Florida Senate - 2022 SB 7044
By the Committee on Education
581-02860-22 20227044__
1 A bill to be entitled
2 An act relating to postsecondary education; amending
3 s. 1004.085, F.S.; providing requirements for lists of
4 required and recommended textbooks and instructional
5 materials for Florida College System institution and
6 state university courses; amending s. 1007.24, F.S.;
7 revising the maintenance requirements of, and
8 information that must be included in, the statewide
9 course numbering system; requiring certain
10 postsecondary educational institutions’ registration
11 processes to include specified information; requiring
12 certain postsecondary educational institutions to
13 accept and apply general education courses and credit
14 in a specified manner; requiring the State Board of
15 Education to adopt rules; providing requirements for
16 such rules; creating s. 1008.47, F.S.; defining the
17 term “postsecondary education institution”;
18 prohibiting public postsecondary education
19 institutions from being accredited by the same agency
20 or association for consecutive accreditation cycles;
21 requiring public postsecondary education institutions
22 to collaborate to identify additional accrediting
23 agencies or associations that are recognized by the
24 database created and maintained by the United States
25 Department of Education, other than their current
26 accrediting agencies or associations, from which they
27 may seek and obtain accreditation; creating a cause of
28 action for postsecondary education institutions;
29 authorizing the award of specified damages, court
30 costs, and attorney fees; providing for the future
31 expiration of specified provisions; amending ss.
32 1009.23 and 1009.24, F.S.; requiring Florida College
33 System institutions and state universities,
34 respectively, to post specified information relating
35 to tuition and fee rates and proposed changes to such
36 rates on their websites; revising the information that
37 must be included in a required notice to students;
38 requiring a specific press release to be e-mailed to
39 enrolled students; providing requirements for a
40 Florida College System institution or a state
41 university, respectively, to raise, impose, or
42 authorize certain fees; providing a directive to the
43 Division of Law Revision; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 1004.085, Florida Statutes, is amended
48 to read:
49 1004.085 Textbook and instructional materials affordability
50 and transparency.—
51 (1) As used in this section, the term “instructional
52 materials” means educational materials for use within a course
53 which may be available in printed or digital format.
54 (2) An employee of a Florida College System institution or
55 state university may not demand or receive any payment, loan,
56 subscription, advance, deposit of money, service, or anything of
57 value, present or promised, in exchange for requiring students
58 to purchase a specific textbook or instructional material for
59 coursework or instruction.
60 (3) An employee may receive:
61 (a) Sample copies, instructor copies, or instructional
62 materials. These materials may not be sold for any type of
63 compensation if they are specifically marked as free samples not
64 for resale.
65 (b) Royalties or other compensation from sales of textbooks
66 or instructional materials that include the instructor’s own
67 writing or work.
68 (c) Honoraria for academic peer review of course materials.
69 (d) Fees associated with activities such as reviewing,
70 critiquing, or preparing support materials for textbooks or
71 instructional materials pursuant to guidelines adopted by the
72 State Board of Education or the Board of Governors.
73 (e) Training in the use of course materials and learning
74 technologies.
75 (4) Each Florida College System institution and state
76 university board of trustees is authorized to adopt policies in
77 consultation with providers, including bookstores, which allow
78 for the use of innovative pricing techniques and payment options
79 for textbooks and instructional materials. Such policies may
80 include bulk pricing arrangements that enable students to
81 purchase course materials or texts that are delivered digitally;
82 delivered through other technologies that are, or the licenses
83 of which are, required for use within a course; or delivered in
84 a print format. Innovative pricing techniques and payment
85 options must include an opt-in or opt-out provision for students
86 and may be approved only if there is documented evidence that
87 the options reduce the cost of textbooks and instructional
88 materials for students taking a course.
89 (5)(a) Each Florida College System institution and state
90 university shall post prominently in the course registration
91 system and on its website, as early as is feasible, but at least
92 45 days before the first day of class for each term, a hyperlink
93 to lists of required and recommended textbooks and instructional
94 materials for at least 95 percent of all courses and course
95 sections offered at the institution during the upcoming term.
96 The lists must include the International Standard Book Number
97 (ISBN) for each required and recommended textbook and
98 instructional material or other identifying information, which
99 must include, at a minimum, all of the following: the title, all
100 authors listed, publishers, edition number, copyright date,
101 published date, and other relevant information necessary to
102 identify the specific textbooks or instructional materials
103 required and recommended for each course. The State Board of
104 Education and the Board of Governors shall include in the
105 policies, procedures, and guidelines adopted under subsection
106 (6) certain limited exceptions to this notification requirement
107 for classes added after the notification deadline.
108 (b) The lists of required and recommended textbooks and
109 instructional materials required in paragraph (a) must:
110 1. Be posted as early as is feasible but at least 45 days
111 before the first day of class for each term.
112 2. Remain posted for at least 5 academic years.
113 3. Be searchable by the course subject, the course number,
114 the course title, the name of the instructor of the course, the
115 title of each assigned textbook or instructional material, and
116 each author of an assigned textbook or instructional material.
117 4. Be easily downloadable by current and prospective
118 students.
119 (c) If a course subject to paragraphs (a) and (b) is a
120 general education core course option identified pursuant to s.
121 1007.25, course syllabi information containing sufficient detail
122 to inform students of all of the following must be included:
123 1. The course curriculum.
124 2. The goals, objectives, and student expectations of the
125 course.
126 3. How student performance will be measured.
127 (6) After receiving input from students, faculty,
128 bookstores, and publishers, the State Board of Education and the
129 Board of Governors each shall adopt textbook and instructional
130 materials affordability policies, procedures, and guidelines for
131 implementation by Florida College System institutions and state
132 universities, respectively, that further efforts to minimize the
133 cost of textbooks and instructional materials for students
134 attending such institutions while maintaining the quality of
135 education and academic freedom. The policies, procedures, and
136 guidelines shall address:
137 (a) The establishment of deadlines for an instructor or
138 department to notify the bookstore of required and recommended
139 textbooks and instructional materials so that the bookstore may
140 verify availability, source lower cost options when practicable,
141 explore alternatives with faculty when academically appropriate,
142 and maximize the availability of used textbooks and
143 instructional materials.
144 (b) Confirmation by the course instructor or academic
145 department offering the course, before the textbook or
146 instructional materials adoption is finalized, of the intent to
147 use all items ordered, particularly each individual item sold as
148 part of a bundled package.
149 (c) Determination by a course instructor or the academic
150 department offering the course, before a textbook or
151 instructional material is adopted, of the extent to which a new
152 edition differs significantly and substantively from earlier
153 versions and the value to the student of changing to a new
154 edition or the extent to which an open-access textbook or
155 instructional material is available.
156 (d) The availability of required and recommended textbooks
157 and instructional materials to students otherwise unable to
158 afford the cost, including consideration of the extent to which
159 an open-access textbook or instructional material may be used.
160 (e) Participation by course instructors and academic
161 departments in the development, adaptation, and review of open
162 access textbooks and instructional materials and, in particular,
163 open-access textbooks and instructional materials for high
164 demand general education courses.
165 (f) Consultation with school districts to identify
166 practices that impact the cost of dual enrollment textbooks and
167 instructional materials to school districts, including, but not
168 limited to, the length of time that textbooks and instructional
169 materials remain in use.
170 (g) Selection of textbooks and instructional materials
171 through cost-benefit analyses that enable students to obtain the
172 highest-quality product at the lowest available price, by
173 considering:
174 1. Purchasing digital textbooks in bulk.
175 2. Expanding the use of open-access textbooks and
176 instructional materials.
177 3. Providing rental options for textbooks and instructional
178 materials.
179 4. Increasing the availability and use of affordable
180 digital textbooks and learning objects.
181 5. Developing mechanisms to assist in buying, renting,
182 selling, and sharing textbooks and instructional materials.
183 6. The length of time that textbooks and instructional
184 materials remain in use.
185 7. An evaluation of cost savings for textbooks and
186 instructional materials which a student may realize if
187 individual students are able to exercise opt-in provisions for
188 the purchase of the materials.
189 (7) The board of trustees of each Florida College System
190 institution and state university shall report, by September 30
191 of each year, to the Chancellor of the Florida College System or
192 the Chancellor of the State University System, as applicable,
193 the textbook and instructional materials selection process for
194 high-enrollment courses; specific initiatives of the institution
195 designed to reduce the costs of textbooks and instructional
196 materials; policies implemented in accordance with subsection
197 (5); the number of courses and course sections that were not
198 able to meet the textbook and instructional materials posting
199 deadline for the previous academic year; and any additional
200 information determined by the chancellors. By November 1 of each
201 year, each chancellor shall provide a summary of the information
202 provided by institutions to the State Board of Education and the
203 Board of Governors, as applicable.
204 Section 2. Present subsection (8) of section 1007.24,
205 Florida Statutes, is redesignated as subsection (9) and amended,
206 a new subsection (8) is added to that section, and subsections
207 (4) and (5) of that section are amended, to read:
208 1007.24 Statewide course numbering system.—
209 (4) The statewide course numbering system must be shall
210 maintained electronically and regularly updated by the
211 department and include the courses at the recommended levels,
212 course numbers, course titles, credits awarded, and other
213 identifiable information by institution and academic year, as
214 required by state board rule.
215 (5) The registration process at each state university and
216 Florida College System institution must shall include the
217 courses at their designated levels, and statewide course
218 numbers, course titles, credits awarded, and other identifiable
219 information, as required by state board rule.
220 (8) Participating postsecondary institutions receiving
221 transfer course credit must accept and apply general education
222 courses and credit in accordance with this section, s. 1007.25,
223 and other provisions of law, including credit earned through
224 dual enrollment, course equivalencies, and other acceleration
225 mechanisms, as first satisfying general education core course
226 credit requirements and other general education subject area
227 course credit requirements before applying the course credit as
228 elective credit.
229 (9)(8) The State Board of Education shall adopt rules that
230 provide for the collection of course information from
231 participating institutions, identifiable information required
232 for each course, and the conduct of regularly scheduled faculty
233 committee reviews and recommendations. At a minimum, rules must
234 address all of the following:
235 (a) Required institutional reporting formats, timelines,
236 and procedures for the timely and uniform collection and
237 publication of course data information.
238 (b) Regularly scheduled faculty committee reviews and
239 recommendations to the commissioner for the alignment or
240 realignment of courses, course numbers, course titles,
241 designated levels, credits awarded, and other identifiable
242 information for the purpose of facilitating credit transfer and
243 acceptance for substantially similar courses at receiving
244 institutions.
245 (c) Regularly scheduled faculty committee reviews and
246 recommendations to the commissioner for the classification or
247 reclassification of courses as satisfying general education,
248 general education core, prerequisite, substitution, equivalency,
249 civic literacy, or other course types, pursuant to s. 1007.25,
250 consistent with subject area, course content, programmatic, and
251 other requirements outlined in rule.
252 (d) Purges of courses that are listed in the statewide
253 course numbering system but have not been taught at an
254 institution for the preceding 5 years. These rules must include
255 waiver provisions that allow course continuation if an
256 institution has reasonable cause for having not offered a course
257 within the 5-year limit and an expectation that the course will
258 be offered again within the following 5 years.
259 Section 3. Section 1008.47, Florida Statutes, is created to
260 read:
261 1008.47 Postsecondary education institution accreditation.—
262 (1) DEFINITION.—As used in this section, the term
263 “postsecondary education institution” means a Florida College
264 System institution, state university, or nonpublic postsecondary
265 education institution that receives state funds.
266 (2) ACCREDITATION.—A public postsecondary education
267 institution may not be accredited by the same accrediting agency
268 or association for consecutive accreditation cycles. In the year
269 following reaffirmation or fifth-year review by their
270 accrediting agencies or associations, public postsecondary
271 education institutions shall collaborate to identify accrediting
272 agencies or associations that are recognized by the database
273 created and maintained by the United States Department of
274 Education, other than their current accrediting agencies or
275 associations, from which to seek accreditation and shall seek
276 and obtain accreditation before their next reaffirmation date.
277 (3) CAUSE OF ACTION.—A postsecondary education institution
278 negatively impacted by retaliatory action taken against the
279 postsecondary education institution by an accrediting agency or
280 association may bring an action against the accrediting agency
281 or association in a court of competent jurisdiction and may
282 obtain liquidated damages up to the amount of federal financial
283 aid received by the postsecondary education institution, court
284 costs, and reasonable attorney fees.
285 (4) EXPIRATION.—This section expires December 31, 2032.
286 Section 4. Subsection (20) of section 1009.23, Florida
287 Statutes, is amended, and subsection (21) is added to that
288 section, to read:
289 1009.23 Florida College System institution student fees.—
290 (20) All tuition and fees described in this section, and
291 any proposed changes to such tuition and fees, must be
292 prominently posted on the institution’s website in an area that
293 is transparent and easily accessible. Each Florida College
294 System institution shall publicly notice and notify all enrolled
295 students of any proposal to increase tuition or fees at least 28
296 days before its consideration for a vote taken at a board of
297 trustees meeting. The notice must:
298 (a) Include the date and time of the meeting at which the
299 proposal will be considered.
300 (b) Specifically outline the details of existing tuition
301 and fees, including how such tuition and fees are expended, the
302 rationale and necessity for the proposed increase, and how the
303 funds from the proposed increase will be used.
304 (c) Be posted on the institution’s website and issued in a
305 press release, which must also be enclosed in an e-mail sent to
306 all enrolled students.
307 (21) Any proposal or action of a Florida College System
308 institution to raise, impose, or authorize any fee, as
309 authorized by law, except for tuition, must be approved by a
310 supermajority vote of the members of the board of trustees of
311 the institution, if approval by the board of trustees is
312 required by general law, and at least a supermajority vote of
313 the members of the State Board of Education, if approval by the
314 State Board of Education is required by general law, in order to
315 take effect.
316 Section 5. Subsection (20) of section 1009.24, Florida
317 Statutes, is amended, and subsection (21) is added to that
318 section, to read:
319 1009.24 State university student fees.—
320 (20) All tuition and fees described in this section, and
321 any proposed changes to such tuition and fees, must be
322 prominently posted on the state university’s website in an area
323 that is transparent and easily accessible. Each state university
324 shall publicly notice and notify all enrolled students of any
325 proposal to change tuition or fees at least 28 days before its
326 consideration for a vote taken at a board of trustees meeting.
327 The notice must:
328 (a) Include the date and time of the meeting at which the
329 proposal will be considered.
330 (b) Specifically outline the details of existing tuition
331 and fees, including how such tuition and fees are expended, the
332 rationale and necessity for the proposed change, and how the
333 funds from the proposed change will be used.
334 (c) Be posted on the university’s website and issued in a
335 press release, which must also be enclosed in an e-mail sent to
336 all enrolled students.
337 (21) Pursuant to s. 7(e), Art. IX of the State
338 Constitution, any proposal or action of a constituent university
339 to raise, impose, or authorize any fee, as authorized by law,
340 except for tuition, must be approved by at least 9 affirmative
341 votes of the members of the board of trustees of the constituent
342 university, if approval by the board of trustees is required by
343 general law, and at least 12 affirmative votes of the members of
344 the Board of Governors, if approval by the Board of Governors is
345 required by general law, in order to take effect.
346 Section 6. The Division of Law Revision shall prepare a
347 reviser’s bill to replace references to the phrases “the
348 Southern Association of Colleges and Schools,” “the Commission
349 on Colleges of the Southern Association of Colleges and
350 Schools,” and “the Southern Association of Colleges and Schools
351 Commission on Colleges” wherever they occur in the Florida
352 Statutes with the phrase “an accrediting agency or association
353 recognized by the database created and maintained by the United
354 States Department of Education.”
355 Section 7. This act shall take effect July 1, 2022.