CS/HB 289

1	A bill to be entitled
2	An act relating to textbook affordability; creating s.
3	1004.09, F.S.; prohibiting certain actions of community
4	college or state university employees that relate to
5	student purchase of required textbooks; requiring student
6	notification of assigned textbooks; requiring adoption of
7	specified policies and practices to minimize the cost of
8	textbooks; requiring a study and report by the Office of
9	Program Policy Analysis and Government Accountability;
10	providing an effective date.
11
12	WHEREAS, textbooks are an essential part of a comprehensive
13	and high-quality postsecondary education, and
14	WHEREAS, the availability and affordability of textbooks
15	directly impact the quality and affordability of postsecondary
16	education, and
17	WHEREAS, the United States Government Accountability Office
18	recently reported that in the last two decades college textbook
19	prices have increased at twice the rate of inflation, and
20	WHEREAS, the United States Government Accountability Office
21	reported that, while many factors affect textbook pricing, the
22	increasing costs associated with developing instructional
23	supplements to accompany textbooks best explain price increases
24	in recent years, and
25	WHEREAS, the United States Government Accountability Office
26	reported that college textbook prices in the United States may
27	exceed prices in other countries because prices reflect market
28	conditions found in each country, such as the willingness and
29	ability of students to purchase the textbook, and
30	WHEREAS, the cost of textbooks is one component considered
31	in making federal and state-funded financial aid awards, and as
32	such, escalating textbook prices can impact federal and state
33	spending, and
34	WHEREAS, state universities and community colleges should
35	consider the least costly practices in assigning textbooks when
36	such practices are educationally sound, NOW, THEREFORE,
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Section 1004.09, Florida Statutes, is created
41	to read:
42	1004.09  Textbook affordability.--
43	(1)  No employee of a community college or state university
44	may demand or receive any payment, loan, subscription, advance,
45	deposit of money, service, or anything of value, present or
46	promised, as an inducement for requiring students to purchase a
47	specific textbook for coursework or instruction, with the
48	exception that an employee may receive:
49	(a)  Sample copies, instructor copies, or instructional
50	materials, not to be sold.
51	(b)  Royalties or other compensation from sales of
52	textbooks that include the instructor's own writing or work.
53	(2)  No later than 45 days prior to the first day of
54	classes or at the time a course instructor or the academic
55	department offering a course identifies a textbook for order and
56	subsequent student purchase, whichever is earlier, community
57	colleges and state universities shall notify students of the
58	textbooks assigned for each course offered at the institution by
59	listing each assigned textbook on the website of the
60	institution. The notification shall include the International
61	Standard Book Number (ISBN) for each textbook along with other
62	relevant information.
63	(3)  By March 1, 2008, the State Board of Education and the
64	Board of Governors each shall adopt policies, procedures, and
65	guidelines for implementation by community colleges and state
66	universities, respectively, that further efforts to minimize the
67	cost of textbooks for students attending such institutions while
68	maintaining the quality of education and academic freedom. The
69	policies, procedures, and guidelines shall provide for the
70	following:
71	(a)  That textbook adoptions are made with sufficient lead
72	time to bookstores so as to confirm availability of the
73	requested materials and, where possible, ensure maximum
74	availability of used books.
75	(b)  That, in the textbook adoption process, the intent to
76	use all items ordered, particularly each individual item sold as
77	part of a bundle package, is confirmed by the course instructor
78	or the academic department offering the course before the
79	adoption is finalized.
80	(c)  That a course instructor or the academic department
81	offering the course confirms before an adoption is finalized
82	that the selection of a new edition textbook is based on a
83	determination by the academic department offering the course
84	that the new edition differs significantly in a substantive way
85	from earlier versions.
86	(d)  That the establishment of policies shall include
87	provisions for the availability of required textbooks to
88	students otherwise unable to afford the cost.
89	Section 2.  (1)  The Office of Program Policy Analysis and
90	Government Accountability shall conduct a study of the rising
91	costs of college textbooks and textbook purchasing practices of
92	public postsecondary educational institutions in the state. In
93	conducting the study, the Office of Program Planning and Policy
94	Analysis shall:
95	(a)  Conduct a sample survey of students in community
96	colleges and state universities regarding the costs of textbooks
97	each semester.
98	(b)  Review and analyze the textbook purchasing policies of
99	community colleges and state universities to develop and
100	disseminate best practices for textbook purchasing.
101	(c)  Review policies and practices that are being
102	considered or have been implemented by institutions of higher
103	education in this state and other states to reduce the financial
104	burden of textbook costs to students and their families,
105	including, but not limited to, use of used textbooks, rental
106	textbook systems, digital textbook subscriptions, textbook
107	financing programs, faculty education, and standard procedures
108	for institutions and college bookstores.
109	(2)  A final report, including recommendations, shall be
110	submitted to the President of the Senate and the Speaker of the
111	House of Representatives by December 1, 2007.
112	Section 3.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.