Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for HB 7019
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: SENAT/C
03/09/2016 05:37 PM . 03/10/2016 05:21 PM
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Senator Legg moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (k) of subsection (4) of section
6 1001.7065, Florida Statutes, is amended to read:
7 1001.7065 Preeminent state research universities program.—
8 (4) PREEMINENT STATE RESEARCH UNIVERSITY INSTITUTE FOR
9 ONLINE LEARNING.—A state research university that, as of July 1,
10 2013, meets all 12 of the academic and research excellence
11 standards identified in subsection (2), as verified by the Board
12 of Governors, shall establish an institute for online learning.
13 The institute shall establish a robust offering of high-quality,
14 fully online baccalaureate degree programs at an affordable cost
15 in accordance with this subsection.
16 (k) The university shall establish a tuition structure for
17 its online institute in accordance with this paragraph,
18 notwithstanding any other provision of law.
19 1. For students classified as residents for tuition
20 purposes, tuition for an online baccalaureate degree program
21 shall be set at no more than 75 percent of the tuition rate as
22 specified in the General Appropriations Act pursuant to s.
23 1009.24(4) and 75 percent of the tuition differential pursuant
24 to s. 1009.24(16). No distance learning fee, fee for campus
25 facilities, or fee for on-campus services may be assessed,
26 except that online students shall pay the university’s
27 technology fee, financial aid fee, and Capital Improvement Trust
28 Fund fee. The revenues generated from the Capital Improvement
29 Trust Fund fee shall be dedicated to the university’s institute
30 for online learning.
31 2. For students classified as nonresidents for tuition
32 purposes, tuition may be set at market rates in accordance with
33 the business plan.
34 3. Tuition for an online degree program shall include all
35 costs associated with instruction, materials, and enrollment,
36 excluding costs associated with the provision of textbooks and
37 instructional materials pursuant to s. 1004.085 and physical
38 laboratory supplies.
39 4. Subject to the limitations in subparagraph 1., tuition
40 may be differentiated by degree program as appropriate to the
41 instructional and other costs of the program in accordance with
42 the business plan. Pricing must incorporate innovative
43 approaches that incentivize persistence and completion,
44 including, but not limited to, a fee for assessment, a bundled
45 or all-inclusive rate, and sliding scale features.
46 5. The university must accept advance payment contracts and
47 student financial aid.
48 6. Fifty percent of the net revenues generated from the
49 online institute of the university shall be used to enhance and
50 enrich the online institute offerings, and 50 percent of the net
51 revenues generated from the online institute shall be used to
52 enhance and enrich the university’s campus state-of-the-art
53 research programs and facilities.
54 7. The institute may charge additional local user fees
55 pursuant to s. 1009.24(14) upon the approval of the Board of
56 Governors.
57 8. The institute shall submit a proposal to the president
58 of the university authorizing additional user fees for the
59 provision of voluntary student participation in activities and
60 additional student services.
61 Section 2. Section 1004.084, Florida Statutes, is created
62 to read:
63 1004.084 College affordability.—
64 (1) The Board of Governors and the State Board of Education
65 shall annually identify strategies to promote college
66 affordability for all Floridians by evaluating, at a minimum,
67 the impact of:
68 (a) Tuition and fees on undergraduate, graduate, and
69 professional students at public colleges and universities and
70 graduate assistants employed by public universities.
71 (b) Federal, state, and institutional financial aid
72 policies on the actual cost of attendance for students and their
73 families.
74 (c) The costs of textbooks and instructional materials.
75 (2) By December 31 of each year, beginning in 2016, the
76 Board of Governors and the State Board of Education shall submit
77 a report on their respective college affordability initiatives
78 to the Governor, the President of the Senate, and the Speaker of
79 the House of Representatives.
80 Section 3. Section 1004.085, Florida Statutes, is amended
81 to read:
82 1004.085 Textbook and instructional materials
83 affordability.—
84 (1) As used in this section, the term “instructional
85 materials” means educational materials for use within a course
86 which may be available in printed or digital format.
87 (2)(1) An No employee of a Florida College System
88 institution or state university may not demand or receive any
89 payment, loan, subscription, advance, deposit of money, service,
90 or anything of value, present or promised, in exchange for
91 requiring students to purchase a specific textbook or
92 instructional material for coursework or instruction.
93 (3)(2) An employee may receive:
94 (a) Sample copies, instructor copies, or instructional
95 materials. These materials may not be sold for any type of
96 compensation if they are specifically marked as free samples not
97 for resale.
98 (b) Royalties or other compensation from sales of textbooks
99 or instructional materials that include the instructor’s own
100 writing or work.
101 (c) Honoraria for academic peer review of course materials.
102 (d) Fees associated with activities such as reviewing,
103 critiquing, or preparing support materials for textbooks or
104 instructional materials pursuant to guidelines adopted by the
105 State Board of Education or the Board of Governors.
106 (e) Training in the use of course materials and learning
107 technologies.
108 (4) Each Florida College System institution and state
109 university board of trustees shall, each semester, examine the
110 cost of textbooks and instructional materials by course and
111 course section for all general education courses offered at the
112 institution to identify any variance in the cost of textbooks
113 and instructional materials among different sections of the same
114 course and the percentage of textbooks and instructional
115 materials that remain in use for more than one term. Courses
116 that have a wide variance in costs among sections or that have
117 frequent changes in textbook and instructional materials
118 selections shall be identified and a list of such courses sent
119 to the appropriate academic department chair for review. This
120 subsection is repealed July 1, 2018, unless reviewed and saved
121 from repeal through reenactment by the Legislature.
122 (5) Each Florida College System institution and state
123 university board of trustees is authorized to adopt policies in
124 consultation with providers, including bookstores, which allow
125 for the use of innovative pricing techniques and payment options
126 for textbooks and instructional materials. Such policies may
127 include bulk pricing arrangements that enable students to
128 purchase course materials or texts that are delivered digitally;
129 delivered through other technologies that are, or the licenses
130 of which are, required for use within a course; or delivered in
131 a print format. Innovative pricing techniques and payment
132 options must include an opt-in provision for students and may be
133 approved only if there is documented evidence that the options
134 reduce the cost of textbooks and instructional materials for
135 students taking a course.
136 (6)(3) Each Florida College System institution institutions
137 and state university universities shall post prominently in the
138 course registration system and on its website on their websites,
139 as early as is feasible, but at least 45 not less than 30 days
140 before prior to the first day of class for each term, a
141 hyperlink to lists list of each textbook required and
142 recommended textbooks and instructional materials for at least
143 95 percent of all courses and each course sections offered at
144 the institution during the upcoming term. The lists posted list
145 must include the International Standard Book Number (ISBN) for
146 each required and recommended textbook and instructional
147 material or other identifying information, which must include,
148 at a minimum, all of the following: the title, all authors
149 listed, publishers, edition number, copyright date, published
150 date, and other relevant information necessary to identify the
151 specific textbook or textbooks or instructional materials
152 required and recommended for each course. The State Board of
153 Education and the Board of Governors shall include in the
154 policies, procedures, and guidelines adopted under subsection
155 (7) (4) certain limited exceptions to this notification
156 requirement for classes added after the notification deadline.
157 (7)(4) After receiving input from students, faculty,
158 bookstores, and publishers, the State Board of Education and the
159 Board of Governors each shall adopt textbook and instructional
160 materials affordability policies, procedures, and guidelines for
161 implementation by Florida College System institutions and state
162 universities, respectively, that further efforts to minimize the
163 cost of textbooks and instructional materials for students
164 attending such institutions while maintaining the quality of
165 education and academic freedom. The policies, procedures, and
166 guidelines shall address provide for the following:
167 (a) The establishment of deadlines for an instructor or
168 department to notify the bookstore of required and recommended
169 textbooks and instructional materials so that the bookstore may
170 verify availability, source lower cost options when practicable,
171 explore alternatives with faculty when academically appropriate,
172 and maximize the availability of used textbooks and
173 instructional materials That textbook adoptions are made with
174 sufficient lead time to bookstores so as to confirm availability
175 of the requested materials and, where possible, ensure maximum
176 availability of used books.
177 (b) Confirmation by the course instructor or academic
178 department offering the course, before the textbook or
179 instructional materials adoption is finalized That, in the
180 textbook adoption process, of the intent to use all items
181 ordered, particularly each individual item sold as part of a
182 bundled package, is confirmed by the course instructor or the
183 academic department offering the course before the adoption is
184 finalized.
185 (c) Determination by That a course instructor or the
186 academic department offering the course determines, before a
187 textbook or instructional material is adopted, of the extent to
188 which a new edition differs significantly and substantively from
189 earlier versions and the value to the student of changing to a
190 new edition or the extent to which an open-access textbook or
191 instructional material is available may exist and be used.
192 (d) That the establishment of policies shall address The
193 availability of required and recommended textbooks and
194 instructional materials to students otherwise unable to afford
195 the cost, including consideration of the extent to which an
196 open-access textbook or instructional material may be used.
197 (e) Participation by That course instructors and academic
198 departments are encouraged to participate in the development,
199 adaptation, and review of open-access textbooks and
200 instructional materials and, in particular, open-access
201 textbooks and instructional materials for high-demand general
202 education courses.
203 (f) Consultation with school districts to identify
204 practices that impact the cost of dual enrollment textbooks and
205 instructional materials to school districts, including, but not
206 limited to, the length of time that textbooks and instructional
207 materials remain in use.
208 (g) Selection of textbooks and instructional materials
209 through cost-benefit analyses that enable students to obtain the
210 highest-quality product at the lowest available price, by
211 considering:
212 1. Purchasing digital textbooks in bulk.
213 2. Expanding the use of open-access textbooks and
214 instructional materials.
215 3. Providing rental options for textbooks and instructional
216 materials.
217 4. Increasing the availability and use of affordable
218 digital textbooks and learning objects.
219 5. Developing mechanisms to assist in buying, renting,
220 selling, and sharing textbooks and instructional materials.
221 6. The length of time that textbooks and instructional
222 materials remain in use.
223 7. An evaluation of cost savings for textbooks and
224 instructional materials which a student may realize if
225 individual students are able to exercise opt-in provisions for
226 the purchase of the materials.
227 (8) The board of trustees of each Florida College System
228 institution and state university shall report, by September 30
229 of each year, beginning in 2016, to the Chancellor of the
230 Florida College System or the Chancellor of the State University
231 System, as applicable, the textbook and instructional materials
232 selection process for general education courses with a wide cost
233 variance identified pursuant to subsection (4) and high
234 enrollment courses; specific initiatives of the institution
235 designed to reduce the costs of textbooks and instructional
236 materials; policies implemented in accordance with subsection
237 (6); the number of courses and course sections that were not
238 able to meet the textbook and instructional materials posting
239 deadline for the previous academic year; and any additional
240 information determined by the chancellors. By November 1 of each
241 year, beginning in 2016, each chancellor shall provide a summary
242 of the information provided by institutions to the State Board
243 of Education and the Board of Governors, as applicable.
244 Section 4. Subsection (20) is added to section 1009.23,
245 Florida Statutes, to read:
246 1009.23 Florida College System institution student fees.—
247 (20) Each Florida College System institution shall publicly
248 notice and notify all enrolled students of any proposal to
249 increase tuition or fees at least 28 days before its
250 consideration at a board of trustees meeting. The notice must:
251 (a) Include the date and time of the meeting at which the
252 proposal will be considered.
253 (b) Specifically outline the details of existing tuition
254 and fees, the rationale for the proposed increase, and how the
255 funds from the proposed increase will be used.
256 (c) Be posted on the institution’s website and issued in a
257 press release.
258 Section 5. Paragraph (b) of subsection (4) of section
259 1009.24, Florida Statutes, is amended, and subsection (20) is
260 added to that section, to read:
261 1009.24 State university student fees.—
262 (4)
263 (b) The Board of Governors, or the board’s designee, may
264 establish tuition for graduate and professional programs, and
265 out-of-state fees for all programs. Except as otherwise provided
266 in this section, the sum of tuition and out-of-state fees
267 assessed to nonresident students must be sufficient to offset
268 the full instructional cost of serving such students. However,
269 adjustments to out-of-state fees or tuition for graduate
270 programs and professional programs may not exceed 15 percent in
271 any year.
272 (20) Each state university shall publicly notice and notify
273 all enrolled students of any proposal to increase tuition or
274 fees at least 28 days before its consideration at a board of
275 trustees meeting. The notice must:
276 (a) Include the date and time of the meeting at which the
277 proposal will be considered.
278 (b) Specifically outline the details of existing tuition
279 and fees, the rationale for the proposed increase, and how the
280 funds from the proposed increase will be used.
281 (c) Be posted on the university’s website and issued in a
282 press release.
283 Section 6. This act shall take effect July 1, 2016.
284
285 ================= T I T L E A M E N D M E N T ================
286 And the title is amended as follows:
287 Delete everything before the enacting clause
288 and insert:
289 A bill to be entitled
290 An act relating to education access and affordability;
291 amending s. 1001.7065, F.S.; specifying that the costs
292 of instructional materials are not included in tuition
293 for certain online degree programs; creating s.
294 1004.084, F.S.; requiring the Board of Governors and
295 the State Board of Education to annually identify
296 strategies to promote college affordability; requiring
297 the Board of Governors of the State University System
298 and the State Board of Education to submit annual
299 reports to the Governor and Legislature relating to
300 college affordability; amending s. 1004.085, F.S.;
301 revising provisions relating to textbook affordability
302 to include instructional materials; defining the term
303 “instructional materials”; specifying that Florida
304 College System or state university employees may not
305 receive anything of value in exchange for
306 instructional materials; requiring Florida College
307 System institution and state university boards of
308 trustees to identify wide variances in the costs of,
309 and frequency of changes in the selection of,
310 textbooks and instructional materials for certain
311 courses; requiring the boards of trustees to send a
312 list of identified courses to the academic department
313 chairs for review; providing for legislative review
314 and repeal of specified provisions; authorizing the
315 Florida College System institution and state
316 university boards of trustees to adopt policies in
317 consultation with providers to allow for the use of
318 innovative pricing techniques and payment options for
319 certain textbooks and instructional materials;
320 requiring the innovative techniques and options to
321 include certain provisions; requiring Florida College
322 System institutions and state universities to post
323 certain information on their websites; requiring the
324 State Board of Education and Board of Governors to
325 receive input from specified individuals and entities
326 before adopting textbook and instructional materials
327 affordability policies; requiring postsecondary
328 institutions to consult with certain school districts
329 to identify certain practices; requiring cost-benefit
330 analyses relating to textbooks and instructional
331 materials; providing reporting requirements; amending
332 s. 1009.23, F.S.; requiring Florida College System
333 institutions to provide a public notice relating to
334 increases in tuition and fees; amending s. 1009.24,
335 F.S.; requiring state universities to provide a public
336 notice relating to increases in tuition and fees;
337 providing an effective date.