Amendment
Bill No. SB 2120

Amendment No. 428373

CHAMBER ACTION
Senate		House
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1	Representative Coley offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  Paragraph (o) of subsection (6) of section
7	1001.10, Florida Statutes, is amended to read:
8	1001.10  Commissioner of Education; general powers and
9	duties.-
10	(6)  Additionally, the commissioner has the following
11	general powers and duties:
12	(o)  To develop criteria for use by state instructional
13	materials reviewers committees in evaluating materials submitted
14	for adoption consideration. The criteria shall, as appropriate,
15	be based on instructional expectations reflected in curriculum
16	frameworks and student performance standards. The criteria for
17	each subject or course shall be made available to publishers of
18	instructional materials pursuant to the requirements of chapter
19	1006.
20	Section 2.  Subsection (19) of section 1002.33, Florida
21	Statutes, is amended, subsection (26) is renumbered as
22	subsection (27), and a new subsection (26) is added to that
23	section, to read:
24	1002.33  Charter schools.-
25	(19)  CAPITAL OUTLAY FUNDING.-Charter schools are eligible
26	for capital outlay funds pursuant to s. 1013.62. Capital outlay
27	funds authorized in ss. s. 1011.71(2) and 1013.62 that have been
28	shared with a charter school-in-the-workplace prior to July 1,
29	2010, are deemed to have met the authorized expenditure
30	requirements for such funds.
31	(26)  LOCAL EDUCATIONAL AGENCY STATUS FOR CERTAIN CHARTER
32	SCHOOL SYSTEMS.-A charter school system shall be designated a
33	local educational agency for the purpose of receiving federal
34	funds, in the same manner as if the charter school system were a
35	school district, if the governing board of the charter school
36	system has adopted and filed a resolution with its sponsoring
37	district school board and the Department of Education in which
38	the governing board accepts full responsibility for all local
39	educational agency requirements and the charter school system
40	meets all of the following:
41	(a)  Includes both conversion charter schools and
42	nonconversion charter schools;
43	(b)  Has all schools located in the same county;
44	(c)  Has a total enrollment exceeding the total enrollment
45	of at least one school district in the state;
46	(d)  Has the same governing board; and
47	(e)  Does not contract with a for-profit service provider
48	for management of school operations.
49
50	Such designation does not apply to other provisions of law
51	unless specifically provided by law.
52	Section 3.  Paragraph (e) is added to subsection (1) of
53	section 1002.45, Florida Statutes, to read:
54	1002.45  School district virtual instruction programs.-
55	(1)  PROGRAM.-
56	(e)1.  Each school district shall provide to the department
57	by October 1, 2011, and by each October 1 thereafter, a copy of
58	each contract and the amounts paid per unweighted full-time
59	equivalent student for services procured pursuant to paragraph
60	(c).
61	2.  Each school district shall expend the difference in
62	funds provided for a student participating in the school
63	district virtual instruction program pursuant to subsection (7)
64	and the price paid for contracted services procured pursuant to
65	paragraph (c) for the district's local instructional improvement
66	system pursuant to s. 1006.281 or other technological tools that
67	are required to access electronic and digital instructional
68	materials.
69	Section 4.  Paragraphs (c) and (f) of subsection (3) of
70	section 1002.55, Florida Statutes, are amended to read:
71	1002.55  School-year prekindergarten program delivered by
72	private prekindergarten providers.-
73	(3)  To be eligible to deliver the prekindergarten program,
74	a private prekindergarten provider must meet each of the
75	following requirements:
76	(c)  The private prekindergarten provider must have, for
77	each prekindergarten class of 11 children or fewer, at least one
78	prekindergarten instructor who meets each of the following
79	requirements:
80	1.  The prekindergarten instructor must hold, at a minimum,
81	one of the following credentials:
82	a.  A child development associate credential issued by the
83	National Credentialing Program of the Council for Professional
84	Recognition; or
85	b.  A credential approved by the Department of Children and
86	Family Services as being equivalent to or greater than the
87	credential described in sub-subparagraph a.
88
89	The Department of Children and Family Services may adopt rules
90	under ss. 120.536(1) and 120.54 which provide criteria and
91	procedures for approving equivalent credentials under sub-
92	subparagraph b.
93	2.  The prekindergarten instructor must successfully
94	complete an emergent literacy training course approved by the
95	department as meeting or exceeding the minimum standards adopted
96	under s. 1002.59. This subparagraph does not apply to a
97	prekindergarten instructor who successfully completes approved
98	training in early literacy and language development under s.
99	402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5) before the
100	establishment of one or more emergent literacy training courses
101	under s. 1002.59 or April 1, 2005, whichever occurs later.
102	(f)  Each of the private prekindergarten provider's
103	prekindergarten classes must be composed of at least 4 students
104	but may not exceed 20 18 students. In order to protect the
105	health and safety of students, each private prekindergarten
106	provider must also provide appropriate adult supervision for
107	students at all times and, for each prekindergarten class
108	composed of 12 11 or more students, must have, in addition to a
109	prekindergarten instructor who meets the requirements of
110	paragraph (c), at least one adult prekindergarten instructor who
111	is not required to meet those requirements but who must meet
112	each requirement of paragraph (d). This paragraph does not
113	supersede any requirement imposed on a provider under ss.
114	402.301-402.319.
115	Section 5.  Subsection (7) of section 1002.63, Florida
116	Statutes, is amended to read:
117	1002.63  School-year prekindergarten program delivered by
118	public schools.-
119	(7)  Each prekindergarten class in a public school
120	delivering the school-year prekindergarten program must be
121	composed of at least 4 students but may not exceed 18 students.
122	In order to protect the health and safety of students, each
123	school must also provide appropriate adult supervision for
124	students at all times and, for each prekindergarten class
125	composed of 12 11 or more students, must have, in addition to a
126	prekindergarten instructor who meets the requirements of s.
127	1002.55(3)(c), at least one adult prekindergarten instructor who
128	is not required to meet those requirements but who must meet
129	each requirement of subsection (5).
130	Section 6.  Subsection (7) of section 1002.71, Florida
131	Statutes, is amended to read:
132	1002.71  Funding; financial and attendance reporting.-
133	(7)  The Agency for Workforce Innovation shall require that
134	administrative expenditures be kept to the minimum necessary for
135	efficient and effective administration of the Voluntary
136	Prekindergarten Education Program. Administrative policies and
137	procedures shall be revised, to the maximum extent practicable,
138	to incorporate the use of automation and electronic submission
139	of forms, including those required for child eligibility and
140	enrollment, provider and class registration, and monthly
141	certification of attendance for payment. A school district may
142	use its automated daily attendance reporting system for the
143	purpose of transmitting attendance records to the early learning
144	coalition in a mutually agreed-upon format. In addition, actions
145	shall be taken to reduce paperwork, eliminate the duplication of
146	reports, and eliminate other duplicative activities. Beginning
147	with the 2011-2012 2010-2011 fiscal year, each early learning
148	coalition may retain and expend no more than 4.0 4.5 percent of
149	the funds paid by the coalition to private prekindergarten
150	providers and public schools under paragraph (5)(b). Funds
151	retained by an early learning coalition under this subsection
152	may be used only for administering the Voluntary Prekindergarten
153	Education Program and may not be used for the school readiness
154	program or other programs.
155	Section 7.  Subsections (14) and (15) of section 1003.01,
156	Florida Statutes, are amended to read:
157	1003.01  Definitions.-As used in this chapter, the term:
158	(14)  "Core-curricula courses" means:
159	(a)  Language arts/reading, mathematics, and science
160	courses in prekindergarten through grade 3.
161	(b)  Courses in grades 4 through 8 in subjects that are
162	measured by state assessment at any grade level.
163	(c)  Courses in grades 9 through 12 in subjects that are
164	measured by state assessment at any grade level.
165	(d)  Courses that are specifically identified by name in
166	law as required for high school graduation and that are not
167	measured by state assessment, excluding any extracurricular
168	courses.
169	(e)  Exceptional student education courses.
170	(f)  English for Speakers of Other Languages courses.
171	courses defined by the Department of Education as mathematics,
172	language arts/reading, science, social studies, foreign
173	language, English for Speakers of Other Languages, exceptional
174	student education, and courses taught in traditional self-
175	contained elementary school classrooms.
176
177	The term is limited in meaning and used for the sole purpose of
178	designating classes that are subject to the maximum class size
179	requirements established in s. 1, Art. IX of the State
180	Constitution. This term does not include courses offered under
181	ss. 1002.37, 1002.415, and 1002.45.
182	(15)  "Extracurricular courses" means all courses that are
183	not defined as "core-curricula courses," which may include, but
184	are not limited to, physical education, fine arts, performing
185	fine arts, and career education, and courses that may result in
186	college credit. The term is limited in meaning and used for the
187	sole purpose of designating classes that are not subject to the
188	maximum class size requirements established in s. 1, Art. IX of
189	the State Constitution.
190	Section 8.  Subsections (1) and (2) of section 1003.03,
191	Florida Statutes, are amended to read:
192	1003.03  Maximum class size.-
193	(1)  CONSTITUTIONAL CLASS SIZE MAXIMUMS.-Each year, on or
194	before the October student membership survey, school districts
195	must be in compliance with the following class size requirements
196	Pursuant to s. 1, Art. IX of the State Constitution, beginning
197	in the 2010-2011 school year:
198	(a)  The maximum number of students assigned to each
199	teacher who is teaching core-curricula courses in public school
200	classrooms for prekindergarten through grade 3 may not exceed 18
201	students.
202	(b)  The maximum number of students assigned to each
203	teacher who is teaching core-curricula courses in public school
204	classrooms for grades 4 through 8 may not exceed 22 students.
205	The maximum number of students assigned to a core-curricula high
206	school course in which a student in grades 4 through 8 is
207	enrolled shall be governed by the requirements in paragraph (c).
208	(c)  The maximum number of students assigned to each
209	teacher who is teaching core-curricula courses in public school
210	classrooms for grades 9 through 12 may not exceed 25 students.
211
212	These maximums shall be maintained after the October student
213	membership survey, except as provided in paragraph (2)(b) or due
214	to an extreme emergency beyond the control of the district
215	school board.
216	(2)  IMPLEMENTATION.-
217	(a)  The Department of Education shall annually calculate
218	class size measures described in subsection (1) based upon the
219	October student membership survey.
220	(b)  A student who enrolls in a school after the October
221	student membership survey may be assigned to an existing class
222	that temporarily exceeds the maximum number of students in
223	subsection (1) if the district school board determines it to be
224	impractical, educationally unsound, or disruptive to student
225	learning to not assign the student to the class. If the district
226	school board makes this determination:
227	1.  Up to three students above the maximum as provided in
228	paragraph (1)(a) may be assigned to a teacher in kindergarten
229	through grade 3.
230	2.  Up to five students above the maximums as provided in
231	paragraphs (1)(b) and (c), respectively, may be assigned to a
232	teacher in grades 4 through 12.
233	3.  The district school board must develop a plan for the
234	school to be in full compliance with the maximum class size in
235	subsection (1) by the next October student membership survey.
236	(b)  Prior to the adoption of the district school budget
237	for 2010-2011, each district school board shall hold public
238	hearings and provide information to parents on the district's
239	website, and through any other means by which the district
240	provides information to parents and the public, on the
241	district's strategies to meet the requirements in subsection
242	(1).
243	Section 9.  Subsection (2) of section 1003.492, Florida
244	Statutes, is amended to read:
245	1003.492  Industry-certified career education programs.-
246	(2)  The State Board of Education shall use the expertise
247	of Workforce Florida, Inc., and Enterprise Florida, Inc., to
248	develop and adopt rules pursuant to ss. 120.536(1) and 120.54
249	for implementing an industry certification process. The rules
250	must establish a process for weighting the value of industry
251	certifications based on the rigor of the certification and its
252	employment value to state businesses and industry. Industry
253	certification shall be defined by the Agency for Workforce
254	Innovation, based upon the highest available national standards
255	for specific industry certification, to ensure student skill
256	proficiency and to address emerging labor market and industry
257	trends. A regional workforce board or a career and professional
258	academy may apply to Workforce Florida, Inc., to request
259	additions to the approved list of industry certifications based
260	on high-demand job requirements in the regional economy. The
261	list of industry certifications approved by Workforce Florida,
262	Inc., and the Department of Education shall be published and
263	updated annually by a date certain, to be included in the
264	adopted rule.
265	Section 10.  Subsection (1), paragraph (a) of subsection
266	(2), and paragraphs (b) and (e) of subsection (3) of section
267	1006.28, Florida Statutes, are amended to read:
268	1006.28  Duties of district school board, district school
269	superintendent; and school principal regarding K-12
270	instructional materials.-
271	(1)  DISTRICT SCHOOL BOARD.-The district school board has
272	the duty to provide adequate instructional materials for all
273	students in accordance with the requirements of this part. The
274	term "adequate instructional materials" means a sufficient
275	number of student or site licenses textbooks or sets of
276	materials that are available in bound, unbound, kit, or package
277	form and may consist of hard-backed or soft-backed textbooks,
278	electronic content, consumables, learning laboratories,
279	manipulatives, electronic media, and computer courseware or
280	software that serve as the basis for instruction for each
281	student in the core courses of mathematics, language arts,
282	social studies, science, reading, and literature, except for
283	instruction for which the school advisory council approves the
284	use of a program that does not include a textbook as a major
285	tool of instruction. The district school board has the following
286	specific duties:
287	(a)  Courses of study; adoption.-Adopt courses of study for
288	use in the schools of the district.
289	(b)  Instructional materials Textbooks.-Provide for proper
290	requisitioning, distribution, accounting, storage, care, and use
291	of all instructional materials furnished by the state and
292	furnish such other instructional materials as may be needed. The
293	district school board shall ensure assure that instructional
294	materials used in the district are consistent with the district
295	goals and objectives and the curriculum frameworks adopted by
296	rule of the State Board of Education, as well as with the state
297	and district performance standards provided for in s.
298	1001.03(1).
299	(c)  Other instructional materials.-Provide such other
300	teaching accessories and aids as are needed for the school
301	district's educational program.
302	(d)  School library media services; establishment and
303	maintenance.-Establish and maintain a program of school library
304	media services for all public schools in the district, including
305	school library media centers, or school library media centers
306	open to the public, and, in addition such traveling or
307	circulating libraries as may be needed for the proper operation
308	of the district school system.
309	(2)  DISTRICT SCHOOL SUPERINTENDENT.-
310	(a)  The district school superintendent has the duty to
311	recommend such plans for improving, providing, distributing,
312	accounting for, and caring for instructional materials textbooks
313	and other instructional aids as will result in general
314	improvement of the district school system, as prescribed in this
315	part, in accordance with adopted district school board rules
316	prescribing the duties and responsibilities of the district
317	school superintendent regarding the requisition, purchase,
318	receipt, storage, distribution, use, conservation, records, and
319	reports of, and management practices and property accountability
320	concerning, instructional materials, and providing for an
321	evaluation of any instructional materials to be requisitioned
322	that have not been used previously in the district's schools.
323	The district school superintendent must keep adequate records
324	and accounts for all financial transactions for funds collected
325	pursuant to subsection (3), as a component of the educational
326	service delivery scope in a school district best financial
327	management practices review under s. 1008.35.
328	(3)  SCHOOL PRINCIPAL.-The school principal has the
329	following duties for the management and care of instructional
330	materials at the school:
331	(b)  Money collected for lost or damaged instructional
332	materials books; enforcement.-The school principal shall collect
333	from each student or the student's parent the purchase price of
334	any instructional material the student has lost, destroyed, or
335	unnecessarily damaged and to report and transmit the money
336	collected to the district school superintendent. The failure to
337	collect such sum upon reasonable effort by the school principal
338	may result in the suspension of the student from participation
339	in extracurricular activities or satisfaction of the debt by the
340	student through community service activities at the school site
341	as determined by the school principal, pursuant to policies
342	adopted by district school board rule.
343	(e)  Accounting for instructional materials textbooks.-
344	Principals shall see that all instructional materials books are
345	fully and properly accounted for as prescribed by adopted rules
346	of the district school board.
347	Section 11.  Section 1006.281, Florida Statutes, is amended
348	to read:
349	1006.281  Local instructional improvement Learning
350	management systems.-
351	(1)  A "local instructional improvement system" means a
352	system that uses digital tools that provide teachers,
353	administrators, students, and parents with data and resources to
354	systematically manage continuous instructional improvement. The
355	system supports relevant activities such as instructional
356	planning, information gathering and analysis, rapid-time
357	reporting, decisionmaking on appropriate instructional sequence,
358	and evaluating the effectiveness of instruction. The system
359	shall integrate instructional information with student-level
360	data to provide predictions of future student achievement.
361	(2)(1)  Each school district shall provide teachers,
362	administrators, students, and parents To ensure that all school
363	districts have equitable access to a local instructional
364	improvement system. The system must provide access to electronic
365	and digital digitally rich instructional materials, districts
366	are encouraged to provide access to an electronic learning
367	management system that allows teachers, students, and parents to
368	access, organize, and use electronically available instructional
369	materials and teaching and learning tools and resources,
370	including the ability for and that enables teachers and
371	administrators to manage, assess, and track student learning.
372	(3)(2)  By June 30, 2014, a school district's local
373	instructional improvement system shall comply with minimum
374	standards published by the Department of Education. The system
375	must To the extent fiscally and technologically feasible, a
376	school district's electronic learning management system should
377	allow for a single, authenticated sign-on and include the
378	following functionality:
379	(a)  Vertically searches for, gathers, and organizes
380	specific standards-based instructional materials.
381	(b)  Enables teachers to prepare lessons, individualize
382	student instruction, and use best practices in providing
383	instruction, including the ability to connect student assessment
384	data with electronic and digital instructional materials.
385	(c)  Provides communication, including access to up-to-date
386	student performance data, in order to help teachers and parents
387	better serve the needs of students.
388	(d)  Provides access for administrators to ensure quality
389	of instruction within every classroom.
390	(e)  Enables district staff to plan, create, and manage
391	professional development and to connect professional development
392	with staff information and student performance data.
393	(f)(e)  Provides access to multiple content providers and
394	provides the ability to seamlessly connect the local
395	instructional improvement system to electronic and digital
396	content.
397	(4)(3)  The Department of Education shall provide advisory
398	assistance as requested by school districts in their deployment
399	of a local instructional improvement district electronic
400	learning management system.
401	(5)  The State Board of Education shall adopt rules
402	pursuant to ss. 120.536(1) and 120.54 to administer this
403	section, including rules that establish minimum standards for a
404	local instructional improvement system.
405	Section 12.  Section 1006.29, Florida Statutes, is amended
406	to read:
407	1006.29  State instructional materials reviewers
408	committees.-
409	(1)  Each school year, not later than April 15, the
410	commissioner shall appoint state instructional materials
411	committees composed of persons actively engaged in teaching or
412	in the supervision of teaching in the public elementary, middle,
413	or high schools and representing the major fields and levels in
414	which instructional materials are used in the public schools
415	and, in addition, lay citizens not professionally connected with
416	education. Committee members shall receive training pursuant to
417	subsection (5) in competencies related to the evaluation and
418	selection of instructional materials.
419	(a)  There shall be 10 or more members on each committee:
420	At least 50 percent of the members shall be classroom teachers
421	who are certified in an area directly related to the academic
422	area or level being considered for adoption, 2 shall be
423	laypersons, 1 shall be a district school board member, and 2
424	shall be supervisors of teachers. The committee must have the
425	capacity or expertise to address the broad racial, ethnic,
426	socioeconomic, and cultural diversity of the state's student
427	population. Personnel selected as teachers of the year at the
428	school, district, regional, or state level are encouraged to
429	serve on instructional materials committees.
430	(b)  The membership of each committee must reflect the
431	broad racial, ethnic, socioeconomic, and cultural diversity of
432	the state, including a balanced representation from the state's
433	geographic regions.
434	(1)(a)(c)  The commissioner shall determine annually the
435	areas in which instructional materials shall be submitted for
436	adoption, taking into consideration the desires of the district
437	school boards. The commissioner shall also determine the number
438	of titles to be adopted in each area.
439	(b)  By April 15 of each school year, the commissioner
440	shall appoint three state or national experts in the content
441	areas submitted for adoption to review the instructional
442	materials and evaluate the content for alignment with the
443	applicable Next Generation Sunshine State Standards. These
444	reviewers shall be designated as state instructional materials
445	reviewers and shall review the materials for the level of
446	instructional support and the accuracy and appropriateness of
447	progression of introduced content. Instructional materials shall
448	be made available to the reviewers in an electronic format. The
449	initial review of the materials shall be made by only two of the
450	three reviewers. If the two reviewers reach different results,
451	the third reviewer shall determine which results shall be
452	recommended. The reviewers shall independently make
453	recommendations to the commissioner regarding materials that
454	should be placed on the list of adopted materials through an
455	electronic feedback review system.
456	(c)  The commissioner shall request each district school
457	superintendent to nominate one classroom teacher or district-
458	level content supervisor to review two or three of the
459	submissions recommended by the state instructional materials
460	reviewers. School districts shall ensure that these district
461	reviewers are provided with the support and time necessary to
462	accomplish thorough review of the instructional materials.
463	District reviewers shall independently rate the recommended
464	submissions on the instructional usability of the resources.
465	(2)(a)  All appointments shall be as prescribed in this
466	section. No member shall serve more than two consecutive terms
467	on any committee. All appointments shall be for 18-month terms.
468	All vacancies shall be filled in the manner of the original
469	appointment for only the time remaining in the unexpired term.
470	At no time may a district school board have more than one
471	representative on a committee. The commissioner and a member of
472	the department whom he or she shall designate shall be
473	additional and ex officio members of each committee.
474	(b)  The names and mailing addresses of the members of the
475	state instructional materials committees shall be made public
476	when appointments are made.
477	(c)  The district school board shall be reimbursed for the
478	actual cost of substitute teachers for each workday that a
479	member of its instructional staff is absent from his or her
480	assigned duties for the purpose of rendering service to the
481	state instructional materials committee. In addition, committee
482	members shall be reimbursed for travel expenses and per diem in
483	accordance with s. 112.061 for actual service in meetings of
484	committees called by the commissioner. Payment of such travel
485	expenses shall be made from the appropriation for the
486	administration of the instructional materials program, on
487	warrants to be drawn by the Chief Financial Officer upon
488	requisition approved by the commissioner.
489	(d)  Any member of a committee may be removed by the
490	commissioner for cause.
491	(3)  All references in the law to the state instructional
492	materials committee shall apply to each committee created by
493	this section.
494	(2)(4)  For purposes of state adoption, "instructional
495	materials" means items having intellectual content that by
496	design serve as a major tool for assisting in the instruction of
497	a subject or course. These items may be available in bound,
498	unbound, kit, or package form and may consist of hardbacked or
499	softbacked textbooks, electronic content, consumables, learning
500	laboratories, manipulatives, electronic media, and computer
501	courseware or software. A publisher or manufacturer providing
502	instructional materials as a single bundle shall also make the
503	instructional materials available as separate and unbundled
504	items, each priced individually. A publisher may also offer
505	sections of state-adopted instructional materials in digital or
506	electronic versions at reduced rates to districts, schools, and
507	teachers.
508	(3)  Beginning in the 2014-2015 academic year, all adopted
509	Any instructional materials adopted after 2012-2013 for students
510	in kindergarten grades 9 through grade 12 must shall also be
511	provided in a digital an electronic format. For purposes of
512	state adoption, the term "digital format" means text-based or
513	image-based content in a form that provides the student with
514	various interactive functions; that can be searched, tagged,
515	distributed, and utilized for individualized and group learning;
516	that includes multimedia content such as video clips,
517	animations, and virtual reality; and that has the ability to be
518	accessed anytime and anywhere. Beginning in the 2012-2013
519	academic year for grades 9 through 12 and in the 2013-2014
520	academic year for kindergarten through grade 8, all adopted
521	instructional materials must be provided in an electronic or a
522	digital format. For purposes of state adoption, the term
523	"electronic format" means text-based or image-based content in a
524	form that is produced on, published by, and readable on
525	computers or other digital devices and is an electronic version
526	of a printed book, whether or not any printed equivalent exists.
527	The term does not include electronic or computer hardware even
528	if such hardware is bundled with software or other electronic
529	media, nor does it include equipment or supplies.
530	(4)(5)  The department shall develop a training program for
531	persons selected as state instructional materials reviewers and
532	school district reviewers to serve on state instructional
533	materials committees. The program shall be structured to assist
534	reviewers committee members in developing the skills necessary
535	to make valid, culturally sensitive, and objective decisions
536	regarding the content and rigor of instructional materials. All
537	persons serving as on instructional materials reviewers
538	committees must complete the training program prior to beginning
539	the review and selection process.
540	Section 13.  Section 1006.30, Florida Statutes, is amended
541	to read:
542	1006.30  Affidavit of state instructional materials
543	reviewers committee members.-Before transacting any business,
544	each state instructional materials reviewer member of a state
545	committee shall make an affidavit, to be filed with the
546	department commissioner, that:
547	(1)  The reviewer member will faithfully discharge the
548	duties imposed upon him or her as a member of the committee.
549	(2)  The reviewer member has no interest, and while a
550	member of the committee he or she will assume no interest, in
551	any publishing or manufacturing organization that which produces
552	or sells instructional materials.
553	(3)  The reviewer member is in no way connected, and while
554	a member of the committee he or she will assume no connection,
555	with the distribution of the instructional materials.
556	(4)  The reviewer does not have any direct or indirect
557	pecuniary interest member is not pecuniarily interested, and
558	while a member of the committee he or she will assume no
559	pecuniary interest, directly or indirectly, in the business or
560	profits of any person engaged in manufacturing, publishing, or
561	selling instructional materials designed for use in the public
562	schools.
563	(5)  The reviewer member will not accept any emolument or
564	promise of future reward of any kind from any publisher or
565	manufacturer of instructional materials or his or her agent or
566	anyone interested in, or intending to bias his or her judgment
567	in any way in, the selection of any materials to be adopted.
568	(6)  The reviewer understands that it is unlawful for any
569	member of a state instructional materials committee to discuss
570	matters relating to instructional materials submitted for
571	adoption with any agent of a publisher or manufacturer of
572	instructional materials, either directly or indirectly, except
573	during the period when the publisher or manufacturer is
574	providing a presentation for the reviewer during his or her
575	review of committee has been called into session for the purpose
576	of evaluating instructional materials submitted for adoption.
577	Such discussions shall be limited to official meetings of the
578	committee and in accordance with procedures prescribed by the
579	commissioner for that purpose.
580	Section 14.  Section 1006.31, Florida Statutes, is amended
581	to read:
582	1006.31  Duties of each state instructional materials
583	reviewer committee.-The duties of each state instructional
584	materials reviewer committee are:
585	(1)  PLACE AND TIME OF MEETING.-To meet at the call of the
586	commissioner, at a place in the state designated by him or her,
587	for the purpose of evaluating and recommending instructional
588	materials for adoption by the state. All meetings of state
589	instructional materials committees shall be announced publicly
590	in the Florida Administrative Weekly at least 2 weeks prior to
591	the date of convening. All meetings of the committees shall be
592	open to the public.
593	(2)  ORGANIZATION.-To elect a chair and vice chair for each
594	adoption. An employee of the department shall serve as secretary
595	to the committee and keep an accurate record of its proceedings.
596	All records of committee motions and votes, and summaries of
597	committee debate shall be incorporated into a publishable
598	document and shall be available for public inspection and
599	duplication.
600	(1)(3)  PROCEDURES.-To adhere to procedures prescribed by
601	the department commissioner for evaluating instructional
602	materials submitted by publishers and manufacturers in each
603	adoption.
604	(2)(4)  EVALUATION OF INSTRUCTIONAL MATERIALS.-To evaluate
605	carefully all instructional materials submitted, to ascertain
606	which instructional materials, if any, submitted for
607	consideration best implement the selection criteria developed by
608	the department commissioner and those curricular objectives
609	included within applicable performance standards provided for in
610	s. 1001.03(1).
611	(a)  When recommending instructional materials for use in
612	the schools, each reviewer committee shall include only
613	instructional materials that accurately portray the ethnic,
614	socioeconomic, cultural, and racial diversity of our society,
615	including men and women in professional, career, and executive
616	roles, and the role and contributions of the entrepreneur and
617	labor in the total development of this state and the United
618	States.
619	(b)  When recommending instructional materials for use in
620	the schools, each reviewer committee shall include only
621	materials that which accurately portray, whenever appropriate,
622	humankind's place in ecological systems, including the necessity
623	for the protection of our environment and conservation of our
624	natural resources and the effects on the human system of the use
625	of tobacco, alcohol, controlled substances, and other dangerous
626	substances.
627	(c)  When recommending instructional materials for use in
628	the schools, each reviewer committee shall require such
629	materials as he or she it deems necessary and proper to
630	encourage thrift, fire prevention, and humane treatment of
631	people and animals.
632	(d)  When recommending instructional materials for use in
633	the schools, each reviewer committee shall require, when
634	appropriate to the comprehension of students, that materials for
635	social science, history, or civics classes contain the
636	Declaration of Independence and the Constitution of the United
637	States. A reviewer may not recommend any No instructional
638	materials shall be recommended by any committee for use in the
639	schools which contain any matter reflecting unfairly upon
640	persons because of their race, color, creed, national origin,
641	ancestry, gender, or occupation.
642	(e)  Any instructional material All instructional materials
643	recommended by a reviewer each committee for use in the schools
644	shall be, to the satisfaction of each reviewer committee,
645	accurate, objective, and current and suited to the needs and
646	comprehension of students at their respective grade levels.
647	Reviewers Instructional materials committees shall consider for
648	adoption materials developed for academically talented students
649	such as those enrolled in advanced placement courses.
650	(3)(5)  REPORT OF REVIEWER COMMITTEE.-Each committee, After
651	a thorough study of all data submitted on each instructional
652	material, to submit an electronic and after each member has
653	carefully evaluated each instructional material, shall present a
654	written report to the department commissioner. The Such report
655	shall be made public, and must shall include responses to each
656	section of the report format prescribed by the department.:
657	(a)  A description of the procedures used in determining
658	the instructional materials to be recommended to the
659	commissioner.
660	(b)  Recommendations of instructional materials for each
661	grade and subject field in the curriculum of public elementary,
662	middle, and high schools in which adoptions are to be made. If
663	deemed advisable, the committee may include such other
664	information, expression of opinion, or recommendation as would
665	be helpful to the commissioner. If there is a difference of
666	opinion among the members of the committee as to the merits of
667	any instructional materials, any member may file an expression
668	of his or her individual opinion.
669
670	The findings of the committees, including the evaluation of
671	instructional materials, shall be in sessions open to the
672	public. All decisions leading to determinations of the
673	committees shall be by roll call vote, and at no time will a
674	secret ballot be permitted.
675	Section 15.  Section 1006.32, Florida Statutes, is amended
676	to read:
677	1006.32  Prohibited acts.-
678	(1)  A No publisher or manufacturer of instructional
679	material, or any representative thereof, may not shall offer to
680	give any emolument, money, or other valuable thing, or any
681	inducement, to any district school board official or state
682	member of a state-level instructional materials reviewer
683	committee to directly or indirectly introduce, recommend, vote
684	for, or otherwise influence the adoption or purchase of any
685	instructional materials.
686	(2)  A No district school board official or member of a
687	state instructional materials reviewer may not committee shall
688	solicit or accept any emolument, money, or other valuable thing,
689	or any inducement, to directly or indirectly introduce,
690	recommend, vote for, or otherwise influence the adoption or
691	purchase of any instructional material.
692	(3)  A No district school board or publisher may not
693	participate in a pilot program of materials being considered for
694	adoption during the 18-month period before the official adoption
695	of the materials by the commissioner. Any pilot program during
696	the first 2 years of the adoption period must have the prior
697	approval of the commissioner.
698	(4)  Any publisher or manufacturer of instructional
699	materials or representative thereof or any district school board
700	official or state instructional materials reviewer committee
701	member, who violates any provision of this section commits a
702	misdemeanor of the second degree, punishable as provided in s.
703	775.082 or s. 775.083. Any representative of a publisher or
704	manufacturer who violates any provision of this section, in
705	addition to any other penalty, shall be banned from practicing
706	business in the state for a period of 1 calendar year. Any
707	district school board official or state instructional materials
708	committee member who violates any provision of this section, in
709	addition to any other penalty, shall be removed from his or her
710	official position.
711	(5)  This section does not prohibit Nothing in this section
712	shall be construed to prevent any publisher, manufacturer, or
713	agent from supplying, for purposes of examination, necessary
714	sample copies of instructional materials to any district school
715	board official or state instructional materials reviewer
716	committee member.
717	(6)  This section does not prohibit Nothing in this section
718	shall be construed to prevent a district school board official
719	or state instructional materials reviewer committee member from
720	receiving sample copies of instructional materials.
721	(7)  This section does not Nothing contained in this
722	section shall be construed to prohibit or restrict a district
723	school board official from receiving royalties or other
724	compensation, other than compensation paid to him or her as
725	commission for negotiating sales to district school boards, from
726	the publisher or manufacturer of instructional materials
727	written, designed, or prepared by such district school board
728	official, and adopted by the commissioner or purchased by any
729	district school board. No district school board official shall
730	be allowed to receive royalties on any materials not on the
731	state-adopted list purchased for use by his or her district
732	school board.
733	(8)  A No district school superintendent, district school
734	board member, teacher, or other person officially connected with
735	the government or direction of public schools may not shall
736	receive during the months actually engaged in performing duties
737	under his or her contract any private fee, gratuity, donation,
738	or compensation, in any manner whatsoever, for promoting the
739	sale or exchange of any instructional material school book, map,
740	or chart in any public school, or be an agent for the sale or
741	the publisher of any instructional material school textbook or
742	reference work, or have direct or indirect pecuniary interest be
743	directly or indirectly pecuniarily interested in the
744	introduction of any such instructional material textbook, and
745	any such agency or interest disqualifies shall disqualify any
746	person so acting or interested from holding any district school
747	board employment whatsoever, and the person commits a
748	misdemeanor of the second degree, punishable as provided in s.
749	775.082 or s. 775.083; however, provided that this subsection
750	does shall not prevent be construed as preventing the adoption
751	of any instructional material book written in whole or in part
752	by a Florida author.
753	Section 16.  Paragraphs (b) and (e) of subsection (1) and
754	subsections (2) and (4) of section 1006.33, Florida Statutes,
755	are amended to read:
756	1006.33  Bids or proposals; advertisement and its
757	contents.-
758	(1)
759	(b)  The advertisement shall state that, beginning in 2010-
760	2011, each bidder shall furnish electronic sample specimen
761	copies of all instructional materials submitted, at a time
762	designated by the department, which specimen copies shall be
763	identical with the copies approved and accepted by the members
764	of the state instructional materials reviewers committee, as
765	prescribed in this section, and with the copies furnished to the
766	department and district school superintendents, as provided in
767	this part. A school district may not request Any district school
768	superintendent who requires samples in addition to the
769	electronic format must request those samples through the
770	department.
771	(e)  The advertisement shall give information regarding
772	digital as to how specifications that which have been adopted by
773	the department, including minimum format requirements that will
774	enable electronic and digital content to be accessed through the
775	district's local instructional improvement system and a variety
776	of mobile, electronic, and digital devices. Beginning with
777	specifications released in 2013, the digital specifications
778	shall require the capability for searching by state standards
779	and site and student-level licensing. The digital format
780	specifications shall be appropriate for the interoperability of
781	the content. The department may not adopt specifications that
782	require the instructional materials to include specific
783	references to FCAT standards or Next Generation Sunshine State
784	Standards and benchmarks at point of student use in regard to
785	paper, binding, cover boards, and mechanical makeup can be
786	secured. In adopting specifications, the department shall make
787	an exception for instructional materials that are college-level
788	texts and that do not meet department physical specifications
789	for secondary materials, if the publisher guarantees replacement
790	during the term of the contract.
791	(2)  The bids submitted shall be for furnishing the
792	designated materials in accordance with specifications of the
793	department. The bid shall state the lowest wholesale price at
794	which the materials will be furnished, at the time the adoption
795	period provided in the contract begins, delivered f.o.b. to the
796	Florida depository of the publisher, manufacturer, or bidder.
797	(4)  Sample Specimen copies of all instructional materials
798	that have been made the bases of contracts under this part
799	shall, upon request for the purpose of public inspection, be
800	made available by the publisher to the department and the
801	district school superintendent of each district school board
802	that adopts the instructional materials from the state list upon
803	request for the purpose of public inspection. All contracts and
804	bonds executed under this part shall be signed in triplicate.
805	One copy of each contract and an original of each bid, whether
806	accepted or rejected, shall be preserved with the department for
807	at least 3 years after termination of the contract.
808	Section 17.  Subsections (1), (2), (3), and (7) of section
809	1006.34, Florida Statutes, are amended to read:
810	1006.34  Powers and duties of the commissioner and the
811	department in selecting and adopting instructional materials.-
812	(1)  PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.-The
813	State Board of Education shall adopt rules prescribing
814	commissioner shall prescribe the procedures by which the
815	department shall evaluate instructional materials submitted by
816	publishers and manufacturers in each adoption. The rules shall
817	be exempt from the legislative ratification requirement in s.
818	120.541(3). Included in these procedures shall be provisions
819	affording which afford each publisher or manufacturer or his or
820	her representative an opportunity to provide a virtual
821	presentation to present to members of the state instructional
822	materials reviewers on committees the merits of each
823	instructional material submitted in each adoption.
824	(2)  SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.-
825	(a)  The department shall notify all publishers and
826	manufacturers of instructional materials who have submitted bids
827	that within 3 weeks after the deadline for receiving bids, at a
828	designated time and place, it will open the bids submitted and
829	deposited with it. At the time and place designated, the bids
830	shall be opened, read, and tabulated in the presence of the
831	bidders or their representatives. No one may revise his or her
832	bid after the bids have been filed. When all bids have been
833	carefully considered, the commissioner shall, from the list of
834	suitable, usable, and desirable instructional materials reported
835	by the state instructional materials reviewers committee, select
836	and adopt instructional materials for each grade and subject
837	field in the curriculum of public elementary, middle, and high
838	schools in which adoptions are made and in the subject areas
839	designated in the advertisement. The adoption shall continue for
840	the period specified in the advertisement, beginning on the
841	ensuing April 1. The adoption shall not prevent the extension of
842	a contract as provided in subsection (3). The commissioner shall
843	always reserve the right to reject any and all bids. The
844	commissioner may ask for new sealed bids from publishers or
845	manufacturers whose instructional materials were recommended by
846	the state instructional materials reviewers committee as
847	suitable, usable, and desirable; specify the dates for filing
848	such bids and the date on which they shall be opened; and
849	proceed in all matters regarding the opening of bids and the
850	awarding of contracts as required by this part. In all cases,
851	bids shall be accompanied by a cash deposit or certified check
852	of from $500 to $2,500, as the department commissioner may
853	direct. The department, in adopting instructional materials,
854	shall give due consideration both to the prices bid for
855	furnishing instructional materials and to the report and
856	recommendations of the state instructional materials reviewers
857	committee. When the commissioner has finished with the report of
858	the state instructional materials reviewers committee, the
859	report shall be filed and preserved with the department and
860	shall be available at all times for public inspection.
861	(b)  In the selection of instructional materials, library
862	media books, and other reading material used in the public
863	school system, the standards used to determine the propriety of
864	the material shall include:
865	1.  The age of the students who normally could be expected
866	to have access to the material.
867	2.  The educational purpose to be served by the material.
868	In considering instructional materials for classroom use,
869	priority shall be given to the selection of materials which
870	encompass the state and district school board performance
871	standards provided for in s. 1001.03(1) and which include the
872	instructional objectives contained within the curriculum
873	frameworks approved by rule of the State Board of Education.
874	3.  The degree to which the material would be supplemented
875	and explained by mature classroom instruction as part of a
876	normal classroom instructional program.
877	4.  The consideration of the broad racial, ethnic,
878	socioeconomic, and cultural diversity of the students of this
879	state.
880
881	Any instructional material No book or other material containing
882	hard-core pornography or otherwise prohibited by s. 847.012 may
883	not shall be used or made available within any public school
884	district.
885	(3)  CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.-As
886	soon as practicable after the commissioner has adopted any
887	instructional materials and all bidders that have secured the
888	adoption of any instructional materials have been notified
889	thereof by registered letter, the department of Legal Affairs
890	shall prepare a contract in proper form with every bidder
891	awarded the adoption of any instructional materials. Each
892	contract shall be executed by the commissioner Governor and
893	Secretary of State under the seal of the state, one copy to be
894	kept by the contractor, one copy to be filed with the Department
895	of State, and one copy to be filed with the department. After
896	giving due consideration to comments by the district school
897	boards, the commissioner, with the agreement of the publisher,
898	may extend or shorten a contract period for a period not to
899	exceed 2 years; and the terms of any such contract shall remain
900	the same as in the original contract. Any publisher or
901	manufacturer to whom any contract is let under this part must
902	give bond in such amount as the department commissioner
903	requires, payable to the state, conditioned for the faithful,
904	honest, and exact performance of the contract. The bond must
905	provide for the payment of reasonable attorney's fees in case of
906	recovery in any suit thereon. The surety on the bond must be a
907	guaranty or surety company lawfully authorized to do business in
908	the state; however, the bond shall not be exhausted by a single
909	recovery but may be sued upon from time to time until the full
910	amount thereof is recovered, and the department may at any time,
911	after giving 30 days' notice, require additional security or
912	additional bond. The form of any bond or bonds or contract or
913	contracts under this part shall be prepared and approved by the
914	department of Legal Affairs. At the discretion of the department
915	commissioner, a publisher or manufacturer to whom any contract
916	is let under this part may be allowed a cash deposit in lieu of
917	a bond, conditioned for the faithful, honest, and exact
918	performance of the contract. The cash deposit, payable to the
919	department, shall be placed in the Textbook Bid Trust Fund. The
920	department may recover damages on the cash deposit given by the
921	contractor for failure to furnish instructional materials, the
922	sum recovered to inure to the General Revenue Fund.
923	(7)  FORFEITURE OF CONTRACT AND BOND.-If any publisher or
924	manufacturer of instructional materials fails or refuses to
925	furnish a book, or books, or other instructional materials as
926	provided in the contract, the publisher's or manufacturer's his
927	or her bond is forfeited and the commissioner must department
928	shall make another contract on such terms as it may find
929	desirable, after giving due consideration to the recommendations
930	of the commissioner.
931	Section 18.  Subsection (2) of section 1006.35, Florida
932	Statutes, is amended to read:
933	1006.35  Accuracy of instructional materials.-
934	(2)  When errors in state-adopted materials are confirmed,
935	the publisher of the materials shall provide to each district
936	school board that has purchased the materials the corrections in
937	a format approved by the department commissioner.
938	Section 19.  Section 1006.36, Florida Statutes, is amended
939	to read:
940	1006.36  Term of adoption for instructional materials.-
941	(1)  The term of adoption of any instructional materials
942	must be a 5-year 6-year period beginning on April 1 following
943	the adoption, except that the commissioner may approve terms of
944	adoption of less than 5 6 years for materials in content areas
945	which require more frequent revision. Any contract for
946	instructional materials may be extended as prescribed in s.
947	1006.34(3).
948	(2)  The department shall publish annually an official
949	schedule of subject areas to be called for adoption for each of
950	the succeeding 2 years, and a tentative schedule for years 3, 4,
951	and 5, and 6. If extenuating circumstances warrant, the
952	commissioner may order the department to add one or more subject
953	areas to the official schedule and, in which event the
954	commissioner shall develop criteria for such additional subject
955	area or areas and make them available to publishers as soon as
956	practicable before the date on which bids are due. The schedule
957	shall be developed so as to promote balance among the subject
958	areas so that the required expenditure for new instructional
959	materials is approximately the same each year in order to
960	maintain curricular consistency.
961	Section 20.  Subsections (2), (3), (5), and (14) through
962	(17) of section 1006.38, Florida Statutes, are amended to read:
963	1006.38  Duties, responsibilities, and requirements of
964	instructional materials publishers and manufacturers.-Publishers
965	and manufacturers of instructional materials, or their
966	representatives, shall:
967	(2)  Electronically deliver fully developed sample specimen
968	copies of all instructional materials upon which bids are based
969	to the department pursuant to procedures adopted by the State
970	Board of Education each member of a state instructional
971	materials committee. At the conclusion of the review process,
972	manufacturers submitting samples of instructional materials are
973	entitled to the return thereof, at the expense of the
974	manufacturers; or, in the alternative, the manufacturers are
975	entitled to reimbursement by the individual committee members
976	for the retail value of the samples.
977	(3)  Submit, at a time designated in s. 1006.33, the
978	following information:
979	(a)  Detailed specifications of the physical
980	characteristics of the instructional materials, including any
981	software or technological tools required for use by the
982	district, school, teachers, or students. The publisher or
983	manufacturer shall comply with these specifications if the
984	instructional materials are adopted and purchased in completed
985	form.
986	(b)  Evidence Written proof that the publisher has provided
987	materials that address the written correlations to appropriate
988	curricular objectives included within applicable performance
989	standards provided for in s. 1001.03(1) and that can be accessed
990	through the district's local instructional improvement system
991	and a variety of electronic, digital, and mobile devices.
992	(5)  Furnish the instructional materials offered by them at
993	a price in the state which, including all costs of electronic
994	transmission transportation to their depositories, may shall not
995	exceed the lowest price at which they offer such instructional
996	materials for adoption or sale to any state or school district
997	in the United States.
998	(14)  For all other subject areas, maintain in the
999	depository an inventory of instructional materials sufficient to
1000	receive and fill orders.
1001	(14)(15)  Accurately and fully disclose only the names of
1002	those persons who actually authored the instructional materials.
1003	In addition to the penalties provided in subsection (16) (17),
1004	the commissioner may remove from the list of state-adopted
1005	instructional materials those instructional materials whose
1006	publisher or manufacturer misleads the purchaser by falsely
1007	representing genuine authorship.
1008	(15)(16)  Grant, without prior written request, for any
1009	copyright held by the publisher or its agencies automatic
1010	permission to the department or its agencies for the
1011	reproduction of instructional materials textbooks and
1012	supplementary materials in braille, or large print, or other
1013	appropriate format in the form of sound recordings, for use by
1014	visually impaired students or other students with disabilities
1015	that would benefit from use of the materials.
1016	(16)(17)  Upon the willful failure of the publisher or
1017	manufacturer to comply with the requirements of this section, be
1018	liable to the department in the amount of three 3 times the
1019	total sum which the publisher or manufacturer was paid in excess
1020	of the price required under subsections (5) and (6) and in the
1021	amount of three 3 times the total value of the instructional
1022	materials and services which the district school board is
1023	entitled to receive free of charge under subsection (7).
1024	Section 21.  Subsection (5) of section 1006.39, Florida
1025	Statutes, is amended to read:
1026	1006.39  Production and dissemination of educational
1027	materials and products by department.-
1028	(5)  The department may shall not enter into the business
1029	of producing or publishing instructional materials textbooks, or
1030	the contents therein, for general use in classrooms.
1031	Section 22.  Subsection (2), paragraph (a) of subsection
1032	(3), and subsection (4) of section 1006.40, Florida Statutes,
1033	are amended to read:
1034	1006.40  Use of instructional materials allocation;
1035	instructional materials, library books, and reference books;
1036	repair of books.-
1037	(2)(a)  Each district school board must purchase current
1038	instructional materials to provide each student with a textbook
1039	or other instructional materials as a major tool of instruction
1040	in core courses of the appropriate subject areas of mathematics,
1041	language arts, science, social studies, reading, and literature
1042	for kindergarten through grade 12. Such purchase must be made
1043	within the first 2 years after the effective date of the
1044	adoption cycle; however, this requirement is waived for the
1045	adoption cycle occurring in the 2008-2009 academic year for
1046	schools within the district which are identified in the top four
1047	categories of schools pursuant to s. 1008.33, as amended by
1048	chapter 2009-144, Laws of Florida. The Commissioner of Education
1049	may provide a waiver of this requirement for the adoption cycle
1050	occurring in the 2008-2009 academic year if the district
1051	demonstrates that it has intervention and support strategies to
1052	address the particular needs of schools in the lowest two
1053	categories. Unless specifically provided for in the General
1054	Appropriations Act, the cost of instructional materials
1055	purchases required by this paragraph shall not exceed the amount
1056	of the district's allocation for instructional materials,
1057	pursuant to s. 1011.67, for the previous 2 years.
1058	(b)  The requirement in paragraph (a) does not apply to
1059	contracts in existence before April 1, 2000, or to a purchase
1060	related to growth of student membership in the district or for
1061	instructional materials maintenance needs.
1062	(3)(a)  By the 2013-2014 fiscal year, each district school
1063	board shall use at least 50 percent of the annual allocation for
1064	the purchase of digital or electronic instructional materials
1065	included on the state-adopted list, except as otherwise
1066	authorized in paragraphs (b) and (c). No less than 50 percent of
1067	the annual allocation shall be used to purchase items which will
1068	be used to provide instruction to students at the level or
1069	levels for which the materials are designed.
1070	(4)  Funds that are not used to purchase digital or
1071	electronic instructional materials may The funds described in
1072	subsection (3) which district school boards may use to purchase
1073	materials not on the state-adopted list shall be used for the
1074	purchase of instructional materials or other items having
1075	intellectual content which assist in the instruction of a
1076	subject or course. These items may be available in bound,
1077	unbound, kit, or package form and may consist of hardbacked or
1078	softbacked textbooks, electronic content, replacements for items
1079	which were part of previously purchased instructional materials,
1080	consumables, learning laboratories, manipulatives, electronic
1081	media, computer courseware or software, and other commonly
1082	accepted instructional tools as prescribed by district school
1083	board rule. The funds available to district school boards for
1084	the purchase of materials not on the state-adopted list may not
1085	be used to purchase electronic or computer hardware even if such
1086	hardware is bundled with software or other electronic media
1087	unless the district school board has complied with the
1088	requirements in s. 1011.62(6)(b)5., nor may such funds be used
1089	to purchase equipment or supplies. However, when authorized to
1090	do so in the General Appropriations Act, a school or district
1091	school board may use a portion of the funds available to it for
1092	the purchase of materials not on the state-adopted list to
1093	purchase science laboratory materials and supplies.
1094	Section 23.  Section 1006.43, Florida Statutes, is
1095	repealed.
1096	Section 24.  Paragraphs (p) and (q) of subsection (1) and
1097	paragraph (b) of subsection (6) of section 1011.62, Florida
1098	Statutes, are amended to read:
1099	1011.62  Funds for operation of schools.-If the annual
1100	allocation from the Florida Education Finance Program to each
1101	district for operation of schools is not determined in the
1102	annual appropriations act or the substantive bill implementing
1103	the annual appropriations act, it shall be determined as
1104	follows:
1105	(1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
1106	OPERATION.-The following procedure shall be followed in
1107	determining the annual allocation to each district for
1108	operation:
1109	(p)  Calculation of additional full-time equivalent
1110	membership based on certification of successful completion of
1111	industry-certified career and professional academy programs
1112	pursuant to ss. 1003.491, 1003.492, and 1003.493 and identified
1113	in the Industry Certified Funding List pursuant to rules adopted
1114	by the State Board of Education.-A maximum value of 0.3 full-
1115	time equivalent student membership shall be calculated for each
1116	student who completes an industry-certified career and
1117	professional academy program under ss. 1003.491, 1003.492, and
1118	1003.493 and who is issued the highest level of industry
1119	certification identified annually in the Industry Certification
1120	Funding List approved under rules adopted by the State Board of
1121	Education and a high school diploma. The value of the full-time
1122	equivalent student membership shall be determined by weights
1123	adopted by the State Board of Education pursuant to s. 1003.492.
1124	Such value shall be added to the total full-time equivalent
1125	student membership in secondary career education programs for
1126	grades 9 through 12 in the subsequent year for courses that were
1127	not funded through dual enrollment. The additional full-time
1128	equivalent membership authorized under this paragraph may not
1129	exceed 0.3 per student. Each district must allocate at least 80
1130	percent of the funds provided for industry certification, in
1131	accordance with this paragraph, to the program that generated
1132	the funds. Unless a different amount is specified in the General
1133	Appropriations Act, the appropriation for this calculation is
1134	limited to $15 million annually. If the appropriation is
1135	insufficient to fully fund the total calculation, the
1136	appropriation shall be prorated.
1137	(q)  Calculation of additional full-time equivalent
1138	membership for the Florida Virtual School.-
1139	1.  The reported full-time equivalent student membership
1140	for the Florida Virtual School for students who are also
1141	enrolled in a school district shall be multiplied by 0.114, and
1142	such value shall be added to the total full-time equivalent
1143	student membership.
1144	2.  Notwithstanding subparagraph 1., for the 2011-2012
1145	fiscal year, the reported full-time equivalent student
1146	membership for the Florida Virtual School for students who are
1147	also enrolled in a school district shall be multiplied by 0.228,
1148	and such value shall be added to the total full-time equivalent
1149	student membership.
1150	(6)  CATEGORICAL FUNDS.-
1151	(b)  If a district school board finds and declares in a
1152	resolution adopted at a regular meeting of the school board that
1153	the funds received for any of the following categorical
1154	appropriations are urgently needed to maintain school board
1155	specified academic classroom instruction, the school board may
1156	consider and approve an amendment to the school district
1157	operating budget transferring the identified amount of the
1158	categorical funds to the appropriate account for expenditure:
1159	1.  Funds for student transportation.
1160	2.  Funds for safe schools.
1161	3.  Funds for supplemental academic instruction.
1162	4.  Funds for research-based reading instruction.
1163	5.  Funds for instructional materials if all instructional
1164	material purchases necessary to provide updated materials
1165	aligned to Next Generation Sunshine State Standards and
1166	benchmarks and that meet statutory requirements of content and
1167	learning have been completed for that fiscal year, but no sooner
1168	than March 1, 2011. Funds available after March 1 may be used to
1169	purchase hardware for student instruction.
1170	Section 25.  Subsection (2) of section 1011.685, Florida
1171	Statutes, is amended to read:
1172	1011.685  Class size reduction; operating categorical
1173	fund.-
1174	(2)  Class size reduction operating categorical funds shall
1175	be used by school districts to reduce class size as required in
1176	s. 1003.03. A school district that meets the maximum class size
1177	requirements may use the funds, or the funds may be used for any
1178	lawful operating expenditure; however, priority shall be given
1179	to increasing salaries of classroom teachers.
1180	Section 26.  Paragraph (d) of subsection (2), paragraph (b)
1181	of subsection (3), and subsection (5) of section 1011.71,
1182	Florida Statutes, are amended to read:
1183	1011.71  District school tax.-
1184	(2)  In addition to the maximum millage levy as provided in
1185	subsection (1), each school board may levy not more than 1.5
1186	mills against the taxable value for school purposes for district
1187	schools, including charter schools at the discretion of the
1188	school board, to fund:
1189	(d)  The purchase, lease-purchase, or lease of new and
1190	replacement equipment; computer hardware, including electronic
1191	hardware and other hardware devices necessary for gaining access
1192	to or enhancing the use of electronic content and resources or
1193	to facilitate the access to and the use of a school district's
1194	local instructional improvement electronic learning management
1195	system pursuant to s. 1006.281, excluding software other than
1196	the operating system necessary to operate the hardware or
1197	device; and enterprise resource software applications that are
1198	classified as capital assets in accordance with definitions of
1199	the Governmental Accounting Standards Board, have a useful life
1200	of at least 5 years, and are used to support districtwide
1201	administration or state-mandated reporting requirements.
1202	(3)
1203	(b)  In addition to the millage authorized in this section,
1204	each district school board may, by a super majority vote, levy
1205	an additional 0.25 mills for critical capital outlay needs or
1206	for critical operating needs. If levied for capital outlay,
1207	expenditures shall be subject to the requirements of this
1208	section. If levied for operations, expenditures shall be
1209	consistent with the requirements for operating funds received
1210	pursuant to s. 1011.62. If the district levies this additional
1211	0.25 mills for operations, the compression adjustment pursuant
1212	to s. 1011.62(5) shall be calculated and added to the district's
1213	FEFP allocation. Millage levied pursuant to this paragraph is
1214	subject to the provisions of s. 200.065. In order to be
1215	continued after the 2010-2011 fiscal year, millage levied
1216	pursuant to this paragraph must be approved by the voters of the
1217	district at the 2010 general election or at a subsequent
1218	election held at any time, except that not more than one such
1219	election shall be held during any 12-month period. Any millage
1220	so authorized shall be levied for a period not in excess of 2
1221	years or until changed by another millage election, whichever is
1222	earlier. If any such election is invalidated by a court of
1223	competent jurisdiction, such invalidated election shall be
1224	considered not to have been held. This paragraph is repealed
1225	effective June 30, 2011. However, for the 2011-2012 and 2012-
1226	2013 fiscal years, the 0.25 mills may be levied in the districts
1227	in which it was authorized by the voters of the district in the
1228	2010 general election. Funds generated by this additional
1229	millage may not be included in the calculation of the Florida
1230	Education Finance Program in the 2011-2012 fiscal year or any
1231	subsequent fiscal year and must not be incorporated in the
1232	calculation of any hold-harmless or other component of the
1233	Florida Education Finance Program in any fiscal year.
1234	(5)  Effective July 1, 2008, a school district may expend,
1235	subject to the provisions of s. 200.065, up to $200 $100 per
1236	unweighted full-time equivalent student from the revenue
1237	generated by the millage levy authorized by subsection (2) to
1238	fund, in addition to expenditures authorized in paragraphs
1239	(2)(a)-(j), expenses for the following:
1240	(a)  The purchase, lease-purchase, or lease of driver's
1241	education vehicles; motor vehicles used for the maintenance or
1242	operation of plants and equipment; security vehicles; or
1243	vehicles used in storing or distributing materials and
1244	equipment.
1245	(b)  Payment of the cost of premiums, as defined in s.
1246	627.403, for property and casualty insurance necessary to insure
1247	school district educational and ancillary plants. As used in
1248	this paragraph, casualty insurance has the same meaning as in s.
1249	624.605(1)(d), (f), (g), (h), and (m). Operating revenues that
1250	are made available through the payment of property and casualty
1251	insurance premiums from revenues generated under this subsection
1252	may be expended only for nonrecurring operational expenditures
1253	of the school district.
1254	Section 27.  If the Commissioner of Education determines
1255	that a school district acted in good faith, he or she may waive
1256	the equal-dollar reduction required in s. 1011.71, Florida
1257	Statutes, for audit findings during the 2008-2009 and 2009-2010
1258	fiscal years which were related to the purchase of software or
1259	the cost of premiums for property insurance and casualty
1260	insurance as defined in s. 624.605(1)(d), (f), (g), (h), and
1261	(m), Florida Statutes.
1262	Section 28.  This act shall take effect July 1, 2011.
1263
1264
1265	-----------------------------------------------------
1266	T I T L E  A M E N D M E N T
1267	Remove the entire title and insert:
1268	A bill to be entitled
1269	An act relating to prekindergarten through grade 12
1270	education funding; amending s. 1001.10, F.S.; conforming
1271	provisions to changes made by the act relating to the
1272	review of instructional materials; amending s. 1002.33,
1273	F.S.; revising provisions relating to charter school
1274	capital outlay funding; providing that a charter school
1275	system meeting certain requirements shall be designated a
1276	local educational agency for the purpose of receiving
1277	federal funds; amending s. 1002.45, F.S., relating to
1278	school district virtual instruction programs; requiring
1279	school districts to expend certain funds for the
1280	district's local instructional improvement system or other
1281	technological tools; amending s. 1002.55, F.S.; revising
1282	requirements for school-year private prekindergarten
1283	program providers; amending s. 1002.63, F.S.; revising
1284	requirements for school-year prekindergarten programs
1285	delivered by public schools; amending s. 1002.71, F.S.;
1286	revising provisions relating to the amount of funds
1287	retained by an early learning coalition for administration
1288	of prekindergarten education programs; amending s.
1289	1003.01, F.S.; redefining the terms "core-curricula
1290	courses" and "extracurricular courses"; amending s.
1291	1003.03, F.S.; revising class size requirements; providing
1292	requirements for the assignment of a student to a class
1293	that exceeds the class size maximum; amending s. 1003.492,
1294	F.S.; requiring State Board of Education rules to
1295	establish a process for weighting the value of industry
1296	certifications for career education programs; amending s.
1297	1006.28, F.S.; revising school district duties to provide
1298	instructional materials; replacing references to the term
1299	"textbooks" with the term "instructional materials";
1300	amending s. 1006.281, F.S.; defining the term "local
1301	instructional improvement system"; providing system
1302	requirements for managing instructional improvement and
1303	student learning; requiring each school district to
1304	provide access to its system; requiring State Board of
1305	Education rules and minimum standards for local
1306	instructional improvement systems; amending s. 1006.29,
1307	F.S.; replacing references to the term "state
1308	instructional materials committees" with the term "state
1309	instructional materials reviewers"; requiring the
1310	Commissioner of Education to appoint state or national
1311	experts to review and evaluate instructional materials;
1312	providing for school district reviewers to review
1313	recommendations for state adoption; requiring adopted
1314	instructional materials to be provided in an electronic or
1315	a digital format; amending s. 1006.30, F.S.; revising
1316	provisions relating to the affidavit of state
1317	instructional materials reviewers to conform to changes
1318	made by the act; amending s. 1006.31, F.S.; revising
1319	provisions relating to the duties of each state
1320	instructional materials reviewer to conform to changes
1321	made by the act; amending s. 1006.32, F.S.; revising
1322	provisions relating to prohibited acts to conform to
1323	changes made by the act; amending s. 1006.33, F.S.,
1324	relating to bids or proposals and advertisements of
1325	instructional materials; providing requirements for
1326	digital specifications; amending s. 1006.34, F.S.;
1327	revising powers and duties of the commissioner and the
1328	Department of Education in selecting and adopting
1329	instructional materials; providing an exemption from the
1330	requirement that a rule having certain regulatory costs be
1331	ratified by the Legislature; amending s. 1006.35, F.S.;
1332	conforming provisions relating to the accuracy of
1333	instructional materials to changes made by the act;
1334	amending s. 1006.36, F.S.; reducing the term of adoption
1335	of instructional materials from a 6-year period to a 5-
1336	year period; amending s. 1006.38, F.S.; revising
1337	provisions relating to the duties, responsibilities, and
1338	requirements of instructional materials publishers and
1339	manufacturers; requiring electronic delivery of copies of
1340	instructional materials to the department; amending s.
1341	1006.39, F.S.; revising provisions relating to the
1342	production and dissemination of educational materials and
1343	products by the department to conform to changes made by
1344	the act; amending s. 1006.40, F.S.; revising provisions
1345	relating to the use of the annual allocation for the
1346	purchase of instructional materials; repealing s. 1006.43,
1347	F.S., relating to department expenses and its annual
1348	legislative budget request; amending s. 1011.62, F.S.;
1349	revising provisions relating to the value of student
1350	membership for certain students in career and professional
1351	academy programs for purposes of education funding;
1352	revising provisions relating to the value of student
1353	membership for certain students in the Florida Virtual
1354	School; amending s. 1011.685, F.S.; revising provisions
1355	relating to the use of class size reduction operating
1356	categorical funds; amending s. 1011.71, F.S.; conforming
1357	provisions to changes made by the act; repealing
1358	provisions relating to the levy of additional millage for
1359	critical capital outlay or operating needs; authorizing
1360	the levy in certain school districts; providing
1361	restrictions; increasing the amount that school districts
1362	may expend per unweighted full-time equivalent student
1363	from the revenue generated by the levy of capital
1364	improvement millage; clarifying the types of insurance
1365	premiums that may be paid from revenue generated by the
1366	levy; authorizing the Commissioner of Education to waive
1367	the equal-dollar reduction requirement for certain
1368	expenditures relating to the purchase of software and the
1369	cost of premiums for property and casualty insurance;
1370	providing an effective date.

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