The Florida Senate

233.255  Production and dissemination of educational materials and products by department.--

(1)  It is the intent of the Legislature that when educational materials and products are developed by or under the direction of the Department of Education, through research and development or other efforts, including those subject to copyright, patent, or trademark, they shall be made available for use by teachers, students, administrators, and other appropriate persons in the state system of education at the earliest practicable date and in the most economical and efficient manner possible.

(2)  To accomplish this objective the department is authorized to publish, produce, or have produced educational materials and products and to make them readily available for appropriate use in the state system of education. The department is authorized to charge an amount adequate to cover the essential cost of producing and disseminating such materials and products in the state system of education and is authorized to sell copies for educational use to nonpublic schools in the state and to the public.

(3)  All proceeds from the sale of such educational materials and products shall be remitted to the Treasurer and shall be kept in a separate fund to be known as the "Educational Media and Technology Trust Fund" and, when properly budgeted as approved by the Legislature and the Executive Office of the Governor, used to pay the cost of producing and disseminating educational materials and products to carry out the intent of this act.

(4)  In cases in which the materials or products are of such nature, or the circumstances are such, that it is not practicable or feasible for the department to produce or have produced materials and products so developed, it is authorized, after review and approval by the Department of State, to license, lease, assign, sell, or otherwise give written consent to any person, firm or corporation for the manufacture or use thereof, on a royalty basis, or for such other consideration as the department shall deem proper and in the best interest of the state; the department is authorized and directed to protect same against improper or unlawful use or infringement and to enforce the collection of any sums due for the manufacture or use thereof by any other party.

(5)  Nothing herein stated shall be construed to allow the Department of Education to enter into the business of producing or publishing textbooks, or the contents therein, for general use in classrooms.

History.--s. 24, ch. 73-338; s. 5, ch. 79-65; s. 105, ch. 79-190.