HB 603

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

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