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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 233
Courses Of Study And Instructional Aids
View Entire Chapter
Section 233.115, Florida Statutes 2001

233.115  Prohibited acts.--

(1)  No publisher or manufacturer of instructional material, or any of his or her representatives, shall offer to give any emolument, money, or other valuable thing, or any inducement, to any school official or member of a state-level committee to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional materials.

(2)  No school official or member of a state instructional materials committee shall accept any emolument, money, or other valuable thing, or any inducement, to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material.

(3)  No school district or publisher may participate in a pilot program of materials being considered for adoption during the 18 months prior to the official adoption of the materials by the Commissioner of Education. Any pilot program during the first 2 years of the adoption period must have the prior approval of the Commissioner of Education.

(4)  Any publisher or manufacturer of instructional materials or his or her representative or any school official or state instructional materials committee member, who violates any of the provisions of this section is guilty of a misdemeanor of the second degree. Any representative of a publisher or manufacturer who violates any of the provisions of this section, in addition to any other penalty, shall be banned from practicing business in the state for a period of 1 calendar year. Any school official or state instructional materials committee member who violates any of the provisions of this section, in addition to any other penalty, shall be removed from his or her official position.

(5)  Nothing in this section shall be construed to prevent any publisher, manufacturer, or agent from supplying, for purposes of examination, necessary sample copies of instructional materials to any school official or committee member.

(6)  Nothing in this section shall be construed to prevent a school official or committee member from receiving sample copies of instructional materials.

(7)  Nothing contained in this section shall be construed to prohibit or restrict a school official from receiving royalties or other compensation, other than compensation paid as commission to the school official for negotiating sales to district boards, from the publisher or manufacturer of instructional materials written, designed, or prepared by such school official, and adopted by the commissioner or purchased by any district board. No school official shall be allowed to receive royalties on any materials not on the state-adopted list purchased for use by his or her district school board.

History.--s. 6, ch. 74-337; s. 1, ch. 77-174; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 6, ch. 84-94; ss. 9, 15, 16, ch. 91-182; s. 5, ch. 91-429; s. 1290, ch. 95-147; s. 128, ch. 97-190; s. 6, ch. 2000-291.

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