Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 530
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2014           .                                

    1         Senate Amendment (with title amendment)
    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.
   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.—
  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.
  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.