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 10 Y, 3 N Peters Smith
Subcommittee
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.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
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, Florida4 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.
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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.
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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 University12 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.
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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 th