Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1388
       
       
       
       
       
                                Barcode 413204                          
       
       576-04157-13                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to instructional materials for K-12
    3         public education; amending s. 1006.28, F.S.; revising
    4         the duties of a district school board and the district
    5         superintendent with regard to instructional materials;
    6         repealing s. 1006.282, F.S., relating to the pilot
    7         program for the transition to electronic and digital
    8         instructional materials; creating s. 1006.283, F.S.;
    9         authorizing a district school board or a consortium of
   10         school districts to implement an instructional
   11         materials program; requiring the district
   12         superintendent to certify to the Department of
   13         Education that core instructional materials align with
   14         applicable state standards; requiring the district
   15         school board to adopt rules; authorizing the district
   16         school board to set and collect fees from a publisher
   17         that participates in the instructional materials
   18         review process; providing a limit on fees; prohibiting
   19         fees from being collected from publishers to review
   20         instructional materials; providing for a stipend and
   21         reimbursement for travel expenses and per diem for
   22         reviewers; requiring instructional materials that are
   23         approved by the district instructional materials
   24         reviewers to be aligned with applicable state
   25         standards; requiring each district school board to
   26         annually certify that the instructional materials
   27         align with applicable state standards; providing
   28         pricing requirements for instructional materials;
   29         amending s. 1006.29, F.S.; providing a definition;
   30         requiring the department to appoint state
   31         instructional materials reviewers, rather than state
   32         or national experts, to review instructional
   33         materials; providing requirements, appointments, and
   34         terms for state instructional materials reviewers;
   35         authorizing the department to compensate assigned
   36         reviewers with funds collected through certain fees;
   37         providing a purpose for the use of the fees;
   38         authorizing a stipend for service as a reviewer;
   39         providing for payment for per diem and reimbursement
   40         for travel expenses for service as a reviewer;
   41         requiring a publisher to offer sections of
   42         instructional materials in certain versions at reduced
   43         rates; requiring the department to post certain
   44         instructional materials on its website; amending s.
   45         1006.30, F.S.; conforming provisions to changes made
   46         by the act; amending s. 1006.31, F.S.; conforming
   47         provisions to changes made by the act; revising the
   48         procedure for evaluating instructional materials;
   49         providing standards to determine the propriety of
   50         instructional materials; amending s. 1006.32, F.S.;
   51         conforming provisions to changes made by the act;
   52         repealing s. 1006.33, F.S., relating to bids,
   53         proposals, and advertisement regarding instructional
   54         materials; amending s. 1006.34, F.S.; revising the
   55         powers and duties of the State Board of Education in
   56         evaluating instructional materials to include
   57         collecting fees and adopting rules; conforming
   58         provisions to changes made by the act; amending s.
   59         1006.35, F.S.; authorizing the Commissioner of
   60         Education to remove materials from the list of
   61         approved materials if the materials do not align with
   62         applicable state standards; prohibiting a school
   63         district from purchasing removed materials under
   64         certain circumstances; amending s. 1006.36, F.S.;
   65         providing for the state review cycle for instructional
   66         materials; amending s. 1006.37, F.S.; authorizing a
   67         district school superintendent to requisition approved
   68         instructional materials; conforming provisions to
   69         changes made by the act; amending s. 1006.38, F.S.;
   70         providing for applicability; revising duties of
   71         publishers and manufacturers; amending s. 1006.40,
   72         F.S.; revising the allocation for instructional
   73         materials; amending s. 1001.10, F.S.; revising the
   74         duties of the commissioner with regard to
   75         instructional materials, including submission of a
   76         report to the Governor and the Legislature; amending
   77         s. 1003.55, F.S.; requiring a publisher or
   78         manufacturer of instructional materials that have been
   79         approved by the Department of Education or a school
   80         district to furnish the department with a computer
   81         file in an electronic format specified by the
   82         department; amending ss. 1003.621 and 1011.62, F.S.;
   83         conforming provisions to changes made by the act;
   84         providing an effective date.
   85  
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Paragraph (b) of subsection (1) and subsection
   89  (2) of section 1006.28, Florida Statutes, are amended to read:
   90         1006.28 Duties of district school board, district school
   91  superintendent; and school principal regarding K-12
   92  instructional materials.—
   93         (1) DISTRICT SCHOOL BOARD.—The district school board has
   94  the duty to provide adequate instructional materials for all
   95  students in accordance with the requirements of this part. The
   96  term “adequate instructional materials” means a sufficient
   97  number of student or site licenses or sets of materials that are
   98  available in bound, unbound, kit, or package form and may
   99  consist of hardbacked or softbacked textbooks, electronic
  100  content, consumables, learning laboratories, manipulatives,
  101  electronic media, and computer courseware or software that serve
  102  as the basis for instruction for each student in the core
  103  courses of mathematics, language arts, social studies, science,
  104  reading, and literature. The district school board has the
  105  following specific duties:
  106         (b) Instructional materials.—Provide for proper
  107  requisitioning, distribution, accounting, storage, care, and use
  108  of all instructional materials and furnish such other
  109  instructional materials as may be needed. The district school
  110  board shall ensure that instructional materials used in the
  111  district are consistent with the district goals and objectives
  112  and the course descriptions established in curriculum frameworks
  113  adopted by rule of the State Board of Education, as well as with
  114  the state and district performance standards provided for in s.
  115  1001.03(1).
  116         (2) DISTRICT SCHOOL SUPERINTENDENT.—
  117         (a) The district school superintendent has the duty to
  118  recommend such plans for improving, providing, distributing,
  119  accounting for, and caring for instructional materials and other
  120  instructional aids as will result in general improvement of the
  121  district school system, as prescribed in this part, in
  122  accordance with adopted district school board rules prescribing
  123  the duties and responsibilities of the district school
  124  superintendent regarding the requisition, purchase, receipt,
  125  storage, distribution, use, conservation, records, and reports
  126  of, and management practices and property accountability
  127  concerning, instructional materials, and providing for an
  128  evaluation of any instructional materials to be requisitioned
  129  that have not been used previously in the district’s schools.
  130  The district school superintendent must keep adequate records
  131  and accounts for all financial transactions for funds collected
  132  pursuant to subsection (3), as a component of the educational
  133  service delivery scope in a school district best financial
  134  management practices review under s. 1008.35.
  135         (b) Beginning in the 2013-2014 school year, each district
  136  school superintendent shall certify to the department by March
  137  31 of each year that all core instructional materials used by
  138  the district are aligned with applicable state standards. A list
  139  of the state-approved or district-approved core instructional
  140  materials that will be used or purchased for use by the school
  141  district shall be included in the certification notify the
  142  department by April 1 of each year the state-adopted
  143  instructional materials that will be requisitioned for use in
  144  his or her school district. The notification shall include a
  145  district school board plan for instructional materials use to
  146  assist in determining if adequate instructional materials have
  147  been requisitioned.
  148         (c) Each principal shall verify that all instructional
  149  materials are fully and properly accounted for as prescribed by
  150  adopted rules of the district school board.
  151         Section 2. Section 1006.282, Florida Statutes, is repealed.
  152         Section 3. Section 1006.283, Florida Statutes, is created
  153  to read:
  154         1006.283 District school board instructional materials
  155  review process.—
  156         (1) A school board or consortium of school districts may
  157  implement an instructional materials program that includes the
  158  review, approval, and purchasing of instructional materials.
  159  Beginning in the 2013-2014 school year, the district school
  160  superintendent shall certify to the department by March 31 of
  161  each year that all core instructional materials used by the
  162  district are aligned with applicable state standards. Included
  163  in the certification shall be a list of the core instructional
  164  materials that will be used or purchased for use by the school
  165  district.
  166         (2) The school board shall adopt rules implementing the
  167  district’s instructional materials program which must include,
  168  but need not be limited to:
  169         (a) Its review and purchase process.
  170         (b) Identification of a review cycle for instructional
  171  materials.
  172         (c) The duties and qualifications of the instructional
  173  materials reviewers.
  174         (d) The requirements for an affidavit made by a district
  175  instructional materials reviewer, which substantially includes
  176  the requirements of s. 1006.30.
  177         (e) Compliance with s. 1006.32, relating to prohibited
  178  acts.
  179         (f) A process that certifies the accuracy of instructional
  180  materials.
  181         (g) The incorporation of applicable requirements of s.
  182  1006.38, relating to the duties, responsibilities, and
  183  requirements of publishers of instructional materials.
  184         (h) The process by which instructional materials will be
  185  purchased, including advertising, bidding, and purchasing
  186  requirements.
  187         (3)(a) The school board may set and collect fees from
  188  publishers participating in the instructional materials approval
  189  process. The amount assessed and collected shall be advertised
  190  and must be reported to the district school board. The fees may
  191  not exceed the fees that are assessed for those materials
  192  submitted for review by the state as defined by the State Board
  193  of Education. Any fees collected for this process shall be
  194  allocated for the support of the review process and maintained
  195  in a separate line item for auditing purposes. Fees may not be
  196  collected from publishers to review instructional materials that
  197  are approved by the department and placed on the department’s
  198  website.
  199         (b) The fees shall be used to cover the actual cost of
  200  substitute teachers for each workday that a member of a school
  201  district’s instructional staff is absent from his or her
  202  assigned duties for the purpose of rendering service as an
  203  instructional materials reviewer. In addition, each reviewer may
  204  be paid a stipend and is entitled to reimbursement for travel
  205  expenses and per diem in accordance with s. 112.061 for actual
  206  service in meetings.
  207         (4) Instructional materials that have been reviewed by the
  208  district instructional materials reviewers and approved must
  209  have been determined to align with all applicable state
  210  standards pursuant to s. 1003.41 and the requirements in s.
  211  1006.31. The school board shall annually certify to the
  212  department that the school board’s core instructional materials
  213  are aligned with all applicable state standards.
  214         (5) A publisher that offers instructional materials to a
  215  district school board must provide such materials at a price
  216  which, including all costs of electronic transmission, does not
  217  exceed the lowest price at which the publisher offers such
  218  instructional materials for approval or sale to any state or
  219  school district in the United States.
  220         (6)A publisher shall reduce automatically the price of the
  221  instructional materials to the district school board to the
  222  extent that reductions are made elsewhere in the United States.
  223         Section 4. Section 1006.29, Florida Statutes, is amended to
  224  read:
  225         1006.29 Department of Education State instructional
  226  materials reviewers.—
  227         (1) For purposes of this section, the term “instructional
  228  materials” means items that have intellectual content and that,
  229  by design, serve as a major tool or for assisting in the
  230  instruction of a subject or course.
  231         (2)(1)(a) The commissioner shall determine annually the
  232  areas in which instructional materials shall be submitted for
  233  approval adoption, taking into consideration the desires of the
  234  district school boards. The commissioner shall also determine
  235  the number of titles to be adopted in each area.
  236         (b) By April 15 of each school year, The department
  237  commissioner shall appoint five reviewers for each submission by
  238  a publisher or district school board three state or national
  239  experts in the content areas submitted for adoption to review
  240  for approval the instructional materials and evaluate the
  241  content for alignment with the applicable Next Generation
  242  Sunshine state standards. These reviewers shall be designated as
  243  state instructional materials reviewers and shall review The
  244  materials shall be evaluated for the level of instructional
  245  support and the accuracy and appropriateness of progression of
  246  introduced content. Instructional materials shall be made
  247  electronically available to the reviewers. The state review of
  248  the instructional materials shall be made by the five reviewers.
  249  Two of the reviewers must be professional content experts, two
  250  must be K-12 educators who are actively engaged in teaching or
  251  in the supervision of teaching in the public elementary, middle,
  252  or high schools and represent the major fields and levels in
  253  which instructional materials are used in the public schools,
  254  and one must be a lay person who is not professionally connected
  255  with education. In the event only four reviewers can be
  256  procured, or if one of the five reviewers is unable to fulfill
  257  his or her responsibilities, the additional reviewer may be a
  258  content expert from the department. As part of the review
  259  process, each reviewer shall be provided training on the
  260  electronic review system. The reviewers shall independently make
  261  recommendations to the commissioner regarding materials that
  262  should be placed on the list of approved materials through an
  263  electronic feedback review system.
  264         (c)The department may assess and collect fees in
  265  accordance with s. 1006.34(2). The amount assessed and collected
  266  shall be advertised and must be reported to the State Board of
  267  Education. Any fees collected for this process shall be
  268  allocated for the support of the review process, maintained in a
  269  separate account for auditing purposes, and deposited in the
  270  department’s Operating Trust Fund.
  271         (d) Fees collected under paragraph (c) shall be used to
  272  cover the cost of the review process including the cost of any
  273  meetings and applicable travel and per diem, and the amount paid
  274  by a school district to substitute teachers who fill in for
  275  instructional staff that is absent for the purpose of rendering
  276  service as an instructional materials reviewer. In addition,
  277  each reviewer may be paid a stipend and is entitled to
  278  reimbursement for travel expenses and per diem in accordance
  279  with s. 112.061 for actual service in meetings The initial
  280  review of the materials shall be made by only two of the three
  281  reviewers. If the two reviewers reach different results, the
  282  third reviewer shall break the tie. The reviewers shall
  283  independently make recommendations to the commissioner regarding
  284  materials that should be placed on the list of adopted materials
  285  through an electronic feedback review system.
  286         (e)(c) The commissioner shall request each district school
  287  superintendent to nominate one classroom teacher or district
  288  level content supervisor to review two or three of the
  289  submissions recommended by the department state instructional
  290  materials reviewers. School districts shall ensure that these
  291  district reviewers are provided with the support and time
  292  necessary to accomplish a thorough review of the instructional
  293  materials. District reviewers shall independently rate the
  294  recommended submissions on the instructional usability of the
  295  resources. District reviewers may be paid a stipend and are
  296  entitled to reimbursement for travel expenses and per diem in
  297  accordance with s. 112.061 for actual service in meetings, if
  298  applicable.
  299         (3)(2) For purposes of approving materials state adoption,
  300  the term “instructional materials” means items having
  301  intellectual content that by design serve as a major tool or for
  302  assisting in the instruction of a subject or course. These items
  303  may be available in bound, unbound, kit, or package form and may
  304  consist of hardbacked or softbacked textbooks, electronic
  305  content, consumables, learning laboratories, manipulatives,
  306  electronic media, and computer courseware or software. A
  307  publisher or manufacturer providing instructional materials as a
  308  single bundle shall also make the instructional materials
  309  available as separate and unbundled items, each priced
  310  individually. A publisher shall may also offer sections of
  311  state-adopted instructional materials in digital or electronic
  312  versions at reduced rates to districts, schools, and teachers.
  313         (4)(3) Beginning in the 2015-2016 academic year, all
  314  approved adopted instructional materials for students in
  315  kindergarten through grade 12 must be provided in an electronic
  316  or digital format. For purposes of this section, the term:
  317         (a) “Electronic format” means text-based or image-based
  318  content in a form that is produced on, published by, and
  319  readable on computers or other digital devices and is an
  320  electronic version of a printed book, whether or not any printed
  321  equivalent exists.
  322         (b) “Digital format” means text-based or image-based
  323  content in a form that provides the student with various
  324  interactive functions; that can be searched, tagged,
  325  distributed, and used for individualized and group learning;
  326  that includes multimedia content such as video clips,
  327  animations, and virtual reality; and that has the ability to be
  328  accessed at any time and anywhere.
  329  
  330  The terms do not include electronic or computer hardware even if
  331  such hardware is bundled with software or other electronic
  332  media, nor does it include equipment or supplies.
  333         (5)(4) The department shall develop a training program for
  334  persons selected to review submitted as state instructional
  335  materials reviewers and school district reviewers. The program
  336  shall be structured to assist reviewers in developing the skills
  337  necessary to make valid, culturally sensitive, and objective
  338  decisions regarding the content and rigor of instructional
  339  materials. All persons reviewing serving as instructional
  340  materials reviewers must complete the training program prior to
  341  beginning the review and selection process.
  342         (6) By March 1 of each year, the department shall post on
  343  its website a list of department-approved instructional
  344  materials and instructional materials approved by other states
  345  which align with applicable state standards. The list shall be
  346  maintained and updated periodically. The list shall be
  347  comprehensive and include sufficient instructional materials or
  348  major tools to cover all of the core content areas. The posting
  349  must include the purchase price of each product once it is
  350  purchased anywhere in the United States. In addition to the
  351  posting, the department shall send school district
  352  administrators periodic updates to the website. District
  353  approved instructional materials shall also be posted on the
  354  website.
  355         Section 5. Section 1006.30, Florida Statutes, is amended to
  356  read:
  357         1006.30 Affidavit of Department of Education state
  358  instructional materials reviewers.—Before transacting any
  359  business, each department state instructional materials reviewer
  360  shall make an affidavit, to be filed with the department, that:
  361         (1) The reviewer will faithfully discharge the duties
  362  imposed upon him or her.
  363         (2) The reviewer has no interest in any publishing or
  364  manufacturing organization that produces or sells instructional
  365  materials.
  366         (3) The reviewer is in no way connected with the
  367  distribution of the instructional materials.
  368         (4) The reviewer does not have any direct or indirect
  369  pecuniary interest in the business or profits of any person
  370  engaged in manufacturing, publishing, or selling instructional
  371  materials designed for use in the public schools.
  372         (5) The reviewer will not accept any emolument or promise
  373  of future reward of any kind from any publisher or manufacturer
  374  of instructional materials or his or her agent or anyone
  375  interested in, or intending to bias his or her judgment in any
  376  way in, the selection of any materials to be approved adopted.
  377         (6) The reviewer understands that it is unlawful to discuss
  378  matters relating to instructional materials submitted for
  379  approval adoption with any agent of a publisher or manufacturer
  380  of instructional materials, either directly or indirectly,
  381  except during the period when the publisher or manufacturer is
  382  providing a presentation for the reviewer during his or her
  383  review of the instructional materials submitted for approval
  384  adoption.
  385         Section 6. Section 1006.31, Florida Statutes, is amended to
  386  read:
  387         1006.31 Duties of the Department of Education and school
  388  district each state instructional materials reviewer.—The duties
  389  of the each state instructional materials reviewer are:
  390         (1) PROCEDURES.—To adhere to procedures prescribed by the
  391  department or the district for evaluating instructional
  392  materials submitted by publishers and manufacturers in each
  393  review for approval adoption.
  394         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To evaluate
  395  carefully all instructional materials submitted, in order to
  396  ascertain which instructional materials, if any, submitted for
  397  consideration implement the selection criteria developed by the
  398  department or the district and those curricular objectives
  399  included within applicable performance standards provided for in
  400  s. 1001.03(1).
  401         (a) When evaluating recommending instructional materials
  402  for use in the schools, each reviewer shall include only
  403  instructional materials that accurately portray the ethnic,
  404  socioeconomic, cultural, and racial diversity of our society,
  405  including men and women in professional, career, and executive
  406  roles, and the role and contributions of the entrepreneur and
  407  labor in the total development of this state and the United
  408  States.
  409         (b) When evaluating recommending instructional materials
  410  for use in the schools, each reviewer shall include only
  411  materials that accurately portray, whenever appropriate,
  412  humankind’s place in ecological systems, including the necessity
  413  for the protection of our environment and conservation of our
  414  natural resources and the effects on the human system of the use
  415  of tobacco, alcohol, controlled substances, and other dangerous
  416  substances.
  417         (c) When evaluating recommending instructional materials
  418  for use in the schools, each reviewer shall require such
  419  materials as he or she deems necessary and proper to encourage
  420  thrift, fire prevention, and humane treatment of people and
  421  animals.
  422         (d) When evaluating recommending instructional materials
  423  for use in the schools, each reviewer shall require, when
  424  appropriate to the comprehension of students, that materials for
  425  social science, history, or civics classes contain the
  426  Declaration of Independence and the Constitution of the United
  427  States. A reviewer may not recommend any instructional materials
  428  for use in the schools which contain any matter reflecting
  429  unfairly upon persons because of their race, color, creed,
  430  national origin, ancestry, gender, or occupation.
  431         (e) When evaluating instructional materials, library media,
  432  and other reading material for use in the schools, a reviewer
  433  shall use the following standards to determine the propriety of
  434  the material:
  435         1. The age of students who normally could be expected to
  436  have access to the material.
  437         2. The educational purpose to be served by the material. In
  438  considering instructional materials for classroom use, priority
  439  shall be given to the selection of materials that encompass the
  440  state and district school board performance standards provided
  441  for in s. 1001.03(1) and include the instructional objectives
  442  contained within the course descriptions established in rule by
  443  the State Board of Education.
  444         3. The degree to which the material would be supplemented
  445  and explained by mature classroom instruction as part of a
  446  normal classroom instructional program.
  447         4. The degree to which the material represents the broad
  448  racial, ethnic, socioeconomic, and cultural diversity of
  449  students in the state.
  450  
  451  Any instructional material containing pornography or otherwise
  452  prohibited by s. 847.012 may not be used or made available
  453  within any public school.
  454         (c)(e)Any Instructional material recommended by a each
  455  reviewer for use in the schools shall be, to the satisfaction of
  456  the each reviewer, accurate, objective, and current and suited
  457  to the needs and comprehension of students at their respective
  458  grade levels. Reviewers shall consider for adoption materials
  459  developed for academically talented students such as those
  460  enrolled in advanced placement courses.
  461         (3) REPORT OF REVIEWERS.—After a thorough study of all data
  462  submitted on each instructional material, to submit an
  463  electronic report to the department. The report shall be made
  464  public and must include responses to each section of the report
  465  format prescribed by the department.
  466         Section 7. Section 1006.32, Florida Statutes, is amended to
  467  read:
  468         1006.32 Prohibited acts.—
  469         (1) A publisher or manufacturer of instructional material,
  470  or any representative thereof, may not offer to give any
  471  emolument, money, or other valuable thing, or any inducement, to
  472  any district school board official or department or district
  473  state instructional materials reviewer to directly or indirectly
  474  introduce, recommend, vote for, or otherwise influence the
  475  approval adoption or purchase of any instructional materials.
  476         (2) A district school board official or a department or
  477  district state instructional materials reviewer may not solicit
  478  or accept any emolument, money, or other valuable thing, or any
  479  inducement, to directly or indirectly introduce, recommend, vote
  480  for, or otherwise influence the approval adoption or purchase of
  481  any instructional material.
  482         (3) A district school board or publisher may not
  483  participate in a pilot program of materials being considered for
  484  adoption during the 18-month period before the official adoption
  485  of the materials by the commissioner. Any pilot program during
  486  the first 2 years of the adoption period must have the prior
  487  approval of the commissioner.
  488         (3)(4)A Any publisher or manufacturer of instructional
  489  materials or representative thereof or a any district school
  490  board official or department or district state instructional
  491  materials reviewer who violates any provision of this section
  492  commits a misdemeanor of the second degree, punishable as
  493  provided in s. 775.082 or s. 775.083. A Any representative of a
  494  publisher or manufacturer who violates any provision of this
  495  section, in addition to any other penalty, shall be banned from
  496  practicing business in the state for a period of 1 calendar
  497  year.
  498         (4)(5) This section does not prohibit any publisher,
  499  manufacturer, or agent from supplying, for purposes of
  500  examination, necessary sample copies of instructional materials
  501  to any district school board official or department or district
  502  state instructional materials reviewer.
  503         (5)(6) This section does not prohibit a district school
  504  board official or department or district state instructional
  505  materials reviewer from receiving sample copies of instructional
  506  materials.
  507         (6)(7) This section does not prohibit or restrict a
  508  district school board official from receiving royalties or other
  509  compensation, other than compensation paid to him or her as
  510  commission for negotiating sales to district school boards, from
  511  the publisher or manufacturer of instructional materials
  512  written, designed, or prepared by such district school board
  513  official, and adopted by the commissioner or purchased by any
  514  district school board. A No district school board official may
  515  not shall be allowed to receive royalties on any materials not
  516  on the state-adopted list purchased for use by his or her
  517  district school board.
  518         (7)(8) A district school superintendent, district school
  519  board member, teacher, or other person officially connected with
  520  the government or direction of public schools may not receive
  521  during the months actually engaged in performing duties under
  522  his or her contract any private fee, gratuity, donation, or
  523  compensation, in any manner whatsoever, for promoting the sale
  524  or exchange of any instructional material, map, or chart in any
  525  public school, or be an agent for the sale or the publisher of
  526  any instructional material or reference work, or have a direct
  527  or indirect pecuniary interest in the introduction of any such
  528  instructional material, and any such agency or interest shall
  529  disqualify any person so acting or interested from holding any
  530  district school board employment whatsoever, and the person
  531  commits a misdemeanor of the second degree, punishable as
  532  provided in s. 775.082 or s. 775.083; however, this subsection
  533  does not prevent the approval adoption of any instructional
  534  material written in whole or in part by a Florida author.
  535         Section 8. Section 1006.33, Florida Statutes, is repealed.
  536         Section 9. Section 1006.34, Florida Statutes, is amended to
  537  read:
  538         1006.34 Powers and duties of the State Board of Education
  539  commissioner and the department in evaluating selecting and
  540  adopting instructional materials.—
  541         (1) PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.—The
  542  State Board of Education shall adopt rules prescribing the
  543  procedures by which the department shall evaluate instructional
  544  materials submitted by publishers and manufacturers in each
  545  review for approval adoption. Included in these procedures shall
  546  be provisions affording each publisher or manufacturer or his or
  547  her representative an opportunity to provide a live, virtual, or
  548  in-person presentation to the department state instructional
  549  materials reviewers on the merits of each instructional material
  550  submitted in each review for approval adoption.
  551         (2) FEES.—The State Board of Education may set and collect
  552  fees from publishers participating in the instructional
  553  materials approval process who request a review of their
  554  submitted materials by the department. The fees set by the State
  555  Board of Education shall specify the amount that may be
  556  collected by the department per submission from publishers for
  557  review. The fees may not exceed the actual costs necessary to
  558  support the cost of reviewing instructional materials,
  559  including, but not limited to, the costs associated with
  560  reviewers. The State Board of Education shall adopt rules
  561  regarding the fees.
  562         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
  563         (a) The department shall notify all publishers and
  564  manufacturers of instructional materials who have submitted bids
  565  that within 3 weeks after the deadline for receiving bids, at a
  566  designated time and place, it will open the bids submitted and
  567  deposited with it. At the time and place designated, the bids
  568  shall be opened, read, and tabulated in the presence of the
  569  bidders or their representatives. No one may revise his or her
  570  bid after the bids have been filed. When all bids have been
  571  carefully considered, the commissioner shall, from the list of
  572  suitable, usable, and desirable instructional materials reported
  573  by the state instructional materials reviewers, select and adopt
  574  instructional materials for each grade and subject field in the
  575  curriculum of public elementary, middle, and high schools in
  576  which adoptions are made and in the subject areas designated in
  577  the advertisement. The adoption shall continue for the period
  578  specified in the advertisement, beginning on the ensuing April
  579  1. The adoption shall not prevent the extension of a contract as
  580  provided in subsection (3). The commissioner shall always
  581  reserve the right to reject any and all bids. The commissioner
  582  may ask for new sealed bids from publishers or manufacturers
  583  whose instructional materials were recommended by the state
  584  instructional materials reviewers as suitable, usable, and
  585  desirable; specify the dates for filing such bids and the date
  586  on which they shall be opened; and proceed in all matters
  587  regarding the opening of bids and the awarding of contracts as
  588  required by this part. In all cases, bids shall be accompanied
  589  by a cash deposit or certified check of from $500 to $2,500, as
  590  the department may direct. The department, in adopting
  591  instructional materials, shall give due consideration both to
  592  the prices bid for furnishing instructional materials and to the
  593  report and recommendations of the state instructional materials
  594  reviewers. When the commissioner has finished with the report of
  595  the state instructional materials reviewers, the report shall be
  596  filed and preserved with the department and shall be available
  597  at all times for public inspection.
  598         (b) In the selection of instructional materials, library
  599  media, and other reading material used in the public school
  600  system, the standards used to determine the propriety of the
  601  material shall include:
  602         1. The age of the students who normally could be expected
  603  to have access to the material.
  604         2. The educational purpose to be served by the material. In
  605  considering instructional materials for classroom use, priority
  606  shall be given to the selection of materials which encompass the
  607  state and district school board performance standards provided
  608  for in s. 1001.03(1) and which include the instructional
  609  objectives contained within the curriculum frameworks approved
  610  by rule of the State Board of Education.
  611         3. The degree to which the material would be supplemented
  612  and explained by mature classroom instruction as part of a
  613  normal classroom instructional program.
  614         4. The consideration of the broad racial, ethnic,
  615  socioeconomic, and cultural diversity of the students of this
  616  state.
  617  
  618  Any instructional material containing pornography or otherwise
  619  prohibited by s. 847.012 may not be used or made available
  620  within any public school.
  621         (3) CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.—As
  622  soon as practicable after the commissioner has adopted any
  623  instructional materials and all bidders that have secured the
  624  adoption of any instructional materials have been notified
  625  thereof by registered letter, the department shall prepare a
  626  contract in proper form with every bidder awarded the adoption
  627  of any instructional materials. Each contract shall be executed
  628  by the commissioner, one copy to be kept by the contractor and
  629  one copy to be filed with the department. After giving due
  630  consideration to comments by the district school boards, the
  631  commissioner, with the agreement of the publisher, may extend or
  632  shorten a contract period for a period not to exceed 2 years;
  633  and the terms of any such contract shall remain the same as in
  634  the original contract. Any publisher or manufacturer to whom any
  635  contract is let under this part must give bond in such amount as
  636  the department requires, payable to the state, conditioned for
  637  the faithful, honest, and exact performance of the contract. The
  638  bond must provide for the payment of reasonable attorney’s fees
  639  in case of recovery in any suit thereon. The surety on the bond
  640  must be a guaranty or surety company lawfully authorized to do
  641  business in the state; however, the bond shall not be exhausted
  642  by a single recovery but may be sued upon from time to time
  643  until the full amount thereof is recovered, and the department
  644  may at any time, after giving 30 days’ notice, require
  645  additional security or additional bond. The form of any bond or
  646  bonds or contract or contracts under this part shall be prepared
  647  and approved by the department. At the discretion of the
  648  department, a publisher or manufacturer to whom any contract is
  649  let under this part may be allowed a cash deposit in lieu of a
  650  bond, conditioned for the faithful, honest, and exact
  651  performance of the contract. The cash deposit, payable to the
  652  department, shall be placed in the Textbook Bid Trust Fund. The
  653  department may recover damages on the cash deposit given by the
  654  contractor for failure to furnish instructional materials, the
  655  sum recovered to inure to the General Revenue Fund.
  656         (4) REGULATIONS GOVERNING THE CONTRACT.—The department may,
  657  from time to time, take any necessary actions, consistent with
  658  this part, to secure the prompt and faithful performance of all
  659  instructional materials contracts; and if any contractor fails
  660  or refuses to furnish instructional materials as provided in
  661  this part or otherwise breaks his or her contract, the
  662  department may sue on the required bond in the name of the
  663  state, in the courts of the state having jurisdiction, and
  664  recover damages on the bond given by the contractor for failure
  665  to furnish instructional materials, the sum recovered to inure
  666  to the General Revenue Fund.
  667         (5) RETURN OF DEPOSITS.—
  668         (a) The successful bidder shall be notified by registered
  669  mail of the award of contract and shall, within 30 days after
  670  receipt of the contract, execute the proper contract and post
  671  the required bond. When the bond and contract have been
  672  executed, the department shall notify the Chief Financial
  673  Officer and request that a warrant be issued against the
  674  Textbook Bid Trust Fund payable to the successful bidder in the
  675  amount deposited pursuant to this part. The Chief Financial
  676  Officer shall issue and forward the warrant to the department
  677  for distribution to the bidder.
  678         (b) At the same time or prior thereto, the department shall
  679  inform the Chief Financial Officer of the names of the
  680  unsuccessful bidders. Upon receipt of such notice, the Chief
  681  Financial Officer shall issue warrants against the Textbook Bid
  682  Trust Fund payable to the unsuccessful bidders in the amounts
  683  deposited pursuant to this part and shall forward the warrants
  684  to the department for distribution to the unsuccessful bidders.
  685         (c) One copy of each contract and an original of each bid,
  686  whether accepted or rejected, shall be preserved with the
  687  department for at least 3 years after the termination of the
  688  contract.
  689         (6) DEPOSITS FORFEITED.—If any successful bidder fails or
  690  refuses to execute contract and bond within 30 days after
  691  receipt of the contract, the cash deposit shall be forfeited to
  692  the state and placed by the Chief Financial Officer in the
  693  General Revenue Fund.
  694         (7) FORFEITURE OF CONTRACT AND BOND.—If any publisher or
  695  manufacturer of instructional materials fails or refuses to
  696  furnish instructional materials as provided in the contract, the
  697  publisher’s or manufacturer’s bond is forfeited and the
  698  commissioner must make another contract.
  699         Section 10. Section 1006.35, Florida Statutes, is amended
  700  to read:
  701         1006.35 Accuracy of instructional materials.—
  702         (1) In addition to relying on statements of publishers or
  703  manufacturers of instructional materials, the commissioner may
  704  conduct or cause to be conducted an independent investigation to
  705  determine the accuracy of approved state-adopted instructional
  706  materials.
  707         (2) When errors in approved state-adopted materials are
  708  confirmed, the publisher or manufacturer of the materials shall
  709  provide to each district school board that has purchased the
  710  materials the corrections in a format approved by the
  711  department.
  712         (3) The commissioner may remove materials from the list of
  713  approved state-adopted materials:
  714         (a) If he or she finds that the content is in error and the
  715  publisher or manufacturer refuses to correct the error when
  716  notified by the department.
  717         (b)(4)The commissioner may remove materials from the list
  718  of state-adopted materials At the request of the publisher or
  719  manufacturer if, in the commissioner’s his or her opinion, there
  720  is no material impact on the state’s education goals.
  721         (c) If the materials do not align with all applicable state
  722  standards.
  723         (4)If the commissioner removes materials from the list of
  724  approved materials, the district may not purchase them for use
  725  in core content areas.
  726         Section 11. Section 1006.36, Florida Statutes, is amended
  727  to read:
  728         1006.36 State review cycle Term of adoption for
  729  instructional materials.—
  730         (1) The state review cycle term of adoption of any
  731  instructional materials shall must be a 5-year period beginning
  732  on April 1 following the adoption, except that the commissioner
  733  may approve alternative schedules terms of adoption of less than
  734  5 years for materials in content areas which require more
  735  frequent revision. Any contract for instructional materials may
  736  be extended as prescribed in s. 1006.34(3).
  737         (2) The department shall publish annually an official
  738  schedule of subject areas to be called for review adoption for
  739  each of the succeeding 2 years, and a tentative schedule for
  740  years 3, 4, and 5. If extenuating circumstances warrant, the
  741  commissioner may add one or more subject areas to the official
  742  schedule, in which event the commissioner shall develop criteria
  743  for such additional subject area or areas and make them
  744  available to publishers or manufacturers as soon as practicable
  745  before the date on which submission for review is bids are due.
  746  The schedule shall be developed so as to promote balance among
  747  the subject areas so that the required expenditure for new
  748  instructional materials is approximately the same each year in
  749  order to maintain curricular consistency.
  750         Section 12. Section 1006.37, Florida Statutes, is amended
  751  to read:
  752         1006.37 Requisition of instructional materials from
  753  publisher’s depository.—
  754         (1) The district school superintendent may shall
  755  requisition approved adopted instructional materials from the
  756  depository of the publisher with whom a contract has been made.
  757  However, the superintendent shall requisition current
  758  instructional materials to provide each student with a textbook
  759  or other materials as a major tool of instruction in core
  760  courses of the subject areas specified in s. 1006.40(2). These
  761  materials must be requisitioned within the first 2 years of the
  762  adoption cycle, except for instructional materials related to
  763  growth of student membership or instructional materials
  764  maintenance needs. The superintendent may requisition
  765  instructional materials in the core subject areas specified in
  766  s. 1006.40(2) that are related to growth of student membership
  767  or instructional materials maintenance needs during the 3rd,
  768  4th, 5th, and 6th years of the original contract period.
  769         (2) The district school superintendent shall verify that
  770  the requisition is complete and accurate and order the
  771  depository to forward to him or her the adopted instructional
  772  materials shown by the requisition. The depository shall prepare
  773  an invoice of the materials shipped, including shipping charges,
  774  and mail it to the superintendent to whom the shipment is being
  775  made. The superintendent shall pay the depository within 60 days
  776  after receipt of the requisitioned materials from the
  777  appropriation for the purchase of adopted instructional
  778  materials.
  779         Section 13. 1006.38, Florida Statutes, is amended to read:
  780         1006.38 Duties, responsibilities, and requirements of
  781  instructional materials publishers and manufacturers.—This
  782  section applies to both the state and district approval
  783  processes. Publishers and manufacturers of instructional
  784  materials, or their representatives, shall:
  785         (1) Comply with all provisions of this part.
  786         (2) Electronically deliver fully developed sample copies of
  787  all instructional materials upon which reviews bids are based to
  788  the department pursuant to procedures adopted by the State Board
  789  of Education.
  790         (3) Submit, at a time designated in s. 1006.33, the
  791  following information:
  792         (a) Detailed specifications of the physical characteristics
  793  of the instructional materials, including any software or
  794  technological tools required for use by the district, school,
  795  teachers, or students. The publisher or manufacturer shall
  796  comply with these specifications if the instructional materials
  797  are approved adopted and purchased in completed form.
  798         (b) Evidence that the publisher or manufacturer has
  799  provided materials that address the performance standards
  800  provided for in s. 1001.03(1) and that can be accessed through
  801  the district’s local instructional improvement system and a
  802  variety of electronic, digital, and mobile devices.
  803         (c) Evidence that the instructional materials include
  804  specific references to statewide standards in the teacher’s
  805  manual and incorporate such standards into chapter tests or the
  806  assessments. Beginning in the 2013-2014 adoption year, the
  807  statewide standards shall not be included at the point of
  808  student use.
  809         (5) Furnish the instructional materials offered by them at
  810  a price in the state which, including all costs of electronic
  811  transmission, may not exceed the lowest price at which they
  812  offer such instructional materials for approval adoption or sale
  813  to any state or school district in the United States.
  814         (6) Reduce automatically the price of the instructional
  815  materials to any district school board to the extent that
  816  reductions are made elsewhere in the United States.
  817         (7) Provide any instructional materials free of charge in
  818  the state to the same extent as they are provided free of charge
  819  to any state or school district in the United States.
  820         (8) Guarantee that all copies of any instructional
  821  materials sold in this state will be at least equal in quality
  822  to the copies of such instructional materials that are sold
  823  elsewhere in the United States and will be kept revised, free
  824  from all errors, and up-to-date as may be required by the
  825  department.
  826         (9) Agree that any supplementary material developed at the
  827  district or state level does not violate the author’s or
  828  publisher’s copyright, provided such material is developed in
  829  accordance with the doctrine of fair use.
  830         (10) Not in any way, directly or indirectly, become
  831  associated or connected with any combination in restraint of
  832  trade in instructional materials, nor enter into any
  833  understanding, agreement, or combination to control prices or
  834  restrict competition in the sale of instructional materials for
  835  use in the state.
  836         (11) Furnish the instructional materials offered by them at
  837  a price in the state which, including all costs of electronic
  838  transmission, may not exceed the lowest price at which they
  839  offer such instructional materials for approval or sale to any
  840  other school district in the state.
  841         (12) Provide the department and school districts the cost
  842  paid for an instructional materials product by a school or
  843  district anywhere in the United States. The cost paid for that
  844  product must remain the same for all future sales and must be
  845  posted on all marketing materials.
  846         (11) Maintain or contract with a depository in the state.
  847         (12) For the core subject areas specified in s. 1006.40(2),
  848  maintain in the depository for the first 2 years of the contract
  849  an inventory of instructional materials sufficient to receive
  850  and fill orders.
  851         (13) For the core subject areas specified in s. 1006.40(2),
  852  ensure the availability of an inventory sufficient to receive
  853  and fill orders for instructional materials for growth,
  854  including the opening of a new school, and replacement during
  855  the 3rd and subsequent years of the original contract period.
  856         (14) Accurately and fully disclose only the names of those
  857  persons who actually authored the instructional materials. In
  858  addition to the penalties provided in subsection (16), the
  859  commissioner may remove from the list of state-approved state
  860  adopted instructional materials those instructional materials
  861  whose publisher or manufacturer misleads the purchaser by
  862  falsely representing genuine authorship.
  863         (15) Grant, without prior written request, for any
  864  copyright held by the publisher or its agencies automatic
  865  permission to the department or its agencies for the
  866  reproduction of instructional materials and supplementary
  867  materials in Braille, large print, or other appropriate format
  868  for use by visually impaired students or other students with
  869  disabilities that would benefit from use of the materials.
  870         (16) Upon the willful failure of the publisher or
  871  manufacturer to comply with the requirements of this section, be
  872  liable to the department in the amount of three times the total
  873  sum which the publisher or manufacturer was paid in excess of
  874  the price required under subsections (5) and (6) and in the
  875  amount of three times the total value of the instructional
  876  materials and services which the district school board is
  877  entitled to receive free of charge under subsection (7).
  878         Section 14. Subsections (2), (3), and (4) of section
  879  1006.40, Florida Statutes, are amended to read:
  880         1006.40 Use of instructional materials allocation;
  881  instructional materials, library books, and reference books;
  882  repair of books.—
  883         (2) Each district school board must provide purchase
  884  current instructional materials to provide each student with a
  885  major tool or assistance of instruction in core courses of the
  886  subject areas of mathematics, language arts, science, social
  887  studies, reading, and literature for kindergarten through grade
  888  12. Such purchase must be made within the first 2 years after
  889  the effective date of the adoption cycle. For the 2012-2013
  890  mathematics adoption, a district using a comprehensive
  891  mathematics instructional materials program adopted in the 2009
  892  2010 adoption shall be deemed in compliance with this subsection
  893  if it provides each student with such additional state-adopted
  894  materials as may be necessary to align the previously adopted
  895  comprehensive program to common core standards and the other
  896  criteria of the 2012-2013 mathematics adoption.
  897         (3)(a) By the 2015-2016 fiscal year, each district school
  898  board shall use at least 50 percent of the annual allocation for
  899  the purchase of digital or electronic instructional materials
  900  that align with state standards included on the state-adopted
  901  list, except as otherwise authorized in paragraphs (b) and (c).
  902         (b) Up to 50 percent of the annual allocation may be used
  903  for the purchase of instructional materials, including library
  904  and reference books and nonprint materials, not included on the
  905  state-adopted list and for the repair and renovation of
  906  textbooks and library books.
  907         (c) District school boards may use 100 percent of that
  908  portion of the annual allocation designated for the purchase of
  909  instructional materials for kindergarten, and 75 percent of that
  910  portion of the annual allocation designated for the purchase of
  911  instructional materials for first grade, to purchase materials
  912  not on the state-adopted list.
  913         (4) Remaining funds may The funds described in subsection
  914  (3) which district school boards may use to purchase materials
  915  not on the state-adopted list shall be used for the purchase of
  916  instructional materials or other items including library and
  917  reference books and nonprint materials, having intellectual
  918  content which assist in the instruction of a subject or course.
  919  These items may be available in bound, unbound, kit, or package
  920  form and may consist of hardbacked or softbacked textbooks,
  921  electronic content, replacements for items which were part of
  922  previously purchased instructional materials, consumables,
  923  learning laboratories, manipulatives, electronic media, computer
  924  courseware or software, and other commonly accepted
  925  instructional tools as prescribed by district school board rule.
  926         Section 15. Paragraphs (o), (p), and (q) of subsection (6)
  927  of section 1001.10, Florida Statutes, are amended, and paragraph
  928  (r) is added to that section to read:
  929         1001.10 Commissioner of Education; general powers and
  930  duties.—
  931         (6) Additionally, the commissioner has the following
  932  general powers and duties:
  933         (o) To develop criteria for use by department state
  934  instructional materials reviewers in evaluating materials
  935  submitted for approval adoption consideration. The criteria
  936  shall, as appropriate, be based on instructional expectations
  937  reflected in course descriptions curriculum frameworks and
  938  student performance standards. The criteria for each subject or
  939  course shall be made available to publishers and manufacturers
  940  of instructional materials pursuant to the requirements of
  941  chapter 1006.
  942         (p) To prescribe procedures for evaluating instructional
  943  materials submitted by publishers and manufacturers in each
  944  review for approval adoption.
  945         (q) To remove any materials approved by the state or a
  946  district enter into agreement with Space Florida to develop
  947  innovative aerospace-related education programs that promote
  948  mathematics and science education for grades K-20.
  949         (r) To submit to the Governor, the President of the Senate,
  950  the Speaker of the House of Representatives, and the State Board
  951  of Education an annual report regarding district and state
  952  instructional materials reviews, the impact on the quality and
  953  availability of instructional materials, and the cost
  954  effectiveness of the state and district review processes. The
  955  report shall be submitted on January 1 following the first
  956  fiscal year of implementation of the program and each year
  957  thereafter.
  958         Section 16. Subsection (5) of section 1003.55, Florida
  959  Statutes, is amended to read:
  960         1003.55 Instructional programs for blind or visually
  961  impaired students and deaf or hard-of-hearing students.—
  962         (5) Any publisher or manufacturer of instructional
  963  materials that have been approved by the department or a school
  964  district a textbook adopted pursuant to the state instructional
  965  materials adoption process shall furnish the department of
  966  Education with a computer file in an electronic format specified
  967  by the department at least 2 years in advance that is readily
  968  translatable to Braille and can be used for large print or
  969  speech access. Any instructional materials textbook reproduced
  970  pursuant to the provisions of this subsection shall be purchased
  971  at a price equal to the price paid for the instructional
  972  materials textbook as approved adopted. The department of
  973  Education shall not reproduce instructional materials textbooks
  974  obtained pursuant to this subsection in any manner that would
  975  generate revenues for the department from the use of such
  976  computer files or that would preclude the rightful payment of
  977  fees to the publisher or manufacturer for use of all or some
  978  portion of the instructional materials textbook.
  979         Section 17. Paragraph (j) of subsection (2) of section
  980  1003.621, Florida Statutes, is amended to read:
  981         1003.621 Academically high-performing school districts.—It
  982  is the intent of the Legislature to recognize and reward school
  983  districts that demonstrate the ability to consistently maintain
  984  or improve their high-performing status. The purpose of this
  985  section is to provide high-performing school districts with
  986  flexibility in meeting the specific requirements in statute and
  987  rules of the State Board of Education.
  988         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  989  high-performing school district shall comply with all of the
  990  provisions in chapters 1000-1013, and rules of the State Board
  991  of Education which implement these provisions, pertaining to the
  992  following:
  993         (j) Those statutes relating to instructional materials,
  994  except that s. 1006.40 s. 1006.37, relating to the requisition
  995  of state-adopted materials from the depository under contract
  996  with the publisher, and s. 1006.40(3)(a), relating to the use of
  997  50 percent of the instructional materials allocation, is shall
  998  be eligible for exemption.
  999         Section 18. Paragraph (b) of subsection (6) of section
 1000  1011.62, Florida Statutes, is amended to read:
 1001         1011.62 Funds for operation of schools.—If the annual
 1002  allocation from the Florida Education Finance Program to each
 1003  district for operation of schools is not determined in the
 1004  annual appropriations act or the substantive bill implementing
 1005  the annual appropriations act, it shall be determined as
 1006  follows:
 1007         (6) CATEGORICAL FUNDS.—
 1008         (b) If a district school board finds and declares in a
 1009  resolution approved adopted at a regular meeting of the school
 1010  board that the funds received for any of the following
 1011  categorical appropriations are urgently needed to maintain
 1012  school board specified academic classroom instruction specified
 1013  by the school board, the school board may consider and approve
 1014  an amendment to the school district operating budget
 1015  transferring the identified amount of the categorical funds to
 1016  the appropriate account for expenditure:
 1017         1. Funds for student transportation.
 1018         2. Funds for safe schools.
 1019         3. Funds for supplemental academic instruction if the
 1020  required additional hour of instruction beyond the normal school
 1021  day for each day of the entire school year has been provided for
 1022  the students in each low-performing elementary school in the
 1023  district pursuant to paragraph (1)(f).
 1024         4. Funds for research-based reading instruction if the
 1025  required additional hour of instruction beyond the normal school
 1026  day for each day of the entire school year has been provided for
 1027  the students in each low-performing elementary school in the
 1028  district pursuant to paragraph (9)(a).
 1029         5. Funds for instructional materials if all instructional
 1030  material purchases necessary to provide updated materials that
 1031  are aligned with applicable to Next Generation Sunshine state
 1032  standards and course descriptions benchmarks and that meet
 1033  statutory requirements of content and learning have been
 1034  completed for that fiscal year, but no sooner than March 1.
 1035  Funds available after March 1 may be used to purchase hardware
 1036  for student instruction.
 1037         Section 19. This act shall take effect July 1, 2013.