SB 2120                                         Second Engrossed
       
       
       
       
       
       
       
       
       20112120e2
       
    1                        A bill to be entitled                      
    2         An act relating to K-12 education funding; amending s.
    3         213.053, F.S.; authorizing the Department of Revenue
    4         to provide certain information regarding the gross
    5         receipts tax to the State Board of Education, the
    6         Division of Bond Finance, and the Office of Economic
    7         and Demographic Research; amending s. 215.61, F.S.;
    8         requiring that, for purposes of servicing public
    9         education capital outlay bonds, the State Board of
   10         Education disregard the effects on the gross receipts
   11         tax revenues collected during a tax period of a refund
   12         resulting from a specified settlement agreement;
   13         amending s. 1001.10, F.S., relating to duties of the
   14         Commissioner of Education; conforming provisions to
   15         changes made by the act; amending s. 1001.25, F.S.;
   16         requiring that the Department of Education provide a
   17         means of extending educational services through
   18         educational television or other electronic media;
   19         amending s. 1001.271, F.S.; requiring that the
   20         Commissioner of Education facilitate and coordinate
   21         the use of the Florida Information Resource Network by
   22         school districts, educational institutions in the
   23         Florida College System, state universities, and other
   24         eligible users; amending s. 1001.28, F.S.; deleting a
   25         reference to the Florida Knowledge Network as it
   26         relates to the department’s distance learning duties;
   27         amending s. 1001.451, F.S.; revising provisions
   28         relating to incentive grants for regional consortium
   29         service organizations; authorizing regional consortium
   30         service organizations to use various means to generate
   31         revenue for future activities; amending s. 1002.33,
   32         F.S.; revising provisions relating to charter schools;
   33         providing for an additional student population to be
   34         included for enrollment in a charter school;
   35         authorizing a sponsor to withhold up to a specified
   36         percentage of the total administrative fee for
   37         services in higher performing charter schools;
   38         providing that a charter school system may be
   39         designated as a local educational agency for funding
   40         purposes if certain requirements are met; amending s.
   41         1002.34, F.S.; conforming a cross-reference; amending
   42         s. 1002.45, F.S., relating to school district virtual
   43         instruction programs; requiring school districts to
   44         expend certain funds for the district’s local
   45         instructional improvement system or other
   46         technological tools; amending s. 1002.55, F.S.;
   47         revising class size requirements for school-year
   48         private prekindergarten program providers; amending s.
   49         1002.63, F.S.; revising class size requirements for
   50         school-year prekindergarten programs delivered by
   51         public schools; amending s. 1002.71, F.S.; revising
   52         provisions relating to the amount of funds retained by
   53         an early learning coalition for the administration of
   54         prekindergarten education programs; amending s.
   55         1003.01, F.S.; redefining the terms “core-curricula
   56         courses” and “extracurricular courses”; amending s.
   57         1003.03, F.S.; deleting a reference to the State
   58         Constitution regarding class size maximums; requiring
   59         that class size maximums be satisfied on or before the
   60         October student membership survey each year; requiring
   61         that the class size maximums be maintained after the
   62         October student membership survey unless certain
   63         conditions occur; providing that a student who enrolls
   64         in a school after the October student membership
   65         survey may be assigned to classes that temporarily
   66         exceed class size maximums if the school board
   67         determines that not assigning the student would be
   68         impractical, educationally unsound, or disruptive to
   69         student learning; providing for a specified number of
   70         students to be assigned above the maximum if the
   71         district school board makes this determination;
   72         requiring that the district school board develop a
   73         plan providing that the school will be in full
   74         compliance with the maximum class size requirements by
   75         the next October student membership survey; requiring
   76         that the Department of Education identify from the
   77         Course Code Directory the core-curricula courses for
   78         the purpose of satisfying the maximum class size
   79         requirement; authorizing the department to adopt
   80         rules; creating s. 1003.4935, F.S.; requiring each
   81         district school board to include, as part of its 5
   82         year plan, a middle school career and professional
   83         academy in at least one middle school in the district;
   84         requiring that the middle school career and
   85         professional academy be aligned with at least one high
   86         school career and professional academy in the
   87         district; providing requirements for middle school
   88         career and professional academies; requiring that the
   89         Department of Education collect and report student
   90         achievement data for academy students; amending s.
   91         1004.02, F.S.; revising the definition of the term
   92         “adult student”; amending s. 1006.28, F.S., relating
   93         to K-12 instructional materials; conforming
   94         terminology to changes made by the act; amending s.
   95         1006.281, F.S.; defining the term “local instructional
   96         improvement system”; requiring each school district to
   97         provide teachers, administrators, students, and
   98         parents with access to a local instructional
   99         improvement system; providing requirements for the
  100         system; requiring the State Board of Education to
  101         adopt rules that include minimum standards for local
  102         instructional improvement systems; creating s.
  103         1006.282, F.S.; authorizing each district school board
  104         to designate schools to implement a pilot program for
  105         the transition to instructional materials in an
  106         electronic or digital format; providing requirements
  107         for the designation of pilot program schools;
  108         providing certain exemptions for such schools;
  109         requiring that the district school board report
  110         certain information regarding the pilot program to the
  111         department by a specified date each year; requiring
  112         that each district school board submit a review of the
  113         pilot program to the department, the Executive Office
  114         of the Governor, and the chairs of the legislative
  115         appropriations committees by a specified date each
  116         year; amending s. 1006.29, F.S.; deleting provisions
  117         requiring the appointment of instructional materials
  118         committees; providing for the Commissioner of
  119         Education to appoint experts to review instructional
  120         materials; providing for school districts to nominate
  121         teachers and supervisors to review recommendations by
  122         the state instructional materials reviewers; requiring
  123         that by a specified date all adopted instructional
  124         materials for students in kindergarten through grade
  125         12 be provided in an electronic or digital format;
  126         defining the terms “electronic format” and “digital
  127         format”; requiring that the department develop a
  128         training program for persons selected as instructional
  129         materials reviewers at the state and district levels;
  130         amending s. 1006.30, F.S.; revising the requirements
  131         for the affidavit to be filed with the department by
  132         each state instructional materials reviewer; amending
  133         s. 1006.31, F.S.; specifying duties of the state
  134         instructional materials reviewers; requiring that
  135         reviewers submit reports electronically; amending s.
  136         1006.32, F.S., relating to prohibited acts with
  137         respect to the review and selection of instructional
  138         materials; conforming provisions to changes made by
  139         the act; amending s. 1006.33, F.S.; revising the
  140         requirements for bids and proposals for instructional
  141         materials; requiring that the department adopt
  142         specifications for electronic and digital content;
  143         amending s. 1006.34, F.S.; requiring that the State
  144         Board of Education adopt rules for the evaluation of
  145         instructional materials; conforming provisions and
  146         terminology; amending s. 1006.35, F.S.; requiring that
  147         the department rather than the Commissioner of
  148         Education approve certain materials; amending s.
  149         1006.36, F.S.; reducing the length of the term of
  150         adoption for instructional materials; amending s.
  151         1006.38, F.S.; revising requirements for publishers
  152         and manufacturers of instructional materials;
  153         requiring that certain samples be delivered
  154         electronically to the department; amending s. 1006.39,
  155         F.S.; prohibiting the department from producing or
  156         publishing instructional materials; amending s.
  157         1006.40, F.S.; deleting obsolete provisions; requiring
  158         each district school board, by a certain date, to use
  159         a specified percentage of its annual allocation for
  160         the purchase of digital or electronic instructional
  161         materials; repealing s. 1006.43, F.S., relating to the
  162         department’s annual legislative budget request;
  163         amending s. 1011.62, F.S.; revising provisions
  164         relating to district funding for the operation of
  165         schools; deleting provisions relating to the
  166         coenrollment of high school students; providing the
  167         maximum full-time equivalent membership value for
  168         students completing an industry-certified career and
  169         professional academy program; requiring that the
  170         Department of Education assign the appropriate full
  171         time equivalent value for each certification based on
  172         rigor and employment value; requiring that the State
  173         Board of Education include the assigned values in the
  174         Industry Certification Funding List under rules
  175         adopted by the state board; deleting provisions
  176         providing for calculating an additional full-time
  177         equivalent membership for the Florida Virtual School;
  178         conforming a cross-reference; providing for certain
  179         amendments to the district’s operating budget;
  180         authorizing the Legislature to provide a virtual
  181         education contribution as a separate allocation in the
  182         Florida Education Finance Program; specifying a
  183         formula for calculating the virtual education
  184         contribution; creating s. 1011.621, F.S.; requiring
  185         that the Department of Education, upon request by a
  186         school district and verification by the Department of
  187         Juvenile Justice, direct a school district receiving
  188         funds through the Florida Education Finance Program to
  189         transfer a pro rata share of the funds to another
  190         district that served the same students during the same
  191         survey period but were unable to report the students
  192         for funding purposes; requiring that the amount of the
  193         transfer be based on the percentage of the survey
  194         period in which the students were served by each
  195         district; amending s. 1011.685, F.S.; revising
  196         provisions relating to class size reduction
  197         operational categorical funds; authorizing a school
  198         district that meets the maximum class size requirement
  199         to use the funds for any lawful operating expenditure;
  200         amending s. 1011.71, F.S.; revising provisions
  201         relating to the district school tax; conforming a
  202         cross-reference; providing for future expiration of
  203         provisions relating to additional millage levied by
  204         district school boards; authorizing district school
  205         boards to levy additional millage if approved by the
  206         voters; providing that the local funds generated by
  207         the additional millage not be included in the
  208         calculation of funding through the Florida Education
  209         Finance Program; clarifying the types of insurance
  210         premiums that may be paid from revenue generated by
  211         the levy; authorizing the Commissioner of Education to
  212         waive the equal-dollar reduction requirement for
  213         certain expenditures relating to the purchase of
  214         premiums for property and casualty insurance;
  215         providing for payment of awards for the 2010-2011
  216         fiscal year under the Merit Award Program for
  217         Instructional Personnel and School-Based
  218         Administrators, notwithstanding the discontinuation of
  219         the program; amending s. 1013.737, F.S.; changing the
  220         name of the Class Size Reduction Lottery Revenue Bond
  221         Program to the Class Size Reduction and Educational
  222         Facilities Lottery Revenue Bond Program; authorizing
  223         the issuance of educational facilities bonds;
  224         extending an exemption for educational facilities in a
  225         district designated as a Charter School District for
  226         purposes of the demolition and replacement of certain
  227         school buildings; adopting by reference the alternate
  228         compliance calculation amounts to the class size
  229         operating categorical, as submitted by the Governor on
  230         behalf of the Department of Education for approval by
  231         the Legislative Budget Commission; requiring that the
  232         Commissioner of Education modify payments to school
  233         districts for the 2010-2011 fiscal year consistent
  234         with the amendment; providing effective dates.
  235  
  236  Be It Enacted by the Legislature of the State of Florida:
  237  
  238         Section 1. Paragraph (dd) is added to subsection (8) of
  239  section 213.053, Florida Statutes, as amended by chapter 2010
  240  280, Laws of Florida, to read:
  241         213.053 Confidentiality and information sharing.—
  242         (8) Notwithstanding any other provision of this section,
  243  the department may provide:
  244         (dd) Information relative to s. 215.61(6) to the State
  245  Board of Education, the Division of Bond Finance, and the Office
  246  of Economic and Demographic Research.
  247  
  248  Disclosure of information under this subsection shall be
  249  pursuant to a written agreement between the executive director
  250  and the agency. Such agencies, governmental or nongovernmental,
  251  shall be bound by the same requirements of confidentiality as
  252  the Department of Revenue. Breach of confidentiality is a
  253  misdemeanor of the first degree, punishable as provided by s.
  254  775.082 or s. 775.083.
  255         Section 2. Subsection (6) is added to section 215.61,
  256  Florida Statutes, to read:
  257         215.61 State system of public education capital outlay
  258  bonds.—
  259         (6) In making the determination as required by subsection
  260  (3) of the amount that can be serviced by the gross receipts
  261  tax, the State Board of Education shall disregard the effects on
  262  the reported gross receipts tax revenues collected during a tax
  263  period of any refund paid by the Department of Revenue as a
  264  direct result of a refund request made pursuant to the
  265  settlement reached in In re: AT&T Mobility Wireless Data
  266  Services Sales Litigation, 270 F.R.D. 330, (Aug. 11, 2010). The
  267  Department of Revenue shall provide to the State Board of
  268  Education, the Division of Bond Finance, and the Office of
  269  Economic and Demographic Research the amount of any such refund
  270  and the tax period in which the refund is included.
  271         Section 3. Paragraph (o) of subsection (6) of section
  272  1001.10, Florida Statutes, is amended to read:
  273         1001.10 Commissioner of Education; general powers and
  274  duties.—
  275         (6) Additionally, the commissioner has the following
  276  general powers and duties:
  277         (o) To develop criteria for use by state instructional
  278  materials reviewers committees in evaluating materials submitted
  279  for adoption consideration. The criteria shall, as appropriate,
  280  be based on instructional expectations reflected in curriculum
  281  frameworks and student performance standards. The criteria for
  282  each subject or course shall be made available to publishers of
  283  instructional materials pursuant to the requirements of chapter
  284  1006.
  285         Section 4. Paragraph (b) of subsection (2) of section
  286  1001.25, Florida Statutes, is amended to read:
  287         1001.25 Educational television.—
  288         (2) POWERS OF DEPARTMENT.—
  289         (b) The department shall provide through educational
  290  television or and other electronic media a means of extending
  291  educational services to all the state system of public
  292  education, except the state universities, which provision by the
  293  department is limited by paragraph (c) and by s. 1001.26(1). The
  294  department shall recommend to the State Board of Education rules
  295  necessary to provide such services.
  296         Section 5. Section 1001.271, Florida Statutes, is amended
  297  to read:
  298         1001.271 Florida Information Resource Network.—The
  299  Commissioner of Education shall facilitate and coordinate the
  300  use of the Florida Information Resource Network by school
  301  districts, educational institutions in the Florida College
  302  System, universities, and other eligible users. Upon requisition
  303  by school districts, community colleges, universities, or other
  304  eligible users of the Florida Information Resource Network, the
  305  Commissioner of Education shall purchase the nondiscounted
  306  portion of Internet access services, including, but not limited
  307  to, circuits, encryption, content filtering, support, and any
  308  other services needed for the effective and efficient operation
  309  of the network. For the 2009-2010 fiscal year, each school
  310  district, the Florida School for the Deaf and the Blind, and the
  311  regional educational consortia eligible for the e-rate must
  312  submit a requisition to the Commissioner of Education for at
  313  least the same level of Internet access services used through
  314  the Florida Information Resource Network contract in the 2008
  315  2009 fiscal year. Each user shall identify in its requisition
  316  the source of funds from which the commissioner is to make
  317  payments.
  318         Section 6. Subsection (2) of section 1001.28, Florida
  319  Statutes, is amended to read:
  320         1001.28 Distance learning duties.—The duties of the
  321  Department of Education concerning distance learning include,
  322  but are not limited to, the duty to:
  323         (2) Coordinate the use of existing resources, including,
  324  but not limited to, the state’s satellite transponders, the
  325  Florida Information Resource Network (FIRN), the Florida
  326  Knowledge Network, and distance learning initiatives.
  327  
  328  Nothing in this section shall be construed to abrogate,
  329  supersede, alter, or amend the powers and duties of any state
  330  agency, district school board, community college board of
  331  trustees, university board of trustees, the Board of Governors,
  332  or the State Board of Education.
  333         Section 7. Paragraph (a) of subsection (2) of section
  334  1001.451, Florida Statutes, is amended, and subsection (5) is
  335  added to that section, to read:
  336         1001.451 Regional consortium service organizations.—In
  337  order to provide a full range of programs to larger numbers of
  338  students, minimize duplication of services, and encourage the
  339  development of new programs and services:
  340         (2)(a) Each regional consortium service organization that
  341  consists of four or more school districts is eligible to
  342  receive, through the Department of Education, subject to the
  343  funds provided in the General Appropriations Act, an incentive
  344  grant of $50,000 per school district and eligible member to be
  345  used for the delivery of services within the participating
  346  school districts. The determination of services and use of such
  347  funds shall be established by the board of directors of the
  348  regional consortium service organization. The funds shall be
  349  distributed to each regional consortium service organization no
  350  later than 30 days following the release of the funds to the
  351  department.
  352         (5) The board of directors of a regional consortium service
  353  organization may use various means to generate revenue in
  354  support of its activities. The board of directors may acquire,
  355  enjoy, use, and dispose of patents, copyrights, and trademarks
  356  and any licenses and other rights or interests thereunder or
  357  therein. Ownership of all such patents, copyrights, trademarks,
  358  licenses, and rights or interests thereunder or therein shall
  359  vest in the state, with the board of directors having full right
  360  of use and full right to retain the revenues derived therefrom.
  361  Any funds realized from patents, copyrights, trademarks, or
  362  licenses shall be considered internal funds as provided in s.
  363  1011.07. Such funds shall be used to support the organization’s
  364  marketing and research and development activities in order to
  365  improve and increase services to its member districts.
  366         Section 8. Paragraph (e) of subsection (10), subsection
  367  (19), and paragraph (a) of subsection (20) of section 1002.33,
  368  Florida Statutes, are amended, present subsections (25) and (26)
  369  of that section are redesignated as subsections (26) and (27),
  370  respectively, and a new subsection (25) is added to that
  371  section, to read:
  372         1002.33 Charter schools.—
  373         (10) ELIGIBLE STUDENTS.—
  374         (e) A charter school may limit the enrollment process only
  375  to target the following student populations:
  376         1. Students within specific age groups or grade levels.
  377         2. Students considered at risk of dropping out of school or
  378  academic failure. Such students shall include exceptional
  379  education students.
  380         3. Students enrolling in a charter school-in-the-workplace
  381  or charter school-in-a-municipality established pursuant to
  382  subsection (15).
  383         4. Students residing within a reasonable distance of the
  384  charter school, as described in paragraph (20)(c). Such students
  385  shall be subject to a random lottery and to the racial/ethnic
  386  balance provisions described in subparagraph (7)(a)8. or any
  387  federal provisions that require a school to achieve a
  388  racial/ethnic balance reflective of the community it serves or
  389  within the racial/ethnic range of other public schools in the
  390  same school district.
  391         5. Students who meet reasonable academic, artistic, or
  392  other eligibility standards established by the charter school
  393  and included in the charter school application and charter or,
  394  in the case of existing charter schools, standards that are
  395  consistent with the school’s mission and purpose. Such standards
  396  shall be in accordance with current state law and practice in
  397  public schools and may not discriminate against otherwise
  398  qualified individuals.
  399         6. Students articulating from one charter school to another
  400  pursuant to an articulation agreement between the charter
  401  schools that has been approved by the sponsor.
  402         7. Students living in a development in which a business
  403  entity provides the school facility and related property having
  404  an appraised value of at least $10 million to be used as a
  405  charter school for the development. Students living in the
  406  development shall be entitled to 50 percent of the student
  407  stations in the charter school. The students who are eligible
  408  for enrollment are subject to a random lottery, the
  409  racial/ethnic balance provisions, or any federal provisions, as
  410  described in subparagraph 4. The remainder of the student
  411  stations shall be filled in accordance with subparagraph 4.
  412         (19) CAPITAL OUTLAY FUNDING.—Charter schools are eligible
  413  for capital outlay funds pursuant to s. 1013.62. Capital outlay
  414  funds authorized in ss. s. 1011.71(2) and 1013.62 which that
  415  have been shared with a charter school-in-the-workplace prior to
  416  July 1, 2010, are deemed to have met the authorized expenditure
  417  requirements for such funds.
  418         (20) SERVICES.—
  419         (a)1. A sponsor shall provide certain administrative and
  420  educational services to charter schools. These services shall
  421  include contract management services; full-time equivalent and
  422  data reporting services; exceptional student education
  423  administration services; services related to eligibility and
  424  reporting duties required to ensure that school lunch services
  425  under the federal lunch program, consistent with the needs of
  426  the charter school, are provided by the school district at the
  427  request of the charter school, that any funds due to the charter
  428  school under the federal lunch program be paid to the charter
  429  school as soon as the charter school begins serving food under
  430  the federal lunch program, and that the charter school is paid
  431  at the same time and in the same manner under the federal lunch
  432  program as other public schools serviced by the sponsor or the
  433  school district; test administration services, including payment
  434  of the costs of state-required or district-required student
  435  assessments; processing of teacher certificate data services;
  436  and information services, including equal access to student
  437  information systems that are used by public schools in the
  438  district in which the charter school is located. Student
  439  performance data for each student in a charter school,
  440  including, but not limited to, FCAT scores, standardized test
  441  scores, previous public school student report cards, and student
  442  performance measures, shall be provided by the sponsor to a
  443  charter school in the same manner provided to other public
  444  schools in the district.
  445         2. A total administrative fee for the provision of such
  446  services shall be calculated based upon up to 5 percent of the
  447  available funds defined in paragraph (17)(b) for all students.
  448  However, a sponsor may only withhold up to a 5-percent
  449  administrative fee for enrollment for up to and including 250
  450  students. For charter schools with a population of 251 or more
  451  students, the difference between the total administrative fee
  452  calculation and the amount of the administrative fee withheld
  453  may only be used for capital outlay purposes specified in s.
  454  1013.62(2).
  455         3. For high performing charter schools, as defined in
  456  Senate Bill 1546, a sponsor may withhold a total administrative
  457  fee of up to 2 percent for enrollment up to and including 250
  458  students per school.
  459         4.3. In addition, a sponsor may withhold only up to a 5
  460  percent administrative fee for enrollment for up to and
  461  including 500 students within a system of charter schools which
  462  meets all of the following:
  463         a. Includes both conversion charter schools and
  464  nonconversion charter schools;
  465         b. Has all schools located in the same county;
  466         c. Has a total enrollment exceeding the total enrollment of
  467  at least one school district in the state;
  468         d. Has the same governing board; and
  469         e. Does not contract with a for-profit service provider for
  470  management of school operations.
  471         5.4. The difference between the total administrative fee
  472  calculation and the amount of the administrative fee withheld
  473  pursuant to subparagraph 4. 3. may be used for instructional and
  474  administrative purposes as well as for capital outlay purposes
  475  specified in s. 1013.62(2).
  476         6. For a high performing charter school system that also
  477  meets the requirements in subparagraph 4., a sponsor may
  478  withhold a 2 percent administrative fee for enrollments up to
  479  and including 500 students per system.
  480         7.5. Each charter school shall receive 100 percent of the
  481  funds awarded to that school pursuant to s. 1012.225. Sponsors
  482  shall not charge charter schools any additional fees or
  483  surcharges for administrative and educational services in
  484  addition to the maximum 5-percent administrative fee withheld
  485  pursuant to this paragraph.
  486         (25) LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
  487  SCHOOL SYSTEMS.—A charter school system shall be designated a
  488  local educational agency for the purpose of receiving federal
  489  funds, the same as though the charter school system were a
  490  school district, if the governing board of the charter school
  491  system has adopted and filed a resolution with its sponsoring
  492  district school board and the Department of Education in which
  493  the governing board of the charter school system accepts the
  494  full responsibility for all local education agency requirements
  495  and the charter school system meets all of the following:
  496         (a) Includes both conversion charter schools and
  497  nonconversion charter schools;
  498         (b) Has all schools located in the same county;
  499         (c) Has a total enrollment exceeding the total enrollment
  500  of at least one school district in the state;
  501         (d) Has the same governing board; and
  502         (e) Does not contract with a for-profit service provider
  503  for management of school operations.
  504  
  505  Such designation does not apply to other provisions unless
  506  specifically provided in law.
  507         Section 9. Subsection (13) of section 1002.34, Florida
  508  Statutes, is amended to read:
  509         1002.34 Charter technical career centers.—
  510         (13) BOARD OF DIRECTORS AUTHORITY.—The board of directors
  511  of a center may decide matters relating to the operation of the
  512  school, including budgeting, curriculum, and operating
  513  procedures, subject to the center’s charter. The board of
  514  directors is responsible for performing the duties provided in
  515  s. 1002.345, including monitoring the corrective action plan.
  516  The board of directors must comply with s. 1002.33(26) s.
  517  1002.33(25).
  518         Section 10. Paragraph (e) is added to subsection (1) of
  519  section 1002.45, Florida Statutes, to read:
  520         1002.45 School district virtual instruction programs.—
  521         (1) PROGRAM.—
  522         (e)1. Each school district shall provide to the department
  523  by October 1, 2011, and by each October 1 thereafter, a copy of
  524  each contract and the amounts paid per unweighted full-time
  525  equivalent student for services procured pursuant to paragraph
  526  (c).
  527         2. Each school district shall expend the difference in
  528  funds provided for a student participating in the school
  529  district virtual instruction program pursuant to subsection (7)
  530  and the price paid for contracted services procured pursuant to
  531  paragraph (c) for the district’s local instructional improvement
  532  system pursuant to s. 1006.281 or other technological tools that
  533  are required to access electronic and digital instructional
  534  materials.
  535         Section 11. Paragraphs (c) and (f) of subsection (3) of
  536  section 1002.55, Florida Statutes, are amended to read:
  537         1002.55 School-year prekindergarten program delivered by
  538  private prekindergarten providers.—
  539         (3) To be eligible to deliver the prekindergarten program,
  540  a private prekindergarten provider must meet each of the
  541  following requirements:
  542         (c) The private prekindergarten provider must have, for
  543  each prekindergarten class of 11 children or fewer, at least one
  544  prekindergarten instructor who meets each of the following
  545  requirements:
  546         1. The prekindergarten instructor must hold, at a minimum,
  547  one of the following credentials:
  548         a. A child development associate credential issued by the
  549  National Credentialing Program of the Council for Professional
  550  Recognition; or
  551         b. A credential approved by the Department of Children and
  552  Family Services as being equivalent to or greater than the
  553  credential described in sub-subparagraph a.
  554  
  555  The Department of Children and Family Services may adopt rules
  556  under ss. 120.536(1) and 120.54 which provide criteria and
  557  procedures for approving equivalent credentials under sub
  558  subparagraph b.
  559         2. The prekindergarten instructor must successfully
  560  complete an emergent literacy training course approved by the
  561  department as meeting or exceeding the minimum standards adopted
  562  under s. 1002.59. This subparagraph does not apply to a
  563  prekindergarten instructor who successfully completes approved
  564  training in early literacy and language development under s.
  565  402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
  566  establishment of one or more emergent literacy training courses
  567  under s. 1002.59 or April 1, 2005, whichever occurs later.
  568         (f) Each of the private prekindergarten provider’s
  569  prekindergarten classes must be composed of at least 4 students
  570  but may not exceed 20 18 students. In order to protect the
  571  health and safety of students, each private prekindergarten
  572  provider must also provide appropriate adult supervision for
  573  students at all times and, for each prekindergarten class
  574  composed of 12 11 or more students, must have, in addition to a
  575  prekindergarten instructor who meets the requirements of
  576  paragraph (c), at least one adult prekindergarten instructor who
  577  is not required to meet those requirements but who must meet
  578  each requirement of paragraph (d). This paragraph does not
  579  supersede any requirement imposed on a provider under ss.
  580  402.301-402.319.
  581         Section 12. Subsection (7) of section 1002.63, Florida
  582  Statutes, is amended to read:
  583         1002.63 School-year prekindergarten program delivered by
  584  public schools.—
  585         (7) Each prekindergarten class in a public school
  586  delivering the school-year prekindergarten program must be
  587  composed of at least 4 students but may not exceed 20 18
  588  students. In order to protect the health and safety of students,
  589  each school must also provide appropriate adult supervision for
  590  students at all times and, for each prekindergarten class
  591  composed of 12 11 or more students, must have, in addition to a
  592  prekindergarten instructor who meets the requirements of s.
  593  1002.55(3)(c), at least one adult prekindergarten instructor who
  594  is not required to meet those requirements but who must meet
  595  each requirement of subsection (5).
  596         Section 13. Subsection (7) of section 1002.71, Florida
  597  Statutes, is amended to read:
  598         1002.71 Funding; financial and attendance reporting.—
  599         (7) The Agency for Workforce Innovation shall require that
  600  administrative expenditures be kept to the minimum necessary for
  601  efficient and effective administration of the Voluntary
  602  Prekindergarten Education Program. Administrative policies and
  603  procedures shall be revised, to the maximum extent practicable,
  604  to incorporate the use of automation and electronic submission
  605  of forms, including those required for child eligibility and
  606  enrollment, provider and class registration, and monthly
  607  certification of attendance for payment. A school district may
  608  use its automated daily attendance reporting system for the
  609  purpose of transmitting attendance records to the early learning
  610  coalition in a mutually agreed-upon format. In addition, actions
  611  shall be taken to reduce paperwork, eliminate the duplication of
  612  reports, and eliminate other duplicative activities. Beginning
  613  with the 2011-2012 2010-2011 fiscal year, each early learning
  614  coalition may retain and expend no more than 4.0 4.5 percent of
  615  the funds paid by the coalition to private prekindergarten
  616  providers and public schools under paragraph (5)(b). Funds
  617  retained by an early learning coalition under this subsection
  618  may be used only for administering the Voluntary Prekindergarten
  619  Education Program and may not be used for the school readiness
  620  program or other programs.
  621         Section 14. Subsections (14) and (15) of section 1003.01,
  622  Florida Statutes, are amended to read:
  623         1003.01 Definitions.—As used in this chapter, the term:
  624         (14) “Core-curricula courses” means:
  625         (a) Courses in language arts/reading, mathematics, social
  626  studies, and science in prekindergarten through grade 3,
  627  excluding any extracurricular courses pursuant to subsection
  628  (15);
  629         (b) Courses in grades 4 through 8 in subjects that are
  630  measured by state assessment at any grade level and courses
  631  required for middle school promotion, excluding any
  632  extracurricular courses pursuant to subsection (15);
  633         (c) Courses in grades 9 through 12 in subjects that are
  634  measured by state assessment at any grade level and courses that
  635  are specifically identified by name in statute as required for
  636  high school graduation and that are not measured by state
  637  assessment, excluding any extracurricular courses pursuant to
  638  subsection (15);
  639         (d) Exceptional student education courses; and
  640         (e) English for Speakers of Other Languages courses.
  641  courses defined by the Department of Education as mathematics,
  642  language arts/reading, science, social studies, foreign
  643  language, English for Speakers of Other Languages, exceptional
  644  student education, and courses taught in traditional self
  645  contained elementary school classrooms.
  646  
  647  The term is limited in meaning and used for the sole purpose of
  648  designating classes that are subject to the maximum class size
  649  requirements established in s. 1, Art. IX of the State
  650  Constitution. This term does not include courses offered under
  651  ss. 1002.37, 1002.415, and 1002.45.
  652         (15) “Extracurricular courses” means all courses that are
  653  not defined as “core-curricula courses,” which may include, but
  654  are not limited to, physical education, fine arts, performing
  655  fine arts, and career education, and courses that may result in
  656  college credit. The term is limited in meaning and used for the
  657  sole purpose of designating classes that are not subject to the
  658  maximum class size requirements established in s. 1, Art. IX of
  659  the State Constitution.
  660         Section 15. Subsections (1) and (2) of section 1003.03,
  661  Florida Statutes, are amended, and subsection (6) is added to
  662  that section, to read:
  663         1003.03 Maximum class size.—
  664         (1) CONSTITUTIONAL CLASS SIZE MAXIMUMS.—Each year, on or
  665  before the October student membership survey, the following
  666  class size maximums shall be satisfied Pursuant to s. 1, Art. IX
  667  of the State Constitution, beginning in the 2010-2011 school
  668  year:
  669         (a) The maximum number of students assigned to each teacher
  670  who is teaching core-curricula courses in public school
  671  classrooms for prekindergarten through grade 3 may not exceed 18
  672  students.
  673         (b) The maximum number of students assigned to each teacher
  674  who is teaching core-curricula courses in public school
  675  classrooms for grades 4 through 8 may not exceed 22 students.
  676  The maximum number of students assigned to a core-curricula high
  677  school course in which a student in grades 4 through 8 is
  678  enrolled shall be governed by the requirements in paragraph (c).
  679         (c) The maximum number of students assigned to each teacher
  680  who is teaching core-curricula courses in public school
  681  classrooms for grades 9 through 12 may not exceed 25 students.
  682  
  683  These maximums shall be maintained after the October student
  684  membership survey, except as provided in paragraph (2)(b) or due
  685  to an extreme emergency beyond the control of the district
  686  school board.
  687         (2) IMPLEMENTATION.—
  688         (a) The Department of Education shall annually calculate
  689  class size measures described in subsection (1) based upon the
  690  October student membership survey.
  691         (b) A student who enrolls in a school after the October
  692  student membership survey may be assigned to an existing class
  693  that temporarily exceeds the maximum number of students in
  694  subsection (1) if the district school board determines it to be
  695  impractical, educationally unsound, or disruptive to student
  696  learning to not assign the student to the class. If the district
  697  school board makes this determination:
  698         1. Up to three students may be assigned to a teacher in
  699  kindergarten through grade 3 above the maximum as provided in
  700  paragraph (1)(a);
  701         2. Up to five students may be assigned to a teacher in
  702  grades 4 through 12 above the maximum as provided in paragraphs
  703  (1)(b) and (c), respectively; and
  704         3. The district school board shall develop a plan that
  705  provides that the school will be in full compliance with the
  706  maximum class size in subsection (1) by the next October student
  707  membership survey.
  708         (b) Prior to the adoption of the district school budget for
  709  2010-2011, each district school board shall hold public hearings
  710  and provide information to parents on the district’s website,
  711  and through any other means by which the district provides
  712  information to parents and the public, on the district’s
  713  strategies to meet the requirements in subsection (1).
  714         (6) COURSES FOR COMPLIANCE.—Consistent with the provisions
  715  in ss. 1003.01(14) and 1003.428, the Department of Education
  716  shall identify from the Course Code Directory the core-curricula
  717  courses for the purpose of satisfying the maximum class size
  718  requirement in this section. The department may adopt rules to
  719  implement this subsection, if necessary.
  720         Section 16. Section 1003.4935, Florida Statutes, is created
  721  to read:
  722         1003.4935 Middle school career and professional academy
  723  courses.—
  724         (1) Beginning with the 2011-2012 school year, each district
  725  school board, in collaboration with regional workforce boards,
  726  economic development agencies, and state-approved postsecondary
  727  institutions, shall include plans to implement a career and
  728  professional academy in at least one middle school in the
  729  district as part of the strategic 5-year plan pursuant to s.
  730  1003.491(2). The middle school career and professional academy
  731  component of the strategic plan must ensure the transition of
  732  middle school career and professional academy students to a high
  733  school career and professional academy currently operating
  734  within the school district. Students who complete a middle
  735  school career and professional academy must have the opportunity
  736  to earn an industry certificate and high school credit and
  737  participate in career planning, job shadowing, and business
  738  leadership development activities.
  739         (2) Each middle school career and professional academy must
  740  be aligned with at least one high school career and professional
  741  academy offered in the district and maintain partnerships with
  742  local business and industry and economic development boards.
  743  Middle school career and professional academies must:
  744         (a) Provide instruction in courses leading to careers in
  745  occupations designated as high growth, high demand, and high pay
  746  in the Industry Certification Funding List approved under rules
  747  adopted by the State Board of Education;
  748         (b) Offer career and professional academy courses that
  749  integrate content from core subject areas;
  750         (c) Offer courses that integrate career and professional
  751  academy content with intensive reading and mathematics pursuant
  752  to s. 1003.428;
  753         (d) Coordinate with high schools to maximize opportunities
  754  for middle school career and professional academy students to
  755  earn high school credit;
  756         (e) Provide access to virtual instruction courses provided
  757  by virtual education providers legislatively authorized to
  758  provide part-time instruction to middle school students. The
  759  virtual instruction courses must be aligned to state curriculum
  760  standards for middle school career and professional academy
  761  students, with priority given to students who have required
  762  course deficits;
  763         (f) Provide instruction from highly skilled professionals
  764  who hold industry certificates in the career area in which they
  765  teach;
  766         (g) Offer externships; and
  767         (h) Provide personalized student advisement that includes a
  768  parent-participation component.
  769         (3) Beginning with the 2012-2013 school year, if a school
  770  district implements a middle school career and professional
  771  academy, the Department of Education shall collect and report
  772  student achievement data pursuant to performance factors
  773  identified under s. 1003.492(3) for academy students.
  774         Section 17. Subsection (6) of section 1004.02, Florida
  775  Statutes, is amended to read:
  776         1004.02 Definitions.—As used in this chapter:
  777         (6) “Adult student” is a student who is beyond the
  778  compulsory school age and who has legally left elementary or
  779  secondary school, or a high school student who is taking an
  780  adult course required for high school graduation.
  781         Section 18. Subsection (1), paragraph (a) of subsection
  782  (2), and paragraphs (b) and (e) of subsection (3) of section
  783  1006.28, Florida Statutes, are amended to read:
  784         1006.28 Duties of district school board, district school
  785  superintendent; and school principal regarding K-12
  786  instructional materials.—
  787         (1) DISTRICT SCHOOL BOARD.—The district school board has
  788  the duty to provide adequate instructional materials for all
  789  students in accordance with the requirements of this part. The
  790  term “adequate instructional materials” means a sufficient
  791  number of student or site licenses textbooks or sets of
  792  materials that are available in bound, unbound, kit, or package
  793  form and may consist of hard-backed or soft-backed textbooks,
  794  electronic content, consumables, learning laboratories,
  795  manipulatives, electronic media, and computer courseware or
  796  software that serve as the basis for instruction for each
  797  student in the core courses of mathematics, language arts,
  798  social studies, science, reading, and literature, except for
  799  instruction for which the school advisory council approves the
  800  use of a program that does not include a textbook as a major
  801  tool of instruction. The district school board has the following
  802  specific duties:
  803         (a) Courses of study; adoption.—Adopt courses of study for
  804  use in the schools of the district.
  805         (b) Instructional materials Textbooks.—Provide for proper
  806  requisitioning, distribution, accounting, storage, care, and use
  807  of all instructional materials furnished by the state and
  808  furnish such other instructional materials as may be needed. The
  809  district school board shall ensure assure that instructional
  810  materials used in the district are consistent with the district
  811  goals and objectives and the curriculum frameworks adopted by
  812  rule of the State Board of Education, as well as with the state
  813  and district performance standards provided for in s.
  814  1001.03(1).
  815         (c) Other instructional materials.—Provide such other
  816  teaching accessories and aids as are needed for the school
  817  district’s educational program.
  818         (d) School library media services; establishment and
  819  maintenance.—Establish and maintain a program of school library
  820  media services for all public schools in the district, including
  821  school library media centers, or school library media centers
  822  open to the public, and, in addition such traveling or
  823  circulating libraries as may be needed for the proper operation
  824  of the district school system.
  825         (2) DISTRICT SCHOOL SUPERINTENDENT.—
  826         (a) The district school superintendent has the duty to
  827  recommend such plans for improving, providing, distributing,
  828  accounting for, and caring for instructional materials textbooks
  829  and other instructional aids as will result in general
  830  improvement of the district school system, as prescribed in this
  831  part, in accordance with adopted district school board rules
  832  prescribing the duties and responsibilities of the district
  833  school superintendent regarding the requisition, purchase,
  834  receipt, storage, distribution, use, conservation, records, and
  835  reports of, and management practices and property accountability
  836  concerning, instructional materials, and providing for an
  837  evaluation of any instructional materials to be requisitioned
  838  that have not been used previously in the district’s schools.
  839  The district school superintendent must keep adequate records
  840  and accounts for all financial transactions for funds collected
  841  pursuant to subsection (3), as a component of the educational
  842  service delivery scope in a school district best financial
  843  management practices review under s. 1008.35.
  844         (3) SCHOOL PRINCIPAL.—The school principal has the
  845  following duties for the management and care of instructional
  846  materials at the school:
  847         (b) Money collected for lost or damaged instructional
  848  materials books; enforcement.—The school principal shall collect
  849  from each student or the student’s parent the purchase price of
  850  any instructional material the student has lost, destroyed, or
  851  unnecessarily damaged and to report and transmit the money
  852  collected to the district school superintendent. The failure to
  853  collect such sum upon reasonable effort by the school principal
  854  may result in the suspension of the student from participation
  855  in extracurricular activities or satisfaction of the debt by the
  856  student through community service activities at the school site
  857  as determined by the school principal, pursuant to policies
  858  adopted by district school board rule.
  859         (e) Accounting for instructional materials textbooks.
  860  Principals shall see that all instructional materials books are
  861  fully and properly accounted for as prescribed by adopted rules
  862  of the district school board.
  863         Section 19. Section 1006.281, Florida Statutes, is amended
  864  to read:
  865         1006.281 Learning management systems.—
  866         (1) The term “local instructional improvement system” means
  867  a system that uses electronic and digital tools that provide
  868  teachers, administrators, students, and parents with data and
  869  resources to systematically manage continuous instructional
  870  improvement. The system supports relevant activities such as
  871  instructional planning, information gathering and analysis,
  872  rapid-time reporting, decisionmaking on appropriate
  873  instructional sequence, and evaluating the effectiveness of
  874  instruction. The system shall integrate instructional
  875  information with student-level data to provide predictions of
  876  future student achievement.
  877         (2)(1)Each school district shall provide teachers,
  878  administrators, students, and parents To ensure that all school
  879  districts have equitable access to a local instructional
  880  improvement system. The system must provide access to electronic
  881  and digital digitally rich instructional materials, districts
  882  are encouraged to provide access to an electronic learning
  883  management system that allows teachers, students, and parents to
  884  access, organize, and use electronically available instructional
  885  materials and teaching and learning tools and resources,
  886  including the ability for and that enables teachers and
  887  administrators to manage, assess, and track student learning.
  888         (3)(2)By June 30, 2014, a school district’s local
  889  instructional improvement system shall comply with minimum
  890  standards published by the Department of Education. The system
  891  must To the extent fiscally and technologically feasible, a
  892  school district’s electronic learning management system should
  893  allow for a single, authenticated sign-on and include the
  894  following functionality:
  895         (a) Vertically searches for, gathers, and organizes
  896  specific standards-based instructional materials.
  897         (b) Enables teachers to prepare lessons, individualize
  898  student instruction, and use best practices in providing
  899  instruction, including the ability to connect student assessment
  900  data with electronic and digital instructional materials.
  901         (c) Provides communication, including access to up-to-date
  902  student performance data, in order to help teachers and parents
  903  better serve the needs of students.
  904         (d) Provides access for administrators to ensure quality of
  905  instruction within every classroom.
  906         (e) Enables district staff to plan, create, and manage
  907  professional development and to connect professional development
  908  with staff information and student performance data.
  909         (f)(e) Provides access to multiple content providers and
  910  provides the ability to seamlessly connect the local
  911  instructional improvement system to electronic and digital
  912  content.
  913         (4)(3) The Department of Education shall provide advisory
  914  assistance as requested by school districts in their deployment
  915  of a local instructional improvement district electronic
  916  learning management system.
  917         (5) The State Board of Education shall adopt rules pursuant
  918  to ss. 120.536(1) and 120.54 to administer this section,
  919  including rules that establish minimum standards for a local
  920  instructional improvement system.
  921         Section 20. Section 1006.282, Florida Statutes, is created
  922  to read:
  923         1006.282 Pilot program for the transition to electronic and
  924  digital instructional materials.—
  925         (1) A district school board may designate pilot program
  926  schools to implement the transition to instructional materials
  927  that are in an electronic or a digital format as defined in s.
  928  1006.29(3).
  929         (2) A district school board may designate pilot program
  930  schools if the school district:
  931         (a) Implements a local instructional improvement system
  932  pursuant to s. 1006.281 which enables district staff to plan,
  933  create, and manage professional development and to connect
  934  professional development with staff information and student
  935  performance, provides the ability to seamlessly connect the
  936  system to electronic and digital instructional materials and the
  937  instructional materials to student assessment data, and includes
  938  the minimum standards published by the Department of Education.
  939         (b) Requests only the electronic or digital format of the
  940  sample copies of instructional materials submitted pursuant to
  941  s. 1006.33.
  942         (c) Uses at least 50 percent of the pilot program school’s
  943  annual allocation from the district for the purchase of
  944  electronic or digital instructional materials included on the
  945  state-adopted list.
  946         (3) A school designated as a pilot program school by the
  947  school board is exempt from:
  948         (a) Section 1006.40(2)(a), if the school provides
  949  comprehensive electronic or digital instructional materials to
  950  all students; and
  951         (b) Section 1006.37.
  952         (4) By August 1 of each year, beginning in 2011, the school
  953  board must report to the Department of Education the school or
  954  schools in its district which have been designated as pilot
  955  program schools. The department shall publish the list of pilot
  956  program schools on the department’s Internet website. The report
  957  must include:
  958         (a) The name of the pilot program school, the contact
  959  person and contact person information, and the grade or grades
  960  and associated course or courses included in the pilot program
  961  school.
  962         (b) A description of the type of technological tool or
  963  tools that will be used to access the electronic or digital
  964  instructional materials included in the pilot program school,
  965  whether district-owned or student-owned.
  966         (c) The projected costs and funding sources, which must
  967  include cost savings or cost avoidances, associated with the
  968  pilot program.
  969         (5) By September 1 of each year, beginning in 2012, each
  970  school board that has a designated pilot program school shall
  971  provide to the Department of Education, the Executive Office of
  972  the Governor, and the chairs of the appropriations committees of
  973  the Senate and the House of Representatives a review of the
  974  pilot program schools which must include, but need not be
  975  limited to:
  976         (a) Successful practices;
  977         (b) The average amount of online Internet time needed by a
  978  student to access and use the school’s electronic or digital
  979  instructional materials;
  980         (c) Lessons learned;
  981         (d) The level of investment and cost-effectiveness; and
  982         (e) Impacts on student performance.
  983         Section 21. Section 1006.29, Florida Statutes, is amended
  984  to read:
  985         1006.29 State instructional materials reviewers
  986  committees.—
  987         (1) Each school year, not later than April 15, the
  988  commissioner shall appoint state instructional materials
  989  committees composed of persons actively engaged in teaching or
  990  in the supervision of teaching in the public elementary, middle,
  991  or high schools and representing the major fields and levels in
  992  which instructional materials are used in the public schools
  993  and, in addition, lay citizens not professionally connected with
  994  education. Committee members shall receive training pursuant to
  995  subsection (5) in competencies related to the evaluation and
  996  selection of instructional materials.
  997         (a) There shall be 10 or more members on each committee: At
  998  least 50 percent of the members shall be classroom teachers who
  999  are certified in an area directly related to the academic area
 1000  or level being considered for adoption, 2 shall be laypersons, 1
 1001  shall be a district school board member, and 2 shall be
 1002  supervisors of teachers. The committee must have the capacity or
 1003  expertise to address the broad racial, ethnic, socioeconomic,
 1004  and cultural diversity of the state’s student population.
 1005  Personnel selected as teachers of the year at the school,
 1006  district, regional, or state level are encouraged to serve on
 1007  instructional materials committees.
 1008         (b) The membership of each committee must reflect the broad
 1009  racial, ethnic, socioeconomic, and cultural diversity of the
 1010  state, including a balanced representation from the state’s
 1011  geographic regions.
 1012         (1)(a)(c) The commissioner shall determine annually the
 1013  areas in which instructional materials shall be submitted for
 1014  adoption, taking into consideration the desires of the district
 1015  school boards. The commissioner shall also determine the number
 1016  of titles to be adopted in each area.
 1017         (b) By April 15 of each school year, the commissioner shall
 1018  appoint three state or national experts in the content areas
 1019  submitted for adoption to review the instructional materials and
 1020  evaluate the content for alignment with the applicable Next
 1021  Generation Sunshine State Standards. These reviewers shall be
 1022  designated as state instructional materials reviewers and shall
 1023  review the materials for the level of instructional support and
 1024  the accuracy and appropriateness of progression of introduced
 1025  content. Instructional materials shall be made electronically
 1026  available to the reviewers. The initial review of the materials
 1027  shall be made by only two of the three reviewers. If the two
 1028  reviewers reach different results, the third reviewer shall
 1029  break the tie. The reviewers shall independently make
 1030  recommendations to the commissioner regarding materials that
 1031  should be placed on the list of adopted materials through an
 1032  electronic feedback review system.
 1033         (c) The commissioner shall request each district school
 1034  superintendent to nominate one classroom teacher or district
 1035  level content supervisor to review two or three of the
 1036  submissions recommended by the state instructional materials
 1037  reviewers. School districts shall ensure that these district
 1038  reviewers are provided with the support and time necessary to
 1039  accomplish a thorough review of the instructional materials.
 1040  District reviewers shall independently rate the recommended
 1041  submissions on the instructional usability of the resources.
 1042         (2)(a) All appointments shall be as prescribed in this
 1043  section. No member shall serve more than two consecutive terms
 1044  on any committee. All appointments shall be for 18-month terms.
 1045  All vacancies shall be filled in the manner of the original
 1046  appointment for only the time remaining in the unexpired term.
 1047  At no time may a district school board have more than one
 1048  representative on a committee. The commissioner and a member of
 1049  the department whom he or she shall designate shall be
 1050  additional and ex officio members of each committee.
 1051         (b) The names and mailing addresses of the members of the
 1052  state instructional materials committees shall be made public
 1053  when appointments are made.
 1054         (c) The district school board shall be reimbursed for the
 1055  actual cost of substitute teachers for each workday that a
 1056  member of its instructional staff is absent from his or her
 1057  assigned duties for the purpose of rendering service to the
 1058  state instructional materials committee. In addition, committee
 1059  members shall be reimbursed for travel expenses and per diem in
 1060  accordance with s. 112.061 for actual service in meetings of
 1061  committees called by the commissioner. Payment of such travel
 1062  expenses shall be made from the appropriation for the
 1063  administration of the instructional materials program, on
 1064  warrants to be drawn by the Chief Financial Officer upon
 1065  requisition approved by the commissioner.
 1066         (d) Any member of a committee may be removed by the
 1067  commissioner for cause.
 1068         (3) All references in the law to the state instructional
 1069  materials committee shall apply to each committee created by
 1070  this section.
 1071         (2)(4) For purposes of state adoption, the term
 1072  “instructional materials” means items having intellectual
 1073  content that by design serve as a major tool for assisting in
 1074  the instruction of a subject or course. These items may be
 1075  available in bound, unbound, kit, or package form and may
 1076  consist of hardbacked or softbacked textbooks, electronic
 1077  content, consumables, learning laboratories, manipulatives,
 1078  electronic media, and computer courseware or software. A
 1079  publisher or manufacturer providing instructional materials as a
 1080  single bundle shall also make the instructional materials
 1081  available as separate and unbundled items, each priced
 1082  individually. A publisher may also offer sections of state
 1083  adopted instructional materials in digital or electronic
 1084  versions at reduced rates to districts, schools, and teachers.
 1085         (3) Beginning in the 2015-2016 academic year, all adopted
 1086  Any instructional materials adopted after 2012-2013 for students
 1087  in kindergarten grades 9 through grade 12 must shall also be
 1088  provided in an electronic or digital format. For purposes of
 1089  this section, the term:
 1090         (a) “Electronic format” means text-based or image-based
 1091  content in a form that is produced on, published by, and
 1092  readable on computers or other digital devices and is an
 1093  electronic version of a printed book, whether or not any printed
 1094  equivalent exists.
 1095         (b) “Digital format” means text-based or image-based
 1096  content in a form that provides the student with various
 1097  interactive functions; that can be searched, tagged,
 1098  distributed, and used for individualized and group learning;
 1099  that includes multimedia content such as video clips,
 1100  animations, and virtual reality; and that has the ability to be
 1101  accessed at any time and anywhere.
 1102  
 1103  The terms do term does not include electronic or computer
 1104  hardware even if such hardware is bundled with software or other
 1105  electronic media, nor does it include equipment or supplies.
 1106         (4)(5) The department shall develop a training program for
 1107  persons selected as state instructional materials reviewers and
 1108  school district reviewers to serve on state instructional
 1109  materials committees. The program shall be structured to assist
 1110  reviewers committee members in developing the skills necessary
 1111  to make valid, culturally sensitive, and objective decisions
 1112  regarding the content and rigor of instructional materials. All
 1113  persons serving as on instructional materials reviewers
 1114  committees must complete the training program prior to beginning
 1115  the review and selection process.
 1116         Section 22. Section 1006.30, Florida Statutes, is amended
 1117  to read:
 1118         1006.30 Affidavit of state instructional materials
 1119  reviewers committee members.—Before transacting any business,
 1120  each state instructional materials reviewer member of a state
 1121  committee shall make an affidavit, to be filed with the
 1122  department commissioner, that:
 1123         (1) The reviewer member will faithfully discharge the
 1124  duties imposed upon him or her as a member of the committee.
 1125         (2) The reviewer member has no interest, and while a member
 1126  of the committee he or she will assume no interest, in any
 1127  publishing or manufacturing organization that which produces or
 1128  sells instructional materials.
 1129         (3) The reviewer member is in no way connected, and while a
 1130  member of the committee he or she will assume no connection,
 1131  with the distribution of the instructional materials.
 1132         (4) The reviewer does not have any direct or indirect
 1133  pecuniary interest member is not pecuniarily interested, and
 1134  while a member of the committee he or she will assume no
 1135  pecuniary interest, directly or indirectly, in the business or
 1136  profits of any person engaged in manufacturing, publishing, or
 1137  selling instructional materials designed for use in the public
 1138  schools.
 1139         (5) The reviewer member will not accept any emolument or
 1140  promise of future reward of any kind from any publisher or
 1141  manufacturer of instructional materials or his or her agent or
 1142  anyone interested in, or intending to bias his or her judgment
 1143  in any way in, the selection of any materials to be adopted.
 1144         (6) The reviewer understands that it is unlawful for any
 1145  member of a state instructional materials committee to discuss
 1146  matters relating to instructional materials submitted for
 1147  adoption with any agent of a publisher or manufacturer of
 1148  instructional materials, either directly or indirectly, except
 1149  during the period when the publisher or manufacturer is
 1150  providing a presentation for the reviewer during his or her
 1151  review of the committee has been called into session for the
 1152  purpose of evaluating instructional materials submitted for
 1153  adoption. Such discussions shall be limited to official meetings
 1154  of the committee and in accordance with procedures prescribed by
 1155  the commissioner for that purpose.
 1156         Section 23. Section 1006.31, Florida Statutes, is amended
 1157  to read:
 1158         1006.31 Duties of each state instructional materials
 1159  reviewer committee.—The duties of each state instructional
 1160  materials reviewer committee are:
 1161         (1) PLACE AND TIME OF MEETING.—To meet at the call of the
 1162  commissioner, at a place in the state designated by him or her,
 1163  for the purpose of evaluating and recommending instructional
 1164  materials for adoption by the state. All meetings of state
 1165  instructional materials committees shall be announced publicly
 1166  in the Florida Administrative Weekly at least 2 weeks prior to
 1167  the date of convening. All meetings of the committees shall be
 1168  open to the public.
 1169         (2) ORGANIZATION.—To elect a chair and vice chair for each
 1170  adoption. An employee of the department shall serve as secretary
 1171  to the committee and keep an accurate record of its proceedings.
 1172  All records of committee motions and votes, and summaries of
 1173  committee debate shall be incorporated into a publishable
 1174  document and shall be available for public inspection and
 1175  duplication.
 1176         (1)(3) PROCEDURES.—To adhere to procedures prescribed by
 1177  the department commissioner for evaluating instructional
 1178  materials submitted by publishers and manufacturers in each
 1179  adoption.
 1180         (2)(4) EVALUATION OF INSTRUCTIONAL MATERIALS.—To evaluate
 1181  carefully all instructional materials submitted, in order to
 1182  ascertain which instructional materials, if any, submitted for
 1183  consideration best implement the selection criteria developed by
 1184  the department commissioner and those curricular objectives
 1185  included within applicable performance standards provided for in
 1186  s. 1001.03(1).
 1187         (a) When recommending instructional materials for use in
 1188  the schools, each reviewer committee shall include only
 1189  instructional materials that accurately portray the ethnic,
 1190  socioeconomic, cultural, and racial diversity of our society,
 1191  including men and women in professional, career, and executive
 1192  roles, and the role and contributions of the entrepreneur and
 1193  labor in the total development of this state and the United
 1194  States.
 1195         (b) When recommending instructional materials for use in
 1196  the schools, each reviewer committee shall include only
 1197  materials that which accurately portray, whenever appropriate,
 1198  humankind’s place in ecological systems, including the necessity
 1199  for the protection of our environment and conservation of our
 1200  natural resources and the effects on the human system of the use
 1201  of tobacco, alcohol, controlled substances, and other dangerous
 1202  substances.
 1203         (c) When recommending instructional materials for use in
 1204  the schools, each reviewer committee shall require such
 1205  materials as he or she it deems necessary and proper to
 1206  encourage thrift, fire prevention, and humane treatment of
 1207  people and animals.
 1208         (d) When recommending instructional materials for use in
 1209  the schools, each reviewer committee shall require, when
 1210  appropriate to the comprehension of students, that materials for
 1211  social science, history, or civics classes contain the
 1212  Declaration of Independence and the Constitution of the United
 1213  States. A reviewer may not recommend any No instructional
 1214  materials shall be recommended by any committee for use in the
 1215  schools which contain any matter reflecting unfairly upon
 1216  persons because of their race, color, creed, national origin,
 1217  ancestry, gender, or occupation.
 1218         (e) Any All instructional material materials recommended by
 1219  each reviewer committee for use in the schools shall be, to the
 1220  satisfaction of each reviewer committee, accurate, objective,
 1221  and current and suited to the needs and comprehension of
 1222  students at their respective grade levels. Reviewers
 1223  Instructional materials committees shall consider for adoption
 1224  materials developed for academically talented students such as
 1225  those enrolled in advanced placement courses.
 1226         (3)(5) REPORT OF REVIEWERS COMMITTEE.—Each committee, After
 1227  a thorough study of all data submitted on each instructional
 1228  material, to submit an electronic and after each member has
 1229  carefully evaluated each instructional material, shall present a
 1230  written report to the department commissioner. The Such report
 1231  shall be made public, and must shall include responses to each
 1232  section of the report format prescribed by the department.:
 1233         (a) A description of the procedures used in determining the
 1234  instructional materials to be recommended to the commissioner.
 1235         (b) Recommendations of instructional materials for each
 1236  grade and subject field in the curriculum of public elementary,
 1237  middle, and high schools in which adoptions are to be made. If
 1238  deemed advisable, the committee may include such other
 1239  information, expression of opinion, or recommendation as would
 1240  be helpful to the commissioner. If there is a difference of
 1241  opinion among the members of the committee as to the merits of
 1242  any instructional materials, any member may file an expression
 1243  of his or her individual opinion.
 1244  
 1245  The findings of the committees, including the evaluation of
 1246  instructional materials, shall be in sessions open to the
 1247  public. All decisions leading to determinations of the
 1248  committees shall be by roll call vote, and at no time will a
 1249  secret ballot be permitted.
 1250         Section 24. Section 1006.32, Florida Statutes, is amended
 1251  to read:
 1252         1006.32 Prohibited acts.—
 1253         (1) A No publisher or manufacturer of instructional
 1254  material, or any representative thereof, may not shall offer to
 1255  give any emolument, money, or other valuable thing, or any
 1256  inducement, to any district school board official or state
 1257  member of a state-level instructional materials reviewer
 1258  committee to directly or indirectly introduce, recommend, vote
 1259  for, or otherwise influence the adoption or purchase of any
 1260  instructional materials.
 1261         (2) A No district school board official or member of a
 1262  state instructional materials reviewer may not committee shall
 1263  solicit or accept any emolument, money, or other valuable thing,
 1264  or any inducement, to directly or indirectly introduce,
 1265  recommend, vote for, or otherwise influence the adoption or
 1266  purchase of any instructional material.
 1267         (3) A No district school board or publisher may not
 1268  participate in a pilot program of materials being considered for
 1269  adoption during the 18-month period before the official adoption
 1270  of the materials by the commissioner. Any pilot program during
 1271  the first 2 years of the adoption period must have the prior
 1272  approval of the commissioner.
 1273         (4) Any publisher or manufacturer of instructional
 1274  materials or representative thereof or any district school board
 1275  official or state instructional materials reviewer committee
 1276  member, who violates any provision of this section commits a
 1277  misdemeanor of the second degree, punishable as provided in s.
 1278  775.082 or s. 775.083. Any representative of a publisher or
 1279  manufacturer who violates any provision of this section, in
 1280  addition to any other penalty, shall be banned from practicing
 1281  business in the state for a period of 1 calendar year. Any
 1282  district school board official or state instructional materials
 1283  committee member who violates any provision of this section, in
 1284  addition to any other penalty, shall be removed from his or her
 1285  official position.
 1286         (5) This section does not prohibit Nothing in this section
 1287  shall be construed to prevent any publisher, manufacturer, or
 1288  agent from supplying, for purposes of examination, necessary
 1289  sample copies of instructional materials to any district school
 1290  board official or state instructional materials reviewer
 1291  committee member.
 1292         (6) This section does not prohibit Nothing in this section
 1293  shall be construed to prevent a district school board official
 1294  or state instructional materials reviewer committee member from
 1295  receiving sample copies of instructional materials.
 1296         (7) This section does not Nothing contained in this section
 1297  shall be construed to prohibit or restrict a district school
 1298  board official from receiving royalties or other compensation,
 1299  other than compensation paid to him or her as commission for
 1300  negotiating sales to district school boards, from the publisher
 1301  or manufacturer of instructional materials written, designed, or
 1302  prepared by such district school board official, and adopted by
 1303  the commissioner or purchased by any district school board. No
 1304  district school board official shall be allowed to receive
 1305  royalties on any materials not on the state-adopted list
 1306  purchased for use by his or her district school board.
 1307         (8) A No district school superintendent, district school
 1308  board member, teacher, or other person officially connected with
 1309  the government or direction of public schools may not shall
 1310  receive during the months actually engaged in performing duties
 1311  under his or her contract any private fee, gratuity, donation,
 1312  or compensation, in any manner whatsoever, for promoting the
 1313  sale or exchange of any instructional material school book, map,
 1314  or chart in any public school, or be an agent for the sale or
 1315  the publisher of any instructional material school textbook or
 1316  reference work, or have a direct or indirect pecuniary interest
 1317  be directly or indirectly pecuniarily interested in the
 1318  introduction of any such instructional material textbook, and
 1319  any such agency or interest shall disqualify any person so
 1320  acting or interested from holding any district school board
 1321  employment whatsoever, and the person commits a misdemeanor of
 1322  the second degree, punishable as provided in s. 775.082 or s.
 1323  775.083; however, provided that this subsection does shall not
 1324  prevent be construed as preventing the adoption of any
 1325  instructional material book written in whole or in part by a
 1326  Florida author.
 1327         Section 25. Paragraphs (b) and (e) of subsection (1) and
 1328  subsections (2) and (4) of section 1006.33, Florida Statutes,
 1329  are amended to read:
 1330         1006.33 Bids or proposals; advertisement and its contents.—
 1331         (1)
 1332         (b) The advertisement shall state that, beginning in 2010
 1333  2011, each bidder shall furnish electronic sample specimen
 1334  copies of all instructional materials submitted, at a time
 1335  designated by the department, which specimen copies shall be
 1336  identical with the copies approved and accepted by the members
 1337  of the state instructional materials reviewers committee, as
 1338  prescribed in this section, and with the copies furnished to the
 1339  department and district school superintendents, as provided in
 1340  this part. A school district may not request Any district school
 1341  superintendent who requires samples in addition to the
 1342  electronic sample copies format must request those samples
 1343  through the department.
 1344         (e) The advertisement shall give information regarding
 1345  digital as to how specifications that which have been adopted by
 1346  the department, including minimum format requirements that will
 1347  enable electronic and digital content to be accessed through the
 1348  district’s local instructional improvement system and a variety
 1349  of mobile, electronic, and digital devices. Beginning with
 1350  specifications released in 2014, the digital specifications
 1351  shall include requiring the capability for searching by state
 1352  standards and site and student-level licensing. Such digital
 1353  format specifications shall be appropriate for the
 1354  interoperability of the content. The department may not adopt
 1355  specifications that require the instructional materials to
 1356  include specific references to FCAT and Next Generation Sunshine
 1357  State Standards and benchmarks at the point of student use in
 1358  regard to paper, binding, cover boards, and mechanical makeup
 1359  can be secured. In adopting specifications, the department shall
 1360  make an exception for instructional materials that are college
 1361  level texts and that do not meet department physical
 1362  specifications for secondary materials, if the publisher
 1363  guarantees replacement during the term of the contract.
 1364         (2) The bids submitted shall be for furnishing the
 1365  designated materials in accordance with specifications of the
 1366  department. The bid shall state the lowest wholesale price at
 1367  which the materials will be furnished, at the time the adoption
 1368  period provided in the contract begins, delivered f.o.b. to the
 1369  Florida depository of the publisher, manufacturer, or bidder.
 1370         (4) Sample Specimen copies of all instructional materials
 1371  that have been made the bases of contracts under this part
 1372  shall, upon request for the purpose of public inspection, be
 1373  made available by the publisher to the department and the
 1374  district school superintendent of each district school board
 1375  that adopts the instructional materials from the state list upon
 1376  request for the purpose of public inspection. All contracts and
 1377  bonds executed under this part shall be signed in triplicate.
 1378  One copy of each contract and an original of each bid, whether
 1379  accepted or rejected, shall be preserved with the department for
 1380  at least 3 years after termination of the contract.
 1381         Section 26. Subsections (1), (2), (3), and (7) of section
 1382  1006.34, Florida Statutes, are amended to read:
 1383         1006.34 Powers and duties of the commissioner and the
 1384  department in selecting and adopting instructional materials.—
 1385         (1) PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.—The
 1386  State Board of Education shall adopt rules prescribing
 1387  commissioner shall prescribe the procedures by which the
 1388  department shall evaluate instructional materials submitted by
 1389  publishers and manufacturers in each adoption. Included in these
 1390  procedures shall be provisions affording which afford each
 1391  publisher or manufacturer or his or her representative an
 1392  opportunity to provide a virtual presentation to present to
 1393  members of the state instructional materials reviewers on
 1394  committees the merits of each instructional material submitted
 1395  in each adoption.
 1396         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
 1397         (a) The department shall notify all publishers and
 1398  manufacturers of instructional materials who have submitted bids
 1399  that within 3 weeks after the deadline for receiving bids, at a
 1400  designated time and place, it will open the bids submitted and
 1401  deposited with it. At the time and place designated, the bids
 1402  shall be opened, read, and tabulated in the presence of the
 1403  bidders or their representatives. No one may revise his or her
 1404  bid after the bids have been filed. When all bids have been
 1405  carefully considered, the commissioner shall, from the list of
 1406  suitable, usable, and desirable instructional materials reported
 1407  by the state instructional materials reviewers committee, select
 1408  and adopt instructional materials for each grade and subject
 1409  field in the curriculum of public elementary, middle, and high
 1410  schools in which adoptions are made and in the subject areas
 1411  designated in the advertisement. The adoption shall continue for
 1412  the period specified in the advertisement, beginning on the
 1413  ensuing April 1. The adoption shall not prevent the extension of
 1414  a contract as provided in subsection (3). The commissioner shall
 1415  always reserve the right to reject any and all bids. The
 1416  commissioner may ask for new sealed bids from publishers or
 1417  manufacturers whose instructional materials were recommended by
 1418  the state instructional materials reviewers committee as
 1419  suitable, usable, and desirable; specify the dates for filing
 1420  such bids and the date on which they shall be opened; and
 1421  proceed in all matters regarding the opening of bids and the
 1422  awarding of contracts as required by this part. In all cases,
 1423  bids shall be accompanied by a cash deposit or certified check
 1424  of from $500 to $2,500, as the department commissioner may
 1425  direct. The department, in adopting instructional materials,
 1426  shall give due consideration both to the prices bid for
 1427  furnishing instructional materials and to the report and
 1428  recommendations of the state instructional materials reviewers
 1429  committee. When the commissioner has finished with the report of
 1430  the state instructional materials reviewers committee, the
 1431  report shall be filed and preserved with the department and
 1432  shall be available at all times for public inspection.
 1433         (b) In the selection of instructional materials, library
 1434  media books, and other reading material used in the public
 1435  school system, the standards used to determine the propriety of
 1436  the material shall include:
 1437         1. The age of the students who normally could be expected
 1438  to have access to the material.
 1439         2. The educational purpose to be served by the material. In
 1440  considering instructional materials for classroom use, priority
 1441  shall be given to the selection of materials which encompass the
 1442  state and district school board performance standards provided
 1443  for in s. 1001.03(1) and which include the instructional
 1444  objectives contained within the curriculum frameworks approved
 1445  by rule of the State Board of Education.
 1446         3. The degree to which the material would be supplemented
 1447  and explained by mature classroom instruction as part of a
 1448  normal classroom instructional program.
 1449         4. The consideration of the broad racial, ethnic,
 1450  socioeconomic, and cultural diversity of the students of this
 1451  state.
 1452  
 1453  Any instructional No book or other material containing hard-core
 1454  pornography or otherwise prohibited by s. 847.012 may not shall
 1455  be used or made available within any public school district.
 1456         (3) CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.—As
 1457  soon as practicable after the commissioner has adopted any
 1458  instructional materials and all bidders that have secured the
 1459  adoption of any instructional materials have been notified
 1460  thereof by registered letter, the department of Legal Affairs
 1461  shall prepare a contract in proper form with every bidder
 1462  awarded the adoption of any instructional materials. Each
 1463  contract shall be executed by the commissioner Governor and
 1464  Secretary of State under the seal of the state, one copy to be
 1465  kept by the contractor, one copy to be filed with the Department
 1466  of State, and one copy to be filed with the department. After
 1467  giving due consideration to comments by the district school
 1468  boards, the commissioner, with the agreement of the publisher,
 1469  may extend or shorten a contract period for a period not to
 1470  exceed 2 years; and the terms of any such contract shall remain
 1471  the same as in the original contract. Any publisher or
 1472  manufacturer to whom any contract is let under this part must
 1473  give bond in such amount as the department commissioner
 1474  requires, payable to the state, conditioned for the faithful,
 1475  honest, and exact performance of the contract. The bond must
 1476  provide for the payment of reasonable attorney’s fees in case of
 1477  recovery in any suit thereon. The surety on the bond must be a
 1478  guaranty or surety company lawfully authorized to do business in
 1479  the state; however, the bond shall not be exhausted by a single
 1480  recovery but may be sued upon from time to time until the full
 1481  amount thereof is recovered, and the department may at any time,
 1482  after giving 30 days’ notice, require additional security or
 1483  additional bond. The form of any bond or bonds or contract or
 1484  contracts under this part shall be prepared and approved by the
 1485  department of Legal Affairs. At the discretion of the department
 1486  commissioner, a publisher or manufacturer to whom any contract
 1487  is let under this part may be allowed a cash deposit in lieu of
 1488  a bond, conditioned for the faithful, honest, and exact
 1489  performance of the contract. The cash deposit, payable to the
 1490  department, shall be placed in the Textbook Bid Trust Fund. The
 1491  department may recover damages on the cash deposit given by the
 1492  contractor for failure to furnish instructional materials, the
 1493  sum recovered to inure to the General Revenue Fund.
 1494         (7) FORFEITURE OF CONTRACT AND BOND.—If any publisher or
 1495  manufacturer of instructional materials fails or refuses to
 1496  furnish a book, or books, or other instructional materials as
 1497  provided in the contract, the publisher’s or manufacturer’s his
 1498  or her bond is forfeited and the commissioner must department
 1499  shall make another contract on such terms as it may find
 1500  desirable, after giving due consideration to the recommendations
 1501  of the commissioner.
 1502         Section 27. Subsection (2) of section 1006.35, Florida
 1503  Statutes, is amended to read:
 1504         1006.35 Accuracy of instructional materials.—
 1505         (2) When errors in state-adopted materials are confirmed,
 1506  the publisher of the materials shall provide to each district
 1507  school board that has purchased the materials the corrections in
 1508  a format approved by the department commissioner.
 1509         Section 28. Section 1006.36, Florida Statutes, is amended
 1510  to read:
 1511         1006.36 Term of adoption for instructional materials.—
 1512         (1) The term of adoption of any instructional materials
 1513  must be a 5-year 6-year period beginning on April 1 following
 1514  the adoption, except that the commissioner may approve terms of
 1515  adoption of less than 5 6 years for materials in content areas
 1516  which require more frequent revision. Any contract for
 1517  instructional materials may be extended as prescribed in s.
 1518  1006.34(3).
 1519         (2) The department shall publish annually an official
 1520  schedule of subject areas to be called for adoption for each of
 1521  the succeeding 2 years, and a tentative schedule for years 3, 4,
 1522  and 5, and 6. If extenuating circumstances warrant, the
 1523  commissioner may order the department to add one or more subject
 1524  areas to the official schedule, in which event the commissioner
 1525  shall develop criteria for such additional subject area or areas
 1526  and make them available to publishers as soon as practicable
 1527  before the date on which bids are due. The schedule shall be
 1528  developed so as to promote balance among the subject areas so
 1529  that the required expenditure for new instructional materials is
 1530  approximately the same each year in order to maintain curricular
 1531  consistency.
 1532         Section 29. Subsections (2), (3), (5), and (14) through
 1533  (17) of section 1006.38, Florida Statutes, are amended to read:
 1534         1006.38 Duties, responsibilities, and requirements of
 1535  instructional materials publishers and manufacturers.—Publishers
 1536  and manufacturers of instructional materials, or their
 1537  representatives, shall:
 1538         (2) Electronically deliver fully developed sample specimen
 1539  copies of all instructional materials upon which bids are based
 1540  to the department pursuant to procedures adopted by the State
 1541  Board of Education each member of a state instructional
 1542  materials committee. At the conclusion of the review process,
 1543  manufacturers submitting samples of instructional materials are
 1544  entitled to the return thereof, at the expense of the
 1545  manufacturers; or, in the alternative, the manufacturers are
 1546  entitled to reimbursement by the individual committee members
 1547  for the retail value of the samples.
 1548         (3) Submit, at a time designated in s. 1006.33, the
 1549  following information:
 1550         (a) Detailed specifications of the physical characteristics
 1551  of the instructional materials, including any software or
 1552  technological tools required for use by the district, school,
 1553  teachers, or students. The publisher or manufacturer shall
 1554  comply with these specifications if the instructional materials
 1555  are adopted and purchased in completed form.
 1556         (b) Evidence Written proof that the publisher has provided
 1557  materials that address the written correlations to appropriate
 1558  curricular objectives included within applicable performance
 1559  standards provided for in s. 1001.03(1) and that can be accessed
 1560  through the district’s local instructional improvement system
 1561  and a variety of electronic, digital, and mobile devices.
 1562         (5) Furnish the instructional materials offered by them at
 1563  a price in the state which, including all costs of electronic
 1564  transmission transportation to their depositories, may shall not
 1565  exceed the lowest price at which they offer such instructional
 1566  materials for adoption or sale to any state or school district
 1567  in the United States.
 1568         (14) For all other subject areas, maintain in the
 1569  depository an inventory of instructional materials sufficient to
 1570  receive and fill orders.
 1571         (14)(15) Accurately and fully disclose only the names of
 1572  those persons who actually authored the instructional materials.
 1573  In addition to the penalties provided in subsection (16) (17),
 1574  the commissioner may remove from the list of state-adopted
 1575  instructional materials those instructional materials whose
 1576  publisher or manufacturer misleads the purchaser by falsely
 1577  representing genuine authorship.
 1578         (15)(16) Grant, without prior written request, for any
 1579  copyright held by the publisher or its agencies automatic
 1580  permission to the department or its agencies for the
 1581  reproduction of instructional materials textbooks and
 1582  supplementary materials in braille, or large print, or other
 1583  appropriate format in the form of sound recordings, for use by
 1584  visually impaired students or other students with disabilities
 1585  that would benefit from use of the materials.
 1586         (16)(17) Upon the willful failure of the publisher or
 1587  manufacturer to comply with the requirements of this section, be
 1588  liable to the department in the amount of three 3 times the
 1589  total sum which the publisher or manufacturer was paid in excess
 1590  of the price required under subsections (5) and (6) and in the
 1591  amount of three 3 times the total value of the instructional
 1592  materials and services which the district school board is
 1593  entitled to receive free of charge under subsection (7).
 1594         Section 30. Subsection (5) of section 1006.39, Florida
 1595  Statutes, is amended to read:
 1596         1006.39 Production and dissemination of educational
 1597  materials and products by department.—
 1598         (5) The department shall not enter into the business of
 1599  producing or publishing instructional materials textbooks, or
 1600  the contents therein, for general use in classrooms.
 1601         Section 31. Subsection (2), paragraph (a) of subsection
 1602  (3), and subsection (4) of section 1006.40, Florida Statutes,
 1603  are amended to read:
 1604         1006.40 Use of instructional materials allocation;
 1605  instructional materials, library books, and reference books;
 1606  repair of books.—
 1607         (2)(a) Each district school board must purchase current
 1608  instructional materials to provide each student with a textbook
 1609  or other instructional materials as a major tool of instruction
 1610  in core courses of the appropriate subject areas of mathematics,
 1611  language arts, science, social studies, reading, and literature
 1612  for kindergarten through grade 12. Such purchase must be made
 1613  within the first 2 years after the effective date of the
 1614  adoption cycle; however, this requirement is waived for the
 1615  adoption cycle occurring in the 2008-2009 academic year for
 1616  schools within the district which are identified in the top four
 1617  categories of schools pursuant to s. 1008.33, as amended by
 1618  chapter 2009-144, Laws of Florida. The Commissioner of Education
 1619  may provide a waiver of this requirement for the adoption cycle
 1620  occurring in the 2008-2009 academic year if the district
 1621  demonstrates that it has intervention and support strategies to
 1622  address the particular needs of schools in the lowest two
 1623  categories. Unless specifically provided for in the General
 1624  Appropriations Act, the cost of instructional materials
 1625  purchases required by this paragraph shall not exceed the amount
 1626  of the district’s allocation for instructional materials,
 1627  pursuant to s. 1011.67, for the previous 2 years.
 1628         (b) The requirement in paragraph (a) does not apply to
 1629  contracts in existence before April 1, 2000, or to a purchase
 1630  related to growth of student membership in the district or for
 1631  instructional materials maintenance needs.
 1632         (3)(a) By the 2015-2016 fiscal year, each district school
 1633  board shall use at least 50 percent of the annual allocation for
 1634  the purchase of digital or electronic instructional materials
 1635  included on the state-adopted list, except as otherwise
 1636  authorized in paragraphs (b) and (c). No less than 50 percent of
 1637  the annual allocation shall be used to purchase items which will
 1638  be used to provide instruction to students at the level or
 1639  levels for which the materials are designed.
 1640         (4) The funds described in subsection (3) which district
 1641  school boards may use to purchase materials not on the state
 1642  adopted list shall be used for the purchase of instructional
 1643  materials or other items having intellectual content which
 1644  assist in the instruction of a subject or course. These items
 1645  may be available in bound, unbound, kit, or package form and may
 1646  consist of hardbacked or softbacked textbooks, electronic
 1647  content, replacements for items which were part of previously
 1648  purchased instructional materials, consumables, learning
 1649  laboratories, manipulatives, electronic media, computer
 1650  courseware or software, and other commonly accepted
 1651  instructional tools as prescribed by district school board rule.
 1652  The funds available to district school boards for the purchase
 1653  of materials not on the state-adopted list may not be used to
 1654  purchase electronic or computer hardware even if such hardware
 1655  is bundled with software or other electronic media unless the
 1656  district school board has complied with the requirements in s.
 1657  1011.62(6)(b)5., nor may such funds be used to purchase
 1658  equipment or supplies. However, when authorized to do so in the
 1659  General Appropriations Act, a school or district school board
 1660  may use a portion of the funds available to it for the purchase
 1661  of materials not on the state-adopted list to purchase science
 1662  laboratory materials and supplies.
 1663         Section 32. Section 1006.43, Florida Statutes, is repealed.
 1664         Section 33. Paragraphs (j) through (u) of subsection (1),
 1665  paragraph (a) of subsection (4), paragraph (b) of subsection
 1666  (6), and subsection (11) of section 1011.62, Florida Statutes,
 1667  are amended, present subsections (11) through (13) of that
 1668  section are redesignated as subsections (12) through (14),
 1669  respectively, and a new subsection (11) is added to that
 1670  section, to read:
 1671         1011.62 Funds for operation of schools.—If the annual
 1672  allocation from the Florida Education Finance Program to each
 1673  district for operation of schools is not determined in the
 1674  annual appropriations act or the substantive bill implementing
 1675  the annual appropriations act, it shall be determined as
 1676  follows:
 1677         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
 1678  OPERATION.—The following procedure shall be followed in
 1679  determining the annual allocation to each district for
 1680  operation:
 1681         (j) Coenrollment.—If a high school student wishes to earn
 1682  high school credits from a community college and enrolls in one
 1683  or more adult secondary education courses at the community
 1684  college, the community college shall be reimbursed for the costs
 1685  incurred because of the high school student’s coenrollment as
 1686  provided in the General Appropriations Act.
 1687         (j)(k)Instruction in exploratory career education.
 1688  Students in grades 7 through 12 who are enrolled for more than
 1689  four semesters in exploratory career education may not be
 1690  counted as full-time equivalent students for this instruction.
 1691         (k)(l)Study hall.—A student who is enrolled in study hall
 1692  may not be included in the calculation of full-time equivalent
 1693  student membership for funding under this section.
 1694         (l)(m)Calculation of additional full-time equivalent
 1695  membership based on International Baccalaureate examination
 1696  scores of students.—A value of 0.16 full-time equivalent student
 1697  membership shall be calculated for each student enrolled in an
 1698  International Baccalaureate course who receives a score of 4 or
 1699  higher on a subject examination. A value of 0.3 full-time
 1700  equivalent student membership shall be calculated for each
 1701  student who receives an International Baccalaureate diploma.
 1702  Such value shall be added to the total full-time equivalent
 1703  student membership in basic programs for grades 9 through 12 in
 1704  the subsequent fiscal year. Each school district shall allocate
 1705  80 percent of the funds received from International
 1706  Baccalaureate bonus FTE funding to the school program whose
 1707  students generate the funds and to school programs that prepare
 1708  prospective students to enroll in International Baccalaureate
 1709  courses. Funds shall be expended solely for the payment of
 1710  allowable costs associated with the International Baccalaureate
 1711  program. Allowable costs include International Baccalaureate
 1712  annual school fees; International Baccalaureate examination
 1713  fees; salary, benefits, and bonuses for teachers and program
 1714  coordinators for the International Baccalaureate program and
 1715  teachers and coordinators who prepare prospective students for
 1716  the International Baccalaureate program; supplemental books;
 1717  instructional supplies; instructional equipment or instructional
 1718  materials for International Baccalaureate courses; other
 1719  activities that identify prospective International Baccalaureate
 1720  students or prepare prospective students to enroll in
 1721  International Baccalaureate courses; and training or
 1722  professional development for International Baccalaureate
 1723  teachers. School districts shall allocate the remaining 20
 1724  percent of the funds received from International Baccalaureate
 1725  bonus FTE funding for programs that assist academically
 1726  disadvantaged students to prepare for more rigorous courses. The
 1727  school district shall distribute to each classroom teacher who
 1728  provided International Baccalaureate instruction:
 1729         1. A bonus in the amount of $50 for each student taught by
 1730  the International Baccalaureate teacher in each International
 1731  Baccalaureate course who receives a score of 4 or higher on the
 1732  International Baccalaureate examination.
 1733         2. An additional bonus of $500 to each International
 1734  Baccalaureate teacher in a school designated with a grade of “D”
 1735  or “F” who has at least one student scoring 4 or higher on the
 1736  International Baccalaureate examination, regardless of the
 1737  number of classes taught or of the number of students scoring a
 1738  4 or higher on the International Baccalaureate examination.
 1739  
 1740  Bonuses awarded to a teacher according to this paragraph shall
 1741  not exceed $2,000 in any given school year and shall be in
 1742  addition to any regular wage or other bonus the teacher received
 1743  or is scheduled to receive.
 1744         (m)(n)Calculation of additional full-time equivalent
 1745  membership based on Advanced International Certificate of
 1746  Education examination scores of students.—A value of 0.16 full
 1747  time equivalent student membership shall be calculated for each
 1748  student enrolled in a full-credit Advanced International
 1749  Certificate of Education course who receives a score of E or
 1750  higher on a subject examination. A value of 0.08 full-time
 1751  equivalent student membership shall be calculated for each
 1752  student enrolled in a half-credit Advanced International
 1753  Certificate of Education course who receives a score of E or
 1754  higher on a subject examination. A value of 0.3 full-time
 1755  equivalent student membership shall be calculated for each
 1756  student who receives an Advanced International Certificate of
 1757  Education diploma. Such value shall be added to the total full
 1758  time equivalent student membership in basic programs for grades
 1759  9 through 12 in the subsequent fiscal year. The school district
 1760  shall distribute to each classroom teacher who provided Advanced
 1761  International Certificate of Education instruction:
 1762         1. A bonus in the amount of $50 for each student taught by
 1763  the Advanced International Certificate of Education teacher in
 1764  each full-credit Advanced International Certificate of Education
 1765  course who receives a score of E or higher on the Advanced
 1766  International Certificate of Education examination. A bonus in
 1767  the amount of $25 for each student taught by the Advanced
 1768  International Certificate of Education teacher in each half
 1769  credit Advanced International Certificate of Education course
 1770  who receives a score of E or higher on the Advanced
 1771  International Certificate of Education examination.
 1772         2. An additional bonus of $500 to each Advanced
 1773  International Certificate of Education teacher in a school
 1774  designated with a grade of “D” or “F” who has at least one
 1775  student scoring E or higher on the full-credit Advanced
 1776  International Certificate of Education examination, regardless
 1777  of the number of classes taught or of the number of students
 1778  scoring an E or higher on the full-credit Advanced International
 1779  Certificate of Education examination.
 1780         3. Additional bonuses of $250 each to teachers of half
 1781  credit Advanced International Certificate of Education classes
 1782  in a school designated with a grade of “D” or “F” which has at
 1783  least one student scoring an E or higher on the half-credit
 1784  Advanced International Certificate of Education examination in
 1785  that class. The maximum additional bonus for a teacher awarded
 1786  in accordance with this subparagraph shall not exceed $500 in
 1787  any given school year. Teachers receiving an award under
 1788  subparagraph 2. are not eligible for a bonus under this
 1789  subparagraph.
 1790  
 1791  Bonuses awarded to a teacher according to this paragraph shall
 1792  not exceed $2,000 in any given school year and shall be in
 1793  addition to any regular wage or other bonus the teacher received
 1794  or is scheduled to receive.
 1795         (n)(o)Calculation of additional full-time equivalent
 1796  membership based on college board advanced placement scores of
 1797  students.—A value of 0.16 full-time equivalent student
 1798  membership shall be calculated for each student in each advanced
 1799  placement course who receives a score of 3 or higher on the
 1800  College Board Advanced Placement Examination for the prior year
 1801  and added to the total full-time equivalent student membership
 1802  in basic programs for grades 9 through 12 in the subsequent
 1803  fiscal year. Each district must allocate at least 80 percent of
 1804  the funds provided to the district for advanced placement
 1805  instruction, in accordance with this paragraph, to the high
 1806  school that generates the funds. The school district shall
 1807  distribute to each classroom teacher who provided advanced
 1808  placement instruction:
 1809         1. A bonus in the amount of $50 for each student taught by
 1810  the Advanced Placement teacher in each advanced placement course
 1811  who receives a score of 3 or higher on the College Board
 1812  Advanced Placement Examination.
 1813         2. An additional bonus of $500 to each Advanced Placement
 1814  teacher in a school designated with a grade of “D” or “F” who
 1815  has at least one student scoring 3 or higher on the College
 1816  Board Advanced Placement Examination, regardless of the number
 1817  of classes taught or of the number of students scoring a 3 or
 1818  higher on the College Board Advanced Placement Examination.
 1819  
 1820  Bonuses awarded to a teacher according to this paragraph shall
 1821  not exceed $2,000 in any given school year and shall be in
 1822  addition to any regular wage or other bonus the teacher received
 1823  or is scheduled to receive.
 1824         (o)(p)Calculation of additional full-time equivalent
 1825  membership based on certification of successful completion of
 1826  industry-certified career and professional academy programs
 1827  pursuant to ss. 1003.491, 1003.492, and 1003.493 and 1003.4935
 1828  and identified in the Industry Certified Funding List pursuant
 1829  to rules adopted by the State Board of Education.—A value of
 1830  0.1, 0.2, or 0.3 full-time equivalent student membership shall
 1831  be calculated for each student who completes an industry
 1832  certified career and professional academy program under ss.
 1833  1003.491, 1003.492, and 1003.493 and 1003.4935 and who is issued
 1834  the highest level of industry certification identified annually
 1835  in the Industry Certification Funding List approved under rules
 1836  adopted by the State Board of Education and a high school
 1837  diploma. The maximum full-time equivalent student membership
 1838  value for any student is 0.3. The Department of Education shall
 1839  assign the appropriate full-time equivalent value for each
 1840  certification, 50 percent of which is based on rigor and the
 1841  remaining 50 percent on employment value. The State Board of
 1842  Education shall include the assigned values in the Industry
 1843  Certification Funding List under rules adopted by the state
 1844  board. Rigor shall be based on the number of instructional
 1845  hours, including work experience hours, required to earn the
 1846  certification, with a bonus for industry certifications that
 1847  have a statewide articulation agreement for college credit
 1848  approved by the State Board of Education. Employment value shall
 1849  be based on the entry wage, growth rate in employment for each
 1850  occupational category, and average annual openings for the
 1851  primary occupation linked to the industry certification. Such
 1852  value shall be added to the total full-time equivalent student
 1853  membership in secondary career education programs for grades 9
 1854  through 12 in the subsequent year for courses that were not
 1855  funded through dual enrollment. The additional full-time
 1856  equivalent membership authorized under this paragraph may not
 1857  exceed 0.3 per student. Each district must allocate at least 80
 1858  percent of the funds provided for industry certification, in
 1859  accordance with this paragraph, to the program that generated
 1860  the funds. Unless a different amount is specified in the General
 1861  Appropriations Act, the appropriation for this calculation is
 1862  limited to $15 million annually. If the appropriation is
 1863  insufficient to fully fund the total calculation, the
 1864  appropriation shall be prorated.
 1865         (q) Calculation of additional full-time equivalent
 1866  membership for the Florida Virtual School.—The reported full
 1867  time equivalent student membership for the Florida Virtual
 1868  School for students who are also enrolled in a school district
 1869  shall be multiplied by 0.114, and such value shall be added to
 1870  the total full-time equivalent student membership.
 1871         (p)(r)Year-round-school programs.—The Commissioner of
 1872  Education is authorized to adjust student eligibility
 1873  definitions, funding criteria, and reporting requirements of
 1874  statutes and rules in order that year-round-school programs may
 1875  achieve equivalent application of funding requirements with non
 1876  year-round-school programs.
 1877         (q)(s)Extended-school-year program.—It is the intent of
 1878  the Legislature that students be provided additional instruction
 1879  by extending the school year to 210 days or more. Districts may
 1880  apply to the Commissioner of Education for funds to be used in
 1881  planning and implementing an extended-school-year program.
 1882         (r)(t)Determination of the basic amount for current
 1883  operation.—The basic amount for current operation to be included
 1884  in the Florida Education Finance Program for kindergarten
 1885  through grade 12 for each district shall be the product of the
 1886  following:
 1887         1. The full-time equivalent student membership in each
 1888  program, multiplied by
 1889         2. The cost factor for each program, adjusted for the
 1890  maximum as provided by paragraph (c), multiplied by
 1891         3. The base student allocation.
 1892         (s)(u)Computation for funding through the Florida
 1893  Education Finance Program.—The State Board of Education may
 1894  adopt rules establishing programs and courses for which the
 1895  student may earn credit toward high school graduation.
 1896         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
 1897  Legislature shall prescribe the aggregate required local effort
 1898  for all school districts collectively as an item in the General
 1899  Appropriations Act for each fiscal year. The amount that each
 1900  district shall provide annually toward the cost of the Florida
 1901  Education Finance Program for kindergarten through grade 12
 1902  programs shall be calculated as follows:
 1903         (a) Estimated taxable value calculations.—
 1904         1.a. Not later than 2 working days prior to July 19, the
 1905  Department of Revenue shall certify to the Commissioner of
 1906  Education its most recent estimate of the taxable value for
 1907  school purposes in each school district and the total for all
 1908  school districts in the state for the current calendar year
 1909  based on the latest available data obtained from the local
 1910  property appraisers. The value certified shall be the taxable
 1911  value for school purposes for that year, and no further
 1912  adjustments shall be made, except those made pursuant to
 1913  paragraphs (c) and (d), or an assessment roll change required by
 1914  final judicial decisions as specified in paragraph (13)(b)
 1915  (12)(b). Not later than July 19, the Commissioner of Education
 1916  shall compute a millage rate, rounded to the next highest one
 1917  one-thousandth of a mill, which, when applied to 96 percent of
 1918  the estimated state total taxable value for school purposes,
 1919  would generate the prescribed aggregate required local effort
 1920  for that year for all districts. The Commissioner of Education
 1921  shall certify to each district school board the millage rate,
 1922  computed as prescribed in this subparagraph, as the minimum
 1923  millage rate necessary to provide the district required local
 1924  effort for that year.
 1925         b. The General Appropriations Act shall direct the
 1926  computation of the statewide adjusted aggregate amount for
 1927  required local effort for all school districts collectively from
 1928  ad valorem taxes to ensure that no school district’s revenue
 1929  from required local effort millage will produce more than 90
 1930  percent of the district’s total Florida Education Finance
 1931  Program calculation as calculated and adopted by the
 1932  Legislature, and the adjustment of the required local effort
 1933  millage rate of each district that produces more than 90 percent
 1934  of its total Florida Education Finance Program entitlement to a
 1935  level that will produce only 90 percent of its total Florida
 1936  Education Finance Program entitlement in the July calculation.
 1937         2. On the same date as the certification in sub
 1938  subparagraph 1.a., the Department of Revenue shall certify to
 1939  the Commissioner of Education for each district:
 1940         a. Each year for which the property appraiser has certified
 1941  the taxable value pursuant to s. 193.122(2) or (3), if
 1942  applicable, since the prior certification under sub-subparagraph
 1943  1.a.
 1944         b. For each year identified in sub-subparagraph a., the
 1945  taxable value certified by the appraiser pursuant to s.
 1946  193.122(2) or (3), if applicable, since the prior certification
 1947  under sub-subparagraph 1.a. This is the certification that
 1948  reflects all final administrative actions of the value
 1949  adjustment board.
 1950         (6) CATEGORICAL FUNDS.—
 1951         (b) If a district school board finds and declares in a
 1952  resolution adopted at a regular meeting of the school board that
 1953  the funds received for any of the following categorical
 1954  appropriations are urgently needed to maintain school board
 1955  specified academic classroom instruction, the school board may
 1956  consider and approve an amendment to the school district
 1957  operating budget transferring the identified amount of the
 1958  categorical funds to the appropriate account for expenditure:
 1959         1. Funds for student transportation.
 1960         2. Funds for safe schools.
 1961         3. Funds for supplemental academic instruction.
 1962         4. Funds for research-based reading instruction.
 1963         5. Funds for instructional materials if all instructional
 1964  material purchases necessary to provide updated materials
 1965  aligned to Next Generation Sunshine State Standards and
 1966  benchmarks and that meet statutory requirements of content and
 1967  learning have been completed for that fiscal year, but no sooner
 1968  than March 1, 2011. Funds available after March 1 may be used to
 1969  purchase hardware for student instruction.
 1970         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
 1971  annually provide in the Florida Education Finance Program a
 1972  virtual education contribution. The amount of the virtual
 1973  education contribution shall be the difference between the
 1974  amount per FTE established in the General Appropriations Act for
 1975  virtual education and the amount per FTE for each district and
 1976  the Florida Virtual School, which may be calculated by taking
 1977  the sum of the base FEFP allocation, the discretionary local
 1978  effort, the state-funded discretionary contribution, the
 1979  discretionary millage compression supplement, the research-based
 1980  reading instruction allocation, and the instructional materials
 1981  allocation, and then dividing by the total unweighted FTE. This
 1982  difference shall be multiplied by the virtual education
 1983  unweighted FTE for programs and options identified in s.
 1984  1002.455(3)(a),(b), and (d) and the Florida Virtual School and
 1985  its franchises to equal the virtual education contribution and
 1986  shall be included as a separate allocation in the funding
 1987  formula.
 1988         (12)(11) QUALITY ASSURANCE GUARANTEE.—The Legislature may
 1989  annually in the General Appropriations Act determine a
 1990  percentage increase in funds per K-12 unweighted FTE as a
 1991  minimum guarantee to each school district. The guarantee shall
 1992  be calculated from prior year base funding per unweighted FTE
 1993  student which shall include the adjusted FTE dollars as provided
 1994  in subsection (13) (12), quality guarantee funds, and actual
 1995  nonvoted discretionary local effort from taxes. From the base
 1996  funding per unweighted FTE, the increase shall be calculated for
 1997  the current year. The current year funds from which the
 1998  guarantee shall be determined shall include the adjusted FTE
 1999  dollars as provided in subsection (13) (12) and potential
 2000  nonvoted discretionary local effort from taxes. A comparison of
 2001  current year funds per unweighted FTE to prior year funds per
 2002  unweighted FTE shall be computed. For those school districts
 2003  which have less than the legislatively assigned percentage
 2004  increase, funds shall be provided to guarantee the assigned
 2005  percentage increase in funds per unweighted FTE student. Should
 2006  appropriated funds be less than the sum of this calculated
 2007  amount for all districts, the commissioner shall prorate each
 2008  district’s allocation. This provision shall be implemented to
 2009  the extent specifically funded.
 2010         Section 34. Section 1011.621, Florida Statutes, is created
 2011  to read:
 2012         1011.621 Adjustments for interdistrict transfers of
 2013  students in Department of Juvenile Justice detention facilities
 2014  within a survey period.—The Department of Education, upon
 2015  request by a school district and verification by the Department
 2016  of Juvenile Justice, shall direct a school district that
 2017  receives Florida Education Finance Program funds attributed to a
 2018  membership survey for children in secure detention care pursuant
 2019  to chapter 985 to transfer a pro rata share of the funds to
 2020  another district that served the same students during the same
 2021  survey period but were unable to report the students for
 2022  funding. The amount of the funds transfer shall be based on the
 2023  percentage of the survey period in which the students were
 2024  served by each district.
 2025         Section 35. Subsection (2) of section 1011.685, Florida
 2026  Statutes, is amended to read:
 2027         1011.685 Class size reduction; operating categorical fund.—
 2028         (2) Class size reduction operating categorical funds shall
 2029  be used by school districts to reduce class size as required in
 2030  s. 1003.03. A school district that meets the maximum class size
 2031  requirement may use the funds, or the funds may be used for any
 2032  lawful operating expenditure; however, priority shall be given
 2033  to increasing salaries of classroom teachers.
 2034         Section 36. Subsection (1), paragraph (b) of subsection
 2035  (3), and subsection (5) of section 1011.71, Florida Statutes,
 2036  are amended, and paragraphs (c) and (d) are added to subsection
 2037  (3) of that section, to read:
 2038         1011.71 District school tax.—
 2039         (1) If the district school tax is not provided in the
 2040  General Appropriations Act or the substantive bill implementing
 2041  the General Appropriations Act, each district school board
 2042  desiring to participate in the state allocation of funds for
 2043  current operation as prescribed by s. 1011.62(13) 1011.62(12)
 2044  shall levy on the taxable value for school purposes of the
 2045  district, exclusive of millage voted under the provisions of s.
 2046  9(b) or s. 12, Art. VII of the State Constitution, a millage
 2047  rate not to exceed the amount certified by the commissioner as
 2048  the minimum millage rate necessary to provide the district
 2049  required local effort for the current year, pursuant to s.
 2050  1011.62(4)(a)1. In addition to the required local effort millage
 2051  levy, each district school board may levy a nonvoted current
 2052  operating discretionary millage. The Legislature shall prescribe
 2053  annually in the appropriations act the maximum amount of millage
 2054  a district may levy.
 2055         (3)
 2056         (b) In addition to the millage authorized in this section,
 2057  each district school board may, by a super majority vote, levy
 2058  an additional 0.25 mills for critical capital outlay needs or
 2059  for critical operating needs. If levied for capital outlay,
 2060  expenditures shall be subject to the requirements of this
 2061  section. If levied for operations, expenditures shall be
 2062  consistent with the requirements for operating funds received
 2063  pursuant to s. 1011.62. If the district levies this additional
 2064  0.25 mills for operations, the compression adjustment pursuant
 2065  to s. 1011.62(5) shall be calculated and added to the district’s
 2066  FEFP allocation. Millage levied pursuant to this paragraph is
 2067  subject to the provisions of s. 200.065. In order to be
 2068  continued after the 2010-2011 fiscal year, millage levied
 2069  pursuant to this paragraph must be approved by the voters of the
 2070  district at the 2010 general election or at a subsequent
 2071  election held at any time, except that not more than one such
 2072  election shall be held during any 12-month period. Any millage
 2073  so authorized shall be levied for a period not in excess of 2
 2074  years or until changed by another millage election, whichever is
 2075  earlier. If any such election is invalidated by a court of
 2076  competent jurisdiction, such invalidated election shall be
 2077  considered not to have been held. The provisions of this
 2078  paragraph expire June 30, 2011.
 2079         (c) Local funds generated by the additional 0.25 mills
 2080  authorized in paragraph (b) and state funds provided pursuant to
 2081  s. 1011.62(5) may not be included in the calculation of the
 2082  Florida Education Finance Program in 2011-2012 or any subsequent
 2083  year and may not be incorporated in the calculation of any hold
 2084  harmless or other component of the Florida Education Finance
 2085  Program in any year, except as provided in paragraph (d).
 2086         (d) For the 2011-2012 and 2012-2013 fiscal years, the 0.25
 2087  mills authorized in paragraph (b) may be levied by the districts
 2088  in which it was authorized by the voters in the 2010 general
 2089  election. If a district levies this voter-approved 0.25 mills
 2090  for operations, a compression adjustment pursuant to s.
 2091  1011.62(5) may be calculated and added to the district’s Florida
 2092  Education Finance Program allocation, subject to determination
 2093  in the General Appropriations Act.
 2094         (5) Effective July 1, 2008, a school district may expend,
 2095  subject to the provisions of s. 200.065, up to $100 per
 2096  unweighted full-time equivalent student from the revenue
 2097  generated by the millage levy authorized by subsection (2) to
 2098  fund, in addition to expenditures authorized in paragraphs
 2099  (2)(a)-(j), expenses for the following:
 2100         (a) The purchase, lease-purchase, or lease of driver’s
 2101  education vehicles; motor vehicles used for the maintenance or
 2102  operation of plants and equipment; security vehicles; or
 2103  vehicles used in storing or distributing materials and
 2104  equipment.
 2105         (b) Payment of the cost of premiums, as defined in s.
 2106  627.403, for property and casualty insurance necessary to insure
 2107  school district educational and ancillary plants. As used in
 2108  this paragraph, casualty insurance has the same meaning as in s.
 2109  624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
 2110  are made available through the payment of property and casualty
 2111  insurance premiums from revenues generated under this subsection
 2112  may be expended only for nonrecurring operational expenditures
 2113  of the school district.
 2114         Section 37. If the Commissioner of Education determines
 2115  that a school district acted in good faith, he or she may waive
 2116  the equal-dollar reduction required in s. 1011.71, Florida
 2117  Statutes, for audit findings for the 2009-2010 fiscal year, and
 2118  for expenditures made prior to January 1, 2011, in the 2010-2011
 2119  fiscal year for payment of premiums for property insurance and
 2120  casualty insurance.
 2121         Section 38. Notwithstanding the repeal of s. 1012.225,
 2122  Florida Statutes, in section 11 of Committee Substitute for
 2123  House Bill 7087, state funding for the Merit Award Program in
 2124  the Conference Report on Senate Bill 2000 is provided for
 2125  payment of awards for 2010-2011 fiscal year teacher performance
 2126  pursuant to s. 1012.225, Florida Statutes 2010.
 2127         Section 39. Section 1013.737, Florida Statutes, is amended
 2128  to read:
 2129         1013.737 The Class Size Reduction and Educational
 2130  Facilities Lottery Revenue Bond Program.—There is established
 2131  the Class Size Reduction and Educational Facilities Lottery
 2132  Revenue Bond Program.
 2133         (1) The issuance of revenue bonds is authorized to finance
 2134  or refinance the construction, acquisition, reconstruction, or
 2135  renovation of educational facilities. Such bonds shall be issued
 2136  pursuant to and in compliance with the provisions of s. 11(d),
 2137  Art. VII of the State Constitution, the provisions of the State
 2138  Bond Act, ss. 215.57-215.83, as amended, and the provisions of
 2139  this section.
 2140         (2) The bonds are payable from, and secured by a first lien
 2141  on, the first lottery revenues transferred to the Educational
 2142  Enhancement Trust Fund each fiscal year, as provided by s.
 2143  24.121(2), and do not constitute a general obligation of, or a
 2144  pledge of the full faith and credit of, the state.
 2145         (3) The state hereby covenants with the holders of such
 2146  revenue bonds that it will not take any action that will
 2147  materially and adversely affect the rights of such holders so
 2148  long as bonds authorized by this section are outstanding. The
 2149  state does hereby additionally authorize the establishment of a
 2150  covenant in connection with the bonds which provides that any
 2151  additional funds received by the state from new or enhanced
 2152  lottery programs; video gaming; banking card games, including
 2153  baccarat, chemin de fer, or blackjack; electronic or
 2154  electromechanical facsimiles of any game of chance; casino
 2155  games; slot machines; or other similar activities will first be
 2156  available for payments relating to bonds pledging revenues
 2157  available pursuant to s. 24.121(2), prior to use for any other
 2158  purpose.
 2159         (4) The bonds shall be issued by the Division of Bond
 2160  Finance of the State Board of Administration on behalf of the
 2161  Department of Education in such amount as shall be requested by
 2162  resolution of the State Board of Education. However, the total
 2163  principal amount of bonds, excluding refunding bonds, issued
 2164  pursuant to this section shall not exceed amounts specifically
 2165  authorized in the General Appropriations Act.
 2166         (5) Proceeds available from the sale of the bonds shall be
 2167  deposited in the Lottery Capital Outlay and Debt Service Trust
 2168  Fund within the Department of Education.
 2169         (6) The facilities to be financed with the proceeds of such
 2170  bonds are designated as state fixed capital outlay projects for
 2171  purposes of s. 11(d), Art. VII of the State Constitution, and
 2172  the specific facilities to be financed shall be determined in
 2173  accordance with state law and appropriations from the
 2174  Educational Enhancement Trust Fund. Projects shall be funded
 2175  from the Lottery Capital Outlay and Debt Service Trust Fund.
 2176  Each educational facility to be financed with the proceeds of
 2177  the bonds issued pursuant to this section is hereby approved as
 2178  required by s. 11(f), Art. VII of the State Constitution.
 2179         (7) Any complaint for validation of such bonds is required
 2180  to be filed only in the circuit court of the county where the
 2181  seat of state government is situated. The notice required to be
 2182  published by s. 75.06 is required to be published only in the
 2183  county where the complaint is filed, and the complaint and order
 2184  of the circuit court need be served only on the state attorney
 2185  of the circuit in which the action is pending.
 2186         (8) The Commissioner of Education shall provide for timely
 2187  encumbrances of funds for duly authorized projects. Encumbrances
 2188  may include proceeds to be received under a resolution approved
 2189  by the State Board of Education authorizing issuance of class
 2190  size reduction lottery bonds or educational facilities bonds
 2191  pursuant to s. 11(d), Art. VII of the State Constitution, this
 2192  section, and other applicable law.
 2193         Section 40. Notwithstanding the repeal of s. 1003.62,
 2194  Florida Statutes 2009, educational facility exemptions for the
 2195  demolition and replacement of school buildings identified in
 2196  accordance with Charter School District Addendum Number 2 and
 2197  approved by the district school board prior to June 30, 2010,
 2198  are extended to June 30, 2012.
 2199         Section 41. Notwithstanding the required review by the
 2200  Legislative Budget Commission pursuant to s. 1003.03(4)(c),
 2201  Florida Statutes, the Legislature hereby adopts by reference the
 2202  alternate compliance calculation amounts to the class size
 2203  operating categorical as set forth in Budget Amendment EOG
 2204  #O2011-0074, as submitted by the Governor on March 2, 2011, on
 2205  behalf of the Department of Education for approval by the
 2206  Legislative Budget Commission. The Commissioner of Education
 2207  shall modify payments to school districts for the 2010-2011
 2208  fiscal year consistent with the amendment and s. 1003.03,
 2209  Florida Statutes. This section shall take effect upon this act
 2210  becoming a law.
 2211         Section 42. Except as otherwise expressly provided in this
 2212  act and except for this section, which shall take effect upon
 2213  this act becoming a law, this act shall take effect July 1,
 2214  2011.