CS/HB 289

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; requiring a
10	study and report by the Office of Program Policy Analysis
11	and Government Accountability; providing an effective
12	date.
13
14	WHEREAS, textbooks are an essential part of a comprehensive
15	and high-quality postsecondary education, and
16	WHEREAS, the availability and affordability of textbooks
17	directly impact the quality and affordability of postsecondary
18	education, and
19	WHEREAS, the United States Government Accountability Office
20	recently reported that in the last two decades college textbook
21	prices have increased at twice the rate of inflation, and
22	WHEREAS, the United States Government Accountability Office
23	reported that, while many factors affect textbook pricing, the
24	increasing costs associated with developing instructional
25	supplements to accompany textbooks best explain price increases
26	in recent years, and
27	WHEREAS, the United States Government Accountability Office
28	reported that college textbook prices in the United States may
29	exceed prices in other countries because prices reflect market
30	conditions found in each country, such as the willingness and
31	ability of students to purchase the textbook, and
32	WHEREAS, the cost of textbooks is one component considered
33	in making federal and state-funded financial aid awards, and as
34	such, escalating textbook prices can impact federal and state
35	spending, and
36	WHEREAS, state universities and community colleges should
37	consider the least costly practices in assigning textbooks when
38	such practices are educationally sound, NOW, THEREFORE,
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 1004.09, Florida Statutes, is created
43	to read:
44	1004.09  Textbook affordability.--
45	(1)  No employee of a community college or state university
46	may demand or receive any payment, loan, subscription, advance,
47	deposit of money, service, or anything of value, present or
48	promised, in exchange for requiring students to purchase a
49	specific textbook for coursework or instruction.
50	(2)  An employee may receive:
51	(a)  Sample copies, instructor copies, or instructional
52	materials. These materials may not be sold.
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 Board of Governors.
60	(e)  Training in the use of course materials and learning
61	technologies.
62	(3)  Community colleges and state universities shall post
63	on their websites, as early as is feasible, but not less than 30
64	days prior to the first day of class for each term, a list of
65	each textbook required for each course offered at the
66	institution during the upcoming term. The posted list shall
67	include the International Standard Book Number (ISBN) for each
68	textbook along with other relevant information necessary to
69	identify the specific textbook or textbooks required for each
70	course. The State Board of Education and the Board of Governors
71	shall include in the policies, procedures, and guidelines
72	adopted under subsection (4) certain limited exceptions to this
73	notification requirement for classes added after the
74	notification deadline.
75	(4)  By March 1, 2008, the State Board of Education and the
76	Board of Governors each shall adopt policies, procedures, and
77	guidelines for implementation by community colleges and state
78	universities, respectively, that further efforts to minimize the
79	cost of textbooks for students attending such institutions while
80	maintaining the quality of education and academic freedom. The
81	policies, procedures, and guidelines shall provide for the
82	following:
83	(a)  That textbook adoptions are made with sufficient lead
84	time to bookstores so as to confirm availability of the
85	requested materials and, where possible, ensure maximum
86	availability of used books.
87	(b)  That, in the textbook adoption process, the intent to
88	use all items ordered, particularly each individual item sold as
89	part of a bundled package, is confirmed by the course instructor
90	or the academic department offering the course before the
91	adoption is finalized.
92	(c)  That a course instructor or the academic department
93	offering the course determines, before a textbook is adopted,
94	the extent to which a new edition differs significantly and
95	substantively from earlier versions.
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.  (1)  The Office of Program Policy Analysis and
100	Government Accountability shall conduct a study of the rising
101	costs of college textbooks and textbook purchasing practices of
102	public postsecondary educational institutions in the state. When
103	conducting the study, the Office of Program Policy Analysis and
104	Government Accountability shall:
105	(a)  Conduct a sample survey of students in community
106	colleges and state universities regarding the costs of textbooks
107	each semester.
108	(b)  Review and analyze the textbook purchasing policies of
109	community colleges and state universities to develop and
110	disseminate best practices for textbook purchasing.
111	(c)  Review policies and practices that are being
112	considered or have been implemented by institutions of higher
113	education in this state and other states to reduce the financial
114	burden of textbook costs to students and their families,
115	including, but not limited to, use of used textbooks, rental
116	textbook systems, digital textbook subscriptions, textbook
117	financing programs, faculty education, and standard procedures
118	for institutions and college bookstores.
119	(2)  A final report, including recommendations, shall be
120	submitted to the President of the Senate and the Speaker of the
121	House of Representatives by December 1, 2007.
122	Section 3.  This act shall take effect July 1, 2007.

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