Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 530
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2014           .                                

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