Florida Senate - 2014                                     SB 864
       By Senator Hays
       11-01352D-14                                           2014864__
    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.; providing
    4         that the district school board has the constitutional
    5         duty and responsibility to select and provide adequate
    6         instructional materials for all students; redefining
    7         the term “adequate instructional materials”; amending
    8         s. 1006.283, F.S.; requiring a district school board
    9         or consortium of school districts to implement an
   10         instructional materials program; including criteria
   11         for the review and recommendation of instructional
   12         materials, the process by which instructional
   13         materials are adopted, and the process by which a
   14         school district will notify parents of their ability
   15         to access their children’s instructional materials in
   16         the list of the subjects that must be addressed by
   17         rule of the district school board; requiring adopted
   18         instructional materials to be provided in digital
   19         format; defining the term “digital format”; requiring
   20         the Department of Education to publish minimum,
   21         recommended technology requirements; requiring the
   22         district to make available, upon request, sample
   23         copies of its adopted instructional materials;
   24         repealing s. 1006.29, F.S., relating to state
   25         instructional materials reviewers; amending s.
   26         1006.30, F.S.; requiring each district instructional
   27         materials reviewer to file an affidavit with the
   28         district school board, rather than the department;
   29         amending s. 1006.31, F.S.; deleting references to the
   30         Department of Education regarding the duties of
   31         instructional materials reviewers; revising the
   32         evaluation procedure for instructional materials;
   33         amending s. 1006.32, F.S.; conforming provisions to
   34         changes made by the act; repealing s. 1006.33, F.S.,
   35         relating to bids, proposals, and advertisement
   36         regarding the adoption of instructional materials;
   37         repealing s. 1006.34, F.S., relating to powers and
   38         duties of the Commissioner of Education and the
   39         department in selecting and adopting instructional
   40         materials; amending s. 1006.35, F.S.; requiring the
   41         district school board, rather than the commissioner,
   42         to conduct an independent investigation to determine
   43         the accuracy of district-adopted instructional
   44         materials; authorizing the district school board,
   45         rather than the commissioner, to remove materials from
   46         the list of district-adopted materials under certain
   47         circumstances; repealing s. 1006.36, F.S., relating to
   48         the term of adoption for instructional materials;
   49         amending s. 1006.37, F.S.; authorizing, rather than
   50         requiring, the district school superintendent to
   51         requisition adopted instructional materials from the
   52         depository of a publisher with whom a contract has
   53         been made or any other vendor selling the adopted
   54         instructional materials; deleting provisions regarding
   55         the superintendent’s requisition of instructional
   56         materials; conforming provisions to changes made by
   57         the act; authorizing a district school board or a
   58         consortium of school districts to requisition
   59         instructional materials from the publisher’s
   60         depository or any other vendor selling adopted
   61         instructional materials and to request assistance from
   62         the publisher’s depository to recommend instructional
   63         materials for review, approval, adoption, and
   64         purchase; requiring the recommended materials to be
   65         consistent with certain goals, objectives, and
   66         requirements; requiring that personnel from the
   67         publisher’s depository sign an affidavit in order to
   68         be considered an instructional materials reviewer;
   69         amending s. 1006.38, F.S.; conforming provisions to
   70         changes made by the act; revising the duties,
   71         responsibilities, and requirements of instructional
   72         materials publishers and manufacturers; amending s.
   73         1006.40, F.S.; deleting provisions regarding the
   74         adoption of instructional materials for certain core
   75         courses in the subject area of mathematics; requiring
   76         each district school board to use a certain percentage
   77         of the annual allocation for the purchase of digital,
   78         rather than electronic, instructional materials that
   79         meet certain goals, objectives, and requirements;
   80         deleting provisions regarding the use of the
   81         district’s annual allocation for the purchase of
   82         instructional materials; amending s. 1006.41, F.S.;
   83         conforming provisions to changes made by the act;
   84         amending ss. 1006.282 and 1010.82, F.S.; conforming
   85         cross-references; providing an effective date.
   87  Be It Enacted by the Legislature of the State of Florida:
   89         Section 1. Subsection (1) of section 1006.28, Florida
   90  Statutes, is amended to read:
   91         1006.28 Duties of district school board, district school
   92  superintendent; and school principal regarding K-12
   93  instructional materials.—
   94         (1) DISTRICT SCHOOL BOARD.—The district school board has
   95  the constitutional duty and responsibility to select and provide
   96  adequate instructional materials for all students in accordance
   97  with the requirements of this part. The term “adequate
   98  instructional materials” means a sufficient number of student or
   99  site licenses or sets of materials that are available in bound,
  100  unbound, kit, or package form and may consist of hardbacked or
  101  softbacked textbooks, electronic content, consumables, learning
  102  laboratories, manipulatives, and electronic media, and computer
  103  courseware, or software, or applications that serve as the basis
  104  for instruction for each student in the core courses of
  105  mathematics, language arts, social studies, science, reading,
  106  and literature. The district school board has the following
  107  specific duties and responsibilities:
  108         (a) Courses of study; adoption.—Adopt courses of study for
  109  use in the schools of the district.
  110         (b) Instructional materials.—Provide for proper
  111  requisitioning, distribution, accounting, storage, care, and use
  112  of all instructional materials and furnish such other
  113  instructional materials as may be needed. The district school
  114  board shall ensure that instructional materials used in the
  115  district are consistent with the district goals and objectives
  116  and the course descriptions established in rule of the State
  117  Board of Education, as well as with the state and district
  118  performance standards provided for in s. 1001.03(1).
  119         (c) Other instructional materials.—Provide such other
  120  teaching accessories and aids as are needed for the school
  121  district’s educational program.
  122         (d) School library media services; establishment and
  123  maintenance.—Establish and maintain a program of school library
  124  media services for all public schools in the district, including
  125  school library media centers, or school library media centers
  126  open to the public, and, in addition such traveling or
  127  circulating libraries as may be needed for the proper operation
  128  of the district school system.
  129         Section 2. Subsections (1) and (2) of section 1006.283,
  130  Florida Statutes, are amended, and subsections (7), (8), and (9)
  131  are added to that section, to read:
  132         1006.283 District school board instructional materials
  133  review process.—
  134         (1) A district school board or consortium of school
  135  districts shall may implement an instructional materials program
  136  that includes the review, approval, adoption, and purchase of
  137  instructional materials. Beginning in the 2013-2014 school year,
  138  The district school superintendent shall certify to the
  139  department by March 31 of each year that all instructional
  140  materials for core courses used by the district are aligned with
  141  applicable state standards. Included in the certification shall
  142  be A list of the core instructional materials that will be used
  143  or purchased for use by the school district shall be included in
  144  the certification.
  145         (2) The district school board shall adopt rules
  146  implementing the district’s instructional materials program
  147  which must include, but need not be limited to:
  148         (a) Criteria for the review and recommendation of
  149  instructional materials, including a thorough review of
  150  curriculum content. The district shall establish a local
  151  instructional materials review committee to review and recommend
  152  instructional materials to the district school board for final
  153  adoption. A district may enter into an agreement with other
  154  districts to combine their local instructional materials review
  155  committees into one super committee. A local instructional
  156  materials review committee shall consist of the following
  157  members, appointed as follows:
  158         1. Each district school board member shall appoint one
  159  person who is not employed by the district.
  160         2. The superintendent shall appoint a number of classroom
  161  teachers equal to the number of district school board members.
  162  The selection of classroom teachers shall be representative of
  163  the subject areas and grade levels of the instructional
  164  materials being considered for adoption.
  165         3. The district school board and the superintendent shall
  166  each appoint at least one parent of a student who is currently
  167  enrolled in a public school in the district Its review and
  168  purchase process.
  169         (b) Identification, by subject area, of a review cycle for
  170  instructional materials.
  171         (c) The duties and qualifications of the instructional
  172  materials reviewers.
  173         (d) The requirements for an affidavit made by each a
  174  district instructional materials reviewer which substantially
  175  meets includes the requirements of s. 1006.30.
  176         (e) Compliance with s. 1006.32, relating to prohibited
  177  acts.
  178         (f) A process for the district school board to determine
  179  and certify that certifies the accuracy of district-adopted
  180  instructional materials.
  181         (g) The incorporation of applicable requirements of s.
  182  1006.31, which relates to the duties of instructional materials
  183  reviewers.
  184         (h) The incorporation of applicable requirements of s.
  185  1006.38, relating to the duties, responsibilities, and
  186  requirements of publishers of instructional materials.
  187         (i) The process by which instructional materials are
  188  adopted by the district school board. The process must allow the
  189  public, within 10 days after district school board adoption, to
  190  appeal the district school board’s adoption of specific
  191  instructional materials. Upon appeal, the district school board
  192  shall convene a public hearing to reevaluate the challenged
  193  instructional materials and determine suitability for use.
  194  Suitability includes the accuracy and appropriateness of the
  195  materials according to the evaluation criteria specified in s.
  196  1006.31. The district school board’s decision to adopt
  197  instructional materials is final unless a public appeal is
  198  timely filed. If a public appeal is timely filed, the district
  199  school board’s decision after convening the public hearing is
  200  final and not subject to further review.
  201         1. Instructional materials considered for adoption by the
  202  district school board must be posted in a read-only format on
  203  the district website at least 20 calendar days before the public
  204  hearing and public meeting as specified in this paragraph. The
  205  district shall establish an electronic process for the public to
  206  submit, and the school board members and the superintendent to
  207  access, comments on the recommended instructional materials.
  208         2. The district school board shall conduct an open, noticed
  209  district school board hearing to receive public comment on and
  210  review the recommended instructional materials.
  211         3. The district school board shall hold an open, noticed
  212  public meeting to approve an annual instructional materials
  213  plan, including the adoption of instructional materials. This
  214  public meeting must be held on a different date than the public
  215  hearing.
  216         4. The notices for the public hearing and the public
  217  meeting must specifically state which instructional materials
  218  are being reviewed and the manner in which the instructional
  219  materials can be accessed for public review.
  220         (j)(i) The process by which instructional materials will be
  221  purchased, including advertising, bidding, and purchasing
  222  requirements.
  223         (k)The process by which the school district will notify
  224  parents of their ability to access their children’s textbooks
  225  and instructional materials through the district’s local
  226  instructional improvement system and by which the school
  227  district will encourage parents to access the system. This
  228  notification must be displayed prominently on the district
  229  school board’s website and provided annually in a written format
  230  to all parents of enrolled students.
  231         (7)Beginning in the 2015-2016 academic year, all adopted
  232  instructional materials for students in kindergarten through
  233  grade 12 must be available in a digital format. As used in this
  234  subsection, the term “digital format” means text-based or image
  235  based content in a form that provides the student with various
  236  interactive functions; that can be searched, tagged,
  237  distributed, and used for individualized and group learning;
  238  that includes multimedia content such as video clips, animation,
  239  and virtual reality; and that can be accessed at anytime and
  240  anywhere. The term does not include electronic or computer
  241  hardware even if such hardware is bundled with software or other
  242  electronic media, nor does the term include equipment or
  243  supplies.
  244         (8) The department shall publish recommended, minimum
  245  technology requirements that include guidelines on the number of
  246  students per device necessary to ensure that students can access
  247  all instructional materials in digital format and specifications
  248  for hardware, software, networking, and security.
  249         (9) The school district shall make available upon request
  250  for public inspection sample copies of all instructional
  251  materials that have been adopted by the district school board.
  252         Section 3. Section 1006.29, Florida Statutes, is repealed.
  253         Section 4. Section 1006.30, Florida Statutes, is amended to
  254  read:
  255         1006.30 Affidavit of district state instructional materials
  256  reviewers.—Before transacting any business, each district state
  257  instructional materials reviewer shall make an affidavit, to be
  258  filed with the district school board department, that:
  259         (1) The reviewer will faithfully discharge the duties
  260  imposed upon him or her.
  261         (2) The reviewer does not have an has no interest in any
  262  publishing or manufacturing organization that produces or sells
  263  instructional materials.
  264         (3) The reviewer is not in no way connected with the
  265  distribution of the instructional materials.
  266         (4) The reviewer does not have any direct or indirect
  267  pecuniary interest in the business or profits of any person
  268  engaged in manufacturing, publishing, or selling instructional
  269  materials designed for use in the public schools.
  270         (5) The reviewer will not accept any emolument or promise
  271  of future reward of any kind from any publisher or manufacturer
  272  of instructional materials or his or her agent or anyone
  273  interested in, or intending to bias his or her judgment in any
  274  way in, the selection of any materials to be adopted.
  275         (6) The reviewer understands that it is unlawful to discuss
  276  matters relating to instructional materials submitted for
  277  adoption with any agent of a publisher or manufacturer of
  278  instructional materials, either directly or indirectly, except
  279  during the period when the publisher or manufacturer is
  280  providing a presentation for the reviewer during his or her
  281  review of the instructional materials submitted for adoption.
  282         Section 5. Section 1006.31, Florida Statutes, is amended to
  283  read:
  284         1006.31 Duties of the Department of Education and school
  285  district instructional materials reviewer.—The duties of the
  286  instructional materials reviewer are:
  287         (1) PROCEDURES.—To adhere to procedures prescribed by the
  288  department or the district for evaluating instructional
  289  materials submitted by publishers and manufacturers in each
  290  adoption. This section applies to both the state and district
  291  approval processes.
  293  carefully all instructional materials submitted, in order to
  294  ascertain which instructional materials, if any, submitted for
  295  consideration implement the selection criteria developed by the
  296  district department and those curricular objectives included
  297  within applicable performance standards provided for in s.
  298  1001.03(1).
  299         (a) When recommending instructional materials for use in
  300  the schools, each reviewer shall include only instructional
  301  materials that accurately portray the ethnic, socioeconomic,
  302  cultural, and racial diversity of our society, including men and
  303  women in professional, career, and executive roles, and the role
  304  and contributions of the entrepreneur and labor in the total
  305  development of this state and the United States.
  306         (b) When recommending instructional materials for use in
  307  the schools, each reviewer shall include only materials that
  308  accurately portray, whenever appropriate, humankind’s place in
  309  ecological systems, including the necessity for the protection
  310  of our environment and conservation of our natural resources and
  311  the effects on the human system of the use of tobacco, alcohol,
  312  controlled substances, and other dangerous substances.
  313         (c) When recommending instructional materials for use in
  314  the schools, each reviewer shall require such materials as he or
  315  she deems necessary and proper to encourage thrift, fire
  316  prevention, and humane treatment of people and animals.
  317         (d) When recommending instructional materials for use in
  318  the schools, each reviewer shall require, when appropriate to
  319  the comprehension of students, that materials for social
  320  science, history, or civics classes contain the Declaration of
  321  Independence and the Constitution of the United States. A
  322  reviewer may not recommend any instructional materials for use
  323  in the schools which contain any matter reflecting unfairly upon
  324  persons because of their race, color, creed, national origin,
  325  ancestry, gender, or occupation.
  326         (e) Any instructional materials material recommended by
  327  each reviewer for use in the schools must shall be, to the
  328  satisfaction of each reviewer, accurate, objective, and current,
  329  and suited to the needs and comprehension of students at their
  330  respective grade levels. A reviewer Reviewers shall consider for
  331  adoption materials developed for academically talented students
  332  such as those enrolled in advanced placement courses.
  333         (f)Any instructional materials containing pornography or
  334  which are otherwise prohibited under s. 847.012 may not be used
  335  or made available within a public school. When selecting
  336  instructional materials, library media, and other reading
  337  materials used in the public school system, each reviewer shall
  338  use, at a minimum, the following standards to determine the
  339  propriety of the material:
  340         1. The age of the students who normally could be expected
  341  to have access to the material.
  342         2. The educational purpose to be served by the material. In
  343  considering instructional materials for classroom use, priority
  344  shall be given to the selection of materials that encompass the
  345  performance standards provided for in s. 1001.03(1) and that
  346  include the instructional objectives contained in the course
  347  description approved by rule of the State Board of Education.
  348         3. The degree to which the material would be supplemented
  349  and explained by mature classroom instruction as part of a
  350  normal classroom instructional program.
  351         4. The consideration of the broad racial, ethnic,
  352  socioeconomic, and cultural diversity of the students of this
  353  state.
  354         (3) REPORT OF REVIEWERS.—After a thorough study of all data
  355  submitted on each instructional material, to submit an
  356  electronic report to the district school board department. The
  357  report shall be made public and must include responses to each
  358  section of the report format prescribed by the district school
  359  board department.
  360         Section 6. Section 1006.32, Florida Statutes, is amended to
  361  read:
  362         1006.32 Prohibited acts.—
  363         (1) A publisher or manufacturer of instructional material,
  364  or any representative thereof, may not offer to give any
  365  emolument, money, or other valuable thing, or any inducement, to
  366  a any district school board official or state instructional
  367  materials reviewer to directly or indirectly introduce,
  368  recommend, vote for, or otherwise influence the adoption or
  369  purchase of any instructional materials.
  370         (2) A district school board official or an a state
  371  instructional materials reviewer may not solicit or accept any
  372  emolument, money, or other valuable thing, or any inducement, to
  373  directly or indirectly introduce, recommend, vote for, or
  374  otherwise influence the adoption or purchase of any
  375  instructional material.
  376         (3) A district school board or publisher may not
  377  participate in a pilot program of materials being considered for
  378  adoption during the 18-month period before the official adoption
  379  of the materials by the commissioner. Any pilot program during
  380  the first 2 years of the adoption period must have the prior
  381  approval of the commissioner.
  382         (4) Any publisher or manufacturer of instructional
  383  materials or representative thereof or any district school board
  384  official or state instructional materials reviewer who violates
  385  any provision of this section commits a misdemeanor of the
  386  second degree, punishable as provided in s. 775.082 or s.
  387  775.083. A Any representative of a publisher or manufacturer who
  388  violates any provision of this section, in addition to any other
  389  penalty, shall be banned from practicing business in the state
  390  for a period of 1 calendar year.
  391         (5) This section does not prohibit any publisher,
  392  manufacturer, or agent from supplying, for purposes of
  393  examination, necessary sample copies of instructional materials
  394  to any district school board official or state instructional
  395  materials reviewer.
  396         (6) This section does not prohibit a district school board
  397  official or state instructional materials reviewer from
  398  receiving sample copies of instructional materials.
  399         (7) This section does not prohibit or restrict a district
  400  school board official from receiving royalties or other
  401  compensation, other than compensation paid to him or her as
  402  commission for negotiating sales to district school boards, from
  403  the publisher or manufacturer of instructional materials
  404  written, designed, or prepared by such district school board
  405  official, and adopted by the commissioner or purchased by any
  406  district school board. A No district school board official may
  407  not shall be allowed to receive royalties on any materials not
  408  on the district-adopted state-adopted list purchased for use by
  409  his or her district school board.
  410         (8) A district school superintendent, district school board
  411  member, teacher, or other person officially connected with the
  412  government or direction of public schools may not receive during
  413  the months actually engaged in performing duties under his or
  414  her contract any private fee, gratuity, donation, or
  415  compensation, in any manner whatsoever, for promoting the sale
  416  or exchange of any instructional material, map, or chart in any
  417  public school, or be an agent for the sale of, or the publisher
  418  of, any instructional material or reference work, or have a
  419  direct or indirect pecuniary interest in the introduction of any
  420  such instructional material, and any such agency or interest
  421  shall disqualify any person so acting or interested from holding
  422  any district school board employment whatsoever, and the person
  423  commits a misdemeanor of the second degree, punishable as
  424  provided in s. 775.082 or s. 775.083; however, this subsection
  425  does not prevent the adoption of any instructional material
  426  written in whole or in part by a Florida author.
  427         Section 7. Section 1006.33, Florida Statutes, is repealed.
  428         Section 8. Section 1006.34, Florida Statutes, is repealed.
  429         Section 9. Section 1006.35, Florida Statutes, is amended to
  430  read:
  431         1006.35 Accuracy of instructional materials.—
  432         (1) In addition to relying on statements of publishers or
  433  manufacturers of instructional materials, the district school
  434  board commissioner may conduct or cause to be conducted an
  435  independent investigation to determine the accuracy of district
  436  adopted state-adopted instructional materials.
  437         (2) When errors in district-adopted state-adopted materials
  438  are confirmed, the publisher of the materials shall provide to
  439  each district school board that has purchased the materials the
  440  corrections in a format approved by the investigating district
  441  school board department.
  442         (3) The district school board commissioner may remove
  443  materials from the list of district-adopted state-adopted
  444  materials if it he or she finds that the content is in error and
  445  the publisher refuses to correct the error when notified by the
  446  district school board department.
  447         (4) The district school board commissioner may remove
  448  materials from the list of district-adopted state-adopted
  449  materials at the request of the publisher if, in the district
  450  school board’s his or her opinion, there is no material impact
  451  on the district’s and the state’s education goals.
  452         Section 10. Section 1006.36, Florida Statutes, is repealed.
  453         Section 11. Section 1006.37, Florida Statutes, is amended
  454  to read:
  455         1006.37 Requisition of instructional materials from
  456  publisher’s depository.—
  457         (1) The district school superintendent may shall
  458  requisition adopted instructional materials from the depository
  459  of the publisher with whom a contract has been made or any other
  460  vendor selling the adopted instructional materials. However, the
  461  superintendent shall requisition current instructional materials
  462  to provide each student with a textbook or other materials as a
  463  major tool of instruction in core courses of the subject areas
  464  specified in s. 1006.40(2). These materials must be
  465  requisitioned within the first 3 years of the adoption cycle,
  466  except for instructional materials related to growth of student
  467  membership or instructional materials maintenance needs. The
  468  superintendent may requisition instructional materials in the
  469  core subject areas specified in s. 1006.40(2) that are related
  470  to growth of student membership or instructional materials
  471  maintenance needs during the 3rd, 4th, 5th, and 6th years of the
  472  original contract period.
  473         (2) The district school superintendent shall verify that
  474  the requisition is complete and accurate and order the
  475  depository or vendor selling the adopted instructional materials
  476  to forward to him or her the adopted instructional materials
  477  shown by the requisition. The depository or vendor shall prepare
  478  an invoice of the materials shipped, including shipping charges,
  479  and mail it to the superintendent to whom the shipment is being
  480  made. The superintendent shall pay the depository or vendor
  481  within 60 days after receipt of the requisitioned materials from
  482  the appropriation for the purchase of adopted instructional
  483  materials.
  484         (3) A district school board or a consortium of school
  485  districts may which implements an instructional materials
  486  program pursuant to s. 1006.283 is not required to requisition
  487  instructional materials from the publisher’s depository or any
  488  other vendor selling the adopted instructional materials.
  489         (4)A district school board or a consortium of school
  490  districts may request assistance from the publisher’s depository
  491  to recommend instructional materials for review, approval,
  492  adoption, and purchase pursuant to s. 1006.283.
  493         Section 12. Section 1006.38, Florida Statutes, is amended
  494  to read:
  495         1006.38 Duties, responsibilities, and requirements of
  496  instructional materials publishers and manufacturers.—This
  497  section applies to both the state and district approval
  498  processes. Publishers and manufacturers of instructional
  499  materials, or their representatives, shall:
  500         (1) Comply with all provisions of this part.
  501         (2) Electronically deliver fully developed sample copies of
  502  all instructional materials upon which bids are based to the
  503  district department pursuant to procedures adopted by the
  504  district school board State Board of Education.
  505         (3) Submit, at a time designated by the district school
  506  board in s. 1006.33, the following information:
  507         (a) Detailed specifications of the physical characteristics
  508  of the instructional materials, including any software or
  509  technological tools required for use by the district, school,
  510  teachers, or students. The publisher or manufacturer shall
  511  comply with these specifications if the instructional materials
  512  are adopted and purchased in completed form.
  513         (b) Evidence that the publisher or manufacturer has
  514  provided materials that address the performance standards
  515  provided for in s. 1001.03(1) and that can be accessed through
  516  the district’s local instructional improvement system and a
  517  variety of electronic, digital, and mobile devices.
  518         (c) Evidence that the instructional materials include
  519  specific references to statewide standards in the teacher’s
  520  manual and incorporate such standards into chapter tests or the
  521  assessments.
  522         (4) Make available for purchase by any district school
  523  board any diagnostic, criterion-referenced, or other tests that
  524  they may develop.
  525         (5) Furnish the instructional materials offered by them at
  526  a price in the state which, including all costs of electronic
  527  transmission, may not exceed the lowest price at which they
  528  offer such instructional materials for adoption or sale to any
  529  state or school district in the United States.
  530         (6) Reduce automatically the price of the instructional
  531  materials to any district school board to the extent that
  532  reductions are made elsewhere in the United States.
  533         (7) Provide any instructional materials free of charge in
  534  the state to the same extent as they are provided free of charge
  535  to any state or school district in the United States.
  536         (8) Guarantee that all copies of any instructional
  537  materials sold in this state will be at least equal in quality
  538  to the copies of such instructional materials that are sold
  539  elsewhere in the United States and will be kept revised, free
  540  from all errors, and up-to-date as may be required by the
  541  department.
  542         (9) Agree that any supplementary material developed at the
  543  district or state level does not violate the author’s or
  544  publisher’s copyright, provided such material is developed in
  545  accordance with the doctrine of fair use.
  546         (10) Not in any way, directly or indirectly, become
  547  associated or connected with any combination in restraint of
  548  trade in instructional materials, nor enter into any
  549  understanding, agreement, or combination to control prices or
  550  restrict competition in the sale of instructional materials for
  551  use in the state.
  552         (11) Maintain or contract with a depository in the state.
  553         (12) For the core subject areas specified in s. 1006.40(2),
  554  maintain in the depository for the first 3 years of the contract
  555  an inventory of instructional materials sufficient to receive
  556  and fill orders.
  557         (13) For the core subject areas specified in s. 1006.40(2),
  558  ensure the availability of an inventory sufficient to receive
  559  and fill orders for instructional materials for growth,
  560  including the opening of a new school, and replacement during
  561  the 3rd and subsequent years of the original contract period.
  562         (13)(14) Accurately and fully disclose only the names of
  563  those persons who actually authored the instructional materials.
  564  In addition to the penalties provided in subsection (15)
  565  subsection (16), the district school board commissioner may
  566  remove from the list of district-adopted state-adopted
  567  instructional materials those instructional materials whose
  568  publisher or manufacturer misleads the purchaser by falsely
  569  representing genuine authorship.
  570         (14)(15) Grant, without prior written request, for any
  571  copyright held by the publisher or its agencies automatic
  572  permission to the district school board department or its
  573  agencies for the reproduction of instructional materials and
  574  supplementary materials in Braille, large print, or other
  575  appropriate format for use by visually impaired students or
  576  other students with disabilities who that would benefit from use
  577  of the materials.
  578         (15)(16) Upon the willful failure of the publisher or
  579  manufacturer to comply with the requirements of this section, be
  580  liable to the district school board department in the amount of
  581  three times the total sum which the publisher or manufacturer
  582  was paid in excess of the price required under subsections (5)
  583  and (6) and in the amount of three times the total value of the
  584  instructional materials and services which the district school
  585  board is entitled to receive free of charge under subsection
  586  (7).
  587         Section 13. Subsections (2) and (3) of section 1006.40,
  588  Florida Statutes, are amended to read:
  589         1006.40 Use of instructional materials allocation;
  590  instructional materials, library books, and reference books;
  591  repair of books.—
  592         (2) Each district school board must purchase current
  593  instructional materials to provide each student in kindergarten
  594  through grade 12 with a major tool of instruction in core
  595  courses of the subject areas of mathematics, language arts,
  596  science, social studies, reading, and literature for
  597  kindergarten through grade 12. Such purchase must be made within
  598  the first 3 years after the effective date of the adoption
  599  cycle. For the 2012-2013 mathematics adoption, a district using
  600  a comprehensive mathematics instructional materials program
  601  adopted in the 2009-2010 adoption shall be deemed in compliance
  602  with this subsection if it provides each student with such
  603  additional state-adopted materials as may be necessary to align
  604  the previously adopted comprehensive program to common core
  605  standards and the other criteria of the 2012-2013 mathematics
  606  adoption.
  607         (3)(a) By the 2015-2016 fiscal year, each district school
  608  board shall use at least 50 percent of the annual allocation for
  609  the purchase of digital or electronic instructional materials
  610  that are consistent with district goals and objectives and the
  611  course descriptions adopted in rule by the State Board of
  612  Education, align with the performance standards provided for in
  613  s. 1001.03(1), meet the requirements in s. 1006.31, and are on
  614  the district-adopted list align with state standards included on
  615  the state-adopted list, except as otherwise authorized in
  616  paragraphs (b) and (c). This section does not apply to a
  617  district school board or a consortium of school districts which
  618  implements an instructional materials program pursuant to s.
  619  1006.283, except that by the 2015-2016 fiscal year, each
  620  district school board shall use at least 50 percent of the
  621  annual allocation for the purchase of digital or electronic
  622  instructional materials that align with state standards.
  623         (b) Up to 50 percent of the annual allocation may be used
  624  for the purchase of instructional materials, including library
  625  and reference books and nonprint materials, not included on the
  626  state-adopted list and for the repair and renovation of
  627  textbooks and library books.
  628         (c) District school boards may use 100 percent of that
  629  portion of the annual allocation designated for the purchase of
  630  instructional materials for kindergarten, and 75 percent of that
  631  portion of the annual allocation designated for the purchase of
  632  instructional materials for first grade, to purchase materials
  633  not on the state-adopted list.
  634         Section 14. Subsection (1) of section 1006.41, Florida
  635  Statutes, is amended to read:
  636         1006.41 Disposal of instructional materials.—
  637         (1) Instructional materials that have become unserviceable
  638  or surplus or are no longer on the district state contract may
  639  be disposed of, under adopted rule of the district school board,
  640  by:
  641         (a) Giving or lending the materials to other public
  642  education programs within the district or state, to the teachers
  643  to use in developing supplementary teaching materials, to
  644  students or others, or to any charitable organization,
  645  governmental agency, home education students, private school, or
  646  state.
  647         (b) Selling the materials to used book dealers, recycling
  648  plants, pulp mills, or other persons, firms, or corporations
  649  upon such terms as are most economically advantageous to the
  650  district school board.
  651         Section 15. Section 1006.282, Florida Statutes, is amended
  652  to read:
  653         1006.282 Pilot program for the transition to electronic and
  654  digital instructional materials.—
  655         (1) A district school board may designate pilot program
  656  schools to implement the transition to instructional materials
  657  that are in an electronic or a digital format as defined in s.
  658  1006.283 s. 1006.29(3).
  659         (2) A district school board may designate pilot program
  660  schools if the school district:
  661         (a) Implements a local instructional improvement system
  662  pursuant to s. 1006.281 which enables district staff to plan,
  663  create, and manage professional development and to connect
  664  professional development with staff information and student
  665  performance, provides the ability to seamlessly connect the
  666  system to electronic and digital instructional materials and the
  667  instructional materials to student assessment data, and includes
  668  the minimum standards published by the Department of Education.
  669         (b) Requests only the electronic or digital format of the
  670  sample copies of instructional materials submitted pursuant to
  671  s. 1006.283 s. 1006.33.
  672         (c) Uses at least 50 percent of the pilot program school’s
  673  annual allocation from the district for the purchase of
  674  electronic or digital instructional materials included on the
  675  district-adopted state-adopted list.
  676         (3) A school designated as a pilot program school by the
  677  school board is exempt from:
  678         (a) Section 1006.40(2), if the school provides
  679  comprehensive electronic or digital instructional materials to
  680  all students; and
  681         (b) Section 1006.37.
  682         (4) By August 1 of each year, beginning in 2011, the school
  683  board must report to the Department of Education the school or
  684  schools in its district which have been designated as pilot
  685  program schools. The department shall publish the list of pilot
  686  program schools on the department’s Internet website. The report
  687  must include:
  688         (a) The name of the pilot program school, the contact
  689  person and contact person information, and the grade or grades
  690  and associated course or courses included in the pilot program
  691  school.
  692         (b) A description of the type of technological tool or
  693  tools that will be used to access the electronic or digital
  694  instructional materials included in the pilot program school,
  695  whether district-owned or student-owned.
  696         (c) The projected costs and funding sources, which must
  697  include cost savings or cost avoidances, associated with the
  698  pilot program.
  699         (5) By September 1 of each year, beginning in 2012, each
  700  school board that has a designated pilot program school shall
  701  provide to the Department of Education, the Executive Office of
  702  the Governor, and the chairs of the appropriations committees of
  703  the Senate and the House of Representatives a review of the
  704  pilot program schools which must include, but need not be
  705  limited to:
  706         (a) Successful practices;
  707         (b) The average amount of online Internet time needed by a
  708  student to access and use the school’s electronic or digital
  709  instructional materials;
  710         (c) Lessons learned;
  711         (d) The level of investment and cost-effectiveness; and
  712         (e) Impacts on student performance.
  713         Section 16. Section 1010.82, Florida Statutes, is amended
  714  to read:
  715         1010.82 Textbook Bid Trust Fund.—Chapter 99-36, Laws of
  716  Florida, re-created the Textbook Bid Trust Fund to record the
  717  revenue and disbursements of textbook bid performance deposits
  718  submitted to the Department of Education as required in s.
  719  1006.33.
  720         Section 17. This act shall take effect July 1, 2014.