuant to s. 1004.085 and physical
   70  laboratory supplies.
   71         4. Subject to the limitations in subparagraph 1., tuition
   72  may be differentiated by degree program as appropriate to the
   73  instructional and other costs of the program in accordance with
   74  the business plan. Pricing must incorporate innovative
   75  approaches that incentivize persistence and completion,
   76  including, but not limited to, a fee for assessment, a bundled
   77  or all-inclusive rate, and sliding scale features.
   78         5. The university must accept advance payment contracts and
   79  student financial aid.
   80         6. Fifty percent of the net revenues generated from the
   81  online institute of the university shall be used to enhance and
   82  enrich the online institute offerings, and 50 percent of the net
   83  revenues generated from the online institute shall be used to
   84  enhance and enrich the university’s campus state-of-the-art
   85  research programs and facilities.
   86         7. The institute may charge additional local user fees
   87  pursuant to s. 1009.24(14) upon the approval of the Board of
   88  Governors.
   89         8. The institute shall submit a proposal to the president
   90  of the university authorizing additional user fees for the
   91  provision of voluntary student participation in activities and
   92  additional student services.
   93         Section 4. Section 1004.084, Florida Statutes, is created
   94  to read:
   95         1004.084 College affordability.—The Board of Governors and
   96  State Board of Education shall continue to identify strategies
   97  and initiatives to further ensure college affordability for all
   98  Floridians.
   99         (1)Specific strategies and initiatives to reduce the cost
  100  of higher education must include, at a minimum, consideration of
  101  the following:
  102         (a)The impact of tuition and fee increases at state
  103  colleges and universities, including graduate, professional,
  104  medical, and law schools.
  105         (b)The total cost of fees to a student and family at a
  106  state university or a state college, including orientation fees.
  107         (c)The cost of textbooks and instructional materials for
  108  all students. The Board of Governors and State Board of
  109  Education shall use the information provided pursuant to s.
  110  1004.085(5) and (6) and consult with students, faculty,
  111  bookstores, and publishers, to determine the best methods to
  112  reduce costs and must, at a minimum, consider the following:
  113         1.Any existing Florida College System or State University
  114  System initiatives to reduce the cost of textbooks and
  115  instructional materials.
  116         2.Purchasing e-textbooks in bulk.
  117         3.Expanding the use of open-access textbooks and
  118  instructional materials.
  119         4.The rental options for textbook and instructional
  120  materials.
  121         5.Increasing the availability and use of affordable
  122  digital textbooks and learning objects for faculty and students.
  123         6.Supporting efficient used book sales, buy-back sales,
  124  and student-to-student sales.
  125         7.Developing online portals at each institution to assist
  126  students in buying, renting, selling, and sharing textbooks and
  127  instructional materials.
  128         8. The feasibility of expanding and enhancing digital
  129  access platforms that are used by campus stores to help students
  130  acquire the correct and least expensive required course
  131  materials.
  132         9. The cost to school districts of instructional materials
  133  for dual enrollment students.
  134         (2) By December 31, 2015, and annually thereafter, the
  135  Board of Governors and State Board of Education shall submit a
  136  report on their respective college affordability efforts, which
  137  must include recommendations, to the Governor, the President of
  138  the Senate, and the Speaker of the House of Representatives.
  139         Section 5. Section 1004.085, Florida Statutes, is amended
  140  to read:
  141         1004.085 Textbook and instructional materials
  142  affordability.—
  143         (1)As used in this section, the term “instructional
  144  materials” means educational materials, in printed or digital
  145  format, which are required or recommended for use within a
  146  course.
  147         (2)(1)An No employee of a Florida College System
  148  institution or a state university may not demand or receive any
  149  payment, loan, subscription, advance, deposit of money, service,
  150  or anything of value, present or promised, in exchange for
  151  requiring students to purchase a specific textbook or
  152  instructional material for coursework or instruction.
  153         (3)(2) An employee may receive:
  154         (a) Sample copies, instructor copies, or instructional
  155  materials. These materials may not be sold for any type of
  156  compensation if they are specifically marked as free samples not
  157  for resale.
  158         (b) Royalties or other compensation from sales of textbooks
  159  or instructional materials that include the instructor’s own
  160  writing or work.
  161         (c) Honoraria for academic peer review of course materials.
  162         (d) Fees associated with activities such as reviewing,
  163  critiquing, or preparing support materials for textbooks or
  164  instructional materials pursuant to guidelines adopted by the
  165  State Board of Education or the Board of Governors.
  166         (e) Training in the use of course materials and learning
  167  technologies.
  168         (4)(3)Each Florida College System institution institutions
  169  and state university universities shall prominently post in the
  170  course registration system and on its website on their websites,
  171  as early as is feasible, but at least 14 not less than 30 days
  172  before prior to the first day of student registration class for
  173  each term, a hyperlink to lists list of each textbook required
  174  and recommended textbooks and instructional materials for at
  175  least 90 percent of the courses and course sections each course
  176  offered at the institution during the upcoming term.
  177         (a)These lists The posted list must include:
  178         1. The International Standard Book Number (ISBN) for each
  179  required and recommended textbook and instructional materials.
  180         2. For a textbook or instructional materials for which an
  181  ISBN is not available, textbook or other identifying
  182  information, which must include, at a minimum, all of the
  183  following: the title, all authors listed, publishers, edition
  184  number, copyright date, published date, and other relevant
  185  information necessary to identify the specific textbook or
  186  instructional materials textbooks required and recommended for
  187  each course.
  188         3.The new and used retail price and the rental price, if
  189  applicable, for a required or recommended textbook or
  190  instructional materials for purchase at the institution’s
  191  designated bookstore or other specified vendor, including the
  192  website or other contact information for the bookstore.
  193         (b) The State Board of Education and the Board of Governors
  194  shall include in the policies, procedures, and guidelines
  195  adopted under subsection (5) (4) certain limited exceptions to
  196  this notification requirement for courses classes added after
  197  the notification deadline.
  198         (c) An institution that is unable to comply with this
  199  subsection by the 2015 fall semester must provide the
  200  information required by this subsection to students, in a format
  201  determined by the institution, at least 60 days before the first
  202  day of classes. The institution must also submit a quarterly
  203  report to the State Board of Education or to the Board of
  204  Governors, as applicable, documenting the institution’s efforts
  205  to comply with this subsection by the 2016 fall semester.
  206         (5)(4) The State Board of Education and the Board of
  207  Governors each shall adopt textbook and instructional materials
  208  affordability policies, procedures, and guidelines for
  209  implementation by Florida College System institutions and state
  210  universities, respectively, which that further efforts to
  211  minimize the cost of textbooks and instructional materials for
  212  students attending such institutions, while maintaining the
  213  quality of education and academic freedom. The policies,
  214  procedures, and guidelines must, at a minimum, require shall
  215  provide for the following:
  216         (a) That textbook and instructional materials adoptions are
  217  made with sufficient lead time to bookstores so as to confirm
  218  availability of the requested materials and, if where possible,
  219  ensure maximum availability of used textbooks and instructional
  220  materials books.
  221         (b) That, in the textbook and instructional material
  222  adoption process, the intent to use all items ordered,
  223  particularly each individual item sold as part of a bundled
  224  package, is confirmed by the course instructor or the academic
  225  department offering the course before the adoption is finalized.
  226         (c) That a course instructor or the academic department
  227  offering the course determine determines, before a textbook or
  228  instructional materials are is adopted, the extent to which a
  229  new edition differs significantly and substantively from earlier
  230  versions and the value to the student of changing to a new
  231  edition or the extent to which an open-access textbook or
  232  instructional materials may exist and be used.
  233         (d)That a textbook or instructional materials for an
  234  undergraduate course remain in use for a minimum of 3 years in
  235  that course, unless a less costly textbook or instructional
  236  materials becomes available or an exception is approved by the
  237  institution’s president or designee. An exception must be based
  238  upon a determination that the new textbook or instructional
  239  materials differs significantly and substantially from the
  240  version in use and that there is value to the student in
  241  changing to the new textbook or instructional materials. The
  242  institution’s president or designee shall annually report to the
  243  institution’s board of trustees all exceptions granted,
  244  including the rationale used to approve each exception. The
  245  annual report shall be maintained on the institution’s website.
  246         (e)(d) That the establishment of policies shall address the
  247  availability of required and recommended textbooks and
  248  instructional materials to students otherwise unable to afford
  249  the cost, including consideration of the extent to which an
  250  open-access textbook or instructional materials may be used.
  251         (f)(e) That course instructors and academic departments are
  252  encouraged to participate in the development, adaptation, and
  253  review of open-access textbooks and instructional materials and,
  254  in particular, open-access textbooks and instructional materials
  255  for high-demand general education courses.
  256         (g)That postsecondary institutions consult with school
  257  districts with which they have a dual enrollment articulation
  258  agreement to identify practices that impact the cost to school
  259  districts of dual enrollment textbooks and instructional
  260  materials, including, but not limited to, the length of time
  261  that textbooks and instructional materials remain in use and the
  262  costs associated with digital materials.
  263         (h)That cost-benefit analyses be conducted regularly in
  264  comparing options to ensure that students receive the highest
  265  quality product at the lowest available price.
  266         (6)Each Florida College System institution and each state
  267  university shall report annually to the Chancellor of the
  268  Florida College System or the Chancellor of the State University
  269  System, as applicable, the cost of undergraduate textbooks and
  270  instructional materials, by course and course section; the
  271  textbook and instructional materials selection process for high
  272  enrollment courses as determined by the chancellors; specific
  273  initiatives of the institution which reduce the cost of
  274  textbooks and instructional materials; the number of courses and
  275  course sections that were not able to meet the textbook and
  276  instructional materials posting deadline; and additional
  277  information as determined by the chancellors. Annually, by
  278  December 31, the chancellors shall compile the institution
  279  reports and submit a comprehensive report to the Governor, the
  280  President of the Senate, and the Speaker of the House of
  281  Representatives.
  282         (7)Each Florida College System institution and state
  283  university shall annually send the State Board of Education or
  284  the Board of Governors, as applicable, electronic copies of its
  285  current textbook and instructional materials affordability
  286  policies and procedures. The State Board of Education and the
  287  Board of Governors shall provide a link to this information on
  288  their respective websites.
  289         Section 6. Paragraph (d) of subsection (3) of section
  290  1009.22, Florida Statutes, is amended to read:
  291         1009.22 Workforce education postsecondary student fees.—
  292         (3)
  293         (d) Each district school board and each Florida College
  294  System institution board of trustees may adopt tuition and out
  295  of-state fees that vary no more than 5 percent below or no more
  296  than 5 percent above the combined total of the standard tuition
  297  and out-of-state fees established in paragraph (c).
  298         Section 7. Paragraph (b) of subsection (3) and subsection
  299  (4) of section 1009.23, Florida Statutes, are amended, and
  300  subsection (20) is added to that section, to read:
  301         1009.23 Florida College System institution student fees.—
  302         (3)
  303         (b) Effective July 1, 2014, For baccalaureate degree
  304  programs, the following tuition and fee rates shall apply:
  305         1. The tuition may not exceed shall be $91.79 per credit
  306  hour for students who are residents for tuition purposes.
  307         2. The sum of the tuition and the he out-of-state fee per
  308  credit hour for students who are nonresidents for tuition
  309  purposes shall be no more than 85 percent of the sum of the
  310  tuition and the out-of-state fee at the state university nearest
  311  the Florida College System institution.
  312         (4) Each Florida College System institution board of
  313  trustees shall establish tuition and out-of-state fees, which
  314  may vary no more than 10 percent below and no more than 15
  315  percent above the combined total of the standard tuition and
  316  fees established in subsection (3).
  317         (20) Each Florida College System institution shall notice
  318  to the public and to all enrolled students any board of trustees
  319  meeting that votes on proposed increases in tuition or fees. The
  320  noticed meeting must allow for public comment on the proposed
  321  increase and must:
  322         (a) Be posted 28 days before the board of trustees meeting
  323  takes place.
  324         (b) Include the date and time of the meeting.
  325         (c) Be clear and specifically outline the details of the
  326  original tuition or fee, the rationale for the proposed
  327  increase, and what the proposed increase will fund.
  328         (d) Be posted on the institution’s website homepage and
  329  issued in a press release.
  330         Section 8. Paragraphs (a) and (b) of subsection (4) of
  331  section 1009.24, Florida Statutes, are amended, present
  332  subsection (19) of that section is redesignated as subsection
  333  (20), and a new subsection (19) is added to that section, to
  334  read:
  335         1009.24 State university student fees.—
  336         (4)(a) Effective July 1, 2014, The resident undergraduate
  337  tuition for lower-level and upper-level coursework may not
  338  exceed shall be $105.07 per credit hour.
  339         (b) The Board of Governors, or the board’s designee, may
  340  establish tuition for graduate and professional programs, and
  341  out-of-state fees for all programs. Except as otherwise provided
  342  in this section, the sum of tuition and out-of-state fees
  343  assessed to nonresident students must be sufficient to offset
  344  the full instructional cost of serving such students. However,
  345  adjustments to out-of-state fees or tuition for graduate
  346  programs and professional programs may not exceed 15 percent in
  347  any year. Adjustments to the resident tuition for graduate
  348  programs and professional programs may not exceed the tuition
  349  amount set on July 1, 2015.
  350         (19)Each university shall publicly notice to the public
  351  and to all enrolled students any board of trustees meeting that
  352  votes on proposed increases in tuition or fees. The noticed
  353  meeting must allow for public comment on the proposed increase
  354  and must:
  355         (a)Be posted 28 days before the board of trustees meeting
  356  takes place.
  358  ================= T I T L E  A M E N D M E N T ================
  359  And the title is amended as follows:
  360         Delete lines 4 - 52
  361  and insert:
  362         textbooks required or recommended for a course offered
  363         by a public or nonpublic postsecondary educational
  364         institution from the tax imposed by ch. 212, F.S.;
  365         authorizing the Department of Revenue to adopt
  366         emergency rules; providing for expiration; amending s.
  367         1001.7065, F.S.; conforming provisions to changes made
  368         by the act; creating s. 1004.084, F.S.; requiring the
  369         Board of Governors and the State Board of Education to
  370         identify strategies and initiatives to reduce the cost
  371         of higher education; requiring the Board of Governors
  372         and the state board to annually submit a report to the
  373         Governor and the Legislature; amending s. 1004.085,
  374         F.S.; defining the term “instructional materials”;
  375         revising policies and procedures relating to
  376         textbooks; requiring a public postsecondary
  377         institution to post information relating to required
  378         and recommended textbooks and instructional materials
  379         and prices in its course registration system and on
  380         its website; requiring the state board and the Board
  381         of Governors to adopt textbook and instructional
  382         materials affordability policies, procedures, and
  383         guidelines; providing requirements for the use of
  384         adopted undergraduate textbooks and instructional
  385         materials; authorizing exceptions by an institution’s
  386         president or designee; requiring annual reporting of
  387         textbook and instructional materials cost information
  388         and affordability policies and procedures to the
  389         Chancellor of the Florida College System or the
  390         Chancellor of the State University System; requiring
  391         electronic copies of the affordability policies and
  392         procedures be sent annually to the state board or the
  393         Board of Governors; amending s. 1009.22, F.S.;
  394         revising the amount tuition may vary for the combined
  395         total of the standard tuition and out-of-state fees;
  396         amending s. 1009.23, F.S.; prohibiting resident
  397         tuition at a Florida College System institution from
  398         exceeding a specified amount per credit hour; revising
  399         the amount tuition may vary for the combined total of
  400         the standard tuition and out-of-state fees; requiring
  401         a Florida College System institution to publicly
  402         notice meetings at which votes on proposed tuition or
  403         fee increases are scheduled; amending s. 1009.24,
  404         F.S.; prohibiting resident undergraduate tuition at a
  405         state university from exceeding a specified amount per
  406         credit hour; removing authority for a designee of the
  407         Board of Governors to establish graduate and
  408         professional tuition and out-of-state fees;
  409         prohibiting graduate and professional program tuition
  410         from exceeding a specified amount; requiring a state
  411         university to publicly notice meetings at which votes
  412         on proposed tuition or fee increases are scheduled;
  413         providing an