CEO 75-165 -- August 6, 1975

EMPLOYEE WHO AUTHORS TEXTBOOKS

NOT A PUBLIC OFFICER

To: (Name withheld at the person's request.)

Prepared by: Bonnie Johnson

SUMMARY:

Reference is made to CEO 75-141 in which it is ruled that the authorship of textbooks by a university faculty member does not constitute "consultation" as contemplated by s. 112.312(7)(h), F. S. (1974 Supp.). Furthermore, there exists no provision in the Code of Ethics for the restitution of royalty moneys to the state from the sale of such textbooks.

QUESTION:

Am I, as a member of the ____ University faculty who received $65 in royalties on two textbooks which I authored and use in my classes, required by the Code of Ethics to turn such royalty money over to the state?

Your question is answered in the negative.

There is no provision in the Code of Ethics for the restitution of royalty moneys to the state. In a previous opinion of this commission, CEO 75-141, we addressed, in question 6, the issue of the authorship of textbooks by university faculty members. A copy of that opinion is enclosed for your information.