Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1388
       
       
       
       
       
       
                                Barcode 693734                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2013           .                                
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       Appropriations Subcommittee on Education (Montford) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (1) and subsection
    6  (2) of section 1006.28, Florida Statutes, are amended to read:
    7         1006.28 Duties of district school board, district school
    8  superintendent; and school principal regarding K-12
    9  instructional materials.—
   10         (1) DISTRICT SCHOOL BOARD.—The district school board has
   11  the duty to provide adequate instructional materials for all
   12  students in accordance with the requirements of this part. The
   13  term “adequate instructional materials” means a sufficient
   14  number of student or site licenses or sets of materials that are
   15  available in bound, unbound, kit, or package form and may
   16  consist of hardbacked or softbacked textbooks, electronic
   17  content, consumables, learning laboratories, manipulatives,
   18  electronic media, and computer courseware or software that serve
   19  as the basis for instruction for each student in the core
   20  courses of mathematics, language arts, social studies, science,
   21  reading, and literature. The district school board has the
   22  following specific duties:
   23         (b) Instructional materials.—Provide for proper
   24  requisitioning, distribution, accounting, storage, care, and use
   25  of all instructional materials and furnish such other
   26  instructional materials as may be needed. The district school
   27  board shall ensure that instructional materials used in the
   28  district are consistent with the district goals and objectives
   29  and the course descriptions established in curriculum frameworks
   30  adopted by rule of the State Board of Education, as well as with
   31  the state and district performance standards provided for in s.
   32  1001.03(1).
   33         (2) DISTRICT SCHOOL SUPERINTENDENT.—
   34         (a) The district school superintendent has the duty to
   35  recommend such plans for improving, providing, distributing,
   36  accounting for, and caring for instructional materials and other
   37  instructional aids as will result in general improvement of the
   38  district school system, as prescribed in this part, in
   39  accordance with adopted district school board rules prescribing
   40  the duties and responsibilities of the district school
   41  superintendent regarding the requisition, purchase, receipt,
   42  storage, distribution, use, conservation, records, and reports
   43  of, and management practices and property accountability
   44  concerning, instructional materials, and providing for an
   45  evaluation of any instructional materials to be requisitioned
   46  that have not been used previously in the district’s schools.
   47  The district school superintendent must keep adequate records
   48  and accounts for all financial transactions for funds collected
   49  pursuant to subsection (3), as a component of the educational
   50  service delivery scope in a school district best financial
   51  management practices review under s. 1008.35.
   52         (b) Beginning in the 2013-2014 school year, each district
   53  school superintendent shall certify to the department by March
   54  31 of each year that all core instructional materials used by
   55  the district are aligned with applicable state standards. A list
   56  of the state-approved or district-approved core instructional
   57  materials that will be used or purchased for use by the school
   58  district shall be included in the certification notify the
   59  department by April 1 of each year the state-adopted
   60  instructional materials that will be requisitioned for use in
   61  his or her school district. The notification shall include a
   62  district school board plan for instructional materials use to
   63  assist in determining if adequate instructional materials have
   64  been requisitioned.
   65         (c) Each principal shall verify that all instructional
   66  materials are fully and properly accounted for as prescribed by
   67  adopted rules of the district school board.
   68         Section 2. Section 1006.282, Florida Statutes, is repealed.
   69         Section 3. Section 1006.283, Florida Statutes, is created
   70  to read:
   71         1006.283 District school board instructional materials
   72  review process.
   73         (1) A school board or consortium of school districts may
   74  implement an instructional materials program that includes the
   75  review, approval, and purchasing of instructional materials.
   76  Beginning in the 2013-2014 school year, the district school
   77  superintendent shall certify to the department by March 31 of
   78  each year that all core instructional materials used by the
   79  district are aligned with applicable state standards. Included
   80  in the certification shall be a list of the core instructional
   81  materials that will be used or purchased for use by the school
   82  district.
   83         (2) The school board shall adopt rules implementing the
   84  district’s instructional materials program which must include,
   85  but need not be limited to:
   86         (a) Its review and purchase process.
   87         (b) Identification of a review cycle for instructional
   88  materials.
   89         (c) The duties and qualifications of the instructional
   90  materials reviewers.
   91         (d) The requirements for an affidavit made by a district
   92  instructional materials reviewer, which substantially includes
   93  the requirements of s. 1006.30.
   94         (e) Compliance with s. 1006.32, relating to prohibited
   95  acts.
   96         (f) A process that certifies the accuracy of instructional
   97  materials.
   98         (g) The incorporation of applicable requirements of s.
   99  1006.38, relating to the duties, responsibilities, and
  100  requirements of publishers of instructional materials.
  101         (h) The process by which instructional materials will be
  102  purchased, including advertising, bidding, and purchasing
  103  requirements.
  104         (3)(a) The school board may set and collect fees from
  105  publishers participating in the instructional materials approval
  106  process. The amount assessed and collected shall be advertised
  107  and must be reported to the district school board. The fees may
  108  not exceed the fees that are assessed for those materials
  109  submitted for review by the state as defined by the State Board
  110  of Education. Any fees collected for this process shall be
  111  allocated for the support of the review process and maintained
  112  in a separate line item for auditing purposes.
  113         (b) The fees shall be used to cover the actual cost of
  114  substitute teachers for each workday that a member of a school
  115  district’s instructional staff is absent from his or her
  116  assigned duties for the purpose of rendering service as an
  117  instructional materials reviewer. In addition, each reviewer may
  118  be paid a stipend and is entitled to reimbursement for travel
  119  expenses and per diem in accordance with s. 112.061 for actual
  120  service in meetings.
  121         (4) Instructional materials that have been reviewed by the
  122  district instructional materials reviewers and approved must
  123  have been determined to align with all applicable state
  124  standards pursuant to s. 1003.41 and the requirements in s.
  125  1006.31. The school board must annually certify to the
  126  department that its all core instructional materials are aligned
  127  with all applicable state standards.
  128         (5) A publisher that offers instructional materials to a
  129  district school board must provide such materials at a price
  130  which, including all costs of electronic transmission, does not
  131  exceed the lowest price at which the publisher offers such
  132  instructional materials for approval or sale to any state or
  133  school district in the United States.
  134         (6)A publisher shall reduce automatically the price of the
  135  instructional materials to the district school board to the
  136  extent that reductions are made elsewhere in the United States.
  137         Section 4. Section 1006.29, Florida Statutes, is amended to
  138  read:
  139         1006.29 Department of Education State instructional
  140  materials reviewers.—
  141         (1) For purposes of this section, the term “instructional
  142  materials” means items that have intellectual content and that,
  143  by design, serve as a major tool or for assisting in the
  144  instruction of a subject or course.
  145         (2)(1)(a) The commissioner shall determine annually the
  146  areas in which instructional materials shall be submitted for
  147  approval adoption, taking into consideration the desires of the
  148  district school boards. The commissioner shall also determine
  149  the number of titles to be adopted in each area.
  150         (b) By April 15 of each school year, The department
  151  commissioner shall appoint five reviewers for each submission by
  152  a publisher or district school board three state or national
  153  experts in the content areas submitted for adoption to review
  154  for approval the instructional materials and evaluate the
  155  content for alignment with the applicable Next Generation
  156  Sunshine state standards. These reviewers shall be designated as
  157  state instructional materials reviewers and shall review The
  158  materials shall be evaluated for the level of instructional
  159  support and the accuracy and appropriateness of progression of
  160  introduced content. Instructional materials shall be made
  161  electronically available to the reviewers. The state review of
  162  the instructional materials shall be made by the five reviewers.
  163  Two of the reviewers must be professional content experts, two
  164  must be K-12 educators who are actively engaged in teaching or
  165  in the supervision of teaching in the public elementary, middle,
  166  or high schools and represent the major fields and levels in
  167  which instructional materials are used in the public schools,
  168  and one must be a lay person who is not professionally connected
  169  with education. In the event only four reviewers can be
  170  procured, or if one of the five reviewers is unable to fulfill
  171  his or her responsibilities, the additional reviewer may be a
  172  content expert from the department. As part of the review
  173  process, each reviewer shall be provided training on the
  174  electronic review system. The reviewers shall independently make
  175  recommendations to the commissioner regarding materials that
  176  should be placed on the list of adopted materials through an
  177  electronic feedback review system.
  178         (c)The department may assess and collect fees in
  179  accordance with s. 1006.34(2). The amount assessed and collected
  180  shall be advertised and must be reported to the State Board of
  181  Education. Any fees collected for this process shall be
  182  allocated for the support of the review process, maintained in a
  183  separate account for auditing purposes, and deposited in the
  184  department’s Operating Trust Fund.
  185         (d) Fees collected under paragraph (c) shall be used to
  186  cover the cost of the review process including the cost of any
  187  meetings and applicable travel and per diem, and the amount paid
  188  by a school district to substitute teachers who fill in for
  189  instructional staff that is absent for the purpose of rendering
  190  service as an instructional materials reviewer. In addition,
  191  each reviewer may be paid a stipend and is entitled to
  192  reimbursement for travel expenses and per diem in accordance
  193  with s. 112.061 for actual service in meetings The initial
  194  review of the materials shall be made by only two of the three
  195  reviewers. If the two reviewers reach different results, the
  196  third reviewer shall break the tie. The reviewers shall
  197  independently make recommendations to the commissioner regarding
  198  materials that should be placed on the list of adopted materials
  199  through an electronic feedback review system.
  200         (e)(c) The commissioner shall request each district school
  201  superintendent to nominate one classroom teacher or district
  202  level content supervisor to review two or three of the
  203  submissions recommended by the department state instructional
  204  materials reviewers. School districts shall ensure that these
  205  district reviewers are provided with the support and time
  206  necessary to accomplish a thorough review of the instructional
  207  materials. District reviewers shall independently rate the
  208  recommended submissions on the instructional usability of the
  209  resources. District reviewers may be paid a stipend and are
  210  entitled to reimbursement for travel expenses and per diem in
  211  accordance with s. 112.061 for actual service in meetings, if
  212  applicable.
  213         (3)(2) For purposes of approving materials state adoption,
  214  the term “instructional materials” means items having
  215  intellectual content that by design serve as a major tool or for
  216  assisting in the instruction of a subject or course. These items
  217  may be available in bound, unbound, kit, or package form and may
  218  consist of hardbacked or softbacked textbooks, electronic
  219  content, consumables, learning laboratories, manipulatives,
  220  electronic media, and computer courseware or software. A
  221  publisher or manufacturer providing instructional materials as a
  222  single bundle shall also make the instructional materials
  223  available as separate and unbundled items, each priced
  224  individually. A publisher shall may also offer sections of
  225  state-adopted instructional materials in digital or electronic
  226  versions at reduced rates to districts, schools, and teachers.
  227         (4)(3) Beginning in the 2015-2016 academic year, all
  228  approved adopted instructional materials for students in
  229  kindergarten through grade 12 must be provided in an electronic
  230  or digital format. For purposes of this section, the term:
  231         (a) “Electronic format” means text-based or image-based
  232  content in a form that is produced on, published by, and
  233  readable on computers or other digital devices and is an
  234  electronic version of a printed book, whether or not any printed
  235  equivalent exists.
  236         (b) “Digital format” means text-based or image-based
  237  content in a form that provides the student with various
  238  interactive functions; that can be searched, tagged,
  239  distributed, and used for individualized and group learning;
  240  that includes multimedia content such as video clips,
  241  animations, and virtual reality; and that has the ability to be
  242  accessed at any time and anywhere.
  243  
  244  The terms do not include electronic or computer hardware even if
  245  such hardware is bundled with software or other electronic
  246  media, nor does it include equipment or supplies.
  247         (5)(4) The department shall develop a training program for
  248  persons selected to review submitted as state instructional
  249  materials reviewers and school district reviewers. The program
  250  shall be structured to assist reviewers in developing the skills
  251  necessary to make valid, culturally sensitive, and objective
  252  decisions regarding the content and rigor of instructional
  253  materials. All persons reviewing serving as instructional
  254  materials reviewers must complete the training program prior to
  255  beginning the review and selection process.
  256         (6) By March 1 of each year, the department shall post on
  257  its website a list of department-approved instructional
  258  materials and instructional materials approved by other states
  259  which align with applicable state standards. The list shall be
  260  maintained and updated periodically. The list shall be
  261  comprehensive and include sufficient instructional materials or
  262  major tools to cover all of the core content areas. The posting
  263  must include the purchase price of each product once it is
  264  purchased anywhere in the United States. In addition to the
  265  posting, the department shall send school district
  266  administrators periodic updates to the website. District
  267  approved instructional materials shall also be posted on the
  268  website.
  269         Section 5. Section 1006.30, Florida Statutes, is amended to
  270  read:
  271         1006.30 Affidavit of Department of Education state
  272  instructional materials reviewers.—Before transacting any
  273  business, each department state instructional materials reviewer
  274  shall make an affidavit, to be filed with the department, that:
  275         (1) The reviewer will faithfully discharge the duties
  276  imposed upon him or her.
  277         (2) The reviewer has no interest in any publishing or
  278  manufacturing organization that produces or sells instructional
  279  materials.
  280         (3) The reviewer is in no way connected with the
  281  distribution of the instructional materials.
  282         (4) The reviewer does not have any direct or indirect
  283  pecuniary interest in the business or profits of any person
  284  engaged in manufacturing, publishing, or selling instructional
  285  materials designed for use in the public schools.
  286         (5) The reviewer will not accept any emolument or promise
  287  of future reward of any kind from any publisher or manufacturer
  288  of instructional materials or his or her agent or anyone
  289  interested in, or intending to bias his or her judgment in any
  290  way in, the selection of any materials to be approved adopted.
  291         (6) The reviewer understands that it is unlawful to discuss
  292  matters relating to instructional materials submitted for
  293  approval adoption with any agent of a publisher or manufacturer
  294  of instructional materials, either directly or indirectly,
  295  except during the period when the publisher or manufacturer is
  296  providing a presentation for the reviewer during his or her
  297  review of the instructional materials submitted for approval
  298  adoption.
  299         Section 6. Section 1006.31, Florida Statutes, is amended to
  300  read:
  301         1006.31 Duties of the Department of Education and school
  302  district each state instructional materials reviewer.—The duties
  303  of the each state instructional materials reviewer are:
  304         (1) PROCEDURES.—To adhere to procedures prescribed by the
  305  department or the district for evaluating instructional
  306  materials submitted by publishers and manufacturers in each
  307  review for approval adoption.
  308         (2) EVALUATION OF INSTRUCTIONAL MATERIALS.—To evaluate
  309  carefully all instructional materials submitted, in order to
  310  ascertain which instructional materials, if any, submitted for
  311  consideration implement the selection criteria developed by the
  312  department or the district and those curricular objectives
  313  included within applicable performance standards provided for in
  314  s. 1001.03(1).
  315         (a) When evaluating recommending instructional materials
  316  for use in the schools, each reviewer shall include only
  317  instructional materials that accurately portray the ethnic,
  318  socioeconomic, cultural, and racial diversity of our society,
  319  including men and women in professional, career, and executive
  320  roles, and the role and contributions of the entrepreneur and
  321  labor in the total development of this state and the United
  322  States.
  323         (b) When evaluating recommending instructional materials
  324  for use in the schools, each reviewer shall include only
  325  materials that accurately portray, whenever appropriate,
  326  humankind’s place in ecological systems, including the necessity
  327  for the protection of our environment and conservation of our
  328  natural resources and the effects on the human system of the use
  329  of tobacco, alcohol, controlled substances, and other dangerous
  330  substances.
  331         (c) When evaluating recommending instructional materials
  332  for use in the schools, each reviewer shall require such
  333  materials as he or she deems necessary and proper to encourage
  334  thrift, fire prevention, and humane treatment of people and
  335  animals.
  336         (d) When evaluating recommending instructional materials
  337  for use in the schools, each reviewer shall require, when
  338  appropriate to the comprehension of students, that materials for
  339  social science, history, or civics classes contain the
  340  Declaration of Independence and the Constitution of the United
  341  States. A reviewer may not recommend any instructional materials
  342  for use in the schools which contain any matter reflecting
  343  unfairly upon persons because of their race, color, creed,
  344  national origin, ancestry, gender, or occupation.
  345         (e) When evaluating instructional materials, library media,
  346  and other reading material for use in the schools, a reviewer
  347  shall use the following standards to determine the propriety of
  348  the material:
  349         1. The age of students who normally could be expected to
  350  have access to the material.
  351         2. The educational purpose to be served by the material. In
  352  considering instructional materials for classroom use, priority
  353  shall be given to the selection of materials that encompass the
  354  state and district school board performance standards provided
  355  for in s. 1001.03(1) and include the instructional objectives
  356  contained within the course descriptions established in rule by
  357  the State Board of Education.
  358         3. The degree to which the material would be supplemented
  359  and explained by mature classroom instruction as part of a
  360  normal classroom instructional program.
  361         4. The degree to which the material represents the broad
  362  racial, ethnic, socioeconomic, and cultural diversity of
  363  students in the state.
  364  
  365  Any instructional material containing pornography or otherwise
  366  prohibited by s. 847.012 may not be used or made available
  367  within any public school.
  368         (c)(e)Any Instructional material recommended by a each
  369  reviewer for use in the schools shall be, to the satisfaction of
  370  the each reviewer, accurate, objective, and current and suited
  371  to the needs and comprehension of students at their respective
  372  grade levels. Reviewers shall consider for adoption materials
  373  developed for academically talented students such as those
  374  enrolled in advanced placement courses.
  375         (3) REPORT OF REVIEWERS.—After a thorough study of all data
  376  submitted on each instructional material, to submit an
  377  electronic report to the department. The report shall be made
  378  public and must include responses to each section of the report
  379  format prescribed by the department.
  380         Section 7. Section 1006.32, Florida Statutes, is amended to
  381  read:
  382         1006.32 Prohibited acts.—
  383         (1) A publisher or manufacturer of instructional material,
  384  or any representative thereof, may not offer to give any
  385  emolument, money, or other valuable thing, or any inducement, to
  386  any district school board official or department or district
  387  state instructional materials reviewer to directly or indirectly
  388  introduce, recommend, vote for, or otherwise influence the
  389  approval adoption or purchase of any instructional materials.
  390         (2) A district school board official or a department or
  391  district state instructional materials reviewer may not solicit
  392  or accept any emolument, money, or other valuable thing, or any
  393  inducement, to directly or indirectly introduce, recommend, vote
  394  for, or otherwise influence the approval adoption or purchase of
  395  any instructional material.
  396         (3) A district school board or publisher may not
  397  participate in a pilot program of materials being considered for
  398  adoption during the 18-month period before the official adoption
  399  of the materials by the commissioner. Any pilot program during
  400  the first 2 years of the adoption period must have the prior
  401  approval of the commissioner.
  402         (3)(4)A Any publisher or manufacturer of instructional
  403  materials or representative thereof or a any district school
  404  board official or department or district state instructional
  405  materials reviewer who violates any provision of this section
  406  commits a misdemeanor of the second degree, punishable as
  407  provided in s. 775.082 or s. 775.083. A Any representative of a
  408  publisher or manufacturer who violates any provision of this
  409  section, in addition to any other penalty, shall be banned from
  410  practicing business in the state for a period of 1 calendar
  411  year.
  412         (4)(5) This section does not prohibit any publisher,
  413  manufacturer, or agent from supplying, for purposes of
  414  examination, necessary sample copies of instructional materials
  415  to any district school board official or department or district
  416  state instructional materials reviewer.
  417         (5)(6) This section does not prohibit a district school
  418  board official or department or district state instructional
  419  materials reviewer from receiving sample copies of instructional
  420  materials.
  421         (6)(7) This section does not prohibit or restrict a
  422  district school board official from receiving royalties or other
  423  compensation, other than compensation paid to him or her as
  424  commission for negotiating sales to district school boards, from
  425  the publisher or manufacturer of instructional materials
  426  written, designed, or prepared by such district school board
  427  official, and adopted by the commissioner or purchased by any
  428  district school board. A No district school board official may
  429  not shall be allowed to receive royalties on any materials not
  430  on the state-adopted list purchased for use by his or her
  431  district school board.
  432         (7)(8) A district school superintendent, district school
  433  board member, teacher, or other person officially connected with
  434  the government or direction of public schools may not receive
  435  during the months actually engaged in performing duties under
  436  his or her contract any private fee, gratuity, donation, or
  437  compensation, in any manner whatsoever, for promoting the sale
  438  or exchange of any instructional material, map, or chart in any
  439  public school, or be an agent for the sale or the publisher of
  440  any instructional material or reference work, or have a direct
  441  or indirect pecuniary interest in the introduction of any such
  442  instructional material, and any such agency or interest shall
  443  disqualify any person so acting or interested from holding any
  444  district school board employment whatsoever, and the person
  445  commits a misdemeanor of the second degree, punishable as
  446  provided in s. 775.082 or s. 775.083; however, this subsection
  447  does not prevent the approval adoption of any instructional
  448  material written in whole or in part by a Florida author.
  449         Section 8. Section 1006.33, Florida Statutes, is repealed.
  450         Section 9. Section 1006.34, Florida Statutes, is amended to
  451  read:
  452         1006.34 Powers and duties of the State Board of Education
  453  commissioner and the department in evaluating selecting and
  454  adopting instructional materials.—
  455         (1) PROCEDURES FOR EVALUATING INSTRUCTIONAL MATERIALS.—The
  456  State Board of Education shall adopt rules prescribing the
  457  procedures by which the department shall evaluate instructional
  458  materials submitted by publishers and manufacturers in each
  459  review for approval adoption. Included in these procedures shall
  460  be provisions affording each publisher or manufacturer or his or
  461  her representative an opportunity to provide a virtual
  462  presentation to the department state instructional materials
  463  reviewers on the merits of each instructional material submitted
  464  in each review for approval adoption.
  465         (2) FEES.—The State Board of Education may set and collect
  466  fees from publishers participating in the instructional
  467  materials approval process who request a review of their
  468  submitted materials by the department. The fees set by the State
  469  Board of Education shall specify the amount that may be
  470  collected by the department per submission from publishers for
  471  review. The fees may not exceed the actual costs necessary to
  472  support the cost of reviewing instructional materials,
  473  including, but not limited to, the costs associated with
  474  reviewers. The State Board of Education shall adopt rules
  475  regarding the fees.
  476         (2) SELECTION AND ADOPTION OF INSTRUCTIONAL MATERIALS.—
  477         (a) The department shall notify all publishers and
  478  manufacturers of instructional materials who have submitted bids
  479  that within 3 weeks after the deadline for receiving bids, at a
  480  designated time and place, it will open the bids submitted and
  481  deposited with it. At the time and place designated, the bids
  482  shall be opened, read, and tabulated in the presence of the
  483  bidders or their representatives. No one may revise his or her
  484  bid after the bids have been filed. When all bids have been
  485  carefully considered, the commissioner shall, from the list of
  486  suitable, usable, and desirable instructional materials reported
  487  by the state instructional materials reviewers, select and adopt
  488  instructional materials for each grade and subject field in the
  489  curriculum of public elementary, middle, and high schools in
  490  which adoptions are made and in the subject areas designated in
  491  the advertisement. The adoption shall continue for the period
  492  specified in the advertisement, beginning on the ensuing April
  493  1. The adoption shall not prevent the extension of a contract as
  494  provided in subsection (3). The commissioner shall always
  495  reserve the right to reject any and all bids. The commissioner
  496  may ask for new sealed bids from publishers or manufacturers
  497  whose instructional materials were recommended by the state
  498  instructional materials reviewers as suitable, usable, and
  499  desirable; specify the dates for filing such bids and the date
  500  on which they shall be opened; and proceed in all matters
  501  regarding the opening of bids and the awarding of contracts as
  502  required by this part. In all cases, bids shall be accompanied
  503  by a cash deposit or certified check of from $500 to $2,500, as
  504  the department may direct. The department, in adopting
  505  instructional materials, shall give due consideration both to
  506  the prices bid for furnishing instructional materials and to the
  507  report and recommendations of the state instructional materials
  508  reviewers. When the commissioner has finished with the report of
  509  the state instructional materials reviewers, the report shall be
  510  filed and preserved with the department and shall be available
  511  at all times for public inspection.
  512         (b) In the selection of instructional materials, library
  513  media, and other reading material used in the public school
  514  system, the standards used to determine the propriety of the
  515  material shall include:
  516         1. The age of the students who normally could be expected
  517  to have access to the material.
  518         2. The educational purpose to be served by the material. In
  519  considering instructional materials for classroom use, priority
  520  shall be given to the selection of materials which encompass the
  521  state and district school board performance standards provided
  522  for in s. 1001.03(1) and which include the instructional
  523  objectives contained within the curriculum frameworks approved
  524  by rule of the State Board of Education.
  525         3. The degree to which the material would be supplemented
  526  and explained by mature classroom instruction as part of a
  527  normal classroom instructional program.
  528         4. The consideration of the broad racial, ethnic,
  529  socioeconomic, and cultural diversity of the students of this
  530  state.
  531  
  532  Any instructional material containing pornography or otherwise
  533  prohibited by s. 847.012 may not be used or made available
  534  within any public school.
  535         (3) CONTRACT WITH PUBLISHERS OR MANUFACTURERS; BOND.—As
  536  soon as practicable after the commissioner has adopted any
  537  instructional materials and all bidders that have secured the
  538  adoption of any instructional materials have been notified
  539  thereof by registered letter, the department shall prepare a
  540  contract in proper form with every bidder awarded the adoption
  541  of any instructional materials. Each contract shall be executed
  542  by the commissioner, one copy to be kept by the contractor and
  543  one copy to be filed with the department. After giving due
  544  consideration to comments by the district school boards, the
  545  commissioner, with the agreement of the publisher, may extend or
  546  shorten a contract period for a period not to exceed 2 years;
  547  and the terms of any such contract shall remain the same as in
  548  the original contract. Any publisher or manufacturer to whom any
  549  contract is let under this part must give bond in such amount as
  550  the department requires, payable to the state, conditioned for
  551  the faithful, honest, and exact performance of the contract. The
  552  bond must provide for the payment of reasonable attorney’s fees
  553  in case of recovery in any suit thereon. The surety on the bond
  554  must be a guaranty or surety company lawfully authorized to do
  555  business in the state; however, the bond shall not be exhausted
  556  by a single recovery but may be sued upon from time to time
  557  until the full amount thereof is recovered, and the department
  558  may at any time, after giving 30 days’ notice, require
  559  additional security or additional bond. The form of any bond or
  560  bonds or contract or contracts under this part shall be prepared
  561  and approved by the department. At the discretion of the
  562  department, a publisher or manufacturer to whom any contract is
  563  let under this part may be allowed a cash deposit in lieu of a
  564  bond, conditioned for the faithful, honest, and exact
  565  performance of the contract. The cash deposit, payable to the
  566  department, shall be placed in the Textbook Bid Trust Fund. The
  567  department may recover damages on the cash deposit given by the
  568  contractor for failure to furnish instructional materials, the
  569  sum recovered to inure to the General Revenue Fund.
  570         (4) REGULATIONS GOVERNING THE CONTRACT.—The department may,
  571  from time to time, take any necessary actions, consistent with
  572  this part, to secure the prompt and faithful performance of all
  573  instructional materials contracts; and if any contractor fails
  574  or refuses to furnish instructional materials as provided in
  575  this part or otherwise breaks his or her contract, the
  576  department may sue on the required bond in the name of the
  577  state, in the courts of the state having jurisdiction, and
  578  recover damages on the bond given by the contractor for failure
  579  to furnish instructional materials, the sum recovered to inure
  580  to the General Revenue Fund.
  581         (5) RETURN OF DEPOSITS.—
  582         (a) The successful bidder shall be notified by registered
  583  mail of the award of contract and shall, within 30 days after
  584  receipt of the contract, execute the proper contract and post
  585  the required bond. When the bond and contract have been
  586  executed, the department shall notify the Chief Financial
  587  Officer and request that a warrant be issued against the
  588  Textbook Bid Trust Fund payable to the successful bidder in the
  589  amount deposited pursuant to this part. The Chief Financial
  590  Officer shall issue and forward the warrant to the department
  591  for distribution to the bidder.
  592         (b) At the same time or prior thereto, the department shall
  593  inform the Chief Financial Officer of the names of the
  594  unsuccessful bidders. Upon receipt of such notice, the Chief
  595  Financial Officer shall issue warrants against the Textbook Bid
  596  Trust Fund payable to the unsuccessful bidders in the amounts
  597  deposited pursuant to this part and shall forward the warrants
  598  to the department for distribution to the unsuccessful bidders.
  599         (c) One copy of each contract and an original of each bid,
  600  whether accepted or rejected, shall be preserved with the
  601  department for at least 3 years after the termination of the
  602  contract.
  603         (6) DEPOSITS FORFEITED.—If any successful bidder fails or
  604  refuses to execute contract and bond within 30 days after
  605  receipt of the contract, the cash deposit shall be forfeited to
  606  the state and placed by the Chief Financial Officer in the
  607  General Revenue Fund.
  608         (7) FORFEITURE OF CONTRACT AND BOND.—If any publisher or
  609  manufacturer of instructional materials fails or refuses to
  610  furnish instructional materials as provided in the contract, the
  611  publisher’s or manufacturer’s bond is forfeited and the
  612  commissioner must make another contract.
  613         Section 10. Section 1006.35, Florida Statutes, is amended
  614  to read:
  615         1006.35 Accuracy of instructional materials.—
  616         (1) In addition to relying on statements of publishers or
  617  manufacturers of instructional materials, the commissioner may
  618  conduct or cause to be conducted an independent investigation to
  619  determine the accuracy of approved state-adopted instructional
  620  materials.
  621         (2) When errors in approved state-adopted materials are
  622  confirmed, the publisher or manufacturer of the materials shall
  623  provide to each district school board that has purchased the
  624  materials the corrections in a format approved by the
  625  department.
  626         (3) The commissioner may remove materials from the list of
  627  approved state-adopted materials:
  628         (a) If he or she finds that the content is in error and the
  629  publisher or manufacturer refuses to correct the error when
  630  notified by the department.
  631         (b)(4)The commissioner may remove materials from the list
  632  of state-adopted materials At the request of the publisher or
  633  manufacturer if, in the commissioner’s his or her opinion, there
  634  is no material impact on the state’s education goals.
  635         (c) If the materials do not align with all applicable state
  636  standards.
  637         (4)If the commissioner removes materials from the list of
  638  approved materials, the district may not purchase them for use
  639  in core content areas.
  640         Section 11. Section 1006.36, Florida Statutes, is amended
  641  to read:
  642         1006.36 State review cycle Term of adoption for
  643  instructional materials.—
  644         (1) The state review cycle term of adoption of any
  645  instructional materials shall must be a 5-year period beginning
  646  on April 1 following the adoption, except that the commissioner
  647  may approve alternative schedules terms of adoption of less than
  648  5 years for materials in content areas which require more
  649  frequent revision. Any contract for instructional materials may
  650  be extended as prescribed in s. 1006.34(3).
  651         (2) The department shall publish annually an official
  652  schedule of subject areas to be called for review adoption for
  653  each of the succeeding 2 years, and a tentative schedule for
  654  years 3, 4, and 5. If extenuating circumstances warrant, the
  655  commissioner may add one or more subject areas to the official
  656  schedule, in which event the commissioner shall develop criteria
  657  for such additional subject area or areas and make them
  658  available to publishers or manufacturers as soon as practicable
  659  before the date on which submission for review is bids are due.
  660  The schedule shall be developed so as to promote balance among
  661  the subject areas so that the required expenditure for new
  662  instructional materials is approximately the same each year in
  663  order to maintain curricular consistency.
  664         Section 12. Section 1006.37, Florida Statutes, is amended
  665  to read:
  666         1006.37 Requisition of instructional materials from
  667  publisher’s depository.—
  668         (1) The district school superintendent may shall
  669  requisition approved adopted instructional materials from the
  670  depository of the publisher with whom a contract has been made.
  671  However, the superintendent shall requisition current
  672  instructional materials to provide each student with a textbook
  673  or other materials as a major tool of instruction in core
  674  courses of the subject areas specified in s. 1006.40(2). These
  675  materials must be requisitioned within the first 2 years of the
  676  adoption cycle, except for instructional materials related to
  677  growth of student membership or instructional materials
  678  maintenance needs. The superintendent may requisition
  679  instructional materials in the core subject areas specified in
  680  s. 1006.40(2) that are related to growth of student membership
  681  or instructional materials maintenance needs during the 3rd,
  682  4th, 5th, and 6th years of the original contract period.
  683         (2) The district school superintendent shall verify that
  684  the requisition is complete and accurate and order the
  685  depository to forward to him or her the adopted instructional
  686  materials shown by the requisition. The depository shall prepare
  687  an invoice of the materials shipped, including shipping charges,
  688  and mail it to the superintendent to whom the shipment is being
  689  made. The superintendent shall pay the depository within 60 days
  690  after receipt of the requisitioned materials from the
  691  appropriation for the purchase of adopted instructional
  692  materials.
  693         Section 13. 1006.38, Florida Statutes, is amended to read:
  694         1006.38 Duties, responsibilities, and requirements of
  695  instructional materials publishers and manufacturers.—This
  696  section applies to both the state and district approval
  697  processes. Publishers and manufacturers of instructional
  698  materials, or their representatives, shall:
  699         (1) Comply with all provisions of this part.
  700         (2) Electronically deliver fully developed sample copies of
  701  all instructional materials upon which reviews bids are based to
  702  the department pursuant to procedures adopted by the State Board
  703  of Education.
  704         (3) Submit, at a time designated in s. 1006.33, the
  705  following information:
  706         (a) Detailed specifications of the physical characteristics
  707  of the instructional materials, including any software or
  708  technological tools required for use by the district, school,
  709  teachers, or students. The publisher or manufacturer shall
  710  comply with these specifications if the instructional materials
  711  are approved adopted and purchased in completed form.
  712         (b) Evidence that the publisher or manufacturer has
  713  provided materials that address the performance standards
  714  provided for in s. 1001.03(1) and that can be accessed through
  715  the district’s local instructional improvement system and a
  716  variety of electronic, digital, and mobile devices.
  717         (c) Evidence that the instructional materials include
  718  specific references to statewide standards in the teacher’s
  719  manual and incorporate such standards into chapter tests or the
  720  assessments. The statewide standards shall not be included at
  721  the point of student use.
  722         (5) Furnish the instructional materials offered by them at
  723  a price in the state which, including all costs of electronic
  724  transmission, may not exceed the lowest price at which they
  725  offer such instructional materials for approval adoption or sale
  726  to any state or school district in the United States.
  727         (6) Reduce automatically the price of the instructional
  728  materials to any district school board to the extent that
  729  reductions are made elsewhere in the United States.
  730         (7) Provide any instructional materials free of charge in
  731  the state to the same extent as they are provided free of charge
  732  to any state or school district in the United States.
  733         (8) Guarantee that all copies of any instructional
  734  materials sold in this state will be at least equal in quality
  735  to the copies of such instructional materials that are sold
  736  elsewhere in the United States and will be kept revised, free
  737  from all errors, and up-to-date as may be required by the
  738  department.
  739         (9) Agree that any supplementary material developed at the
  740  district or state level does not violate the author’s or
  741  publisher’s copyright, provided such material is developed in
  742  accordance with the doctrine of fair use.
  743         (10) Not in any way, directly or indirectly, become
  744  associated or connected with any combination in restraint of
  745  trade in instructional materials, nor enter into any
  746  understanding, agreement, or combination to control prices or
  747  restrict competition in the sale of instructional materials for
  748  use in the state.
  749         (11) Furnish the instructional materials offered by them at
  750  a price in the state which, including all costs of electronic
  751  transmission, may not exceed the lowest price at which they
  752  offer such instructional materials for approval or sale to any
  753  other school district in the state.
  754         (12) Provide the department and school districts the cost
  755  paid for an instructional materials product by a school or
  756  district anywhere in the United States. The cost paid for that
  757  product must remain the same for all future sales and must be
  758  posted on all marketing materials.
  759         (11) Maintain or contract with a depository in the state.
  760         (12) For the core subject areas specified in s. 1006.40(2),
  761  maintain in the depository for the first 2 years of the contract
  762  an inventory of instructional materials sufficient to receive
  763  and fill orders.
  764         (13) For the core subject areas specified in s. 1006.40(2),
  765  ensure the availability of an inventory sufficient to receive
  766  and fill orders for instructional materials for growth,
  767  including the opening of a new school, and replacement during
  768  the 3rd and subsequent years of the original contract period.
  769         (14) Accurately and fully disclose only the names of those
  770  persons who actually authored the instructional materials. In
  771  addition to the penalties provided in subsection (16), the
  772  commissioner may remove from the list of state-approved state
  773  adopted instructional materials those instructional materials
  774  whose publisher or manufacturer misleads the purchaser by
  775  falsely representing genuine authorship.
  776         (15) Grant, without prior written request, for any
  777  copyright held by the publisher or its agencies automatic
  778  permission to the department or its agencies for the
  779  reproduction of instructional materials and supplementary
  780  materials in Braille, large print, or other appropriate format
  781  for use by visually impaired students or other students with
  782  disabilities that would benefit from use of the materials.
  783         (16) Upon the willful failure of the publisher or
  784  manufacturer to comply with the requirements of this section, be
  785  liable to the department in the amount of three times the total
  786  sum which the publisher or manufacturer was paid in excess of
  787  the price required under subsections (5) and (6) and in the
  788  amount of three times the total value of the instructional
  789  materials and services which the district school board is
  790  entitled to receive free of charge under subsection (7).
  791         Section 14. Subsections (2), (3), and (4) of section
  792  1006.40, Florida Statutes, are amended to read:
  793         1006.40 Use of instructional materials allocation;
  794  instructional materials, library books, and reference books;
  795  repair of books.—
  796         (2) Each district school board must provide purchase
  797  current instructional materials to provide each student with a
  798  major tool or assistance of instruction in core courses of the
  799  subject areas of mathematics, language arts, science, social
  800  studies, reading, and literature for kindergarten through grade
  801  12. Such purchase must be made within the first 2 years after
  802  the effective date of the adoption cycle. For the 2012-2013
  803  mathematics adoption, a district using a comprehensive
  804  mathematics instructional materials program adopted in the 2009
  805  2010 adoption shall be deemed in compliance with this subsection
  806  if it provides each student with such additional state-adopted
  807  materials as may be necessary to align the previously adopted
  808  comprehensive program to common core standards and the other
  809  criteria of the 2012-2013 mathematics adoption.
  810         (3)(a) By the 2015-2016 fiscal year, each district school
  811  board shall use at least 50 percent of the annual allocation for
  812  the purchase of digital or electronic instructional materials
  813  that align with state standards included on the state-adopted
  814  list, except as otherwise authorized in paragraphs (b) and (c).
  815         (b) Up to 50 percent of the annual allocation may be used
  816  for the purchase of instructional materials, including library
  817  and reference books and nonprint materials, not included on the
  818  state-adopted list and for the repair and renovation of
  819  textbooks and library books.
  820         (c) District school boards may use 100 percent of that
  821  portion of the annual allocation designated for the purchase of
  822  instructional materials for kindergarten, and 75 percent of that
  823  portion of the annual allocation designated for the purchase of
  824  instructional materials for first grade, to purchase materials
  825  not on the state-adopted list.
  826         (4) Remaining funds may The funds described in subsection
  827  (3) which district school boards may use to purchase materials
  828  not on the state-adopted list shall be used for the purchase of
  829  instructional materials or other items including library and
  830  reference books and nonprint materials, having intellectual
  831  content which assist in the instruction of a subject or course.
  832  These items may be available in bound, unbound, kit, or package
  833  form and may consist of hardbacked or softbacked textbooks,
  834  electronic content, replacements for items which were part of
  835  previously purchased instructional materials, consumables,
  836  learning laboratories, manipulatives, electronic media, computer
  837  courseware or software, and other commonly accepted
  838  instructional tools as prescribed by district school board rule.
  839         Section 15. Paragraphs (o), (p), and (q) of subsection (6)
  840  of section 1001.10, Florida Statutes, are amended, and paragraph
  841  (r) is added to that section to read:
  842         1001.10 Commissioner of Education; general powers and
  843  duties.—
  844         (6) Additionally, the commissioner has the following
  845  general powers and duties:
  846         (o) To develop criteria for use by department state
  847  instructional materials reviewers in evaluating materials
  848  submitted for approval adoption consideration. The criteria
  849  shall, as appropriate, be based on instructional expectations
  850  reflected in course descriptions curriculum frameworks and
  851  student performance standards. The criteria for each subject or
  852  course shall be made available to publishers and manufacturers
  853  of instructional materials pursuant to the requirements of
  854  chapter 1006.
  855         (p) To prescribe procedures for evaluating instructional
  856  materials submitted by publishers and manufacturers in each
  857  review for approval adoption.
  858         (q) To remove any materials approved by the state or a
  859  district enter into agreement with Space Florida to develop
  860  innovative aerospace-related education programs that promote
  861  mathematics and science education for grades K-20.
  862         (r) To submit to the Governor, the President of the Senate,
  863  the Speaker of the House of Representatives, and the State Board
  864  of Education an annual report regarding district and state
  865  instructional materials reviews, the impact on the quality and
  866  availability of instructional materials, and the cost
  867  effectiveness of the state and district review processes. The
  868  report shall be submitted on January 1 following the first
  869  fiscal year of implementation of the program and each year
  870  thereafter.
  871         Section 16. Subsection (5) of section 1003.55, Florida
  872  Statutes, is amended to read:
  873         1003.55 Instructional programs for blind or visually
  874  impaired students and deaf or hard-of-hearing students.—
  875         (5) Any publisher or manufacturer of instructional
  876  materials that have been approved by the department or a school
  877  district a textbook adopted pursuant to the state instructional
  878  materials adoption process shall furnish the department of
  879  Education with a computer file in an electronic format specified
  880  by the department at least 2 years in advance that is readily
  881  translatable to Braille and can be used for large print or
  882  speech access. Any instructional materials textbook reproduced
  883  pursuant to the provisions of this subsection shall be purchased
  884  at a price equal to the price paid for the instructional
  885  materials textbook as approved adopted. The department of
  886  Education shall not reproduce instructional materials textbooks
  887  obtained pursuant to this subsection in any manner that would
  888  generate revenues for the department from the use of such
  889  computer files or that would preclude the rightful payment of
  890  fees to the publisher or manufacturer for use of all or some
  891  portion of the instructional materials textbook.
  892         Section 17. Paragraph (j) of subsection (2) of section
  893  1003.621, Florida Statutes, is amended to read:
  894         1003.621 Academically high-performing school districts.—It
  895  is the intent of the Legislature to recognize and reward school
  896  districts that demonstrate the ability to consistently maintain
  897  or improve their high-performing status. The purpose of this
  898  section is to provide high-performing school districts with
  899  flexibility in meeting the specific requirements in statute and
  900  rules of the State Board of Education.
  901         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  902  high-performing school district shall comply with all of the
  903  provisions in chapters 1000-1013, and rules of the State Board
  904  of Education which implement these provisions, pertaining to the
  905  following:
  906         (j) Those statutes relating to instructional materials,
  907  except that s. 1006.40 s. 1006.37, relating to the requisition
  908  of state-adopted materials from the depository under contract
  909  with the publisher, and s. 1006.40(3)(a), relating to the use of
  910  50 percent of the instructional materials allocation, is shall
  911  be eligible for exemption.
  912         Section 18. Paragraph (b) of subsection (6) of section
  913  1011.62, Florida Statutes, is amended to read:
  914         1011.62 Funds for operation of schools.—If the annual
  915  allocation from the Florida Education Finance Program to each
  916  district for operation of schools is not determined in the
  917  annual appropriations act or the substantive bill implementing
  918  the annual appropriations act, it shall be determined as
  919  follows:
  920         (6) CATEGORICAL FUNDS.—
  921         (b) If a district school board finds and declares in a
  922  resolution approved adopted at a regular meeting of the school
  923  board that the funds received for any of the following
  924  categorical appropriations are urgently needed to maintain
  925  school board specified academic classroom instruction specified
  926  by the school board, the school board may consider and approve
  927  an amendment to the school district operating budget
  928  transferring the identified amount of the categorical funds to
  929  the appropriate account for expenditure:
  930         1. Funds for student transportation.
  931         2. Funds for safe schools.
  932         3. Funds for supplemental academic instruction if the
  933  required additional hour of instruction beyond the normal school
  934  day for each day of the entire school year has been provided for
  935  the students in each low-performing elementary school in the
  936  district pursuant to paragraph (1)(f).
  937         4. Funds for research-based reading instruction if the
  938  required additional hour of instruction beyond the normal school
  939  day for each day of the entire school year has been provided for
  940  the students in each low-performing elementary school in the
  941  district pursuant to paragraph (9)(a).
  942         5. Funds for instructional materials if all instructional
  943  material purchases necessary to provide updated materials that
  944  are aligned with applicable to Next Generation Sunshine state
  945  standards and course descriptions benchmarks and that meet
  946  statutory requirements of content and learning have been
  947  completed for that fiscal year, but no sooner than March 1.
  948  Funds available after March 1 may be used to purchase hardware
  949  for student instruction.
  950         Section 19. This act shall take effect July 1, 2013.
  951  
  952  ================= T I T L E  A M E N D M E N T ================
  953         And the title is amended as follows:
  954         Delete everything before the enacting clause
  955  and insert:
  956                        A bill to be entitled                      
  957         An act relating to instructional materials for K-12
  958         public education; amending s. 1006.28, F.S.; revising
  959         the duties of a district school board and the district
  960         superintendent with regard to instructional materials;
  961         repealing s. 1006.282, F.S., relating to the pilot
  962         program for the transition to electronic and digital
  963         instructional materials; creating s. 1006.283, F.S.;
  964         authorizing a district school board or a consortium of
  965         school districts to implement an instructional
  966         materials program; requiring the district
  967         superintendent to certify to the Department of
  968         Education that core instructional materials align with
  969         applicable state standards; requiring the district
  970         school board to adopt rules; authorizing the district
  971         school board to set and collect fees from a publisher
  972         that participates in the instructional materials
  973         review process; providing a limit on fees; providing
  974         for a stipend and reimbursement for travel expenses
  975         and per diem for reviewers; requiring instructional
  976         materials that are approved by the district
  977         instructional materials reviewers to be aligned with
  978         applicable state standards; requiring each district
  979         school board to annually certify that the
  980         instructional materials align with applicable state
  981         standards; providing pricing requirements for
  982         instructional materials; amending s. 1006.29, F.S.;
  983         providing a definition; requiring the department to
  984         appoint state instructional materials reviewers,
  985         rather than state or national experts, to review
  986         instructional materials; providing requirements,
  987         appointments, and terms for state instructional
  988         materials reviewers; authorizing the department to
  989         compensate assigned reviewers with funds collected
  990         through certain fees; providing a purpose for the use
  991         of the fees; authorizing a stipend for service as a
  992         reviewer; providing for payment for per diem and
  993         reimbursement for travel expenses for service as a
  994         reviewer; requiring a publisher to offer sections of
  995         instructional materials in certain version at reduced
  996         rates; requiring the department to post certain
  997         instructional materials on its website; amending s.
  998         1006.30, F.S.; conforming provisions to changes made
  999         by the act; amending s. 1006.31, F.S.; conforming
 1000         provisions to changes made by the act; revising the
 1001         procedure for evaluating instructional materials;
 1002         providing standards to determine the propriety of
 1003         instructional materials; amending s. 1006.32, F.S.;
 1004         conforming provisions to changes made by the act;
 1005         repealing s. 1006.33, F.S., relating to bids,
 1006         proposals, and advertisement regarding instructional
 1007         materials; amending s. 1006.34, F.S.; revising the
 1008         powers and duties of the State Board of Education in
 1009         evaluating instructional materials to include
 1010         collecting fees and adopting rules; conforming
 1011         provisions to changes made by the act; amending s.
 1012         1006.35, F.S.; authorizing the Commissioner of
 1013         Education to remove materials from the list of
 1014         approved materials if the materials do not align with
 1015         applicable state standards; prohibiting a school
 1016         district from purchasing removed materials under
 1017         certain circumstances; amending s. 1006.36, F.S.;
 1018         providing for the state review cycle for instructional
 1019         materials; amending s. 1006.37, F.S.; authorizing a
 1020         district school superintendent to requisition approved
 1021         instructional materials; conforming provisions to
 1022         changes made by the act; amending s. 1006.38, F.S.;
 1023         providing for applicability; revising duties of
 1024         publishers and manufacturers; amending s. 1006.40,
 1025         F.S.; revising the allocation for instructional
 1026         materials; amending s. 1001.10, F.S.; revising the
 1027         duties of the Commissioner of Education with regard to
 1028         instructional materials, including submission of a
 1029         report to the Governor and the Legislature; amending
 1030         s. 1003.55, F.S.; requiring a publisher or
 1031         manufacturer of instructional materials that have been
 1032         approved by the Department of Education or a school
 1033         district to furnish the department with a computer
 1034         file in an electronic format specified by the
 1035         department; amending s. 1003.621, F.S.; conforming
 1036         provisions to changes made by the act; amending s.
 1037         1011.62, F.S.; conforming provisions to changes made
 1038         by the act; providing an effective date.