| 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 |
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| 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 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
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| 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, 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 |
| 52 | textbooks that include the instructor's own writing or work. |
| 53 | (c) Honoraria for academic peer review of course |
| 54 | materials. |
| 55 | (d) Fees associated with activities such as reviewing, |
| 56 | critiquing, or preparing support materials for textbooks |
| 57 | pursuant to guidelines adopted by the State Board of Education |
| 58 | or the Board of Governors. |
| 59 | (e) Training in the use of course materials and learning |
| 60 | technologies. |
| 61 | (3) Community colleges and state universities shall post |
| 62 | on their websites, as early as is feasible, but not less than 30 |
| 63 | days prior to the first day of class for each term, a list of |
| 64 | each textbook required for each course offered at the |
| 65 | institution during the upcoming term. The posted list shall |
| 66 | include the International Standard Book Number (ISBN) for each |
| 67 | textbook along with other relevant information necessary to |
| 68 | identify the specific textbook or textbooks required for each |
| 69 | course. The State Board of Education and the Board of Governors |
| 70 | shall include in the policies, procedures, and guidelines |
| 71 | adopted under subsection (4) certain limited exceptions to this |
| 72 | notification requirement for classes added after the |
| 73 | notification deadline. |
| 74 | (4) By March 1, 2009, the State Board of Education and the |
| 75 | Board of Governors each shall adopt policies, procedures, and |
| 76 | guidelines for implementation by community colleges and state |
| 77 | universities, respectively, that further efforts to minimize the |
| 78 | cost of textbooks for students attending such institutions while |
| 79 | maintaining the quality of education and academic freedom. The |
| 80 | policies, procedures, and guidelines shall provide for the |
| 81 | following: |
| 82 | (a) That textbook adoptions are made with sufficient lead |
| 83 | time to bookstores so as to confirm availability of the |
| 84 | requested materials and, where possible, ensure maximum |
| 85 | availability of used books. |
| 86 | (b) That, in the textbook adoption process, the intent to |
| 87 | use all items ordered, particularly each individual item sold as |
| 88 | part of a bundled package, is confirmed by the course instructor |
| 89 | or the academic department offering the course before the |
| 90 | adoption is finalized. |
| 91 | (c) That a course instructor or the academic department |
| 92 | offering the course determines, before a textbook is adopted, |
| 93 | the extent to which a new edition differs significantly and |
| 94 | substantively from earlier versions and the value of changing to |
| 95 | a new edition. |
| 96 | (d) That the establishment of policies shall address the |
| 97 | availability of required textbooks to students otherwise unable |
| 98 | to afford the cost. |
| 99 | Section 2. This act shall take effect July 1, 2008. |