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The Florida Statutes

The 2010 Florida Statutes(including Special Session A)

Title XLVIII
K-20 EDUCATION CODE
Chapter 1006
SUPPORT FOR LEARNING
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F.S. 1006.32
1006.32 Prohibited acts.
(1) No publisher or manufacturer of instructional material, or any representative thereof, shall offer to give any emolument, money, or other valuable thing, or any inducement, to any district school board official or member of a state-level instructional materials committee to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional materials.
(2) No district school board official or member of a state instructional materials committee shall solicit or 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 district school board or publisher may participate in a pilot program of materials being considered for adoption during the 18-month period before the official adoption of the materials by the commissioner. Any pilot program during the first 2 years of the adoption period must have the prior approval of the commissioner.
(4) Any publisher or manufacturer of instructional materials or representative thereof or any district school board official or state instructional materials committee member, who violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any representative of a publisher or manufacturer who violates any provision 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 district school board official or state instructional materials committee member who violates any provision 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 district school board official or instructional materials committee member.
(6) Nothing in this section shall be construed to prevent a district school board official or instructional materials committee member from receiving sample copies of instructional materials.
(7) Nothing contained in this section shall be construed to prohibit or restrict a district school board official from receiving royalties or other compensation, other than compensation paid to him or her as commission for negotiating sales to district school boards, from the publisher or manufacturer of instructional materials written, designed, or prepared by such district school board official, and adopted by the commissioner or purchased by any district school board. No district school board 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.
(8) No district school superintendent, district school board member, teacher, or other person officially connected with the government or direction of public schools shall receive during the months actually engaged in performing duties under his or her contract any private fee, gratuity, donation, or compensation, in any manner whatsoever, for promoting the sale or exchange of any school book, map, or chart in any public school, or be an agent for the sale or the publisher of any school textbook or reference work, or be directly or indirectly pecuniarily interested in the introduction of any such textbook, and any such agency or interest shall disqualify any person so acting or interested from holding any district school board employment whatsoever, and the person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided that this subsection shall not be construed as preventing the adoption of any book written in whole or in part by a Florida author.
History.s. 307, ch. 2002-387.

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