Florida 2022 2022 Regular Session

Florida House Bill H5201 Analysis / Analysis

Filed 02/09/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h5201a.APC 
DATE: 2/9/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/HB 5201          PCB HEA 22-01    Higher Education 
SPONSOR(S): Appropriations Committee, Higher Education Appropriations Subcommittee, Plasencia 
TIED BILLS:   IDEN./SIM. BILLS:  
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
Orig. Comm.: Higher Education Appropriations 
Subcommittee 
10 Y, 3 N Peters Smith 
1) Appropriations Committee 	20 Y, 7 N, As CS Peters Pridgeon 
SUMMARY ANALYSIS 
The bill contains various provisions related to higher education that focus on improving affordability, 
accountability, and access to high-demand programs. Specifically, the bill: 
 Creates the Student Open Access Resources (SOAR) Grant Program and Repository to provide 
funding for public postsecondary institution open education resources to expand textbook affordability 
for students; 
 Lowers costs for students through an increase in the number of Programs of Strategic Emphasis 
eligible for “Buy One, Get One Free” tuition and fee waivers at state universities;  
 Provides accountability through minimum performance standards for institutions to be eligible to 
participate in the Effective Access to Student Education tuition assistance program and establishes a 
tiered award amount structure; 
 Expands institutional eligibility and student accessibility to the Open Door Grant Program; and  
 Expands access to nursing education programs and creates the Linking Industry to Nursing Education 
(LINE) Fund and Prepping Institutions, Programs, Employers, and Learners through Incentives for 
Nursing Education (PIPELINE) Fund. 
 
The bill also revises goals and duties relating to the Florida Talent Development Council and the Florida Center 
for Nursing. 
 
The bill conforms statutes to the funding decisions related to Higher Education included in the House proposed 
General Appropriations Act (GAA) for Fiscal Year 2022-2023.  
 
The House proposed General Appropriations Act provides $136.2 million for costs associated with 
implementing the provisions of this bill.  See Fiscal Section for additional detail. 
 
The bill provides for an effective date of July 1, 2022. 
 
   STORAGE NAME: h5201a.APC 	PAGE: 2 
DATE: 2/9/2022 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CH ANGES: 
Open Education Resources 
 
Present Situation 
 
Textbook and Instructional Materials Affordability 
 
According to the US Bureau of Labor Statistics, consumer prices for college textbooks have increased 
by roughly 36% since July of 2011.
1
 In 2018, the Florida Virtual Campus (FLVC) conducted a Textbook 
Affordability Student Survey involving 21,430 students across all public colleges and universities,
2
 that 
indicated the high costs of textbooks and related instructional materials have negatively impacted 
students’ success. The survey responses indicated:
3
 
 64.3% - Do not purchase the required textbooks; 
 42.8% - Take fewer courses; 
 40.6% - Do not register for a specific course; 
 35.6% - Earn a poor grade because they cannot afford to buy the textbook; and 
 22.9% - Drop a course. 
 
Since 2008, Florida
4
 has been working to reduce costs and make textbooks and instructional materials 
more affordable for students.  
 
In 2016, the Legislature enacted textbook affordability legislation that authorizes each Florida College 
System (FCS) and State University System (SUS) institution board of trustees to adopt policies in 
consultation with textbook and instructional materials providers, including bookstores, which allow for 
the use of innovative pricing techniques and payment options for textbooks and instructional materials.
5
 
 
After receiving input from students, faculty, bookstores, and publishers, the State Board of Education 
(SBE) and Board of Governors (BOG) are required to adopt textbook and instructional materials 
affordability policies, procedures, and guidelines for implementation by FCS and SUS institutions, 
respectively, that further efforts to minimize the cost of textbooks and instructional materials for 
students attending such institutions. The policies, procedures, and guidelines must address:
6
 
 The establishment of deadlines for an instructor or department to notify the bookstore of 
required and recommended textbooks and instructional materials so that the bookstore may 
verify availability, source lower cost options when practicable, explore alternatives with faculty 
when academically appropriate, and maximize the availability of used textbooks and 
instructional materials; 
 Confirmation by the course instructor or academic department offering the course, before the 
textbook or instructional materials adoption is finalized, of the intent to use all items ordered, 
particularly each individual item sold as part of a bundled package; 
 Determination by a course instructor or the academic department offering the course, before a 
textbook or instructional material is adopted, of the extent to which a new edition differs 
significantly and substantively from earlier versions and the value to the student of changing to 
                                                
1
 Bureau of Labor Statistics, 2021, Cost of college tuition has remained stable since 2019 (Aug. 31, 2021),  
https://www.bls.gov/opub/ted/2021/cost-of-college-tuition-has-remained-stable-since-september-2019.htm (last visited Jan. 29, 2022).  
2
 House Higher Education Appropriations Subcommittee, Meeting Packet for Nov. 4, 2021, at 10, 
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3089&Session=20
22&DocumentType=Meeting+Packets&FileName=hea+11-4-21.pdf  
3
 Id., at 13. 
4
 S. 1, ch. 2008-78, Laws of Fla. 
5
 S. 3, ch. 2016-236, Laws of Fla. 
6
 S. 1004.085(6), F.S.  STORAGE NAME: h5201a.APC 	PAGE: 3 
DATE: 2/9/2022 
  
a new edition or the extent to which an open-access textbook or instructional material is 
available; 
 The availability of required and recommended textbooks and instructional materials to students 
otherwise unable to afford the cost, including consideration of the extent to which an open-
access textbook or instructional material may be used; 
 Participation by course instructors and academic departments in the development, adaptation, 
and review of open-access textbooks and instructional materials and, in particular, open-access 
textbooks and instructional materials for high-demand general education courses; 
 Consultation with school districts to identify practices that impact the cost of dual enrollment 
textbooks and instructional materials to school districts, including, but not limited to, the length 
of time that textbooks and instructional materials remain in use; and 
 Selection of textbooks and instructional materials through cost-benefit analyses that enable 
students to obtain the highest-quality product at the lowest available price, by considering: 
1. Purchasing digital textbooks in bulk. 
2. Expanding the use of open-access textbooks and instructional materials. 
3. Providing rental options for textbooks and instructional materials. 
4. Increasing the availability and use of affordable digital textbooks and learning objects. 
5. Developing mechanisms to assist in buying, renting, selling, and sharing textbooks and 
instructional materials. 
6. The length of time that textbooks and instructional materials remain in use. 
7. An evaluation of cost savings for textbooks and instructional materials which a student may 
realize if individual students are able to exercise opt-in provisions for the purchase of the 
materials. 
 
Each FCS institution and SUS board of trustees must report to its respective chancellor by September 
30 of each year, the institution’s textbook and instructional materials selection process for general 
education courses with identified cost variances and high-enrollment courses, specific initiatives 
designed to reduce costs, implementation status of cost saving policies, and the number of courses 
and sections that were unable to meet the textbook and instructional materials posting deadline. By 
November 1 of each year, each chancellor is required to provide a summary of the institution reports to 
the SBE and BOG, as appropriate.
7
 
 
Open Education Resources 
 
In order to help mitigate the high costs of textbooks and related instructional materials to students, 
postsecondary education institutions are beginning to develop and implement various cost saving 
measures, which include the increased usage of open educational resources and open-access 
materials in courses and degree programs. Open Education Resources (OER) are materials for 
teaching, learning, and research that are not only free but have a perpetually open license enabling 
them to be used and reused without charge or need to ask permission. With OER, materials can be 
retained, reused, revised, remixed, and redistributed.
8
 
 
During a November 4, 2021 Higher Education Appropriation Subcommittee (HEA) meeting, a panel of 
Florida public university and college representatives presented on how their institutions are helping 
students by addressing the rising costs of textbooks and related instructional materials. Of them: 
 Florida International University has created a statewide searchable database of courses that 
use OER and low-cost materials, and is open to all state university and college faculty across 
the state to contribute to and use as a repository/resource in their own content curation process;  
 The University of Central Florida holds monthly open conversations amongst various state 
universities and colleges regarding OER funding and grant opportunities that arise at the state 
and national levels; and  
 Santa Fe College discussed how they use open access and low cost textbooks for all general 
education courses, as well as faculty-curated open-access resources for use in other common 
courses. 
                                                
7
 Id. 
8
 House Higher Education Appropriations Subcommittee, supra note 2, at 15.  STORAGE NAME: h5201a.APC 	PAGE: 4 
DATE: 2/9/2022 
  
 
Additional discussion in the HEA meeting highlighted that while OER resources are useful for a broad 
array of educational applications, there are no formal processes by which they are reviewed for 
inaccuracies or outdated information. This has the potential to put undue pressure on instructors who 
seek to provide a balance between accessibility and accuracy of the information they present to their 
students. The panelists indicated that a major limiting factor to postsecondary institutions’ 
implementation of OER courses was the amount of faculty time and effort needed to curate and vet the 
information and resources to be used in development of these courses. In order to develop one course 
using OER, around 180 staff hours
9
 are required to compile and review information from the vast 
number of free resources available to ensure quality and accuracy of information. 
 
Florida Postsecondary Academic Library 
 
In 2021, the Legislature established the Florida Postsecondary Academic Library Network (Network) 
under the joint oversight of the BOG and the DOE, in place of the Florida Academic Library Services 
Cooperative.
10
 The purpose of the Network is to deliver the following services
11
 to public postsecondary 
education institutions in Florida, namely all FCS and SUS institutions: 
 Provision of information regarding and access to distance learning courses and degree 
programs offered by public postsecondary education institutions within the state;  
 Coordination with the FCS and SUS to identify and provide online academic support services 
and resources when the multi-institutional provision of such services and resources is more cost 
effective or operationally effective; 
 Administration of a single library automation system and associated resources and services that 
all public postsecondary institutions use to support learning, teaching, and research needs, and 
development of automated library management tools; 
 Coordination, with FCS institutions’ and state universities’ library staff, of the negotiation of 
statewide licensing of electronic library resources and preferred pricing agreements, issue 
purchase orders, and entering into contracts for the acquisition of library support services, 
electronic resources, and other goods and services necessary to carry out its authorized duties; 
 Promote and provide recommendations concerning the use and distribution of low cost, no cost, 
or open-access textbooks and education resources and innovative pricing techniques that 
comply with all applicable laws, in regards to copyrighted material and statewide accessibility 
measures, as a method for reducing costs; and 
 Provision of appropriate help desk support, training, and consultation services to institutions and 
students. 
 
The Network is hosted at the Northwest Regional Data Center at Florida State University
12
 and is 
required to annually report to the chancellors of the SUS and FCS regarding the implementation and 
operation of all its components, including but not limited to usage information collected, information and 
associated costs relating to the services and functions of the program, and the implementation and 
operation of the automated library services. The chancellors are required to provide an annual report 
on the performance of the host entity in delivering the services and any recommendations for changes 
needed to the Governor, the President of the Senate, the Speaker of the House of Representatives, the 
BOG, and the SBE.
13
 
 
Funding for the Network is appropriated in the General Appropriations Act (GAA).
14
  
 
Effect of Proposed Changes 
 
                                                
9
 R. Griffiths, J. Mislevy, S. Wang, A. Ball, L. Shear, and D. Desrochers, OER at Scale: The Academic and Economic Outcomes of 
Achieving the Dream’s OER Degree Initiative, SRI International, 2020. 
10
 S. 4, ch. 2021-85, Laws of Fla. 
11
 S. 1006.73(1), F.S. 
12
 Florida Virtual Campus, Organization Profile – Current Activity, https://www.flvc.org/organization-profile (Jan. 28, 2022) 
13
 S. 1006.73(4), F.S. 
14
 See s. 2, Specific Appropriations 129B and 145A, ch. 2021-36, Laws of Fla.  STORAGE NAME: h5201a.APC 	PAGE: 5 
DATE: 2/9/2022 
  
To increase the adoption, adaptation, and creation of OER by faculty members from FCS and SUS 
institutions, and to help reduce the costs of textbooks and instructional materials to students, the bill 
establishes the Student Open Access Resources (SOAR) Repository and the SOAR Grant Program 
within the Network.  
 
The bill requires the chancellors of the FCS and SUS to collaborate and take the lead in identifying and 
developing processes to coordinate and support the adaptation or development of OER by teams of 
faculty, librarians, and instructional designers within a public postsecondary institution or across 
multiple institutions. These processes include, but are not limited to, ensuring quality and accuracy of 
content, suitability for publication, and compliance with federal and state copyright laws and 
regulations. Pursuant to the processes developed by the chancellors, the Network is tasked with: 
 Serving as the lead agency; 
 Managing interinstitutional collaborations; 
 Hosting approved digital assets and on-demand printing capabilities; 
 Ensuring compliance with all federal and state laws and regulations relating to accessibility, 
copyright, and quality assurance; 
 Providing training for resource and professional development; and 
 Administering the SOAR Grant Program. 
 
The bill establishes the SOAR Repository, a statewide, internet-based, searchable database of OER 
curated by the faculty of FCS and SUS institutions. The resources available in the database must 
comply with the processes developed by the chancellors of the FCS and SUS, be based upon the 
statewide course number system, and accelerate textbook affordability. 
 
The bill establishes the SOAR Grant Program which, subject to appropriation, will provide funding 
support to FCS and SUS institutions for the development and curation of OER and for migrating 
existing content to the SOAR Repository. The bill specifies that the Network shall prioritize courses with 
high student enrollment, courses with high textbook or materials costs, and courses identified as core 
general courses when establishing grant award criteria. Institutions that receive grant funds must agree 
to openly license and share any OER that they develop or adapt in the SOAR Repository. Additionally, 
institutions are required to prominently post, and clearly identify with an icon OER courses with zero 
textbook costs on course registration systems to maximize awareness and cost savings to students. 
 
Buy One, Get One Free Tuition & Fee Waiver 
 
Present Situation 
 
Tuition and Out-of-State Fees 
 
Under Florida law, “tuition” is defined as the basic fee charged to a student for instruction provided by a 
public postsecondary educational institution in the state.
15
 A student who is classified as a “resident for 
tuition purposes” is a student who qualifies for the in-state tuition rate.
16
 
 
The resident undergraduate tuition rate for the SUS is currently set in statute at $105.07 per credit 
hour.
17
 The average tuition and fees per credit hour are $201.01.
18
 
 
Buy One, Get One Free Tuition & Fee Waiver 
 
Beginning in 2021, SUS institutions must provide ”buy one, get one free” or “BOGO” tuition and fee 
waivers on upper-level courses in one of eight science, technology, engineering, or math (STEM) 
                                                
15
 S. 1009.01 (1), F.S. 
16
 S. 1009.21(1)(g), F.S. 
17
 S. 1009.24(4)(a), F.S. 
18
 See State University System of Florida, Tuition and Required Fees, 2021-22, https://www.flbog.edu/wp-
content/uploads/2021/07/2021-2022-SUS-Tuition-and-Fees-Report.pdf   STORAGE NAME: h5201a.APC 	PAGE: 6 
DATE: 2/9/2022 
  
programs of strategic emphasis (PSE), as adopted by the BOG.
19
 Specifically, for every course in a 
qualifying PSE in which a student is enrolled, a state university must waive 100 percent of the tuition 
and fees for an equivalent course in such program. To be eligible, a student must:
20
 
 Be an resident for tuition purposes; 
 Earn at least 60 semester credit hours towards a baccalaureate degree within two academic 
years after initial enrollment at a Florida public postsecondary institution; and 
 Be enrolled in one of eight STEM PSE. 
 
On June 22, 2021, the BOG adopted eight STEM PSE: Civil Engineering, Computer + Information 
Science, Computer Engineering, Electrical + Electronics Engineering, Information Technology, 
Management Information Systems, Mathematics, and Physics.
21
 
 
The tuition and fee waiver is applicable only for upper-level courses and for up to 110 percent of the 
number of required credit hours of the degree program for which the student is enrolled.
22
 This means 
that for a 120-credit hour state university baccalaureate degree program, the waiver is applicable 
unless the student has earned an excess of 132 credit hours. 
 
A state university is eligible to earn incentive funding, subject to appropriation, based on the number 
and value of waivers it grants.
23
 The Fiscal Year 2021-2022 GAA provided $25 million in recurring 
funding for this purpose.  Waivers were provided during the Fall 2021 term to an estimated 7,811 
students, totaling approximately $6.9 million.
24
 
 
Effect of Proposed Changes 
 
The bill increases the number of waiver-eligible PSE from eight to 10. Beginning in the 2022-2023 
academic year, students will be eligible to receive the tuition and fee waiver in two additional PSE, 
specifically in the critical workforce gap analysis category, as adopted by the BOG. 
 
Effective Access to Student Education (EASE) Tuition Assistance Program 
 
Present Situation 
 
EASE (formerly known as the Florida Resident Access Grant, or FRAG) is a grant program 
administered by the DOE
25
 with the following parameters: 
 Student eligibility requirements:
26
 
o Must be enrolled as a full-time undergraduate student at an eligible college or university in a 
program of study leading to a baccalaureate degree. 
o Must not be enrolled in a program of study leading to a degree in theology or divinity. 
o Must be making satisfactory academic progress as defined by the SBE.  
o Must not have completed more than 110 percent of the degree program enrolled in.  
 Institutional eligibility requirements:
27
 
o Must be an independent nonprofit college or university. 
o Must be located in and chartered by the state of Florida. 
o Must be accredited by the Commission on Colleges of the Southern Association of Colleges 
and Schools. 
o Must grant baccalaureate degrees. 
o Must not be a state university or FCS institution; and 
                                                
19
 S. 1009.26(18)(a), F.S. 
20
 Id. 
21
 State University System, Strategic Planning Committee Meeting Agenda for Jun. 22, 2021, https://www.flbog.edu/session/strategic-
planning-committee-klwekqle/ Strategic Planning Committee - State University System of Florida (flbog.edu) 
22
 S. 1009.26(b), F.S. 
23
 Id. 
24
 Email from Renee Fargason, Assistant Vice Chancellor, Board of Governors, dated January 13, 2022. 
25
 S. 1009.89(2), F.S. 
26
 S. 1009.89(4), F.S. 
27
 S. 1009.89(3), F.S.  STORAGE NAME: h5201a.APC 	PAGE: 7 
DATE: 2/9/2022 
  
o Must have a secular purpose, so long as the receipt of state aid by students at the institution 
would not have the primary effect of advancing or impeding religion or result in an excessive 
entanglement between the state and any religious group. 
 
Funding for EASE is appropriated in the GAA.
28
 Award amounts may be prorated based on the number 
of students eligible to receive the award. As specified in the Fiscal Year 2021-2022 GAA, the 
Legislature appropriated funds to support 40,430 qualified Florida residents with an award of $2,841,
29
 
at 34 EASE-eligible institutions. 
 
All institutions that receive EASE funding are required to submit an annual accountability report to the 
DOE with the most recently available information on Florida resident students and include, at a 
minimum, the following performance metrics, by institution:
30
 
 Access rate based upon percentage of Pell-eligible students; 
 Affordability rate based upon average student loan debt; federal, state, and institutional financial 
assistance; and average tuition and fees; 
 Graduation rate; 
 Retention rate; and 
 Postgraduate employment or continuing education rate. 
 
DOE must recommend minimum performance standards that EASE institutions must meet to remain 
eligible to receive grant funds.
31
 By October 1 of each year, DOE must submit a report to the chair of 
the House Appropriations Committee, the chair of the Senate Appropriations Committee, and the 
Governor’s Office of Policy and Budget on the performance of eligible institutions and the institutions 
that have not met the minimum performance standards recommended by the department.
32
 
 
During the October 2021 reporting period, the DOE recommended the following performance 
standards: 
 
Metric 	Benchmark 
(2022-23) 
Access Rate 	53% 
Affordability Rate 	$6,343 
Graduation Rate 	53% 
Retention Rate 	68% 
Postgraduate Employment/Continuing Ed Rate 49% 
 
Effect of Proposed Changes 
 
The bill codifies a set of minimum performance thresholds for each of the five benchmarks reported in 
the Effective Access to Student Education Grant Program Accountability Report.  All of the DOE’s 
recommended standards reported during the October 2021 reporting period were adopted as 
recommended with the exception of the Postgraduate Employment/Continuing Education rate, which is 
codified at 51%.  To ensure continuous improvement of the State’s independent colleges and 
universities, the bill requires the minimum standards recommended by DOE to increase annually.  Each 
year, the Legislature will adopt benchmarks specified in the GAA. 
 
The bill establishes a tiered structure for award amounts commensurate with institutional performance 
on the benchmarks submitted in the EASE Accountability Report and specifies that the Legislature will 
evaluate each institution’s performance each year and place them in one of 5 tiers. If an institution 
meets 5 benchmarks, they will be placed in Tier 1; if an institution meets 4 benchmarks, they will be 
placed in Tier 2; if an institution meets 3 benchmarks, they will be placed in Tier 3; if an institution 
                                                
28
 S. 1009.89(5), F.S. 
29
 See Specific Appropriation 64, ch. 2021-36, Laws of Fla. 
30
 S. 1009.89(5)(c), F.S. 
31
 Id. 
32
 S. 1009.89(5)(d), F.S.  STORAGE NAME: h5201a.APC 	PAGE: 8 
DATE: 2/9/2022 
  
meets 2 benchmarks, they will be placed in Tier 4; and if an institution meets 1 or 0 benchmarks, they 
will be placed in Tier 5. 
 
The award amount for Tier 1 will be as specified in the GAA. The award amount for Tier 2 will be no 
more than 90% of the Tier 1 award. The award amount for Tier 3 will be no more than 75% of the Tier 1 
award. The award amount for Tier 4 will be no more than 50% of the Tier 1 award. The award amount 
for Tier 5 will be $0. 
 
Open Door Grant Program 
 
Present Situation 
 
In 2021, the Legislature established the Open Door Grant Program (ODG)
33
 in order to create and 
sustain a demand-driven supply of credentialed workers for high-demand occupations, expand the 
affordability of workforce training and credentialing, and increase the interest of current and future 
workers in short-term, high-demand career and technical education credentialing and certificate 
programs. Grants are provided to school districts’ postsecondary technical centers and FCS institutions 
to cover up to two-thirds of the cost of short-term, high-demand programs for eligible students upon 
successful completion and award of a credential of value. The ODG provides short-term training for 
high-demand programs in Florida, offering job seekers an opportunity to obtain expedited and 
affordable training. 
 
Under the ODG, and eligible student must complete the Free Application for Federal Student Aid 
(FAFSA)
34
 and: 
 For a student who does not receive state or federal aid, at the time of enrollment, the student is 
responsible for paying one-third of the cost of the program and signing an agreement to either 
complete the program or pay an additional one-third of the program cost in the event of non-
completion. Grant funds may be used to cover the student’s one-third of the cost of the 
program for students in integrated education and training programs and students who do not 
have a high school diploma and meet requirements established by the DOE.
35
 
 For a student who does receive state or federal aid, grant funds may be awarded to cover the 
unmet need after all eligible aid is accounted for.
36
 
 
ODG funds, which are subject to availability
37
 and provided to institutions on a first-come, first-serve 
basis,
38
 can be used to cover the cost of a program, which includes tuition and fees, examination, 
books, and materials.
39
 
 
The DOE must prioritize funding for integrated education and training programs in which institutions 
establish partnerships with local workforce development boards to provide basic skills instruction 
contextually and concurrently with workforce training that results in the award of credentials on the 
Master Credential List. Additionally, one-quarter of the appropriated grant funds must be prioritized to 
serve students attending rural institutions, and no more than one-quarter of the funds can be disbursed 
annually to any one eligible institution.
40
 The DOE may not reimburse any institution more than $3,000 
per completed workforce training program by an eligible student.
41
 
 
Institutions must annually report to the SBE on program completion, attainment, and participant wage 
and demographics categorized by credential name and relevant occupation. 
 
                                                
33
 S. 1009.895, F.S. 
34
 S. 1009.895(4), F.S. 
35
 S. 1009.895(5)(a), F.S. 
36
 S. 1009.895(5)(b), F.S. 
37
 S. 1009.895(5), F.S. 
38
 S. 1009.895(3), F.S. 
39
 S. 1009.895(1)(a), F.S. 
40
 S. 1009.895(3), F.S. 
41
 S. 1009.895(6), F.S.  STORAGE NAME: h5201a.APC 	PAGE: 9 
DATE: 2/9/2022 
  
Effect of Proposed Changes 
 
The bill expands the list of grant-eligible institutions to include school districts with eligible integrated 
education and training programs. Additionally, the bill removes the requirement that students must 
complete a yearly FAFSA to be considered eligible for the ODG. Lastly, the bill provides that an 
institution may cover the student’s one-third of the cost of the program, based on student need, as 
determined by the institution. 
 
Nursing Education Programs 
 
Present Situation 
 
Nursing Shortage 
 
According to a recent report commissioned by the Florida Hospital Association and Safety Net Hospital 
Alliance of Florida, Florida could be short over 59,000 nurses by 2035.
42
 This figure includes a shortage 
of over 37,386 registered nurses and over 21,659 licensed practical nurses, though the report noted 
considerable variation in projected workforce adequacy by geographic area within the state.
43
 In 
addition to the projected future nursing shortage, the Florida Hospital Association has noted that, as of 
2019, Florida had an RN vacancy rate of 11 percent.
44
    
 
As a percent of nurses are approaching retirement or departing the profession due to a variety of 
reasons, including burnout, institutions that offer nursing education programs are unable to accept 
qualified applicants into their programs due to lack of program capacity. According to a 2019-2020 
American Association of Critical-Care Nurses report, United States nursing schools turned away 80,407 
qualified applicants from baccalaureate and graduate nursing programs in 2019 due to an insufficient 
number of faculty, clinical sites, classroom space, and clinical preceptors, as well as budget 
constraints.
45
 In 2019-2020, 5,316 qualified applicants applied to state university nursing programs 
while only 1,922 students were accepted.
46
 
 
REACH Office  
 
During the 2021 Legislative Session, the Legislature passed the Reimagining Education and Career 
Help Act (REACH Act) to address the evolving needs of Florida’s economy by increasing the level of 
collaboration and cooperation among state businesses and education communities while improving 
training within and equity and access to a more integrated workforce and education system.
47
 The 
REACH Act created the Office of Reimagining Education and Career Help (REACH Office) in the 
Executive Office of the Governor to facilitate alignment and coordination of entities responsible for the 
state’s workforce development system. 
 
Two of the REACH Office’s responsibilities are the following: 
 Streamline the clinical placement process and increase clinical placement opportunities for 
students, hospitals, and other clinical sites by administering, directly or through a contract, a 
web-based centralized clinical placement system for use by all nursing education programs.
48
   
                                                
42
 Florida Nurse Workforce Projections: 2019 to 2035, prepared for the Florida Hospital Association and the Safety Net Hospital 
Alliance of Florida, IHS Markit, Pg. 33, https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Aac48ae7d-ff75-
4a08-9a3d-cebbd0d08c27#pageNum=1 (last visited January 31, 2022). 
43
 Id. 
44
 Florida Hospital Association, Florida’s Nurse Workforce One-Pager, 
https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A289adfdf-e855-487c-bb2c-534e7d646ef8#pageNum=1 
(last visited January 31, 2022). 
45
 American Association of Colleges of Nursing, Fact Sheets, Nursing Faculty Shortage, https://www.aacnnursing.org/news-
information/fact-sheets/nursing-faculty-shortage (last visited January 31, 2022). 
46
 Email, Christy England, Vice Chancellor for Academic and Student Affairs, Board of Governors, dated January, 20, 2022. 
47
 S. 1, ch. 2021-164, Laws of Fla., codified in s. 14.36, F.S. 
48
 S. 14.36(3)(i), F.S.  STORAGE NAME: h5201a.APC 	PAGE: 10 
DATE: 2/9/2022 
  
 Direct the objectives of the Talent Development Council.
49
 
 
Florida Talent Development Council 
 
The Florida Talent Development Council (FTDC) is statutorily charged with developing a coordinated, 
data-driven, statewide approach to meeting Florida's needs for a 21st century workforce that employers 
and educators use as part of Florida's talent supply system.
50
 The FTDC is responsible for coordinating, 
facilitating, and communicating statewide efforts to meet the supply and demand needs for the state’s 
health care workforce.
51
 Each December 1, the FTDC is required to report on its efforts in this area.
52
  
 
To support the FTDC’s efforts, the BOG and SBE are required to do the following: 
 Conduct a statistically valid biennial data-driven gap analysis of the healthcare workforce;
53
 and 
 Provide 10-year trend information on nursing education programs.
54
 
In providing the 10-year trend information on nursing education programs, the BOG and SBE must 
work together with the Florida Department of Health (DOH), the Commission for Independent Education 
(CIE), and postsecondary institutions receiving EASE grants to provide data on the following:
55
 
 The number and type of programs and student slots available;  
 The number of student applications submitted, the number of qualified student applicants, and 
the number of students accepted;  
 The number of program graduates; 
 Program retention rates of students tracked from program entry to graduation; 
 Graduate passage rates on and the number of times each graduate took the National Council of 
State Boards of Nursing Licensing Examination;   
 The number of graduates who become employed as practical or professional nurses in the 
state; and 
 The educational advancement of nurses through career pathways by comparing their initial 
degree to their highest degree obtained for the preceding 10 years. 
The FTDC is also required to develop a survey for use by the DOH, the CIE, the Independent Colleges 
and Universities of Florida (ICUF), and postsecondary institutions participating in EASE, to collect 
information on trends in nursing education programs. The survey must include, but is not limited to, a 
student's age, gender, race, ethnicity, veteran status, wage, employer information, loan debt, and 
retirement expectations.
56
 
 
As of January 2022, the full results on the statistically valid biennial data-driven gap analysis of the 
healthcare workforce are still pending. 
 
Florida Postsecondary Nursing Education Programs 
 
As a major producer of Florida’s workforce talent, Florida’s postsecondary education institutions offer a 
variety of nursing education programs that prepare students for varying levels of licensure. Licensed 
practical nurse (LPN) programs are offered at 28 career centers and 13 FCS institutions, while all 28 
FCS institutions offer associate of science in nursing (ASN) and bachelor of science in nursing (BSN) 
programs.
57
 Ten state universities offer 20 pre-licensure nursing education programs.
58
 Seventeen of 
                                                
49
 S. 14.36(3)(j), F.S. 
50
 S. 1004.015(1), F.S. 
51
 S. 1004.015(6), F.S. 
52
 Id. 
53
 S. 1004.015(6)(a), F.S. 
54
 S. 1004.015(6)(b), F.S. 
55
 Id. 
56
 S. 1004.015(6)(c), F.S. 
57
  Nursing Completions Data file provided by Florida Department of Education, December 1, 2021. 
58
  Email, Christy England, Vice Chancellor for Academic and Student Affairs, Board of Governors, Dated November 19, 2021.  STORAGE NAME: h5201a.APC 	PAGE: 11 
DATE: 2/9/2022 
  
the 30 Independent Colleges and Universities of Florida (ICUF) member institutions offer nursing 
education programs.
59
 
 
Florida Center for Nursing 
 
The Florida Center for Nursing was established by the Legislature in 2001, to address the issues of 
supply and demand for nursing, including the recruitment, retention, and utilization of nurse workforce 
resources.
60
 The Florida Center for Nursing’s primary goals are to:
61
 
 Develop a strategic statewide plan for nursing manpower in this state by: 
o Establishing and maintaining a database on nursing supply and demand in the state, to 
include current supply and demand; 
o Analyzing the current supply and demand in the state and making future projections of such, 
including assessing the impact of this state's participation in the Nurse Licensure Compact; 
and 
o Selecting from the plan priorities to be addressed. 
 Convene various groups representative of nurses, other health care providers, business and 
industry, consumers, legislators, and educators to: 
o Review and comment on data analysis prepared for the center; 
o Recommend systemic changes, including strategies for implementation of recommended 
changes; and 
o Evaluate and report the results of these efforts to the Legislature and others. 
 Enhance and promote recognition, reward, and renewal activities for nurses in the state by: 
o Promoting nursing excellence programs such as magnet recognition by the American 
Nurses Credentialing Center; 
o Proposing and creating additional reward, recognition, and renewal activities for nurses; and 
o Promoting media and positive image-building efforts for nursing. 
 
Nursing Student Loan Forgiveness Program 
 
The Nursing Student Loan Forgiveness Program exists to encourage qualified personnel to seek 
employment in areas of this state in which critical nursing shortages exist.
62
 The primary function of the 
program is to increase employment and retention of registered nurses and licensed practical nurses in 
nursing homes and hospitals in the state and in state-operated medical and health care facilities, public 
schools, birth centers, federally sponsored community health centers, family practice teaching 
hospitals, and specialty children's hospitals by making repayments toward loans received by students 
from federal or state programs or commercial lending institutions for the support of postsecondary study 
in accredited or approved nursing programs.
63
  
 
Effect of Proposed Changes 
 
 Linking Industry to Nursing Education Fund 
 
The bill establishes the Linking Industry to Nursing Education (LINE) Fund, a competitive grant program 
that provides matching funds, on a dollar-to-dollar basis, to participating institutions that partner with a 
healthcare provider to recruit faculty and clinical preceptors, increase capacity of high-quality nursing 
education programs and increase the number of nursing education program graduates who are 
prepared to enter the workforce.  
 
In order to be eligible for LINE, an institution’s nursing education program must meet or exceed the 
following: 
                                                
59
 Florida Board of Nursing, Education and Training Programs – Education Program Information, 
https://floridasnursing.gov/education-and-training-programs/ (last visited Jan. 29, 2022). 
60
 Ch. 2001-277, Laws of Fla. and s. 464.0195, F.S. 
61
 S. 464.0195, F.S. 
62
 S. 1009.66(1), F.S. 
63
 S. 1009.66(1), F.S.  STORAGE NAME: h5201a.APC 	PAGE: 12 
DATE: 2/9/2022 
  
 For a certified nursing assistant program, a completion rate of at least 70 percent for the prior 
year. 
 For a licensed practical nurse, associate of science in nursing and bachelor of science in 
nursing program, a first-time passage rate on the National Council of State Boards of Nursing 
Licensing Examination of at least 70 percent for the prior year. 
 
Provided their nursing education programs meet specified criteria related to completion rates and 
graduate passage rates, the following institutions are eligible to receive funds from the LINE Fund: 
 Technical career centers; 
 Charter technical career centers; 
 FCS institutions; 
 State universities; and 
 Independent nonprofit colleges or universities located and charted in the state and accredited by 
a U.S. DOE recognized accrediting agency or association to grant baccalaureate degrees. 
 
To participate, an institution that is a technical career center, charter technical career center, FCS 
institution or independent nonprofit college or university must submit a completed and timely proposal 
to the DOE. An institution that is a state university must submit a completed and timely proposal to the 
BOG. The proposal must identify the healthcare partner located and licensed to operate in the state 
whose monetary contributions will be matched by the LINE Fund on a dollar-to-dollar basis, subject to 
available funds.  
 
The DOE or BOG, as applicable, must review and evaluate each completed and timely submitted 
proposal according to the following minimum criteria: 
 Whether funds committed by the health care partner will contribute to an eligible purpose. 
 How the institution plans to use the funds, including how such funds will be utilized to increase 
student enrollment and program completion. 
 How the health care partner will onboard and retain graduates. 
 How the funds will expand the institution's nursing education programs to meet local, regional, 
or state workforce demands and how the funds will increase the number of faculty and clinical 
preceptors, if applicable. 
 
Institutions may use the funding for scholarships to students who are residents, recruitment of 
additional faculty, equipment, and simulation centers to advance high-quality nursing education 
programs throughout the state. However, funds may not be used for the construction of new buildings.  
 
Each institution with an approved proposal is required to notify the BOG or DOE, as applicable, upon 
receipt of healthcare partner provided funds as per the proposal. The BOG or DOE, as applicable, will 
then release funds up to the amount of funds received by the institution.  
 
Each institution that receives funds from the LINE Fund in the previous fiscal year, must submit a report 
to the BOG or DOE, as applicable, that demonstrates expansion as outlined in the proposal and the 
use of funds. At minimum, the report must include, by program level, the number of additional nursing 
education students enrolled, the number who received scholarships, including the average award 
amount, and the outcomes of students as reported by the Florida Talent Development Council. 
 
The bill requires the BOG and DOE to adopt regulations and rules, respectively, to administer the LINE 
Fund, establish dates for the submission and review of proposals, the awarding of funds, and other 
regulations and rules necessary to implement the provision’s requirements. 
 
Prepping Institutions, Programs, Employers, and Learners through Incentives for Nursing Education 
Fund  
 
The Prepping Institutions, Programs, Employers, and Learners through Incentives for Nursing 
Education (PIPELINE) Fund will reward performance and excellence among public postsecondary 
nursing education programs. 
  STORAGE NAME: h5201a.APC 	PAGE: 13 
DATE: 2/9/2022 
  
Provided an institution offers nursing education programs, the following types of institutions are eligible 
for performance-based incentives from the PIPELINE Fund: 
 Technical career centers that offer a licensed practical nurse program; 
 Charter technical career centers that offer a licensed practical nurse program; 
 FCS institutions; and 
 State universities. 
 
Subject to appropriation, each institution will receive an allocation based on the performance of its 
respective nursing education program or programs according to the following metrics:  
 The number of nursing education program completers, by program. 
 The first-time National Council of State Boards of Nursing Licensing Examination passage rate 
of the institution’s nursing education program completers, by program. 
 
Additionally, the allocations will reward excellence among nursing education programs with an average 
first-time National Council of State Boards of Nursing Licensing Examination passage rate above the 
national average. 
 
Florida Talent Development Council 
 
The bill revises duties with respect to the FTDC. Pursuant to the bill, the BOG and SBE will no longer 
be required to support the FTDC by conducting a statistically valid biennial data-driven gap analysis of 
the healthcare workforce. Instead, the bill gives that responsibility to the Florida Center for Nursing. 
 
The bill does, however, add additional data that must be collected as part of the 10-year trend 
information on nursing education programs. Specifically, the bill requires the following additional data to 
be collected: 
 The number of students enrolled in nursing education programs. 
 The outcomes of students enrolled at institutions participating in the LINE or PIPELINE Fund. 
 The outcomes of students who have received student loan forgiveness under the Nursing 
Student Loan Forgiveness Program. 
 
With respect to the outcomes of students who have received student loan forgiveness under the 
Nursing Student Loan Forgiveness Program, the bill requires the data to include, for the previous 4 
fiscal years, the number of graduates who have received a repayment, the amount repaid on behalf of 
each graduate, each graduate's employer of record for each repayment and the length of employment 
at each employer, and the level or levels of nursing licensure earned by each graduate.  
 
The bill also requires the FTDC to develop definitions for data elements for the survey on trends in 
nursing education programs and requires the survey be uniform. 
 
Florida Center for Nursing 
 
The bill requires the Florida Center for Nursing to conduct a statistically valid biennial data-driven gap 
analysis of the supply and demand of the health care workforce. Additionally, the bill requires gap 
analysis to include the Florida Center for Nursing’s current law responsibilities to establish and maintain 
a database on nursing supply and demand in the state and how supply and demand impact the state’s 
participation in the Nurse Licensure Compact. 
 
The bill also requires the Florida Center for Nursing, when developing its strategic statewide plan for 
nursing manpower in the state, to: 
 Develop recommendations to increase nurse faculty and clinical preceptors, support nurse 
faculty development, and promote advanced nurse education. 
 Develop best practices in the academic preparation and continuing education needs of 
qualified nurse educators, nurse faculty, and clinical preceptors. 
 Collect data on nurse faculty, employment, distribution, and retention. 
 Pilot innovative projects to support the recruitment, development, and retention of qualified 
nurse faculty and clinical preceptors.  STORAGE NAME: h5201a.APC 	PAGE: 14 
DATE: 2/9/2022 
  
 Encourage and coordinating the development of academic-practice partnerships to support 
nurse faculty employment and advancement. 
 Develop distance learning infrastructure for nursing education and advancing faculty 
competencies in the pedagogy of teaching and the evidence-based use of technology, 
simulation, and distance learning techniques. 
 
The bill removes the requirement that the Florida Center for Nursing do the following in developing its 
strategic statewide plan for nursing manpower in the state:  
 To convene various groups representative of nurses, other health care providers, business and 
industry, consumers, legislators, and educators to review and comment on data analysis 
prepared by the Florida Center for Nursing;  
 Recommend systemic changes, including strategies for implementation of recommended 
changes; and  
 Evaluate and report the results of these efforts to the Legislature and others. 
 
B. SECTION DIRECTORY: 
Section 1. Amends s. 1006.73, F.S.; requiring the FCS, SUS, and Network to provide specified 
support for certain open education resources; establishing the SOAR Repository and the 
SOAR Grant Program. 
Section 2. Amends s. 1009.26, F.S.; requiring the BOG to establish two Programs of Strategic 
Emphasis in a specified category. 
Section 3. Amends s. 1009.89, F.S.; revising the requirements for award of funds through EASE 
Grant Program. 
Section 4. Amends s. 1009.895, F.S.; expanding the definition of ODG institutions; removing the 
FAFSA requirement; allowing institutions to cover certain costs for students.  
Section 5. Creates s. 1009.896, F.S.; establishing the LINE Fund. 
Section 6. Creates s. 1009.897, F.S.; creating the PIPELINE Fund. 
Section 7. Amends s. 1004.015, F.S.; revising BOG and SBE duties in support of the Florida Talent 
Development Council. 
Section 8. Amends s. 464.0195, F.S.; revising the goals of the Florida Center for Nursing. 
Section 9. Provides an effective date. 
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
The bill is expected to have a significant economic impact on the private sector. State postsecondary 
institutions that cultivate and implement OER in course curriculum will reduce textbook and instructional 
materials costs to students, providing greater access to higher education. Expanding BOGO waivers to  STORAGE NAME: h5201a.APC 	PAGE: 15 
DATE: 2/9/2022 
  
additional PSE will have a positive fiscal impact on students enrolled in select courses. Expanding the 
list of eligible institutions who can participate in the ODG program will help to produce a more qualified 
and credentialed workforce, particularly in high-demand occupations. Allowing institutions to cover 
certain costs for students in ODG programs will save students money and increase access to 
postsecondary education. Postsecondary institutions that enhance and expand their nursing education 
programs, as well as those who partner with healthcare providers, stand to supply the state with more 
qualified nurses to address critical workforce and healthcare shortages. 
 
D. FISCAL COMMENTS: 
The bill conforms statutes to the funding decisions related to Higher Education included in the House 
proposed General Appropriations Act (GAA) for Fiscal Year 2022-2023. 
 
The Florida Postsecondary Academic Library Network estimates the fiscal impact of the SOAR 
Repository to be approximately $3 million.  The House proposed GAA provides $3 million for the SOAR 
Repository and an additional $7.2 million for the SOAR Grant Program. The bill specifies that 
necessary funding increases will be included in agencies’ annual legislative budget requests. 
 
The creation of a tiered award amount structure for the EASE program will have varying impacts on 
institutions and students based upon their relative performance.  The fiscal impact of this policy is a 
reduction of $6.8 million to the program.  Award amounts and funding provided by Tier in the House 
proposed GAA is as follows: 
 
 
 
The fiscal impact for the expansion of programs eligible to participate in the BOGO waiver can be 
absorbed within existing resources.  The Fiscal Year 2021-2022 GAA provided $25 million in recurring 
funding for this purpose.  Waivers were provided during the Fall 2021 term to an estimated 7,811 
students, totaling approximately $6.9 million.   
 
The fiscal impact for the expansion of institutions eligible to participate in the ODG program can be 
absorbed within existing resources. The Fiscal Year 2021-2022 GAA provided a total of $35 million in 
nonrecurring funding from the Governors Emergency Education Relief Fund to district technical centers 
and FCS to implement the ODG program. The House proposed GAA provides a total of $35 million in 
recurring general revenue for the ODG program. 
 
The bill establishes the Linking Industry to Nursing Education (LINE) Fund and makes it subject to 
available appropriations.  The Prepping Institutions, Programs, Employers, and Learners through 
Incentives for Nursing Education (PIPELINE) Fund is also created in the bill and is subject to 
appropriation.   The House proposed GAA provides $100 million for PIPELINE and $25 million for 
LINE. 
 
The House proposed GAA provides $1 million for any costs associated with the revised goals and 
duties of the Florida Center for Nursing.  
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: TierAward# InstitutionsFTE Funding
1 4,000$ 2 3,576   14,304,000$        
2 3,500$ 3 3,255   11,392,500$        
3 2,841$ 18 23,976 68,115,816$        
4 1,400$ 6 4,628   6,479,200$           
5 -$      5 2,270   	-$                        
Effective Access to Student Education (EASE)  STORAGE NAME: h5201a.APC 	PAGE: 16 
DATE: 2/9/2022 
  
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The Board of Governors will need to update its regulations to implement the provisions related to the 
addition of two new Programs of Strategic Emphasis for which the ‘Buy One, Get One Free Tuition & 
Fee Waiver’ may be used. 
 
The Board of Governors and State Board of Education will be required to adopt regulations and rules, 
respectively, to administer the Florida Nursing Expansion Incentive Fund, establish dates for the 
submission and review of proposals, award funds, as well as any other necessary regulations and 
rules. 
 
The Board of Governors and State Board of Education will also be required to adopt regulations and 
rules, respectively, to administer the Public Postsecondary Nursing Education Program Performance-
based Incentive. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On February 9, 2022, the Appropriations Committee adopted two amendments and reported the bill 
favorably as a committee substitute.  The amendments: 
 Increase collaboration between the State University System and Florida College System in the 
adaptation or development of open education resources by facilitating the creation of processes to 
ensure quality and accuracy of content, suitability for publication, and compliance with federal and 
state copyright laws and regulations; 
 Amend the responsibilities of the Network; 
 Expand the definition of “institutions” eligible to offer the ODG program to also include school 
districts with eligible integrated education and training programs; 
 Remove the requirement for students to complete the FASFA in order to be eligible for the ODG 
program; and 
 Allow ODG institutions to cover the student’s one-third cost of the program based on student need, 
as determined by the institution. 
 
The bill analysis is drafted to the committee substitute adopted by the Appropriations Committee.