Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 530
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/11/2014 .
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1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 1004.085, Florida Statutes, is amended
6 to read:
7 1004.085 Textbook and instructional materials
8 affordability.—
9 (1) As used in this section, the term “instructional
10 materials” means educational materials for use within a course
11 which may be available in printed or digital format.
12 (2)(1) An No employee of a Florida College System
13 institution or state university may not demand or receive any
14 payment, loan, subscription, advance, deposit of money, service,
15 or anything of value, present or promised, in exchange for
16 requiring students to purchase a specific textbook or
17 instructional material for coursework or instruction.
18 (3)(2) An employee may receive:
19 (a) Sample copies, instructor copies, or instructional
20 materials. These materials may not be sold for any type of
21 compensation if they are specifically marked as free samples not
22 for resale.
23 (b) Royalties or other compensation from sales of textbooks
24 or instructional materials that include the instructor’s own
25 writing or work.
26 (c) Honoraria for academic peer review of course materials.
27 (d) Fees associated with activities such as reviewing,
28 critiquing, or preparing support materials for textbooks or
29 instructional materials pursuant to guidelines adopted by the
30 State Board of Education or the Board of Governors.
31 (e) Training in the use of course materials and learning
32 technologies.
33 (4)(3) Each Florida College System institution institutions
34 and state university universities shall post prominently in the
35 course registration system and on its website on their websites,
36 as early as is feasible, but at least 14 not less than 30 days
37 before prior to the first day of student registration class for
38 each term, a hyperlink to lists list of each textbook required
39 and recommended textbooks and instructional materials for each
40 course and course section offered at the institution during the
41 upcoming term. The lists posted list must include:
42 (a) The International Standard Book Number (ISBN) for each
43 required and recommended textbook and instructional material.
44 (b) For a textbook or instructional material for which an
45 ISBN is not available, textbook or other identifying
46 information, which must include, at a minimum, all of the
47 following: the title, all authors listed, publishers, edition
48 number, copyright date, published date, and other relevant
49 information necessary to identify the specific textbook or
50 instructional material textbooks required and recommended for
51 each course.
52 (c) The new and used retail price and the rental price, if
53 applicable, for a required and recommended textbook or
54 instructional material for purchase at the institution’s
55 designated bookstore or other specified vendor, including the
56 website or other contact information for the bookstore.
57
58 The State Board of Education and the Board of Governors shall
59 include in the policies, procedures, and guidelines adopted
60 under subsection (5) (4) certain limited exceptions to this
61 notification requirement for courses classes added after the
62 notification deadline.
63 (5)(4) The State Board of Education and the Board of
64 Governors each shall adopt textbook and instructional materials
65 affordability policies, procedures, and guidelines for
66 implementation by Florida College System institutions and state
67 universities, respectively, that further efforts to minimize the
68 cost of textbooks and instructional materials for students
69 attending such institutions while maintaining the quality of
70 education and academic freedom. The policies, procedures, and
71 guidelines shall, at a minimum, require provide for the
72 following:
73 (a) That textbook and instructional material adoptions are
74 made with sufficient lead time to bookstores so as to confirm
75 availability of the requested materials and, where possible,
76 ensure maximum availability of used textbooks and instructional
77 materials books.
78 (b) That, in the textbook and instructional material
79 adoption process, the intent to use all items ordered,
80 particularly each individual item sold as part of a bundled
81 package, is confirmed by the course instructor or the academic
82 department offering the course before the adoption is finalized.
83 (c) That a course instructor or the academic department
84 offering the course determines, before a textbook or
85 instructional material is adopted, the extent to which a new
86 edition differs significantly and substantively from earlier
87 versions and the value to the student of changing to a new
88 edition or the extent to which an open-access textbook or
89 instructional material may exist and be used.
90 (d) That a textbook or instructional material for an
91 undergraduate course shall remain in use for a minimum of 3
92 years in that undergraduate course unless an exception is
93 approved by the institution’s president or designee. An
94 exception must be based upon a determination that the new
95 edition differs significantly and substantially from earlier
96 versions and that there is value to the student in changing to
97 the new edition. The institution’s president or designee shall
98 annually report to the institution’s board of trustees all
99 exceptions granted, including the rationale used to approve each
100 exception. The annual report shall be maintained on the
101 institution’s website.
102 (e)(d) That the establishment of policies shall address the
103 availability of required and recommended textbooks and
104 instructional materials to students otherwise unable to afford
105 the cost, including consideration of the extent to which an
106 open-access textbook or instructional material may be used.
107 (f)(e) That course instructors and academic departments are
108 encouraged to participate in the development, adaptation, and
109 review of open-access textbooks and instructional materials and,
110 in particular, open-access textbooks and instructional materials
111 for high-demand general education courses.
112 (6) Each Florida College System institution and state
113 university shall report annually to the Chancellor of the
114 Florida College System or the Chancellor of the State University
115 System, as applicable, the cost of undergraduate textbooks and
116 instructional materials, by course and course section; the
117 adoption cycles for high-enrollment courses as determined by the
118 chancellors; specific initiatives of the institution which
119 reduce the cost of textbooks and instructional materials; the
120 number of courses and course sections that were not able to meet
121 the textbook and instructional materials posting deadline; and
122 additional information as determined by the chancellors.
123 Annually, by December 31, the chancellors shall compile the
124 institution reports and submit a comprehensive report to the
125 Governor, the President of the Senate, and the Speaker of the
126 House of Representatives.
127 (7) Each Florida College System institution and state
128 university shall send annually to the State Board of Education
129 or the Board of Governors, as applicable, electronic copies of
130 its current textbook and instructional materials affordability
131 policies and procedures. The State Board of Education and the
132 Board of Governors shall provide a link to this information on
133 their respective websites.
134 (8)(a) The Governor shall appoint a task force that
135 includes the Chancellor of the Florida College System, the
136 Chancellor of the State University System, students who are
137 currently enrolled in a public postsecondary institution, and
138 representatives from Florida College System institutions, state
139 universities, textbook and instructional materials publishers,
140 and bookstore owners or managers.
141 (b) The task force shall research options to reduce the
142 cost of print and digital textbooks and instructional materials
143 for all students. The task force shall use the information
144 provided pursuant to subsections (5) and (6) to determine the
145 best methods to reduce costs and must, at a minimum, consider
146 the following:
147 1. An existing Florida College System or State University
148 System initiative to reduce the cost of textbooks and
149 instructional materials.
150 2. Bulk purchasing of e-textbooks.
151 3. Expanding the use of open-access textbooks and
152 instructional materials.
153 4. Textbook and instructional materials rental options.
154 5. The development of online portals at each institution
155 which will assist students in buying, renting, selling, and
156 sharing textbooks and instructional materials.
157 (c) By July 1, 2015, the task force shall submit
158 recommendations to the Governor, the President of the Senate,
159 and the Speaker of the House of Representatives.
160 Section 2. Paragraph (k) of subsection (4) of section
161 1001.7065, Florida Statutes, is amended to read:
162 1001.7065 Preeminent state research universities program.—
163 (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
164 ONLINE LEARNING.—A state research university that, as of July 1,
165 2013, meets all 12 of the academic and research excellence
166 standards identified in subsection (2), as verified by the Board
167 of Governors, shall establish an institute for online learning.
168 The institute shall establish a robust offering of high-quality,
169 fully online baccalaureate degree programs at an affordable cost
170 in accordance with this subsection.
171 (k) The university shall establish a tuition structure for
172 its online institute in accordance with this paragraph,
173 notwithstanding any other provision of law.
174 1. For students classified as residents for tuition
175 purposes, tuition for an online baccalaureate degree program
176 shall be set at no more than 75 percent of the tuition rate as
177 specified in the General Appropriations Act pursuant to s.
178 1009.24(4) and 75 percent of the tuition differential pursuant
179 to s. 1009.24(16). No distance learning fee, fee for campus
180 facilities, or fee for on-campus services may be assessed,
181 except that online students shall pay the university’s
182 technology fee, financial aid fee, and Capital Improvement Trust
183 Fund fee. The revenues generated from the Capital Improvement
184 Trust Fund fee shall be dedicated to the university’s institute
185 for online learning.
186 2. For students classified as nonresidents for tuition
187 purposes, tuition may be set at market rates in accordance with
188 the business plan.
189 3. Tuition for an online degree program shall include all
190 costs associated with instruction, materials, and enrollment,
191 excluding costs associated with the provision of textbooks and
192 instructional materials pursuant to s. 1004.085 and physical
193 laboratory supplies.
194 4. Subject to the limitations in subparagraph 1., tuition
195 may be differentiated by degree program as appropriate to the
196 instructional and other costs of the program in accordance with
197 the business plan. Pricing must incorporate innovative
198 approaches that incentivize persistence and completion,
199 including, but not limited to, a fee for assessment, a bundled
200 or all-inclusive rate, and sliding scale features.
201 5. The university must accept advance payment contracts and
202 student financial aid.
203 6. Fifty percent of the net revenues generated from the
204 online institute of the university shall be used to enhance and
205 enrich the online institute offerings, and 50 percent of the net
206 revenues generated from the online institute shall be used to
207 enhance and enrich the university’s campus state-of-the-art
208 research programs and facilities.
209 7. The institute may charge additional local user fees
210 pursuant to s. 1009.24(14) upon the approval of the Board of
211 Governors.
212 8. The institute shall submit a proposal to the president
213 of the university authorizing additional user fees for the
214 provision of voluntary student participation in activities and
215 additional student services.
216 Section 3. This act shall take effect July 1, 2014.
217
218 ================= T I T L E A M E N D M E N T ================
219 And the title is amended as follows:
220 Delete everything before the enacting clause
221 and insert:
222 A bill to be entitled
223 An act relating to postsecondary education textbook
224 and instructional materials affordability; amending s.
225 1004.085, F.S.; defining the term “instructional
226 materials”; requiring the State Board of Education and
227 the Board of Governors to adopt textbook and
228 instructional materials affordability policies,
229 procedures, and guidelines; providing requirements for
230 the use of adopted undergraduate textbooks and
231 instructional materials and authorizing exceptions;
232 requiring a public postsecondary institution to post
233 in its course registration system and on its website
234 information relating to required and recommended
235 textbooks and instructional materials and prices
236 thereof; requiring annual reporting of textbook and
237 instructional materials cost information and
238 affordability policies and procedures; requiring the
239 Governor to appoint a task force to research options
240 to reduce the cost of textbooks and instructional
241 materials; providing task force membership and duties;
242 amending s. 1001.7065, F.S.; conforming provisions;
243 providing an effective date.