Florida Senate - 2014                              CS for SB 864
       By the Committee on Governmental Oversight and Accountability;
       and Senators Hays, Benacquisto, and Negron
       585-03270-14                                           2014864c1
    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         Department of Education to publish annually a 5-year
   23         schedule of subject areas to be reviewed by local
   24         school districts, to begin by a specified date;
   25         requiring the district to make available, upon
   26         request, sample copies of its adopted instructional
   27         materials; repealing s. 1006.29, F.S., relating to
   28         state instructional materials reviewers; amending s.
   29         1006.30, F.S.; requiring each district instructional
   30         materials reviewer to file an affidavit with the
   31         district school board, rather than the department;
   32         amending s. 1006.31, F.S.; deleting references to the
   33         Department of Education regarding the duties of
   34         instructional materials reviewers; revising the
   35         evaluation procedure for instructional materials;
   36         amending s. 1006.32, F.S.; conforming provisions to
   37         changes made by the act; deleting references to the
   38         Commissioner of Education regarding a pilot program
   39         and the adoption of instructional materials; repealing
   40         s. 1006.33, F.S., relating to bids, proposals, and
   41         advertisement regarding the adoption of instructional
   42         materials; repealing s. 1006.34, F.S., relating to
   43         powers and duties of the Commissioner of Education and
   44         the department in selecting and adopting instructional
   45         materials; amending s. 1006.35, F.S.; requiring the
   46         district school board, rather than the commissioner,
   47         to conduct an independent investigation to determine
   48         the accuracy of district-adopted instructional
   49         materials; authorizing the district school board,
   50         rather than the commissioner, to remove materials from
   51         the list of district-adopted materials under certain
   52         circumstances; repealing s. 1006.36, F.S., relating to
   53         the term of adoption for instructional materials;
   54         amending s. 1006.37, F.S.; authorizing, rather than
   55         requiring, the district school superintendent to
   56         requisition adopted instructional materials from the
   57         depository of a publisher with whom a contract has
   58         been made or any other vendor selling the adopted
   59         instructional materials; deleting provisions regarding
   60         the superintendent’s requisition of instructional
   61         materials; conforming provisions to changes made by
   62         the act; authorizing a district school board or a
   63         consortium of school districts to requisition
   64         instructional materials from the publisher’s
   65         depository or any other vendor selling adopted
   66         instructional materials; amending s. 1006.38, F.S.;
   67         conforming provisions to changes made by the act;
   68         revising the duties, responsibilities, and
   69         requirements of instructional materials publishers and
   70         manufacturers; amending s. 1006.40, F.S.; deleting
   71         provisions regarding the adoption of instructional
   72         materials for certain core courses in the subject area
   73         of mathematics; allowing each district school board to
   74         use all of the annual allocation for the purchase of
   75         digital, rather than electronic, instructional
   76         materials that meet certain goals, objectives, and
   77         requirements; deleting provisions regarding the use of
   78         the district’s annual allocation for the purchase of
   79         instructional materials; amending s. 1006.41, F.S.;
   80         conforming provisions to changes made by the act;
   81         amending ss. 1003.621, 1006.282, and 1010.82, F.S.;
   82         conforming cross-references; providing an effective
   83         date.
   85  Be It Enacted by the Legislature of the State of Florida:
   87         Section 1. Subsection (1) of section 1006.28, Florida
   88  Statutes, is amended to read:
   89         1006.28 Duties of district school board, district school
   90  superintendent; and school principal regarding K-12
   91  instructional materials.—
   92         (1) DISTRICT SCHOOL BOARD.—The district school board has
   93  the constitutional duty and responsibility to select and provide
   94  adequate instructional materials for all students in accordance
   95  with the requirements of this part. The term “adequate
   96  instructional materials” means a sufficient number of student or
   97  site licenses or sets of materials that are available in bound,
   98  unbound, kit, or package form and may consist of hardbacked or
   99  softbacked textbooks, electronic content, consumables, learning
  100  laboratories, manipulatives, and electronic media, and computer
  101  courseware, or software, or applications that serve as the basis
  102  for instruction for each student in the core courses of
  103  mathematics, language arts, social studies, science, reading,
  104  and literature. The district school board has the following
  105  specific duties and responsibilities:
  106         (a) Courses of study; adoption.—Adopt courses of study for
  107  use in the schools of the district.
  108         (b) Instructional materials.—Provide for proper
  109  requisitioning, distribution, accounting, storage, care, and use
  110  of all instructional materials and furnish such other
  111  instructional materials as may be needed. The district school
  112  board shall ensure that instructional materials used in the
  113  district are consistent with the district goals and objectives
  114  and the course descriptions established in rule of the State
  115  Board of Education, as well as with the state and district
  116  performance standards provided for in s. 1001.03(1).
  117         (c) Other instructional materials.—Provide such other
  118  teaching accessories and aids as are needed for the school
  119  district’s educational program.
  120         (d) School library media services; establishment and
  121  maintenance.—Establish and maintain a program of school library
  122  media services for all public schools in the district, including
  123  school library media centers, or school library media centers
  124  open to the public, and, in addition such traveling or
  125  circulating libraries as may be needed for the proper operation
  126  of the district school system.
  127         Section 2. Subsections (1) and (2) of section 1006.283,
  128  Florida Statutes, are amended, and subsections (7), (8), and (9)
  129  are added to that section, to read:
  130         1006.283 District school board instructional materials
  131  review process.—
  132         (1) A district school board or consortium of school
  133  districts shall may implement an instructional materials program
  134  that includes the review, approval, adoption, and purchase of
  135  instructional materials. Beginning in the 2013-2014 school year,
  136  The district school superintendent shall certify to the
  137  department by March 31 of each year that all instructional
  138  materials for core courses used by the district are aligned with
  139  applicable state standards. Included in the certification shall
  140  be A list of the core instructional materials that will be used
  141  or purchased for use by the school district shall be included in
  142  the certification.
  143         (2) The district school board shall adopt rules
  144  implementing the district’s instructional materials program
  145  which must include, but need not be limited to:
  146         (a) Criteria for the review and recommendation of
  147  instructional materials, including a thorough review of
  148  curriculum content. The district shall establish a local
  149  instructional materials review committee to review and recommend
  150  instructional materials to the district school board for final
  151  adoption. A district may enter into an agreement with other
  152  districts to combine their local instructional materials review
  153  committees into one super committee. A local instructional
  154  materials review committee shall consist of the following
  155  members, appointed as follows:
  156         1. Each district school board member shall appoint one
  157  person who has subject area expertise in science, mathematics,
  158  language arts, social studies, or career or technical studies
  159  and 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 15 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. The district school board shall establish a process to
  202  allow student editions of instructional materials considered for
  203  adoption to be accessed and viewed online by the public at least
  204  20 calendar days before the public hearing and public meeting as
  205  specified in this paragraph. This process must include
  206  reasonable safeguards against the unauthorized use,
  207  reproduction, and distribution of instructional materials
  208  considered for adoption.
  209         2. The district school board shall conduct an open, noticed
  210  district school board hearing to receive public comment on and
  211  review the recommended instructional materials.
  212         3. The district school board shall hold an open, noticed
  213  public meeting to approve an annual instructional materials
  214  plan, including the adoption of instructional materials. This
  215  public meeting must be held on a different date than the public
  216  hearing.
  217         4. The notices for the public hearing and the public
  218  meeting must specifically state which instructional materials
  219  are being reviewed and the manner in which the instructional
  220  materials can be accessed for public review.
  221         (j)(i) The process by which instructional materials will be
  222  purchased, including advertising, bidding, and purchasing
  223  requirements.
  224         (k) The process by which the school district will notify
  225  parents of their ability to access their children’s textbooks
  226  and instructional materials through the district’s local
  227  instructional improvement system and by which the school
  228  district will encourage parents to access the system. This
  229  notification must be displayed prominently on the district
  230  school board’s website and provided annually in a written format
  231  to all parents of enrolled students.
  232         (7) Beginning in the 2015-2016 academic year, all adopted
  233  instructional materials for students in kindergarten through
  234  grade 12 must be available in a digital format. As used in this
  235  subsection, the term “digital format” means text-based or image
  236  based content in a form that provides the student with various
  237  interactive functions; that can be searched, tagged,
  238  distributed, and used for individualized and group learning;
  239  that includes multimedia content such as video clips, animation,
  240  and virtual reality; and that can be accessed at any time and
  241  anywhere. The term does not include electronic or computer
  242  hardware even if such hardware is bundled with software or other
  243  electronic media, nor does the term include equipment or
  244  supplies.
  245         (8)(a) The department shall publish recommended minimum
  246  technology requirements that include guidelines on the number of
  247  students per device necessary to ensure that students can access
  248  all instructional materials in digital format and specifications
  249  for hardware, software, networking, and security.
  250         (b) The department shall publish annually an official 5
  251  year schedule of subject areas to be reviewed by local school
  252  districts for each of the succeeding 5 years, to begin July 1,
  253  2014.
  254         (9) The school district shall make available upon request
  255  for public inspection sample copies of all instructional
  256  materials that have been adopted by the district school board.
  257         Section 3. Section 1006.29, Florida Statutes, is repealed.
  258         Section 4. Section 1006.30, Florida Statutes, is amended to
  259  read:
  260         1006.30 Affidavit of district state instructional materials
  261  reviewers.—Before transacting any business, each district state
  262  instructional materials reviewer shall make an affidavit, to be
  263  filed with the district school board department, that:
  264         (1) The reviewer will faithfully discharge the duties
  265  imposed upon him or her.
  266         (2) The reviewer does not have an has no interest in any
  267  publishing or manufacturing organization that produces or sells
  268  instructional materials.
  269         (3) The reviewer is not in no way connected with the
  270  distribution of the instructional materials.
  271         (4) The reviewer does not have any direct or indirect
  272  pecuniary interest in the business or profits of any person
  273  engaged in manufacturing, publishing, or selling instructional
  274  materials designed for use in the public schools.
  275         (5) The reviewer will not accept any emolument or promise
  276  of future reward of any kind from any publisher or manufacturer
  277  of instructional materials or his or her agent or anyone
  278  interested in, or intending to bias his or her judgment in any
  279  way in, the selection of any materials to be adopted.
  280         (6) The reviewer understands that it is unlawful to discuss
  281  matters relating to instructional materials submitted for
  282  adoption with any agent of a publisher or manufacturer of
  283  instructional materials, either directly or indirectly, except
  284  during the period when the publisher or manufacturer is
  285  providing a presentation for the reviewer during his or her
  286  review of the instructional materials submitted for adoption.
  287         Section 5. Section 1006.31, Florida Statutes, is amended to
  288  read:
  289         1006.31 Duties of the Department of Education and school
  290  district instructional materials reviewer.—The duties of the
  291  instructional materials reviewer are:
  292         (1) PROCEDURES.—To adhere to procedures prescribed by the
  293  department or the district for evaluating instructional
  294  materials submitted by publishers and manufacturers in each
  295  adoption. This section applies to both the state and district
  296  approval processes.
  298  carefully all instructional materials submitted, in order to
  299  ascertain which instructional materials, if any, submitted for
  300  consideration implement the selection criteria developed by the
  301  district department and those curricular objectives included
  302  within applicable performance standards provided for in s.
  303  1001.03(1).
  304         (a) When recommending instructional materials for use in
  305  the schools, each reviewer shall include only instructional
  306  materials that accurately portray the ethnic, socioeconomic,
  307  cultural, and racial diversity of our society, including men and
  308  women in professional, career, and executive roles, and the role
  309  and contributions of the entrepreneur and labor in the total
  310  development of this state and the United States.
  311         (b) When recommending instructional materials for use in
  312  the schools, each reviewer shall include only materials that
  313  accurately portray, whenever appropriate, humankind’s place in
  314  ecological systems, including the necessity for the protection
  315  of our environment and conservation of our natural resources and
  316  the effects on the human system of the use of tobacco, alcohol,
  317  controlled substances, and other dangerous substances.
  318         (c) When recommending instructional materials for use in
  319  the schools, each reviewer shall require such materials as he or
  320  she deems necessary and proper to encourage thrift, fire
  321  prevention, and humane treatment of people and animals.
  322         (d) When recommending instructional materials for use in
  323  the schools, each reviewer shall require, when appropriate to
  324  the comprehension of students, that materials for social
  325  science, history, or civics classes contain the Declaration of
  326  Independence and the Constitution of the United States. A
  327  reviewer may not recommend any instructional materials for use
  328  in the schools which contain any matter reflecting unfairly upon
  329  persons because of their race, color, creed, national origin,
  330  ancestry, gender, or occupation.
  331         (e) Any instructional materials material recommended by
  332  each reviewer for use in the schools must shall be, to the
  333  satisfaction of each reviewer, accurate, objective, balanced,
  334  noninflammatory, fact-based, and current, and suited to the
  335  needs and comprehension of students at their respective grade
  336  levels. A reviewer Reviewers shall consider for adoption
  337  materials developed for academically talented students such as
  338  those enrolled in advanced placement courses.
  339         (f) Any instructional materials containing pornography or
  340  which are otherwise prohibited under s. 847.012 may not be used
  341  or made available within a public school. When selecting
  342  instructional materials, library media, and other reading
  343  materials used in the public school system, each reviewer shall
  344  use, at a minimum, the following standards to determine the
  345  propriety of the material:
  346         1. The age of the students who normally could be expected
  347  to have access to the material.
  348         2. The educational purpose to be served by the material. In
  349  considering instructional materials for classroom use, priority
  350  shall be given to the selection of materials that encompass the
  351  performance standards provided for in s. 1001.03(1) and that
  352  include the instructional objectives contained in the course
  353  description approved by rule of the State Board of Education.
  354         3. The degree to which the material would be supplemented
  355  and explained by mature classroom instruction as part of a
  356  normal classroom instructional program.
  357         4. The consideration of the broad racial, ethnic,
  358  socioeconomic, and cultural diversity of the students of this
  359  state.
  360         (3) REPORT OF REVIEWERS.—After a thorough study of all data
  361  submitted on each instructional material, to submit an
  362  electronic report to the district school board department. The
  363  report shall be made public and must include responses to each
  364  section of the report format prescribed by the district school
  365  board department.
  366         Section 6. Section 1006.32, Florida Statutes, is amended to
  367  read:
  368         1006.32 Prohibited acts.—
  369         (1) A publisher or manufacturer of instructional material,
  370  or any representative thereof, may not offer to give any
  371  emolument, money, or other valuable thing, or any inducement, to
  372  a any district school board official or an state instructional
  373  materials reviewer to directly or indirectly introduce,
  374  recommend, vote for, or otherwise influence the adoption or
  375  purchase of any instructional materials.
  376         (2) A district school board official or an a state
  377  instructional materials reviewer may not solicit or accept any
  378  emolument, money, or other valuable thing, or any inducement, to
  379  directly or indirectly introduce, recommend, vote for, or
  380  otherwise influence the adoption or purchase of any
  381  instructional material.
  382         (3) A district school board or publisher may not
  383  participate in a pilot program of materials being considered for
  384  adoption during the 18-month period before the official adoption
  385  of the materials by the commissioner. Any pilot program during
  386  the first 2 years of the adoption period must have the prior
  387  approval of the commissioner.
  388         (4) Any publisher or manufacturer of instructional
  389  materials or representative thereof or any district school board
  390  official or state instructional materials reviewer who violates
  391  any provision of this section commits a misdemeanor of the
  392  second degree, punishable as provided in s. 775.082 or s.
  393  775.083. A Any representative of a publisher or manufacturer who
  394  violates any provision of this section, in addition to any other
  395  penalty, shall be banned from practicing business in the state
  396  for a period of 1 calendar year.
  397         (5) This section does not prohibit any publisher,
  398  manufacturer, or agent from supplying, for purposes of
  399  examination, necessary sample copies of instructional materials
  400  to any district school board official or state instructional
  401  materials reviewer.
  402         (6) This section does not prohibit a district school board
  403  official or state instructional materials reviewer from
  404  receiving sample copies of instructional materials.
  405         (7) This section does not prohibit or restrict a district
  406  school board official from receiving royalties or other
  407  compensation, other than compensation paid to him or her as
  408  commission for negotiating sales to district school boards, from
  409  the publisher or manufacturer of instructional materials
  410  written, designed, or prepared by such district school board
  411  official, and adopted by the commissioner or purchased by any
  412  district school board. A No district school board official may
  413  not shall be allowed to receive royalties on any materials not
  414  on the district-adopted state-adopted list purchased for use by
  415  his or her district school board.
  416         (8) A district school superintendent, district school board
  417  member, teacher, or other person officially connected with the
  418  government or direction of public schools may not receive during
  419  the months actually engaged in performing duties under his or
  420  her contract any private fee, gratuity, donation, or
  421  compensation, in any manner whatsoever, for promoting the sale
  422  or exchange of any instructional material, map, or chart in any
  423  public school, or be an agent for the sale of, or the publisher
  424  of, any instructional material or reference work, or have a
  425  direct or indirect pecuniary interest in the introduction of any
  426  such instructional material, and any such agency or interest
  427  shall disqualify any person so acting or interested from holding
  428  any district school board employment whatsoever, and the person
  429  commits a misdemeanor of the second degree, punishable as
  430  provided in s. 775.082 or s. 775.083; however, this subsection
  431  does not prevent the adoption of any instructional material
  432  written in whole or in part by a Florida author.
  433         Section 7. Section 1006.33, Florida Statutes, is repealed.
  434         Section 8. Section 1006.34, Florida Statutes, is repealed.
  435         Section 9. Section 1006.35, Florida Statutes, is amended to
  436  read:
  437         1006.35 Accuracy of instructional materials.—
  438         (1) In addition to relying on statements of publishers or
  439  manufacturers of instructional materials, the district school
  440  board commissioner may conduct or cause to be conducted an
  441  independent investigation to determine the accuracy of district
  442  adopted state-adopted instructional materials.
  443         (2) When errors in district-adopted state-adopted materials
  444  are confirmed, the publisher of the materials shall provide to
  445  each district school board that has purchased the materials the
  446  corrections in a format approved by the investigating district
  447  school board department.
  448         (3) The district school board commissioner may remove
  449  materials from the list of district-adopted state-adopted
  450  materials if it he or she finds that the content is in error and
  451  the publisher refuses to correct the error when notified by the
  452  district school board department.
  453         (4) The district school board commissioner may remove
  454  materials from the list of district-adopted state-adopted
  455  materials at the request of the publisher if, in the district
  456  school board’s his or her opinion, there is no material impact
  457  on the district’s and the state’s education goals.
  458         Section 10. Section 1006.36, Florida Statutes, is repealed.
  459         Section 11. Section 1006.37, Florida Statutes, is amended
  460  to read:
  461         1006.37 Requisition of instructional materials from
  462  publisher’s depository.—
  463         (1) The district school superintendent may shall
  464  requisition adopted instructional materials from the depository
  465  of the publisher with whom a contract has been made or any other
  466  vendor selling the adopted instructional materials. However, the
  467  superintendent shall requisition current instructional materials
  468  to provide each student with a textbook or other materials as a
  469  major tool of instruction in core courses of the subject areas
  470  specified in s. 1006.40(2). These materials must be
  471  requisitioned within the first 3 years of the adoption cycle,
  472  except for instructional materials related to growth of student
  473  membership or instructional materials maintenance needs. The
  474  superintendent may requisition instructional materials in the
  475  core subject areas specified in s. 1006.40(2) that are related
  476  to growth of student membership or instructional materials
  477  maintenance needs during the 3rd, 4th, 5th, and 6th years of the
  478  original contract period.
  479         (2) The district school superintendent shall verify that
  480  the requisition is complete and accurate and order the
  481  depository or vendor selling the adopted instructional materials
  482  to forward to him or her the adopted instructional materials
  483  shown by the requisition. The depository or vendor shall prepare
  484  an invoice of the materials shipped, including shipping charges,
  485  and mail it to the superintendent to whom the shipment is being
  486  made. The superintendent shall pay the depository or vendor
  487  within 60 days after receipt of the requisitioned materials from
  488  the appropriation for the purchase of adopted instructional
  489  materials.
  490         (3) A district school board or a consortium of school
  491  districts may which implements an instructional materials
  492  program pursuant to s. 1006.283 is not required to requisition
  493  instructional materials from the publisher’s depository or any
  494  other vendor selling the adopted instructional materials.
  495         Section 12. Section 1006.38, Florida Statutes, is amended
  496  to read:
  497         1006.38 Duties, responsibilities, and requirements of
  498  instructional materials publishers and manufacturers.—This
  499  section applies to both the state and district approval
  500  processes. Publishers and manufacturers of instructional
  501  materials, or their representatives, shall:
  502         (1) Comply with all provisions of this part.
  503         (2) Electronically deliver fully developed sample copies of
  504  all instructional materials upon which bids are based to the
  505  district department pursuant to procedures adopted by the
  506  district school board State Board of Education.
  507         (3) Submit, at a time designated by the district school
  508  board in s. 1006.33, the following information:
  509         (a) Detailed specifications of the physical characteristics
  510  of the instructional materials, including any software or
  511  technological tools required for use by the district, school,
  512  teachers, or students. The publisher or manufacturer shall
  513  comply with these specifications if the instructional materials
  514  are adopted and purchased in completed form.
  515         (b) Evidence that the publisher or manufacturer has
  516  provided materials that address the performance standards
  517  provided for in s. 1001.03(1) and that can be accessed through
  518  the district’s local instructional improvement system and a
  519  variety of electronic, digital, and mobile devices.
  520         (c) Evidence that the instructional materials include
  521  specific references to statewide standards in the teacher’s
  522  manual and incorporate such standards into chapter tests or the
  523  assessments.
  524         (4) Make available for purchase by any district school
  525  board any diagnostic, criterion-referenced, or other tests that
  526  they may develop.
  527         (5) Furnish the instructional materials offered by them at
  528  a price in the state which, including all costs of electronic
  529  transmission, may not exceed the lowest price at which they
  530  offer such instructional materials for adoption or sale to any
  531  state or school district in the United States.
  532         (6) Reduce automatically the price of the instructional
  533  materials to any district school board to the extent that
  534  reductions are made elsewhere in the United States.
  535         (7) Provide any instructional materials free of charge in
  536  the state to the same extent as they are provided free of charge
  537  to any state or school district in the United States.
  538         (8) Guarantee that all copies of any instructional
  539  materials sold in this state will be at least equal in quality
  540  to the copies of such instructional materials that are sold
  541  elsewhere in the United States and will be kept revised, free
  542  from all errors, and up-to-date as may be required by the
  543  department for existing contracts, or otherwise, as required by
  544  the district school board.
  545         (9) Agree that any supplementary material developed at the
  546  district or state level does not violate the author’s or
  547  publisher’s copyright, provided such material is developed in
  548  accordance with the doctrine of fair use.
  549         (10) Not in any way, directly or indirectly, become
  550  associated or connected with any combination in restraint of
  551  trade in instructional materials, nor enter into any
  552  understanding, agreement, or combination to control prices or
  553  restrict competition in the sale of instructional materials for
  554  use in the state.
  555         (11) Maintain or contract with a depository in the state.
  556         (12) For the core subject areas specified in s. 1006.40(2),
  557  maintain in the depository for the first 3 years of the contract
  558  an inventory of instructional materials sufficient to receive
  559  and fill orders.
  560         (13) For the core subject areas specified in s. 1006.40(2),
  561  ensure the availability of an inventory sufficient to receive
  562  and fill orders for instructional materials for growth,
  563  including the opening of a new school, and replacement during
  564  the 3rd and subsequent years of the original contract period.
  565         (13)(14) Accurately and fully disclose only the names of
  566  those persons who actually authored the instructional materials.
  567  In addition to the penalties provided in subsection (15) (16),
  568  the district school board commissioner may remove from the list
  569  of district-adopted state-adopted instructional materials those
  570  instructional materials whose publisher or manufacturer misleads
  571  the purchaser by falsely representing genuine authorship.
  572         (14)(15) Grant, without prior written request, for any
  573  copyright held by the publisher or its agencies automatic
  574  permission to the district school board department or its
  575  agencies for the reproduction of instructional materials and
  576  supplementary materials in Braille, large print, or other
  577  appropriate format for use by visually impaired students or
  578  other students with disabilities who that would benefit from use
  579  of the materials.
  580         (15)(16) Upon the willful failure of the publisher or
  581  manufacturer to comply with the requirements of this section, be
  582  liable to the district school board department in the amount of
  583  three times the total sum which the publisher or manufacturer
  584  was paid in excess of the price required under subsections (5)
  585  and (6) and in the amount of three times the total value of the
  586  instructional materials and services which the district school
  587  board is entitled to receive free of charge under subsection
  588  (7).
  589         Section 13. Subsections (2) and (3) of section 1006.40,
  590  Florida Statutes, are amended to read:
  591         1006.40 Use of instructional materials allocation;
  592  instructional materials, library books, and reference books;
  593  repair of books.—
  594         (2) Each district school board must purchase current
  595  instructional materials to provide each student in kindergarten
  596  through grade 12 with a major tool of instruction in core
  597  courses of the subject areas of mathematics, language arts,
  598  science, social studies, reading, and literature for
  599  kindergarten through grade 12. Such purchase must be made within
  600  the first 3 years after the effective date of the adoption
  601  cycle. For the 2012-2013 mathematics adoption, a district using
  602  a comprehensive mathematics instructional materials program
  603  adopted in the 2009-2010 adoption shall be deemed in compliance
  604  with this subsection if it provides each student with such
  605  additional state-adopted materials as may be necessary to align
  606  the previously adopted comprehensive program to common core
  607  standards and the other criteria of the 2012-2013 mathematics
  608  adoption.
  609         (3)(a)Beginning in the 2014-2015 By the 2015-2016 fiscal
  610  year, each district school board shall use at least 50 percent
  611  of the annual allocation, and may use all of the allocation, for
  612  the purchase of digital or electronic instructional materials
  613  that are consistent with district goals and objectives and the
  614  course descriptions adopted in rule by the State Board of
  615  Education, that align with the performance standards provided
  616  for in s. 1001.03(1), that meet the requirements in s. 1006.31,
  617  and that are on the district-adopted list align with state
  618  standards included on the state-adopted list, except as
  619  otherwise authorized in paragraphs (b) and (c). This section
  620  does not apply to a district school board or a consortium of
  621  school districts which implements an instructional materials
  622  program pursuant to s. 1006.283, except that by the 2015-2016
  623  fiscal year, each district school board shall use at least 50
  624  percent of the annual allocation for the purchase of digital or
  625  electronic instructional materials that align with state
  626  standards.
  627         (b) Up to 50 percent of the annual allocation may be used
  628  for the purchase of instructional materials, including library
  629  and reference books and nonprint materials, not included on the
  630  state-adopted list and for the repair and renovation of
  631  textbooks and library books.
  632         (c) District school boards may use 100 percent of that
  633  portion of the annual allocation designated for the purchase of
  634  instructional materials for kindergarten, and 75 percent of that
  635  portion of the annual allocation designated for the purchase of
  636  instructional materials for first grade, to purchase materials
  637  not on the state-adopted list.
  638         Section 14. Subsection (1) of section 1006.41, Florida
  639  Statutes, is amended to read:
  640         1006.41 Disposal of instructional materials.—
  641         (1) Instructional materials that have become unserviceable
  642  or surplus or are no longer on the district state contract may
  643  be disposed of, under adopted rule of the district school board,
  644  by:
  645         (a) Giving or lending the materials to other public
  646  education programs within the district or state, to the teachers
  647  to use in developing supplementary teaching materials, to
  648  students or others, or to any charitable organization,
  649  governmental agency, home education students, private school, or
  650  state.
  651         (b) Selling the materials to used book dealers, recycling
  652  plants, pulp mills, or other persons, firms, or corporations
  653  upon such terms as are most economically advantageous to the
  654  district school board.
  655         Section 15. Paragraph (j) of subsection (2) of section
  656  1003.621, Florida Statutes, is amended to read:
  657         1003.621 Academically high-performing school districts.—It
  658  is the intent of the Legislature to recognize and reward school
  659  districts that demonstrate the ability to consistently maintain
  660  or improve their high-performing status. The purpose of this
  661  section is to provide high-performing school districts with
  662  flexibility in meeting the specific requirements in statute and
  663  rules of the State Board of Education.
  664         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  665  high-performing school district shall comply with all of the
  666  provisions in chapters 1000-1013, and rules of the State Board
  667  of Education which implement these provisions, pertaining to the
  668  following:
  669         (j) Those statutes relating to instructional materials,
  670  except that s. 1006.37, relating to the requisition of state
  671  adopted materials from the depository under contract with the
  672  publisher, and s. 1006.40(3)(a), relating to the use of 50
  673  percent of the instructional materials allocation, shall be
  674  eligible for exemption.
  675         Section 16. Section 1006.282, Florida Statutes, is amended
  676  to read:
  677         1006.282 Pilot program for the transition to electronic and
  678  digital instructional materials.—
  679         (1) A district school board may designate pilot program
  680  schools to implement the transition to instructional materials
  681  that are in an electronic or a digital format as defined in s.
  682  1006.283 s. 1006.29(3).
  683         (2) A district school board may designate pilot program
  684  schools if the school district:
  685         (a) Implements a local instructional improvement system
  686  pursuant to s. 1006.281 which enables district staff to plan,
  687  create, and manage professional development and to connect
  688  professional development with staff information and student
  689  performance, provides the ability to seamlessly connect the
  690  system to electronic and digital instructional materials and the
  691  instructional materials to student assessment data, and includes
  692  the minimum standards published by the Department of Education.
  693         (b) Requests only the electronic or digital format of the
  694  sample copies of instructional materials submitted pursuant to
  695  s. 1006.283 s. 1006.33.
  696         (c) Uses at least 50 percent of the pilot program school’s
  697  annual allocation from the district for the purchase of
  698  electronic or digital instructional materials included on the
  699  district-adopted state-adopted list.
  700         (3) A school designated as a pilot program school by the
  701  school board is exempt from:
  702         (a) Section 1006.40(2), if the school provides
  703  comprehensive electronic or digital instructional materials to
  704  all students; and
  705         (b) Section 1006.37.
  706         (4) By August 1 of each year, beginning in 2011, the school
  707  board must report to the Department of Education the school or
  708  schools in its district which have been designated as pilot
  709  program schools. The department shall publish the list of pilot
  710  program schools on the department’s Internet website. The report
  711  must include:
  712         (a) The name of the pilot program school, the contact
  713  person and contact person information, and the grade or grades
  714  and associated course or courses included in the pilot program
  715  school.
  716         (b) A description of the type of technological tool or
  717  tools that will be used to access the electronic or digital
  718  instructional materials included in the pilot program school,
  719  whether district-owned or student-owned.
  720         (c) The projected costs and funding sources, which must
  721  include cost savings or cost avoidances, associated with the
  722  pilot program.
  723         (5) By September 1 of each year, beginning in 2012, each
  724  school board that has a designated pilot program school shall
  725  provide to the Department of Education, the Executive Office of
  726  the Governor, and the chairs of the appropriations committees of
  727  the Senate and the House of Representatives a review of the
  728  pilot program schools which must include, but need not be
  729  limited to:
  730         (a) Successful practices;
  731         (b) The average amount of online Internet time needed by a
  732  student to access and use the school’s electronic or digital
  733  instructional materials;
  734         (c) Lessons learned;
  735         (d) The level of investment and cost-effectiveness; and
  736         (e) Impacts on student performance.
  737         Section 17. Section 1010.82, Florida Statutes, is amended
  738  to read:
  739         1010.82 Textbook Bid Trust Fund.—Chapter 99-36, Laws of
  740  Florida, re-created the Textbook Bid Trust Fund to record the
  741  revenue and disbursements of textbook bid performance deposits
  742  submitted to the Department of Education as required in s.
  743  1006.33.
  744         Section 18. This act shall take effect July 1, 2014.