CS/HB 5101

1	A bill to be entitled
2	An act relating to prekindergarten through grade 12
3	education funding; amending s. 1001.10, F.S.; conforming
4	provisions to changes made by the act relating to the
5	review of instructional materials; amending s. 1002.33,
6	F.S.; revising provisions relating to charter school
7	capital outlay funding; providing that a charter school
8	system meeting certain requirements shall be designated a
9	local educational agency for the purpose of receiving
10	federal funds; amending s. 1002.45, F.S., relating to
11	school district virtual instruction programs; requiring
12	school districts to expend certain funds for the
13	district's local instructional improvement system or other
14	technological tools; amending s. 1002.55, F.S.; revising
15	requirements for school-year private prekindergarten
16	program providers; amending s. 1002.63, F.S.; revising
17	requirements for school-year prekindergarten programs
18	delivered by public schools; amending s. 1002.71, F.S.;
19	revising provisions relating to the amount of funds
20	retained by an early learning coalition for administration
21	of prekindergarten education programs; amending s.
22	1003.01, F.S.; redefining the terms "core-curricula
23	courses" and "extracurricular courses"; amending s.
24	1003.03, F.S.; revising class size requirements; providing
25	requirements for the assignment of a student to a class
26	that exceeds the class size maximum; amending s. 1003.492,
27	F.S.; requiring State Board of Education rules to
28	establish a process for weighting the value of industry
29	certifications for career education programs; amending s.
30	1006.28, F.S.; revising school district duties to provide
31	instructional materials; replacing references to the term
32	"textbooks" with the term "instructional materials";
33	amending s. 1006.281, F.S.; defining the term "local
34	instructional improvement system"; providing system
35	requirements for managing instructional improvement and
36	student learning; requiring each school district to
37	provide access to its system; requiring State Board of
38	Education rules and minimum standards for local
39	instructional improvement systems; amending s. 1006.29,
40	F.S.; replacing references to the term "state
41	instructional materials committees" with the term "state
42	instructional materials reviewers"; requiring the
43	Commissioner of Education to appoint state or national
44	experts to review and evaluate instructional materials;
45	providing for school district reviewers to review
46	recommendations for state adoption; requiring adopted
47	instructional materials to be provided in an electronic or
48	a digital format; amending s. 1006.30, F.S.; revising
49	provisions relating to the affidavit of state
50	instructional materials reviewers to conform to changes
51	made by the act; amending s. 1006.31, F.S.; revising
52	provisions relating to the duties of each state
53	instructional materials reviewer to conform to changes
54	made by the act; amending s. 1006.32, F.S.; revising
55	provisions relating to prohibited acts to conform to
56	changes made by the act; amending s. 1006.33, F.S.,
57	relating to bids or proposals and advertisements of
58	instructional materials; providing requirements for
59	digital specifications; amending s. 1006.34, F.S.;
60	revising powers and duties of the commissioner and the
61	Department of Education in selecting and adopting
62	instructional materials; providing an exemption from the
63	requirement that a rule having certain regulatory costs be
64	ratified by the Legislature; amending s. 1006.35, F.S.;
65	conforming provisions relating to the accuracy of
66	instructional materials to changes made by the act;
67	amending s. 1006.36, F.S.; reducing the term of adoption
68	of instructional materials from a 6-year period to a 5-
69	year period; amending s. 1006.38, F.S.; revising
70	provisions relating to the duties, responsibilities, and
71	requirements of instructional materials publishers and
72	manufacturers; requiring electronic delivery of copies of
73	instructional materials to the department; amending s.
74	1006.39, F.S.; revising provisions relating to the
75	production and dissemination of educational materials and
76	products by the department to conform to changes made by
77	the act; amending s. 1006.40, F.S.; revising provisions
78	relating to the use of the annual allocation for the
79	purchase of instructional materials; repealing s. 1006.43,
80	F.S., relating to department expenses and its annual
81	legislative budget request; amending s. 1011.62, F.S.;
82	revising provisions relating to the value of student
83	membership for certain students in career and professional
84	academy programs for purposes of education funding;
85	revising provisions relating to the value of student
86	membership for certain students in the Florida Virtual
87	School; amending s. 1011.685, F.S.; revising provisions
88	relating to the use of class size reduction operating
89	categorical funds; amending s. 1011.71, F.S.; conforming
90	provisions to changes made by the act; repealing
91	provisions relating to the levy of additional millage for
92	critical capital outlay or operating needs; authorizing
93	the levy in certain school districts; providing
94	restrictions; increasing the amount that school districts
95	may expend per unweighted full-time equivalent student
96	from the revenue generated by the levy of capital
97	improvement millage; clarifying the types of insurance
98	premiums that may be paid from revenue generated by the
99	levy; authorizing the Commissioner of Education to waive
100	the equal-dollar reduction requirement for certain
101	expenditures relating to the purchase of software and the
102	cost of premiums for property and casualty insurance;
103	providing an effective date.
104
105	Be It Enacted by the Legislature of the State of Florida:
106
107	Section 1.  Paragraph (o) of subsection (6) of section
108	1001.10, Florida Statutes, is amended to read:
109	1001.10  Commissioner of Education; general powers and
110	duties.-
111	(6)  Additionally, the commissioner has the following
112	general powers and duties:
113	(o)  To develop criteria for use by state instructional
114	materials reviewers committees in evaluating materials submitted
115	for adoption consideration. The criteria shall, as appropriate,
116	be based on instructional expectations reflected in curriculum
117	frameworks and student performance standards. The criteria for
118	each subject or course shall be made available to publishers of
119	instructional materials pursuant to the requirements of chapter
120	1006.
121	Section 2.  Subsection (19) of section 1002.33, Florida
122	Statutes, is amended, subsection (26) is renumbered as
123	subsection (27), and a new subsection (26) is added to that
124	section, to read:
125	1002.33  Charter schools.-
126	(19)  CAPITAL OUTLAY FUNDING.-Charter schools are eligible
127	for capital outlay funds pursuant to s. 1013.62. Capital outlay
128	funds authorized in ss. s. 1011.71(2) and 1013.62 that have been
129	shared with a charter school-in-the-workplace prior to July 1,
130	2010, are deemed to have met the authorized expenditure
131	requirements for such funds.
132	(26)  LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
133	SCHOOL SYSTEMS.-A charter school system shall be designated a
134	local educational agency for the purpose of receiving federal
135	funds, in the same manner as if the charter school system were a
136	school district, if the governing board of the charter school
137	system has adopted and filed a resolution with its sponsoring
138	district school board and the Department of Education in which
139	the governing board accepts full responsibility for all local
140	educational agency requirements and the charter school system
141	meets all of the following:
142	(a)  Includes both conversion charter schools and
143	nonconversion charter schools;
144	(b)  Has all schools located in the same county;
145	(c)  Has a total enrollment exceeding the total enrollment
146	of at least one school district in the state;
147	(d)  Has the same governing board; and
148	(e)  Does not contract with a for-profit service provider
149	for management of school operations.
150
151	Such designation does not apply to other provisions of law
152	unless specifically provided by law.
153	Section 3.  Paragraph (e) is added to subsection (1) of
154	section 1002.45, Florida Statutes, to read:
155	1002.45  School district virtual instruction programs.-
156	(1)  PROGRAM.-
157	(e)1.  Each school district shall provide to the department
158	by October 1, 2011, and by each October 1 thereafter, a copy of
159	each contract and the amounts paid per unweighted full-time
160	equivalent student for services procured pursuant to paragraph
161	(c).
162	2.  Each school district shall expend the difference in
163	funds provided for a student participating in the school
164	district virtual instruction program pursuant to subsection (7)
165	and the price paid for contracted services procured pursuant to
166	paragraph (c) for the district's local instructional improvement
167	system pursuant to s. 1006.281 or other technological tools that
168	are required to access electronic and digital instructional
169	materials.
170	Section 4.  Paragraphs (c) and (f) of subsection (3) of
171	section 1002.55, Florida Statutes, are amended to read:
172	1002.55  School-year prekindergarten program delivered by
173	private prekindergarten providers.-
174	(3)  To be eligible to deliver the prekindergarten program,
175	a private prekindergarten provider must meet each of the
176	following requirements:
177	(c)  The private prekindergarten provider must have, for
178	each prekindergarten class of 11 children or fewer, at least one
179	prekindergarten instructor who meets each of the following
180	requirements:
181	1.  The prekindergarten instructor must hold, at a minimum,
182	one of the following credentials:
183	a.  A child development associate credential issued by the
184	National Credentialing Program of the Council for Professional
185	Recognition; or
186	b.  A credential approved by the Department of Children and
187	Family Services as being equivalent to or greater than the
188	credential described in sub-subparagraph a.
189
190	The Department of Children and Family Services may adopt rules
191	under ss. 120.536(1) and 120.54 which provide criteria and
192	procedures for approving equivalent credentials under sub-
193	subparagraph b.
194	2.  The prekindergarten instructor must successfully
195	complete an emergent literacy training course approved by the
196	department as meeting or exceeding the minimum standards adopted
197	under s. 1002.59. This subparagraph does not apply to a
198	prekindergarten instructor who successfully completes approved
199	training in early literacy and language development under s.
200	402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
201	establishment of one or more emergent literacy training courses
202	under s. 1002.59 or April 1, 2005, whichever occurs later.
203	(f)  Each of the private prekindergarten provider's
204	prekindergarten classes must be composed of at least 4 students
205	but may not exceed 20 18 students. In order to protect the
206	health and safety of students, each private prekindergarten
207	provider must also provide appropriate adult supervision for
208	students at all times and, for each prekindergarten class
209	composed of 12 11 or more students, must have, in addition to a
210	prekindergarten instructor who meets the requirements of
211	paragraph (c), at least one adult prekindergarten instructor who
212	is not required to meet those requirements but who must meet
213	each requirement of paragraph (d). This paragraph does not
214	supersede any requirement imposed on a provider under ss.
215	402.301-402.319.
216	Section 5.  Subsection (7) of section 1002.63, Florida
217	Statutes, is amended to read:
218	1002.63  School-year prekindergarten program delivered by
219	public schools.-
220	(7)  Each prekindergarten class in a public school
221	delivering the school-year prekindergarten program must be
222	composed of at least 4 students but may not exceed 18 students.
223	In order to protect the health and safety of students, each
224	school must also provide appropriate adult supervision for
225	students at all times and, for each prekindergarten class
226	composed of 12 11 or more students, must have, in addition to a
227	prekindergarten instructor who meets the requirements of s.
228	1002.55(3)(c), at least one adult prekindergarten instructor who
229	is not required to meet those requirements but who must meet
230	each requirement of subsection (5).
231	Section 6.  Subsection (7) of section 1002.71, Florida
232	Statutes, is amended to read:
233	1002.71  Funding; financial and attendance reporting.-
234	(7)  The Agency for Workforce Innovation shall require that
235	administrative expenditures be kept to the minimum necessary for
236	efficient and effective administration of the Voluntary
237	Prekindergarten Education Program. Administrative policies and
238	procedures shall be revised, to the maximum extent practicable,
239	to incorporate the use of automation and electronic submission
240	of forms, including those required for child eligibility and
241	enrollment, provider and class registration, and monthly
242	certification of attendance for payment. A school district may
243	use its automated daily attendance reporting system for the
244	purpose of transmitting attendance records to the early learning
245	coalition in a mutually agreed-upon format. In addition, actions
246	shall be taken to reduce paperwork, eliminate the duplication of
247	reports, and eliminate other duplicative activities. Beginning
248	with the 2011-2012 2010-2011 fiscal year, each early learning
249	coalition may retain and expend no more than 4.0 4.5 percent of
250	the funds paid by the coalition to private prekindergarten
251	providers and public schools under paragraph (5)(b). Funds
252	retained by an early learning coalition under this subsection
253	may be used only for administering the Voluntary Prekindergarten
254	Education Program and may not be used for the school readiness
255	program or other programs.
256	Section 7.  Subsections (14) and (15) of section 1003.01,
257	Florida Statutes, are amended to read:
258	1003.01  Definitions.-As used in this chapter, the term:
259	(14)  "Core-curricula courses" means:
260	(a)  Language arts/reading, mathematics, and science
261	courses in prekindergarten through grade 3.
262	(b)  Courses in grades 4 through 8 in subjects that are
263	measured by state assessment at any grade level.
264	(c)  Courses in grades 9 through 12 in subjects that are
265	measured by state assessment at any grade level.
266	(d)  Courses that are specifically identified by name in
267	law as required for high school graduation and that are not
268	measured by state assessment, excluding any extracurricular
269	courses.
270	(e)  Exceptional student education courses.
271	(f)  English for Speakers of Other Languages courses.
272	courses defined by the Department of Education as mathematics,
273	language arts/reading, science, social studies, foreign
274	language, English for Speakers of Other Languages, exceptional
275	student education, and courses taught in traditional self-
276	contained elementary school classrooms.
277
278	The term is limited in meaning and used for the sole purpose of
279	designating classes that are subject to the maximum class size
280	requirements established in s. 1, Art. IX of the State
281	Constitution. This term does not include courses offered under
282	ss. 1002.37, 1002.415, and 1002.45.
283	(15)  "Extracurricular courses" means all courses that are
284	not defined as "core-curricula courses," which may include, but
285	are not limited to, physical education, fine arts, performing
286	fine arts, and career education, and courses that may result in
287	college credit. The term is limited in meaning and used for the
288	sole purpose of designating classes that are not subject to the
289	maximum class size requirements established in s. 1, Art. IX of
290	the State Constitution.
291	Section 8.  Subsections (1) and (2) of section 1003.03,
292	Florida Statutes, are amended to read:
293	1003.03  Maximum class size.-
294	(1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.-Each year, on or
295	before the October student membership survey, school districts
296	must be in compliance with the following class size requirements
297	Pursuant to s. 1, Art. IX of the State Constitution, beginning
298	in the 2010-2011 school year:
299	(a)  The maximum number of students assigned to each
300	teacher who is teaching core-curricula courses in public school
301	classrooms for prekindergarten through grade 3 may not exceed 18
302	students.
303	(b)  The maximum number of students assigned to each
304	teacher who is teaching core-curricula courses in public school
305	classrooms for grades 4 through 8 may not exceed 22 students.
306	The maximum number of students assigned to a core-curricula high
307	school course in which a student in grades 4 through 8 is
308	enrolled shall be governed by the requirements in paragraph (c).
309	(c)  The maximum number of students assigned to each
310	teacher who is teaching core-curricula courses in public school
311	classrooms for grades 9 through 12 may not exceed 25 students.
312
313	These maximums shall be maintained after the October student
314	membership survey, except as provided in paragraph (2)(b) or due
315	to an extreme emergency beyond the control of the district
316	school board.
317	(2)  IMPLEMENTATION.-
318	(a)  The Department of Education shall annually calculate
319	class size measures described in subsection (1) based upon the
320	October student membership survey.
321	(b)  A student who enrolls in a school after the October
322	student membership survey may be assigned to an existing class
323	that temporarily exceeds the maximum number of students in
324	subsection (1) if the district school board determines it to be
325	impractical, educationally unsound, or disruptive to student
326	learning to not assign the student to the class. If the district
327	school board makes this determination:
328	1.  Up to three students above the maximum as provided in
329	paragraph (1)(a) may be assigned to a teacher in kindergarten
330	through grade 3.
331	2.  Up to five students above the maximums as provided in
332	paragraphs (1)(b) and (c), respectively, may be assigned to a
333	teacher in grades 4 through 12.
334	3.  The district school board must develop a plan for the
335	school to be in full compliance with the maximum class size in
336	subsection (1) by the next October student membership survey.
337	(b)  Prior to the adoption of the district school budget
338	for 2010-2011, each district school board shall hold public
339	hearings and provide information to parents on the district's
340	website, and through any other means by which the district
341	provides information to parents and the public, on the
342	district's strategies to meet the requirements in subsection
343	(1).
344	Section 9.  Subsection (2) of section 1003.492, Florida
345	Statutes, is amended to read:
346	1003.492  Industry-certified career education programs.-
347	(2)  The State Board of Education shall use the expertise
348	of Workforce Florida, Inc., and Enterprise Florida, Inc., to
349	develop and adopt rules pursuant to ss. 120.536(1) and 120.54
350	for implementing an industry certification process. The rules
351	must establish a process for weighting the value of industry
352	certifications based on the rigor of the certification and its
353	employment value to state businesses and industry. Industry
354	certification shall be defined by the Agency for Workforce
355	Innovation, based upon the highest available national standards
356	for specific industry certification, to ensure student skill
357	proficiency and to address emerging labor market and industry
358	trends. A regional workforce board or a career and professional
359	academy may apply to Workforce Florida, Inc., to request
360	additions to the approved list of industry certifications based
361	on high-demand job requirements in the regional economy. The
362	list of industry certifications approved by Workforce Florida,
363	Inc., and the Department of Education shall be published and
364	updated annually by a date certain, to be included in the
365	adopted rule.
366	Section 10.  Subsection (1), paragraph (a) of subsection
367	(2), and paragraphs (b) and (e) of subsection (3) of section
368	1006.28, Florida Statutes, are amended to read:
369	1006.28  Duties of district school board, district school
370	superintendent; and school principal regarding K-12
371	instructional materials.-
372	(1)  DISTRICT SCHOOL BOARD.-The district school board has
373	the duty to provide adequate instructional materials for all
374	students in accordance with the requirements of this part. The
375	term "adequate instructional materials" means a sufficient
376	number of student or site licenses textbooks or sets of
377	materials that are available in bound, unbound, kit, or package
378	form and may consist of hard-backed or soft-backed textbooks,
379	electronic content, consumables, learning laboratories,
380	manipulatives, electronic media, and computer courseware or
381	software that serve as the basis for instruction for each
382	student in the core courses of mathematics, language arts,
383	social studies, science, reading, and literature, except for
384	instruction for which the school advisory council approves the
385	use of a program that does not include a textbook as a major
386	tool of instruction. The district school board has the following
387	specific duties:
388	(a)  Courses of study; adoption.-Adopt courses of study for
389	use in the schools of the district.
390	(b)  Instructional materials Textbooks.-Provide for proper
391	requisitioning, distribution, accounting, storage, care, and use
392	of all instructional materials furnished by the state and
393	furnish such other instructional materials as may be needed. The
394	district school board shall ensure assure that instructional
395	materials used in the district are consistent with the district
396	goals and objectives and the curriculum frameworks adopted by
397	rule of the State Board of Education, as well as with the state
398	and district performance standards provided for in s.
399	1001.03(1).
400	(c)  Other instructional materials.-Provide such other
401	teaching accessories and aids as are needed for the school
402	district's educational program.
403	(d)  School library media services; establishment and
404	maintenance.-Establish and maintain a program of school library
405	media services for all public schools in the district, including
406	school library media centers, or school library media centers
407	open to the public, and, in addition such traveling or
408	circulating libraries as may be needed for the proper operation
409	of the district school system.
410	(2)  DISTRICT SCHOOL SUPERINTENDENT.-
411	(a)  The district school superintendent has the duty to
412	recommend such plans for improving, providing, distributing,
413	accounting for, and caring for instructional materials textbooks
414	and other instructional aids as will result in general
415	improvement of the district school system, as prescribed in this
416	part, in accordance with adopted district school board rules
417	prescribing the duties and responsibilities of the district
418	school superintendent regarding the requisition, purchase,
419	receipt, storage, distribution, use, conservation, records, and
420	reports of, and management practices and property accountability
421	concerning, instructional materials, and providing for an
422	evaluation of any instructional materials to be requisitioned
423	that have not been used previously in the district's schools.
424	The district school superintendent must keep adequate records
425	and accounts for all financial transactions for funds collected
426	pursuant to subsection (3), as a component of the educational
427	service delivery scope in a school district best financial
428	management practices review under s. 1008.35.
429	(3)  SCHOOL PRINCIPAL.-The school principal has the
430	following duties for the management and care of instructional
431	materials at the school:
432	(b)  Money collected for lost or damaged instructional
433	materials books; enforcement.-The school principal shall collect
434	from each student or the student's parent the purchase price of
435	any instructional material the student has lost, destroyed, or
436	unnecessarily damaged and to report and transmit the money
437	collected to the district school superintendent. The failure to
438	collect such sum upon reasonable effort by the school principal
439	may result in the suspension of the student from participation
440	in extracurricular activities or satisfaction of the debt by the
441	student through community service activities at the school site
442	as determined by the school principal, pursuant to policies
443	adopted by district school board rule.
444	(e)  Accounting for instructional materials textbooks.-
445	Principals shall see that all instructional materials books are
446	fully and properly accounted for as prescribed by adopted rules
447	of the district school board.
448	Section 11.  Section 1006.281, Florida Statutes, is amended
449	to read:
450	1006.281  Local instructional improvement Learning
451	management systems.-
452	(1)  A "local instructional improvement system" means a
453	system that uses digital tools that provide teachers,
454	administrators, students, and parents with data and resources to
455	systematically manage continuous instructional improvement. The
456	system supports relevant activities such as instructional
457	planning, information gathering and analysis, rapid-time
458	reporting, decisionmaking on appropriate instructional sequence,
459	and evaluating the effectiveness of instruction. The system
460	shall integrate instructional information with student-level
461	data to provide predictions of future student achievement.
462	(2)(1)  Each school district shall provide teachers,
463	administrators, students, and parents To ensure that all school
464	districts have equitable access to a local instructional
465	improvement system. The system must provide access to electronic
466	and digital digitally rich instructional materials, districts
467	are encouraged to provide access to an electronic learning
468	management system that allows teachers, students, and parents to
469	access, organize, and use electronically available instructional
470	materials and teaching and learning tools and resources,
471	including the ability for and that enables teachers and
472	administrators to manage, assess, and track student learning.
473	(3)(2)  By June 30, 2014, a school district's local
474	instructional improvement system shall comply with minimum
475	standards published by the Department of Education. The system
476	must To the extent fiscally and technologically feasible, a
477	school district's electronic learning management system should
478	allow for a single, authenticated sign-on and include the
479	following functionality:
480	(a)  Vertically searches for, gathers, and organizes
481	specific standards-based instructional materials.
482	(b)  Enables teachers to prepare lessons, individualize
483	student instruction, and use best practices in providing
484	instruction, including the ability to connect student assessment
485	data with electronic and digital instructional materials.
486	(c)  Provides communication, including access to up-to-date
487	student performance data, in order to help teachers and parents
488	better serve the needs of students.
489	(d)  Provides access for administrators to ensure quality
490	of instruction within every classroom.
491	(e)  Enables district staff to plan, create, and manage
492	professional development and to connect professional development
493	with staff information and student performance data.
494	(f)(e)  Provides access to multiple content providers and
495	provides the ability to seamlessly connect the local
496	instructional improvement system to electronic and digital
497	content.
498	(4)(3)  The Department of Education shall provide advisory
499	assistance as requested by school districts in their deployment
500	of a local instructional improvement district electronic
501	learning management system.
502	(5)  The State Board of Education shall adopt rules
503	pursuant to ss. 120.536(1) and 120.54 to administer this
504	section, including rules that establish minimum standards for a
505	local instructional improvement system.
506	Section 12.  Section 1006.29, Florida Statutes, is amended
507	to read:
508	1006.29  State instructional materials reviewers
509	committees.-
510	(1)  Each school year, not later than April 15, the
511	commissioner shall appoint state instructional materials
512	committees composed of persons actively engaged in teaching or
513	in the supervision of teaching in the public elementary, middle,
514	or high schools and representing the major fields and levels in
515	which instructional materials are used in the public schools
516	and, in addition, lay citizens not professionally connected with
517	education. Committee members shall receive training pursuant to
518	subsection (5) in competencies related to the evaluation and
519	selection of instructional materials.
520	(a)  There shall be 10 or more members on each committee:
521	At least 50 percent of the members shall be classroom teachers
522	who are certified in an area directly related to the academic
523	area or level being considered for adoption, 2 shall be
524	laypersons, 1 shall be a district school board member, and 2
525	shall be supervisors of teachers. The committee must have the
526	capacity or expertise to address the broad racial, ethnic,
527	socioeconomic, and cultural diversity of the state's student
528	population. Personnel selected as teachers of the year at the
529	school, district, regional, or state level are encouraged to
530	serve on instructional materials committees.
531	(b)  The membership of each committee must reflect the
532	broad racial, ethnic, socioeconomic, and cultural diversity of
533	the state, including a balanced representation from the state's
534	geographic regions.
535	(1)(a)(c)  The commissioner shall determine annually the
536	areas in which instructional materials shall be submitted for
537	adoption, taking into consideration the desires of the district
538	school boards. The commissioner shall also determine the number
539	of titles to be adopted in each area.
540	(b)  By April 15 of each school year, the commissioner
541	shall appoint three state or national experts in the content
542	areas submitted for adoption to review the instructional
543	materials and evaluate the content for alignment with the
544	applicable Next Generation Sunshine State Standards. These
545	reviewers shall be designated as state instructional materials
546	reviewers and shall review the materials for the level of
547	instructional support and the accuracy and appropriateness of
548	progression of introduced content. Instructional materials shall
549	be made available to the reviewers in an electronic format. The
550	initial review of the materials shall be made by only two of the
551	three reviewers. If the two reviewers reach different results,
552	the third reviewer shall determine which results shall be
553	recommended. The reviewers shall independently make
554	recommendations to the commissioner regarding materials that
555	should be placed on the list of adopted materials through an
556	electronic feedback review system.
557	(c)  The commissioner shall request each district school
558	superintendent to nominate one classroom teacher or district-
559	level content supervisor to review two or three of the
560	submissions recommended by the state instructional materials
561	reviewers. School districts shall ensure that these district
562	reviewers are provided with the support and time necessary to
563	accomplish thorough review of the instructional materials.
564	District reviewers shall independently rate the recommended
565	submissions on the instructional usability of the resources.
566	(2)(a)  All appointments shall be as prescribed in this
567	section. No member shall serve more than two consecutive terms
568	on any committee. All appointments shall be for 18-month terms.
569	All vacancies shall be filled in the manner of the original
570	appointment for only the time remaining in the unexpired term.
571	At no time may a district school board have more than one
572	representative on a committee. The commissioner and a member of
573	the department whom he or she shall designate shall be
574	additional and ex officio members of each committee.
575	(b)  The names and mailing addresses of the members of the
576	state instructional materials committees shall be made public
577	when appointments are made.
578	(c)  The district school board shall be reimbursed for the
579	actual cost of substitute teachers for each workday that a
580	member of its instructional staff is absent from his or her
581	assigned duties for the purpose of rendering service to the
582	state instructional materials committee. In addition, committee
583	members shall be reimbursed for travel expenses and per diem in
584	accordance with s. 112.061 for actual service in meetings of
585	committees called by the commissioner. Payment of such travel
586	expenses shall be made from the appropriation for the
587	administration of the instructional materials program, on
588	warrants to be drawn by the Chief Financial Officer upon
589	requisition approved by the commissioner.
590	(d)  Any member of a committee may be removed by the
591	commissioner for cause.
592	(3)  All references in the law to the state instructional
593	materials committee shall apply to each committee created by
594	this section.
595	(2)(4)  For purposes of state adoption, "instructional
596	materials" means items having intellectual content that by
597	design serve as a major tool for assisting in the instruction of
598	a subject or course. These items may be available in bound,
599	unbound, kit, or package form and may consist of hardbacked or
600	softbacked textbooks, electronic content, consumables, learning
601	laboratories, manipulatives, electronic media, and computer
602	courseware or software. A publisher or manufacturer providing
603	instructional materials as a single bundle shall also make the
604	instructional materials available as separate and unbundled
605	items, each priced individually. A publisher may also offer
606	sections of state-adopted instructional materials in digital or
607	electronic versions at reduced rates to districts, schools, and
608	teachers.
609	(3)  Beginning in the 2014-2015 academic year, all adopted
610	Any instructional materials adopted after 2012-2013 for students
611	in kindergarten grades 9 through grade 12 must shall also be
612	provided in a digital an electronic format. For purposes of
613	state adoption, the term "digital format" means text-based or
614	image-based content in a form that provides the student with
615	various interactive functions; that can be searched, tagged,
616	distributed, and utilized for individualized and group learning;
617	that includes multimedia content such as video clips,
618	animations, and virtual reality; and that has the ability to be
619	accessed anytime and anywhere. Beginning in the 2012-2013
620	academic year for grades 9 through 12 and in the 2013-2014
621	academic year for kindergarten through grade 8, all adopted
622	instructional materials must be provided in an electronic or a
623	digital format. For purposes of state adoption, the term
624	"electronic format" means text-based or image-based content in a
625	form that is produced on, published by, and readable on
626	computers or other digital devices and is an electronic version
627	of a printed book, whether or not any printed equivalent exists.
628	The term does not include electronic or computer hardware even
629	if such hardware is bundled with software or other electronic
630	media, nor does it include equipment or supplies.
631	(4)(5)  The department shall develop a training program for
632	persons selected as state instructional materials reviewers and
633	school district reviewers to serve on state instructional
634	materials committees. The program shall be structured to assist
635	reviewers committee members in developing the skills necessary
636	to make valid, culturally sensitive, and objective decisions
637	regarding the content and rigor of instructional materials. All
638	persons serving as on instructional materials reviewers
639	committees must complete the training program prior to beginning
640	the review and selection process.
641	Section 13.  Section 1006.30, Florida Statutes, is amended
642	to read:
643	1006.30  Affidavit of state instructional materials
644	reviewers committee members.-Before transacting any business,
645	each state instructional materials reviewer member of a state
646	committee shall make an affidavit, to be filed with the
647	department commissioner, that:
648	(1)  The reviewer member will faithfully discharge the
649	duties imposed upon him or her as a member of the committee.
650	(2)  The reviewer member has no interest, and while a
651	member of the committee he or she will assume no interest, in
652	any publishing or manufacturing organization that which produces
653	or sells instructional materials.
654	(3)  The reviewer member is in no way connected, and while
655	a member of the committee he or she will assume no connection,
656	with the distribution of the instructional materials.
657	(4)  The reviewer does not have any direct or indirect
658	pecuniary interest member is not pecuniarily interested, and
659	while a member of the committee he or she will assume no
660	pecuniary interest, directly or indirectly, in the business or
661	profits of any person engaged in manufacturing, publishing, or
662	selling instructional materials designed for use in the public
663	schools.
664	(5)  The reviewer member will not accept any emolument or
665	promise of future reward of any kind from any publisher or
666	manufacturer of instructional materials or his or her agent or
667	anyone interested in, or intending to bias his or her judgment
668	in any way in, the selection of any materials to be adopted.
669	(6)  The reviewer understands that it is unlawful for any
670	member of a state instructional materials committee to discuss
671	matters relating to instructional materials submitted for
672	adoption with any agent of a publisher or manufacturer of
673	instructional materials, either directly or indirectly, except
674	during the period when the publisher or manufacturer is
675	providing a presentation for the reviewer during his or her
676	review of committee has been called into session for the purpose
677	of evaluating instructional materials submitted for adoption.
678	Such discussions shall be limited to official meetings of the
679	committee and in accordance with procedures prescribed by the
680	commissioner for that purpose.
681	Section 14.  Section 1006.31, Florida Statutes, is amended
682	to read:
683	1006.31  Duties of each state instructional materials
684	reviewer committee.-The duties of each state instructional
685	materials reviewer committee are:
686	(1)  PLACE AND TIME OF MEETING.-To meet at the call of the
687	commissioner, at a place in the state designated by him or her,
688	for the purpose of evaluating and recommending instructional
689	materials for adoption by the state. All meetings of state
690	instructional materials committees shall be announced publicly
691	in the Florida Administrative Weekly at least 2 weeks prior to
692	the date of convening. All meetings of the committees shall be
693	open to the public.
694	(2)  ORGANIZATION.-To elect a chair and vice chair for each
695	adoption. An employee of the department shall serve as secretary
696	to the committee and keep an accurate record of its proceedings.
697	All records of committee motions and votes, and summaries of
698	committee debate shall be incorporated into a publishable
699	document and shall be available for public inspection and
700	duplication.
701	(1)(3)  PROCEDURES.-To adhere to procedures prescribed by
702	the department commissioner for evaluating instructional
703	materials submitted by publishers and manufacturers in each
704	adoption.
705	(2)(4)  EVALUATION OF INSTRUCTIONAL MATERIALS.-To evaluate
706	carefully all instructional materials submitted, to ascertain
707	which instructional materials, if any, submitted for
708	consideration best implement the selection criteria developed by
709	the department commissioner and those curricular objectives
710	included within applicable performance standards provided for in
711	s. 1001.03(1).
712	(a)  When recommending instructional materials for use in
713	the schools, each reviewer committee shall include only
714	instructional materials that accurately portray the ethnic,
715	socioeconomic, cultural, and racial diversity of our society,
716	including men and women in professional, career, and executive
717	roles, and the role and contributions of the entrepreneur and
718	labor in the total development of this state and the United
719	States.
720	(b)  When recommending instructional materials for use in
721	the schools, each reviewer committee shall include only
722	materials that which accurately portray, whenever appropriate,
723	humankind's place in ecological systems, including the necessity
724	for the protection of our environment and conservation of our
725	natural resources and the effects on the human system of the use
726	of tobacco, alcohol, controlled substances, and other dangerous
727	substances.
728	(c)  When recommending instructional materials for use in
729	the schools, each reviewer committee shall require such
730	materials as he or she it deems necessary and proper to
731	encourage thrift, fire prevention, and humane treatment of
732	people and animals.
733	(d)  When recommending instructional materials for use in
734	the schools, each reviewer committee shall require, when
735	appropriate to the comprehension of students, that materials for
736	social science, history, or civics classes contain the
737	Declaration of Independence and the Constitution of the United
738	States. A reviewer may not recommend any No instructional
739	materials shall be recommended by any committee for use in the
740	schools which contain any matter reflecting unfairly upon
741	persons because of their race, color, creed, national origin,
742	ancestry, gender, or occupation.
743	(e)  Any instructional material All instructional materials
744	recommended by a reviewer each committee for use in the schools
745	shall be, to the satisfaction of each reviewer committee,
746	accurate, objective, and current and suited to the needs and
747	comprehension of students at their respective grade levels.
748	Reviewers Instructional materials committees shall consider for
749	adoption materials developed for academically talented students
750	such as those enrolled in advanced placement courses.
751	(3)(5)  REPORT OF REVIEWER COMMITTEE.-Each committee, After
752	a thorough study of all data submitted on each instructional
753	material, to submit an electronic and after each member has
754	carefully evaluated each instructional material, shall present a
755	written report to the department commissioner. The Such report
756	shall be made public, and must shall include responses to each
757	section of the report format prescribed by the department.:
758	(a)  A description of the procedures used in determining
759	the instructional materials to be recommended to the
760	commissioner.
761	(b)  Recommendations of instructional materials for each
762	grade and subject field in the curriculum of public elementary,
763	middle, and high schools in which adoptions are to be made. If
764	deemed advisable, the committee may include such other
765	information, expression of opinion, or recommendation as would
766	be helpful to the commissioner. If there is a difference of
767	opinion among the members of the committee as to the merits of
768	any instructional materials, any member may file an expression
769	of his or her individual opinion.
770
771	The findings of the committees, including the evaluation of
772	instructional materials, shall be in sessions open to the
773	public. All decisions leading to determinations of the
774	committees shall be by roll call vote, and at no time will a
775	secret ballot be permitted.
776	Section 15.  Section 1006.32, Florida Statutes, is amended
777	to read:
778	1006.32  Prohibited acts.-
779	(1)  A No publisher or manufacturer of instructional
780	material, or any representative thereof, may not shall offer to
781	give any emolument, money, or other valuable thing, or any
782	inducement, to any district school board official or state
783	member of a state-level instructional materials reviewer
784	committee to directly or indirectly introduce, recommend, vote
785	for, or otherwise influence the adoption or purchase of any
786	instructional materials.
787	(2)  A No district school board official or member of a
788	state instructional materials reviewer may not committee shall
789	solicit or accept any emolument, money, or other valuable thing,
790	or any inducement, to directly or indirectly introduce,
791	recommend, vote for, or otherwise influence the adoption or
792	purchase of any instructional material.
793	(3)  A No district school board or publisher may not
794	participate in a pilot program of materials being considered for
795	adoption during the 18-month period before the official adoption
796	of the materials by the commissioner. Any pilot program during
797	the first 2 years of the adoption period must have the prior
798	approval of the commissioner.
799	(4)  Any publisher or manufacturer of instructional
800	materials or representative thereof or any district school board
801	official or state instructional materials reviewer committee
802	member, who violates any provision of this section commits a
803	misdemeanor of the second degree, punishable as provided in s.
804	775.082 or s. 775.083. Any representative of a publisher or
805	manufacturer who violates any provision of this section, in
806	addition to any other penalty, shall be banned from practicing
807	business in the state for a period of 1 calendar year. Any
808	district school board official or state instructional materials
809	committee member who violates any provision of this section, in
810	addition to any other penalty, shall be removed from his or her
811	official position.
812	(5)  This section does not prohibit Nothing in this section
813	shall be construed to prevent any publisher, manufacturer, or
814	agent from supplying, for purposes of examination, necessary
815	sample copies of instructional materials to any district school
816	board official or state instructional materials reviewer
817	committee member.
818	(6)  This section does not prohibit Nothing in this section
819	shall be construed to prevent a district school board official
820	or state instructional materials reviewer committee member from
821	receiving sample copies of instructional materials.
822	(7)  This section does not Nothing contained in this
823	section shall be construed to prohibit or restrict a district
824	school board official from receiving royalties or other
825	compensation, other than compensation paid to him or her as
826	commission for negotiating sales to district school boards, from
827	the publisher or manufacturer of instructional materials
828	written, designed, or prepared by such district school board
829	official, and adopted by the commissioner or purchased by any
830	district school board. No district school board official shall
831	be allowed to receive royalties on any materials not on the
832	state-adopted list purchased for use by his or her district
833	school board.
834	(8)  A No district school superintendent, district school
835	board member, teacher, or other person officially connected with
836	the government or direction of public schools may not shall
837	receive during the months actually engaged in performing duties
838	under his or her contract any private fee, gratuity, donation,
839	or compensation, in any manner whatsoever, for promoting the
840	sale or exchange of any instructional material school book, map,
841	or chart in any public school, or be an agent for the sale or
842	the publisher of any instructional material school textbook or
843	reference work, or have direct or indirect pecuniary interest be
844	directly or indirectly pecuniarily interested in the
845	introduction of any such instructional material textbook, and
846	any such agency or interest disqualifies shall disqualify any
847	person so acting or interested from holding any district school
848	board employment whatsoever, and the person commits a
849	misdemeanor of the second degree, punishable as provided in s.
850	775.082 or s. 775.083; however, provided that this subsection
851	does shall not prevent be construed as preventing the adoption
852	of any instructional material book written in whole or in part
853	by a Florida author.
854	Section 16.  Paragraphs (b) and (e) of subsection (1) and
855	subsections (2) and (4) of section 1006.33, Florida Statutes,
856	are amended to read:
857	1006.33  Bids or proposals; advertisement and its
858	contents.-
859	(1)
860	(b)  The advertisement shall state that, beginning in 2010-
861	2011, each bidder shall furnish electronic sample specimen
862	copies of all instructional materials submitted, at a time
863	designated by the department, which specimen copies shall be
864	identical with the copies approved and accepted by the members
865	of the state instructional materials reviewers committee, as
866	prescribed in this section, and with the copies furnished to the
867	department and district school superintendents, as provided in
868	this part. A school district may not request Any district school
869	superintendent who requires samples in addition to the
870	electronic format must request those samples through the
871	department.
872	(e)  The advertisement shall give information regarding
873	digital as to how specifications that which have been adopted by
874	the department, including minimum format requirements that will
875	enable electronic and digital content to be accessed through the
876	district's local instructional improvement system and a variety
877	of mobile, electronic, and digital devices. Beginning with
878	specifications released in 2013, the digital specifications
879	shall require the capability for searching by state standards
880	and site and student-level licensing. The digital format
881	specifications shall be appropriate for the interoperability of
882	the content. The department may not adopt specifications that
883	require the instructional materials to include specific
884	references to FCAT standards or Next Generation Sunshine State
885	Standards and benchmarks at point of student use in regard to
886	paper, binding, cover boards, and mechanical makeup can be
887	secured. In adopting specifications, the department shall make
888	an exception for instructional materials that are college-level
889	texts and that do not meet department physical specifications
890	for secondary materials, if the publisher guarantees replacement
891	during the term of the contract.
892	(2)  The bids submitted shall be for furnishing the
893	designated materials in accordance with specifications of the
894	department. The bid shall state the lowest wholesale price at
895	which the materials will be furnished, at the time the adoption
896	period provided in the contract begins, delivered f.o.b. to the
897	Florida depository of the publisher, manufacturer, or bidder.
898	(4)  Sample Specimen copies of all instructional materials
899	that have been made the bases of contracts under this part
900	shall, upon request for the purpose of public inspection, be
901	made available by the publisher to the department and the
902	district school superintendent of each district school board
903	that adopts the instructional materials from the state list upon
904	request for the purpose of public inspection. All contracts and
905	bonds executed under this part shall be signed in triplicate.
906	One copy of each contract and an original of each bid, whether
907	accepted or rejected, shall be preserved with the department for
908	at least 3 years after termination of the contract.
909	Section 17.  Subsections (1), (2), (3), and (7) of section
910	1006.34, Florida Statutes, are amended to read:
911	1006.34  Powers and duties of the commissioner and the
912	department in selecting and adopting instructional materials.-
913	(1)  PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.-The
914	State Board of Education shall adopt rules prescribing
915	commissioner shall prescribe the procedures by which the
916	department shall evaluate instructional materials submitted by
917	publishers and manufacturers in each adoption. The rules shall
918	be exempt from the legislative ratification requirement in s.
919	120.541(3). Included in these procedures shall be provisions
920	affording which afford each publisher or manufacturer or his or
921	her representative an opportunity to provide a virtual
922	presentation to present to members of the state instructional
923	materials reviewers on committees the merits of each
924	instructional material submitted in each adoption.
925	(2)  SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.-
926	(a)  The department shall notify all publishers and
927	manufacturers of instructional materials who have submitted bids
928	that within 3 weeks after the deadline for receiving bids, at a
929	designated time and place, it will open the bids submitted and
930	deposited with it. At the time and place designated, the bids
931	shall be opened, read, and tabulated in the presence of the
932	bidders or their representatives. No one may revise his or her
933	bid after the bids have been filed. When all bids have been
934	carefully considered, the commissioner shall, from the list of
935	suitable, usable, and desirable instructional materials reported
936	by the state instructional materials reviewers committee, select
937	and adopt instructional materials for each grade and subject
938	field in the curriculum of public elementary, middle, and high
939	schools in which adoptions are made and in the subject areas
940	designated in the advertisement. The adoption shall continue for
941	the period specified in the advertisement, beginning on the
942	ensuing April 1. The adoption shall not prevent the extension of
943	a contract as provided in subsection (3). The commissioner shall
944	always reserve the right to reject any and all bids. The
945	commissioner may ask for new sealed bids from publishers or
946	manufacturers whose instructional materials were recommended by
947	the state instructional materials reviewers committee as
948	suitable, usable, and desirable; specify the dates for filing
949	such bids and the date on which they shall be opened; and
950	proceed in all matters regarding the opening of bids and the
951	awarding of contracts as required by this part. In all cases,
952	bids shall be accompanied by a cash deposit or certified check
953	of from $500 to $2,500, as the department commissioner may
954	direct. The department, in adopting instructional materials,
955	shall give due consideration both to the prices bid for
956	furnishing instructional materials and to the report and
957	recommendations of the state instructional materials reviewers
958	committee. When the commissioner has finished with the report of
959	the state instructional materials reviewers committee, the
960	report shall be filed and preserved with the department and
961	shall be available at all times for public inspection.
962	(b)  In the selection of instructional materials, library
963	media books, and other reading material used in the public
964	school system, the standards used to determine the propriety of
965	the material shall include:
966	1.  The age of the students who normally could be expected
967	to have access to the material.
968	2.  The educational purpose to be served by the material.
969	In considering instructional materials for classroom use,
970	priority shall be given to the selection of materials which
971	encompass the state and district school board performance
972	standards provided for in s. 1001.03(1) and which include the
973	instructional objectives contained within the curriculum
974	frameworks approved by rule of the State Board of Education.
975	3.  The degree to which the material would be supplemented
976	and explained by mature classroom instruction as part of a
977	normal classroom instructional program.
978	4.  The consideration of the broad racial, ethnic,
979	socioeconomic, and cultural diversity of the students of this
980	state.
981
982	Any instructional material No book or other material containing
983	hard-core pornography or otherwise prohibited by s. 847.012 may
984	not shall be used or made available within any public school
985	district.
986	(3)  CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.-As
987	soon as practicable after the commissioner has adopted any
988	instructional materials and all bidders that have secured the
989	adoption of any instructional materials have been notified
990	thereof by registered letter, the department of Legal Affairs
991	shall prepare a contract in proper form with every bidder
992	awarded the adoption of any instructional materials. Each
993	contract shall be executed by the commissioner Governor and
994	Secretary of State under the seal of the state, one copy to be
995	kept by the contractor, one copy to be filed with the Department
996	of State, and one copy to be filed with the department. After
997	giving due consideration to comments by the district school
998	boards, the commissioner, with the agreement of the publisher,
999	may extend or shorten a contract period for a period not to
1000	exceed 2 years; and the terms of any such contract shall remain
1001	the same as in the original contract. Any publisher or
1002	manufacturer to whom any contract is let under this part must
1003	give bond in such amount as the department commissioner
1004	requires, payable to the state, conditioned for the faithful,
1005	honest, and exact performance of the contract. The bond must
1006	provide for the payment of reasonable attorney's fees in case of
1007	recovery in any suit thereon. The surety on the bond must be a
1008	guaranty or surety company lawfully authorized to do business in
1009	the state; however, the bond shall not be exhausted by a single
1010	recovery but may be sued upon from time to time until the full
1011	amount thereof is recovered, and the department may at any time,
1012	after giving 30 days' notice, require additional security or
1013	additional bond. The form of any bond or bonds or contract or
1014	contracts under this part shall be prepared and approved by the
1015	department of Legal Affairs. At the discretion of the department
1016	commissioner, a publisher or manufacturer to whom any contract
1017	is let under this part may be allowed a cash deposit in lieu of
1018	a bond, conditioned for the faithful, honest, and exact
1019	performance of the contract. The cash deposit, payable to the
1020	department, shall be placed in the Textbook Bid Trust Fund. The
1021	department may recover damages on the cash deposit given by the
1022	contractor for failure to furnish instructional materials, the
1023	sum recovered to inure to the General Revenue Fund.
1024	(7)  FORFEITURE OF CONTRACT AND BOND.-If any publisher or
1025	manufacturer of instructional materials fails or refuses to
1026	furnish a book, or books, or other instructional materials as
1027	provided in the contract, the publisher's or manufacturer's his
1028	or her bond is forfeited and the commissioner must department
1029	shall make another contract on such terms as it may find
1030	desirable, after giving due consideration to the recommendations
1031	of the commissioner.
1032	Section 18.  Subsection (2) of section 1006.35, Florida
1033	Statutes, is amended to read:
1034	1006.35  Accuracy of instructional materials.-
1035	(2)  When errors in state-adopted materials are confirmed,
1036	the publisher of the materials shall provide to each district
1037	school board that has purchased the materials the corrections in
1038	a format approved by the department commissioner.
1039	Section 19.  Section 1006.36, Florida Statutes, is amended
1040	to read:
1041	1006.36  Term of adoption for instructional materials.-
1042	(1)  The term of adoption of any instructional materials
1043	must be a 5-year 6-year period beginning on April 1 following
1044	the adoption, except that the commissioner may approve terms of
1045	adoption of less than 5 6 years for materials in content areas
1046	which require more frequent revision. Any contract for
1047	instructional materials may be extended as prescribed in s.
1048	1006.34(3).
1049	(2)  The department shall publish annually an official
1050	schedule of subject areas to be called for adoption for each of
1051	the succeeding 2 years, and a tentative schedule for years 3, 4,
1052	and 5, and 6. If extenuating circumstances warrant, the
1053	commissioner may order the department to add one or more subject
1054	areas to the official schedule and, in which event the
1055	commissioner shall develop criteria for such additional subject
1056	area or areas and make them available to publishers as soon as
1057	practicable before the date on which bids are due. The schedule
1058	shall be developed so as to promote balance among the subject
1059	areas so that the required expenditure for new instructional
1060	materials is approximately the same each year in order to
1061	maintain curricular consistency.
1062	Section 20.  Subsections (2), (3), (5), and (14) through
1063	(17) of section 1006.38, Florida Statutes, are amended to read:
1064	1006.38  Duties, responsibilities, and requirements of
1065	instructional materials publishers and manufacturers.-Publishers
1066	and manufacturers of instructional materials, or their
1067	representatives, shall:
1068	(2)  Electronically deliver fully developed sample specimen
1069	copies of all instructional materials upon which bids are based
1070	to the department pursuant to procedures adopted by the State
1071	Board of Education each member of a state instructional
1072	materials committee. At the conclusion of the review process,
1073	manufacturers submitting samples of instructional materials are
1074	entitled to the return thereof, at the expense of the
1075	manufacturers; or, in the alternative, the manufacturers are
1076	entitled to reimbursement by the individual committee members
1077	for the retail value of the samples.
1078	(3)  Submit, at a time designated in s. 1006.33, the
1079	following information:
1080	(a)  Detailed specifications of the physical
1081	characteristics of the instructional materials, including any
1082	software or technological tools required for use by the
1083	district, school, teachers, or students. The publisher or
1084	manufacturer shall comply with these specifications if the
1085	instructional materials are adopted and purchased in completed
1086	form.
1087	(b)  Evidence Written proof that the publisher has provided
1088	materials that address the written correlations to appropriate
1089	curricular objectives included within applicable performance
1090	standards provided for in s. 1001.03(1) and that can be accessed
1091	through the district's local instructional improvement system
1092	and a variety of electronic, digital, and mobile devices.
1093	(5)  Furnish the instructional materials offered by them at
1094	a price in the state which, including all costs of electronic
1095	transmission transportation to their depositories, may shall not
1096	exceed the lowest price at which they offer such instructional
1097	materials for adoption or sale to any state or school district
1098	in the United States.
1099	(14)  For all other subject areas, maintain in the
1100	depository an inventory of instructional materials sufficient to
1101	receive and fill orders.
1102	(14)(15)  Accurately and fully disclose only the names of
1103	those persons who actually authored the instructional materials.
1104	In addition to the penalties provided in subsection (16) (17),
1105	the commissioner may remove from the list of state-adopted
1106	instructional materials those instructional materials whose
1107	publisher or manufacturer misleads the purchaser by falsely
1108	representing genuine authorship.
1109	(15)(16)  Grant, without prior written request, for any
1110	copyright held by the publisher or its agencies automatic
1111	permission to the department or its agencies for the
1112	reproduction of instructional materials textbooks and
1113	supplementary materials in braille, or large print, or other
1114	appropriate format in the form of sound recordings, for use by
1115	visually impaired students or other students with disabilities
1116	that would benefit from use of the materials.
1117	(16)(17)  Upon the willful failure of the publisher or
1118	manufacturer to comply with the requirements of this section, be
1119	liable to the department in the amount of three 3 times the
1120	total sum which the publisher or manufacturer was paid in excess
1121	of the price required under subsections (5) and (6) and in the
1122	amount of three 3 times the total value of the instructional
1123	materials and services which the district school board is
1124	entitled to receive free of charge under subsection (7).
1125	Section 21.  Subsection (5) of section 1006.39, Florida
1126	Statutes, is amended to read:
1127	1006.39  Production and dissemination of educational
1128	materials and products by department.-
1129	(5)  The department may shall not enter into the business
1130	of producing or publishing instructional materials textbooks, or
1131	the contents therein, for general use in classrooms.
1132	Section 22.  Subsection (2), paragraph (a) of subsection
1133	(3), and subsection (4) of section 1006.40, Florida Statutes,
1134	are amended to read:
1135	1006.40  Use of instructional materials allocation;
1136	instructional materials, library books, and reference books;
1137	repair of books.-
1138	(2)(a)  Each district school board must purchase current
1139	instructional materials to provide each student with a textbook
1140	or other instructional materials as a major tool of instruction
1141	in core courses of the appropriate subject areas of mathematics,
1142	language arts, science, social studies, reading, and literature
1143	for kindergarten through grade 12. Such purchase must be made
1144	within the first 2 years after the effective date of the
1145	adoption cycle; however, this requirement is waived for the
1146	adoption cycle occurring in the 2008-2009 academic year for
1147	schools within the district which are identified in the top four
1148	categories of schools pursuant to s. 1008.33, as amended by
1149	chapter 2009-144, Laws of Florida. The Commissioner of Education
1150	may provide a waiver of this requirement for the adoption cycle
1151	occurring in the 2008-2009 academic year if the district
1152	demonstrates that it has intervention and support strategies to
1153	address the particular needs of schools in the lowest two
1154	categories. Unless specifically provided for in the General
1155	Appropriations Act, the cost of instructional materials
1156	purchases required by this paragraph shall not exceed the amount
1157	of the district's allocation for instructional materials,
1158	pursuant to s. 1011.67, for the previous 2 years.
1159	(b)  The requirement in paragraph (a) does not apply to
1160	contracts in existence before April 1, 2000, or to a purchase
1161	related to growth of student membership in the district or for
1162	instructional materials maintenance needs.
1163	(3)(a)  By the 2013-2014 fiscal year, each district school
1164	board shall use at least 50 percent of the annual allocation for
1165	the purchase of digital or electronic instructional materials
1166	included on the state-adopted list, except as otherwise
1167	authorized in paragraphs (b) and (c). No less than 50 percent of
1168	the annual allocation shall be used to purchase items which will
1169	be used to provide instruction to students at the level or
1170	levels for which the materials are designed.
1171	(4)  Funds that are not used to purchase digital or
1172	electronic instructional materials may The funds described in
1173	subsection (3) which district school boards may use to purchase
1174	materials not on the state-adopted list shall be used for the
1175	purchase of instructional materials or other items having
1176	intellectual content which assist in the instruction of a
1177	subject or course. These items may be available in bound,
1178	unbound, kit, or package form and may consist of hardbacked or
1179	softbacked textbooks, electronic content, replacements for items
1180	which were part of previously purchased instructional materials,
1181	consumables, learning laboratories, manipulatives, electronic
1182	media, computer courseware or software, and other commonly
1183	accepted instructional tools as prescribed by district school
1184	board rule. The funds available to district school boards for
1185	the purchase of materials not on the state-adopted list may not
1186	be used to purchase electronic or computer hardware even if such
1187	hardware is bundled with software or other electronic media
1188	unless the district school board has complied with the
1189	requirements in s. 1011.62(6)(b)5., nor may such funds be used
1190	to purchase equipment or supplies. However, when authorized to
1191	do so in the General Appropriations Act, a school or district
1192	school board may use a portion of the funds available to it for
1193	the purchase of materials not on the state-adopted list to
1194	purchase science laboratory materials and supplies.
1195	Section 23.  Section 1006.43, Florida Statutes, is
1196	repealed.
1197	Section 24.  Paragraphs (p) and (q) of subsection (1) and
1198	paragraph (b) of subsection (6) of section 1011.62, Florida
1199	Statutes, are amended to read:
1200	1011.62  Funds for operation of schools.-If the annual
1201	allocation from the Florida Education Finance Program to each
1202	district for operation of schools is not determined in the
1203	annual appropriations act or the substantive bill implementing
1204	the annual appropriations act, it shall be determined as
1205	follows:
1206	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1207	OPERATION.-The following procedure shall be followed in
1208	determining the annual allocation to each district for
1209	operation:
1210	(p)  Calculation of additional full-time equivalent
1211	membership based on certification of successful completion of
1212	industry-certified career and professional academy programs
1213	pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
1214	in the Industry Certified Funding List pursuant to rules adopted
1215	by the State Board of Education.-A maximum value of 0.3 full-
1216	time equivalent student membership shall be calculated for each
1217	student who completes an industry-certified career and
1218	professional academy program under ss. 1003.491, 1003.492, and
1219	1003.493 and who is issued the highest level of industry
1220	certification identified annually in the Industry Certification
1221	Funding List approved under rules adopted by the State Board of
1222	Education and a high school diploma. The value of the full-time
1223	equivalent student membership shall be determined by weights
1224	adopted by the State Board of Education pursuant to s. 1003.492.
1225	Such value shall be added to the total full-time equivalent
1226	student membership in secondary career education programs for
1227	grades 9 through 12 in the subsequent year for courses that were
1228	not funded through dual enrollment. The additional full-time
1229	equivalent membership authorized under this paragraph may not
1230	exceed 0.3 per student. Each district must allocate at least 80
1231	percent of the funds provided for industry certification, in
1232	accordance with this paragraph, to the program that generated
1233	the funds. Unless a different amount is specified in the General
1234	Appropriations Act, the appropriation for this calculation is
1235	limited to $15 million annually. If the appropriation is
1236	insufficient to fully fund the total calculation, the
1237	appropriation shall be prorated.
1238	(q)  Calculation of additional full-time equivalent
1239	membership for the Florida Virtual School.-
1240	1.  The reported full-time equivalent student membership
1241	for the Florida Virtual School for students who are also
1242	enrolled in a school district shall be multiplied by 0.114, and
1243	such value shall be added to the total full-time equivalent
1244	student membership.
1245	2.  Notwithstanding subparagraph 1., for the 2011-2012
1246	fiscal year, the reported full-time equivalent student
1247	membership for the Florida Virtual School for students who are
1248	also enrolled in a school district shall be multiplied by 0.228,
1249	and such value shall be added to the total full-time equivalent
1250	student membership.
1251	(6)  CATEGORICAL FUNDS.-
1252	(b)  If a district school board finds and declares in a
1253	resolution adopted at a regular meeting of the school board that
1254	the funds received for any of the following categorical
1255	appropriations are urgently needed to maintain school board
1256	specified academic classroom instruction, the school board may
1257	consider and approve an amendment to the school district
1258	operating budget transferring the identified amount of the
1259	categorical funds to the appropriate account for expenditure:
1260	1.  Funds for student transportation.
1261	2.  Funds for safe schools.
1262	3.  Funds for supplemental academic instruction.
1263	4.  Funds for research-based reading instruction.
1264	5.  Funds for instructional materials if all instructional
1265	material purchases necessary to provide updated materials
1266	aligned to Next Generation Sunshine State Standards and
1267	benchmarks and that meet statutory requirements of content and
1268	learning have been completed for that fiscal year, but no sooner
1269	than March 1, 2011. Funds available after March 1 may be used to
1270	purchase hardware for student instruction.
1271	Section 25.  Subsection (2) of section 1011.685, Florida
1272	Statutes, is amended to read:
1273	1011.685  Class size reduction; operating categorical
1274	fund.-
1275	(2)  Class size reduction operating categorical funds shall
1276	be used by school districts to reduce class size as required in
1277	s. 1003.03. A school district that meets the maximum class size
1278	requirements may use the funds, or the funds may be used for any
1279	lawful operating expenditure; however, priority shall be given
1280	to increasing salaries of classroom teachers.
1281	Section 26.  Paragraph (d) of subsection (2), paragraph (b)
1282	of subsection (3), and subsection (5) of section 1011.71,
1283	Florida Statutes, are amended to read:
1284	1011.71  District school tax.-
1285	(2)  In addition to the maximum millage levy as provided in
1286	subsection (1), each school board may levy not more than 1.5
1287	mills against the taxable value for school purposes for district
1288	schools, including charter schools at the discretion of the
1289	school board, to fund:
1290	(d)  The purchase, lease-purchase, or lease of new and
1291	replacement equipment; computer hardware, including electronic
1292	hardware and other hardware devices necessary for gaining access
1293	to or enhancing the use of electronic content and resources or
1294	to facilitate the access to and the use of a school district's
1295	local instructional improvement electronic learning management
1296	system pursuant to s. 1006.281, excluding software other than
1297	the operating system necessary to operate the hardware or
1298	device; and enterprise resource software applications that are
1299	classified as capital assets in accordance with definitions of
1300	the Governmental Accounting Standards Board, have a useful life
1301	of at least 5 years, and are used to support districtwide
1302	administration or state-mandated reporting requirements.
1303	(3)
1304	(b)  In addition to the millage authorized in this section,
1305	each district school board may, by a super majority vote, levy
1306	an additional 0.25 mills for critical capital outlay needs or
1307	for critical operating needs. If levied for capital outlay,
1308	expenditures shall be subject to the requirements of this
1309	section. If levied for operations, expenditures shall be
1310	consistent with the requirements for operating funds received
1311	pursuant to s. 1011.62. If the district levies this additional
1312	0.25 mills for operations, the compression adjustment pursuant
1313	to s. 1011.62(5) shall be calculated and added to the district's
1314	FEFP allocation. Millage levied pursuant to this paragraph is
1315	subject to the provisions of s. 200.065. In order to be
1316	continued after the 2010-2011 fiscal year, millage levied
1317	pursuant to this paragraph must be approved by the voters of the
1318	district at the 2010 general election or at a subsequent
1319	election held at any time, except that not more than one such
1320	election shall be held during any 12-month period. Any millage
1321	so authorized shall be levied for a period not in excess of 2
1322	years or until changed by another millage election, whichever is
1323	earlier. If any such election is invalidated by a court of
1324	competent jurisdiction, such invalidated election shall be
1325	considered not to have been held. This paragraph is repealed
1326	effective June 30, 2011. However, for the 2011-2012 and 2012-
1327	2013 fiscal years, the 0.25 mills may be levied in the districts
1328	in which it was authorized by the voters of the district in the
1329	2010 general election. Funds generated by this additional
1330	millage may not be included in the calculation of the Florida
1331	Education Finance Program in the 2011-2012 fiscal year or any
1332	subsequent fiscal year and must not be incorporated in the
1333	calculation of any hold-harmless or other component of the
1334	Florida Education Finance Program in any fiscal year.
1335	(5)  Effective July 1, 2008, a school district may expend,
1336	subject to the provisions of s. 200.065, up to $200 $100 per
1337	unweighted full-time equivalent student from the revenue
1338	generated by the millage levy authorized by subsection (2) to
1339	fund, in addition to expenditures authorized in paragraphs
1340	(2)(a)-(j), expenses for the following:
1341	(a)  The purchase, lease-purchase, or lease of driver's
1342	education vehicles; motor vehicles used for the maintenance or
1343	operation of plants and equipment; security vehicles; or
1344	vehicles used in storing or distributing materials and
1345	equipment.
1346	(b)  Payment of the cost of premiums, as defined in s.
1347	627.403, for property and casualty insurance necessary to insure
1348	school district educational and ancillary plants. As used in
1349	this paragraph, casualty insurance has the same meaning as in s.
1350	624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
1351	are made available through the payment of property and casualty
1352	insurance premiums from revenues generated under this subsection
1353	may be expended only for nonrecurring operational expenditures
1354	of the school district.
1355	Section 27.  If the Commissioner of Education determines
1356	that a school district acted in good faith, he or she may waive
1357	the equal-dollar reduction required in s. 1011.71, Florida
1358	Statutes, for audit findings during the 2008-2009 and 2009-2010
1359	fiscal years which were related to the purchase of software or
1360	the cost of premiums for property insurance and casualty
1361	insurance as defined in s. 624.605(1)(d), (f), (g), (h), and
1362	(m), Florida Statutes.
1363	Section 28.  This act shall take effect July 1, 2011.

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