Florida 2022 Regular Session

Florida House Bill H7051 Latest Draft

Bill / Comm Sub Version Filed 03/01/2022

                               
 
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A bill to be entitled 1 
An act relating to postsecondary education; amending 2 
s. 1004.085, F.S.; providing requirements for lists of 3 
required and recommended textbooks and instructional 4 
materials for Florida College System institution and 5 
state university courses; requiring specif ied course 6 
syllabi information for certain courses to be included 7 
in the course registration system beginning in certain 8 
academic years; requiring such information to remain 9 
posted for a specified time period; revising specified 10 
reporting requirements for the board of trustees of 11 
Florida College System institutions and state 12 
universities; amending s. 1007.24, F.S.; revising the 13 
maintenance requirements of and information that must 14 
be included in the statewide course numbering system; 15 
requiring certain posts econdary educational 16 
institutions' registration processes to include 17 
specified information; requiring certain postsecondary 18 
educational institutions to accept and apply general 19 
education courses and credit in a specified manner; 20 
requiring the State Board o f Education to adopt rules; 21 
providing requirements for the rules; creating s. 22 
1008.47, F.S.; defining the term "postsecondary 23 
education institution"; requiring the Board of 24 
Governors and State Board of Education to identify and 25     
 
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determine accrediting agenci es or associations best 26 
suited for state universities and Florida College 27 
System institutions, respectively, by a date certain; 28 
providing requirements for such accrediting agencies 29 
or associations; prohibiting state universities and 30 
Florida College System institutions from being 31 
accredited by the same agency or association for 32 
consecutive accreditation cycles; requiring state 33 
universities and Florida College System institutions 34 
to obtain accreditation from accrediting agencies or 35 
associations identified by the Board of Governors or 36 
State Board of Education, respectively; providing that 37 
specified academic programs are exempt from such 38 
requirements; creating a cause of action for 39 
postsecondary education institutions; authorizing the 40 
award of specified damages, court costs, and attorney 41 
fees; providing for the future expiration of the 42 
section; amending ss. 1009.23 and 1009.24, F.S.; 43 
requiring Florida College System institutions and 44 
state universities, respectively, to post specified 45 
information relating to tuiti on and fee rates on their 46 
websites; revising the information that must be 47 
included in a required notice to students; requiring a 48 
specific press release to be e -mailed to enrolled 49 
students; providing requirements for a Florida College 50     
 
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System institution or state university, respectively, 51 
to raise, impose, or authorize certain fees; providing 52 
a directive to the Division of Law Revision; providing 53 
effective dates. 54 
 55 
Be It Enacted by the Legislature of the State of Florida: 56 
 57 
 Section 1.  Subsections (5) an d (7) of section 1004.085, 58 
Florida Statutes, are amended to read: 59 
 1004.085  Textbook and instructional materials 60 
affordability and transparency.— 61 
 (5)(a) Each Florida College System institution and state 62 
university shall post prominently in the course re gistration 63 
system and on its website , as early as is feasible, but at least 64 
45 days before the first day of class for each term, a hyperlink 65 
to lists of required and recommended textbooks and instructional 66 
materials for at least 95 percent of all courses a nd course 67 
sections offered at the institution during the upcoming term. 68 
The lists must include the International Standard Book Number 69 
(ISBN) for each required and recommended textbook and 70 
instructional material or other identifying information, which 71 
must include, at a minimum, all of the following: the title, all 72 
authors listed, publishers, edition number, copyright date, 73 
published date, and other relevant information necessary to 74 
identify the specific textbooks or instructional materials 75     
 
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required and recommended for each course. The State Board of 76 
Education and the Board of Governors shall include in the 77 
policies, procedures, and guidelines adopted under subsection 78 
(6) certain limited exceptions to this notification requirement 79 
for classes added after the notification deadline. 80 
 (b)  The lists of required and recommended textbooks and 81 
instructional materials required in paragraph (a) must: 82 
 1.  Be posted as early as is feasible, but at least 45 days 83 
before the first day of class for each term, for at least 95 84 
percent of all courses and course sections offered at the 85 
institution during the upcoming term. 86 
 2.  Remain posted for at least 4 academic years. 87 
 3.  Be searchable by academic term, department, course 88 
number, course section, the name of the instructor of the 89 
course, and International Standard Book Number (ISBN). 90 
 4.  Be easily printed or downloadable by current and 91 
prospective students for their registered courses or search 92 
results. 93 
 (c)  Beginning with the 2022 -2023 academic year for general 94 
education core course options identified pursuant to s. 1007.25, 95 
and by the 2024-2025 academic year for all upper -level courses 96 
required as part of a degree program, course syllabi containing 97 
sufficient detail to inform students of all of the following 98 
must be included in the course registration system and remain 99 
posted for at least 4 academic years: 100     
 
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 1.  The course curriculum. 101 
 2.  The goals, objectives, and student expectations of the 102 
course. 103 
 3.  How student performance will be measured. 104 
 (7)  The board of trustees of each Florida College System 105 
institution and state university shall report, by September 30 106 
of each year, to the Chancellor of the Florida College System or 107 
the Chancellor of the State University System, as applicable, 108 
the textbook and instructional materials selection process for 109 
high-enrollment courses; specific initiatives of the institution 110 
designed to reduce the costs of textbooks and instructional 111 
materials; policies implemented in accordance with subsection 112 
(5); the number of courses and course sections that were not 113 
able to meet the textbook and instructional materials and course 114 
syllabi posting deadline for the previous academic year; and any 115 
additional information determined by the chancellors. By 116 
November 1 of each yea r, each chancellor shall provide a summary 117 
of the information provided by institutions to the State Board 118 
of Education and the Board of Governors, as applicable. 119 
 Section 2.  Subsection (8) of section 1007.24, Florida 120 
Statutes, is renumbered as subsectio n (9), subsections (4), (5), 121 
and present subsection (8) are amended, and a new subsection (8) 122 
is added to that section, to read: 123 
 1007.24  Statewide course numbering system. — 124     
 
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 (4)  The statewide course numbering system must be shall 125 
maintained electronical ly and regularly updated by the 126 
department, and include the courses at the recommended levels , 127 
course numbers, course titles, credits awarded, and other 128 
identifiable information by institution and academic year, as 129 
required by state board rule . 130 
 (5)  The registration process at each state university and 131 
Florida College System institution shall include the courses at 132 
their designated levels , and statewide course numbers , course 133 
titles, credits awarded, and other identifiable information , as 134 
required by state board rule. 135 
 (8)  Participating postsecondary institutions receiving 136 
transfer course credit must accept and apply general education 137 
courses and credit in accordance with this section, s. 1007.25, 138 
and other provisions of law, including credit earned throug h 139 
dual enrollment, course equivalencies, and other acceleration 140 
mechanisms, as first satisfying general education core course 141 
credit requirements and other general education subject area 142 
course credit requirements before applying the course credit as 143 
elective credit. 144 
 (9)(8) The State Board of Education shall adopt rules that 145 
provide for the collection of course information from 146 
participating institutions, identifiable information required 147 
for each course, and the conduct of regularly scheduled faculty 148     
 
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committee reviews and recommendations. At a minimum, rules must 149 
address all of the following: 150 
 (a)  Required institutional reporting formats, timelines, 151 
and procedures for the timely and uniform collection and 152 
publication of course data information. 153 
 (b)  Regularly scheduled faculty committee reviews and 154 
recommendations to the commissioner for the alignment or 155 
realignment of courses, course numbers, course titles, 156 
designated levels, credits awarded, and other identifiable 157 
information for the purpose of facilita ting credit transfer and 158 
acceptance for substantially similar courses at receiving 159 
institutions. 160 
 (c)  Regularly scheduled faculty committee reviews and 161 
recommendations to the commissioner for the classification or 162 
reclassification of courses as satisfying general education, 163 
general education core, prerequisite, substitution, equivalency, 164 
civic literacy, or other course types, pursuant to s. 1007.25, 165 
consistent with subject area, course content, programmatic, and 166 
other requirements outlined in rule.  167 
 (d) Purges of courses that are listed in the statewide 168 
course numbering system but have not been taught at an 169 
institution for the preceding 5 years. These rules must include 170 
waiver provisions that allow course continuation if an 171 
institution has reasonable ca use for having not offered a course 172     
 
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within the 5-year limit and an expectation that the course will 173 
be offered again within the following 5 years. 174 
 Section 3.  Effective upon becoming a law, section 1008.47, 175 
Florida Statutes, is created to read: 176 
 1008.47 Postsecondary education institution 177 
accreditation.— 178 
 (1)  DEFINITION.—As used in this section, the term 179 
"postsecondary education institution" means a Florida College 180 
System institution, state university, or nonpublic postsecondary 181 
education institution t hat receives state funds. 182 
 (2)  ACCREDITATION.—By July 1, 2022, the Board of 183 
Governors, for state universities, and the State Board of 184 
Education, for Florida College System institutions, shall 185 
identify and make a determination of the accrediting agencies o r 186 
associations that are best suited to, respectively, serve as an 187 
accreditor for state universities and Florida College System 188 
institutions. Such accrediting agencies or associations must be 189 
recognized by the database created and maintained by the United 190 
States Department of Education. A state university or Florida 191 
College System institution may not be accredited by the same 192 
accrediting agency or association for consecutive accreditation 193 
cycles. In the year following reaffirmation or fifth -year review 194 
by their accrediting agencies or associations, each state 195 
university or Florida College System institution must seek and 196 
obtain accreditation from an accrediting agency or association 197     
 
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identified by the Board of Governors or State Board of 198 
Education, respectivel y, before its next reaffirmation date. The 199 
requirements of this subsection do not apply to those 200 
professional, graduate, departmental, or certificate programs at 201 
state universities or Florida College System institutions that 202 
have specific accreditation req uirements or best practices, 203 
including, but not limited to, law, pharmacy, engineering, or 204 
other similarly situated educational programs. 205 
 (3)  CAUSE OF ACTION. —A postsecondary education institution 206 
negatively impacted by retaliatory action taken against t he 207 
postsecondary education institution by an accrediting agency or 208 
association may bring an action against the accrediting agency 209 
or association in a court of competent jurisdiction and may 210 
obtain liquidated damages up to the amount of federal financial 211 
aid received by the postsecondary education institution, court 212 
costs, and reasonable attorney fees. 213 
 (4)  This section expires December 31, 2032. 214 
 Section 4.  Subsection (20) of section 1009.23, Florida 215 
Statutes, is amended, and subsection (21) is added to that 216 
section, to read: 217 
 1009.23  Florida College System institution student fees. — 218 
 (20)  All tuition and fees described in this section, and 219 
any proposed changes to such tuition and fees, must be 220 
prominently posted on the Florida College System instituti on's 221 
website in an area that is transparent and easily accessible. 222     
 
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Each Florida College System institution shall publicly notice 223 
and notify all enrolled students of any proposal to increase 224 
tuition or fees at least 28 days before its consideration for a 225 
vote taken at a board of trustees meeting. The notice must: 226 
 (a)  Include the date and time of the meeting at which the 227 
proposal will be considered. 228 
 (b)  Specifically outline the details of existing tuition 229 
and fees, including how such tuition and fees are expended, the 230 
rationale and necessity for the proposed increase, and how the 231 
funds from the proposed increase will be used. 232 
 (c)  Be posted on the institution's website and issued in a 233 
press release, which must also be enclosed in an email sent to 234 
all enrolled students. 235 
 (21)  Any proposal or action of a Florida College System 236 
institution to raise, impose, or authorize any fee, as 237 
authorized by law, except for tuition, must be approved by a 238 
supermajority vote of the members of the board of trustees of 239 
the institution, if approval by the board of trustees is 240 
required by general law, and at least a supermajority vote of 241 
the members of the State Board of Education, if approval by the 242 
State Board of Education is required by general law, in order to 243 
take effect. 244 
 Section 5.  Subsection (20) of section 1009.24, Florida 245 
Statutes, is amended, and subsection (21) is added to that 246 
section, to read: 247     
 
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 1009.24  State university student fees. — 248 
 (20)  All tuition and fees described in this section, and 249 
any proposed changes to such tuition and fees, must be 250 
prominently posted on the state university's website in an area 251 
that is transparent and easily accessible. Each state university 252 
shall publicly notice and notify all enrolled students of any 253 
proposal to change tuition or fees at least 28 days before its 254 
consideration for a vote taken at a board of trustees meeting. 255 
The notice must: 256 
 (a) Include the date and time of the meeting at which the 257 
proposal will be considered. 258 
 (b) Specifically outline the details of existing tuition 259 
and fees, including how such tuition and fees are expended, the 260 
rationale and necessity for the proposed change, and how the 261 
funds from the proposed change will be used.  262 
 (c) Be posted on the unive rsity's website and issued in a 263 
press release, which must also be enclosed in an email sent to 264 
all enrolled students . 265 
 (21)  Pursuant to s. 7(e), Art. IX of the State 266 
Constitution, any proposal or action of a constituent university 267 
to raise, impose, or aut horize any fee, as authorized by law, 268 
except for tuition, must be approved by at least nine 269 
affirmative votes of the members of the board of trustees of the 270 
constituent university, if approval by the board of trustees is 271 
required by general law, and at lea st twelve affirmative votes 272     
 
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of the members of the Board of Governors, if approval by the 273 
Board of Governors is required by general law, in order to take 274 
effect.  275 
 Section 6.  The Division of Law Revision shall prepare a 276 
reviser's bill for the 2023 Regula r Session of the Legislature 277 
to replace references to the phrases "the Southern Association 278 
of Colleges and Schools," "the Commission on Colleges of the 279 
Southern Association of Colleges and Schools," and "the Southern 280 
Association of Colleges and Schools Co mmission on Colleges" 281 
wherever they occur in Florida Statutes with the phrase "an 282 
accrediting agency or association recognized by the database 283 
created and maintained by the United States Department of 284 
Education." 285 
 Section 7.  Except as otherwise expressl y provided in this 286 
act and except for this section, which shall take effect upon 287 
this act becoming a law, this act shall take effect July 1, 288 
2022. 289