Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. PCS (413204) for CS for SB 1388
       
       
       
       
       
       
                                Barcode 426402                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2013           .                                
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       The Committee on Appropriations (Montford) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (1) and subsection
    6  (2) of section 1006.28, Florida Statutes, are amended to read:
    7         1006.28 Duties of district school board, district school
    8  superintendent; and school principal regarding K-12
    9  instructional materials.—
   10         (1) DISTRICT SCHOOL BOARD.—The district school board has
   11  the duty to provide adequate instructional materials for all
   12  students in accordance with the requirements of this part. The
   13  term “adequate instructional materials” means a sufficient
   14  number of student or site licenses or sets of materials that are
   15  available in bound, unbound, kit, or package form and may
   16  consist of hardbacked or softbacked textbooks, electronic
   17  content, consumables, learning laboratories, manipulatives,
   18  electronic media, and computer courseware or software that serve
   19  as the basis for instruction for each student in the core
   20  courses of mathematics, language arts, social studies, science,
   21  reading, and literature. The district school board has the
   22  following specific duties:
   23         (b) Instructional materials.—Provide for proper
   24  requisitioning, distribution, accounting, storage, care, and use
   25  of all instructional materials and furnish such other
   26  instructional materials as may be needed. The district school
   27  board shall ensure that instructional materials used in the
   28  district are consistent with the district goals and objectives
   29  and the course descriptions established in curriculum frameworks
   30  adopted by rule of the State Board of Education, as well as with
   31  the state and district performance standards provided for in s.
   32  1001.03(1).
   33         (2) DISTRICT SCHOOL SUPERINTENDENT.—
   34         (a) The district school superintendent has the duty to
   35  recommend such plans for improving, providing, distributing,
   36  accounting for, and caring for instructional materials and other
   37  instructional aids as will result in general improvement of the
   38  district school system, as prescribed in this part, in
   39  accordance with adopted district school board rules prescribing
   40  the duties and responsibilities of the district school
   41  superintendent regarding the requisition, purchase, receipt,
   42  storage, distribution, use, conservation, records, and reports
   43  of, and management practices and property accountability
   44  concerning, instructional materials, and providing for an
   45  evaluation of any instructional materials to be requisitioned
   46  that have not been used previously in the district’s schools.
   47  The district school superintendent must keep adequate records
   48  and accounts for all financial transactions for funds collected
   49  pursuant to subsection (3), as a component of the educational
   50  service delivery scope in a school district best financial
   51  management practices review under s. 1008.35.
   52         (b) Beginning in the 2013-2014 school year, each district
   53  school superintendent shall certify to the department by March
   54  31 of each year that all instructional materials for core
   55  courses used by the district are aligned with applicable state
   56  standards. A list of the state-approved or district-approved
   57  core instructional materials that will be used or purchased for
   58  use by the school district shall be included in the
   59  certification notify the department by April 1 of each year the
   60  state-adopted instructional materials that will be requisitioned
   61  for use in his or her school district. The notification shall
   62  include a district school board plan for instructional materials
   63  use to assist in determining if adequate instructional materials
   64  have been requisitioned.
   65         (c) Each principal shall verify that all instructional
   66  materials are fully and properly accounted for as prescribed by
   67  adopted rules of the district school board.
   68         Section 2. Section 1006.282, Florida Statutes, is repealed.
   69         Section 3. Section 1006.283, Florida Statutes, is created
   70  to read:
   71         1006.283 District school board instructional materials
   72  review process.—
   73         (1) A school board or consortium of school districts may
   74  implement an instructional materials program that includes the
   75  review, approval, and purchasing of instructional materials.
   76  Beginning in the 2013-2014 school year, the district school
   77  superintendent shall certify to the department by March 31 of
   78  each year that all instructional materials for core courses used
   79  by the district are aligned with applicable state standards.
   80  Included in the certification shall be a list of the core
   81  instructional materials that will be used or purchased for use
   82  by the school district.
   83         (2) The school board shall adopt rules implementing the
   84  district’s instructional materials program which must include,
   85  but need not be limited to:
   86         (a) Its review and purchase process.
   87         (b) Identification of a review cycle for instructional
   88  materials.
   89         (c) The duties and qualifications of the instructional
   90  materials reviewers.
   91         (d) The requirements for an affidavit made by a district
   92  instructional materials reviewer, which substantially includes
   93  the requirements of s. 1006.30.
   94         (e) Compliance with s. 1006.32, relating to prohibited
   95  acts.
   96         (f) A process that certifies the accuracy of instructional
   97  materials.
   98         (g) The incorporation of applicable requirements of s.
   99  1006.38, relating to the duties, responsibilities, and
  100  requirements of publishers of instructional materials.
  101         (h) The process by which instructional materials will be
  102  purchased, including advertising, bidding, and purchasing
  103  requirements.
  104         (3)(a) The school board may assess and collect fees from
  105  publishers participating in the instructional materials approval
  106  process. The amount assessed and collected must be posted on the
  107  school district’s website and reported to the department. The
  108  fees may not exceed the amount established in state board rule
  109  under s. 1006.34(2). Any fees collected for this process shall
  110  be allocated for the support of the review process and
  111  maintained in a separate line item for auditing purposes. Fees
  112  may not be collected from publishers to review instructional
  113  materials that are approved by the department and placed on the
  114  department’s website.
  115         (b) The fees shall be used to cover the actual cost of
  116  substitute teachers for each workday that a member of a school
  117  district’s instructional staff is absent from his or her
  118  assigned duties for the purpose of rendering service as an
  119  instructional materials reviewer. In addition, each reviewer may
  120  be paid a stipend and is entitled to reimbursement for travel
  121  expenses and per diem in accordance with s. 112.061 for actual
  122  service in meetings.
  123         (4) Instructional materials that have been reviewed by the
  124  district instructional materials reviewers and approved must
  125  have been determined to align with all applicable state
  126  standards pursuant to s. 1003.41 and the requirements in s.
  127  1006.31. The district school superintendent shall annually
  128  certify to the department that all instructional materials for
  129  core courses used by the district are aligned with all
  130  applicable state standards.
  131         (5) A publisher that offers instructional materials to a
  132  district school board must provide such materials at a price
  133  that, including all costs of electronic transmission, does not
  134  exceed the lowest price at which the publisher offers such
  135  instructional materials for approval or sale to any state or
  136  school district in the United States.
  137         (6)A publisher shall reduce automatically the price of the
  138  instructional materials to the district school board to the
  139  extent that reductions are made elsewhere in the United States.
  140         Section 4. Section 1006.29, Florida Statutes, is amended to
  141  read:
  142         1006.29 Department of Education State instructional
  143  materials reviewers.—
  144         (1) For purposes of this section, the term “instructional
  145  materials” means items that have intellectual content and that,
  146  by design, serve as a major tool or for assisting in the
  147  instruction of a subject or course.
  148         (2)(1)(a) The commissioner shall determine annually the
  149  areas in which instructional materials shall be submitted for
  150  approval adoption, taking into consideration the desires of the
  151  district school boards. The commissioner shall also determine
  152  the number of titles to be adopted in each area.
  153         (b) By April 15 of each school year, The department
  154  commissioner shall appoint five reviewers for each submission by
  155  a publisher or district school board three state or national
  156  experts in the content areas submitted for adoption to review
  157  for approval the instructional materials and evaluate the
  158  content for alignment with the applicable Next Generation
  159  Sunshine state standards. These reviewers shall be designated as
  160  state instructional materials reviewers and shall review The
  161  materials shall be evaluated for the level of instructional
  162  support and the accuracy and appropriateness of progression of
  163  introduced content. Instructional materials shall be made
  164  electronically available to the reviewers. The state review of
  165  the instructional materials shall be made by the five reviewers.
  166  Two of the reviewers must be professional content experts, two
  167  must be K-12 educators who are actively engaged in teaching or
  168  in the supervision of teaching in the public elementary, middle,
  169  or high schools and represent the major fields and levels in
  170  which instructional materials are used in the public schools,
  171  and one must be a lay person who is not professionally connected
  172  with education. In the event only four reviewers can be
  173  procured, or if one of the five reviewers is unable to fulfill
  174  his or her responsibilities, the additional reviewer may be a
  175  content expert from the department. As part of the review
  176  process, each reviewer shall be provided training on the
  177  electronic review system. The reviewers shall independently make
  178  recommendations to the commissioner regarding materials that
  179  should be placed on the list of approved materials through an
  180  electronic feedback review system.
  181         (c)The department may assess and collect fees in
  182  accordance with s. 1006.34(2). The amount assessed and collected
  183  shall be posted on the department’s website and must be reported
  184  to the State Board of Education. Any fees collected for this
  185  process shall be allocated for the support of the review
  186  process, maintained in a separate account for auditing purposes,
  187  and deposited in the department’s Operating Trust Fund.
  188         (d) Fees collected under paragraph (c) shall be used to
  189  cover the cost of the review process, including the cost of any
  190  meetings and applicable travel and per diem, and the amount paid
  191  by a school district to substitute teachers who fill in for
  192  instructional staff that is absent for the purpose of rendering
  193  service as an instructional materials reviewer. In addition,
  194  each reviewer may be paid a stipend and is entitled to
  195  reimbursement for travel expenses and per diem in accordance
  196  with s. 112.061 for actual service in meetings The initial
  197  review of the materials shall be made by only two of the three
  198  reviewers. If the two reviewers reach different results, the
  199  third reviewer shall break the tie. The reviewers shall
  200  independently make recommendations to the commissioner regarding
  201  materials that should be placed on the list of adopted materials
  202  through an electronic feedback review system.
  203         (e)(c) The commissioner shall request each district school
  204  superintendent to nominate one classroom teacher or district
  205  level content supervisor to review two or three of the
  206  submissions recommended by the department state instructional
  207  materials reviewers. School districts shall ensure that these
  208  district reviewers are provided with the support and time
  209  necessary to accomplish a thorough review of the instructional
  210  materials. District reviewers shall independently rate the
  211  recommended submissions on the instructional usability of the
  212  resources. District reviewers may be paid a stipend and are
  213  entitled to reimbursement for travel expenses and per diem in
  214  accordance with s. 112.061 for actual service in meetings, if
  215  applicable.
  216         (3)(2) For purposes of approving materials state adoption,
  217  the term “instructional materials” means items having
  218  intellectual content that by design serve as a major tool or for
  219  assisting in the instruction of a subject or course. These items
  220  may be available in bound, unbound, kit, or package form and may
  221  consist of hardbacked or softbacked textbooks, electronic
  222  content, consumables, learning laboratories, manipulatives,
  223  electronic media, and computer courseware or software. A
  224  publisher or manufacturer providing instructional materials as a
  225  single bundle shall also make the instructional materials
  226  available as separate and unbundled items, each priced
  227  individually. A publisher shall may also offer sections of
  228  state-adopted instructional materials in digital or electronic
  229  versions at reduced rates to districts, schools, and teachers.
  230         (4)(3) Beginning in the 2015-2016 academic year, all
  231  approved adopted instructional materials for students in
  232  kindergarten through grade 12 must be provided in an electronic
  233  or digital format. For purposes of this section, the term:
  234         (a) “Electronic format” means text-based or image-based
  235  content in a form that is produced on, published by, and
  236  readable on computers or other digital devices and is an
  237  electronic version of a printed book, whether or not any printed
  238  equivalent exists.
  239         (b) “Digital format” means text-based or image-based
  240  content in a form that provides the student with various
  241  interactive functions; that can be searched, tagged,
  242  distributed, and used for individualized and group learning;
  243  that includes multimedia content such as video clips,
  244  animations, and virtual reality; and that has the ability to be
  245  accessed at any time and anywhere.
  246  
  247  The terms do not include electronic or computer hardware even if
  248  such hardware is bundled with software or other electronic
  249  media, nor does it include equipment or supplies.
  250         (5)(4) The department shall develop a training program for
  251  persons selected to review submitted as state instructional
  252  materials reviewers and school district reviewers. The program
  253  shall be structured to assist reviewers in developing the skills
  254  necessary to make valid, culturally sensitive, and objective
  255  decisions regarding the content and rigor of instructional
  256  materials. All persons reviewing serving as instructional
  257  materials reviewers must complete the training program prior to
  258  beginning the review and selection process.
  259         (6) By March 1 of each year, the department shall post on
  260  its website a list of department-approved instructional
  261  materials and instructional materials approved by other states
  262  which align with applicable state standards. The list shall be
  263  maintained and updated periodically. The list shall be
  264  comprehensive and include sufficient instructional materials or
  265  major tools to cover all of the core content areas. The posting
  266  must include the purchase price of each product once it is
  267  purchased anywhere in the United States. In addition to the
  268  posting, the department shall send school district
  269  administrators periodic updates to the website. District
  270  approved instructional materials shall also be posted on the
  271  website.
  272         Section 5. Section 1006.30, Florida Statutes, is amended to
  273  read:
  274         1006.30 Affidavit of the Department of Education state
  275  instructional materials reviewers.—Before transacting any
  276  business, each department state instructional materials reviewer
  277  shall make an affidavit, to be filed with the department, that:
  278         (1) The reviewer will faithfully discharge the duties
  279  imposed upon him or her.
  280         (2) The reviewer has no interest in any publishing or
  281  manufacturing organization that produces or sells instructional
  282  materials.
  283         (3) The reviewer is in no way connected with the
  284  distribution of the instructional materials.
  285         (4) The reviewer does not have any direct or indirect
  286  pecuniary interest in the business or profits of any person
  287  engaged in manufacturing, publishing, or selling instructional
  288  materials designed for use in the public schools.
  289         (5) The reviewer will not accept any emolument or promise
  290  of future reward of any kind from any publisher or manufacturer
  291  of instructional materials or his or her agent or anyone
  292  interested in, or intending to bias his or her judgment in any
  293  way in, the selection of any materials to be approved adopted.
  294         (6) The reviewer understands that it is unlawful to discuss
  295  matters relating to instructional materials submitted for
  296  approval adoption with any agent of a publisher or manufacturer
  297  of instructional materials, either directly or indirectly,
  298  except during the period when the publisher or manufacturer is
  299  providing a presentation for the reviewer during his or her
  300  review of the instructional materials submitted for approval
  301  adoption.
  302         Section 6. Section 1006.31, Florida Statutes, is amended to
  303  read:
  304         1006.31 Duties of the Department of Education and school
  305  district each state instructional materials reviewer.—The duties
  306  of the each state instructional materials reviewer are:
  307         (1) PROCEDURES.—To adhere to procedures prescribed by the
  308  department or the district for evaluating instructional
  309  materials submitted by publishers and manufacturers in each
  310  review for approval adoption.
  311         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To evaluate
  312  carefully all instructional materials submitted, in order to
  313  ascertain which instructional materials, if any, submitted for
  314  consideration implement the selection criteria developed by the
  315  department or the district and those curricular objectives
  316  included within applicable performance standards provided for in
  317  s. 1001.03(1).
  318         (a) When evaluating recommending instructional materials
  319  for use in the schools, each reviewer shall include only
  320  instructional materials that accurately portray the ethnic,
  321  socioeconomic, cultural, and racial diversity of our society,
  322  including men and women in professional, career, and executive
  323  roles, and the role and contributions of the entrepreneur and
  324  labor in the total development of this state and the United
  325  States.
  326         (b) When evaluating recommending instructional materials
  327  for use in the schools, each reviewer shall include only
  328  materials that accurately portray, whenever appropriate,
  329  humankind’s place in ecological systems, including the necessity
  330  for the protection of our environment and conservation of our
  331  natural resources and the effects on the human system of the use
  332  of tobacco, alcohol, controlled substances, and other dangerous
  333  substances.
  334         (c) When evaluating recommending instructional materials
  335  for use in the schools, each reviewer shall require such
  336  materials as he or she deems necessary and proper to encourage
  337  thrift, fire prevention, and humane treatment of people and
  338  animals.
  339         (d) When evaluating recommending instructional materials
  340  for use in the schools, each reviewer shall require, when
  341  appropriate to the comprehension of students, that materials for
  342  social science, history, or civics classes contain the
  343  Declaration of Independence and the Constitution of the United
  344  States. A reviewer may not recommend any instructional materials
  345  for use in the schools which contain any matter reflecting
  346  unfairly upon persons because of their race, color, creed,
  347  national origin, ancestry, gender, or occupation.
  348         (e) When evaluating instructional materials, library media,
  349  and other reading material for use in the schools, a reviewer
  350  shall use the following standards to determine the propriety of
  351  the material:
  352         1. The age of students who normally could be expected to
  353  have access to the material.
  354         2. The educational purpose to be served by the material. In
  355  considering instructional materials for classroom use, priority
  356  shall be given to the selection of materials that encompass the
  357  state and district school board performance standards provided
  358  for in s. 1001.03(1) and include the instructional objectives
  359  contained within the course descriptions established in rule by
  360  the State Board of Education.
  361         3. The degree to which the material would be supplemented
  362  and explained by mature classroom instruction as part of a
  363  normal classroom instructional program.
  364         4. The degree to which the material represents the broad
  365  racial, ethnic, socioeconomic, and cultural diversity of
  366  students in the state.
  367  
  368  Any instructional material containing pornography or otherwise
  369  prohibited by s. 847.012 may not be used or made available
  370  within any public school.
  371         (f)(e)Any Instructional material recommended by a each
  372  reviewer for use in the schools shall be, to the satisfaction of
  373  the each reviewer, accurate, objective, and current and suited
  374  to the needs and comprehension of students at their respective
  375  grade levels. Reviewers shall consider for adoption materials
  376  developed for academically talented students such as those
  377  enrolled in advanced placement courses.
  378         (3) REPORT OF REVIEWERS.—After a thorough study of all data
  379  submitted on each instructional material, to submit an
  380  electronic report to the department. The report shall be made
  381  public and must include responses to each section of the report
  382  format prescribed by the department.
  383         Section 7. Section 1006.32, Florida Statutes, is amended to
  384  read:
  385         1006.32 Prohibited acts.—
  386         (1) A publisher or manufacturer of instructional material,
  387  or any representative thereof, may not offer to give any
  388  emolument, money, or other valuable thing, or any inducement, to
  389  any district school board official or department or district
  390  state instructional materials reviewer to directly or indirectly
  391  introduce, recommend, vote for, or otherwise influence the
  392  approval adoption or purchase of any instructional materials.
  393         (2) A district school board official or a department or
  394  district state instructional materials reviewer may not solicit
  395  or accept any emolument, money, or other valuable thing, or any
  396  inducement, to directly or indirectly introduce, recommend, vote
  397  for, or otherwise influence the approval adoption or purchase of
  398  any instructional material.
  399         (3) A district school board or publisher may not
  400  participate in a pilot program of materials being considered for
  401  adoption during the 18-month period before the official adoption
  402  of the materials by the commissioner. Any pilot program during
  403  the first 2 years of the adoption period must have the prior
  404  approval of the commissioner.
  405         (3)(4)A Any publisher or manufacturer of instructional
  406  materials or representative thereof or a any district school
  407  board official or department or district state instructional
  408  materials reviewer who violates any provision of this section
  409  commits a misdemeanor of the second degree, punishable as
  410  provided in s. 775.082 or s. 775.083. A Any representative of a
  411  publisher or manufacturer who violates any provision of this
  412  section, in addition to any other penalty, shall be banned from
  413  practicing business in the state for a period of 1 calendar
  414  year.
  415         (4)(5) This section does not prohibit any publisher,
  416  manufacturer, or agent from supplying, for purposes of
  417  examination, necessary sample copies of instructional materials
  418  to any district school board official or department or district
  419  state instructional materials reviewer.
  420         (5)(6) This section does not prohibit a district school
  421  board official or department or district state instructional
  422  materials reviewer from receiving sample copies of instructional
  423  materials.
  424         (6)(7) This section does not prohibit or restrict a
  425  district school board official from receiving royalties or other
  426  compensation, other than compensation paid to him or her as
  427  commission for negotiating sales to district school boards, from
  428  the publisher or manufacturer of instructional materials
  429  written, designed, or prepared by such district school board
  430  official, and adopted by the commissioner or purchased by any
  431  district school board. A No district school board official may
  432  not shall be allowed to receive royalties on any materials not
  433  on the state-adopted list purchased for use by his or her
  434  district school board.
  435         (7)(8) A district school superintendent, district school
  436  board member, teacher, or other person officially connected with
  437  the government or direction of public schools may not receive
  438  during the months actually engaged in performing duties under
  439  his or her contract any private fee, gratuity, donation, or
  440  compensation, in any manner whatsoever, for promoting the sale
  441  or exchange of any instructional material, map, or chart in any
  442  public school, or be an agent for the sale or the publisher of
  443  any instructional material or reference work, or have a direct
  444  or indirect pecuniary interest in the introduction of any such
  445  instructional material, and any such agency or interest shall
  446  disqualify any person so acting or interested from holding any
  447  district school board employment whatsoever, and the person
  448  commits a misdemeanor of the second degree, punishable as
  449  provided in s. 775.082 or s. 775.083; however, this subsection
  450  does not prevent the approval adoption of any instructional
  451  material written in whole or in part by a Florida author.
  452         Section 8. Section 1006.33, Florida Statutes, is repealed.
  453         Section 9. Section 1006.34, Florida Statutes, is amended to
  454  read:
  455         1006.34 Powers and duties of the State Board of Education
  456  commissioner and the department in evaluating selecting and
  457  adopting instructional materials.—
  458         (1) PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.—The
  459  State Board of Education shall adopt rules prescribing the
  460  procedures by which the department shall evaluate instructional
  461  materials submitted by publishers and manufacturers in each
  462  review for approval adoption. Included in these procedures shall
  463  be provisions affording each publisher or manufacturer or his or
  464  her representative an opportunity to provide a live virtual or
  465  in-person presentation to the department state instructional
  466  materials reviewers on the merits of each instructional material
  467  submitted in each review for approval adoption.
  468         (2) FEES.—The State Board of Education shall adopt by rule
  469  a fee schedule specifying the amount of fees that the department
  470  may charge publishers who submit instructional materials for
  471  review. Fees may not exceed the actual costs for the review,
  472  taking into consideration the cost of reviewers, the content
  473  area and complexity of the instructional materials to be
  474  reviewed, and other relevant factors. The fee schedule must
  475  specify the amount that may be collected by the department for
  476  each submission.
  477         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
  478         (a) The department shall notify all publishers and
  479  manufacturers of instructional materials who have submitted bids
  480  that within 3 weeks after the deadline for receiving bids, at a
  481  designated time and place, it will open the bids submitted and
  482  deposited with it. At the time and place designated, the bids
  483  shall be opened, read, and tabulated in the presence of the
  484  bidders or their representatives. No one may revise his or her
  485  bid after the bids have been filed. When all bids have been
  486  carefully considered, the commissioner shall, from the list of
  487  suitable, usable, and desirable instructional materials reported
  488  by the state instructional materials reviewers, select and adopt
  489  instructional materials for each grade and subject field in the
  490  curriculum of public elementary, middle, and high schools in
  491  which adoptions are made and in the subject areas designated in
  492  the advertisement. The adoption shall continue for the period
  493  specified in the advertisement, beginning on the ensuing April
  494  1. The adoption shall not prevent the extension of a contract as
  495  provided in subsection (3). The commissioner shall always
  496  reserve the right to reject any and all bids. The commissioner
  497  may ask for new sealed bids from publishers or manufacturers
  498  whose instructional materials were recommended by the state
  499  instructional materials reviewers as suitable, usable, and
  500  desirable; specify the dates for filing such bids and the date
  501  on which they shall be opened; and proceed in all matters
  502  regarding the opening of bids and the awarding of contracts as
  503  required by this part. In all cases, bids shall be accompanied
  504  by a cash deposit or certified check of from $500 to $2,500, as
  505  the department may direct. The department, in adopting
  506  instructional materials, shall give due consideration both to
  507  the prices bid for furnishing instructional materials and to the
  508  report and recommendations of the state instructional materials
  509  reviewers. When the commissioner has finished with the report of
  510  the state instructional materials reviewers, the report shall be
  511  filed and preserved with the department and shall be available
  512  at all times for public inspection.
  513         (b) In the selection of instructional materials, library
  514  media, and other reading material used in the public school
  515  system, the standards used to determine the propriety of the
  516  material shall include:
  517         1. The age of the students who normally could be expected
  518  to have access to the material.
  519         2. The educational purpose to be served by the material. In
  520  considering instructional materials for classroom use, priority
  521  shall be given to the selection of materials which encompass the
  522  state and district school board performance standards provided
  523  for in s. 1001.03(1) and which include the instructional
  524  objectives contained within the curriculum frameworks approved
  525  by rule of the State Board of Education.
  526         3. The degree to which the material would be supplemented
  527  and explained by mature classroom instruction as part of a
  528  normal classroom instructional program.
  529         4. The consideration of the broad racial, ethnic,
  530  socioeconomic, and cultural diversity of the students of this
  531  state.
  532  
  533  Any instructional material containing pornography or otherwise
  534  prohibited by s. 847.012 may not be used or made available
  535  within any public school.
  536         (3) CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.—As
  537  soon as practicable after the commissioner has adopted any
  538  instructional materials and all bidders that have secured the
  539  adoption of any instructional materials have been notified
  540  thereof by registered letter, the department shall prepare a
  541  contract in proper form with every bidder awarded the adoption
  542  of any instructional materials. Each contract shall be executed
  543  by the commissioner, one copy to be kept by the contractor and
  544  one copy to be filed with the department. After giving due
  545  consideration to comments by the district school boards, the
  546  commissioner, with the agreement of the publisher, may extend or
  547  shorten a contract period for a period not to exceed 2 years;
  548  and the terms of any such contract shall remain the same as in
  549  the original contract. Any publisher or manufacturer to whom any
  550  contract is let under this part must give bond in such amount as
  551  the department requires, payable to the state, conditioned for
  552  the faithful, honest, and exact performance of the contract. The
  553  bond must provide for the payment of reasonable attorney’s fees
  554  in case of recovery in any suit thereon. The surety on the bond
  555  must be a guaranty or surety company lawfully authorized to do
  556  business in the state; however, the bond shall not be exhausted
  557  by a single recovery but may be sued upon from time to time
  558  until the full amount thereof is recovered, and the department
  559  may at any time, after giving 30 days’ notice, require
  560  additional security or additional bond. The form of any bond or
  561  bonds or contract or contracts under this part shall be prepared
  562  and approved by the department. At the discretion of the
  563  department, a publisher or manufacturer to whom any contract is
  564  let under this part may be allowed a cash deposit in lieu of a
  565  bond, conditioned for the faithful, honest, and exact
  566  performance of the contract. The cash deposit, payable to the
  567  department, shall be placed in the Textbook Bid Trust Fund. The
  568  department may recover damages on the cash deposit given by the
  569  contractor for failure to furnish instructional materials, the
  570  sum recovered to inure to the General Revenue Fund.
  571         (4) REGULATIONS GOVERNING THE CONTRACT.—The department may,
  572  from time to time, take any necessary actions, consistent with
  573  this part, to secure the prompt and faithful performance of all
  574  instructional materials contracts; and if any contractor fails
  575  or refuses to furnish instructional materials as provided in
  576  this part or otherwise breaks his or her contract, the
  577  department may sue on the required bond in the name of the
  578  state, in the courts of the state having jurisdiction, and
  579  recover damages on the bond given by the contractor for failure
  580  to furnish instructional materials, the sum recovered to inure
  581  to the General Revenue Fund.
  582         (5) RETURN OF DEPOSITS.—
  583         (a) The successful bidder shall be notified by registered
  584  mail of the award of contract and shall, within 30 days after
  585  receipt of the contract, execute the proper contract and post
  586  the required bond. When the bond and contract have been
  587  executed, the department shall notify the Chief Financial
  588  Officer and request that a warrant be issued against the
  589  Textbook Bid Trust Fund payable to the successful bidder in the
  590  amount deposited pursuant to this part. The Chief Financial
  591  Officer shall issue and forward the warrant to the department
  592  for distribution to the bidder.
  593         (b) At the same time or prior thereto, the department shall
  594  inform the Chief Financial Officer of the names of the
  595  unsuccessful bidders. Upon receipt of such notice, the Chief
  596  Financial Officer shall issue warrants against the Textbook Bid
  597  Trust Fund payable to the unsuccessful bidders in the amounts
  598  deposited pursuant to this part and shall forward the warrants
  599  to the department for distribution to the unsuccessful bidders.
  600         (c) One copy of each contract and an original of each bid,
  601  whether accepted or rejected, shall be preserved with the
  602  department for at least 3 years after the termination of the
  603  contract.
  604         (6) DEPOSITS FORFEITED.—If any successful bidder fails or
  605  refuses to execute contract and bond within 30 days after
  606  receipt of the contract, the cash deposit shall be forfeited to
  607  the state and placed by the Chief Financial Officer in the
  608  General Revenue Fund.
  609         (7) FORFEITURE OF CONTRACT AND BOND.—If any publisher or
  610  manufacturer of instructional materials fails or refuses to
  611  furnish instructional materials as provided in the contract, the
  612  publisher’s or manufacturer’s bond is forfeited and the
  613  commissioner must make another contract.
  614         Section 10. Section 1006.35, Florida Statutes, is amended
  615  to read:
  616         1006.35 Accuracy of instructional materials.—
  617         (1) In addition to relying on statements of publishers or
  618  manufacturers of instructional materials, the commissioner may
  619  conduct or cause to be conducted an independent investigation to
  620  determine the accuracy of approved state-adopted instructional
  621  materials.
  622         (2) When errors in approved state-adopted materials are
  623  confirmed, the publisher or manufacturer of the materials shall
  624  provide to each district school board that has purchased the
  625  materials the corrections in a format approved by the
  626  department.
  627         (3) The commissioner may remove materials from the list of
  628  approved state-adopted materials:
  629         (a) If he or she finds that the content is in error and the
  630  publisher or manufacturer refuses to correct the error when
  631  notified by the department.
  632         (b)(4)The commissioner may remove materials from the list
  633  of state-adopted materials At the request of the publisher or
  634  manufacturer if, in the commissioner’s his or her opinion, there
  635  is no material impact on the state’s education goals.
  636         (c) If the materials do not align with all applicable state
  637  standards.
  638         (4)If the commissioner removes materials from the list of
  639  approved materials, the district may not purchase them for use
  640  in core content areas.
  641         Section 11. Section 1006.36, Florida Statutes, is amended
  642  to read:
  643         1006.36 State review cycle Term of adoption for
  644  instructional materials.—
  645         (1) The state review cycle term of adoption of any
  646  instructional materials shall must be a 5-year period beginning
  647  on April 1 following the adoption, except that the commissioner
  648  may approve alternative schedules terms of adoption of less than
  649  5 years for materials in content areas which require more
  650  frequent revision. Any contract for instructional materials may
  651  be extended as prescribed in s. 1006.34(3).
  652         (2) The department shall publish annually an official
  653  schedule of subject areas to be called for review adoption for
  654  each of the succeeding 2 years, and a tentative schedule for
  655  years 3, 4, and 5. If extenuating circumstances warrant, the
  656  commissioner may add one or more subject areas to the official
  657  schedule, in which event the commissioner shall develop criteria
  658  for such additional subject area or areas and make them
  659  available to publishers or manufacturers as soon as practicable
  660  before the date on which submission for review is bids are due.
  661  The schedule shall be developed so as to promote balance among
  662  the subject areas so that the required expenditure for new
  663  instructional materials is approximately the same each year in
  664  order to maintain curricular consistency.
  665         Section 12. Section 1006.37, Florida Statutes, is amended
  666  to read:
  667         1006.37 Requisition of instructional materials from
  668  publisher’s depository.—
  669         (1) The district school superintendent may shall
  670  requisition approved adopted instructional materials from the
  671  depository of the publisher with whom a contract has been made.
  672  However, the superintendent shall requisition current
  673  instructional materials to provide each student with a textbook
  674  or other materials as a major tool of instruction in core
  675  courses of the subject areas specified in s. 1006.40(2). These
  676  materials must be requisitioned within the first 2 years of the
  677  adoption cycle, except for instructional materials related to
  678  growth of student membership or instructional materials
  679  maintenance needs. The superintendent may requisition
  680  instructional materials in the core subject areas specified in
  681  s. 1006.40(2) that are related to growth of student membership
  682  or instructional materials maintenance needs during the 3rd,
  683  4th, 5th, and 6th years of the original contract period.
  684         (2) The district school superintendent shall verify that
  685  the requisition is complete and accurate and order the
  686  depository to forward to him or her the adopted instructional
  687  materials shown by the requisition. The depository shall prepare
  688  an invoice of the materials shipped, including shipping charges,
  689  and mail it to the superintendent to whom the shipment is being
  690  made. The superintendent shall pay the depository within 60 days
  691  after receipt of the requisitioned materials from the
  692  appropriation for the purchase of adopted instructional
  693  materials.
  694         Section 13. Section 1006.38, Florida Statutes, is amended
  695  to read:
  696         1006.38 Duties, responsibilities, and requirements of
  697  instructional materials publishers and manufacturers.—This
  698  section applies to both the state and district approval
  699  processes. Publishers and manufacturers of instructional
  700  materials, or their representatives, shall:
  701         (1) Comply with all provisions of this part.
  702         (2) Electronically deliver fully developed sample copies of
  703  all instructional materials upon which reviews bids are based to
  704  the department pursuant to procedures adopted by the State Board
  705  of Education.
  706         (3) Submit, at a time designated in s. 1006.33, the
  707  following information:
  708         (a) Detailed specifications of the physical characteristics
  709  of the instructional materials, including any software or
  710  technological tools required for use by the district, school,
  711  teachers, or students. The publisher or manufacturer shall
  712  comply with these specifications if the instructional materials
  713  are approved adopted and purchased in completed form.
  714         (b) Evidence that the publisher or manufacturer has
  715  provided materials that address the performance standards
  716  provided for in s. 1001.03(1) and that can be accessed through
  717  the district’s local instructional improvement system and a
  718  variety of electronic, digital, and mobile devices.
  719         (c) Evidence that the instructional materials include
  720  specific references to statewide standards in the teacher’s
  721  manual and incorporate such standards into chapter tests or the
  722  assessments. Beginning in the 2013-2014 adoption year, the
  723  statewide standards shall not be included at the point of
  724  student use.
  725         (4) Make available for purchase by any district school
  726  board any diagnostic, criterion-referenced, or other tests that
  727  they may develop.
  728         (5) Furnish the instructional materials offered by them at
  729  a price in the state which, including all costs of electronic
  730  transmission, may not exceed the lowest price at which they
  731  offer such instructional materials for approval adoption or sale
  732  to any state or school district in the United States.
  733         (6) Reduce automatically the price of the instructional
  734  materials to any district school board to the extent that
  735  reductions are made elsewhere in the United States.
  736         (7) Provide any instructional materials free of charge in
  737  the state to the same extent as they are provided free of charge
  738  to any state or school district in the United States.
  739         (8) Guarantee that all copies of any instructional
  740  materials sold in this state will be at least equal in quality
  741  to the copies of such instructional materials that are sold
  742  elsewhere in the United States and will be kept revised, free
  743  from all errors, and up-to-date as may be required by the
  744  department.
  745         (9) Agree that any supplementary material developed at the
  746  district or state level does not violate the author’s or
  747  publisher’s copyright, provided such material is developed in
  748  accordance with the doctrine of fair use.
  749         (10) Not in any way, directly or indirectly, become
  750  associated or connected with any combination in restraint of
  751  trade in instructional materials, nor enter into any
  752  understanding, agreement, or combination to control prices or
  753  restrict competition in the sale of instructional materials for
  754  use in the state.
  755         (11) Furnish the instructional materials offered by them at
  756  a price in the state which, including all costs of electronic
  757  transmission, may not exceed the lowest price at which they
  758  offer such instructional materials for approval or sale to any
  759  other school district in the state.
  760         (12) Provide the department and school districts the cost
  761  paid for an instructional materials product by a school or
  762  district anywhere in the United States. The cost paid for that
  763  product must remain the same for all future sales and must be
  764  posted on all marketing materials.
  765         (11) Maintain or contract with a depository in the state.
  766         (12) For the core subject areas specified in s. 1006.40(2),
  767  maintain in the depository for the first 2 years of the contract
  768  an inventory of instructional materials sufficient to receive
  769  and fill orders.
  770         (13) For the core subject areas specified in s. 1006.40(2),
  771  ensure the availability of an inventory sufficient to receive
  772  and fill orders for instructional materials for growth,
  773  including the opening of a new school, and replacement during
  774  the 3rd and subsequent years of the original contract period.
  775         (14) Accurately and fully disclose only the names of those
  776  persons who actually authored the instructional materials. In
  777  addition to the penalties provided in subsection (16), the
  778  commissioner may remove from the list of state-approved state
  779  adopted instructional materials those instructional materials
  780  whose publisher or manufacturer misleads the purchaser by
  781  falsely representing genuine authorship.
  782         (15) Grant, without prior written request, for any
  783  copyright held by the publisher or its agencies automatic
  784  permission to the department or its agencies for the
  785  reproduction of instructional materials and supplementary
  786  materials in Braille, large print, or other appropriate format
  787  for use by visually impaired students or other students with
  788  disabilities that would benefit from use of the materials.
  789         (16) Upon the willful failure of the publisher or
  790  manufacturer to comply with the requirements of this section, be
  791  liable to the department in the amount of three times the total
  792  sum which the publisher or manufacturer was paid in excess of
  793  the price required under subsections (5) and (6) and in the
  794  amount of three times the total value of the instructional
  795  materials and services which the district school board is
  796  entitled to receive free of charge under subsection (7).
  797         Section 14. Subsections (2), (3), and (4) of section
  798  1006.40, Florida Statutes, are amended to read:
  799         1006.40 Use of instructional materials allocation;
  800  instructional materials, library books, and reference books;
  801  repair of books.—
  802         (2) Each district school board must provide purchase
  803  current instructional materials to provide each student with a
  804  major tool or assistance of instruction in core courses of the
  805  subject areas of mathematics, language arts, science, social
  806  studies, reading, and literature for kindergarten through grade
  807  12. Such purchase must be made within the first 2 years after
  808  the effective date of the adoption cycle. For the 2012-2013
  809  mathematics adoption, a district using a comprehensive
  810  mathematics instructional materials program adopted in the 2009
  811  2010 adoption shall be deemed in compliance with this subsection
  812  if it provides each student with such additional state-adopted
  813  materials as may be necessary to align the previously adopted
  814  comprehensive program to common core standards and the other
  815  criteria of the 2012-2013 mathematics adoption.
  816         (3)(a) By the 2015-2016 fiscal year, each district school
  817  board shall use at least 50 percent of the annual allocation for
  818  the purchase of digital or electronic instructional materials
  819  that align with state standards included on the state-adopted
  820  list, except as otherwise authorized in paragraphs (b) and (c).
  821         (b) Up to 50 percent of the annual allocation may be used
  822  for the purchase of instructional materials, including library
  823  and reference books and nonprint materials, not included on the
  824  state-adopted list and for the repair and renovation of
  825  textbooks and library books.
  826         (c) District school boards may use 100 percent of that
  827  portion of the annual allocation designated for the purchase of
  828  instructional materials for kindergarten, and 75 percent of that
  829  portion of the annual allocation designated for the purchase of
  830  instructional materials for first grade, to purchase materials
  831  not on the state-adopted list.
  832         (4) Remaining funds may The funds described in subsection
  833  (3) which district school boards may use to purchase materials
  834  not on the state-adopted list shall be used for the purchase of
  835  instructional materials or other items, including library and
  836  reference books and nonprint materials, having intellectual
  837  content which assist in the instruction of a subject or course.
  838  These items may be available in bound, unbound, kit, or package
  839  form and may consist of hardbacked or softbacked textbooks,
  840  electronic content, replacements for items which were part of
  841  previously purchased instructional materials, consumables,
  842  learning laboratories, manipulatives, electronic media, computer
  843  courseware or software, and other commonly accepted
  844  instructional tools as prescribed by district school board rule.
  845         Section 15. Paragraphs (o), (p), and (q) of subsection (6)
  846  of section 1001.10, Florida Statutes, are amended, and paragraph
  847  (r) is added to that subsection, to read:
  848         1001.10 Commissioner of Education; general powers and
  849  duties.—
  850         (6) Additionally, the commissioner has the following
  851  general powers and duties:
  852         (o) To develop criteria for use by department state
  853  instructional materials reviewers in evaluating materials
  854  submitted for approval adoption consideration. The criteria
  855  shall, as appropriate, be based on instructional expectations
  856  reflected in course descriptions curriculum frameworks and
  857  student performance standards. The criteria for each subject or
  858  course shall be made available to publishers and manufacturers
  859  of instructional materials pursuant to the requirements of
  860  chapter 1006.
  861         (p) To prescribe procedures for evaluating instructional
  862  materials submitted by publishers and manufacturers in each
  863  review for approval adoption.
  864         (q) To remove any instructional materials from the list of
  865  materials approved by the department or a school district enter
  866  into agreement with Space Florida to develop innovative
  867  aerospace-related education programs that promote mathematics
  868  and science education for grades K-20.
  869         (r) To submit to the Governor, the President of the Senate,
  870  the Speaker of the House of Representatives, and the State Board
  871  of Education an annual report regarding district and state
  872  instructional materials reviews, the impact on the quality and
  873  availability of instructional materials, and the cost
  874  effectiveness of the state and district review processes. The
  875  report shall be submitted on January 1 following the first
  876  fiscal year of implementation of the program and each year
  877  thereafter.
  878         Section 16. Subsection (5) of section 1003.55, Florida
  879  Statutes, is amended to read:
  880         1003.55 Instructional programs for blind or visually
  881  impaired students and deaf or hard-of-hearing students.—
  882         (5) Any publisher or manufacturer of instructional
  883  materials that have been approved by the department or a school
  884  district a textbook adopted pursuant to the state instructional
  885  materials adoption process shall furnish the department of
  886  Education with a computer file in an electronic format specified
  887  by the department at least 2 years in advance that is readily
  888  translatable to Braille and can be used for large print or
  889  speech access. Any instructional materials textbook reproduced
  890  pursuant to the provisions of this subsection shall be purchased
  891  at a price equal to the price paid for the instructional
  892  materials textbook as approved adopted. The department of
  893  Education shall not reproduce instructional materials textbooks
  894  obtained pursuant to this subsection in any manner that would
  895  generate revenues for the department from the use of such
  896  computer files or that would preclude the rightful payment of
  897  fees to the publisher or manufacturer for use of all or some
  898  portion of the instructional materials textbook.
  899         Section 17. Paragraph (j) of subsection (2) of section
  900  1003.621, Florida Statutes, is amended to read:
  901         1003.621 Academically high-performing school districts.—It
  902  is the intent of the Legislature to recognize and reward school
  903  districts that demonstrate the ability to consistently maintain
  904  or improve their high-performing status. The purpose of this
  905  section is to provide high-performing school districts with
  906  flexibility in meeting the specific requirements in statute and
  907  rules of the State Board of Education.
  908         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  909  high-performing school district shall comply with all of the
  910  provisions in chapters 1000-1013, and rules of the State Board
  911  of Education which implement these provisions, pertaining to the
  912  following:
  913         (j) Those statutes relating to instructional materials,
  914  except that s. 1006.40 s. 1006.37, relating to the requisition
  915  of state-adopted materials from the depository under contract
  916  with the publisher, and s. 1006.40(3)(a), relating to the use of
  917  50 percent of the instructional materials allocation, is shall
  918  be eligible for exemption.
  919         Section 18. Paragraph (b) of subsection (6) of section
  920  1011.62, Florida Statutes, is amended to read:
  921         1011.62 Funds for operation of schools.—If the annual
  922  allocation from the Florida Education Finance Program to each
  923  district for operation of schools is not determined in the
  924  annual appropriations act or the substantive bill implementing
  925  the annual appropriations act, it shall be determined as
  926  follows:
  927         (6) CATEGORICAL FUNDS.—
  928         (b) If a district school board finds and declares in a
  929  resolution approved adopted at a regular meeting of the school
  930  board that the funds received for any of the following
  931  categorical appropriations are urgently needed to maintain
  932  school board specified academic classroom instruction specified
  933  by the school board, the school board may consider and approve
  934  an amendment to the school district operating budget
  935  transferring the identified amount of the categorical funds to
  936  the appropriate account for expenditure:
  937         1. Funds for student transportation.
  938         2. Funds for safe schools.
  939         3. Funds for supplemental academic instruction if the
  940  required additional hour of instruction beyond the normal school
  941  day for each day of the entire school year has been provided for
  942  the students in each low-performing elementary school in the
  943  district pursuant to paragraph (1)(f).
  944         4. Funds for research-based reading instruction if the
  945  required additional hour of instruction beyond the normal school
  946  day for each day of the entire school year has been provided for
  947  the students in each low-performing elementary school in the
  948  district pursuant to paragraph (9)(a).
  949         5. Funds for instructional materials if all instructional
  950  material purchases necessary to provide updated materials that
  951  are aligned with applicable to Next Generation Sunshine state
  952  standards and course descriptions benchmarks and that meet
  953  statutory requirements of content and learning have been
  954  completed for that fiscal year, but no sooner than March 1.
  955  Funds available after March 1 may be used to purchase hardware
  956  for student instruction.
  957         Section 19. This act shall take effect July 1, 2013.
  958  
  959  ================= T I T L E  A M E N D M E N T ================
  960         And the title is amended as follows:
  961         Delete everything before the enacting clause
  962  and insert:
  963                        A bill to be entitled                      
  964         An act relating to instructional materials for K-12
  965         public education; amending s. 1006.28, F.S.; revising
  966         the duties of a district school board and the district
  967         superintendent with regard to instructional materials;
  968         repealing s. 1006.282, F.S., relating to the pilot
  969         program for the transition to electronic and digital
  970         instructional materials; creating s. 1006.283, F.S.;
  971         authorizing a district school board or a consortium of
  972         school districts to implement an instructional
  973         materials program; requiring the district
  974         superintendent to certify to the Department of
  975         Education that instructional materials for core
  976         courses align with applicable state standards;
  977         requiring the district school board to adopt rules;
  978         authorizing the district school board to set and
  979         collect fees from a publisher that participates in the
  980         instructional materials review process; requiring the
  981         fee amount to be posted on the school district’s
  982         website and reported to the Department of Education;
  983         providing a limit on fees; prohibiting fees from being
  984         collected from publishers to review certain
  985         instructional materials; providing for a stipend,
  986         reimbursement for travel expenses, and per diem for
  987         reviewers; requiring instructional materials that are
  988         approved by the district instructional materials
  989         reviewers to be aligned with applicable state
  990         standards; requiring each district school
  991         superintendent to annually certify that the
  992         instructional materials for core courses used by the
  993         district align with applicable state standards;
  994         providing pricing requirements for instructional
  995         materials; amending s. 1006.29, F.S.; providing a
  996         definition; requiring the department to appoint state
  997         instructional materials reviewers, rather than state
  998         or national experts, to review instructional
  999         materials; providing requirements, appointments, and
 1000         terms for state instructional materials reviewers;
 1001         authorizing the department to assess and collect fees;
 1002         requiring the fee amount to be posted on the
 1003         department’s website and reported to the State Board
 1004         of Education; providing a purpose for the use of the
 1005         fees, such as a stipend for service as a reviewer,
 1006         payment for per diem, and reimbursement for travel
 1007         expenses for service as a reviewer; requiring a
 1008         publisher to offer sections of instructional materials
 1009         in certain versions at reduced rates; requiring the
 1010         department to post certain instructional materials on
 1011         its website; amending s. 1006.30, F.S.; conforming
 1012         provisions to changes made by the act; amending s.
 1013         1006.31, F.S.; conforming provisions to changes made
 1014         by the act; revising the procedure for evaluating
 1015         instructional materials; providing standards to
 1016         determine the propriety of instructional materials;
 1017         amending s. 1006.32, F.S.; conforming provisions to
 1018         changes made by the act; repealing s. 1006.33, F.S.,
 1019         relating to bids, proposals, and advertisement
 1020         regarding instructional materials; amending s.
 1021         1006.34, F.S.; revising the powers and duties of the
 1022         State Board of Education in evaluating instructional
 1023         materials to include collecting fees and adopting
 1024         rules; conforming provisions to changes made by the
 1025         act; amending s. 1006.35, F.S.; authorizing the
 1026         Commissioner of Education to remove materials from the
 1027         list of approved materials if the materials do not
 1028         align with applicable state standards; prohibiting a
 1029         school district from purchasing removed materials
 1030         under certain circumstances; amending s. 1006.36,
 1031         F.S.; providing for the state review cycle for
 1032         instructional materials; amending s. 1006.37, F.S.;
 1033         authorizing a district school superintendent to
 1034         requisition approved instructional materials;
 1035         conforming provisions to changes made by the act;
 1036         amending s. 1006.38, F.S.; providing for
 1037         applicability; revising duties of publishers and
 1038         manufacturers; amending s. 1006.40, F.S.; revising the
 1039         allocation for instructional materials; amending s.
 1040         1001.10, F.S.; revising the duties of the Commissioner
 1041         of Education with regard to instructional materials,
 1042         including submission of a report to the Governor, the
 1043         Legislature, and the State Board of Education;
 1044         amending s. 1003.55, F.S.; requiring a publisher or
 1045         manufacturer of instructional materials that have been
 1046         approved by the Department of Education or a school
 1047         district to furnish the department with a computer
 1048         file in an electronic format specified by the
 1049         department; amending ss. 1003.621 and 1011.62, F.S.;
 1050         conforming provisions to changes made by the act;
 1051         providing an effective date.