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OPEN FL: State Legislation

Guide for the open and affordable learning community of Florida, OPEN FL.

Florida Statute on OER

1006.73 

2023- Florida Postsecondary Academic Library Network.

(1) PURPOSE.—The Board of Governors and the Department of Education will jointly oversee the host entity in accordance with subsection (6) that will deliver the following services to public postsecondary education institutions in this state, which, for the purposes of this section, means all Florida College System and State University System institutions:

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(e) 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.

(f) Provide support for the adoption, adaptation, and creation of open educational resources by faculty members from Florida College System institutions and state universities.

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(4) FLORIDA STUDENT OPEN ACCESS RESOURCES.—There is established a statewide initiative to increase the amount of open access resources available to postsecondary students in the state through the development of the Student Open Access Resources Repository, a statewide, Internet-based, searchable database of open education resources curated by the faculty of Florida College System institutions and state universities, and the establishment of the Student Open Access Resource Grant Program.

(a) For purposes of this section, the term “open educational resources” means high-quality teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license that permits the free use and repurposing of such resources by others. The term may include other resources that are legally available and free of cost to students. Open educational resources include, but are not limited to, full courses; course materials; modules; textbooks; faculty-created content; streaming videos; exams; software; and other tools, materials, or techniques used to support access to knowledge.

(b) The chancellors of the State University System and the Florida College System shall collaborate and take the lead in identifying and developing processes to coordinate and support the adaptation or development of open educational resources by teams of faculty, librarians, and instructional designers within a Florida College System institution or state university, or across multiple institutions and universities. Such processes shall include, but not be 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 Florida Postsecondary Academic Library Network shall:

1. Serve as the lead agency.

2. Facilitate interinstitutional collaborations.

3. Host approved digital assets and on-demand printing capabilities.

4. Ensure compliance with federal and state laws and regulations relating to accessibility, copyright, student data privacy and security, and quality assurance.

5. Provide training for resource and professional development.

6. Administer the grant program under paragraph (d).

(c) Resources available in the Student Open Access Resources Repository shall:

1. Comply with the processes developed by the chancellors of the State University System and Florida College System pursuant to paragraph (b).

2. Be based upon the statewide course numbering system as specified in s. 1007.01.

3. Accelerate textbook affordability pursuant to s. 1004.085.

(d) The Student Open Access Resource Grant Program is created to provide funding for public institutions of higher education, faculty, and staff to create and expand the use of open educational resources.

1. A Florida College System institution or state university may apply to the Florida Postsecondary Academic Library Network for a grant under the program to support the development and curation of open educational resources and for migrating existing content to the Student Open Access Resource Repository.

2. Subject to appropriation by the Legislature, the Florida Postsecondary Academic Library Network may award grants to Florida College System institutions and state universities that apply for grants pursuant to this section. The Florida Academic Library Network shall prioritize courses with high student enrollment, courses with high textbook or materials costs, and courses identified as general education core courses pursuant to s. 1007.25 when establishing award criteria.

3. Florida College System institutions and state universities receiving grant funds shall agree to openly license and share, under the broadest possible license, any open educational resources developed or adapted using the grant and post such resources to the Student Open Access Resources Repository.

4. By fiscal year 2023-2024, grant funds provided to the Florida Postsecondary Academic Library Network host entity shall be awarded to Florida College System institutions and state universities.

(e) Each Florida College System institution and state university shall post prominently in its course registration system and on its website, as early as is feasible, but at least 45 days before the first day of class for each term, courses that utilize open educational resources and have zero textbook costs as indicated by an icon next to each eligible course. A Zero Textbook Cost Indicator developed by the Florida Postsecondary Academic Library Network may be used for this purpose.

(5) REPORTING.—

(a) Beginning December 31, 2021, and each year thereafter, the host entity shall submit a report to the Chancellors of the State University System and the Florida College System regarding the implementation and operation of all components described in this section, including, but not limited to, all of the following:

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4. The number and value of grants awarded under paragraph (4)(d) and the distribution of those funds.

5. The number and types of courses placed in the Student Open Access Resources Repository.

6. Information on the utilization of the Student Open Access Resources Repository and utilization of open educational resources in course sections, by Florida College System institution and state university.

2022- Florida Postsecondary Academic Library Network.

Note: in 2022 Proposed Legislation, originally CS/HB 5201: Higher Education, became part of SB 2524; Establishes requirements for open education resources, Student Open Access Resource Repository, Student Open Access Resource Grant Program. 

2021- Florida Postsecondary Academic Library Network.

(1) PURPOSE.—The Board of Governors and the Department of Education will jointly oversee the host entity in accordance with subsection (5) that will deliver the following services to public postsecondary education institutions in this state, which, for the purposes of this section, means all Florida College System and State University System institutions:

...

(e) 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.

 

2013-2020- Florida Library Services

(1) The Florida  Library Services  is established to provide a single library automation system and associated resources and services that all public postsecondary institutions shall use to support learning, teaching, and research needs.
(2) The Florida  Library Services  shall:
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(c) Promote and provide recommendations concerning the use and distribution of open-access textbooks and education resources as a method for reducing costs and work with public postsecondary education institutions in developing a standardized process for the review and approval of open-access textbooks and education resources.