Florida Senate - 2014                              CS for SB 530
       By the Committee on Education; and Senator Flores
       581-02474-14                                           2014530c1
    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; revising requirements for
    9         those policies, procedures, and guidelines; providing
   10         requirements for the use of adopted undergraduate
   11         textbooks and instructional materials and authorizing
   12         exceptions; requiring a public postsecondary
   13         institution to post in its course registration system
   14         and on its website information relating to required
   15         and recommended textbooks and instructional materials
   16         and prices thereof; requiring annual reporting of
   17         textbook and instructional materials cost information
   18         and affordability policies and procedures; requiring
   19         the Governor to appoint a task force to research
   20         options to reduce the cost of textbooks and
   21         instructional materials; providing task force
   22         membership and duties; amending s. 1001.7065, F.S.;
   23         conforming provisions; providing an effective 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  which 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.
   85         (5)(4) The State Board of Education and the Board of
   86  Governors each shall adopt textbook and instructional materials
   87  affordability policies, 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 instructional materials for students
   91  attending such institutions while maintaining the quality of
   92  education and academic freedom. The policies, procedures, and
   93  guidelines shall, at a minimum, require provide for the
   94  following:
   95         (a) That textbook and instructional material adoptions are
   96  made with sufficient lead time to bookstores so as to confirm
   97  availability of the requested materials and, where possible,
   98  ensure maximum availability of used textbooks and instructional
   99  materials books.
  100         (b) That, in the textbook and instructional material
  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
  107  instructional material is adopted, the extent to which a new
  108  edition differs significantly and substantively from earlier
  109  versions and the value to the student of changing to a new
  110  edition or the extent to which an open-access textbook or
  111  instructional material may exist and be used.
  112         (d) That a textbook or instructional material for an
  113  undergraduate course shall remain in use for a minimum of 3
  114  years in that undergraduate course unless an exception is
  115  approved by the institution’s president or designee. An
  116  exception must be based upon a determination that the new
  117  edition differs significantly and substantially from earlier
  118  versions and that there is value to the student in changing to
  119  the new edition. The institution’s president or designee shall
  120  annually report to the institution’s board of trustees all
  121  exceptions granted, including the rationale used to approve each
  122  exception. The annual report shall be maintained on the
  123  institution’s website.
  124         (e)(d) That the establishment of policies shall address the
  125  availability of required and recommended textbooks and
  126  instructional materials to students otherwise unable to afford
  127  the cost, including consideration of the extent to which an
  128  open-access textbook or instructional material may be used.
  129         (f)(e) That course instructors and academic departments are
  130  encouraged to participate in the development, adaptation, and
  131  review of open-access textbooks and instructional materials and,
  132  in particular, open-access textbooks and instructional materials
  133  for high-demand general education courses. The cost benefits of
  134  such efforts should be taken into consideration, including
  135  comparison with the cost benefits of textbooks and instructional
  136  materials produced by publishers.
  137         (g) That, for an undergraduate course in which a dual
  138  enrollment student may be enrolled, a textbook or instructional
  139  material remain in use for a minimum of 5 years.
  140         (6) Each Florida College System institution and state
  141  university shall report annually to the Chancellor of the
  142  Florida College System or the Chancellor of the State University
  143  System, as applicable, the cost of undergraduate textbooks and
  144  instructional materials, by course and course section; the
  145  adoption cycles for high-enrollment courses as determined by the
  146  chancellors; specific initiatives of the institution which
  147  reduce the cost of textbooks and instructional materials; the
  148  number of courses and course sections that were not able to meet
  149  the textbook and instructional materials posting deadline; and
  150  additional information as determined by the chancellors.
  151  Annually, by December 31, the chancellors shall compile the
  152  institution reports and submit a comprehensive report to the
  153  Governor, the President of the Senate, and the Speaker of the
  154  House of Representatives.
  155         (7) Each Florida College System institution and state
  156  university shall send annually to the State Board of Education
  157  or the Board of Governors, as applicable, electronic copies of
  158  its current textbook and instructional materials affordability
  159  policies and procedures. The State Board of Education and the
  160  Board of Governors shall provide a link to this information on
  161  their respective websites.
  162         (8)(a) The Governor shall appoint a task force that
  163  includes the Chancellor of the Florida College System, the
  164  Chancellor of the State University System, students who are
  165  currently enrolled in a public postsecondary institution, and
  166  representatives from Florida College System institutions, state
  167  universities, textbook and instructional materials publishers,
  168  and bookstore owners or managers.
  169         (b) The task force shall research options to reduce the
  170  cost of print and digital textbooks and instructional materials
  171  for all students. The task force shall use the information
  172  provided pursuant to subsections (5) and (6) to determine the
  173  best methods to reduce costs and must, at a minimum, consider
  174  the following:
  175         1. An existing Florida College System or State University
  176  System initiative to reduce the cost of textbooks and
  177  instructional materials.
  178         2. Bulk purchasing of e-textbooks.
  179         3. Expanding the use of open-access textbooks and
  180  instructional materials.
  181         4. Textbook and instructional materials rental options.
  182         5. The development of online portals at each institution
  183  which will assist students in buying, renting, selling, and
  184  sharing textbooks and instructional materials.
  185         (c) By July 1, 2015, the task force shall submit
  186  recommendations to the Governor, the President of the Senate,
  187  and the Speaker of the House of Representatives.
  188         Section 2. Paragraph (k) of subsection (4) of section
  189  1001.7065, Florida Statutes, is amended to read:
  190         1001.7065 Preeminent state research universities program.—
  192  ONLINE LEARNING.—A state research university that, as of July 1,
  193  2013, meets all 12 of the academic and research excellence
  194  standards identified in subsection (2), as verified by the Board
  195  of Governors, shall establish an institute for online learning.
  196  The institute shall establish a robust offering of high-quality,
  197  fully online baccalaureate degree programs at an affordable cost
  198  in accordance with this subsection.
  199         (k) The university shall establish a tuition structure for
  200  its online institute in accordance with this paragraph,
  201  notwithstanding any other provision of law.
  202         1. For students classified as residents for tuition
  203  purposes, tuition for an online baccalaureate degree program
  204  shall be set at no more than 75 percent of the tuition rate as
  205  specified in the General Appropriations Act pursuant to s.
  206  1009.24(4) and 75 percent of the tuition differential pursuant
  207  to s. 1009.24(16). No distance learning fee, fee for campus
  208  facilities, or fee for on-campus services may be assessed,
  209  except that online students shall pay the university’s
  210  technology fee, financial aid fee, and Capital Improvement Trust
  211  Fund fee. The revenues generated from the Capital Improvement
  212  Trust Fund fee shall be dedicated to the university’s institute
  213  for online learning.
  214         2. For students classified as nonresidents for tuition
  215  purposes, tuition may be set at market rates in accordance with
  216  the business plan.
  217         3. Tuition for an online degree program shall include all
  218  costs associated with instruction, materials, and enrollment,
  219  excluding costs associated with the provision of textbooks and
  220  instructional materials pursuant to s. 1004.085 and physical
  221  laboratory supplies.
  222         4. Subject to the limitations in subparagraph 1., tuition
  223  may be differentiated by degree program as appropriate to the
  224  instructional and other costs of the program in accordance with
  225  the business plan. Pricing must incorporate innovative
  226  approaches that incentivize persistence and completion,
  227  including, but not limited to, a fee for assessment, a bundled
  228  or all-inclusive rate, and sliding scale features.
  229         5. The university must accept advance payment contracts and
  230  student financial aid.
  231         6. Fifty percent of the net revenues generated from the
  232  online institute of the university shall be used to enhance and
  233  enrich the online institute offerings, and 50 percent of the net
  234  revenues generated from the online institute shall be used to
  235  enhance and enrich the university’s campus state-of-the-art
  236  research programs and facilities.
  237         7. The institute may charge additional local user fees
  238  pursuant to s. 1009.24(14) upon the approval of the Board of
  239  Governors.
  240         8. The institute shall submit a proposal to the president
  241  of the university authorizing additional user fees for the
  242  provision of voluntary student participation in activities and
  243  additional student services.
  244         Section 3. This act shall take effect July 1, 2014.