Fla. Stat. § 1006.33 — Florida Code / Title XLVIII / Chapter 1006 / Part I / Section 1006.33
1006.33 Bids or proposals; advertisement and its contents.
Status: in_force

(1)(a)1. Beginning with the 2026-2027 instructional materials adoption cycle and thereafter, the department shall publish an instructional materials adoption timeline which must include, but is not limited to, publishing bid specifications, advertising in the Florida Administrative Register, and deadlines for the submission of bids. The adoption cycle must include at least 6 months between the release of the bid specifications and the deadline for the submission of bids, and publication of an initial list of state-adopted instructional materials no later than July 31 in the year preceding the adoption. 2. For the 2025-2026 instructional materials adoption cycle, the department shall publish an instructional materials adoption timeline which must include, but is not limited to, publishing bid specifications, advertising in the Florida Administrative Register, and deadlines for the submission of bids. The adoption cycle must include at least 6 months between the release of the bid specifications and the deadline for the submission of bids. The adoption cycle must specify that the Commissioner of Education shall publish an initial list of state-adopted instructional materials no later than December 1, 2025. This subparagraph shall expire July 1, 2026. (b) The advertisement shall state that, beginning in 2010-2011, each bidder shall furnish electronic sample copies of all instructional materials submitted, at a time designated by the department, which copies shall be identical with the copies approved and accepted by state instructional materials reviewers, as prescribed in this section, and with the copies furnished to the department and district school superintendents, as provided in this part. A school district may not request samples in addition to the electronic sample copies. (c) The advertisement shall state that a contract covering the adoption of the instructional materials shall be for a definite term. (d) The advertisement shall fix the time within which the required contract must be executed and shall state that the department reserves the right to reject any or all bids. (e) The advertisement shall give information regarding digital specifications that have been adopted by the department, including minimum format requirements that will enable electronic and digital content to be accessed through the district’s local instructional improvement system and a variety of mobile, electronic, and digital devices. Beginning with specifications released in 2014, the digital specifications shall include requiring the capability for searching by state standards and site and student-level licensing. Such digital format specifications shall be appropriate for the interoperability of the content. The department may not adopt specifications that require the instructional materials to include specific references to FCAT and state academic standards and benchmarks at the point of student use.

(2) The bids submitted shall be for furnishing the designated materials in accordance with specifications of the department. The bid shall state the lowest wholesale price at which the materials will be furnished, at the time the adoption period provided in the contract begins.

(3) The department shall require each publisher or manufacturer of instructional materials who submits a bid under this part to deposit with the department such sum of money or certified check as may be determined by the department, the amount to be not less than $500 and not more than $2,500, according to the number of instructional materials covered by the bid, which deposit shall be forfeited to the state and placed in the General Revenue Fund if the bidder making the deposit fails or refuses to execute the contract and bond within 30 days after receipt of the contract in case his or her bid or proposal is accepted. The commissioner shall, upon determining that the deposit is correct and proper, transmit the deposit to the Chief Financial Officer, who shall deposit the funds for credit to the Textbook Bid Trust Fund and issue his or her official receipt.

(4) Sample copies of all instructional materials that have been made the bases of contracts under this part shall, upon request for the purpose of public inspection, be made available by the publisher to the department and the district school superintendent of each district school board that adopts the instructional materials from the state list upon request for the purpose of public inspection.

History: s. 308, ch. 2002-387; s. 1951, ch. 2003-261; s. 20, ch. 2010-154; s. 25, ch. 2011-55; s. 60, ch. 2013-14; s. 5, ch. 2020-94; s. 11, ch. 2023-9; s. 14, ch. 2023-13; s. 20, ch. 2024-160.