January 21, 2021
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_h1203__
HB 1203

1
A bill to be entitled
2An act relating to early learning; amending s. 39.0121,
3F.S.; deleting an obsolete reference to the repealed
4subsidized child care program; amending s. 39.202, F.S.;
5replacing an obsolete reference to a repealed program with
6an updated reference to the school readiness program;
7authorizing county agencies responsible for licensure or
8approval of child care providers to be granted access to
9certain confidential reports and records in cases of child
10abuse or neglect; amending s. 39.5085, F.S.; deleting an
11obsolete reference to a repealed program; amending s.
12383.14, F.S.; replacing obsolete references to the former
13State Coordinating Council for School Readiness Programs
14with updated references to the Agency for Workforce
15Innovation; transferring, renumbering, and amending s.
16402.25, F.S.; updating an obsolete reference to a repealed
17program; deleting obsolete references relating to the
18repealed prekindergarten early intervention program and
19Florida First Start Program; amending s. 402.26, F.S.;
20revising legislative intent; updating an obsolete
21reference to a repealed program; amending s. 402.281,
22F.S.; updating an obsolete reference to a former council;
23requiring that the Department of Children and Family
24Services consult with the Agency for Workforce Innovation
25regarding the approval of accrediting associations for the
26Gold Seal Quality Care program; transferring and
27renumbering s. 402.3016, F.S., relating to Early Head
28Start collaboration grants; transferring, renumbering, and
29amending s. 402.3018, F.S.; transferring administration of
30the statewide toll-free Warm-Line from the department to
31the agency; conforming provisions; transferring,
32renumbering, and amending s. 402.3051, F.S.; revising
33procedures for child care market rate reimbursement and
34child care grants; transferring authority to establish the
35procedures from the department to the agency; directing
36the agency to adopt a prevailing market rate schedule for
37child care services; revising definitions; prohibiting the
38schedule from interfering with parental choice;
39authorizing the agency to enter into contracts and adopt
40rules; amending s. 402.313, F.S.; deleting obsolete
41provisions authorizing the department to license family
42day care homes participating in a repealed program;
43repealing ss. 402.3135 and 402.3145, F.S., relating to the
44subsidized child care program case management program and
45the subsidized child care transportation program; amending
46s. 402.315, F.S.; revising provisions relating to fees
47collected for child care facilities; amending s. 402.45,
48F.S.; updating an obsolete reference relating to a former
49council; directing the Department of Health to consult
50with the agency regarding certain training provided for
51contractors of the community resource mother or father
52program; amending s. 409.1671, F.S.; clarifying that a
53licensed foster home may be dually licensed as a child
54care facility and receive certain payments for the same
55child; deleting an obsolete reference to a repealed
56program; amending s. 411.01, F.S.; revising provisions
57relating to the School Readiness Act; revising legislative
58intent; revising the duties and responsibilities of the
59Agency for Workforce Innovation; deleting obsolete
60provisions relating to procedures for merging early
61learning coalitions; revising requirements for parental
62choice; directing the agency to establish a formula for
63allocating school readiness funds to each county;
64providing for legislative notice and review of the
65formula; amending s. 411.0101, F.S.; revising requirements
66for services provided by the statewide child care resource
67and referral network; updating obsolete references to
68repealed programs; amending s. 411.0102, F.S.; revising
69provisions relating to the Child Care Executive
70Partnership Act; updating obsolete references to repealed
71programs; deleting provisions relating to the duties of
72each early coalition board; amending s. 411.203, F.S.;
73deleting an obsolete reference to a repealed program;
74conforming provisions; amending s. 411.221, F.S.; updating
75an obsolete reference to a former council; amending ss.
76445.024, 445.030, 490.014, and 491.014, F.S.; deleting
77obsolete references to repealed programs; conforming
78provisions to the repeal of the subsidized child care case
79management program; amending ss. 1002.53, 1002.55,
801002.67, and 1002.71, F.S.; revising provisions relating
81to the eligibility requirements for private
82prekindergarten providers; conforming provisions to
83changes made by the act; amending s. 1009.64, F.S.;
84deleting an obsolete reference to a repealed program;
85providing an effective date.
86
87Be It Enacted by the Legislature of the State of Florida:
88
89     Section 1.  Subsection (7) of section 39.0121, Florida
90Statutes, is amended to read:
91     39.0121  Specific rulemaking authority.-Pursuant to the
92requirements of s. 120.536, the department is specifically
93authorized to adopt, amend, and repeal administrative rules
94which implement or interpret law or policy, or describe the
95procedure and practice requirements necessary to implement this
96chapter, including, but not limited to, the following:
97     (7)  Federal funding requirements and procedures; foster
98care and adoption subsidies; and subsidized independent living;
99and subsidized child care.
100     Section 2.  Paragraph (a) of subsection (2) of section
10139.202, Florida Statutes, is amended to read:
102     39.202  Confidentiality of reports and records in cases of
103child abuse or neglect.-
104     (2)  Except as provided in subsection (4), access to such
105records, excluding the name of the reporter which shall be
106released only as provided in subsection (5), shall be granted
107only to the following persons, officials, and agencies:
108     (a)  Employees, authorized agents, or contract providers of
109the department, the Department of Health, the Agency for Persons
110with Disabilities, or county agencies responsible for carrying
111out:
112     1.  Child or adult protective investigations;
113     2.  Ongoing child or adult protective services;
114     3.  Early intervention and prevention services;
115     4.  Healthy Start services;
116     5.  Licensure or approval of adoptive homes, foster homes,
117child care facilities, facilities licensed under chapter 393, or
118family day care homes or informal child care providers who
119receive school readiness subsidized child care funding, or other
120homes used to provide for the care and welfare of children; or
121     6.  Services for victims of domestic violence when provided
122by certified domestic violence centers working at the
123department's request as case consultants or with shared clients.
124
125Also, employees or agents of the Department of Juvenile Justice
126responsible for the provision of services to children, pursuant
127to chapters 984 and 985.
128     Section 3.  Paragraph (f) of subsection (2) of section
12939.5085, Florida Statutes, is amended to read:
130     39.5085  Relative Caregiver Program.-
131     (2)
132     (f)  Within available funding, the Relative Caregiver
133Program shall provide relative caregivers with family support
134and preservation services, flexible funds in accordance with s.
135409.165, subsidized child care, and other available services in
136order to support the child's safety, growth, and healthy
137development. Children living with relative caregivers who are
138receiving assistance under this section shall be eligible for
139Medicaid coverage.
140     Section 4.  Paragraph (b) of subsection (1) and subsection
141(2) of section 383.14, Florida Statutes, are amended to read:
142     383.14  Screening for metabolic disorders, other hereditary
143and congenital disorders, and environmental risk factors.-
144     (1)  SCREENING REQUIREMENTS.-To help ensure access to the
145maternal and child health care system, the Department of Health
146shall promote the screening of all newborns born in Florida for
147metabolic, hereditary, and congenital disorders known to result
148in significant impairment of health or intellect, as screening
149programs accepted by current medical practice become available
150and practical in the judgment of the department. The department
151shall also promote the identification and screening of all
152newborns in this state and their families for environmental risk
153factors such as low income, poor education, maternal and family
154stress, emotional instability, substance abuse, and other high-
155risk conditions associated with increased risk of infant
156mortality and morbidity to provide early intervention,
157remediation, and prevention services, including, but not limited
158to, parent support and training programs, home visitation, and
159case management. Identification, perinatal screening, and
160intervention efforts shall begin prior to and immediately
161following the birth of the child by the attending health care
162provider. Such efforts shall be conducted in hospitals,
163perinatal centers, county health departments, school health
164programs that provide prenatal care, and birthing centers, and
165reported to the Office of Vital Statistics.
166     (b)  Postnatal screening.-A risk factor analysis using the
167department's designated risk assessment instrument shall also be
168conducted as part of the medical screening process upon the
169birth of a child and submitted to the department's Office of
170Vital Statistics for recording and other purposes provided for
171in this chapter. The department's screening process for risk
172assessment shall include a scoring mechanism and procedures that
173establish thresholds for notification, further assessment,
174referral, and eligibility for services by professionals or
175paraprofessionals consistent with the level of risk. Procedures
176for developing and using the screening instrument, notification,
177referral, and care coordination services, reporting
178requirements, management information, and maintenance of a
179computer-driven registry in the Office of Vital Statistics which
180ensures privacy safeguards must be consistent with the
181provisions and plans established under chapter 411, Pub. L. No.
18299-457, and this chapter. Procedures established for reporting
183information and maintaining a confidential registry must include
184a mechanism for a centralized information depository at the
185state and county levels. The department shall coordinate with
186existing risk assessment systems and information registries. The
187department must ensure, to the maximum extent possible, that the
188screening information registry is integrated with the
189department's automated data systems, including the Florida On-
190line Recipient Integrated Data Access (FLORIDA) system. Tests
191and screenings must be performed by the State Public Health
192Laboratory, in coordination with Children's Medical Services, at
193such times and in such manner as is prescribed by the department
194after consultation with the Genetics and Infant Screening
195Advisory Council and the Agency for Workforce Innovation State
196Coordinating Council for School Readiness Programs.
197     (2)  RULES.-After consultation with the Genetics and
198Newborn Screening Advisory Council, the department shall adopt
199and enforce rules requiring that every newborn in this state
200shall, prior to becoming 1 week of age, be subjected to a test
201for phenylketonuria and, at the appropriate age, be tested for
202such other metabolic diseases and hereditary or congenital
203disorders as the department may deem necessary from time to
204time. After consultation with the Agency for Workforce
205Innovation State Coordinating Council for School Readiness
206Programs, the department shall also adopt and enforce rules
207requiring every newborn in this state to be screened for
208environmental risk factors that place children and their
209families at risk for increased morbidity, mortality, and other
210negative outcomes. The department shall adopt such additional
211rules as are found necessary for the administration of this
212section and s. 383.145, including rules providing definitions of
213terms, rules relating to the methods used and time or times for
214testing as accepted medical practice indicates, rules relating
215to charging and collecting fees for the administration of the
216newborn screening program authorized by this section, rules for
217processing requests and releasing test and screening results,
218and rules requiring mandatory reporting of the results of tests
219and screenings for these conditions to the department.
220     Section 5.  Section 402.25, Florida Statutes, is
221transferred, renumbered as section 411.0106, Florida Statutes,
222and amended to read:
223     411.0106 402.25  Infants and toddlers in state-funded
224education and care programs; brain development activities.-Each
225state-funded education and care program for children from birth
226to 5 years of age must provide activities to foster brain
227development in infants and toddlers. A program must provide an
228environment that helps children attain the performance standards
229adopted by the Agency for Workforce Innovation under s.
230411.01(4)(d)8. and must be rich in language and music and filled
231with objects of various colors, shapes, textures, and sizes to
232stimulate visual, tactile, auditory, and linguistic senses in
233the children and must include classical music and at least 30
234minutes of reading to the children each day. A program may be
235offered through an existing early childhood program such as
236Healthy Start, the Title I program, the school readiness program
237contracted or directly operated subsidized child care, the
238prekindergarten early intervention program, Florida First Start,
239the Head Start program, or a private child care program. A
240program must provide training for the infants' and toddlers'
241parents including direct dialogue and interaction between
242teachers and parents demonstrating the urgency of brain
243development in the first year of a child's life. Family day care
244centers are encouraged, but not required, to comply with this
245section.
246     Section 6.  Subsection (5) of section 402.26, Florida
247Statutes, is amended to read:
248     402.26  Child care; legislative intent.-
249     (5)  It is the further intent of the Legislature to provide
250and make accessible child care opportunities for children at
251risk, economically disadvantaged children, and other children
252traditionally disenfranchised from society. In achieving this
253intent, the Legislature shall develop early learning programs a
254subsidized child care system, a range of child care options,
255support services, and linkages with other programs to fully meet
256the child care needs of this population.
257     Section 7.  Subsection (2) of section 402.281, Florida
258Statutes, is amended to read:
259     402.281  Gold Seal Quality Care program.-
260     (2)  In developing the Gold Seal Quality Care program
261standards, the department shall consult with the Department of
262Education, the Agency for Workforce Innovation, the Florida Head
263Start Directors Association, the Florida Association of Child
264Care Management, the Florida Family Day Care Association, the
265Florida Children's Forum, the State Coordinating Council for
266School Readiness Programs, the Early Childhood Association of
267Florida, the National Association for Child Development
268Education, providers receiving exemptions under s. 402.316, and
269parents, for the purpose of approving the accrediting
270associations.
271     Section 8.  Section 402.3016, Florida Statutes, is
272transferred and renumbered as section 411.0104, Florida
273Statutes.
274     Section 9.  Section 402.3018, Florida Statutes, is
275transferred, renumbered as section 411.01015, Florida Statutes,
276and amended to read:
277     411.01015 402.3018  Consultation to child care centers and
278family day care homes regarding health, developmental,
279disability, and special needs issues.-
280     (1)  Contingent upon specific appropriations, the Agency
281for Workforce Innovation shall administer department is directed
282to contract with the statewide resource information and referral
283agency for a statewide toll-free Warm-Line for the purpose of
284providing assistance and consultation to child care centers and
285family day care homes regarding health, developmental,
286disability, and special needs issues of the children they are
287serving, particularly children with disabilities and other
288special needs.
289     (2)  The purpose of the Warm-Line is to provide advice to
290child care personnel concerning strategies, curriculum, and
291environmental adaptations that allow a child with a disability
292or special need to derive maximum benefit from the child care
293services experience.
294     (3)  The Agency for Workforce Innovation department shall
295annually inform child care centers and family day care homes of
296the availability of this service through the child care resource
297and referral network under s. 411.0101, on an annual basis.
298     (4)  Contingent upon specific appropriations, the Agency
299for Workforce Innovation department shall expand, or contract
300for the expansion of, the Warm-Line to maintain at least one
301Warm-Line site in each early learning coalition service area
302from one statewide site to one Warm-Line site in each child care
303resource and referral agency region.
304     (5)  Each regional Warm-Line shall provide assistance and
305consultation to child care centers and family day care homes
306regarding health, developmental, disability, and special needs
307issues of the children they are serving, particularly children
308with disabilities and other special needs. Regional Warm-Line
309staff shall provide onsite technical assistance, when requested,
310to assist child care centers and family day care homes with
311inquiries relative to the strategies, curriculum, and
312environmental adaptations the child care centers and family day
313care homes may need as they serve children with disabilities and
314other special needs.
315     Section 10.  Section 402.3051, Florida Statutes, is
316transferred, renumbered as section 411.01013, Florida Statutes,
317and amended to read:
318(Substantial rewording of section. See
319s. 402.3051, F.S., for present text.)
320     411.01013  Prevailing market rate schedule.-
321     (1)  As used in this section, the term:
322     (a)  "Market rate" means the price that a child care
323provider charges for daily, weekly, or monthly child care
324services.
325     (b)  "Prevailing market rate" means the annually determined
32675th percentile of a reasonable frequency distribution of the
327market rate in a predetermined geographic market at which child
328care providers charge a person for child care services.
329     (2)  The Agency for Workforce Innovation shall establish
330procedures for the adoption of a prevailing market rate
331schedule. The schedule must include, at a minimum, county-by-
332county rates:
333     (a)  At the prevailing market rate, plus the maximum rate,
334for child care providers that hold a Gold Seal Quality Care
335designation under s. 402.281.
336     (b)  At the prevailing market rate for child care providers
337that do not hold a Gold Seal Quality Care designation.
338     (3)  The prevailing market rate schedule, at a minimum,
339must:
340     (a)  Differentiate rates by the type of child care
341provider, including, but not limited to, a child care facility
342licensed under s. 402.305, a public or nonpublic school exempt
343from licensure under s. 402.3025, a faith-based child care
344facility exempt from licensure under s. 402.316, a large family
345child care home licensed under s. 402.3131, a family day care
346home licensed or registered under s. 402.313, or an after-school
347program that is not defined as child care under rules adopted
348pursuant to s. 402.3045.
349     (b)  Differentiate rates by the type of child care services
350provided for children with special needs or risk categories,
351infants, toddlers, preschool-age children, and school-age
352children.
353     (c)  Differentiate rates between full-time and part-time
354child care services.
355     (d)  Consider discounted rates for child care services for
356multiple children in a single family.
357     (4)  The prevailing market rate schedule may not interfere
358with the parental choice of child care providers under s.
359411.01, regardless of available funding for the school readiness
360program. The prevailing market rate schedule must be based
361exclusively on the prices charged for child care services.
362     (5)  The Agency for Workforce Innovation may contract with
363one or more qualified entities to administer this section and
364provide support and technical assistance for child care
365providers.
366     (6)  The Agency for Workforce Innovation may adopt rules
367pursuant to ss. 120.536(1) and 120.54 to administer this
368section.
369     Section 11.  Subsection (1) of section 402.313, Florida
370Statutes, is amended to read:
371     402.313  Family day care homes.-
372     (1)  Family day care homes shall be licensed under this act
373if they are presently being licensed under an existing county
374licensing ordinance, if they are participating in the subsidized
375child care program, or if the board of county commissioners
376passes a resolution that family day care homes be licensed. If
377no county authority exists for the licensing of a family day
378care home, the department shall have the authority to license
379family day care homes under contract for the purchase-of-service
380system in the subsidized child care program.
381     (a)  If not subject to license, family day care homes shall
382register annually with the department, providing the following
383information:
384     1.  The name and address of the home.
385     2.  The name of the operator.
386     3.  The number of children served.
387     4.  Proof of a written plan to provide at least one other
388competent adult to be available to substitute for the operator
389in an emergency. This plan shall include the name, address, and
390telephone number of the designated substitute.
391     5.  Proof of screening and background checks.
392     6.  Proof of successful completion of the 30-hour training
393course, as evidenced by passage of a competency examination,
394which shall include:
395     a.  State and local rules and regulations that govern child
396care.
397     b.  Health, safety, and nutrition.
398     c.  Identifying and reporting child abuse and neglect.
399     d.  Child development, including typical and atypical
400language development; and cognitive, motor, social, and self-
401help skills development.
402     e.  Observation of developmental behaviors, including using
403a checklist or other similar observation tools and techniques to
404determine a child's developmental level.
405     f.  Specialized areas, including early literacy and
406language development of children from birth to 5 years of age,
407as determined by the department, for owner-operators of family
408day care homes.
409     7.  Proof that immunization records are kept current.
410     8.  Proof of completion of the required continuing
411education units or clock hours.
412     (b)  A family day care home not participating in the
413subsidized child care program may volunteer to be licensed under
414the provisions of this act.
415     (c)  The department may provide technical assistance to
416counties and family day care home providers to enable counties
417and family day care providers to achieve compliance with family
418day care homes standards.
419     Section 12.  Sections 402.3135 and 402.3145, Florida
420Statutes, are repealed.
421     Section 13.  Subsection (3) of section 402.315, Florida
422Statutes, is amended to read:
423     402.315  Funding; license fees.-
424     (3)  The department shall collect a fee for any license it
425issues for a child care facility, family day care home, or large
426family child care home pursuant to ss. 402.305, 402.313, and
427402.3131 s. 402.308.
428     (a)  For a child care facility licensed pursuant to s.
429402.305, such fee shall be $1 per child based on the licensed
430capacity of the facility, except that the minimum fee shall be
431$25 per facility center and the maximum fee shall be $100 per
432facility center.
433     (b)  For a family day care home registered pursuant to s.
434402.313, such fee shall be $25.
435     (c)  For a family day care home licensed pursuant to s.
436402.313, such fee shall be $50.
437     (d)  For a large family child care home licensed pursuant
438to s. 402.3131, such fee shall be $60.
439     Section 14.  Subsection (6) of section 402.45, Florida
440Statutes, is amended to read:
441     402.45  Community resource mother or father program.-
442     (6)  Individuals under contract to provide community
443resource mother or father services shall participate in
444preservice and ongoing training as determined by the Department
445of Health in consultation with the Agency for Workforce
446Innovation State Coordinating Council for School Readiness
447Programs. A community resource mother or father shall not be
448assigned a client caseload until all preservice training
449requirements are completed.
450     Section 15.  Paragraph (c) of subsection (5) of section
451409.1671, Florida Statutes, is amended to read:
452     409.1671  Foster care and related services; outsourcing.-
453     (5)
454     (c)  A foster home dually licensed home under this section
455may shall be dually licensed as a child care facility under
456chapter 402 and may eligible to receive both an out-of-home care
457payment and, to the extent permitted under federal law, school
458readiness funding a subsidized child care payment for the same
459child pursuant to federal law. The department may adopt
460administrative rules necessary to administer this paragraph.
461     Section 16.  Paragraphs (a), (d), (e), (f), (g), and (h) of
462subsection (2) and subsections (4) through (11) of section
463411.01, Florida Statutes, are amended to read:
464     411.01  School readiness programs; early learning
465coalitions.-
466     (2)  LEGISLATIVE INTENT.-
467     (a)  The Legislature recognizes that school readiness
468programs increase children's chances of achieving future
469educational success and becoming productive members of society.
470It is the intent of the Legislature that the programs be
471developmentally appropriate, research-based, involve the parent
472parents as a their child's first teacher, serve as preventive
473measures for children at risk of future school failure, enhance
474the educational readiness of eligible children, and support
475family education. Each school readiness program shall provide
476the elements necessary to prepare at-risk children for school,
477including health screening and referral and an appropriate
478educational program.
479     (d)  It is the intent of the Legislature that the
480administrative staff at the state level for school readiness
481programs be kept to the minimum necessary to administer the
482duties of the Agency for Workforce Innovation and early learning
483coalitions, as the school readiness programs are to be
484regionally designed, operated, and managed, with the Agency for
485Workforce Innovation developing school readiness program
486performance standards and outcome measures and approving and
487reviewing early learning coalitions and school readiness plans.
488     (e)  It is the intent of the Legislature that
489appropriations for combined school readiness programs shall not
490be less than the programs would receive in any fiscal year on an
491uncombined basis.
492     (e)(f)  It is the intent of the Legislature that the school
493readiness program coordinate and operate in conjunction with the
494district school systems. However, it is also the intent of the
495Legislature that the school readiness program not be construed
496as part of the system of free public schools but rather as a
497separate program for children under the age of kindergarten
498eligibility, funded separately from the system of free public
499schools, utilizing a mandatory sliding fee scale, and providing
500an integrated and seamless system of school readiness services
501for the state's birth-to-kindergarten population.
502     (g)  It is the intent of the Legislature that the federal
503child care income tax credit be preserved for school readiness
504programs.
505     (f)(h)  It is the intent of the Legislature that school
506readiness services shall be an integrated and seamless program
507system of services with a developmentally appropriate education
508component for the state's eligible birth-to-kindergarten
509population described in subsection (6) and shall not be
510construed as part of the seamless K-20 education system.
511     (4)  AGENCY FOR WORKFORCE INNOVATION.-
512     (a)  The Agency for Workforce Innovation shall administer
513school readiness programs at the state level and shall
514coordinate with the early learning coalitions in providing
515school readiness services on a full-day, full-year, full-choice
516basis to the extent possible in order to enable parents to work
517and be financially self-sufficient.
518     (b)  The Agency for Workforce Innovation shall:
519     1.  Coordinate the birth-to-kindergarten services for
520children who are eligible under subsection (6) and the
521programmatic, administrative, and fiscal standards under this
522section for all public providers of school readiness programs.
523     2.  Continue to provide unified leadership for school
524readiness through early learning coalitions.
525     2.3.  Focus on improving the educational quality of all
526program providers participating in publicly funded school
527readiness programs.
528     (c)  The Governor shall designate the Agency for Workforce
529Innovation as the lead agency for purposes of administration of
530the federal Child Care and Development Fund, 45 C.F.R. parts 98
531and 99, and the Agency for Workforce Innovation may be
532designated by the Governor as the lead agency and, if so
533designated, shall comply with the lead agency responsibilities
534under federal law.
535     (d)  The Agency for Workforce Innovation shall:
536     1.  Be responsible for the prudent use of all public and
537private funds in accordance with all legal and contractual
538requirements.
539     2.  Provide final approval and every 2 years periodic
540review of early learning coalitions and school readiness plans.
541     3.  Establish Provide leadership for the enhancement of
542school readiness in this state by aggressively establishing a
543unified approach to the state's efforts toward enhancement of
544school readiness. In support of this effort, the Agency for
545Workforce Innovation shall adopt may develop and implement
546specific system support service strategies that address the
547state's school readiness programs. An early learning coalition
548shall amend its school readiness plan to conform to the specific
549system support service strategies adopted by the Agency for
550Workforce Innovation. System support services shall include, but
551are not limited to:
552     a.  Child care resource and referral services;
553     b.  Warm-Line services;
554     c.  Eligibility determinations;
555     d.  Child performance standards;
556     e.  Child screening and assessment;
557     f.  Developmentally appropriate curricula;
558     g.  Health and safety requirements;
559     h.  Statewide data system requirements; and
560     i.  Rating and improvement systems.
561     4.  Safeguard the effective use of federal, state, local,
562and private resources to achieve the highest possible level of
563school readiness for the children in this state.
564     5.  Adopt a rule establishing criteria for the expenditure
565of funds designated for the purpose of funding activities to
566improve the quality of child care within the state in accordance
567with s. 658G of the federal Child Care and Development Block
568Grant Act.
569     6.5.  Provide technical assistance to early learning
570coalitions in a manner determined by the Agency for Workforce
571Innovation based upon information obtained by the agency from
572various sources, including, but not limited to, public input,
573government reports, private interest group reports, agency
574monitoring visits, and coalition requests for service.
575     7.  In cooperation with the Department of Education and
576early learning coalitions, coordinate with the Child Care
577Services Program Office of the Department of Children and Family
578Services to minimize duplicating interagency activities, health
579and safety monitoring, and acquiring and composing data
580pertaining to child care training and credentialing.
581     6.  Assess gaps in service.
582     7.  Provide technical assistance to counties that form a
583multicounty region served by an early learning coalition.
584     8.  Develop and adopt performance standards and outcome
585measures for school readiness programs. The performance
586standards must address the age-appropriate progress of children
587in the development of the school readiness skills required under
588paragraph (j). The performance standards for children from birth
589to 5 3 years of age in school readiness programs must be
590integrated with the performance standards adopted by the
591Department of Education for children in the Voluntary
592Prekindergarten Education Program under s. 1002.67.
593     9.  Adopt a standard contract that must be used by the
594coalitions when contracting with school readiness providers.
595     (e)  The Agency for Workforce Innovation may adopt rules
596under ss. 120.536(1) and 120.54 to administer the provisions of
597law conferring duties upon the agency, including, but not
598limited to, rules governing the administration of system support
599services preparation and implementation of the school readiness
600programs system, the collection of data, the approval of early
601learning coalitions and school readiness plans, the provision of
602a method whereby an early learning coalition may serve two or
603more counties, the award of incentives to early learning
604coalitions, child performance standards, child outcome measures,
605and the issuance of waivers, and the implementation of the
606state's Child Care and Development Fund Plan as approved by the
607federal Administration for Children and Families.
608     (f)  The Agency for Workforce Innovation shall have all
609powers necessary to administer this section, including, but not
610limited to, the power to receive and accept grants, loans, or
611advances of funds from any public or private agency and to
612receive and accept from any source contributions of money,
613property, labor, or any other thing of value, to be held, used,
614and applied for purposes of this section.
615     (g)  Except as provided by law, the Agency for Workforce
616Innovation may not impose requirements on a child care or early
617childhood education provider that does not deliver services
618under the a school readiness programs program or receive state
619or federal funds under this section.
620     (h)  The Agency for Workforce Innovation shall have a
621budget for the school readiness programs system, which shall be
622financed through an annual appropriation made for purposes of
623this section in the General Appropriations Act.
624     (i)  The Agency for Workforce Innovation shall coordinate
625the efforts toward school readiness in this state and provide
626independent policy analyses, data analyses, and recommendations
627to the Governor, the State Board of Education, and the
628Legislature.
629     (j)  The Agency for Workforce Innovation shall require that
630each early learning coalition's school readiness programs
631program must, at a minimum, enhance the age-appropriate progress
632of each child in attaining the performance standards adopted
633under subparagraph (d)8. and in the development of the following
634school readiness skills:
635     1.  Compliance with rules, limitations, and routines.
636     2.  Ability to perform tasks.
637     3.  Interactions with adults.
638     4.  Interactions with peers.
639     5.  Ability to cope with challenges.
640     6.  Self-help skills.
641     7.  Ability to express the child's needs.
642     8.  Verbal communication skills.
643     9.  Problem-solving skills.
644     10.  Following of verbal directions.
645     11.  Demonstration of curiosity, persistence, and
646exploratory behavior.
647     12.  Interest in books and other printed materials.
648     13.  Paying attention to stories.
649     14.  Participation in art and music activities.
650     15.  Ability to identify colors, geometric shapes, letters
651of the alphabet, numbers, and spatial and temporal
652relationships.
653
654Within 30 days after enrollment The Agency for Workforce
655Innovation shall also require that, before a child is enrolled
656in the an early learning coalition's school readiness program,
657the early learning coalition must ensure that the program
658provider obtains information is obtained by the coalition or the
659school readiness provider regarding the child's immunizations,
660physical development, and other health requirements as
661necessary, including appropriate vision and hearing screening
662and examinations as required by s. 402.305(9) and as verified
663pursuant to s. 402.311.
664     (k)  The Agency for Workforce Innovation shall conduct
665studies and planning activities related to the overall
666improvement and effectiveness of the outcome measures adopted by
667the agency for school readiness programs and the specific system
668support service strategies to address the state's school
669readiness programs adopted by the Agency for Workforce
670Innovation in accordance with subparagraph (d)3.
671     (l)  The Agency for Workforce Innovation shall monitor and
672evaluate the performance of each early learning coalition in
673administering the school readiness program, implementing the
674coalition's school readiness plan, and administering the
675Voluntary Prekindergarten Education Program. These monitoring
676and performance evaluations must include, at a minimum, onsite
677monitoring of each coalition's finances, management, operations,
678and programs.
679     (m)  The Agency for Workforce Innovation shall identify
680best practices of early learning coalitions in order to improve
681the outcomes of school readiness programs.
682     (m)(n)  The Agency for Workforce Innovation shall submit an
683annual report of its activities conducted under this section to
684the Governor, the executive director of the Florida Healthy Kids
685Corporation, the President of the Senate, the Speaker of the
686House of Representatives, and the minority leaders of both
687houses of the Legislature. In addition, the Agency for Workforce
688Innovation's reports and recommendations shall be made available
689to the State Board of Education, the Florida Early Learning
690Advisory Council and, other appropriate state agencies and
691entities, district school boards, central agencies, and county
692health departments. The annual report must provide an analysis
693of school readiness activities across the state, including the
694number of children who were served in the programs.
695     (n)(o)  The Agency for Workforce Innovation shall work with
696the early learning coalitions to ensure availability of training
697and support for parental increase parents' training for and
698involvement in their children's early preschool education and to
699provide family literacy activities and services programs.
700     (5)  CREATION OF EARLY LEARNING COALITIONS.-
701     (a)  Early learning coalitions.-
702     1.  The Agency for Workforce Innovation shall establish the
703minimum number of children to be served by each early learning
704coalition through the coalition's school readiness program. The
705Agency for Workforce Innovation may only approve school
706readiness plans in accordance with this minimum number. The
707minimum number must be uniform for every early learning
708coalition and must:
709     a.  Permit 31 30 or fewer coalitions to be established; and
710     b.  Require each coalition to serve at least 2,000 children
711based upon the average number of all children served per month
712through the coalition's school readiness program during the
713previous 12 months.
714
715The Agency for Workforce Innovation shall adopt procedures for
716merging early learning coalitions, including procedures for the
717consolidation of merging coalitions, and for the early
718termination of the terms of coalition members which are
719necessary to accomplish the mergers. Each early learning
720coalition must comply with the merger procedures and shall be
721organized in accordance with this subparagraph by April 1, 2005.
722By June 30, 2005, each coalition must complete the transfer of
723powers, duties, functions, rules, records, personnel, property,
724and unexpended balances of appropriations, allocations, and
725other funds to the successor coalition, if applicable.
726     2.  If an early learning coalition would serve fewer
727children than the minimum number established under subparagraph
7281., the coalition must merge with another county to form a
729multicounty coalition. However, the Agency for Workforce
730Innovation may authorize an early learning coalition to serve
731fewer children than the minimum number established under
732subparagraph 1., if:
733     a.  The coalition demonstrates to the Agency for Workforce
734Innovation that merging with another county or multicounty
735region contiguous to the coalition would cause an extreme
736hardship on the coalition;
737     b.  The Agency for Workforce Innovation has determined
738during the most recent annual review of the coalition's school
739readiness plan, or through monitoring and performance
740evaluations conducted under paragraph (4)(l), that the coalition
741has substantially implemented its plan and substantially met the
742performance standards and outcome measures adopted by the
743agency; and
744     c.  The coalition demonstrates to the Agency for Workforce
745Innovation the coalition's ability to effectively and
746efficiently implement the Voluntary Prekindergarten Education
747Program.
748
749If an early learning coalition fails or refuses to merge as
750required by this subparagraph, the Agency for Workforce
751Innovation may dissolve the coalition and temporarily contract
752with a qualified entity to continue school readiness and
753prekindergarten services in the coalition's county or
754multicounty region until the agency reestablishes the coalition
755and a new is reestablished through resubmission of a school
756readiness plan is approved and approval by the agency.
757     3.  Notwithstanding the provisions of subparagraphs 1. and
7582., the early learning coalitions in Sarasota, Osceola, and
759Santa Rosa Counties which were in operation on January 1, 2005,
760are established and authorized to continue operation as
761independent coalitions, and shall not be counted within the
762limit of 30 coalitions established in subparagraph 1.
763     3.4.  Each early learning coalition shall be composed of at
764least 15 18 members but not more than 30 35 members. The Agency
765for Workforce Innovation shall adopt standards establishing
766within this range the minimum and maximum number of members that
767may be appointed to an early learning coalition. These standards
768must include variations for a coalition serving a multicounty
769region. Each early learning coalition must comply with these
770standards.
771     4.5.  The Governor shall appoint the chair and two other
772members of each early learning coalition, who must each meet the
773same qualifications as private sector business members appointed
774by the coalition under subparagraph 6.7.
775     5.6.  Each early learning coalition must include the
776following member positions; however, in a multicounty coalition,
777each ex officio member position may be filled by multiple
778nonvoting members but no more than one voting member shall be
779seated per member position members:
780     a.  A Department of Children and Family Services circuit
781district administrator or his or her designee who is authorized
782to make decisions on behalf of the department.
783     b.  A district superintendent of schools or his or her
784designee who is authorized to make decisions on behalf of the
785district, who shall be a nonvoting member.
786     c.  A regional workforce board executive director or his or
787her designee.
788     d.  A county health department director or his or her
789designee.
790     d.e.  A children's services council or juvenile welfare
791board chair or executive director, if applicable, who shall be a
792nonvoting member if the council or board is the fiscal agent of
793the coalition or if the council or board contracts with and
794receives funds from the coalition for any purpose other than
795rent.
796     e.f.  An agency head of a local licensing agency as defined
797in s. 402.302, where applicable.
798     f.g.  A president of a community college or his or her
799designee.
800     g.h.  One member appointed by a board of county
801commissioners or the governing board of a municipality.
802     i.  A central agency administrator, where applicable, who
803shall be a nonvoting member.
804     h.j.  A Head Start director, who shall be a nonvoting
805member.
806     i.k.  A representative of private for-profit child care
807providers, including private for-profit family day care homes,
808who shall be a nonvoting member.
809     j.l.  A representative of faith-based child care providers,
810who shall be a nonvoting member.
811     k.m.  A representative of programs for children with
812disabilities under the federal Individuals with Disabilities
813Education Act, who shall be a nonvoting member.
814     6.7.  Including the members appointed by the Governor under
815subparagraph 4.5., more than one-third of the members of each
816early learning coalition must be private sector business members
817who do not have, and none of whose relatives as defined in s.
818112.3143 has, a substantial financial interest in the design or
819delivery of the Voluntary Prekindergarten Education Program
820created under part V of chapter 1002 or the coalition's school
821readiness program. To meet this requirement an early learning
822coalition must appoint additional members from a list of
823nominees submitted to the coalition by a chamber of commerce or
824economic development council within the geographic region served
825by the coalition. The Agency for Workforce Innovation shall
826establish criteria for appointing private sector business
827members. These criteria must include standards for determining
828whether a member or relative has a substantial financial
829interest in the design or delivery of the Voluntary
830Prekindergarten Education Program or the coalition's school
831readiness program.
832     7.8.  A majority of the voting membership of an early
833learning coalition constitutes a quorum required to conduct the
834business of the coalition. An early learning coalition board may
835use any method of telecommunications to conduct meetings,
836including establishing a quorum through telecommunications,
837provided that the public is given proper notice of a
838telecommunications meeting and reasonable access to observe and,
839when appropriate, participate.
840     8.9.  A voting member of an early learning coalition may
841not appoint a designee to act in his or her place, except as
842otherwise provided in this paragraph. A voting member may send a
843representative to coalition meetings, but that representative
844does not have voting privileges. When a district administrator
845for the Department of Children and Family Services appoints a
846designee to an early learning coalition, the designee is the
847voting member of the coalition, and any individual attending in
848the designee's place, including the district administrator, does
849not have voting privileges.
850     9.10.  Each member of an early learning coalition is
851subject to ss. 112.313, 112.3135, and 112.3143. For purposes of
852s. 112.3143(3)(a), each voting member is a local public officer
853who must abstain from voting when a voting conflict exists.
854     10.11.  For purposes of tort liability, each member or
855employee of an early learning coalition shall be governed by s.
856768.28.
857     11.12.  An early learning coalition serving a multicounty
858region must include representation from each county.
859     12.13.  Each early learning coalition shall establish terms
860for all appointed members of the coalition. The terms must be
861staggered and must be a uniform length that does not exceed 4
862years per term. Coalition chairs shall be appointed for 4 years
863in conjunction with their membership on the Early Learning
864Advisory Council under s. 20.052. Appointed members may serve a
865maximum of two consecutive terms. When a vacancy occurs in an
866appointed position, the coalition must advertise the vacancy.
867     (b)  Limitation.-Except as provided by law, the early
868learning coalitions may not impose requirements on a child care
869or early childhood education provider that does not deliver
870services under the school readiness programs or receive state,
871federal, required maintenance of effort, or matching funds under
872this section.
873     (b)  Program participation.-The school readiness program
874shall be established for children from birth to the beginning of
875the school year for which a child is eligible for admission to
876kindergarten in a public school under s. 1003.21(1)(a)2. The
877program shall be administered by the early learning coalition.
878Within funding limitations, the early learning coalition, along
879with all providers, shall make reasonable efforts to accommodate
880the needs of children for extended-day and extended-year
881services without compromising the quality of the program.
882     (c)  Program expectations.-
883     1.  The school readiness program must meet the following
884expectations:
885     a.  The program must, at a minimum, enhance the age-
886appropriate progress of each child in attaining the development
887of the school readiness skills required under paragraph (4)(j),
888as measured by the performance standards and outcome measures
889adopted by the Agency for Workforce Innovation.
890     b.  The program must provide extended-day and extended-year
891services to the maximum extent possible without compromising the
892quality of the program to meet the needs of parents who work.
893     c.  The program There must provide a be coordinated
894professional staff development system that supports the
895achievement and maintenance of core competencies by school
896readiness instructors in helping children attain the performance
897standards and outcome measures adopted by the Agency for
898Workforce Innovation and teaching opportunities.
899     d.  There must be expanded access to community services and
900resources for families to help achieve economic self-
901sufficiency.
902     e.  There must be a single point of entry and unified
903waiting list. As used in this sub-subparagraph, the term "single
904point of entry" means an integrated information system that
905allows a parent to enroll his or her child in the school
906readiness program at various locations throughout a the county
907or multicounty region served by an early learning coalition,
908that may allow a parent to enroll his or her child by telephone
909or through an Internet website, and that uses a unified waiting
910list to track eligible children waiting for enrollment in the
911school readiness program. The Agency for Workforce Innovation
912shall establish through technology a single statewide
913information system that each coalition must use for the purposes
914of managing the integrates each early learning coalition's
915single point of entry, tracking children's progress,
916coordinating services among stakeholders, determining
917eligibility, tracking child attendance, and streamlining
918administrative processes for providers and early learning
919coalitions and each coalition must use the statewide system.
920     f.  The Agency for Workforce Innovation must consider the
921access of eligible children to the school readiness program, as
922demonstrated in part by waiting lists, before approving a
923proposed increase in payment rates submitted by an early
924learning coalition. In addition, early learning coalitions shall
925use school readiness funds made available due to enrollment
926shifts from school readiness programs to the Voluntary
927Prekindergarten Education Program for increasing the number of
928children served in school readiness programs before increasing
929payment rates.
930     g.  There must be a community plan to address the needs of
931all eligible children.
932     g.h.  The program must meet all state licensing guidelines,
933where applicable.
934     h.  The program must ensure that minimum standards for
935child discipline practices are age-appropriate. Pursuant to s.
936402.305(12) and as verified pursuant to s. 402.311, such
937standards must provide that children not be subjected to
938discipline that is severe, humiliating, or frightening and may
939not be associated with food, rest, or toileting. Spanking or any
940other form of physical punishment is prohibited.
941     2.  Each The early learning coalition must implement a
942comprehensive program of school readiness services in accordance
943with the rules adopted by the agency which that enhance the
944cognitive, social, and physical development of children to
945achieve the performance standards and outcome measures adopted
946by the agency for Workforce Innovation. At a minimum, these
947programs must contain the following system support service
948elements:
949     a.  Developmentally appropriate curriculum designed to
950enhance the age-appropriate progress of children in attaining
951the performance standards adopted by the Agency for Workforce
952Innovation under subparagraph (4)(d)8.
953     b.  A character development program to develop basic
954values.
955     c.  An age-appropriate screening assessment of each child's
956development.
957     d.  An age-appropriate assessment A pretest administered to
958children when they enter a program and an age-appropriate
959assessment a posttest administered to children when they leave
960the program.
961     e.  An appropriate staff-to-children ratio, pursuant to s.
962402.305(4) or s. 402.302(7) or (8), as applicable, and as
963verified pursuant to s. 402.311.
964     f.  A healthy and safe environment pursuant to s.
965401.305(5), (6), and (7), and as verified pursuant to s.
966402.311.
967     g.  A resource and referral network established under s.
968411.0101 to assist parents in making an informed choice and a
969regional Warm-Line under s. 411.01015.
970
971The Agency for Workforce Innovation, the Department of
972Education, and early learning coalitions shall coordinate with
973the Child Care Services Program Office of the Department of
974Children and Family Services to minimize duplicating interagency
975activities pertaining to acquiring and composing data for child
976care training and credentialing.
977     (d)  Implementation.-
978     1.  An early learning coalition may not implement the
979school readiness program until the coalition is authorized
980through approval of the coalition's school readiness plan by the
981Agency for Workforce Innovation.
982     2.  Each early learning coalition shall coordinate with one
983another to implement a comprehensive program of school readiness
984services which enhances the cognitive, social, physical, and
985moral character of the children to achieve the performance
986standards and outcome measures, helps families achieve economic
987self-sufficiency, and reduces agency duplication. Such program
988must contain, at a minimum, the following elements: develop a
989plan for implementing
990     a.  Implement the school readiness program to meet the
991requirements of this section and the system support services
992performance standards and outcome measures adopted by the Agency
993for Workforce Innovation.
994     b.  The plan must Demonstrate how the program will ensure
995that each 3-year-old and 4-year-old child from birth through 5
996years of age in a publicly funded school readiness program
997receives scheduled activities and instruction designed to
998enhance the age-appropriate progress of the children in
999attaining the performance standards adopted by the Agency for
1000Workforce Innovation under subparagraph (4)(d)8.
1001     c.  Ensure that the coalition has solicited and considered
1002comments regarding the proposed school readiness plan from the
1003local community.
1004
1005Before implementing the school readiness program, the early
1006learning coalition must submit the plan to the Agency for
1007Workforce Innovation for approval. The Agency for Workforce
1008Innovation may approve the plan, reject the plan, or approve the
1009plan with conditions. The Agency for Workforce Innovation shall
1010review school readiness plans at least every 2 years annually.
1011     3.  If the Agency for Workforce Innovation determines
1012during the annual review of school readiness plans, or through
1013monitoring and performance evaluations conducted under paragraph
1014(4)(l), that an early learning coalition has not substantially
1015implemented its plan, has not substantially met the performance
1016standards and outcome measures adopted by the agency, or has not
1017effectively administered the school readiness program or
1018Voluntary Prekindergarten Education Program, the Agency for
1019Workforce Innovation may dissolve the coalition and temporarily
1020contract with a qualified entity to continue school readiness
1021and prekindergarten services in the coalition's county or
1022multicounty region until the agency reestablishes the coalition
1023and a new the coalition is reestablished through resubmission of
1024a school readiness plan is approved in accordance with the rules
1025adopted and approval by the agency.
1026     4.  The Agency for Workforce Innovation shall adopt rules
1027establishing criteria for the approval of school readiness
1028plans. The criteria must be consistent with the system support
1029services, performance standards, and outcome measures adopted by
1030the agency and must require each approved plan to include the
1031following minimum standards and provisions for the school
1032readiness program:
1033     a.  A community plan that addresses the needs of all
1034children and providers within the coalition's county or
1035multicounty region.
1036     b.a.  A sliding fee scale establishing a copayment for
1037parents based upon their ability to pay, which is the same for
1038all program providers, to be implemented and reflected in each
1039program's budget.
1040     c.b.  A choice of settings and locations in licensed,
1041registered, religious-exempt, or school-based programs to be
1042provided to parents.
1043     c.  Instructional staff who have completed the training
1044course as required in s. 402.305(2)(d)1., as well as staff who
1045have additional training or credentials as required by the
1046Agency for Workforce Innovation. The plan must provide a method
1047for assuring the qualifications of all personnel in all program
1048settings.
1049     d.  Specific eligibility priorities for children within the
1050early learning coalition's county or multicounty region in
1051accordance with subsection (6).
1052     e.  Performance standards and outcome measures adopted by
1053the Agency for Workforce Innovation.
1054     f.  Payment rates adopted by the early learning coalitions
1055coalition and approved by the Agency for Workforce Innovation.
1056Payment rates may not have the effect of limiting parental
1057choice or creating standards or levels of services that have not
1058been expressly established authorized by the Legislature, unless
1059the creation of such standards or levels of service is a
1060precondition for the state's eligibility to receive federal
1061funds available for early learning programs.
1062     g.  Systems support services, including a central agency,
1063child care resource and referral, eligibility determinations,
1064training of providers, and parent support and involvement.
1065     h.  Direct enhancement services for to families and
1066children. System support and direct enhancement services shall
1067be in addition to payments for the placement of children in
1068school readiness programs. Direct enhancement services for
1069families may include parent training and involvement activities
1070and strategies to meet the needs of unique populations and local
1071eligibility priorities. Enhancement services for children may
1072include provider supports and professional development approved
1073in the plan by the Agency for Workforce Innovation.
1074     i.  The business organization of the early learning
1075coalition, which must include the coalition's articles of
1076incorporation and bylaws if the coalition is organized as a
1077corporation. If the coalition is not organized as a corporation
1078or other business entity, the plan must include the contract
1079with a fiscal agent. An early learning coalition may contract
1080with other coalitions to achieve efficiency in multicounty
1081services, and these contracts may be part of the coalition's
1082school readiness plan.
1083     j.  The implementation of locally developed quality
1084programs in accordance with the requirements adopted by the
1085agency under subparagraph (4)(d)5.
1086     j.  Strategies to meet the needs of unique populations,
1087such as migrant workers.
1088
1089As part of the school readiness plan, The Agency for Workforce
1090Innovation early learning coalition may request the Governor to
1091apply for a waiver to allow the coalition to administer the Head
1092Start Program to accomplish the purposes of the school readiness
1093program. If a school readiness plan demonstrates that specific
1094statutory goals can be achieved more effectively by using
1095procedures that require modification of existing rules,
1096policies, or procedures, a request for a waiver to the Agency
1097for Workforce Innovation may be submitted as part of the plan.
1098Upon review, the Agency for Workforce Innovation may grant the
1099proposed modification.
1100     5.  Persons with an early childhood teaching certificate
1101may provide support and supervision to other staff in the school
1102readiness program.
1103     6.  An early learning coalition may not implement its
1104school readiness plan until it submits the plan to and receives
1105approval from the Agency for Workforce Innovation. Once the plan
1106is approved, the plan and the services provided under the plan
1107shall be controlled by the early learning coalition. The plan
1108shall be reviewed and revised as necessary, but at least
1109biennially. An early learning coalition may not implement the
1110revisions until the coalition submits the revised plan to and
1111receives approval from the Agency for Workforce Innovation. If
1112the Agency for Workforce Innovation rejects a revised plan, the
1113coalition must continue to operate under its prior approved
1114plan.
1115     7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
1116apply to an early learning coalition with an approved school
1117readiness programs plan. The Agency for Workforce Innovation To
1118facilitate innovative practices and to allow the regional
1119establishment of school readiness programs, an early learning
1120coalition may apply to the Governor and Cabinet for a waiver of,
1121and the Governor and Cabinet may waive, any of the provisions of
1122ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
1123for implementation of the coalition's school readiness programs
1124plan.
1125     8.  Two or more early learning coalitions counties may join
1126for purposes of planning and implementing a school readiness
1127program.
1128     9.  An early learning coalition may, subject to approval by
1129The Agency for Workforce Innovation as part of the coalition's
1130school readiness plan, receive subsidized child care funds for
1131all children eligible for any federal subsidized child care
1132program.
1133     10.  An early learning coalition may enter into multiparty
1134contracts with multicounty service providers in order to meet
1135the needs of unique populations such as migrant workers.
1136     (e)  Requests for proposals; payment schedule.-
1137     1.  Each early learning coalition must comply with the
1138procurement and expenditure procedures adopted by the Agency for
1139Workforce Innovation, including, but not limited to, applying
1140the procurement and expenditure procedures required by federal
1141law for the expenditure of federal funds s. 287.057 for the
1142procurement of commodities or contractual services from the
1143funds described in paragraph (9)(d). The period of a contract
1144for purchase of these commodities or contractual services,
1145together with any renewal of the original contract, may not
1146exceed 3 years.
1147     2.  Each early learning coalition shall adopt a payment
1148schedule that encompasses all programs funded by the coalition
1149under this section. The payment schedule must take into
1150consideration the prevailing relevant market rate, must include
1151the projected number of children to be served, and must be
1152submitted for approval by the Agency for Workforce Innovation.
1153Informal child care arrangements shall be reimbursed at not more
1154than 50 percent of the rate adopted developed for a family day
1155care home.
1156     (f)  Requirements relating to fiscal agents.-If an early
1157learning coalition is not legally organized as a corporation or
1158other business entity, the coalition must designate a fiscal
1159agent, which may be a public entity, a private nonprofit
1160organization, or a certified public accountant who holds a
1161license under chapter 473. The fiscal agent must provide
1162financial and administrative services under a contract with the
1163early learning coalition. The fiscal agent may not provide
1164direct early childhood education or child care services;
1165however, a fiscal agent may provide those services upon written
1166request of the early learning coalition to the Agency for
1167Workforce Innovation and upon the approval of the request by the
1168agency. The cost of the financial and administrative services
1169shall be negotiated between the fiscal agent and the early
1170learning coalition. If the fiscal agent is a provider of early
1171childhood education and child care programs, the contract must
1172specify that the fiscal agent shall act on policy direction from
1173the early learning coalition and must not receive policy
1174direction from its own corporate board regarding disbursal of
1175the coalition's funds. The fiscal agent shall disburse funds in
1176accordance with the early learning coalition's approved school
1177readiness plan and based on billing and disbursement procedures
1178approved by the Agency for Workforce Innovation. The fiscal
1179agent must conform to all data-reporting requirements
1180established by the Agency for Workforce Innovation.
1181     (f)(g)  Evaluation and annual report.-Each early learning
1182coalition shall conduct an evaluation of its implementation the
1183effectiveness of the school readiness program, including system
1184support services, performance standards, and outcome measures,
1185and shall provide an annual report and fiscal statement to the
1186Agency for Workforce Innovation. This report must also include
1187an evaluation of the effectiveness of its direct enhancement
1188services and conform to the content and format specifications
1189adopted set by the Agency for Workforce Innovation. The Agency
1190for Workforce Innovation must include an analysis of the early
1191learning coalitions' reports in the agency's annual report.
1192     (6)  PROGRAM ELIGIBILITY.-The Each early learning
1193coalition's school readiness program is shall be established for
1194children from birth to the beginning of the school year for
1195which a child is eligible for admission to kindergarten in a
1196public school under s. 1003.21(1)(a)2. or who are eligible for
1197any federal subsidized child care program. Each early learning
1198coalition shall give priority for participation in the school
1199readiness program as follows:
1200     (a)  Priority shall be given first to a child from a family
1201in which there is an adult receiving temporary cash assistance
1202who is subject to federal work requirements.
1203     (b)  Priority shall be given next to a child who is
1204eligible for a school readiness program but who has not yet
1205entered children age 3 years to school, entry who is are served
1206by the Family Safety Program Office of the Department of
1207Children and Family Services or a community-based lead agency
1208under chapter 39 or chapter 409, and for whom child care is
1209needed to minimize risk of further abuse, neglect, or
1210abandonment.
1211     (c)  Subsequent priority shall be given to a child Other
1212eligible populations include children who meets meet one or more
1213of the following criteria:
1214     1.(a)  A child who is younger than Children under the age
1215of kindergarten eligibility and who are:
1216     1.  Children determined to be at risk of abuse, neglect, or
1217exploitation who are currently clients of the Family Safety
1218Program Office of the Department of Children and Family
1219Services, but who are not otherwise given priority under this
1220subsection.
1221     a.2.  Is Children at risk of welfare dependency, including
1222an economically disadvantaged child children, a child children
1223of a participant participants in the welfare transition program,
1224a child of a migratory agricultural worker children of migrant
1225farmworkers, or a child and children of a teen parent parents.
1226     b.3.  Is a member Children of a working family that is
1227economically disadvantaged families whose family income does not
1228exceed 150 percent of the federal poverty level.
1229     c.4.  Children For whom financial assistance is provided
1230through the state is paying a Relative Caregiver Program payment
1231under s. 39.5085.
1232     2.(b)  A 3-year-old child or Three-year-old children and 4-
1233year-old child children who may
1234disadvantaged but who has a disability; has have disabilities,
1235have been served in a specific part-time exceptional education
1236program or a combination of part-time exceptional education
1237programs with required special services, aids, or equipment;,
1238and was were previously reported for funding part time under
1239with the Florida Education Finance Program as an exceptional
1240student students.
1241     3.(c)  An economically disadvantaged child children, a
1242child children with a disability disabilities, or a child and
1243children at risk of future school failure, from birth to 4 years
1244of age, who is are served at home through a home visitor program
1245programs and an intensive parent education program programs.
1246     4.(d)  A child Children who meets meet federal and state
1247eligibility requirements for the migrant preschool program but
1248who is do not meet the criteria of economically disadvantaged.
1249
1250As used in this paragraph subsection, the term "economically
1251disadvantaged" child means having a child whose family income
1252that does not exceed 150 percent of the federal poverty level.
1253Notwithstanding any change in a family's economic status, but
1254subject to additional family contributions in accordance with
1255the sliding fee scale, a child who meets the eligibility
1256requirements upon initial registration for the program remains
1257eligible until the beginning of the school year for which the
1258child is eligible for admission to kindergarten in a public
1259school under s. 1003.21(1)(a)2.
1260     (7)  PARENTAL CHOICE.-
1261     (a)  As used in this subsection, the term "payment
1262certificate" means a child care certificate as defined in 45
1263C.F.R. s. 98.2.
1264     (b)  The school readiness program shall, in accordance with
126545 C.F.R. s. 98.30, provide parental choice through a payment
1266certificate purchase service order that ensures, to the maximum
1267extent possible, flexibility in the school readiness program
1268programs and payment arrangements. According to federal
1269regulations requiring parental choice, a parent may choose an
1270informal child care arrangement. The payment certificate
1271purchase order must bear the names name of the beneficiary and
1272the program provider and, when redeemed, must bear the
1273signatures signature of both the beneficiary and an authorized
1274representative of the provider.
1275     (c)(b)  If it is determined that a provider has given
1276provided any cash to the beneficiary in return for receiving a
1277payment certificate the purchase order, the early learning
1278coalition or its fiscal agent shall refer the matter to the
1279Division of Public Assistance Fraud for investigation.
1280     (d)(c)  The office of the Chief Financial Officer shall
1281establish an electronic transfer system for the disbursement of
1282funds in accordance with this subsection. Each early learning
1283coalition shall fully implement the electronic funds transfer
1284system within 2 years after approval of the coalition's school
1285readiness plan, unless a waiver is obtained from the Agency for
1286Workforce Innovation.
1287     (8)  STANDARDS; OUTCOME MEASURES.-A program provider
1288participating in the All school readiness program programs must
1289meet the performance standards and outcome measures adopted by
1290the Agency for Workforce Innovation.
1291     (9)  FUNDING; SCHOOL READINESS PROGRAM.-
1292     (a)  It is the intent of this section to establish an
1293integrated and quality seamless service delivery system for all
1294publicly funded early childhood education and child care
1295programs operating in this state.
1296     (b)1.  The Agency for Workforce Innovation shall administer
1297school readiness funds, plans, and policies and shall prepare
1298and submit a unified budget request for the school readiness
1299system in accordance with chapter 216.
1300     2.  All instructions to early learning coalitions for
1301administering this section shall emanate from the Agency for
1302Workforce Innovation in accordance with the policies of the
1303Legislature.
1304     (c)  The Agency for Workforce Innovation, subject to
1305legislative notice and review under s. 216.177, shall establish
1306recommend a formula for the allocation among the early learning
1307coalitions of all state and federal school readiness funds
1308provided for children participating in the public or private
1309school readiness program, whether served by a public or private
1310provider, programs based upon equity for each county and
1311performance. The allocation formula must be submitted to the
1312Governor, the chair of the Senate Ways and Means Committee or
1313its successor, and the chair of the House of Representatives
1314Fiscal Council or its successor no later than January 1 of each
1315year. If the Legislature specifies shall specify in the annual
1316General Appropriations Act any changes to from the allocation
1317formula, methodology for the prior fiscal year which must be
1318used by the Agency for Workforce Innovation shall allocate funds
1319as specified in allocating the appropriations provided in the
1320General Appropriations Act.
1321     (d)  All state, federal, and required local maintenance-of-
1322effort, or matching funds provided to an early learning
1323coalition for purposes of this section shall be used by the
1324coalition for implementation of its approved school readiness
1325plan, including the hiring of staff to effectively operate the
1326coalition's school readiness program. As part of plan approval
1327and periodic plan review, The Agency for Workforce Innovation
1328shall require that administrative costs be kept to the minimum
1329necessary for efficient and effective administration of the
1330school readiness plan, but total administrative expenditures
1331must not exceed 5 percent unless specifically waived by the
1332Agency for Workforce Innovation. The Agency for Workforce
1333Innovation shall annually report to the Legislature any problems
1334relating to administrative costs.
1335     (e)  The Agency for Workforce Innovation shall annually
1336distribute, to a maximum extent practicable, all eligible funds
1337provided under this section as block grants to the early
1338learning coalitions in accordance with the terms and conditions
1339specified by the agency.
1340     (f)  State funds appropriated for the school readiness
1341program may not be used for the construction of new facilities
1342or the purchase of buses. The Agency for Workforce Innovation
1343shall present to the Legislature recommendations for providing
1344necessary transportation services for school readiness programs.
1345     (g)  All cost savings and all revenues received through a
1346mandatory sliding fee scale shall be used to help fund each
1347early learning coalition's school readiness program.
1348     (10)  CONFLICTING PROVISIONS.-If In the event of a conflict
1349exists between this section and federal requirements, the
1350federal requirements shall control.
1351     (11)  PLACEMENTS.-Notwithstanding any other provision of
1352this section to the contrary, the first children to be placed in
1353the school readiness program shall be those from families
1354receiving temporary cash assistance and subject to federal work
1355requirements. Subsequent placements shall be made in accordance
1356with subsection (6).
1357     Section 17.  Section 411.0101, Florida Statutes, is amended
1358to read:
1359     411.0101  Child care and early childhood resource and
1360referral.-
1361     (1)  As a part of the school readiness programs, the Agency
1362for Workforce Innovation shall establish a statewide child care
1363resource and referral network that is unbiased and provides
1364referrals to families for child care. Preference shall be given
1365to using the already established early learning coalitions as
1366the child care resource and referral agencies agency. If an
1367early learning coalition cannot comply with the requirements to
1368offer the resource information component or does not want to
1369offer that service, the early learning coalition shall select
1370the resource and referral information agency for its county or
1371multicounty region based upon a request for proposal pursuant to
1372s. 411.01(5)(e)1.
1373     (2)  At least one child care resource and referral agency
1374must be established in each early learning coalition's county or
1375multicounty region. The Agency for Workforce Innovation shall
1376adopt rules regarding accessibility of child care resource and
1377referral services offered through child care resource and
1378referral agencies in each county or multicounty region which
1379include, at a minimum, required hours of operation, methods by
1380which parents may request services, and child care resource and
1381referral staff training requirements.
1382     (3)  Child care resource and referral agencies shall
1383provide the following services:
1384     (a)(1)  Identification of existing public and private child
1385care and early childhood education services, including child
1386care services by public and private employers, and the
1387development of a resource file of those services through the
1388single statewide information system developed by the Agency for
1389Workforce Innovation under s. 411.01(5)(c)1.e. These services
1390may include family day care, public and private child care
1391programs, the Voluntary Prekindergarten Education Program, Head
1392Start, the school readiness program prekindergarten early
1393intervention programs, special education programs for
1394prekindergarten handicapped children who have disabilities,
1395services for children with developmental disabilities, full-time
1396and part-time programs, before-school and after-school programs,
1397vacation care programs, parent education, the WAGES Program, and
1398related family support services. The resource file shall
1399include, but not be limited to:
1400     1.(a)  Type of program.
1401     2.(b)  Hours of service.
1402     3.(c)  Ages of children served.
1403     4.(d)  Number of children served.
1404     5.(e)  Significant program information.
1405     6.(f)  Fees and eligibility for services.
1406     7.(g)  Availability of transportation.
1407     (b)(2)  The establishment of a referral process that which
1408responds to parental need for information and that which is
1409provided with full recognition of the confidentiality rights of
1410parents. The resource and referral network programs shall make
1411referrals to legally operating licensed child care facilities.
1412Referrals may not shall be made to a an unlicensed child care
1413facility that is operating illegally or arrangement only if
1414there is no requirement that the facility or arrangement be
1415licensed.
1416     (c)(3)  Maintenance of ongoing documentation of requests
1417for service tabulated through the internal referral process
1418through the single statewide information system. The following
1419documentation of requests for service shall be maintained by the
1420all child care resource and referral network agencies:
1421     1.(a)  Number of calls and contacts to the child care
1422resource information and referral network agency component by
1423type of service requested.
1424     2.(b)  Ages of children for whom service was requested.
1425     3.(c)  Time category of child care requests for each child.
1426     4.(d)  Special time category, such as nights, weekends, and
1427swing shift.
1428     5.(e)  Reason that the child care is needed.
1429     6.(f)  Name of the employer and primary focus of the
1430business.
1431     (d)(4)  Provision of technical assistance to existing and
1432potential providers of child care services. This assistance may
1433include:
1434     1.(a)  Information on initiating new child care services,
1435zoning, and program and budget development and assistance in
1436finding such information from other sources.
1437     2.(b)  Information and resources which help existing child
1438care services providers to maximize their ability to serve
1439children and parents in their community.
1440     3.(c)  Information and incentives that may which could help
1441existing or planned child care services offered by public or
1442private employers seeking to maximize their ability to serve the
1443children of their working parent employees in their community,
1444through contractual or other funding arrangements with
1445businesses.
1446     (e)(5)  Assistance to families and employers in applying
1447for various sources of subsidy including, but not limited to,
1448the Voluntary Prekindergarten Education Program, the school
1449readiness program subsidized child care, Head Start,
1450prekindergarten early intervention programs, Project
1451Independence, private scholarships, and the federal child and
1452dependent care tax credit.
1453     (6)  Assistance to state agencies in determining the market
1454rate for child care.
1455     (f)(7)  Assistance in negotiating discounts or other
1456special arrangements with child care providers.
1457     (8)  Information and assistance to local interagency
1458councils coordinating services for prekindergarten handicapped
1459children.
1460     (g)(9)  Assistance to families in identifying summer
1461recreation camp and summer day camp programs, and in evaluating
1462the health and safety qualities of summer recreation camp and
1463summer day camp programs, and in evaluating the health and
1464safety qualities of summer camp programs. Contingent upon
1465specific appropriation, a checklist of important health and
1466safety qualities that parents can use to choose their summer
1467camp programs shall be developed and distributed in a manner
1468that will reach parents interested in such programs for their
1469children.
1470     (h)(10)  A child care facility licensed under s. 402.305
1471and licensed and registered family day care homes must provide
1472the statewide child care and resource and referral network
1473agencies with the following information annually:
1474     1.(a)  Type of program.
1475     2.(b)  Hours of service.
1476     3.(c)  Ages of children served.
1477     4.(d)  Fees and eligibility for services.
1478     (4)(11)  The Agency for Workforce Innovation shall adopt
1479any rules necessary for the implementation and administration of
1480this section.
1481     Section 18.  Subsection (3), paragraph (b) of subsection
1482(4), and paragraphs (c) and (d) of subsection (5) of section
1483411.0102, Florida Statutes, are amended to read:
1484     411.0102  Child Care Executive Partnership Act; findings
1485and intent; grant; limitation; rules.-
1486     (3)  There is created a body politic and corporate known as
1487the Child Care Executive Partnership which shall establish and
1488govern the Child Care Executive Partnership Program. The purpose
1489of the Child Care Executive Partnership Program is to utilize
1490state and federal funds as incentives for matching local funds
1491derived from local governments, employers, charitable
1492foundations, and other sources, so that Florida communities may
1493create local flexible partnerships with employers. The Child
1494Care Executive Partnership Program funds shall be used at the
1495discretion of local communities to meet the needs of working
1496parents. A child care purchasing pool shall be developed with
1497the state, federal, and local funds to provide subsidies to low-
1498income working parents whose family income does not exceed the
1499allowable income for any federally subsidized child care program
1500who are eligible for subsidized child care with a dollar-for-
1501dollar match from employers, local government, and other
1502matching contributions. The funds used from the child care
1503purchasing pool must be used to supplement or extend the use of
1504existing public or private funds.
1505     (4)  The Child Care Executive Partnership, staffed by the
1506Agency for Workforce Innovation, shall consist of a
1507representative of the Executive Office of the Governor and nine
1508members of the corporate or child care community, appointed by
1509the Governor.
1510     (b)  The Child Care Executive Partnership shall be chaired
1511by a member chosen by a majority vote and shall meet at least
1512quarterly and at other times upon the call of the chair. The
1513Child Care Executive Partnership may use any method of
1514telecommunications to conduct meetings, including establishing a
1515quorum through telecommunications, only if the public is given
1516proper notice of a telecommunications meeting and reasonable
1517access to observe and, when appropriate, participate.
1518     (5)
1519     (c)  The Agency for Workforce Innovation, in conjunction
1520with the Child Care Executive Partnership, shall develop
1521procedures for disbursement of funds through the child care
1522purchasing pools. In order to be considered for funding, an
1523early learning coalition or the Agency for Workforce Innovation
1524must commit to:
1525     1.  Matching the state purchasing pool funds on a dollar-
1526for-dollar basis; and
1527     2.  Expending only those public funds which are matched by
1528employers, local government, and other matching contributors who
1529contribute to the purchasing pool. Parents shall also pay a fee,
1530which may not shall be not less than the amount identified in
1531the early learning coalition's school readiness program
1532subsidized child care sliding fee scale.
1533     (d)  Each early learning coalition board shall be required
1534to establish a community child care task force for each child
1535care purchasing pool. The task force must be composed of
1536employers, parents, private child care providers, and one
1537representative from the local children's services council, if
1538one exists in the area of the purchasing pool. The early
1539learning coalition is expected to recruit the task force members
1540from existing child care councils, commissions, or task forces
1541already operating in the area of a purchasing pool. A majority
1542of the task force shall consist of employers. Each task force
1543shall develop a plan for the use of child care purchasing pool
1544funds. The plan must show how many children will be served by
1545the purchasing pool, how many will be new to receiving child
1546care services, and how the early learning coalition intends to
1547attract new employers and their employees to the program.
1548     Section 19.  Paragraph (b) of subsection (8) of section
1549411.203, Florida Statutes, is amended to read:
1550     411.203  Continuum of comprehensive services.-The
1551Department of Education and the Department of Health and
1552Rehabilitative Services shall utilize the continuum of
1553prevention and early assistance services for high-risk pregnant
1554women and for high-risk and handicapped children and their
1555families, as outlined in this section, as a basis for the
1556intraagency and interagency program coordination, monitoring,
1557and analysis required in this chapter. The continuum shall be
1558the guide for the comprehensive statewide approach for services
1559for high-risk pregnant women and for high-risk and handicapped
1560children and their families, and may be expanded or reduced as
1561necessary for the enhancement of those services. Expansion or
1562reduction of the continuum shall be determined by intraagency or
1563interagency findings and agreement, whichever is applicable.
1564Implementation of the continuum shall be based upon applicable
1565eligibility criteria, availability of resources, and interagency
1566prioritization when programs impact both agencies, or upon
1567single agency prioritization when programs impact only one
1568agency. The continuum shall include, but not be limited to:
1569     (8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1570OF HIGH-RISK CHILDREN.-
1571     (b)  Child care and early childhood programs, including,
1572but not limited to, subsidized child care, licensed
1573nonsubsidized child care facilities, family day care homes,
1574therapeutic child care, Head Start, and preschool programs in
1575public and private schools.
1576     Section 20.  Subsection (2) of section 411.221, Florida
1577Statutes, is amended to read:
1578     411.221  Prevention and early assistance strategic plan;
1579agency responsibilities.-
1580     (2)  The strategic plan and subsequent plan revisions shall
1581incorporate and otherwise utilize, to the fullest extent
1582possible, the evaluation findings and recommendations from
1583intraagency, independent third-party, field projects, and
1584reports issued by the Auditor General or the Office of Program
1585Policy Analysis and Government Accountability, as well as the
1586recommendations of the Agency for Workforce Innovation State
1587Coordinating Council for School Readiness Programs.
1588     Section 21.  Paragraph (c) of subsection (4) of section
1589445.024, Florida Statutes, is amended to read:
1590     445.024  Work requirements.-
1591     (4)  PRIORITIZATION OF WORK REQUIREMENTS.-Regional
1592workforce boards shall require participation in work activities
1593to the maximum extent possible, subject to federal and state
1594funding. If funds are projected to be insufficient to allow
1595full-time work activities by all program participants who are
1596required to participate in work activities, regional workforce
1597boards shall screen participants and assign priority based on
1598the following:
1599     (c)  A participant who has access to subsidized or
1600unsubsidized child care services may be assigned priority for
1601work activities.
1602
1603Regional workforce boards may limit a participant's weekly work
1604requirement to the minimum required to meet federal work
1605activity requirements. Regional workforce boards may develop
1606screening and prioritization procedures based on the allocation
1607of resources, the availability of community resources, the
1608provision of supportive services, or the work activity needs of
1609the service area.
1610     Section 22.  Subsection (2) of section 445.030, Florida
1611Statutes, is amended to read:
1612     445.030  Transitional education and training.-In order to
1613assist former recipients of temporary cash assistance who are
1614working or actively seeking employment in continuing their
1615training and upgrading their skills, education, or training,
1616support services may be provided for up to 2 years after the
1617family is no longer receiving temporary cash assistance. This
1618section does not constitute an entitlement to transitional
1619education and training. If funds are not sufficient to provide
1620services under this section, the board of directors of Workforce
1621Florida, Inc., may limit or otherwise prioritize transitional
1622education and training.
1623     (2)  Regional workforce boards may authorize child care or
1624other support services in addition to services provided in
1625conjunction with employment. For example, a participant who is
1626employed full time may receive subsidized child care services
1627related to that employment and may also receive additional
1628subsidized child care services in conjunction with training to
1629upgrade the participant's skills.
1630     Section 23.  Paragraph (a) of subsection (2) of section
1631490.014, Florida Statutes, is amended to read:
1632     490.014  Exemptions.-
1633     (2)  No person shall be required to be licensed or
1634provisionally licensed under this chapter who:
1635     (a)  Is a salaried employee of a government agency; a
1636developmental disability facility or program; a, mental health,
1637alcohol, or drug abuse facility operating under chapter 393,
1638chapter 394, or chapter 397; the statewide subsidized child care
1639program, subsidized child care case management program, or child
1640care resource and referral network program operating under s.
1641411.0101 pursuant to chapter 402; a child-placing or child-
1642caring agency licensed pursuant to chapter 409; a domestic
1643violence center certified pursuant to chapter 39; an accredited
1644academic institution; or a research institution, if such
1645employee is performing duties for which he or she was trained
1646and hired solely within the confines of such agency, facility,
1647or institution, so long as the employee is not held out to the
1648public as a psychologist pursuant to s. 490.012(1)(a).
1649     Section 24.  Paragraph (a) of subsection (4) of section
1650491.014, Florida Statutes, is amended to read:
1651     491.014  Exemptions.-
1652     (4)  No person shall be required to be licensed,
1653provisionally licensed, registered, or certified under this
1654chapter who:
1655     (a)  Is a salaried employee of a government agency; a
1656developmental disability facility or program; a, mental health,
1657alcohol, or drug abuse facility operating under chapter 393,
1658chapter 394, or chapter 397; the statewide subsidized child care
1659program, subsidized child care case management program, or child
1660care resource and referral network program operating under s.
1661411.0101 pursuant to chapter 402; a child-placing or child-
1662caring agency licensed pursuant to chapter 409; a domestic
1663violence center certified pursuant to chapter 39; an accredited
1664academic institution; or a research institution, if such
1665employee is performing duties for which he or she was trained
1666and hired solely within the confines of such agency, facility,
1667or institution, so long as the employee is not held out to the
1668public as a clinical social worker, mental health counselor, or
1669marriage and family therapist.
1670     Section 25.  Subsection (5) of section 1002.53, Florida
1671Statutes, is amended to read:
1672     1002.53  Voluntary Prekindergarten Education Program;
1673eligibility and enrollment.-
1674     (5)  The early learning coalition shall provide each parent
1675enrolling a child in the Voluntary Prekindergarten Education
1676Program with a profile of every private prekindergarten provider
1677and public school delivering the program within the coalition's
1678county where the child is being enrolled or multicounty region.
1679The profiles shall be provided to parents in a format prescribed
1680by the Agency for Workforce Innovation. The profiles must
1681include, at a minimum, the following information about each
1682provider and school:
1683     (a)  The provider's or school's services, curriculum,
1684instructor credentials, and instructor-to-student ratio; and
1685     (b)  The provider's or school's kindergarten readiness rate
1686calculated in accordance with s. 1002.69, based upon the most
1687recent available results of the statewide kindergarten
1688screening.
1689     Section 26.  Paragraph (b) of subsection (3) of section
16901002.55, Florida Statutes, is amended, and subsection (5) is
1691added to that section, to read:
1692     1002.55  School-year prekindergarten program delivered by
1693private prekindergarten providers.-
1694     (3)  To be eligible to deliver the prekindergarten program,
1695a private prekindergarten provider must meet each of the
1696following requirements:
1697     (b)  The private prekindergarten provider must:
1698     1.  Be accredited by an accrediting association that is a
1699member of the National Council for Private School Accreditation,
1700Advance Education, Inc. (AdvancED) the Commission on
1701International and Trans-Regional Accreditation, or the Florida
1702Association of Academic Nonpublic Schools and have written
1703accreditation standards that meet or exceed the state's
1704licensing requirements under s. 402.305, s. 402.313, or s.
1705402.3131 and require at least one onsite visit to the provider
1706or school before accreditation is granted;
1707     2.  Hold a current Gold Seal Quality Care designation under
1708s. 402.281; or
1709     3.  Be licensed under s. 402.305, s. 402.313, or s.
1710402.3131 and demonstrate, before delivering the Voluntary
1711Prekindergarten Education Program, as verified by the early
1712learning coalition, that the provider meets each of the
1713requirements of the program under this part, including, but not
1714limited to, the requirements for credentials and background
1715screenings of prekindergarten instructors under paragraphs (c)
1716and (d), minimum and maximum class sizes under paragraph (f),
1717prekindergarten director credentials under paragraph (g), and a
1718developmentally appropriate curriculum under s. 1002.67(2)(b).
1719     (5)  Notwithstanding paragraph (3)(b), a private
1720prekindergarten provider may not participate in the Voluntary
1721Prekindergarten Education Program if the provider has child
1722disciplinary policies that do not prohibit children from being
1723subjected to discipline that is severe, humiliating,
1724frightening, or associated with food, rest, toileting, spanking,
1725or any other form of physical punishment as provided in s.
1726402.305(12).
1727     Section 27.  Paragraph (c) of subsection (3) of section
17281002.67, Florida Statutes, is amended to read:
1729     1002.67  Performance standards; curricula and
1730accountability.-
1731     (3)
1732     (c)1.  If the kindergarten readiness rate of a private
1733prekindergarten provider or public school falls below the
1734minimum rate adopted by the State Board of Education as
1735satisfactory under s. 1002.69(6), the early learning coalition
1736or school district, as applicable, shall require the provider or
1737school to submit an improvement plan for approval by the
1738coalition or school district, as applicable, and to implement
1739the plan.
1740     2.  If a private prekindergarten provider or public school
1741fails to meet the minimum rate adopted by the State Board of
1742Education as satisfactory under s. 1002.69(6) for 2 consecutive
1743years, the early learning coalition or school district, as
1744applicable, shall place the provider or school on probation and
1745must require the provider or school to take certain corrective
1746actions, including the use of a curriculum approved by the
1747department under paragraph (2)(c).
1748     3.  A private prekindergarten provider or public school
1749that is placed on probation must continue the corrective actions
1750required under subparagraph 2., including the use of a
1751curriculum approved by the department, until the provider or
1752school meets the minimum rate adopted by the State Board of
1753Education as satisfactory under s. 1002.69(6).
1754     4.  If a private prekindergarten provider or public school
1755remains on probation for 2 consecutive years and fails to meet
1756the minimum rate adopted by the State Board of Education as
1757satisfactory under s. 1002.69(6), the Agency for Workforce
1758Innovation shall require the early learning coalition or the
1759Department of Education shall require the school district, as
1760applicable, to remove, as applicable, the provider or school
1761from eligibility to deliver the Voluntary Prekindergarten
1762Education Program and receive state funds for the program.
1763     Section 28.  Paragraph (b) of subsection (6) of section
17641002.71, Florida Statutes, is amended to read:
1765     1002.71  Funding; financial and attendance reporting.-
1766     (6)
1767     (b)1.  Each private prekindergarten provider's and district
1768school board's attendance policy must require the parent of each
1769student in the Voluntary Prekindergarten Education Program to
1770verify, each month, the student's attendance on the prior
1771month's certified student attendance.
1772     2.  The parent must submit the verification of the
1773student's attendance to the private prekindergarten provider or
1774public school on forms prescribed by the Agency for Workforce
1775Innovation. The forms must include, in addition to the
1776verification of the student's attendance, a certification, in
1777substantially the following form, that the parent continues to
1778choose the private prekindergarten provider or public school in
1779accordance with s. 1002.53 and directs that payments for the
1780program be made to the provider or school:
1781
1782
VERIFICATION OF STUDENT'S ATTENDANCE
1783
AND CERTIFICATION OF PARENTAL CHOICE
1784
1785     I, ...(Name of Parent)..., swear (or affirm) that my
1786child,...(Name of Student)..., attended the Voluntary
1787Prekindergarten Education Program on the days listed above and
1788certify that I continue to choose ...(Name of Provider or
1789School)... to deliver the program for my child and direct that
1790program funds be paid to the provider or school for my child.
1791
1792     ...(Signature of Parent)...
1793     ...(Date)...
1794
1795     3.  The private prekindergarten provider or public school
1796must keep each original signed form for at least 2 years. Each
1797private prekindergarten provider must permit the early learning
1798coalition, and each public school must permit the school
1799district, to inspect the original signed forms during normal
1800business hours. The Agency for Workforce Innovation shall adopt
1801procedures for early learning coalitions and school districts to
1802review the original signed forms against the certified student
1803attendance. The review procedures shall provide for the use of
1804selective inspection techniques, including, but not limited to,
1805random sampling. Each early learning coalition and the school
1806districts district must comply with the review procedures.
1807     Section 29.  Paragraph (b) of subsection (4) of section
18081009.64, Florida Statutes, is amended to read:
1809     1009.64  Certified Education Paraprofessional Welfare
1810Transition Program.-
1811     (4)  The agencies shall complete an implementation plan
1812that addresses at least the following recommended components of
1813the program:
1814     (b)  A budget for use of incentive funding to provide
1815motivation to participants to succeed and excel. The budget for
1816incentive funding includes:
1817     1.  Funds allocated by the Legislature directly for the
1818program.
1819     2.  Funds that may be made available from the federal
1820Workforce Investment Act based on client eligibility or
1821requested waivers to make the clients eligible.
1822     3.  Funds made available by implementation strategies that
1823would make maximum use of work supplementation funds authorized
1824by federal law.
1825     4.  Funds authorized by strategies to lengthen
1826participants' eligibility for federal programs such as Medicaid,
1827subsidized child care services, and transportation.
1828
1829Incentives may include a stipend during periods of college
1830classroom training, a bonus and recognition for a high grade-
1831point average, child care and prekindergarten services for
1832children of participants, and services to increase a
1833participant's ability to advance to higher levels of employment.
1834Nonfinancial incentives should include providing a mentor or
1835tutor, and service incentives should continue and increase for
1836any participant who plans to complete the baccalaureate degree
1837and become a certified teacher. Services may be provided in
1838accordance with family choice by community colleges and school
1839district career centers, through family service centers and
1840full-service schools, or under contract with providers through
1841central agencies.
1842     Section 30.  This act shall take effect July 1, 2010.


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