HB 603

1
A bill to be entitled
2An act relating to textbook affordability; creating s.
31004.09, F.S.; prohibiting certain actions of community
4college or state university employees that relate to
5student purchase of required textbooks; authorizing
6receipt of certain instructional materials, compensation,
7and training; requiring student notification of required
8textbooks; requiring adoption of specified policies and
9practices to minimize the cost of textbooks; providing an
10effective date.
11
12     WHEREAS, textbooks are an essential part of a comprehensive
13and high-quality postsecondary education, and
14     WHEREAS, the availability and affordability of textbooks
15directly impact the quality and affordability of postsecondary
16education, and
17     WHEREAS, the United States Government Accountability Office
18recently reported that in the last two decades college textbook
19prices have increased at twice the rate of inflation, and
20     WHEREAS, the United States Government Accountability Office
21reported that, while many factors affect textbook pricing, the
22increasing costs associated with developing instructional
23supplements to accompany textbooks best explain price increases
24in recent years, and
25     WHEREAS, the United States Government Accountability Office
26reported that college textbook prices in the United States may
27exceed prices in other countries because prices reflect market
28conditions found in each country, such as the willingness and
29ability of students to purchase the textbook, and
30     WHEREAS, the cost of textbooks is one component considered
31in making federal and state-funded financial aid awards, and, as
32such, escalating textbook prices can impact federal and state
33spending, and
34     WHEREAS, state universities and community colleges should
35consider the least costly practices in assigning textbooks when
36such practices are educationally sound, NOW, THEREFORE,
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Section 1004.09, Florida Statutes, is created
41to read:
42     1004.09  Textbook affordability.--
43     (1)  No employee of a community college or state university
44may demand or receive any payment, loan, subscription, advance,
45deposit of money, service, or anything of value, present or
46promised, in exchange for requiring students to purchase a
47specific textbook for coursework or instruction.
48     (2)  An employee may receive:
49     (a)  Sample copies, instructor copies, or instructional
50materials.
51     (b)  Royalties or other compensation from sales of
52textbooks that include the instructor's own writing or work.
53     (c)  Honoraria for academic peer review of course
54materials.
55     (d)  Fees associated with activities such as reviewing,
56critiquing, or preparing support materials for textbooks
57pursuant to guidelines adopted by the State Board of Education
58or the Board of Governors.
59     (e)  Training in the use of course materials and learning
60technologies.
61     (3)  Community colleges and state universities shall post
62on their websites, as early as is feasible, but not less than 30
63days prior to the first day of class for each term, a list of
64each textbook required for each course offered at the
65institution during the upcoming term. The posted list shall
66include the International Standard Book Number (ISBN) for each
67textbook along with other relevant information necessary to
68identify the specific textbook or textbooks required for each
69course. The State Board of Education and the Board of Governors
70shall include in the policies, procedures, and guidelines
71adopted under subsection (4) certain limited exceptions to this
72notification requirement for classes added after the
73notification deadline.
74     (4)  By March 1, 2009, the State Board of Education and the
75Board of Governors each shall adopt policies, procedures, and
76guidelines for implementation by community colleges and state
77universities, respectively, that further efforts to minimize the
78cost of textbooks for students attending such institutions while
79maintaining the quality of education and academic freedom. The
80policies, procedures, and guidelines shall provide for the
81following:
82     (a)  That textbook adoptions are made with sufficient lead
83time to bookstores so as to confirm availability of the
84requested materials and, where possible, ensure maximum
85availability of used books.
86     (b)  That, in the textbook adoption process, the intent to
87use all items ordered, particularly each individual item sold as
88part of a bundled package, is confirmed by the course instructor
89or the academic department offering the course before the
90adoption is finalized.
91     (c)  That a course instructor or the academic department
92offering the course determines, before a textbook is adopted,
93the extent to which a new edition differs significantly and
94substantively from earlier versions and the value of changing to
95a new edition.
96     (d)  That the establishment of policies shall address the
97availability of required textbooks to students otherwise unable
98to afford the cost.
99     Section 2.  This act shall take effect July 1, 2008.


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