CS/HB 7105

1
A bill to be entitled
2An act relating to postsecondary distance learning;
3establishing the Florida Distance Learning Task Force;
4providing for membership; requiring the task force to
5submit a report containing certain recommendations to the
6Governor, the Legislature, and certain entities by a
7specified date; providing for future expiration; creating
8s. 1004.09, F.S.; establishing the Florida Higher
9Education Distance Learning Catalog; requiring that the
10Florida Distance Learning Consortium establish guidelines
11and procedures and provide information on certain
12requirements and information relating to distance learning
13courses and degree programs; requiring that the catalog
14include an Internet-based analytic tool that collects and
15analyzes certain data; amending s. 1009.23, F.S.;
16exempting a distance learning course from laboratory fees;
17authorizing the State Board of Education to adopt rules;
18authorizing a community college to assess a student
19enrolled in a course listed in the catalog a per-credit-
20hour user fee; requiring that such fee not exceed a
21certain amount; prohibiting the assessment of other fees
22if the distance learning course user fee is assessed;
23requiring that the board of trustees report to the
24Division of Community Colleges the total amount of revenue
25generated by such fee for the preceding year and how such
26fee was expended; requiring that the link for the catalog
27be prominently displayed on the institution's website;
28amending s. 1009.24, F.S.; authorizing a state university
29to assess a per-credit-hour distance learning course fee;
30requiring that such fee not exceed a certain amount;
31prohibiting the state university from assessing
32duplicative fees to cover the same additional costs;
33requiring that the link to the catalog be prominently
34displayed on the institution's website; providing an
35effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Florida Distance Learning Task Force.--
40     (1)  The Florida Distance Learning Task Force is
41established to make recommendations to facilitate access to
42undergraduate distance learning resources that enable public
43postsecondary educational institutions to fulfill their missions
44while contributing to and sharing in the distance learning
45resources of the Florida Distance Learning Consortium.
46     (2)(a)  Members of the task force shall be appointed by the
47chancellors of the Division of Community Colleges and the Board
48of Governors and shall be comprised of nine members.
49     (b)  The membership of the task force shall consist of:
50     1.  Four members from the State University System, with one
51member being a state university president, one member having
52experience in academic affairs or student affairs, one member
53having experience in finance or business services, and one
54member being from the Chancellor's Office of the Board of
55Governors and having experience in distance learning education.
56     2.  Four members from the Community College System, with
57one member being a community college president, one member
58having experience in academic affairs or student affairs, one
59member having experience in finance or business services, and
60one member being from the Chancellor's Office of the Division of
61Community Colleges and having experience in distance learning
62education.
63     3.  One member who is the executive director of the Florida
64Distance Learning Consortium.
65     (3)  The task force shall submit to the Governor, the
66President of the Senate, the Speaker of the House of
67Representatives, the State Board of Education, the Board of
68Governors, and the university and community college boards of
69trustees, no later than March 1, 2009, a detailed report that
70includes, but is not limited to, recommendations regarding:
71     (a)  The management and promotion of the Florida Higher
72Education Distance Learning Catalog pursuant to s. 1004.09,
73Florida Statutes, to help increase student access to
74undergraduate distance learning courses and degree programs and,
75in particular, students seeking accelerated access in order to
76complete their degrees.
77     (b)  The creation of a central content repository for
78instructional resources which can be used by faculty in
79developing, evaluating, and enhancing distance learning courses
80and degree programs.
81     (c)  The potential use of distance learning as a means to
82address critical educational needs of the state.
83     (d)  The evaluation and promotion of new and proven
84instructional methods, emerging technologies, and quality
85distance learning courses and degree programs.
86     (e)  The coordination and support of educational programs
87and other training opportunities for faculty and professional
88staff in developing, evaluating, and enhancing distance learning
89courses and degree programs.
90     (f)  A process for negotiating statewide licensing and
91pricing agreements for distance learning resources and entering
92into agreements with distance learning resource providers when
93such negotiations and agreements result in cost savings for the
94participating institutions.
95     (g)  Opportunities for building partnerships among
96educational institutions, businesses, and communities.
97     (h)  Methods that will improve student access to and
98completion of distance learning courses and degree programs.
99     (i)  Policies that address ways to increase access and
100cost-effectiveness in the development and delivery of
101undergraduate distance learning courses and degree programs.
102Such recommended policies must address the cost variations that
103exist within the delivery system and identify the best practices
104that minimize costs of the development and delivery of distance
105learning courses while enhancing the effectiveness of
106instruction.
107     (j)  An accountability mechanism to assess the
108effectiveness of the services provided by the Florida Distance
109Learning Consortium.
110     (k)  The future role of the Florida Distance Learning
111Consortium as a facilitator of the state's public undergraduate
112postsecondary distance learning.
113     (l)  A process for reporting on the data collected by the
114Florida Higher Education Distance Learning Catalog.
115     (m)  The definition of a distance learning course.
116     (n)  A plan for developing and implementing an online
117system that streamlines and automates the registration process
118for students who have been admitted to a public postsecondary
119educational institution and who wish to enroll in a course
120listed in the Florida Higher Education Distance Learning
121Catalog. The task force shall identify and address the
122applicable administrative, programmatic, and technical issues
123and protocols necessary to ensure the implementation of such a
124system as an alternative to the standard registration process of
125each institution which complies with the academic policies and
126procedures of the institutions offering the course. At a
127minimum, the system must:
128     1.  Allow a qualified student to register for any
129undergraduate course listed in the catalog, including courses
130offered by an institution that is not the student's degree-
131granting or home institution.
132     2.  Allow for the expedited transfer of the distance
133learning course credit awarded by the institution offering the
134distance learning course to the student's degree-granting or
135home institution upon the student's successful completion of the
136distance learning course.
137     3.  Be accessible from the catalog.
138     4.  Comply with applicable technology security standards
139and guidelines established by the Agency for Enterprise
140Information Technology to ensure the secure transmission of
141student information.
142     (4)  This section expires July 1, 2009.
143     Section 2.  Section 1004.09, Florida Statutes, is created
144to read:
145     1004.09  Florida Higher Education Distance Learning
146Catalog.--
147     (1)  The Florida Higher Education Distance Learning Catalog
148is established as an interactive, Internet-based central point
149of access to distance learning courses, degree programs, and
150resources offered by public postsecondary educational
151institutions and is intended to assist in the coordination and
152collaboration of articulation and access pursuant to part II of
153chapter 1007.
154     (2)  The Florida Distance Learning Consortium must
155establish operational guidelines and procedures for the catalog,
156which must include:
157     (a)  Requiring participating institutions to provide clear,
158complete, and timely information concerning requirements for the
159distance learning course and degree program, the type of
160required technology and technical equipment, any prerequisite
161courses or technology competencies and skills, the availability
162of academic support services, financial aid resources, and the
163costs, fees, and payment information and policies.
164     (b)  Requiring that distance learning courses and degree
165programs meet applicable and appropriate accreditation standards
166and criteria.
167     (c)  Requiring that, at a minimum, the catalog is reviewed
168at the start of each academic semester to ensure distance
169learning courses and degree programs comply with the operational
170guidelines and procedures established by the Florida Distance
171Learning Consortium.
172     (3)  The catalog must include an Internet-based analytic
173tool that allows for the collection and analysis of data,
174including:
175     (a)  The number and type of students who use the catalog to
176search for distance learning courses and degree programs.
177     (b)  The number and type of requests for information on
178distance learning courses and degree programs that are not
179listed in the catalog.
180     (c)  The comparison of distance learning course and degree
181program cost data.
182     (d)  An evaluation of course completions, graduation, and
183retention rates of students enrolled in distance learning
184courses.
185     (e)  The summary of specific requests by course type or
186course number, delivery method, offering institution, and
187semester.
188     (f)  Other types of data as determined by the consortium.
189     Section 3.  Subsection (12) of section 1009.23, Florida
190Statutes, is amended, present subsection (16) of that section is
191redesignated as subsection (17), and a new subsection (16) is
192added to that section, to read:
193     1009.23  Community college student fees.--
194     (12)(a)  In addition to tuition, out-of-state, financial
195aid, capital improvement, student activity and service, and
196technology fees authorized in this section, each community
197college board of trustees is authorized to establish fee
198schedules for the following user fees and fines: laboratory
199fees, which do not apply to a distance learning course; parking
200fees and fines; library fees and fines; fees and fines relating
201to facilities and equipment use or damage; access or
202identification card fees; duplicating, photocopying, binding, or
203microfilming fees; standardized testing fees; diploma
204replacement fees; transcript fees; application fees; graduation
205fees; and late fees related to registration and payment. Such
206user fees and fines shall not exceed the cost of the services
207provided and shall only be charged to persons receiving the
208service. A community college may not charge any fee except as
209authorized by law or rules of the State Board of Education.
210Parking fee revenues may be pledged by a community college board
211of trustees as a dedicated revenue source for the repayment of
212debt, including lease-purchase agreements and revenue bonds with
213terms not exceeding 20 years and not exceeding the useful life
214of the asset being financed. Community colleges shall use the
215services of the Division of Bond Finance of the State Board of
216Administration to issue any revenue bonds authorized by the
217provisions of this subsection. Any such bonds issued by the
218Division of Bond Finance shall be in compliance with the
219provisions of the State Bond Act. Bonds issued pursuant to the
220State Bond Act shall be validated in the manner established in
221chapter 75. The complaint for such validation shall be filed in
222the circuit court of the county where the seat of state
223government is situated, the notice required to be published by
224s. 75.06 shall be published only in the county where the
225complaint is filed, and the complaint and order of the circuit
226court shall be served only on the state attorney of the circuit
227in which the action is pending.
228     (b)  The State Board of Education may adopt rules pursuant
229to ss. 120.536(1) and 120.54 to administer this subsection.
230     (16)(a)  Each community college may assess a student who
231enrolls in a course listed in the Florida Higher Education
232Distance Learning Catalog established pursuant to s. 1004.09 a
233per-credit-hour distance learning course user fee.
234     (b)  The amount of the distance learning course user fee
235may not exceed the additional costs of the services provided
236which are attributable to the development and delivery of the
237distance learning course. If a community college assesses the
238distance learning course user fee, the institution may not
239assess any other fees to cover the additional costs. By
240September 1 of each year, each board of trustees shall report to
241the Division of Community Colleges the total amount of revenue
242generated by the distance learning course user fee for the prior
243academic year and how the revenue was expended.
244     (c)  The link for the catalog must be prominently displayed
245on the institution's website to inform students of the catalog.
246     Section 4.  Present subsection (17) of section 1009.24,
247Florida Statutes, is redesignated as subsection (18), and a new
248subsection (17) is added to that section, to read:
249     1009.24  State university student fees.--
250     (17)(a)  A state university may assess a student who
251enrolls in a course listed in the Florida Higher Education
252Distance Learning Catalog established pursuant to s. 1004.09 a
253per-credit-hour distance learning course fee.
254     (b)  The amount of the distance learning course fee may not
255exceed the additional costs of the services provided which are
256attributable to the development and delivery of the distance
257learning course. If the distance learning course fee is assessed
258by a state university, the institution may not assess
259duplicative fees to cover the additional costs.
260     (c)  The link for the catalog must be prominently displayed
261on the institution's website informing students of the catalog.
262     Section 5.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.