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A bill to be entitled

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An act relating to textbook affordability; creating s.

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1004.09, F.S.; prohibiting certain actions of community

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college or state university employees that relate to

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student purchase of required textbooks; authorizing

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receipt of certain instructional materials, compensation,

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and training; requiring student notification of required

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textbooks; requiring adoption of specified policies and

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practices to minimize the cost of textbooks; providing an

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effective date.

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     WHEREAS, textbooks are an essential part of a comprehensive

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and high-quality postsecondary education, and

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     WHEREAS, the availability and affordability of textbooks

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directly impact the quality and affordability of postsecondary

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education, and

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     WHEREAS, the United States Government Accountability Office

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recently reported that in the last two decades college textbook

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prices have increased at twice the rate of inflation, and

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     WHEREAS, the United States Government Accountability Office

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reported that, while many factors affect textbook pricing, the

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increasing costs associated with developing instructional

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supplements to accompany textbooks best explain price increases

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in recent years, and

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     WHEREAS, the United States Government Accountability Office

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reported that college textbook prices in the United States may

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exceed prices in other countries because prices reflect market

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conditions found in each country, such as the willingness and

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ability of students to purchase the textbook, and

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     WHEREAS, the cost of textbooks is one component considered

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in making federal and state-funded financial aid awards, and, as

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such, escalating textbook prices can impact federal and state

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spending, and

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     WHEREAS, state universities and community colleges should

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consider the least costly practices in assigning textbooks when

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such practices are educationally sound, NOW, THEREFORE,

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 1004.09, Florida Statutes, is created to

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read:

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     1004.09 Textbook affordability.--

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     (1) No employee of a community college or state university

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may demand or receive any payment, loan, subscription, advance,

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deposit of money, service, or anything of value, present or

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promised, in exchange for requiring students to purchase a

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specific textbook for coursework or instruction.

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     (2) An employee may receive:

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     (a) Sample copies, instructor copies, or instructional

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materials.

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     (b) Royalties or other compensation from sales of textbooks

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that include the instructor's own writing or work.

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

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     (d) Fees associated with activities such as reviewing,

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critiquing, or preparing support materials for textbooks pursuant

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to guidelines adopted by the State Board of Education or the

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Board of Governors.

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

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technologies.

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     (3) Community colleges and state universities shall post on

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

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

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each textbook required for each course offered at the institution

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during the upcoming term. The posted list must include the

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International Standard Book Number (ISBN) for each required

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textbook or other identifying information, which must include, at

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a minimum, all of the following: the title, all authors listed,

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publishers, edition number, copyright date, published date, and

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other relevant information necessary to identify the specific

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textbook or textbooks required for each course. The State Board

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of Education and the Board of Governors shall include in the

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policies, procedures, and guidelines adopted under subsection (4)

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certain limited exceptions to this notification requirement for

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classes added after the notification deadline.

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

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Board of Governors each shall adopt policies, procedures, and

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guidelines for implementation by community colleges and state

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universities, respectively, that further efforts to minimize the

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cost of textbooks for students attending such institutions while

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maintaining the quality of education and academic freedom. The

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policies, procedures, and guidelines shall provide for the

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following:

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     (a) That textbook adoptions are made with sufficient lead

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time to bookstores so as to confirm availability of the requested

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materials and, where possible, ensure maximum availability of

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used books.

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

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use all items ordered, particularly each individual item sold as

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

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or the academic department offering the course before the

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adoption is finalized.

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     (c) That a course instructor or the academic department

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

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extent to which a new edition differs significantly and

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substantively from earlier versions and the value of changing to

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a new edition.

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     (d) That the establishment of policies shall address the

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availability of required textbooks to students otherwise unable

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to afford the cost.

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