HB 5101

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

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