Florida Senate - 2014                                     SB 530
       By Senator Flores
       37-00608-14                                            2014530__
    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.; revising textbook affordability
    5         policies and procedures to include other instructional
    6         materials; requiring an institution to post on its
    7         course schedule information relating to required and
    8         recommended textbooks and other instructional
    9         materials and cost information; requiring the policies
   10         and procedures to be adopted by Florida College System
   11         institutions and state universities; requiring annual
   12         reporting of textbook and other instructional
   13         materials costs; requiring the State Board of
   14         Education and the Board of Governors of the State
   15         University System to submit recommendations to the
   16         Governor and the Legislature to reduce student costs;
   17         requiring the Florida Virtual Campus to report
   18         textbook and other instructional materials
   19         affordability policies and procedures and bookstore
   20         contracts; amending s. 1001.7065, F.S.; conforming
   21         provisions to changes made by the act; providing an
   22         effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 1004.085, Florida Statutes, is amended
   27  to read:
   28         1004.085 Textbook and instructional materials
   29  affordability.—
   30         (1) An No employee of a Florida College System institution
   31  or state university may not demand or receive any payment, loan,
   32  subscription, advance, deposit of money, service, or anything of
   33  value, present or promised, in exchange for requiring students
   34  to purchase a specific textbook or other instructional materials
   35  for coursework or instruction.
   36         (2) An employee may receive:
   37         (a) Sample copies, instructor copies, or instructional
   38  materials. These materials may not be sold for any type of
   39  compensation if they are specifically marked as free samples not
   40  for resale.
   41         (b) Royalties or other compensation from sales of textbooks
   42  or other instructional materials that include the instructor’s
   43  own writing or work.
   44         (c) Honoraria for academic peer review of course materials.
   45         (d) Fees associated with activities such as reviewing,
   46  critiquing, or preparing support materials for textbooks or
   47  other instructional materials pursuant to policies and
   48  procedures guidelines adopted by the Florida College System
   49  institution State Board of Education or state university the
   50  Board of Governors.
   51         (e) Training in the use of course materials and learning
   52  technologies.
   53         (3) Each Florida College System institution institutions
   54  and state university universities shall post on the registrar’s
   55  schedule of courses their websites, as early as is feasible, but
   56  at least 14 not less than 30 days before prior to the first day
   57  of student registration class for each term, a list of each
   58  textbook required and recommended textbooks and other
   59  instructional materials for each course and course section
   60  offered at the institution during the upcoming term. The posted
   61  list must include:
   62         (a) The International Standard Book Number (ISBN) for each
   63  required and recommended textbook and other instructional
   64  material.
   65         (b)For textbooks or other instructional materials for
   66  which an ISBN is not available, other identifying information,
   67  which must include, at a minimum, all of the following: the
   68  title, all authors listed, publishers, edition number, copyright
   69  date, published date, and other relevant information necessary
   70  to identify the specific textbook or textbooks or other
   71  instructional materials required and recommended for each
   72  course.
   73         (c) The new and used retail price and the rental price, if
   74  applicable, for required and recommended textbooks and other
   75  instructional materials for purchase at the institution’s
   76  bookstore or other bookstore, including the website or other
   77  contact information for the bookstore.
   79  Each Florida College System institution and state university The
   80  State Board of Education and the Board of Governors shall
   81  include in the policies and, procedures, and guidelines adopted
   82  under subsection (4) certain limited exceptions to this
   83  notification requirement for courses classes added after the
   84  notification deadline.
   85         (4) The State Board of Education and the Board of Governors
   86  Each Florida College System institution and state university
   87  shall adopt policies and, procedures, and guidelines for
   88  implementation by Florida College System institutions and state
   89  universities, respectively, that further efforts to minimize the
   90  cost of textbooks and other instructional materials for students
   91  attending such institutions while maintaining the quality of
   92  education and academic freedom. The policies and, procedures,
   93  and guidelines shall, at a minimum, require provide for the
   94  following:
   95         (a) That textbook and other instructional material
   96  adoptions are made with sufficient lead time to bookstores so as
   97  to confirm availability of the requested materials and, where
   98  possible, ensure maximum availability of used textbooks and
   99  other instructional materials books.
  100         (b) That, in the textbook and other instructional materials
  101  adoption process, the intent to use all items ordered,
  102  particularly each individual item sold as part of a bundled
  103  package, is confirmed by the course instructor or the academic
  104  department offering the course before the adoption is finalized.
  105         (c) That a course instructor or the academic department
  106  offering the course determines, before a textbook or other
  107  instructional material is adopted, the extent to which a new
  108  edition differs significantly and substantively from earlier
  109  versions and the value of changing to a new edition or the
  110  extent to which an open-access textbook or other instructional
  111  material may exist and be used.
  112         (d) That the establishment of policies must shall address
  113  the availability of required and recommended textbooks and other
  114  instructional materials to students otherwise unable to afford
  115  the cost, including consideration of the extent to which an
  116  open-access textbook or other instructional material may be
  117  used.
  118         (e) That course instructors and academic departments are
  119  encouraged to participate in the development, adaptation, and
  120  review of open-access textbooks and other instructional
  121  materials and, in particular, open-access textbooks and other
  122  instructional materials for high-demand general education
  123  courses.
  124         (5) Each Florida College System institution and state
  125  university shall report annually to the Chancellor of the
  126  Florida College System or the Chancellor of the State University
  127  System, as applicable, the average cost of textbooks and other
  128  instructional materials, the adoption cycles for high-demand
  129  courses as determined by the chancellors, and additional
  130  information as determined by the chancellors. By December 31 of
  131  each year, the Chancellor of the Florida College System and the
  132  Chancellor of the State University System shall compile the
  133  institution reports and submit a comprehensive report to the
  134  Governor, the Board of Governors, the President of the Senate,
  135  and the Speaker of the House of Representatives.
  136         (6) By December 31, 2014, the State Board of Education and
  137  the Board of Governors shall submit recommendations to the
  138  Governor, the President of the Senate, and the Speaker of the
  139  House of Representatives for negotiating statewide agreements
  140  with publishers and vendors of textbooks and other instructional
  141  materials, both print and digital, to reduce student costs.
  142         (7) Each Florida College System institution and state
  143  university shall report annually to the Florida Virtual Campus
  144  the institution’s textbook and other instructional materials
  145  affordability policies and procedures and bookstore contracts.
  146  The Florida Virtual Campus shall annually report this
  147  information to the Chancellor of the Florida College System and
  148  the Chancellor of the State University System and make the
  149  information available on the Florida Virtual Campus website.
  150         Section 2. Paragraph (k) of subsection (4) of section
  151  1001.7065, Florida Statutes, is amended to read:
  152         1001.7065 Preeminent state research universities program.—
  154  ONLINE LEARNING.—A state research university that, as of July 1,
  155  2013, meets all 12 of the academic and research excellence
  156  standards identified in subsection (2), as verified by the Board
  157  of Governors, shall establish an institute for online learning.
  158  The institute shall establish a robust offering of high-quality,
  159  fully online baccalaureate degree programs at an affordable cost
  160  in accordance with this subsection.
  161         (k) The university shall establish a tuition structure for
  162  its online institute in accordance with this paragraph,
  163  notwithstanding any other provision of law.
  164         1. For students classified as residents for tuition
  165  purposes, tuition for an online baccalaureate degree program
  166  shall be set at no more than 75 percent of the tuition rate as
  167  specified in the General Appropriations Act pursuant to s.
  168  1009.24(4) and 75 percent of the tuition differential pursuant
  169  to s. 1009.24(16). No distance learning fee, fee for campus
  170  facilities, or fee for on-campus services may be assessed,
  171  except that online students shall pay the university’s
  172  technology fee, financial aid fee, and Capital Improvement Trust
  173  Fund fee. The revenues generated from the Capital Improvement
  174  Trust Fund fee shall be dedicated to the university’s institute
  175  for online learning.
  176         2. For students classified as nonresidents for tuition
  177  purposes, tuition may be set at market rates in accordance with
  178  the business plan.
  179         3. Tuition for an online degree program must shall include
  180  all costs associated with instruction, materials, and
  181  enrollment, excluding costs associated with the provision of
  182  textbooks and instructional materials pursuant to s. 1004.085
  183  and physical laboratory supplies.
  184         4. Subject to the limitations in subparagraph 1., tuition
  185  may be differentiated by degree program as appropriate to the
  186  instructional and other costs of the program in accordance with
  187  the business plan. Pricing must incorporate innovative
  188  approaches that incentivize persistence and completion,
  189  including, but not limited to, a fee for assessment, a bundled
  190  or all-inclusive rate, and sliding scale features.
  191         5. The university must accept advance payment contracts and
  192  student financial aid.
  193         6. Fifty percent of the net revenues generated from the
  194  online institute of the university shall be used to enhance and
  195  enrich the online institute offerings, and 50 percent of the net
  196  revenues generated from the online institute shall be used to
  197  enhance and enrich the university’s campus state-of-the-art
  198  research programs and facilities.
  199         7. The institute may charge additional local user fees
  200  pursuant to s. 1009.24(14) upon the approval of the Board of
  201  Governors.
  202         8. The institute shall submit a proposal to the president
  203  of the university authorizing additional user fees for the
  204  provision of voluntary student participation in activities and
  205  additional student services.
  206         Section 3. This act shall take effect July 1, 2014.