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