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; authorizing

6

receipt of certain instructional materials, compensation,

7

and training; requiring student notification of required

8

textbooks; requiring adoption of specified policies and

9

practices to minimize the cost of textbooks; providing an

10

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 to

41

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, in exchange for requiring students to purchase a

47

specific textbook for coursework or instruction.

48

     (2) An employee may receive:

49

     (a) Sample copies, instructor copies, or instructional

50

materials.

51

     (b) Royalties or other compensation from sales of textbooks

52

that include the instructor's own writing or work.

53

     (c) Honoraria for academic peer review of course materials.

54

     (d) Fees associated with activities such as reviewing,

55

critiquing, or preparing support materials for textbooks pursuant

56

to guidelines adopted by the State Board of Education or the

57

Board of Governors.

58

     (e) Training in the use of course materials and learning

59

technologies.

60

     (3) Community colleges and state universities shall post on

61

their websites, as early as is feasible, but not less than 30

62

days prior to the first day of class for each term, a list of

63

each textbook required for each course offered at the institution

64

during the upcoming term. The posted list shall include the

65

International Standard Book Number (ISBN) for each textbook along

66

with other relevant information necessary to identify the

67

specific textbook or textbooks required for each course. The

68

State Board of Education and the Board of Governors shall include

69

in the policies, procedures, and guidelines adopted under

70

subsection (4) certain limited exceptions to this notification

71

requirement for classes added after the notification deadline.

72

     (4) By March 1, 2009, the State Board of Education and the

73

Board of Governors each shall adopt policies, procedures, and

74

guidelines for implementation by community colleges and state

75

universities, respectively, that further efforts to minimize the

76

cost of textbooks for students attending such institutions while

77

maintaining the quality of education and academic freedom. The

78

policies, procedures, and guidelines shall provide for the

79

following:

80

     (a) That textbook adoptions are made with sufficient lead

81

time to bookstores so as to confirm availability of the requested

82

materials and, where possible, ensure maximum availability of

83

used books.

84

     (b) That, in the textbook adoption process, the intent to

85

use all items ordered, particularly each individual item sold as

86

part of a bundled package, is confirmed by the course instructor

87

or the academic department offering the course before the

88

adoption is finalized.

89

     (c) That a course instructor or the academic department

90

offering the course determines, before a textbook is adopted, the

91

extent to which a new edition differs significantly and

92

substantively from earlier versions and the value of changing to

93

a new edition.

94

     (d) That the establishment of policies shall address the

95

availability of required textbooks to students otherwise unable

96

to afford the cost.

97

     Section 2.  This act shall take effect July 1, 2008.