January 21, 2021
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CS/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3F.S.; deleting an obsolete reference to the repealed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5replacing an obsolete reference to a repealed program with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11obsolete reference to a repealed program; amending s.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16402.25, F.S.; updating an obsolete reference to a repealed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21reference to a repealed program; amending s. 402.281,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; authorizing the
38agency to enter into contracts and adopt rules; amending
39s. 402.313, F.S.; deleting obsolete provisions authorizing
40the department to license family day care homes
41participating in a repealed program; repealing s.
42402.3135, F.S., relating to the subsidized child care
43program case management program; transferring,
44renumbering, and amending s. 402.3145, F.S.; transferring
45administration of certain transportation services for
46children at risk of abuse or neglect from the department
47to the agency; revising requirements for the provision of
48such transportation services; amending s. 402.315, F.S.;
49revising provisions relating to fees collected for child
50care facilities; amending s. 402.45, F.S.; updating an
51obsolete reference relating to a former council; directing
52the Department of Health to consult with the agency
53regarding certain training provided for contractors of the
54community resource mother or father program; amending s.
55409.1671, F.S.; clarifying that a licensed foster home may
56be dually licensed as a family day care home or large
57family child care home and receive certain payments for
58the same child; deleting an obsolete reference to a
59repealed program; amending s. 411.01, F.S.; revising
60provisions relating to the School Readiness Act; revising
61legislative intent; revising the duties and
62responsibilities of the Agency for Workforce Innovation;
63revising provisions for school readiness plans; specifying
64that certain program providers' compliance with licensing
65standards satisfies certain health screening requirements;
66requiring early learning coalitions to maintain certain
67direct enhancement services; deleting obsolete provisions
68relating to the merger of early learning coalitions;
69revising provisions for the membership of early learning
70coalitions and the voting privileges of such members;
71revising requirements for parental choice; directing the
72agency to establish a formula for allocating school
73readiness funds to each county; providing for legislative
74notice and review of the formula; amending s. 411.0101,
75F.S.; revising requirements for services provided by the
76statewide child care resource and referral network;
77updating obsolete references to repealed programs;
78amending s. 411.0102, F.S.; revising provisions relating
79to the Child Care Executive Partnership Act; updating
80obsolete references to repealed programs; deleting
81provisions relating to the duties of each early coalition
82board; amending s. 411.203, F.S.; deleting an obsolete
83reference to a repealed program; conforming provisions;
84amending s. 411.221, F.S.; updating an obsolete reference
85to a former council; amending ss. 445.024, 445.030,
86490.014, and 491.014, F.S.; deleting obsolete references
87to repealed programs; conforming provisions to the repeal
88of the subsidized child care case management program;
89amending ss. 1002.53, 1002.55, 1002.67, and 1002.71, F.S.;
90revising provisions relating to the eligibility
91requirements for private prekindergarten providers;
92conforming provisions to changes made by the act; amending
93s. 1002.69, F.S.; authorizing the State Board of Education
94to grant good cause exemptions from private
95prekindergarten providers' and private schools'
96ineligibility to deliver the Voluntary Prekindergarten
97Education Program under certain circumstances; amending s.
981002.73, F.S.; authorizing the Department of Education to
99adopt procedures for the granting of good cause
100exemptions; amending s. 1009.64, F.S.; deleting an
101obsolete reference to a repealed program; providing an
102effective date.
103
104Be It Enacted by the Legislature of the State of Florida:
105
106     Section 1.  Subsection (7) of section 39.0121, Florida
107Statutes, is amended to read:
108     39.0121  Specific rulemaking authority.-Pursuant to the
109requirements of s. 120.536, the department is specifically
110authorized to adopt, amend, and repeal administrative rules
111which implement or interpret law or policy, or describe the
112procedure and practice requirements necessary to implement this
113chapter, including, but not limited to, the following:
114     (7)  Federal funding requirements and procedures; foster
115care and adoption subsidies; and subsidized independent living;
116and subsidized child care.
117     Section 2.  Paragraph (a) of subsection (2) of section
11839.202, Florida Statutes, is amended to read:
119     39.202  Confidentiality of reports and records in cases of
120child abuse or neglect.-
121     (2)  Except as provided in subsection (4), access to such
122records, excluding the name of the reporter which shall be
123released only as provided in subsection (5), shall be granted
124only to the following persons, officials, and agencies:
125     (a)  Employees, authorized agents, or contract providers of
126the department, the Department of Health, the Agency for Persons
127with Disabilities, or county agencies responsible for carrying
128out:
129     1.  Child or adult protective investigations;
130     2.  Ongoing child or adult protective services;
131     3.  Early intervention and prevention services;
132     4.  Healthy Start services;
133     5.  Licensure or approval of adoptive homes, foster homes,
134child care facilities, facilities licensed under chapter 393, or
135family day care homes or informal child care providers who
136receive school readiness subsidized child care funding, or other
137homes used to provide for the care and welfare of children; or
138     6.  Services for victims of domestic violence when provided
139by certified domestic violence centers working at the
140department's request as case consultants or with shared clients.
141
142Also, employees or agents of the Department of Juvenile Justice
143responsible for the provision of services to children, pursuant
144to chapters 984 and 985.
145     Section 3.  Paragraph (f) of subsection (2) of section
14639.5085, Florida Statutes, is amended to read:
147     39.5085  Relative Caregiver Program.-
148     (2)
149     (f)  Within available funding, the Relative Caregiver
150Program shall provide relative caregivers with family support
151and preservation services, flexible funds in accordance with s.
152409.165, school readiness subsidized child care, and other
153available services in order to support the child's safety,
154growth, and healthy development. Children living with relative
155caregivers who are receiving assistance under this section shall
156be eligible for Medicaid coverage.
157     Section 4.  Paragraph (b) of subsection (1) and subsection
158(2) of section 383.14, Florida Statutes, are amended to read:
159     383.14  Screening for metabolic disorders, other hereditary
160and congenital disorders, and environmental risk factors.-
161     (1)  SCREENING REQUIREMENTS.-To help ensure access to the
162maternal and child health care system, the Department of Health
163shall promote the screening of all newborns born in Florida for
164metabolic, hereditary, and congenital disorders known to result
165in significant impairment of health or intellect, as screening
166programs accepted by current medical practice become available
167and practical in the judgment of the department. The department
168shall also promote the identification and screening of all
169newborns in this state and their families for environmental risk
170factors such as low income, poor education, maternal and family
171stress, emotional instability, substance abuse, and other high-
172risk conditions associated with increased risk of infant
173mortality and morbidity to provide early intervention,
174remediation, and prevention services, including, but not limited
175to, parent support and training programs, home visitation, and
176case management. Identification, perinatal screening, and
177intervention efforts shall begin prior to and immediately
178following the birth of the child by the attending health care
179provider. Such efforts shall be conducted in hospitals,
180perinatal centers, county health departments, school health
181programs that provide prenatal care, and birthing centers, and
182reported to the Office of Vital Statistics.
183     (b)  Postnatal screening.-A risk factor analysis using the
184department's designated risk assessment instrument shall also be
185conducted as part of the medical screening process upon the
186birth of a child and submitted to the department's Office of
187Vital Statistics for recording and other purposes provided for
188in this chapter. The department's screening process for risk
189assessment shall include a scoring mechanism and procedures that
190establish thresholds for notification, further assessment,
191referral, and eligibility for services by professionals or
192paraprofessionals consistent with the level of risk. Procedures
193for developing and using the screening instrument, notification,
194referral, and care coordination services, reporting
195requirements, management information, and maintenance of a
196computer-driven registry in the Office of Vital Statistics which
197ensures privacy safeguards must be consistent with the
198provisions and plans established under chapter 411, Pub. L. No.
19999-457, and this chapter. Procedures established for reporting
200information and maintaining a confidential registry must include
201a mechanism for a centralized information depository at the
202state and county levels. The department shall coordinate with
203existing risk assessment systems and information registries. The
204department must ensure, to the maximum extent possible, that the
205screening information registry is integrated with the
206department's automated data systems, including the Florida On-
207line Recipient Integrated Data Access (FLORIDA) system. Tests
208and screenings must be performed by the State Public Health
209Laboratory, in coordination with Children's Medical Services, at
210such times and in such manner as is prescribed by the department
211after consultation with the Genetics and Infant Screening
212Advisory Council and the Agency for Workforce Innovation State
213Coordinating Council for School Readiness Programs.
214     (2)  RULES.-After consultation with the Genetics and
215Newborn Screening Advisory Council, the department shall adopt
216and enforce rules requiring that every newborn in this state
217shall, prior to becoming 1 week of age, be subjected to a test
218for phenylketonuria and, at the appropriate age, be tested for
219such other metabolic diseases and hereditary or congenital
220disorders as the department may deem necessary from time to
221time. After consultation with the Agency for Workforce
222Innovation State Coordinating Council for School Readiness
223Programs, the department shall also adopt and enforce rules
224requiring every newborn in this state to be screened for
225environmental risk factors that place children and their
226families at risk for increased morbidity, mortality, and other
227negative outcomes. The department shall adopt such additional
228rules as are found necessary for the administration of this
229section and s. 383.145, including rules providing definitions of
230terms, rules relating to the methods used and time or times for
231testing as accepted medical practice indicates, rules relating
232to charging and collecting fees for the administration of the
233newborn screening program authorized by this section, rules for
234processing requests and releasing test and screening results,
235and rules requiring mandatory reporting of the results of tests
236and screenings for these conditions to the department.
237     Section 5.  Section 402.25, Florida Statutes, is
238transferred, renumbered as section 411.0106, Florida Statutes,
239and amended to read:
240     411.0106 402.25  Infants and toddlers in state-funded
241education and care programs; brain development activities.-Each
242state-funded education and care program for children from birth
243to 5 years of age must provide activities to foster brain
244development in infants and toddlers. A program must provide an
245environment that helps children attain the performance standards
246adopted by the Agency for Workforce Innovation under s.
247411.01(4)(d)8. and must be rich in language and music and filled
248with objects of various colors, shapes, textures, and sizes to
249stimulate visual, tactile, auditory, and linguistic senses in
250the children and must include classical music and at least 30
251minutes of reading to the children each day. A program may be
252offered through an existing early childhood program such as
253Healthy Start, the Title I program, the school readiness program
254contracted or directly operated subsidized child care, the
255prekindergarten early intervention program, Florida First Start,
256the Head Start program, or a private child care program. A
257program must provide training for the infants' and toddlers'
258parents including direct dialogue and interaction between
259teachers and parents demonstrating the urgency of brain
260development in the first year of a child's life. Family day care
261centers are encouraged, but not required, to comply with this
262section.
263     Section 6.  Subsection (5) of section 402.26, Florida
264Statutes, is amended to read:
265     402.26  Child care; legislative intent.-
266     (5)  It is the further intent of the Legislature to provide
267and make accessible child care opportunities for children at
268risk, economically disadvantaged children, and other children
269traditionally disenfranchised from society. In achieving this
270intent, the Legislature shall develop a school readiness program
271subsidized child care system, a range of child care options,
272support services, and linkages with other programs to fully meet
273the child care needs of this population.
274     Section 7.  Subsection (2) of section 402.281, Florida
275Statutes, is amended to read:
276     402.281  Gold Seal Quality Care program.-
277     (2)  In developing the Gold Seal Quality Care program
278standards, the department shall consult with the Department of
279Education, the Agency for Workforce Innovation, the Florida Head
280Start Directors Association, the Florida Association of Child
281Care Management, the Florida Family Day Care Association, the
282Florida Children's Forum, the State Coordinating Council for
283School Readiness Programs, the Early Childhood Association of
284Florida, the National Association for Child Development
285Education Alliance, providers receiving exemptions under s.
286402.316, and parents, for the purpose of approving the
287accrediting associations.
288     Section 8.  Section 402.3016, Florida Statutes, is
289transferred and renumbered as section 411.0104, Florida
290Statutes.
291     Section 9.  Section 402.3018, Florida Statutes, is
292transferred, renumbered as section 411.01015, Florida Statutes,
293and amended to read:
294     411.01015 402.3018  Consultation to child care centers and
295family day care homes regarding health, developmental,
296disability, and special needs issues.-
297     (1)  Contingent upon specific appropriations, the Agency
298for Workforce Innovation shall administer department is directed
299to contract with the statewide resource information and referral
300agency for a statewide toll-free Warm-Line for the purpose of
301providing assistance and consultation to child care centers and
302family day care homes regarding health, developmental,
303disability, and special needs issues of the children they are
304serving, particularly children with disabilities and other
305special needs.
306     (2)  The purpose of the Warm-Line is to provide advice to
307child care personnel concerning strategies, curriculum, and
308environmental adaptations that allow a child with a disability
309or special need to derive maximum benefit from the child care
310services experience.
311     (3)  The Agency for Workforce Innovation department shall
312annually inform child care centers and family day care homes of
313the availability of this service through the child care resource
314and referral network under s. 411.0101, on an annual basis.
315     (4)  Contingent upon specific appropriations, the Agency
316for Workforce Innovation department shall expand, or contract
317for the expansion of, the Warm-Line to maintain at least one
318Warm-Line site in each early learning coalition service area
319from one statewide site to one Warm-Line site in each child care
320resource and referral agency region.
321     (5)  Each regional Warm-Line shall provide assistance and
322consultation to child care centers and family day care homes
323regarding health, developmental, disability, and special needs
324issues of the children they are serving, particularly children
325with disabilities and other special needs. Regional Warm-Line
326staff shall provide onsite technical assistance, when requested,
327to assist child care centers and family day care homes with
328inquiries relative to the strategies, curriculum, and
329environmental adaptations the child care centers and family day
330care homes may need as they serve children with disabilities and
331other special needs.
332     Section 10.  Section 402.3051, Florida Statutes, is
333transferred, renumbered as section 411.01013, Florida Statutes,
334and amended to read:
335(Substantial rewording of section. See
336s. 402.3051, F.S., for present text.)
337     411.01013  Prevailing market rate schedule.-
338     (1)  As used in this section, the term:
339     (a)  "Market rate" means the price that a child care
340provider charges for daily, weekly, or monthly child care
341services.
342     (b)  "Prevailing market rate" means the annually determined
34375th percentile of a reasonable frequency distribution of the
344market rate in a predetermined geographic market at which child
345care providers charge a person for child care services.
346     (2)  The Agency for Workforce Innovation shall establish
347procedures for the adoption of a prevailing market rate
348schedule. The schedule must include, at a minimum, county-by-
349county rates:
350     (a)  At the prevailing market rate, plus the maximum rate,
351for child care providers that hold a Gold Seal Quality Care
352designation under s. 402.281.
353     (b)  At the prevailing market rate for child care providers
354that do not hold a Gold Seal Quality Care designation.
355     (3)  The prevailing market rate schedule, at a minimum,
356must:
357     (a)  Differentiate rates by type, including, but not
358limited to, a child care provider that holds a Gold Seal Quality
359Care designation under s. 402.281, a child care facility
360licensed under s. 402.305, a public or nonpublic school exempt
361from licensure under s. 402.3025, a faith-based child care
362facility exempt from licensure under s. 402.316 that does not
363hold a Gold Seal Quality Care designation, a large family child
364care home licensed under s. 402.3131, a family day care home
365licensed or registered under s. 402.313, or an after-school
366program that is not defined as child care under rules adopted
367pursuant to s. 402.3045.
368     (b)  Differentiate rates by the type of child care services
369provided for children with special needs or risk categories,
370infants, toddlers, preschool-age children, and school-age
371children.
372     (c)  Differentiate rates between full-time and part-time
373child care services.
374     (d)  Consider discounted rates for child care services for
375multiple children in a single family.
376     (4)  The prevailing market rate schedule must be based
377exclusively on the prices charged for child care services. If a
378conflict exists between this subsection and federal
379requirements, the federal requirements shall control.
380     (5)  The Agency for Workforce Innovation may contract with
381one or more qualified entities to administer this section and
382provide support and technical assistance for child care
383providers.
384     (6)  The Agency for Workforce Innovation may adopt rules
385pursuant to ss. 120.536(1) and 120.54 to administer this
386section.
387     Section 11.  Subsection (1) of section 402.313, Florida
388Statutes, is amended to read:
389     402.313  Family day care homes.-
390     (1)  Family day care homes shall be licensed under this act
391if they are presently being licensed under an existing county
392licensing ordinance, if they are participating in the subsidized
393child care program, or if the board of county commissioners
394passes a resolution that family day care homes be licensed. If
395no county authority exists for the licensing of a family day
396care home, the department shall have the authority to license
397family day care homes under contract for the purchase-of-service
398system in the subsidized child care program.
399     (a)  If not subject to license, family day care homes shall
400register annually with the department, providing the following
401information:
402     1.  The name and address of the home.
403     2.  The name of the operator.
404     3.  The number of children served.
405     4.  Proof of a written plan to provide at least one other
406competent adult to be available to substitute for the operator
407in an emergency. This plan shall include the name, address, and
408telephone number of the designated substitute.
409     5.  Proof of screening and background checks.
410     6.  Proof of successful completion of the 30-hour training
411course, as evidenced by passage of a competency examination,
412which shall include:
413     a.  State and local rules and regulations that govern child
414care.
415     b.  Health, safety, and nutrition.
416     c.  Identifying and reporting child abuse and neglect.
417     d.  Child development, including typical and atypical
418language development; and cognitive, motor, social, and self-
419help skills development.
420     e.  Observation of developmental behaviors, including using
421a checklist or other similar observation tools and techniques to
422determine a child's developmental level.
423     f.  Specialized areas, including early literacy and
424language development of children from birth to 5 years of age,
425as determined by the department, for owner-operators of family
426day care homes.
427     7.  Proof that immunization records are kept current.
428     8.  Proof of completion of the required continuing
429education units or clock hours.
430     (b)  A family day care home not participating in the
431subsidized child care program may volunteer to be licensed under
432the provisions of this act.
433     (c)  The department may provide technical assistance to
434counties and family day care home providers to enable counties
435and family day care providers to achieve compliance with family
436day care homes standards.
437     Section 12.  Section 402.3135, Florida Statutes, is
438repealed.
439     Section 13.  Section 402.3145, Florida Statutes, is
440transferred, renumbered as section 411.01014, Florida Statutes,
441and amended to read:
442     411.01014 402.3145  School readiness Subsidized child care
443transportation services program.-
444     (1)  The Agency for Workforce Innovation department,
445pursuant to chapter 427, shall establish school readiness a
446subsidized child care transportation services system for
447children at risk of abuse or neglect participating in the school
448readiness subsidized child care program. The early learning
449coalitions may state community child care coordination agencies
450shall contract for the provision of transportation services as
451required by this section.
452     (2)  The transportation servicers may only system shall
453provide transportation to each child participating in the school
454readiness program to the extent that such subsidized child care
455when, and only when, transportation is necessary to provide
456child care opportunities that which otherwise would not be
457available to a child whose home is more than a reasonable
458walking distance from the nearest child care facility or family
459day care home.
460     Section 14.  Subsection (3) of section 402.315, Florida
461Statutes, is amended to read:
462     402.315  Funding; license fees.-
463     (3)  The department shall collect a fee for any license it
464issues for a child care facility, family day care home, or large
465family child care home pursuant to ss. 402.305, 402.313, and
466402.3131 s. 402.308.
467     (a)  For a child care facility licensed pursuant to s.
468402.305, such fee shall be $1 per child based on the licensed
469capacity of the facility, except that the minimum fee shall be
470$25 per facility center and the maximum fee shall be $100 per
471facility center.
472     (b)  For a family day care home registered pursuant to s.
473402.313, such fee shall be $25.
474     (c)  For a family day care home licensed pursuant to s.
475402.313, such fee shall be $50.
476     (d)  For a large family child care home licensed pursuant
477to s. 402.3131, such fee shall be $60.
478     Section 15.  Subsection (6) of section 402.45, Florida
479Statutes, is amended to read:
480     402.45  Community resource mother or father program.-
481     (6)  Individuals under contract to provide community
482resource mother or father services shall participate in
483preservice and ongoing training as determined by the Department
484of Health in consultation with the Agency for Workforce
485Innovation State Coordinating Council for School Readiness
486Programs. A community resource mother or father shall not be
487assigned a client caseload until all preservice training
488requirements are completed.
489     Section 16.  Paragraph (c) of subsection (5) of section
490409.1671, Florida Statutes, is amended to read:
491     409.1671  Foster care and related services; outsourcing.-
492     (5)
493     (c)  A foster home dually licensed home under s. 409.175
494may this section shall be dually licensed as a family day care
495home or large family child care home under chapter 402 and may
496eligible to receive a foster care maintenance both an out-of-
497home care payment and, to the extent permitted under federal
498law, school readiness funding a subsidized child care payment
499for the same child pursuant to federal law. The department may
500adopt administrative rules necessary to administer this
501paragraph.
502     Section 17.  Paragraphs (a), (d), (e), (f), (g), and (h) of
503subsection (2) and subsections (4) through (11) of section
504411.01, Florida Statutes, are amended to read:
505     411.01  School readiness programs; early learning
506coalitions.-
507     (2)  LEGISLATIVE INTENT.-
508     (a)  The Legislature recognizes that school readiness
509programs increase children's chances of achieving future
510educational success and becoming productive members of society.
511It is the intent of the Legislature that the programs be
512developmentally appropriate, research-based, involve the parent
513parents as a their child's first teacher, serve as preventive
514measures for children at risk of future school failure, enhance
515the educational readiness of eligible children, and support
516family education. Each school readiness program shall provide
517the elements necessary to prepare at-risk children for school,
518including health screening and referral and an appropriate
519educational program.
520     (d)  It is the intent of the Legislature that the
521administrative staff at the state level for school readiness
522programs be kept to the minimum necessary to administer the
523duties of the Agency for Workforce Innovation and early learning
524coalitions. The Agency for Workforce Innovation shall implement
525system support services at the state level to build a
526comprehensive early learning system, as the school readiness
527programs are to be regionally designed, operated, and managed,
528with the Agency for Workforce Innovation developing school
529readiness program performance standards and outcome measures and
530approving and reviewing early learning coalitions and school
531readiness plans.
532     (e)  It is the intent of the Legislature that
533appropriations for combined school readiness programs shall not
534be less than the programs would receive in any fiscal year on an
535uncombined basis.
536     (e)(f)  It is the intent of the Legislature that the school
537readiness program coordinate and operate in conjunction with the
538district school systems. However, it is also the intent of the
539Legislature that the school readiness program not be construed
540as part of the system of free public schools but rather as a
541separate program for children under the age of kindergarten
542eligibility, funded separately from the system of free public
543schools, utilizing a mandatory sliding fee scale, and providing
544an integrated and seamless system of school readiness services
545for the state's birth-to-kindergarten population.
546     (g)  It is the intent of the Legislature that the federal
547child care income tax credit be preserved for school readiness
548programs.
549     (f)(h)  It is the intent of the Legislature that school
550readiness services shall be an integrated and seamless program
551system of services with a developmentally appropriate education
552component for the state's eligible birth-to-kindergarten
553population described in subsection (6) and shall not be
554construed as part of the seamless K-20 education system.
555     (4)  AGENCY FOR WORKFORCE INNOVATION.-
556     (a)  The Agency for Workforce Innovation shall administer
557school readiness programs at the state level and shall
558coordinate with the early learning coalitions in providing
559school readiness services on a full-day, full-year, full-choice
560basis to the extent possible in order to enable parents to work
561and be financially self-sufficient.
562     (b)  The Agency for Workforce Innovation shall:
563     1.  Coordinate the birth-to-kindergarten services for
564children who are eligible under subsection (6) and the
565programmatic, administrative, and fiscal standards under this
566section for all public providers of school readiness programs.
567     2.  Continue to provide unified leadership for school
568readiness through early learning coalitions.
569     2.3.  Focus on improving the educational quality of all
570program providers participating in publicly funded school
571readiness programs.
572     (c)  The Governor shall designate the Agency for Workforce
573Innovation as the lead agency for purposes of administration of
574the federal Child Care and Development Fund, 45 C.F.R. parts 98
575and 99, and the agency for Workforce Innovation may be
576designated by the Governor as the lead agency and, if so
577designated, shall comply with the lead agency responsibilities
578under federal law.
579     (d)  The Agency for Workforce Innovation shall:
580     1.  Be responsible for the prudent use of all public and
581private funds in accordance with all legal and contractual
582requirements.
583     2.  Provide final approval and every 2 years periodic
584review of early learning coalitions and school readiness plans.
585     3.  Establish Provide leadership for the enhancement of
586school readiness in this state by aggressively establishing a
587unified approach to the state's efforts toward enhancement of
588school readiness. In support of this effort, the Agency for
589Workforce Innovation shall adopt may develop and implement
590specific system support service strategies that address the
591state's school readiness programs. An early learning coalition
592shall amend its school readiness plan to conform to the specific
593system support service strategies adopted by the Agency for
594Workforce Innovation. System support services shall include, but
595are not limited to:
596     a.  Child care resource and referral services;
597     b.  Warm-Line services;
598     c.  Eligibility determinations;
599     d.  Child performance standards;
600     e.  Child screening and assessment;
601     f.  Developmentally appropriate curricula;
602     g.  Health and safety requirements;
603     h.  Statewide data system requirements; and
604     i.  Rating and improvement systems.
605     4.  Safeguard the effective use of federal, state, local,
606and private resources to achieve the highest possible level of
607school readiness for the children in this state.
608     5.  Adopt a rule establishing criteria for the expenditure
609of funds designated for the purpose of funding activities to
610improve the quality of child care within the state in accordance
611with s. 658G of the federal Child Care and Development Block
612Grant Act.
613     6.5.  Provide technical assistance to early learning
614coalitions in a manner determined by the Agency for Workforce
615Innovation based upon information obtained by the agency from
616various sources, including, but not limited to, public input,
617government reports, private interest group reports, agency
618monitoring visits, and coalition requests for service.
619     7.  In cooperation with the Department of Education and
620early learning coalitions, coordinate with the Child Care
621Services Program Office of the Department of Children and Family
622Services to minimize duplicating interagency activities, health
623and safety monitoring, and acquiring and composing data
624pertaining to child care training and credentialing.
625     6.  Assess gaps in service.
626     7.  Provide technical assistance to counties that form a
627multicounty region served by an early learning coalition.
628     8.  Develop and adopt performance standards and outcome
629measures for school readiness programs. The performance
630standards must address the age-appropriate progress of children
631in the development of the school readiness skills required under
632paragraph (j). The performance standards for children from birth
633to 5 3 years of age in school readiness programs must be
634integrated with the performance standards adopted by the
635Department of Education for children in the Voluntary
636Prekindergarten Education Program under s. 1002.67.
637     9.  Adopt a standard contract that must be used by the
638coalitions when contracting with school readiness providers.
639     (e)  The Agency for Workforce Innovation may adopt rules
640under ss. 120.536(1) and 120.54 to administer the provisions of
641law conferring duties upon the agency, including, but not
642limited to, rules governing the administration of system support
643services preparation and implementation of the school readiness
644programs system, the collection of data, the approval of early
645learning coalitions and school readiness plans, the provision of
646a method whereby an early learning coalition may serve two or
647more counties, the award of incentives to early learning
648coalitions, child performance standards, child outcome measures,
649and the issuance of waivers, and the implementation of the
650state's Child Care and Development Fund Plan as approved by the
651federal Administration for Children and Families.
652     (f)  The Agency for Workforce Innovation shall have all
653powers necessary to administer this section, including, but not
654limited to, the power to receive and accept grants, loans, or
655advances of funds from any public or private agency and to
656receive and accept from any source contributions of money,
657property, labor, or any other thing of value, to be held, used,
658and applied for purposes of this section.
659     (g)  Except as provided by law, the Agency for Workforce
660Innovation may not impose requirements on a child care or early
661childhood education provider that does not deliver services
662under the a school readiness programs program or receive state
663or federal funds under this section.
664     (h)  The Agency for Workforce Innovation shall have a
665budget for the school readiness programs system, which shall be
666financed through an annual appropriation made for purposes of
667this section in the General Appropriations Act.
668     (i)  The Agency for Workforce Innovation shall coordinate
669the efforts toward school readiness in this state and provide
670independent policy analyses, data analyses, and recommendations
671to the Governor, the State Board of Education, and the
672Legislature.
673     (j)  The Agency for Workforce Innovation shall require that
674each early learning coalition's school readiness programs
675program must, at a minimum, enhance the age-appropriate progress
676of each child in attaining the performance standards adopted
677under subparagraph (d)8. and in the development of the following
678school readiness skills:
679     1.  Compliance with rules, limitations, and routines.
680     2.  Ability to perform tasks.
681     3.  Interactions with adults.
682     4.  Interactions with peers.
683     5.  Ability to cope with challenges.
684     6.  Self-help skills.
685     7.  Ability to express the child's needs.
686     8.  Verbal communication skills.
687     9.  Problem-solving skills.
688     10.  Following of verbal directions.
689     11.  Demonstration of curiosity, persistence, and
690exploratory behavior.
691     12.  Interest in books and other printed materials.
692     13.  Paying attention to stories.
693     14.  Participation in art and music activities.
694     15.  Ability to identify colors, geometric shapes, letters
695of the alphabet, numbers, and spatial and temporal
696relationships.
697
698Within 30 days after enrollment The Agency for Workforce
699Innovation shall also require that, before a child is enrolled
700in the an early learning coalition's school readiness program,
701the early learning coalition must ensure that the program
702provider obtains information is obtained by the coalition or the
703school readiness provider regarding the child's immunizations,
704physical development, and other health requirements as
705necessary, including appropriate vision and hearing screening
706and examinations. For a program provider licensed by the
707Department of Children and Family Services, the provider's
708compliance with s. 402.305(9), as verified pursuant to s.
709402.311, shall satisfy this requirement.
710     (k)  The Agency for Workforce Innovation shall conduct
711studies and planning activities related to the overall
712improvement and effectiveness of the outcome measures adopted by
713the agency for school readiness programs and the specific system
714support service strategies to address the state's school
715readiness programs adopted by the Agency for Workforce
716Innovation in accordance with subparagraph (d)3.
717     (l)  The Agency for Workforce Innovation shall monitor and
718evaluate the performance of each early learning coalition in
719administering the school readiness program, implementing the
720coalition's school readiness plan, and administering the
721Voluntary Prekindergarten Education Program. These monitoring
722and performance evaluations must include, at a minimum, onsite
723monitoring of each coalition's finances, management, operations,
724and programs.
725     (m)  The Agency for Workforce Innovation shall identify
726best practices of early learning coalitions in order to improve
727the outcomes of school readiness programs.
728     (m)(n)  The Agency for Workforce Innovation shall submit an
729annual report of its activities conducted under this section to
730the Governor, the executive director of the Florida Healthy Kids
731Corporation, the President of the Senate, the Speaker of the
732House of Representatives, and the minority leaders of both
733houses of the Legislature. In addition, the Agency for Workforce
734Innovation's reports and recommendations shall be made available
735to the State Board of Education, the Florida Early Learning
736Advisory Council and, other appropriate state agencies and
737entities, district school boards, central agencies, and county
738health departments. The annual report must provide an analysis
739of school readiness activities across the state, including the
740number of children who were served in the programs.
741     (n)(o)  The Agency for Workforce Innovation shall work with
742the early learning coalitions to ensure availability of training
743and support for parental increase parents' training for and
744involvement in their children's early preschool education and to
745provide family literacy activities and services programs.
746     (5)  CREATION OF EARLY LEARNING COALITIONS.-
747     (a)  Early learning coalitions.-
748     1.  Each early learning coalition shall maintain direct
749enhancement services at the local level and ensure access to
750such services in each county.
751     2.1.  The Agency for Workforce Innovation shall establish
752the minimum number of children to be served by each early
753learning coalition through the coalition's school readiness
754program. The Agency for Workforce Innovation may only approve
755school readiness plans in accordance with this minimum number.
756The minimum number must be uniform for every early learning
757coalition and must:
758     a.  Permit 31 30 or fewer coalitions to be established; and
759     b.  Require each coalition to serve at least 2,000 children
760based upon the average number of all children served per month
761through the coalition's school readiness program during the
762previous 12 months.
763
764The Agency for Workforce Innovation shall adopt procedures for
765merging early learning coalitions, including procedures for the
766consolidation of merging coalitions, and for the early
767termination of the terms of coalition members which are
768necessary to accomplish the mergers. Each early learning
769coalition must comply with the merger procedures and shall be
770organized in accordance with this subparagraph by April 1, 2005.
771By June 30, 2005, each coalition must complete the transfer of
772powers, duties, functions, rules, records, personnel, property,
773and unexpended balances of appropriations, allocations, and
774other funds to the successor coalition, if applicable.
775     3.2.  If an early learning coalition would serve fewer
776children than the minimum number established under subparagraph
7772. 1., the coalition must merge with another county to form a
778multicounty coalition. The Agency for Workforce Innovation shall
779adopt procedures for merging early learning coalitions,
780including procedures for the consolidation of merging
781coalitions, and for the early termination of the terms of
782coalition members which are necessary to accomplish the mergers.
783However, the Agency for Workforce Innovation may authorize an
784early learning coalition to serve fewer children than the
785minimum number established under subparagraph 1., if:
786     a.  The coalition demonstrates to the Agency for Workforce
787Innovation that merging with another county or multicounty
788region contiguous to the coalition would cause an extreme
789hardship on the coalition;
790     b.  The Agency for Workforce Innovation has determined
791during the most recent annual review of the coalition's school
792readiness plan, or through monitoring and performance
793evaluations conducted under paragraph (4)(l), that the coalition
794has substantially implemented its plan and substantially met the
795performance standards and outcome measures adopted by the
796agency; and
797     c.  The coalition demonstrates to the Agency for Workforce
798Innovation the coalition's ability to effectively and
799efficiently implement the Voluntary Prekindergarten Education
800Program.
801
802If an early learning coalition fails or refuses to merge as
803required by this subparagraph, the Agency for Workforce
804Innovation may dissolve the coalition and temporarily contract
805with a qualified entity to continue school readiness and
806prekindergarten services in the coalition's county or
807multicounty region until the agency reestablishes the coalition
808and a new is reestablished through resubmission of a school
809readiness plan is approved and approval by the agency.
810     3.  Notwithstanding the provisions of subparagraphs 1. and
8112., the early learning coalitions in Sarasota, Osceola, and
812Santa Rosa Counties which were in operation on January 1, 2005,
813are established and authorized to continue operation as
814independent coalitions, and shall not be counted within the
815limit of 30 coalitions established in subparagraph 1.
816     4.  Each early learning coalition shall be composed of at
817least 15 18 members but not more than 30 35 members. The Agency
818for Workforce Innovation shall adopt standards establishing
819within this range the minimum and maximum number of members that
820may be appointed to an early learning coalition and procedures
821for identifying which members have voting privileges under
822subparagraph 6. These standards must include variations for a
823coalition serving a multicounty region. Each early learning
824coalition must comply with these standards.
825     5.  The Governor shall appoint the chair and two other
826members of each early learning coalition, who must each meet the
827same qualifications as private sector business members appointed
828by the coalition under subparagraph 7.
829     6.  Each early learning coalition must include the
830following member positions; however, in a multicounty coalition,
831each ex officio member position may be filled by multiple
832nonvoting members but no more than one voting member shall be
833seated per member position. If an early learning coalition has
834more than one member representing the same entity, only one of
835such members may serve as a voting member members:
836     a.  A Department of Children and Family Services circuit
837district administrator or his or her designee who is authorized
838to make decisions on behalf of the department.
839     b.  A district superintendent of schools or his or her
840designee who is authorized to make decisions on behalf of the
841district, who shall be a nonvoting member.
842     c.  A regional workforce board executive director or his or
843her designee.
844     d.  A county health department director or his or her
845designee.
846     e.  A children's services council or juvenile welfare board
847chair or executive director, if applicable, who shall be a
848nonvoting member if the council or board is the fiscal agent of
849the coalition or if the council or board contracts with and
850receives funds from the coalition for any purpose other than
851rent.
852     f.  An agency head of a local licensing agency as defined
853in s. 402.302, where applicable.
854     g.  A president of a community college or his or her
855designee.
856     h.  One member appointed by a board of county commissioners
857or the governing board of a municipality.
858     i.  A central agency administrator, where applicable, who
859shall be a nonvoting member.
860     i.j.  A Head Start director, who shall be a nonvoting
861member.
862     j.k.  A representative of private for-profit child care
863providers, including private for-profit family day care homes,
864who shall be a nonvoting member.
865     k.l.  A representative of faith-based child care providers,
866who shall be a nonvoting member.
867     l.m.  A representative of programs for children with
868disabilities under the federal Individuals with Disabilities
869Education Act, who shall be a nonvoting member.
870     7.  Including the members appointed by the Governor under
871subparagraph 5., more than one-third of the members of each
872early learning coalition must be private sector business members
873who do not have, and none of whose relatives as defined in s.
874112.3143 has, a substantial financial interest in the design or
875delivery of the Voluntary Prekindergarten Education Program
876created under part V of chapter 1002 or the coalition's school
877readiness program. To meet this requirement an early learning
878coalition must appoint additional members from a list of
879nominees submitted to the coalition by a chamber of commerce or
880economic development council within the geographic region served
881by the coalition. The Agency for Workforce Innovation shall
882establish criteria for appointing private sector business
883members. These criteria must include standards for determining
884whether a member or relative has a substantial financial
885interest in the design or delivery of the Voluntary
886Prekindergarten Education Program or the coalition's school
887readiness program.
888     8.  A majority of the voting membership of an early
889learning coalition constitutes a quorum required to conduct the
890business of the coalition. An early learning coalition board may
891use any method of telecommunications to conduct meetings,
892including establishing a quorum through telecommunications,
893provided that the public is given proper notice of a
894telecommunications meeting and reasonable access to observe and,
895when appropriate, participate.
896     9.  A voting member of an early learning coalition may not
897appoint a designee to act in his or her place, except as
898otherwise provided in this paragraph. A voting member may send a
899representative to coalition meetings, but that representative
900does not have voting privileges. When a district administrator
901for the Department of Children and Family Services appoints a
902designee to an early learning coalition, the designee is the
903voting member of the coalition, and any individual attending in
904the designee's place, including the district administrator, does
905not have voting privileges.
906     10.  Each member of an early learning coalition is subject
907to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
908112.3143(3)(a), each voting member is a local public officer who
909must abstain from voting when a voting conflict exists.
910     11.  For purposes of tort liability, each member or
911employee of an early learning coalition shall be governed by s.
912768.28.
913     12.  An early learning coalition serving a multicounty
914region must include representation from each county.
915     13.  Each early learning coalition shall establish terms
916for all appointed members of the coalition. The terms must be
917staggered and must be a uniform length that does not exceed 4
918years per term. Coalition chairs shall be appointed for 4 years
919in conjunction with their membership on the Early Learning
920Advisory Council under s. 20.052. Appointed members may serve a
921maximum of two consecutive terms. When a vacancy occurs in an
922appointed position, the coalition must advertise the vacancy.
923     (b)  Limitation.-Except as provided by law, the early
924learning coalitions may not impose requirements on a child care
925or early childhood education provider that does not deliver
926services under the school readiness programs or receive state,
927federal, required maintenance of effort, or matching funds under
928this section.
929     (b)  Program participation.-The school readiness program
930shall be established for children from birth to the beginning of
931the school year for which a child is eligible for admission to
932kindergarten in a public school under s. 1003.21(1)(a)2. The
933program shall be administered by the early learning coalition.
934Within funding limitations, the early learning coalition, along
935with all providers, shall make reasonable efforts to accommodate
936the needs of children for extended-day and extended-year
937services without compromising the quality of the program.
938     (c)  Program expectations.-
939     1.  The school readiness program must meet the following
940expectations:
941     a.  The program must, at a minimum, enhance the age-
942appropriate progress of each child in attaining the development
943of the school readiness skills required under paragraph (4)(j),
944as measured by the performance standards and outcome measures
945adopted by the Agency for Workforce Innovation.
946     b.  The program must provide extended-day and extended-year
947services to the maximum extent possible without compromising the
948quality of the program to meet the needs of parents who work.
949     c.  The program There must provide a be coordinated
950professional staff development system that supports the
951achievement and maintenance of core competencies by school
952readiness instructors in helping children attain the performance
953standards and outcome measures adopted by the Agency for
954Workforce Innovation and teaching opportunities.
955     d.  There must be expanded access to community services and
956resources for families to help achieve economic self-
957sufficiency.
958     e.  There must be a single point of entry and unified
959waiting list. As used in this sub-subparagraph, the term "single
960point of entry" means an integrated information system that
961allows a parent to enroll his or her child in the school
962readiness program at various locations throughout a the county
963or multicounty region served by an early learning coalition,
964that may allow a parent to enroll his or her child by telephone
965or through an Internet website, and that uses a unified waiting
966list to track eligible children waiting for enrollment in the
967school readiness program. The Agency for Workforce Innovation
968shall establish through technology a single statewide
969information system that each coalition must use for the purposes
970of managing the integrates each early learning coalition's
971single point of entry, tracking children's progress,
972coordinating services among stakeholders, determining
973eligibility, tracking child attendance, and streamlining
974administrative processes for providers and early learning
975coalitions and each coalition must use the statewide system.
976     f.  The Agency for Workforce Innovation must consider the
977access of eligible children to the school readiness program, as
978demonstrated in part by waiting lists, before approving a
979proposed increase in payment rates submitted by an early
980learning coalition. In addition, early learning coalitions shall
981use school readiness funds made available due to enrollment
982shifts from school readiness programs to the Voluntary
983Prekindergarten Education Program for increasing the number of
984children served in school readiness programs before increasing
985payment rates.
986     g.  There must be a community plan to address the needs of
987all eligible children.
988     g.h.  The program must meet all state licensing guidelines,
989where applicable.
990     h.  The program must ensure that minimum standards for
991child discipline practices are age-appropriate. Such standards
992must provide that children not be subjected to discipline that
993is severe, humiliating, or frightening or discipline that is
994associated with food, rest, or toileting. Spanking or any other
995form of physical punishment is prohibited.
996     2.  Each The early learning coalition must implement a
997comprehensive program of school readiness services in accordance
998with the rules adopted by the agency which that enhance the
999cognitive, social, and physical development of children to
1000achieve the performance standards and outcome measures adopted
1001by the agency for Workforce Innovation. At a minimum, these
1002programs must contain the following system support service
1003elements:
1004     a.  Developmentally appropriate curriculum designed to
1005enhance the age-appropriate progress of children in attaining
1006the performance standards adopted by the Agency for Workforce
1007Innovation under subparagraph (4)(d)8.
1008     b.  A character development program to develop basic
1009values.
1010     c.  An age-appropriate screening assessment of each child's
1011development.
1012     d.  An age-appropriate assessment A pretest administered to
1013children when they enter a program and an age-appropriate
1014assessment a posttest administered to children when they leave
1015the program.
1016     e.  An appropriate staff-to-children ratio, pursuant to s.
1017402.305(4) or s. 402.302(7) or (8), as applicable, and as
1018verified pursuant to s. 402.311.
1019     f.  A healthy and safe environment pursuant to s.
1020401.305(5), (6), and (7), as applicable, and as verified
1021pursuant to s. 402.311.
1022     g.  A resource and referral network established under s.
1023411.0101 to assist parents in making an informed choice and a
1024regional Warm-Line under s. 411.01015.
1025
1026The Agency for Workforce Innovation, the Department of
1027Education, and early learning coalitions shall coordinate with
1028the Child Care Services Program Office of the Department of
1029Children and Family Services to minimize duplicating interagency
1030activities pertaining to acquiring and composing data for child
1031care training and credentialing.
1032     (d)  Implementation.-
1033     1.  An early learning coalition may not implement the
1034school readiness program until the coalition is authorized
1035through approval of the coalition's school readiness plan by the
1036Agency for Workforce Innovation.
1037     2.  Each early learning coalition shall coordinate with one
1038another to implement a comprehensive program of school readiness
1039services which enhances the cognitive, social, physical, and
1040moral character of the children to achieve the performance
1041standards and outcome measures and which helps families achieve
1042economic self-sufficiency. Such program must contain, at a
1043minimum, the following elements: develop a plan for implementing
1044     a.  Implement the school readiness program to meet the
1045requirements of this section and the system support services,
1046performance standards, and outcome measures adopted by the
1047Agency for Workforce Innovation.
1048     b.  The plan must Demonstrate how the program will ensure
1049that each 3-year-old and 4-year-old child from birth through 5
1050years of age in a publicly funded school readiness program
1051receives scheduled activities and instruction designed to
1052enhance the age-appropriate progress of the children in
1053attaining the performance standards adopted by the Agency for
1054Workforce Innovation under subparagraph (4)(d)8.
1055     c.  Ensure that the coalition has solicited and considered
1056comments regarding the proposed school readiness plan from the
1057local community.
1058
1059Before implementing the school readiness program, the early
1060learning coalition must submit the plan to the Agency for
1061Workforce Innovation for approval. The Agency for Workforce
1062Innovation may approve the plan, reject the plan, or approve the
1063plan with conditions. The Agency for Workforce Innovation shall
1064review school readiness plans at least every 2 years annually.
1065     3.  If the Agency for Workforce Innovation determines
1066during the annual review of school readiness plans, or through
1067monitoring and performance evaluations conducted under paragraph
1068(4)(l), that an early learning coalition has not substantially
1069implemented its plan, has not substantially met the performance
1070standards and outcome measures adopted by the agency, or has not
1071effectively administered the school readiness program or
1072Voluntary Prekindergarten Education Program, the Agency for
1073Workforce Innovation may dissolve the coalition and temporarily
1074contract with a qualified entity to continue school readiness
1075and prekindergarten services in the coalition's county or
1076multicounty region until the agency reestablishes the coalition
1077and a new the coalition is reestablished through resubmission of
1078a school readiness plan is approved in accordance with the rules
1079adopted and approval by the agency.
1080     4.  The Agency for Workforce Innovation shall adopt rules
1081establishing criteria for the approval of school readiness
1082plans. The criteria must be consistent with the system support
1083services, performance standards, and outcome measures adopted by
1084the agency and must require each approved plan to include the
1085following minimum standards and provisions for the school
1086readiness program:
1087     a.  A community plan that addresses the needs of all
1088children and providers within the coalition's county or
1089multicounty region.
1090     b.a.  A sliding fee scale establishing a copayment for
1091parents based upon their ability to pay, which is the same for
1092all program providers, to be implemented and reflected in each
1093program's budget.
1094     c.b.  A choice of settings and locations in licensed,
1095registered, religious-exempt, or school-based programs to be
1096provided to parents.
1097     c.  Instructional staff who have completed the training
1098course as required in s. 402.305(2)(d)1., as well as staff who
1099have additional training or credentials as required by the
1100Agency for Workforce Innovation. The plan must provide a method
1101for assuring the qualifications of all personnel in all program
1102settings.
1103     d.  Specific eligibility priorities for children within the
1104early learning coalition's county or multicounty region in
1105accordance with subsection (6).
1106     e.  Performance standards and outcome measures adopted by
1107the Agency for Workforce Innovation.
1108     f.  Payment rates adopted by the early learning coalitions
1109coalition and approved by the Agency for Workforce Innovation.
1110Payment rates may not have the effect of limiting parental
1111choice or creating standards or levels of services that have not
1112been expressly established authorized by the Legislature, unless
1113the creation of such standards or levels of service is a
1114precondition for the state's eligibility to receive federal
1115funds available for early learning programs.
1116     g.  Systems support services, including a central agency,
1117child care resource and referral, eligibility determinations,
1118training of providers, and parent support and involvement.
1119     g.h.  Direct enhancement services for to families and
1120children. System support and direct enhancement services shall
1121be in addition to payments for the placement of children in
1122school readiness programs. Direct enhancement services for
1123families may include parent training and involvement activities
1124and strategies to meet the needs of unique populations and local
1125eligibility priorities. Enhancement services for children may
1126include provider supports and professional development approved
1127in the plan by the Agency for Workforce Innovation.
1128     h.i.  The business organization of the early learning
1129coalition, which must include the coalition's articles of
1130incorporation and bylaws if the coalition is organized as a
1131corporation. If the coalition is not organized as a corporation
1132or other business entity, the plan must include the contract
1133with a fiscal agent. An early learning coalition may contract
1134with other coalitions to achieve efficiency in multicounty
1135services, and these contracts may be part of the coalition's
1136school readiness plan.
1137     i.  The implementation of locally developed quality
1138programs in accordance with the requirements adopted by the
1139agency under subparagraph (4)(d)5.
1140     j.  Strategies to meet the needs of unique populations,
1141such as migrant workers.
1142
1143As part of the school readiness plan, The Agency for Workforce
1144Innovation early learning coalition may request the Governor to
1145apply for a waiver to allow the coalition to administer the Head
1146Start Program to accomplish the purposes of the school readiness
1147program. If a school readiness plan demonstrates that specific
1148statutory goals can be achieved more effectively by using
1149procedures that require modification of existing rules,
1150policies, or procedures, a request for a waiver to the Agency
1151for Workforce Innovation may be submitted as part of the plan.
1152Upon review, the Agency for Workforce Innovation may grant the
1153proposed modification.
1154     5.  Persons with an early childhood teaching certificate
1155may provide support and supervision to other staff in the school
1156readiness program.
1157     6.  An early learning coalition may not implement its
1158school readiness plan until it submits the plan to and receives
1159approval from the Agency for Workforce Innovation. Once the plan
1160is approved, the plan and the services provided under the plan
1161shall be controlled by the early learning coalition. The plan
1162shall be reviewed and revised as necessary, but at least
1163biennially. An early learning coalition may not implement the
1164revisions until the coalition submits the revised plan to and
1165receives approval from the Agency for Workforce Innovation. If
1166the Agency for Workforce Innovation rejects a revised plan, the
1167coalition must continue to operate under its prior approved
1168plan.
1169     7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
1170apply to an early learning coalition with an approved school
1171readiness programs plan. The Agency for Workforce Innovation To
1172facilitate innovative practices and to allow the regional
1173establishment of school readiness programs, an early learning
1174coalition may apply to the Governor and Cabinet for a waiver of,
1175and the Governor and Cabinet may waive, any of the provisions of
1176ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
1177for implementation of the coalition's school readiness programs
1178plan.
1179     8.  Two or more early learning coalitions counties may join
1180for purposes of planning and implementing a school readiness
1181program.
1182     9.  An early learning coalition may, subject to approval by
1183The Agency for Workforce Innovation as part of the coalition's
1184school readiness plan, receive subsidized child care funds for
1185all children eligible for any federal subsidized child care
1186program.
1187     10.  An early learning coalition may enter into multiparty
1188contracts with multicounty service providers in order to meet
1189the needs of unique populations such as migrant workers.
1190     (e)  Requests for proposals; payment schedule.-
1191     1.  Each early learning coalition must comply with the
1192procurement and expenditure procedures adopted by the Agency for
1193Workforce Innovation, including, but not limited to, applying
1194the procurement and expenditure procedures required by federal
1195law for the expenditure of federal funds s. 287.057 for the
1196procurement of commodities or contractual services from the
1197funds described in paragraph (9)(d). The period of a contract
1198for purchase of these commodities or contractual services,
1199together with any renewal of the original contract, may not
1200exceed 3 years.
1201     2.  Each early learning coalition shall adopt a payment
1202schedule that encompasses all programs funded by the coalition
1203under this section. The payment schedule must take into
1204consideration the prevailing relevant market rate, must include
1205the projected number of children to be served, and must be
1206submitted for approval by the Agency for Workforce Innovation.
1207Informal child care arrangements shall be reimbursed at not more
1208than 50 percent of the rate adopted developed for a family day
1209care home.
1210     (f)  Requirements relating to fiscal agents.-If an early
1211learning coalition is not legally organized as a corporation or
1212other business entity, the coalition must designate a fiscal
1213agent, which may be a public entity, a private nonprofit
1214organization, or a certified public accountant who holds a
1215license under chapter 473. The fiscal agent must provide
1216financial and administrative services under a contract with the
1217early learning coalition. The fiscal agent may not provide
1218direct early childhood education or child care services;
1219however, a fiscal agent may provide those services upon written
1220request of the early learning coalition to the Agency for
1221Workforce Innovation and upon the approval of the request by the
1222agency. The cost of the financial and administrative services
1223shall be negotiated between the fiscal agent and the early
1224learning coalition. If the fiscal agent is a provider of early
1225childhood education and child care programs, the contract must
1226specify that the fiscal agent shall act on policy direction from
1227the early learning coalition and must not receive policy
1228direction from its own corporate board regarding disbursal of
1229the coalition's funds. The fiscal agent shall disburse funds in
1230accordance with the early learning coalition's approved school
1231readiness plan and based on billing and disbursement procedures
1232approved by the Agency for Workforce Innovation. The fiscal
1233agent must conform to all data-reporting requirements
1234established by the Agency for Workforce Innovation.
1235     (f)(g)  Evaluation and annual report.-Each early learning
1236coalition shall conduct an evaluation of its implementation the
1237effectiveness of the school readiness program, including system
1238support services, performance standards, and outcome measures,
1239and shall provide an annual report and fiscal statement to the
1240Agency for Workforce Innovation. This report must also include
1241an evaluation of the effectiveness of its direct enhancement
1242services and conform to the content and format specifications
1243adopted set by the Agency for Workforce Innovation. The Agency
1244for Workforce Innovation must include an analysis of the early
1245learning coalitions' reports in the agency's annual report.
1246     (6)  PROGRAM ELIGIBILITY.-The Each early learning
1247coalition's school readiness program is shall be established for
1248children from birth to the beginning of the school year for
1249which a child is eligible for admission to kindergarten in a
1250public school under s. 1003.21(1)(a)2. or who are eligible for
1251any federal subsidized child care program. Each early learning
1252coalition shall give priority for participation in the school
1253readiness program as follows:
1254     (a)  Priority shall be given first to a child from a family
1255in which there is an adult receiving temporary cash assistance
1256who is subject to federal work requirements.
1257     (b)  Priority shall be given next to a child who is
1258eligible for a school readiness program but who has not yet
1259entered children age 3 years to school, entry who is are served
1260by the Family Safety Program Office of the Department of
1261Children and Family Services or a community-based lead agency
1262under chapter 39 or chapter 409, and for whom child care is
1263needed to minimize risk of further abuse, neglect, or
1264abandonment.
1265     (c)  Subsequent priority shall be given to a child Other
1266eligible populations include children who meets meet one or more
1267of the following criteria:
1268     1.(a)  A child who is younger than Children under the age
1269of kindergarten eligibility and who are:
1270     1.  Children determined to be at risk of abuse, neglect, or
1271exploitation who are currently clients of the Family Safety
1272Program Office of the Department of Children and Family
1273Services, but who are not otherwise given priority under this
1274subsection.
1275     a.2.  Is Children at risk of welfare dependency, including
1276an economically disadvantaged child children, a child children
1277of a participant participants in the welfare transition program,
1278a child of a migratory agricultural worker children of migrant
1279farmworkers, or a child and children of a teen parent parents.
1280     b.3.  Is a member Children of a working family that is
1281economically disadvantaged families whose family income does not
1282exceed 150 percent of the federal poverty level.
1283     c.4.  Children For whom financial assistance is provided
1284through the state is paying a Relative Caregiver Program payment
1285under s. 39.5085.
1286     2.(b)  A 3-year-old child or Three-year-old children and 4-
1287year-old child children who may not be economically
1288disadvantaged but who has a disability; has have disabilities,
1289have been served in a specific part-time
1290program or a combination of part-time exceptional education
1291programs with required special services, aids, or equipment;,
1292and was were previously reported for funding part time under
1293with the Florida Education Finance Program as an exceptional
1294student students.
1295     3.(c)  An economically disadvantaged child children, a
1296child children with a disability disabilities, or a child and
1297children at risk of future school failure, from birth to 4 years
1298of age, who is are served at home through a home visitor program
1299programs and an intensive parent education program programs.
1300     4.(d)  A child Children who meets meet federal and state
1301eligibility requirements for the migrant preschool program but
1302who is do not meet the criteria of economically disadvantaged.
1303
1304As used in this paragraph subsection, the term "economically
1305disadvantaged" child means having a child whose family income
1306that does not exceed 150 percent of the federal poverty level.
1307Notwithstanding any change in a family's economic status, but
1308subject to additional family contributions in accordance with
1309the sliding fee scale, a child who meets the eligibility
1310requirements upon initial registration for the program remains
1311eligible until the beginning of the school year for which the
1312child is eligible for admission to kindergarten in a public
1313school under s. 1003.21(1)(a)2.
1314     (7)  PARENTAL CHOICE.-
1315     (a)  Parental choice of child care providers shall be
1316established, to the maximum extent practicable, in accordance
1317with 45 C.F.R. s. 98.30.
1318     (b)  As used in this subsection, the term "payment
1319certificate" means a child care certificate as defined in 45
1320C.F.R. s. 98.2.
1321     (c)  The school readiness program shall, in accordance with
132245 C.F.R. s. 98.30, provide parental choice through a payment
1323certificate purchase service order that ensures, to the maximum
1324extent possible, flexibility in the school readiness program
1325programs and payment arrangements. According to federal
1326regulations requiring parental choice, a parent may choose an
1327informal child care arrangement. The payment certificate
1328purchase order must bear the names name of the beneficiary and
1329the program provider and, when redeemed, must bear the
1330signatures signature of both the beneficiary and an authorized
1331representative of the provider.
1332     (d)(b)  If it is determined that a provider has given
1333provided any cash to the beneficiary in return for receiving a
1334payment certificate the purchase order, the early learning
1335coalition or its fiscal agent shall refer the matter to the
1336Division of Public Assistance Fraud for investigation.
1337     (e)(c)  The office of the Chief Financial Officer shall
1338establish an electronic transfer system for the disbursement of
1339funds in accordance with this subsection. Each early learning
1340coalition shall fully implement the electronic funds transfer
1341system within 2 years after approval of the coalition's school
1342readiness plan, unless a waiver is obtained from the Agency for
1343Workforce Innovation.
1344     (8)  STANDARDS; OUTCOME MEASURES.-A program provider
1345participating in the All school readiness program programs must
1346meet the performance standards and outcome measures adopted by
1347the Agency for Workforce Innovation.
1348     (9)  FUNDING; SCHOOL READINESS PROGRAM.-
1349     (a)  It is the intent of this section to establish an
1350integrated and quality seamless service delivery system for all
1351publicly funded early childhood education and child care
1352programs operating in this state.
1353     (b)1.  The Agency for Workforce Innovation shall administer
1354school readiness funds, plans, and policies and shall prepare
1355and submit a unified budget request for the school readiness
1356system in accordance with chapter 216.
1357     2.  All instructions to early learning coalitions for
1358administering this section shall emanate from the Agency for
1359Workforce Innovation in accordance with the policies of the
1360Legislature.
1361     (c)  The Agency for Workforce Innovation, subject to
1362legislative notice and review under s. 216.177, shall establish
1363recommend a formula for the allocation among the early learning
1364coalitions of all state and federal school readiness funds
1365provided for children participating in the public or private
1366school readiness program, whether served by a public or private
1367provider, programs based upon equity for each county and
1368performance. The allocation formula must be submitted to the
1369Governor, the chair of the Senate Ways and Means Committee or
1370its successor, and the chair of the House of Representatives
1371Fiscal Council or its successor no later than January 1 of each
1372year. If the Legislature specifies shall specify in the annual
1373General Appropriations Act any changes to
1374formula, methodology for the prior fiscal year which must be
1375used by the Agency for Workforce Innovation shall allocate funds
1376as specified in allocating the appropriations provided in the
1377General Appropriations Act.
1378     (d)  All state, federal, and required local maintenance-of-
1379effort, or matching funds provided to an early learning
1380coalition for purposes of this section shall be used by the
1381coalition for implementation of its approved school readiness
1382plan, including the hiring of staff to effectively operate the
1383coalition's school readiness program. As part of plan approval
1384and periodic plan review, The Agency for Workforce Innovation
1385shall require that administrative costs be kept to the minimum
1386necessary for efficient and effective administration of the
1387school readiness plan, but total administrative expenditures
1388must not exceed 5 percent unless specifically waived by the
1389Agency for Workforce Innovation. The Agency for Workforce
1390Innovation shall annually report to the Legislature any problems
1391relating to administrative costs.
1392     (e)  The Agency for Workforce Innovation shall annually
1393distribute, to a maximum extent practicable, all eligible funds
1394provided under this section as block grants to the early
1395learning coalitions in accordance with the terms and conditions
1396specified by the agency.
1397     (f)  State funds appropriated for the school readiness
1398program may not be used for the construction of new facilities
1399or the purchase of buses. The Agency for Workforce Innovation
1400shall present to the Legislature recommendations for providing
1401necessary transportation services for school readiness programs.
1402     (g)  All cost savings and all revenues received through a
1403mandatory sliding fee scale shall be used to help fund each
1404early learning coalition's school readiness program.
1405     (10)  CONFLICTING PROVISIONS.-If In the event of a conflict
1406exists between this section and federal requirements, the
1407federal requirements shall control.
1408     (11)  PLACEMENTS.-Notwithstanding any other provision of
1409this section to the contrary, the first children to be placed in
1410the school readiness program shall be those from families
1411receiving temporary cash assistance and subject to federal work
1412requirements. Subsequent placements shall be made in accordance
1413with subsection (6).
1414     Section 18.  Section 411.0101, Florida Statutes, is amended
1415to read:
1416     411.0101  Child care and early childhood resource and
1417referral.-
1418     (1)  As a part of the school readiness programs, the Agency
1419for Workforce Innovation shall establish a statewide child care
1420resource and referral network that is unbiased and provides
1421referrals to families for child care. Preference shall be given
1422to using the already established early learning coalitions as
1423the child care resource and referral agencies agency. If an
1424early learning coalition cannot comply with the requirements to
1425offer the resource information component or does not want to
1426offer that service, the early learning coalition shall select
1427the resource and referral information agency for its county or
1428multicounty region based upon a request for proposal pursuant to
1429s. 411.01(5)(e)1.
1430     (2)  At least one child care resource and referral agency
1431must be established in each early learning coalition's county or
1432multicounty region. The Agency for Workforce Innovation shall
1433adopt rules regarding accessibility of child care resource and
1434referral services offered through child care resource and
1435referral agencies in each county or multicounty region which
1436include, at a minimum, required hours of operation, methods by
1437which parents may request services, and child care resource and
1438referral staff training requirements.
1439     (3)  Child care resource and referral agencies shall
1440provide the following services:
1441     (a)(1)  Identification of existing public and private child
1442care and early childhood education services, including child
1443care services by public and private employers, and the
1444development of a resource file of those services through the
1445single statewide information system developed by the Agency for
1446Workforce Innovation under s. 411.01(5)(c)1.e. These services
1447may include family day care, public and private child care
1448programs, the Voluntary Prekindergarten Education Program, Head
1449Start, the school readiness program prekindergarten early
1450intervention programs, special education programs for
1451prekindergarten handicapped children with disabilities, services
1452for children with developmental disabilities, full-time and
1453part-time programs, before-school and after-school programs,
1454vacation care programs, parent education, the WAGES Program, and
1455related family support services. The resource file shall
1456include, but not be limited to:
1457     1.(a)  Type of program.
1458     2.(b)  Hours of service.
1459     3.(c)  Ages of children served.
1460     4.(d)  Number of children served.
1461     5.(e)  Significant program information.
1462     6.(f)  Fees and eligibility for services.
1463     7.(g)  Availability of transportation.
1464     (b)(2)  The establishment of a referral process that which
1465responds to parental need for information and that which is
1466provided with full recognition of the confidentiality rights of
1467parents. The resource and referral network programs shall make
1468referrals to legally operating licensed child care facilities.
1469Referrals may not shall be made to a an unlicensed child care
1470facility that is operating illegally or arrangement only if
1471there is no requirement that the facility or arrangement be
1472licensed.
1473     (c)(3)  Maintenance of ongoing documentation of requests
1474for service tabulated through the internal referral process
1475through the single statewide information system. The following
1476documentation of requests for service shall be maintained by the
1477all child care resource and referral network agencies:
1478     1.(a)  Number of calls and contacts to the child care
1479resource information and referral network agency component by
1480type of service requested.
1481     2.(b)  Ages of children for whom service was requested.
1482     3.(c)  Time category of child care requests for each child.
1483     4.(d)  Special time category, such as nights, weekends, and
1484swing shift.
1485     5.(e)  Reason that the child care is needed.
1486     6.(f)  Name of the employer and primary focus of the
1487business.
1488     (d)(4)  Provision of technical assistance to existing and
1489potential providers of child care services. This assistance may
1490include:
1491     1.(a)  Information on initiating new child care services,
1492zoning, and program and budget development and assistance in
1493finding such information from other sources.
1494     2.(b)  Information and resources which help existing child
1495care services providers to maximize their ability to serve
1496children and parents in their community.
1497     3.(c)  Information and incentives that may which could help
1498existing or planned child care services offered by public or
1499private employers seeking to maximize their ability to serve the
1500children of their working parent employees in their community,
1501through contractual or other funding arrangements with
1502businesses.
1503     (e)(5)  Assistance to families and employers in applying
1504for various sources of subsidy including, but not limited to,
1505the Voluntary Prekindergarten Education Program, the school
1506readiness program subsidized child care, Head Start,
1507prekindergarten early intervention programs, Project
1508Independence, private scholarships, and the federal child and
1509dependent care tax credit.
1510     (6)  Assistance to state agencies in determining the market
1511rate for child care.
1512     (f)(7)  Assistance in negotiating discounts or other
1513special arrangements with child care providers.
1514     (8)  Information and assistance to local interagency
1515councils coordinating services for prekindergarten handicapped
1516children.
1517     (g)(9)  Assistance to families in identifying summer
1518recreation camp and summer day camp programs, and in evaluating
1519the health and safety qualities of summer recreation camp and
1520summer day camp programs, and in evaluating the health and
1521safety qualities of summer camp programs. Contingent upon
1522specific appropriation, a checklist of important health and
1523safety qualities that parents can use to choose their summer
1524camp programs shall be developed and distributed in a manner
1525that will reach parents interested in such programs for their
1526children.
1527     (h)(10)  A child care facility licensed under s. 402.305
1528and licensed and registered family day care homes must provide
1529the statewide child care and resource and referral network
1530agencies with the following information annually:
1531     1.(a)  Type of program.
1532     2.(b)  Hours of service.
1533     3.(c)  Ages of children served.
1534     4.(d)  Fees and eligibility for services.
1535     (4)(11)  The Agency for Workforce Innovation shall adopt
1536any rules necessary for the implementation and administration of
1537this section.
1538     Section 19.  Subsection (3), paragraph (b) of subsection
1539(4), and paragraphs (c) and (d) of subsection (5) of section
1540411.0102, Florida Statutes, are amended to read:
1541     411.0102  Child Care Executive Partnership Act; findings
1542and intent; grant; limitation; rules.-
1543     (3)  There is created a body politic and corporate known as
1544the Child Care Executive Partnership which shall establish and
1545govern the Child Care Executive Partnership Program. The purpose
1546of the Child Care Executive Partnership Program is to utilize
1547state and federal funds as incentives for matching local funds
1548derived from local governments, employers, charitable
1549foundations, and other sources, so that Florida communities may
1550create local flexible partnerships with employers. The Child
1551Care Executive Partnership Program funds shall be used at the
1552discretion of local communities to meet the needs of working
1553parents. A child care purchasing pool shall be developed with
1554the state, federal, and local funds to provide subsidies to low-
1555income working parents whose family income does not exceed the
1556allowable income for any federally subsidized child care program
1557who are eligible for subsidized child care with a dollar-for-
1558dollar match from employers, local government, and other
1559matching contributions. The funds used from the child care
1560purchasing pool must be used to supplement or extend the use of
1561existing public or private funds.
1562     (4)  The Child Care Executive Partnership, staffed by the
1563Agency for Workforce Innovation, shall consist of a
1564representative of the Executive Office of the Governor and nine
1565members of the corporate or child care community, appointed by
1566the Governor.
1567     (b)  The Child Care Executive Partnership shall be chaired
1568by a member chosen by a majority vote and shall meet at least
1569quarterly and at other times upon the call of the chair. The
1570Child Care Executive Partnership may use any method of
1571telecommunications to conduct meetings, including establishing a
1572quorum through telecommunications, only if the public is given
1573proper notice of a telecommunications meeting and reasonable
1574access to observe and, when appropriate, participate.
1575     (5)
1576     (c)  The Agency for Workforce Innovation, in conjunction
1577with the Child Care Executive Partnership, shall develop
1578procedures for disbursement of funds through the child care
1579purchasing pools. In order to be considered for funding, an
1580early learning coalition or the Agency for Workforce Innovation
1581must commit to:
1582     1.  Matching the state purchasing pool funds on a dollar-
1583for-dollar basis; and
1584     2.  Expending only those public funds which are matched by
1585employers, local government, and other matching contributors who
1586contribute to the purchasing pool. Parents shall also pay a fee,
1587which may not shall be not less than the amount identified in
1588the early learning coalition's school readiness program
1589subsidized child care sliding fee scale.
1590     (d)  Each early learning coalition board shall be required
1591to establish a community child care task force for each child
1592care purchasing pool. The task force must be composed of
1593employers, parents, private child care providers, and one
1594representative from the local children's services council, if
1595one exists in the area of the purchasing pool. The early
1596learning coalition is expected to recruit the task force members
1597from existing child care councils, commissions, or task forces
1598already operating in the area of a purchasing pool. A majority
1599of the task force shall consist of employers. Each task force
1600shall develop a plan for the use of child care purchasing pool
1601funds. The plan must show how many children will be served by
1602the purchasing pool, how many will be new to receiving child
1603care services, and how the early learning coalition intends to
1604attract new employers and their employees to the program.
1605     Section 20.  Paragraph (b) of subsection (8) of section
1606411.203, Florida Statutes, is amended to read:
1607     411.203  Continuum of comprehensive services.-The
1608Department of Education and the Department of Health and
1609Rehabilitative Services shall utilize the continuum of
1610prevention and early assistance services for high-risk pregnant
1611women and for high-risk and handicapped children and their
1612families, as outlined in this section, as a basis for the
1613intraagency and interagency program coordination, monitoring,
1614and analysis required in this chapter. The continuum shall be
1615the guide for the comprehensive statewide approach for services
1616for high-risk pregnant women and for high-risk and handicapped
1617children and their families, and may be expanded or reduced as
1618necessary for the enhancement of those services. Expansion or
1619reduction of the continuum shall be determined by intraagency or
1620interagency findings and agreement, whichever is applicable.
1621Implementation of the continuum shall be based upon applicable
1622eligibility criteria, availability of resources, and interagency
1623prioritization when programs impact both agencies, or upon
1624single agency prioritization when programs impact only one
1625agency. The continuum shall include, but not be limited to:
1626     (8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1627OF HIGH-RISK CHILDREN.-
1628     (b)  Child care and early childhood programs, including,
1629but not limited to, subsidized child care, licensed
1630nonsubsidized child care facilities, family day care homes,
1631therapeutic child care, Head Start, and preschool programs in
1632public and private schools.
1633     Section 21.  Subsection (2) of section 411.221, Florida
1634Statutes, is amended to read:
1635     411.221  Prevention and early assistance strategic plan;
1636agency responsibilities.-
1637     (2)  The strategic plan and subsequent plan revisions shall
1638incorporate and otherwise utilize, to the fullest extent
1639possible, the evaluation findings and recommendations from
1640intraagency, independent third-party, field projects, and
1641reports issued by the Auditor General or the Office of Program
1642Policy Analysis and Government Accountability, as well as the
1643recommendations of the Agency for Workforce Innovation State
1644Coordinating Council for School Readiness Programs.
1645     Section 22.  Paragraph (c) of subsection (4) of section
1646445.024, Florida Statutes, is amended to read:
1647     445.024  Work requirements.-
1648     (4)  PRIORITIZATION OF WORK REQUIREMENTS.-Regional
1649workforce boards shall require participation in work activities
1650to the maximum extent possible, subject to federal and state
1651funding. If funds are projected to be insufficient to allow
1652full-time work activities by all program participants who are
1653required to participate in work activities, regional workforce
1654boards shall screen participants and assign priority based on
1655the following:
1656     (c)  A participant who has access to subsidized or
1657unsubsidized child care services may be assigned priority for
1658work activities.
1659
1660Regional workforce boards may limit a participant's weekly work
1661requirement to the minimum required to meet federal work
1662activity requirements. Regional workforce boards may develop
1663screening and prioritization procedures based on the allocation
1664of resources, the availability of community resources, the
1665provision of supportive services, or the work activity needs of
1666the service area.
1667     Section 23.  Subsection (2) of section 445.030, Florida
1668Statutes, is amended to read:
1669     445.030  Transitional education and training.-In order to
1670assist former recipients of temporary cash assistance who are
1671working or actively seeking employment in continuing their
1672training and upgrading their skills, education, or training,
1673support services may be provided for up to 2 years after the
1674family is no longer receiving temporary cash assistance. This
1675section does not constitute an entitlement to transitional
1676education and training. If funds are not sufficient to provide
1677services under this section, the board of directors of Workforce
1678Florida, Inc., may limit or otherwise prioritize transitional
1679education and training.
1680     (2)  Regional workforce boards may authorize child care or
1681other support services in addition to services provided in
1682conjunction with employment. For example, a participant who is
1683employed full time may receive subsidized child care services
1684related to that employment and may also receive additional
1685subsidized child care services in conjunction with training to
1686upgrade the participant's skills.
1687     Section 24.  Paragraph (a) of subsection (2) of section
1688490.014, Florida Statutes, is amended to read:
1689     490.014  Exemptions.-
1690     (2)  No person shall be required to be licensed or
1691provisionally licensed under this chapter who:
1692     (a)  Is a salaried employee of a government agency; a
1693developmental disability facility or program; a, mental health,
1694alcohol, or drug abuse facility operating under chapter 393,
1695chapter 394, or chapter 397; the statewide subsidized child care
1696program, subsidized child care case management program, or child
1697care resource and referral network program operating under s.
1698411.0101 pursuant to chapter 402; a child-placing or child-
1699caring agency licensed pursuant to chapter 409; a domestic
1700violence center certified pursuant to chapter 39; an accredited
1701academic institution; or a research institution, if such
1702employee is performing duties for which he or she was trained
1703and hired solely within the confines of such agency, facility,
1704or institution, so long as the employee is not held out to the
1705public as a psychologist pursuant to s. 490.012(1)(a).
1706     Section 25.  Paragraph (a) of subsection (4) of section
1707491.014, Florida Statutes, is amended to read:
1708     491.014  Exemptions.-
1709     (4)  No person shall be required to be licensed,
1710provisionally licensed, registered, or certified under this
1711chapter who:
1712     (a)  Is a salaried employee of a government agency; a
1713developmental disability facility or program; a, mental health,
1714alcohol, or drug abuse facility operating under chapter 393,
1715chapter 394, or chapter 397; the statewide subsidized child care
1716program, subsidized child care case management program, or child
1717care resource and referral network program operating under s.
1718411.0101 pursuant to chapter 402; a child-placing or child-
1719caring agency licensed pursuant to chapter 409; a domestic
1720violence center certified pursuant to chapter 39; an accredited
1721academic institution; or a research institution, if such
1722employee is performing duties for which he or she was trained
1723and hired solely within the confines of such agency, facility,
1724or institution, so long as the employee is not held out to the
1725public as a clinical social worker, mental health counselor, or
1726marriage and family therapist.
1727     Section 26.  Subsection (5) of section 1002.53, Florida
1728Statutes, is amended to read:
1729     1002.53  Voluntary Prekindergarten Education Program;
1730eligibility and enrollment.-
1731     (5)  The early learning coalition shall provide each parent
1732enrolling a child in the Voluntary Prekindergarten Education
1733Program with a profile of every private prekindergarten provider
1734and public school delivering the program within the coalition's
1735county where the child is being enrolled or multicounty region.
1736The profiles shall be provided to parents in a format prescribed
1737by the Agency for Workforce Innovation. The profiles must
1738include, at a minimum, the following information about each
1739provider and school:
1740     (a)  The provider's or school's services, curriculum,
1741instructor credentials, and instructor-to-student ratio; and
1742     (b)  The provider's or school's kindergarten readiness rate
1743calculated in accordance with s. 1002.69, based upon the most
1744recent available results of the statewide kindergarten
1745screening.
1746     Section 27.  Paragraph (b) of subsection (3) of section
17471002.55, Florida Statutes, is amended, and subsection (5) is
1748added to that section, to read:
1749     1002.55  School-year prekindergarten program delivered by
1750private prekindergarten providers.-
1751     (3)  To be eligible to deliver the prekindergarten program,
1752a private prekindergarten provider must meet each of the
1753following requirements:
1754     (b)  The private prekindergarten provider must:
1755     1.  Be accredited by an accrediting association that is a
1756member of the National Council for Private School Accreditation,
1757Advance Education, Inc. (AdvancED) the Commission on
1758International and Trans-Regional Accreditation, or the Florida
1759Association of Academic Nonpublic Schools and have written
1760accreditation standards that meet or exceed the state's
1761licensing requirements under s. 402.305, s. 402.313, or s.
1762402.3131 and require at least one onsite visit to the provider
1763or school before accreditation is granted;
1764     2.  Hold a current Gold Seal Quality Care designation under
1765s. 402.281; or
1766     3.  Be licensed under s. 402.305, s. 402.313, or s.
1767402.3131 and demonstrate, before delivering the Voluntary
1768Prekindergarten Education Program, as verified by the early
1769learning coalition, that the provider meets each of the
1770requirements of the program under this part, including, but not
1771limited to, the requirements for credentials and background
1772screenings of prekindergarten instructors under paragraphs (c)
1773and (d), minimum and maximum class sizes under paragraph (f),
1774prekindergarten director credentials under paragraph (g), and a
1775developmentally appropriate curriculum under s. 1002.67(2)(b).
1776     (5)  Notwithstanding paragraph (3)(b), a private
1777prekindergarten provider may not participate in the Voluntary
1778Prekindergarten Education Program if the provider has child
1779disciplinary policies that do not prohibit children from being
1780subjected to discipline that is severe, humiliating,
1781frightening, or associated with food, rest, toileting, spanking,
1782or any other form of physical punishment as provided in s.
1783402.305(12).
1784     Section 28.  Paragraph (c) of subsection (3) of section
17851002.67, Florida Statutes, is amended to read:
1786     1002.67  Performance standards; curricula and
1787accountability.-
1788     (3)
1789     (c)1.  If the kindergarten readiness rate of a private
1790prekindergarten provider or public school falls below the
1791minimum rate adopted by the State Board of Education as
1792satisfactory under s. 1002.69(6), the early learning coalition
1793or school district, as applicable, shall require the provider or
1794school to submit an improvement plan for approval by the
1795coalition or school district, as applicable, and to implement
1796the plan.
1797     2.  If a private prekindergarten provider or public school
1798fails to meet the minimum rate adopted by the State Board of
1799Education as satisfactory under s. 1002.69(6) for 2 consecutive
1800years, the early learning coalition or school district, as
1801applicable, shall place the provider or school on probation and
1802must require the provider or school to take certain corrective
1803actions, including the use of a curriculum approved by the
1804department under paragraph (2)(c).
1805     3.  A private prekindergarten provider or public school
1806that is placed on probation must continue the corrective actions
1807required under subparagraph 2., including the use of a
1808curriculum approved by the department, until the provider or
1809school meets the minimum rate adopted by the State Board of
1810Education as satisfactory under s. 1002.69(6).
1811     4.  If a private prekindergarten provider or public school
1812remains on probation for 2 consecutive years and fails to meet
1813the minimum rate adopted by the State Board of Education as
1814satisfactory under s. 1002.69(6) and is not granted a good cause
1815exemption by the department pursuant to s. 1002.69(7), the
1816Agency for Workforce Innovation shall require the early learning
1817coalition or the Department of Education shall require the
1818school district, as applicable, to remove, as applicable, the
1819provider or school from eligibility to deliver the Voluntary
1820Prekindergarten Education Program and receive state funds for
1821the program.
1822     Section 29.  Subsection (7) is added to section 1002.69,
1823Florida Statutes, to read:
1824     1002.69  Statewide kindergarten screening; kindergarten
1825readiness rates.-
1826     (7)(a)  Notwithstanding s. 1002.67(3)(c)4., the State Board
1827of Education, upon the request of a private prekindergarten
1828provider or public school that remains on probation for 2
1829consecutive years or more and subsequently fails to meet the
1830minimum rate adopted under subsection (6) and for good cause
1831shown, may grant to the provider or school an exemption from
1832being determined ineligible to deliver the Voluntary
1833Prekindergarten Education Program and receive state funds for
1834the program. Such a good cause exemption is valid for 1 year
1835and, upon the request of the private prekindergarten provider or
1836public school and for good cause shown, may be renewed.
1837     (b)  A private prekindergarten provider's or public
1838school's request for a good cause exemption, or renewal of such
1839an exemption, must be submitted to the state board in the manner
1840and within the timeframes prescribed by the state board and must
1841include the following:
1842     1.  Submission of data by the private prekindergarten
1843provider or public school that documents on a standardized
1844assessment the achievement and progress of the children served.
1845     2.  Submission and review of data available from the
1846respective early learning coalition or district school board,
1847the Department of Children and Family Services, local licensing
1848authority, or an accrediting association, as applicable,
1849relating to the private prekindergarten provider's or public
1850school's compliance with state and local health and safety
1851standards.
1852     3.  Submission and review of data available to the
1853department on the performance of the children served and the
1854calculation of the private prekindergarten provider's or public
1855school's kindergarten readiness rate.
1856     (c)  The State Board of Education shall adopt criteria for
1857granting good cause exemptions. Such criteria shall include, but
1858are not limited to:
1859     1.  Learning gains of children served in the Voluntary
1860Prekindergarten Education Program by the private prekindergarten
1861provider or public school.
1862     2.  Verification that the private prekindergarten provider
1863or public school serves at least twice the statewide percentage
1864of children with disabilities as defined in s. 1003.01(3)(a).
1865     3.  Verification that local and state health and safety
1866requirements are met.
1867     (d)  A good cause exemption may not be granted to any
1868private prekindergarten provider that has any class I violations
1869or two or more class II violations within the 2 years preceding
1870the provider's or school's request for the exemption. For
1871purposes of this paragraph, class I and class II violations have
1872the same meaning as provided in s. 402.281(3).
1873     (e)  A private prekindergarten provider or public school
1874granted a good cause exemption shall continue to implement its
1875improvement plan and continue the corrective actions required
1876under s. 1002.67(3)(c)2., including the use of a curriculum
1877approved by the department, until the provider or school meets
1878the minimum rate adopted under subsection (6).
1879     Section 30.  Paragraph (b) of subsection (6) of section
18801002.71, Florida Statutes, is amended to read:
1881     1002.71  Funding; financial and attendance reporting.-
1882     (6)
1883     (b)1.  Each private prekindergarten provider's and district
1884school board's attendance policy must require the parent of each
1885student in the Voluntary Prekindergarten Education Program to
1886verify, each month, the student's attendance on the prior
1887month's certified student attendance.
1888     2.  The parent must submit the verification of the
1889student's attendance to the private prekindergarten provider or
1890public school on forms prescribed by the Agency for Workforce
1891Innovation. The forms must include, in addition to the
1892verification of the student's attendance, a certification, in
1893substantially the following form, that the parent continues to
1894choose the private prekindergarten provider or public school in
1895accordance with s. 1002.53 and directs that payments for the
1896program be made to the provider or school:
1897
1898
VERIFICATION OF STUDENT'S ATTENDANCE
1899
AND CERTIFICATION OF PARENTAL CHOICE
1900
1901     I, ...(Name of Parent)..., swear (or affirm) that my
1902child,...(Name of Student)..., attended the Voluntary
1903Prekindergarten Education Program on the days listed above and
1904certify that I continue to choose ...(Name of Provider or
1905School)... to deliver the program for my child and direct that
1906program funds be paid to the provider or school for my child.
1907
1908     ...(Signature of Parent)...
1909     ...(Date)...
1910
1911     3.  The private prekindergarten provider or public school
1912must keep each original signed form for at least 2 years. Each
1913private prekindergarten provider must permit the early learning
1914coalition, and each public school must permit the school
1915district, to inspect the original signed forms during normal
1916business hours. The Agency for Workforce Innovation shall adopt
1917procedures for early learning coalitions and school districts to
1918review the original signed forms against the certified student
1919attendance. The review procedures shall provide for the use of
1920selective inspection techniques, including, but not limited to,
1921random sampling. Each early learning coalition and the school
1922districts district must comply with the review procedures.
1923     Section 31.  Paragraph (d) is added to subsection (2) of
1924section 1002.73, Florida Statutes, to read:
1925     1002.73  Department of Education; powers and duties;
1926accountability requirements.-
1927     (2)  The department shall adopt procedures for the
1928department's:
1929     (d)  Granting of good cause exemptions from private
1930prekindergarten providers' and public schools' being determined
1931ineligible to deliver the program and receive state funds for
1932the program.
1933     Section 32.  Paragraph (b) of subsection (4) of section
19341009.64, Florida Statutes, is amended to read:
1935     1009.64  Certified Education Paraprofessional Welfare
1936Transition Program.-
1937     (4)  The agencies shall complete an implementation plan
1938that addresses at least the following recommended components of
1939the program:
1940     (b)  A budget for use of incentive funding to provide
1941motivation to participants to succeed and excel. The budget for
1942incentive funding includes:
1943     1.  Funds allocated by the Legislature directly for the
1944program.
1945     2.  Funds that may be made available from the federal
1946Workforce Investment Act based on client eligibility or
1947requested waivers to make the clients eligible.
1948     3.  Funds made available by implementation strategies that
1949would make maximum use of work supplementation funds authorized
1950by federal law.
1951     4.  Funds authorized by strategies to lengthen
1952participants' eligibility for federal programs such as Medicaid,
1953subsidized child care services, and transportation.
1954
1955Incentives may include a stipend during periods of college
1956classroom training, a bonus and recognition for a high grade-
1957point average, child care and prekindergarten services for
1958children of participants, and services to increase a
1959participant's ability to advance to higher levels of employment.
1960Nonfinancial incentives should include providing a mentor or
1961tutor, and service incentives should continue and increase for
1962any participant who plans to complete the baccalaureate degree
1963and become a certified teacher. Services may be provided in
1964accordance with family choice by community colleges and school
1965district career centers, through family service centers and
1966full-service schools, or under contract with providers through
1967central agencies.
1968     Section 33.  This act shall take effect July 1, 2010.


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