House Bill 2065

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    Florida House of Representatives - 1999                HB 2065

        By Representative Murman






  1                      A bill to be entitled

  2         An act relating to instructional materials;

  3         amending s. 233.22, F.S.; prohibiting the

  4         superintendent from requisitioning certain

  5         materials; allowing the superintendent to

  6         requisition certain materials; amending s.

  7         233.25, F.S.; requiring publishers and

  8         manufacturers to retain instructional materials

  9         in a depository for a specified period of time

10         and to ensure the availability of materials;

11         amending s. 233.34, F.S.; requiring school

12         districts to purchase state-adopted

13         instructional materials in core subject areas

14         within a specified time; providing exceptions;

15         allowing school districts to make certain

16         purchases when authorized in the General

17         Appropriations Act; prohibiting the use of

18         state funds for certain materials; allowing the

19         use of local funds for certain purposes;

20         amending s. 233.37, F.S.; providing for the

21         disposal of unserviceable instructional

22         materials and those no longer on state

23         contract; eliminating contracts between the

24         Department of Education and recycling firms;

25         authorizing the district school board to

26         prescribe rules for destroying instructional

27         materials; requiring that certain moneys be

28         deposited in the district school fund and added

29         to the district appropriation for instructional

30         materials; repealing s. 233.38, F.S., relating

31         to the exchange of textbooks by certain

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    Florida House of Representatives - 1999                HB 2065

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  1         districts; amending s. 233.43, F.S.; requiring

  2         district school board policies to include the

  3         superintendent's responsibilities for keeping

  4         records pursuant to s. 233.46(4), F.S.;

  5         requiring reports; amending s. 233.46, F.S.;

  6         requiring policies by district school boards

  7         relating to lost or damaged books; defining the

  8         term "contract period" for purposes of specific

  9         provisions relating to contracts in s. 233.34,

10         F.S.; providing that certain requirements do

11         not apply to certain districts; allowing

12         certain districts to comply with s. 233.34,

13         F.S., if certain conditions are met; requiring

14         a report by the Department of Education;

15         requiring that the Executive Office of the

16         Governor and the Secretary of State renegotiate

17         existing contracts for certain instructional

18         materials in core subject areas; providing an

19         effective date.

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Section 233.22, Florida Statutes, is

24  amended to read:

25         233.22  Requisition of instructional materials from

26  publisher's depository.--

27         (1)  The superintendent shall requisition adopted

28  instructional materials from the depository of the publisher

29  with whom a contract has been made. However, the

30  superintendent may not requisition state-adopted instructional

31  materials in the core subject areas in s. 233.34(2) beyond the

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    Florida House of Representatives - 1999                HB 2065

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  1  first 2 years of the original contract, except for

  2  instructional materials relating to growth of student

  3  membership or instructional materials maintenance needs. The

  4  superintendent may requisition instructional materials in the

  5  core subject areas in s. 233.34(2) relating to growth of

  6  student membership or instructional materials maintenance

  7  needs during the 3rd, 4th, 5th, and 6th years of the original

  8  contract period.

  9         (2)  The superintendent shall verify that such

10  requisition is complete and accurate and order the depository

11  to forward to him or her the adopted instructional materials

12  shown by the requisition.  The depository shall prepare an

13  invoice of the materials shipped, including shipping charges,

14  and mail it to the superintendent to whom the shipment is

15  being made. The superintendent shall pay the depository within

16  60 days after receipt of the requisitioned materials from the

17  appropriation for the purchase of adopted instructional

18  materials.

19         Section 2.  Subsection (12) of section 233.25, Florida

20  Statutes, is amended, present subsections (13) and (14) of

21  that section are redesignated as subsections (16) and (17),

22  respectively, and new subsections (13), (14), and (15) are

23  added to that section, to read:

24         233.25  Duties, responsibilities, and requirements of

25  publishers and manufacturers of instructional

26  materials.--Publishers and manufacturers of instructional

27  materials, or their representatives, shall:

28         (12)  Maintain, or contract with, a depository in the

29  state and maintain there an inventory sufficient to receive

30  and fill orders for instructional materials.

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  1         (13)  For the core subject areas in s. 233.34(2),

  2  maintain in the depository for the first 2 years of the

  3  contract an inventory of instructional materials that is

  4  sufficient to receive and fill orders.

  5         (14)  For the core subject areas in s. 233.34(2),

  6  ensure the availability of an inventory sufficient to receive

  7  and fill orders for instructional materials for growth,

  8  including the opening of a new school, and replacement during

  9  the 3rd, 4th, 5th, and 6th years of the original contract

10  period.

11         (15)  For all other subject areas, maintain in the

12  depository an inventory of instructional materials that is

13  sufficient to receive and fill orders.

14         Section 3.  Section 233.34, Florida Statutes, is

15  amended to read:

16         233.34  Use of instructional materials allocation;

17  instructional materials, library books, and reference books;

18  repair of books; exceptions.--

19         (1)  On or before July 1 each year, the commissioner

20  shall certify to the superintendent of each district the

21  estimated allocation of state funds for instructional

22  materials, computed pursuant to the provisions of chapter 236

23  for the ensuing fiscal year.

24         (2)(a)  Each school district must purchase

25  state-adopted instructional materials for the core subject

26  areas of mathematics, language arts, science, social studies,

27  reading, and literature for kindergarten through grade 12. The

28  purchase must be made within the first 2 years of the

29  effective date of the original contract period.

30         (b)  The requirement in paragraph (a) does not apply to

31  contracts in existence prior to April 1, 1999, or to a

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    Florida House of Representatives - 1999                HB 2065

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  1  purchase relating to growth of student membership in the

  2  district or for instructional materials maintenance needs.

  3         (c)  Any school district that meets the requirement in

  4  paragraph (a) may use 5 percent of the following funds to

  5  purchase laptop computers for use as readers when authorized

  6  to do so in the General Appropriations Act:

  7         1.  Instructional materials funds, notwithstanding the

  8  definition of instructional materials in s. 233.07(4) or the

  9  provisions in subsection (4); or

10         2.  Public school technology funds.

11         (d)  The exceptions in subsections (3) and (4) for the

12  use of the annual allocation do not apply to this subsection.

13         (e)  For the core subject areas, state funds shall be

14  used only for state-adopted materials. However, a school

15  district may use local funds to purchase instructional

16  materials other than state-adopted instructional materials in

17  the core subject areas.

18         (3)(a)(2)  Each school district shall use the annual

19  allocation for the purchase of instructional materials

20  included on the state-adopted list.  No less than 50 percent

21  of the annual allocation shall be used to purchase items which

22  will be used to provide instruction to students at the level

23  or levels for which the materials are designed.

24         (b)  However, up to 50 percent of the annual allocation

25  may be used for the purchase of instructional materials,

26  including library and reference books and nonprint materials,

27  not included on the state-adopted list and for the repair and

28  renovation of textbooks and library books.

29         (c)  Notwithstanding the provisions of this subsection,

30  school districts may use 100 percent of that portion of the

31  annual allocation which is designated by the district for the

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    Florida House of Representatives - 1999                HB 2065

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  1  purchase of instructional materials for kindergarten, and 75

  2  percent of that portion of the annual allocation which is

  3  designated for the purchase of instructional materials for

  4  first grade, to purchase materials not on the state-adopted

  5  list.

  6         (4)(3)  Notwithstanding the definition of instructional

  7  materials in s. 233.07(4), the funds described in subsection

  8  (3) (2) which school districts may use to purchase materials

  9  not on the state adopted list may be used for the purchase of

10  instructional materials or other items having intellectual

11  content which assist in the instruction of a subject or

12  course. These items may be available in bound, unbound, kit,

13  or package form and may consist of hardbacked or softbacked

14  textbooks, replacements for items which were part of

15  previously purchased instructional materials, consumables,

16  learning laboratories, manipulatives, electronic media,

17  computer courseware or software, and other commonly accepted

18  instructional tools as prescribed by school board policy. The

19  funds available to school districts for the purchase of

20  materials not on the state adopted list may not be used to

21  purchase electronic or computer hardware even if such hardware

22  is bundled with software or other electronic media, nor may

23  such funds be used to purchase equipment or supplies. However,

24  when authorized to do so in the General Appropriations Act, a

25  school or school district may use a portion of the funds

26  available to it for the purchase of materials not on the state

27  adopted list to purchase science laboratory materials and

28  supplies.

29         (5)(4)  Each district school board shall adopt

30  policies, and each superintendent shall implement procedures,

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    Florida House of Representatives - 1999                HB 2065

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  1  that will assure the maximum use by the students of the

  2  materials herein authorized.

  3         (6)(5)  District school boards are authorized to issue

  4  purchase orders subsequent to March 15 in an aggregate amount

  5  which does not exceed 20 percent of the current year's

  6  allocation, and subsequent to May 1 in an aggregate amount

  7  which does not exceed 90 percent of the current year's

  8  allocation, for the purpose of expediting the delivery of

  9  instructional materials which are to be paid for from the

10  ensuing year's allocation.

11         (7)(6)  In any year in which the total allocation for a

12  district has not been expended or obligated prior to June 30,

13  the district shall carry forward such unobligated amount and

14  shall add this amount to the next year's allocation.

15         Section 4.  Section 233.37, Florida Statutes, is

16  amended to read:

17         233.37  Disposal of instructional materials.--

18         (1)  Under rules of the commissioner, or rules of the

19  district school board which have been approved by the

20  commissioner, the district school board may dispose of the

21  instructional materials of an old adoption when they have

22  become unserviceable or are no longer on state contract by any

23  of the following means:

24         (a)  Giving the materials to other public education

25  programs within the district or state.

26         (b)  Giving the materials to the teachers to use in

27  developing supplementary teaching materials.

28         (c)  Giving the materials to students or others.

29         (d)  Giving the materials to any charitable

30  organization, governmental agency, private school, or state.

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  1         (e)  Selling the materials to used book dealers,

  2  recycling plants, pulp mills, or other persons, firms, or

  3  corporations upon such terms as are most economically

  4  advantageous to the district school board.

  5         (2)  The district school board may prescribe by rule

  6  the manner for destroying instructional materials that cannot

  7  be disposed of as provided in subsection (1).

  8         (3)  All moneys received by reason of sale, exchange,

  9  or other disposition of instructional materials shall be

10  deposited in the district school fund and added to the

11  district appropriation for instructional materials. , upon

12  such terms and conditions as will yield their fair salvage

13  value.  The Department of Education shall enter into one or

14  more contracts with recycling firms for periodic pickup in

15  school districts of obsolete or unusable materials to be

16  salvaged.

17         Section 5.  Section 233.38, Florida Statutes, is

18  repealed.

19         Section 6.  Section 233.43, Florida Statutes, is

20  amended to read:

21         233.43  Duties of superintendent relating to

22  instructional materials.--The duties and responsibilities of

23  each superintendent for the requisition, purchase, receipt,

24  storage, distribution, use, conservation, records, and reports

25  of, and management practices and property accountability

26  concerning, instructional materials shall be prescribed by

27  policies of the district school board.  Such policies shall

28  also provide for an evaluation of any instructional materials

29  to be requisitioned that have not been used previously in the

30  schools of the district. The duties and responsibilities shall

31  include keeping adequate records and accounts for all

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    Florida House of Representatives - 1999                HB 2065

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  1  financial transactions for funds collected pursuant to s.

  2  233.46(4). Each superintendent shall provide an annual report

  3  on the funds collected from the sale, exchange, loss, or

  4  damage of instructional materials under s. 233.46(4) to the

  5  Legislature and the Department of Education. The Department of

  6  Education shall annually review these reports and prepare a

  7  report to the Legislature, including recommendations for any

  8  needed changes.

  9         Section 7.  Subsection (2) of section 233.46, Florida

10  Statutes, is amended to read:

11         233.46  Duties of principals.--The duties and

12  responsibilities of principals for instructional materials

13  management and care include:

14         (2)  MONEY COLLECTED FOR LOST OR DAMAGED BOOKS;

15  ENFORCEMENT.--It shall be the duty and responsibility of each

16  principal to collect from each pupil or the pupil's parent the

17  purchase price of any instructional material the pupil has

18  lost, destroyed, or unnecessarily damaged and to report and

19  transmit such amounts so collected to the superintendent.  If

20  such material so lost, destroyed, or damaged has been in

21  school use for more than 1 year, a sum ranging between 50 and

22  75 percent of the purchase price of the book shall be

23  collected.  Such sum shall be determined by the physical

24  condition of the book. The failure to collect such sum upon

25  reasonable effort by the principal may result in the

26  suspension of the pupil from participation in extracurricular

27  activities or satisfaction of the debt by the pupil through

28  community service activities at the school site as determined

29  by the principal. The provisions of this subsection must be

30  included in the policies of the district school board.

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  1         Section 8.  In order to meet the requirement in section

  2  233.34(2), Florida Statutes, the term "contract period" means:

  3         (1)  The original 6-year contract period beginning

  4  April 1, 1999, for the core subject areas of mathematics and

  5  social studies for grades 9 through 12 and language arts for

  6  grades 6 through 12.

  7         (2)  The original 6-year contract period beginning

  8  April 1, 2000, for the core subject area of science for

  9  kindergarten through grade 12.

10         (3)  The original 6-year contract period beginning

11  April 1, 2001, for the core subject areas of social studies

12  and language arts for kindergarten through grade 12.

13         (4)  The original 6-year contract period beginning

14  April 1, 2002, for the core subject area of reading for

15  kindergarten through grade 12.

16         (5)  The original 6-year contract period beginning

17  April 1, 2003, for the core subject areas of mathematics for

18  grades 9 through 12, and literature for grades 6 through 12.

19         (6)  The original 6-year contract period beginning

20  April 1, 2004, for the core subject areas of social studies

21  and science for grades 6 through grade 12, and mathematics for

22  kindergarten through grade 8.

23         Section 9.  The requirements in section 233.34(2),

24  Florida Statutes, shall not apply to a district that was

25  granted a waiver from the instructional materials requirements

26  under section 229.592(6), Florida Statutes, which expires on

27  June 30, 2001. However, any such district may choose to comply

28  with the provisions of section 233.34(2), Florida Statutes,

29  upon written notification to the Commissioner of Education of

30  the district's intent to end the terms of the waiver. The

31  notification must be received no later than October 1, 1999.

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  1  In order for a district with this waiver to be eligible for

  2  the use of funds authorized in section 233.34(2)(c), Florida

  3  Statutes, the district must comply with the notification

  4  requirements in this section and the requirements in section

  5  233.34(2), Florida Statutes.

  6         Section 10.  The Department of Education shall review

  7  the contracts used for the core subject areas and prepare a

  8  report that includes recommendations for any needed changes.

  9  The department shall provide a copy of the report to the

10  President of the Senate, the Speaker of the House of

11  Representatives, and the minority leader of each house by

12  January 1, 2000.

13         Section 11.  The Executive Office of the Governor and

14  the Secretary of State shall renegotiate any contract in

15  existence on the effective date of this act which provides for

16  instructional materials for the core subject areas of

17  mathematics and social studies for grades 9 through 12 and

18  language arts for grades 6 through 12.

19         Section 12.  This act shall take effect upon becoming a

20  law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Specifies instructional materials a superintendent may
  4    and may not requisition. Revises provisions relating to
      the instructional materials depository. Requires school
  5    districts to purchase state-adopted instructional
      materials in certain core subject areas within a
  6    specified period of time. Provides exceptions to such
      requirement. Authorizes school districts to use a portion
  7    of certain funds to purchase laptop computers when
      authorized in the General Appropriations Act. Prohibits
  8    the use of state funds for certain purposes. Allows the
      use of local funds for certain purposes. Provides for the
  9    disposal of unserviceable instructional materials and
      those no longer on state contract. Authorizes the
10    district school board to prescribe rules for destroying
      instructional materials. Provides requirements regarding
11    funds received by disposition of instruction materials.
      Eliminates provisions regarding contracts between the
12    Department of Education and recycling firms for the
      salvage of instructional materials. Repeals provisions
13    relating to the exchange of textbooks by certain
      districts. Requires school board policies to include the
14    superintendent's responsibilities for keeping records
      pursuant to s. 233.46(4), F.S. Requires school board
15    policies to include provisions relating to lost or
      damaged books. Defines the term "contract period" for
16    purposes of the purchase of instructional materials.
      Provides that certain requirements regarding the purchase
17    of instructional materials do not apply to certain
      districts. Requires a report by the Department of
18    Education. Requires the Executive Office of the Governor
      and the Secretary of State to renegotiate certain
19    existing contracts.

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