January 21, 2021
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CS/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3F.S.; deleting an obsolete reference to the repealed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5replacing an obsolete reference to a repealed program with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11obsolete reference to a repealed program; amending s.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16402.25, F.S.; updating an obsolete reference to a repealed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21reference to a repealed program; amending s. 402.281,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.; establishing the Gold Seal Quality Care program
23within the Department of Children and Family Services;
24providing that child care facilities, large family child
25care homes, and family day care homes may receive a Gold
26Seal Quality Care designation if accredited by a
27nationally recognized accrediting association and meeting
28certain requirements; requiring that the department adopt
29rules establishing accrediting standards; requiring that
30an accrediting association apply to the department for
31participation in the program; revising the entities with
32which the department must consult regarding the approval
33of accrediting associations; transferring and renumbering
34s. 402.3016, F.S., relating to Early Head Start
35collaboration grants; transferring, renumbering, and
36amending s. 402.3018, F.S.; transferring administration of
37the statewide toll-free Warm-Line from the department to
38the agency; conforming provisions; transferring,
39renumbering, and amending s. 402.3051, F.S.; revising
40procedures for child care market rate reimbursement and
41child care grants; transferring authority to establish the
42procedures from the department to the agency; directing
43the agency to adopt a prevailing market rate schedule for
44child care services; revising definitions; authorizing the
45agency to enter into contracts and adopt rules; amending
46s. 402.313, F.S.; deleting obsolete provisions authorizing
47the department to license family day care homes
48participating in a repealed program; repealing s.
49402.3135, F.S., relating to the subsidized child care
50program case management program; transferring,
51renumbering, and amending s. 402.3145, F.S.; transferring
52administration of certain transportation services for
53children at risk of abuse or neglect from the department
54to the agency; revising requirements for the provision of
55such transportation services; amending s. 402.315, F.S.;
56revising provisions relating to fees collected for child
57care facilities; amending s. 402.45, F.S.; updating an
58obsolete reference relating to a former council; directing
59the Department of Health to consult with the agency
60regarding certain training provided for contractors of the
61community resource mother or father program; amending s.
62409.1671, F.S.; clarifying that a licensed foster home may
63be dually licensed as a family day care home or large
64family child care home and receive certain payments for
65the same child; deleting an obsolete reference to a
66repealed program; amending s. 411.01, F.S.; revising
67provisions relating to the School Readiness Act; revising
68legislative intent; revising the duties and
69responsibilities of the Agency for Workforce Innovation;
70revising provisions for school readiness plans; specifying
71that certain program providers' compliance with licensing
72standards satisfies certain health screening requirements;
73requiring early learning coalitions to maintain certain
74direct enhancement services; deleting obsolete provisions
75relating to the merger of early learning coalitions;
76revising provisions for the membership of early learning
77coalitions and the voting privileges of such members;
78revising requirements for parental choice; directing the
79agency to establish a formula for allocating school
80readiness funds to each county; providing for legislative
81notice and review of the formula; amending s. 411.0101,
82F.S.; revising requirements for services provided by the
83statewide child care resource and referral network;
84updating obsolete references to repealed programs;
85amending s. 411.0102, F.S.; revising provisions relating
86to the Child Care Executive Partnership Act; updating
87obsolete references to repealed programs; deleting
88provisions relating to the duties of each early coalition
89board; amending s. 411.203, F.S.; deleting an obsolete
90reference to a repealed program; conforming provisions;
91amending s. 411.221, F.S.; updating an obsolete reference
92to a former council; amending ss. 445.024, 445.030,
93490.014, and 491.014, F.S.; deleting obsolete references
94to repealed programs; conforming provisions to the repeal
95of the subsidized child care case management program;
96amending ss. 1002.53, 1002.55, 1002.67, and 1002.71, F.S.;
97revising provisions relating to the eligibility
98requirements for private prekindergarten providers;
99conforming provisions to changes made by the act; amending
100s. 1002.69, F.S.; authorizing the State Board of Education
101to grant good cause exemptions from private
102prekindergarten providers' and private schools'
103ineligibility to deliver the Voluntary Prekindergarten
104Education Program under certain circumstances; amending s.
1051002.73, F.S.; authorizing the Department of Education to
106adopt procedures for the granting of good cause
107exemptions; amending s. 1009.64, F.S.; deleting an
108obsolete reference to a repealed program; providing an
109effective date.
110
111Be It Enacted by the Legislature of the State of Florida:
112
113     Section 1.  Subsection (7) of section 39.0121, Florida
114Statutes, is amended to read:
115     39.0121  Specific rulemaking authority.-Pursuant to the
116requirements of s. 120.536, the department is specifically
117authorized to adopt, amend, and repeal administrative rules
118which implement or interpret law or policy, or describe the
119procedure and practice requirements necessary to implement this
120chapter, including, but not limited to, the following:
121     (7)  Federal funding requirements and procedures; foster
122care and adoption subsidies; and subsidized independent living;
123and subsidized child care.
124     Section 2.  Paragraph (a) of subsection (2) of section
12539.202, Florida Statutes, is amended to read:
126     39.202  Confidentiality of reports and records in cases of
127child abuse or neglect.-
128     (2)  Except as provided in subsection (4), access to such
129records, excluding the name of the reporter which shall be
130released only as provided in subsection (5), shall be granted
131only to the following persons, officials, and agencies:
132     (a)  Employees, authorized agents, or contract providers of
133the department, the Department of Health, the Agency for Persons
134with Disabilities, or county agencies responsible for carrying
135out:
136     1.  Child or adult protective investigations;
137     2.  Ongoing child or adult protective services;
138     3.  Early intervention and prevention services;
139     4.  Healthy Start services;
140     5.  Licensure or approval of adoptive homes, foster homes,
141child care facilities, facilities licensed under chapter 393, or
142family day care homes or informal child care providers who
143receive school readiness subsidized child care funding, or other
144homes used to provide for the care and welfare of children; or
145     6.  Services for victims of domestic violence when provided
146by certified domestic violence centers working at the
147department's request as case consultants or with shared clients.
148
149Also, employees or agents of the Department of Juvenile Justice
150responsible for the provision of services to children, pursuant
151to chapters 984 and 985.
152     Section 3.  Paragraph (f) of subsection (2) of section
15339.5085, Florida Statutes, is amended to read:
154     39.5085  Relative Caregiver Program.-
155     (2)
156     (f)  Within available funding, the Relative Caregiver
157Program shall provide relative caregivers with family support
158and preservation services, flexible funds in accordance with s.
159409.165, school readiness subsidized child care, and other
160available services in order to support the child's safety,
161growth, and healthy development. Children living with relative
162caregivers who are receiving assistance under this section shall
163be eligible for Medicaid coverage.
164     Section 4.  Paragraph (b) of subsection (1) and subsection
165(2) of section 383.14, Florida Statutes, are amended to read:
166     383.14  Screening for metabolic disorders, other hereditary
167and congenital disorders, and environmental risk factors.-
168     (1)  SCREENING REQUIREMENTS.-To help ensure access to the
169maternal and child health care system, the Department of Health
170shall promote the screening of all newborns born in Florida for
171metabolic, hereditary, and congenital disorders known to result
172in significant impairment of health or intellect, as screening
173programs accepted by current medical practice become available
174and practical in the judgment of the department. The department
175shall also promote the identification and screening of all
176newborns in this state and their families for environmental risk
177factors such as low income, poor education, maternal and family
178stress, emotional instability, substance abuse, and other high-
179risk conditions associated with increased risk of infant
180mortality and morbidity to provide early intervention,
181remediation, and prevention services, including, but not limited
182to, parent support and training programs, home visitation, and
183case management. Identification, perinatal screening, and
184intervention efforts shall begin prior to and immediately
185following the birth of the child by the attending health care
186provider. Such efforts shall be conducted in hospitals,
187perinatal centers, county health departments, school health
188programs that provide prenatal care, and birthing centers, and
189reported to the Office of Vital Statistics.
190     (b)  Postnatal screening.-A risk factor analysis using the
191department's designated risk assessment instrument shall also be
192conducted as part of the medical screening process upon the
193birth of a child and submitted to the department's Office of
194Vital Statistics for recording and other purposes provided for
195in this chapter. The department's screening process for risk
196assessment shall include a scoring mechanism and procedures that
197establish thresholds for notification, further assessment,
198referral, and eligibility for services by professionals or
199paraprofessionals consistent with the level of risk. Procedures
200for developing and using the screening instrument, notification,
201referral, and care coordination services, reporting
202requirements, management information, and maintenance of a
203computer-driven registry in the Office of Vital Statistics which
204ensures privacy safeguards must be consistent with the
205provisions and plans established under chapter 411, Pub. L. No.
20699-457, and this chapter. Procedures established for reporting
207information and maintaining a confidential registry must include
208a mechanism for a centralized information depository at the
209state and county levels. The department shall coordinate with
210existing risk assessment systems and information registries. The
211department must ensure, to the maximum extent possible, that the
212screening information registry is integrated with the
213department's automated data systems, including the Florida On-
214line Recipient Integrated Data Access (FLORIDA) system. Tests
215and screenings must be performed by the State Public Health
216Laboratory, in coordination with Children's Medical Services, at
217such times and in such manner as is prescribed by the department
218after consultation with the Genetics and Infant Screening
219Advisory Council and the Agency for Workforce Innovation State
220Coordinating Council for School Readiness Programs.
221     (2)  RULES.-After consultation with the Genetics and
222Newborn Screening Advisory Council, the department shall adopt
223and enforce rules requiring that every newborn in this state
224shall, prior to becoming 1 week of age, be subjected to a test
225for phenylketonuria and, at the appropriate age, be tested for
226such other metabolic diseases and hereditary or congenital
227disorders as the department may deem necessary from time to
228time. After consultation with the Agency for Workforce
229Innovation State Coordinating Council for School Readiness
230Programs, the department shall also adopt and enforce rules
231requiring every newborn in this state to be screened for
232environmental risk factors that place children and their
233families at risk for increased morbidity, mortality, and other
234negative outcomes. The department shall adopt such additional
235rules as are found necessary for the administration of this
236section and s. 383.145, including rules providing definitions of
237terms, rules relating to the methods used and time or times for
238testing as accepted medical practice indicates, rules relating
239to charging and collecting fees for the administration of the
240newborn screening program authorized by this section, rules for
241processing requests and releasing test and screening results,
242and rules requiring mandatory reporting of the results of tests
243and screenings for these conditions to the department.
244     Section 5.  Section 402.25, Florida Statutes, is
245transferred, renumbered as section 411.0106, Florida Statutes,
246and amended to read:
247     411.0106 402.25  Infants and toddlers in state-funded
248education and care programs; brain development activities.-Each
249state-funded education and care program for children from birth
250to 5 years of age must provide activities to foster brain
251development in infants and toddlers. A program must provide an
252environment that helps children attain the performance standards
253adopted by the Agency for Workforce Innovation under s.
254411.01(4)(d)8. and must be rich in language and music and filled
255with objects of various colors, shapes, textures, and sizes to
256stimulate visual, tactile, auditory, and linguistic senses in
257the children and must include classical music and at least 30
258minutes of reading to the children each day. A program may be
259offered through an existing early childhood program such as
260Healthy Start, the Title I program, the school readiness program
261contracted or directly operated subsidized child care, the
262prekindergarten early intervention program, Florida First Start,
263the Head Start program, or a private child care program. A
264program must provide training for the infants' and toddlers'
265parents including direct dialogue and interaction between
266teachers and parents demonstrating the urgency of brain
267development in the first year of a child's life. Family day care
268centers are encouraged, but not required, to comply with this
269section.
270     Section 6.  Subsection (5) of section 402.26, Florida
271Statutes, is amended to read:
272     402.26  Child care; legislative intent.-
273     (5)  It is the further intent of the Legislature to provide
274and make accessible child care opportunities for children at
275risk, economically disadvantaged children, and other children
276traditionally disenfranchised from society. In achieving this
277intent, the Legislature shall develop a school readiness program
278subsidized child care system, a range of child care options,
279support services, and linkages with other programs to fully meet
280the child care needs of this population.
281     Section 7.  Section 402.281, Florida Statutes, is amended
282to read:
283     402.281  Gold Seal Quality Care program.-
284     (1)(a)  There is established within the department the Gold
285Seal Quality Care Program.
286     (b)  A child care facility facilities, large family child
287care home homes, or family day care home homes that is are
288accredited by a nationally recognized accrediting association
289approved by the department under subsection (3) and meets all
290other requirements, upon application to the department, shall
291receive a separate "Gold Seal Quality Care" designation.
292     (2)  The department shall adopt rules establishing Gold
293Seal Quality Care accrediting standards based on the applicable
294accrediting standards of whose standards substantially meet or
295exceed the National Association for the Education of Young
296Children (NAEYC), the National Association of Family Child Care,
297and the National Early Childhood Program Accreditation
298Commission shall receive a separate "Gold Seal Quality Care"
299designation to operate as a gold seal child care facility, large
300family child care home, or family day care home.
301     (3)(a)(2)  In order to be approved by the department for
302participation in the Gold Seal Quality Care program, an
303accrediting association must apply to the department and
304demonstrate that it:
305     1.  Is a nationally recognized accrediting association.
306     2.  Has accrediting standards that substantially meet or
307exceed the Gold Seal Quality Care accrediting standards adopted
308by the department under subsection (2).
309     (b)  In approving accrediting associations developing the
310Gold Seal Quality Care program standards, the department shall
311consult with the Department of Education, the Agency for
312Workforce Innovation, the Florida Head Start Directors
313Association, the Florida Association for of Child Care
314Management, the Florida Family Day Care Association, the Florida
315Children's Forum, the State Coordinating Council for School
316Readiness Programs, the Early Childhood Association of Florida,
317the National Association for Child Development Education
318Alliance, providers receiving exemptions under s. 402.316, and
319parents, for the purpose of approving the accrediting
320associations.
321     (4)(3)  In order to obtain and maintain a designation as a
322Gold Seal Quality Care provider, a child care facility, large
323family child care home, or family day care home must meet the
324following additional criteria:
325     (a)  The child care provider must not have had any class I
326violations, as defined by rule, within the 2 years preceding its
327application for designation as a Gold Seal Quality Care
328provider. Commission of a class I violation shall be grounds for
329termination of the designation as a Gold Seal Quality Care
330provider until the provider has no class I violations for a
331period of 2 years.
332     (b)  The child care provider must not have had three or
333more class II violations, as defined by rule, within the 2 years
334preceding its application for designation as a Gold Seal Quality
335Care provider. Commission of three or more class II violations
336within a 2-year period shall be grounds for termination of the
337designation as a Gold Seal Quality Care provider until the
338provider has no class II violations for a period of 1 year.
339     (c)  The child care provider must not have been cited for
340the same class III violation, as defined by rule, three or more
341times within the 2 years preceding its application for
342designation as a Gold Seal Quality Care provider. Commission of
343the same class III violation three or more times during a 2-year
344period shall be grounds for termination of the designation as a
345Gold Seal Quality Care provider until the provider has no class
346III violations for a period of 1 year.
347     (5)(4)  The Department of Children and Family Services
348shall adopt rules under ss. 120.536(1) and 120.54 which provide
349criteria and procedures for reviewing and approving accrediting
350associations for participation in the Gold Seal Quality Care
351program, conferring and revoking designations of Gold Seal
352Quality Care providers, and classifying violations.
353     Section 8.  Section 402.3016, Florida Statutes, is
354transferred and renumbered as section 411.0104, Florida
355Statutes.
356     Section 9.  Section 402.3018, Florida Statutes, is
357transferred, renumbered as section 411.01015, Florida Statutes,
358and amended to read:
359     411.01015 402.3018  Consultation to child care centers and
360family day care homes regarding health, developmental,
361disability, and special needs issues.-
362     (1)  Contingent upon specific appropriations, the Agency
363for Workforce Innovation shall administer department is directed
364to contract with the statewide resource information and referral
365agency for a statewide toll-free Warm-Line for the purpose of
366providing assistance and consultation to child care centers and
367family day care homes regarding health, developmental,
368disability, and special needs issues of the children they are
369serving, particularly children with disabilities and other
370special needs.
371     (2)  The purpose of the Warm-Line is to provide advice to
372child care personnel concerning strategies, curriculum, and
373environmental adaptations that allow a child with a disability
374or special need to derive maximum benefit from the child care
375services experience.
376     (3)  The Agency for Workforce Innovation department shall
377annually inform child care centers and family day care homes of
378the availability of this service through the child care resource
379and referral network under s. 411.0101, on an annual basis.
380     (4)  Contingent upon specific appropriations, the Agency
381for Workforce Innovation department shall expand, or contract
382for the expansion of, the Warm-Line to maintain at least one
383Warm-Line site in each early learning coalition service area
384from one statewide site to one Warm-Line site in each child care
385resource and referral agency region.
386     (5)  Each regional Warm-Line shall provide assistance and
387consultation to child care centers and family day care homes
388regarding health, developmental, disability, and special needs
389issues of the children they are serving, particularly children
390with disabilities and other special needs. Regional Warm-Line
391staff shall provide onsite technical assistance, when requested,
392to assist child care centers and family day care homes with
393inquiries relative to the strategies, curriculum, and
394environmental adaptations the child care centers and family day
395care homes may need as they serve children with disabilities and
396other special needs.
397     Section 10.  Section 402.3051, Florida Statutes, is
398transferred, renumbered as section 411.01013, Florida Statutes,
399and amended to read:
400(Substantial rewording of section. See
401s. 402.3051, F.S., for present text.)
402     411.01013  Prevailing market rate schedule.-
403     (1)  As used in this section, the term:
404     (a)  "Market rate" means the price that a child care
405provider charges for daily, weekly, or monthly child care
406services.
407     (b)  "Prevailing market rate" means the annually determined
40875th percentile of a reasonable frequency distribution of the
409market rate in a predetermined geographic market at which child
410care providers charge a person for child care services.
411     (2)  The Agency for Workforce Innovation shall establish
412procedures for the adoption of a prevailing market rate
413schedule. The schedule must include, at a minimum, county-by-
414county rates:
415     (a)  At the prevailing market rate, plus the maximum rate,
416for child care providers that hold a Gold Seal Quality Care
417designation under s. 402.281.
418     (b)  At the prevailing market rate for child care providers
419that do not hold a Gold Seal Quality Care designation.
420     (3)  The prevailing market rate schedule, at a minimum,
421must:
422     (a)  Differentiate rates by type, including, but not
423limited to, a child care provider that holds a Gold Seal Quality
424Care designation under s. 402.281, a child care facility
425licensed under s. 402.305, a public or nonpublic school exempt
426from licensure under s. 402.3025, a faith-based child care
427facility exempt from licensure under s. 402.316 that does not
428hold a Gold Seal Quality Care designation, a large family child
429care home licensed under s. 402.3131, a family day care home
430licensed or registered under s. 402.313, or an after-school
431program that is not defined as child care under rules adopted
432pursuant to s. 402.3045.
433     (b)  Differentiate rates by the type of child care services
434provided for children with special needs or risk categories,
435infants, toddlers, preschool-age children, and school-age
436children.
437     (c)  Differentiate rates between full-time and part-time
438child care services.
439     (d)  Consider discounted rates for child care services for
440multiple children in a single family.
441     (4)  The prevailing market rate schedule must be based
442exclusively on the prices charged for child care services. If a
443conflict exists between this subsection and federal
444requirements, the federal requirements shall control.
445     (5)  An early learning coalition must consider the
446prevailing market rate in the adoption of its payment schedule
447in accordance with s. 411.01(5)(e)2.
448     (6)  The Agency for Workforce Innovation may contract with
449one or more qualified entities to administer this section and
450provide support and technical assistance for child care
451providers.
452     (7)  The Agency for Workforce Innovation may adopt rules
453pursuant to ss. 120.536(1) and 120.54 to establish procedures
454for the collection of the market rate from child care providers,
455calculation of a reasonable frequency distribution of the market
456rate, and publication of the prevailing market rate schedule.
457     Section 11.  Subsection (1) of section 402.313, Florida
458Statutes, is amended to read:
459     402.313  Family day care homes.-
460     (1)  Family day care homes shall be licensed under this act
461if they are presently being licensed under an existing county
462licensing ordinance, if they are participating in the subsidized
463child care program, or if the board of county commissioners
464passes a resolution that family day care homes be licensed. If
465no county authority exists for the licensing of a family day
466care home, the department shall have the authority to license
467family day care homes under contract for the purchase-of-service
468system in the subsidized child care program.
469     (a)  If not subject to license, family day care homes shall
470register annually with the department, providing the following
471information:
472     1.  The name and address of the home.
473     2.  The name of the operator.
474     3.  The number of children served.
475     4.  Proof of a written plan to provide at least one other
476competent adult to be available to substitute for the operator
477in an emergency. This plan shall include the name, address, and
478telephone number of the designated substitute.
479     5.  Proof of screening and background checks.
480     6.  Proof of successful completion of the 30-hour training
481course, as evidenced by passage of a competency examination,
482which shall include:
483     a.  State and local rules and regulations that govern child
484care.
485     b.  Health, safety, and nutrition.
486     c.  Identifying and reporting child abuse and neglect.
487     d.  Child development, including typical and atypical
488language development; and cognitive, motor, social, and self-
489help skills development.
490     e.  Observation of developmental behaviors, including using
491a checklist or other similar observation tools and techniques to
492determine a child's developmental level.
493     f.  Specialized areas, including early literacy and
494language development of children from birth to 5 years of age,
495as determined by the department, for owner-operators of family
496day care homes.
497     7.  Proof that immunization records are kept current.
498     8.  Proof of completion of the required continuing
499education units or clock hours.
500     (b)  A family day care home not participating in the
501subsidized child care program may volunteer to be licensed under
502the provisions of this act.
503     (c)  The department may provide technical assistance to
504counties and family day care home providers to enable counties
505and family day care providers to achieve compliance with family
506day care homes standards.
507     Section 12.  Section 402.3135, Florida Statutes, is
508repealed.
509     Section 13.  Section 402.3145, Florida Statutes, is
510transferred, renumbered as section 411.01014, Florida Statutes,
511and amended to read:
512     411.01014 402.3145  School readiness Subsidized child care
513transportation services program.-
514     (1)  The Agency for Workforce Innovation department,
515pursuant to chapter 427, may authorize an early learning
516coalition to shall establish school readiness a subsidized child
517care transportation services system for children at risk of
518abuse or neglect participating in the school readiness
519subsidized child care program. The early learning coalitions may
520state community child care coordination agencies shall contract
521for the provision of transportation services as required by this
522section.
523     (2)  The transportation servicers may only system shall
524provide transportation to each child participating in the school
525readiness program to the extent that such subsidized child care
526when, and only when, transportation is necessary to provide
527child care opportunities that which otherwise would not be
528available to a child whose home is more than a reasonable
529walking distance from the nearest child care facility or family
530day care home.
531     Section 14.  Subsection (3) of section 402.315, Florida
532Statutes, is amended to read:
533     402.315  Funding; license fees.-
534     (3)  The department shall collect a fee for any license it
535issues for a child care facility, family day care home, or large
536family child care home pursuant to ss. 402.305, 402.313, and
537402.3131 s. 402.308.
538     (a)  For a child care facility licensed pursuant to s.
539402.305, such fee shall be $1 per child based on the licensed
540capacity of the facility, except that the minimum fee shall be
541$25 per facility center and the maximum fee shall be $100 per
542facility center.
543     (b)  For a family day care home registered pursuant to s.
544402.313, such fee shall be $25.
545     (c)  For a family day care home licensed pursuant to s.
546402.313, such fee shall be $50.
547     (d)  For a large family child care home licensed pursuant
548to s. 402.3131, such fee shall be $60.
549     Section 15.  Subsection (6) of section 402.45, Florida
550Statutes, is amended to read:
551     402.45  Community resource mother or father program.-
552     (6)  Individuals under contract to provide community
553resource mother or father services shall participate in
554preservice and ongoing training as determined by the Department
555of Health in consultation with the Agency for Workforce
556Innovation State Coordinating Council for School Readiness
557Programs. A community resource mother or father shall not be
558assigned a client caseload until all preservice training
559requirements are completed.
560     Section 16.  Paragraph (c) of subsection (5) of section
561409.1671, Florida Statutes, is amended to read:
562     409.1671  Foster care and related services; outsourcing.-
563     (5)
564     (c)  A foster home dually licensed home under s. 409.175
565may this section shall be dually licensed as a family day care
566home or large family child care home under chapter 402 and may
567eligible to receive a foster care maintenance both an out-of-
568home care payment and, to the extent permitted under federal
569law, school readiness funding a subsidized child care payment
570for the same child pursuant to federal law. The department may
571adopt administrative rules necessary to administer this
572paragraph.
573     Section 17.  Paragraphs (a), (d), (e), (f), (g), and (h) of
574subsection (2) and subsections (4) through (11) of section
575411.01, Florida Statutes, are amended to read:
576     411.01  School readiness programs; early learning
577coalitions.-
578     (2)  LEGISLATIVE INTENT.-
579     (a)  The Legislature recognizes that school readiness
580programs increase children's chances of achieving future
581educational success and becoming productive members of society.
582It is the intent of the Legislature that the programs be
583developmentally appropriate, research-based, involve the parent
584parents as a their child's first teacher, serve as preventive
585measures for children at risk of future school failure, enhance
586the educational readiness of eligible children, and support
587family education. Each school readiness program shall provide
588the elements necessary to prepare at-risk children for school,
589including health screening and referral and an appropriate
590educational program.
591     (d)  It is the intent of the Legislature that the
592administrative staff at the state level for school readiness
593programs be kept to the minimum necessary to administer the
594duties of the Agency for Workforce Innovation and early learning
595coalitions. The Agency for Workforce Innovation shall adopt
596system support services at the state level to build a
597comprehensive early learning system. Each early learning
598coalition shall implement and maintain direct enhancement
599services at the local level, as approved in its school readiness
600plan by the Agency for Workforce Innovation, and ensure access
601to such services in each county, as the school readiness
602programs are to be regionally designed, operated, and managed,
603with the Agency for Workforce Innovation developing school
604readiness program performance standards and outcome measures and
605approving and reviewing early learning coalitions and school
606readiness plans.
607     (e)  It is the intent of the Legislature that
608appropriations for combined school readiness programs shall not
609be less than the programs would receive in any fiscal year on an
610uncombined basis.
611     (e)(f)  It is the intent of the Legislature that the school
612readiness program coordinate and operate in conjunction with the
613district school systems. However, it is also the intent of the
614Legislature that the school readiness program not be construed
615as part of the system of free public schools but rather as a
616separate program for children under the age of kindergarten
617eligibility, funded separately from the system of free public
618schools, utilizing a mandatory sliding fee scale, and providing
619an integrated and seamless system of school readiness services
620for the state's birth-to-kindergarten population.
621     (g)  It is the intent of the Legislature that the federal
622child care income tax credit be preserved for school readiness
623programs.
624     (f)(h)  It is the intent of the Legislature that school
625readiness services shall be an integrated and seamless program
626system of services with a developmentally appropriate education
627component for the state's eligible birth-to-kindergarten
628population described in subsection (6) and shall not be
629construed as part of the seamless K-20 education system.
630     (4)  AGENCY FOR WORKFORCE INNOVATION.-
631     (a)  The Agency for Workforce Innovation shall administer
632school readiness programs at the state level and shall
633coordinate with the early learning coalitions in providing
634school readiness services on a full-day, full-year, full-choice
635basis to the extent possible in order to enable parents to work
636and be financially self-sufficient.
637     (b)  The Agency for Workforce Innovation shall:
638     1.  Coordinate the birth-to-kindergarten services for
639children who are eligible under subsection (6) and the
640programmatic, administrative, and fiscal standards under this
641section for all public providers of school readiness programs.
642     2.  Continue to provide unified leadership for school
643readiness through early learning coalitions.
644     2.3.  Focus on improving the educational quality of all
645program providers participating in publicly funded school
646readiness programs.
647     (c)  The Governor shall designate the Agency for Workforce
648Innovation as the lead agency for purposes of administration of
649the federal Child Care and Development Fund, 45 C.F.R. parts 98
650and 99, and the agency for Workforce Innovation may be
651designated by the Governor as the lead agency and, if so
652designated, shall comply with the lead agency responsibilities
653under federal law.
654     (d)  The Agency for Workforce Innovation shall:
655     1.  Be responsible for the prudent use of all public and
656private funds in accordance with all legal and contractual
657requirements.
658     2.  Provide final approval and every 2 years periodic
659review of early learning coalitions and school readiness plans.
660     3.  Establish Provide leadership for the enhancement of
661school readiness in this state by aggressively establishing a
662unified approach to the state's efforts toward enhancement of
663school readiness. In support of this effort, the Agency for
664Workforce Innovation shall adopt may develop and implement
665specific system support services strategies that address the
666state's school readiness programs. An early learning coalition
667shall amend its school readiness plan to conform to the specific
668system support services adopted by the Agency for Workforce
669Innovation. System support services shall include, but are not
670limited to:
671     a.  Child care resource and referral services;
672     b.  Warm-Line services;
673     c.  Eligibility determinations;
674     d.  Child performance standards;
675     e.  Child screening and assessment;
676     f.  Developmentally appropriate curricula;
677     g.  Health and safety requirements;
678     h.  Statewide data system requirements; and
679     i.  Rating and improvement systems.
680     4.  Safeguard the effective use of federal, state, local,
681and private resources to achieve the highest possible level of
682school readiness for the children in this state.
683     5.  Adopt a rule establishing criteria for the expenditure
684of funds designated for the purpose of funding activities to
685improve the quality of child care within the state in accordance
686with s. 658G of the federal Child Care and Development Block
687Grant Act.
688     6.5.  Provide technical assistance to early learning
689coalitions in a manner determined by the Agency for Workforce
690Innovation based upon information obtained by the agency from
691various sources, including, but not limited to, public input,
692government reports, private interest group reports, agency
693monitoring visits, and coalition requests for service.
694     7.  In cooperation with the Department of Education and
695early learning coalitions, coordinate with the Child Care
696Services Program Office of the Department of Children and Family
697Services to minimize duplicating interagency activities, health
698and safety monitoring, and acquiring and composing data
699pertaining to child care training and credentialing.
700     6.  Assess gaps in service.
701     7.  Provide technical assistance to counties that form a
702multicounty region served by an early learning coalition.
703     8.  Develop and adopt performance standards and outcome
704measures for school readiness programs. The performance
705standards must address the age-appropriate progress of children
706in the development of the school readiness skills required under
707paragraph (j). The performance standards for children from birth
708to 5 3 years of age in school readiness programs must be
709integrated with the performance standards adopted by the
710Department of Education for children in the Voluntary
711Prekindergarten Education Program under s. 1002.67.
712     9.  Adopt a standard contract that must be used by the
713coalitions when contracting with school readiness providers.
714     (e)  The Agency for Workforce Innovation may adopt rules
715under ss. 120.536(1) and 120.54 to administer the provisions of
716law conferring duties upon the agency, including, but not
717limited to, rules governing the administration of system support
718services preparation and implementation of the school readiness
719programs system, the collection of data, the approval of early
720learning coalitions and school readiness plans, the provision of
721a method whereby an early learning coalition may serve two or
722more counties, the award of incentives to early learning
723coalitions, child performance standards, child outcome measures,
724and the issuance of waivers, and the implementation of the
725state's Child Care and Development Fund Plan as approved by the
726federal Administration for Children and Families.
727     (f)  The Agency for Workforce Innovation shall have all
728powers necessary to administer this section, including, but not
729limited to, the power to receive and accept grants, loans, or
730advances of funds from any public or private agency and to
731receive and accept from any source contributions of money,
732property, labor, or any other thing of value, to be held, used,
733and applied for purposes of this section.
734     (g)  Except as provided by law, the Agency for Workforce
735Innovation may not impose requirements on a child care or early
736childhood education provider that does not deliver services
737under the a school readiness programs program or receive state
738or federal funds under this section.
739     (h)  The Agency for Workforce Innovation shall have a
740budget for the school readiness programs system, which shall be
741financed through an annual appropriation made for purposes of
742this section in the General Appropriations Act.
743     (i)  The Agency for Workforce Innovation shall coordinate
744the efforts toward school readiness in this state and provide
745independent policy analyses, data analyses, and recommendations
746to the Governor, the State Board of Education, and the
747Legislature.
748     (j)  The Agency for Workforce Innovation shall require that
749each early learning coalition's school readiness programs
750program must, at a minimum, enhance the age-appropriate progress
751of each child in attaining the performance standards adopted
752under subparagraph (d)8. and in the development of the following
753school readiness skills:
754     1.  Compliance with rules, limitations, and routines.
755     2.  Ability to perform tasks.
756     3.  Interactions with adults.
757     4.  Interactions with peers.
758     5.  Ability to cope with challenges.
759     6.  Self-help skills.
760     7.  Ability to express the child's needs.
761     8.  Verbal communication skills.
762     9.  Problem-solving skills.
763     10.  Following of verbal directions.
764     11.  Demonstration of curiosity, persistence, and
765exploratory behavior.
766     12.  Interest in books and other printed materials.
767     13.  Paying attention to stories.
768     14.  Participation in art and music activities.
769     15.  Ability to identify colors, geometric shapes, letters
770of the alphabet, numbers, and spatial and temporal
771relationships.
772
773Within 30 days after enrollment The Agency for Workforce
774Innovation shall also require that, before a child is enrolled
775in the an early learning coalition's school readiness program,
776the early learning coalition must ensure that the program
777provider obtains information is obtained by the coalition or the
778school readiness provider regarding the child's immunizations,
779physical development, and other health requirements as
780necessary, including appropriate vision and hearing screening
781and examinations. For a program provider licensed by the
782Department of Children and Family Services, the provider's
783compliance with s. 402.305(9), as verified pursuant to s.
784402.311, shall satisfy this requirement.
785     (k)  The Agency for Workforce Innovation shall conduct
786studies and planning activities related to the overall
787improvement and effectiveness of the outcome measures adopted by
788the agency for school readiness programs and the specific system
789support service strategies to address the state's school
790readiness programs adopted by the Agency for Workforce
791Innovation in accordance with subparagraph (d)3.
792     (l)  The Agency for Workforce Innovation shall monitor and
793evaluate the performance of each early learning coalition in
794administering the school readiness program, implementing the
795coalition's school readiness plan, and administering the
796Voluntary Prekindergarten Education Program. These monitoring
797and performance evaluations must include, at a minimum, onsite
798monitoring of each coalition's finances, management, operations,
799and programs.
800     (m)  The Agency for Workforce Innovation shall identify
801best practices of early learning coalitions in order to improve
802the outcomes of school readiness programs.
803     (m)(n)  The Agency for Workforce Innovation shall submit an
804annual report of its activities conducted under this section to
805the Governor, the executive director of the Florida Healthy Kids
806Corporation, the President of the Senate, the Speaker of the
807House of Representatives, and the minority leaders of both
808houses of the Legislature. In addition, the Agency for Workforce
809Innovation's reports and recommendations shall be made available
810to the State Board of Education, the Florida Early Learning
811Advisory Council and, other appropriate state agencies and
812entities, district school boards, central agencies, and county
813health departments. The annual report must provide an analysis
814of school readiness activities across the state, including the
815number of children who were served in the programs.
816     (n)(o)  The Agency for Workforce Innovation shall work with
817the early learning coalitions to ensure availability of training
818and support for parental increase parents' training for and
819involvement in their children's early preschool education and to
820provide family literacy activities and services programs.
821     (5)  CREATION OF EARLY LEARNING COALITIONS.-
822     (a)  Early learning coalitions.-
823     1.  Each early learning coalition shall maintain direct
824enhancement services at the local level and ensure access to
825such services in each county.
826     2.1.  The Agency for Workforce Innovation shall establish
827the minimum number of children to be served by each early
828learning coalition through the coalition's school readiness
829program. The Agency for Workforce Innovation may only approve
830school readiness plans in accordance with this minimum number.
831The minimum number must be uniform for every early learning
832coalition and must:
833     a.  Permit 31 30 or fewer coalitions to be established; and
834     b.  Require each coalition to serve at least 2,000 children
835based upon the average number of all children served per month
836through the coalition's school readiness program during the
837previous 12 months.
838
839The Agency for Workforce Innovation shall adopt procedures for
840merging early learning coalitions, including procedures for the
841consolidation of merging coalitions, and for the early
842termination of the terms of coalition members which are
843necessary to accomplish the mergers. Each early learning
844coalition must comply with the merger procedures and shall be
845organized in accordance with this subparagraph by April 1, 2005.
846By June 30, 2005, each coalition must complete the transfer of
847powers, duties, functions, rules, records, personnel, property,
848and unexpended balances of appropriations, allocations, and
849other funds to the successor coalition, if applicable.
850     3.2.  If an early learning coalition would serve fewer
851children than the minimum number established under subparagraph
8522. 1., the coalition must merge with another county to form a
853multicounty coalition. The Agency for Workforce Innovation shall
854adopt procedures for merging early learning coalitions,
855including procedures for the consolidation of merging
856coalitions, and for the early termination of the terms of
857coalition members which are necessary to accomplish the mergers.
858However, the Agency for Workforce Innovation shall grant a
859waiver to may authorize an early learning coalition to serve
860fewer children than the minimum number established under
861subparagraph 1., if:
862     a.  The coalition demonstrates to the Agency for Workforce
863Innovation that merging with another county or multicounty
864region contiguous to the coalition would cause an extreme
865hardship on the coalition;
866     a.b.  The Agency for Workforce Innovation has determined
867during the most recent annual review of the coalition's school
868readiness plan, or through monitoring and performance
869evaluations conducted under paragraph (4)(l), that the coalition
870has substantially implemented its plan and substantially met the
871performance standards and outcome measures adopted by the
872agency; and
873     b.c.  The coalition demonstrates to the Agency for
874Workforce Innovation the coalition's ability to effectively and
875efficiently implement the Voluntary Prekindergarten Education
876Program.
877     c.  The coalition demonstrates to the Agency for Workforce
878Innovation that the coalition can perform its duties in
879accordance with law.
880
881If an early learning coalition fails or refuses to merge as
882required by this subparagraph, the Agency for Workforce
883Innovation may dissolve the coalition and temporarily contract
884with a qualified entity to continue school readiness and
885prekindergarten services in the coalition's county or
886multicounty region until the agency reestablishes the coalition
887and a new is reestablished through resubmission of a school
888readiness plan is approved and approval by the agency.
889     3.  Notwithstanding the provisions of subparagraphs 1. and
8902., the early learning coalitions in Sarasota, Osceola, and
891Santa Rosa Counties which were in operation on January 1, 2005,
892are established and authorized to continue operation as
893independent coalitions, and shall not be counted within the
894limit of 30 coalitions established in subparagraph 1.
895     4.  Each early learning coalition shall be composed of at
896least 15 18 members but not more than 30 35 members. The Agency
897for Workforce Innovation shall adopt standards establishing
898within this range the minimum and maximum number of members that
899may be appointed to an early learning coalition and procedures
900for identifying which members have voting privileges under
901subparagraph 6. These standards must include variations for a
902coalition serving a multicounty region. Each early learning
903coalition must comply with these standards.
904     5.  The Governor shall appoint the chair and two other
905members of each early learning coalition, who must each meet the
906same qualifications as private sector business members appointed
907by the coalition under subparagraph 7.
908     6.  Each early learning coalition must include the
909following member positions; however, in a multicounty coalition,
910each ex officio member position may be filled by multiple
911nonvoting members but no more than one voting member shall be
912seated per member position. If an early learning coalition has
913more than one member representing the same entity, only one of
914such members may serve as a voting member members:
915     a.  A Department of Children and Family Services circuit
916district administrator or his or her designee who is authorized
917to make decisions on behalf of the department.
918     b.  A district superintendent of schools or his or her
919designee who is authorized to make decisions on behalf of the
920district, who shall be a nonvoting member.
921     c.  A regional workforce board executive director or his or
922her designee.
923     d.  A county health department director or his or her
924designee.
925     e.  A children's services council or juvenile welfare board
926chair or executive director, if applicable, who shall be a
927nonvoting member if the council or board is the fiscal agent of
928the coalition or if the council or board contracts with and
929receives funds from the coalition for any purpose other than
930rent.
931     f.  An agency head of a local licensing agency as defined
932in s. 402.302, where applicable.
933     g.  A president of a community college or his or her
934designee.
935     h.  One member appointed by a board of county commissioners
936or the governing board of a municipality.
937     i.  A central agency administrator, where applicable, who
938shall be a nonvoting member.
939     i.j.  A Head Start director, who shall be a nonvoting
940member.
941     j.k.  A representative of private for-profit child care
942providers, including private for-profit family day care homes,
943who shall be a nonvoting member.
944     k.l.  A representative of faith-based child care providers,
945who shall be a nonvoting member.
946     l.m.  A representative of programs for children with
947disabilities under the federal Individuals with Disabilities
948Education Act, who shall be a nonvoting member.
949     7.  Including the members appointed by the Governor under
950subparagraph 5., more than one-third of the members of each
951early learning coalition must be private sector business members
952who do not have, and none of whose relatives as defined in s.
953112.3143 has, a substantial financial interest in the design or
954delivery of the Voluntary Prekindergarten Education Program
955created under part V of chapter 1002 or the coalition's school
956readiness program. To meet this requirement an early learning
957coalition must appoint additional members from a list of
958nominees submitted to the coalition by a chamber of commerce or
959economic development council within the geographic region served
960by the coalition. The Agency for Workforce Innovation shall
961establish criteria for appointing private sector business
962members. These criteria must include standards for determining
963whether a member or relative has a substantial financial
964interest in the design or delivery of the Voluntary
965Prekindergarten Education Program or the coalition's school
966readiness program.
967     8.  A majority of the voting membership of an early
968learning coalition constitutes a quorum required to conduct the
969business of the coalition. An early learning coalition board may
970use any method of telecommunications to conduct meetings,
971including establishing a quorum through telecommunications,
972provided that the public is given proper notice of a
973telecommunications meeting and reasonable access to observe and,
974when appropriate, participate.
975     9.  A voting member of an early learning coalition may not
976appoint a designee to act in his or her place, except as
977otherwise provided in this paragraph. A voting member may send a
978representative to coalition meetings, but that representative
979does not have voting privileges. When a district administrator
980for the Department of Children and Family Services appoints a
981designee to an early learning coalition, the designee is the
982voting member of the coalition, and any individual attending in
983the designee's place, including the district administrator, does
984not have voting privileges.
985     10.  Each member of an early learning coalition is subject
986to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
987112.3143(3)(a), each voting member is a local public officer who
988must abstain from voting when a voting conflict exists.
989     11.  For purposes of tort liability, each member or
990employee of an early learning coalition shall be governed by s.
991768.28.
992     12.  An early learning coalition serving a multicounty
993region must include representation from each county.
994     13.  Each early learning coalition shall establish terms
995for all appointed members of the coalition. The terms must be
996staggered and must be a uniform length that does not exceed 4
997years per term. Coalition chairs shall be appointed for 4 years
998in conjunction with their membership on the Early Learning
999Advisory Council under s. 20.052. Appointed members may serve a
1000maximum of two consecutive terms. When a vacancy occurs in an
1001appointed position, the coalition must advertise the vacancy.
1002     (b)  Limitation.-Except as provided by law, the early
1003learning coalitions may not impose requirements on a child care
1004or early childhood education provider that does not deliver
1005services under the school readiness programs or receive state,
1006federal, required maintenance of effort, or matching funds under
1007this section.
1008     (b)  Program participation.-The school readiness program
1009shall be established for children from birth to the beginning of
1010the school year for which a child is eligible for admission to
1011kindergarten in a public school under s. 1003.21(1)(a)2. The
1012program shall be administered by the early learning coalition.
1013Within funding limitations, the early learning coalition, along
1014with all providers, shall make reasonable efforts to accommodate
1015the needs of children for extended-day and extended-year
1016services without compromising the quality of the program.
1017     (c)  Program expectations.-
1018     1.  The school readiness program must meet the following
1019expectations:
1020     a.  The program must, at a minimum, enhance the age-
1021appropriate progress of each child in attaining the development
1022of the school readiness skills required under paragraph (4)(j),
1023as measured by the performance standards and outcome measures
1024adopted by the Agency for Workforce Innovation.
1025     b.  The program must provide extended-day and extended-year
1026services to the maximum extent possible without compromising the
1027quality of the program to meet the needs of parents who work.
1028     c.  The program There must provide a be coordinated
1029professional staff development system that supports the
1030achievement and maintenance of core competencies by school
1031readiness instructors in helping children attain the performance
1032standards and outcome measures adopted by the Agency for
1033Workforce Innovation and teaching opportunities.
1034     d.  There must be expanded access to community services and
1035resources for families to help achieve economic self-
1036sufficiency.
1037     e.  There must be a single point of entry and unified
1038waiting list. As used in this sub-subparagraph, the term "single
1039point of entry" means an integrated information system that
1040allows a parent to enroll his or her child in the school
1041readiness program at various locations throughout a the county
1042or multicounty region served by an early learning coalition,
1043that may allow a parent to enroll his or her child by telephone
1044or through an Internet website, and that uses a unified waiting
1045list to track eligible children waiting for enrollment in the
1046school readiness program. The Agency for Workforce Innovation
1047shall establish through technology a single statewide
1048information system that each coalition must use for the purposes
1049of managing the integrates each early learning coalition's
1050single point of entry, tracking children's progress,
1051coordinating services among stakeholders, determining
1052eligibility, tracking child attendance, and streamlining
1053administrative processes for providers and early learning
1054coalitions and each coalition must use the statewide system.
1055     f.  The Agency for Workforce Innovation must consider the
1056access of eligible children to the school readiness program, as
1057demonstrated in part by waiting lists, before approving a
1058proposed increase in payment rates submitted by an early
1059learning coalition. In addition, early learning coalitions shall
1060use school readiness funds made available due to enrollment
1061shifts from school readiness programs to the Voluntary
1062Prekindergarten Education Program for increasing the number of
1063children served in school readiness programs before increasing
1064payment rates.
1065     g.  There must be a community plan to address the needs of
1066all eligible children.
1067     g.h.  The program must meet all state licensing guidelines,
1068where applicable.
1069     h.  The program must ensure that minimum standards for
1070child discipline practices are age-appropriate. Such standards
1071must provide that children not be subjected to discipline that
1072is severe, humiliating, or frightening or discipline that is
1073associated with food, rest, or toileting. Spanking or any other
1074form of physical punishment is prohibited.
1075     2.  Each The early learning coalition must implement a
1076comprehensive program of school readiness services in accordance
1077with the rules adopted by the agency which that enhance the
1078cognitive, social, and physical development of children to
1079achieve the performance standards and outcome measures adopted
1080by the agency for Workforce Innovation. At a minimum, these
1081programs must contain the following system support service
1082elements:
1083     a.  Developmentally appropriate curriculum designed to
1084enhance the age-appropriate progress of children in attaining
1085the performance standards adopted by the Agency for Workforce
1086Innovation under subparagraph (4)(d)8.
1087     b.  A character development program to develop basic
1088values.
1089     c.  An age-appropriate screening assessment of each child's
1090development.
1091     d.  An age-appropriate assessment A pretest administered to
1092children when they enter a program and an age-appropriate
1093assessment a posttest administered to children when they leave
1094the program.
1095     e.  An appropriate staff-to-children ratio, pursuant to s.
1096402.305(4) or s. 402.302(7) or (8), as applicable, and as
1097verified pursuant to s. 402.311.
1098     f.  A healthy and safe environment pursuant to s.
1099401.305(5), (6), and (7), as applicable, and as verified
1100pursuant to s. 402.311.
1101     g.  A resource and referral network established under s.
1102411.0101 to assist parents in making an informed choice and a
1103regional Warm-Line under s. 411.01015.
1104
1105The Agency for Workforce Innovation, the Department of
1106Education, and early learning coalitions shall coordinate with
1107the Child Care Services Program Office of the Department of
1108Children and Family Services to minimize duplicating interagency
1109activities pertaining to acquiring and composing data for child
1110care training and credentialing.
1111     (d)  Implementation.-
1112     1.  An early learning coalition may not implement the
1113school readiness program until the coalition is authorized
1114through approval of the coalition's school readiness plan by the
1115Agency for Workforce Innovation.
1116     2.  Each early learning coalition shall coordinate with one
1117another to implement a comprehensive program of school readiness
1118services which enhances the cognitive, social, physical, and
1119moral character of the children to achieve the performance
1120standards and outcome measures and which helps families achieve
1121economic self-sufficiency. Such program must contain, at a
1122minimum, the following elements: develop a plan for implementing
1123     a.  Implement the school readiness program to meet the
1124requirements of this section and the system support services,
1125performance standards, and outcome measures adopted by the
1126Agency for Workforce Innovation.
1127     b.  The plan must Demonstrate how the program will ensure
1128that each 3-year-old and 4-year-old child from birth through 5
1129years of age in a publicly funded school readiness program
1130receives scheduled activities and instruction designed to
1131enhance the age-appropriate progress of the children in
1132attaining the performance standards adopted by the Agency for
1133Workforce Innovation under subparagraph (4)(d)8.
1134     c.  Ensure that the coalition has solicited and considered
1135comments regarding the proposed school readiness plan from the
1136local community.
1137
1138Before implementing the school readiness program, the early
1139learning coalition must submit the plan to the Agency for
1140Workforce Innovation for approval. The Agency for Workforce
1141Innovation may approve the plan, reject the plan, or approve the
1142plan with conditions. The Agency for Workforce Innovation shall
1143review school readiness plans at least every 2 years annually.
1144     3.  If the Agency for Workforce Innovation determines
1145during the annual review of school readiness plans, or through
1146monitoring and performance evaluations conducted under paragraph
1147(4)(l), that an early learning coalition has not substantially
1148implemented its plan, has not substantially met the performance
1149standards and outcome measures adopted by the agency, or has not
1150effectively administered the school readiness program or
1151Voluntary Prekindergarten Education Program, the Agency for
1152Workforce Innovation may dissolve the coalition and temporarily
1153contract with a qualified entity to continue school readiness
1154and prekindergarten services in the coalition's county or
1155multicounty region until the agency reestablishes the coalition
1156and a new the coalition is reestablished through resubmission of
1157a school readiness plan is approved in accordance with the rules
1158adopted and approval by the agency.
1159     4.  The Agency for Workforce Innovation shall adopt rules
1160establishing criteria for the approval of school readiness
1161plans. The criteria must be consistent with the system support
1162services, performance standards, and outcome measures adopted by
1163the agency and must require each approved plan to include the
1164following minimum standards and provisions for the school
1165readiness program:
1166     a.  A community plan that addresses the needs of all
1167children and providers within the coalition's county or
1168multicounty region.
1169     b.a.  A sliding fee scale establishing a copayment for
1170parents based upon their ability to pay, which is the same for
1171all program providers, to be implemented and reflected in each
1172program's budget.
1173     c.b.  A choice of settings and locations in licensed,
1174registered, religious-exempt, or school-based programs to be
1175provided to parents.
1176     c.  Instructional staff who have completed the training
1177course as required in s. 402.305(2)(d)1., as well as staff who
1178have additional training or credentials as required by the
1179Agency for Workforce Innovation. The plan must provide a method
1180for assuring the qualifications of all personnel in all program
1181settings.
1182     d.  Specific eligibility priorities for children within the
1183early learning coalition's county or multicounty region in
1184accordance with subsection (6).
1185     e.  Performance standards and outcome measures adopted by
1186the Agency for Workforce Innovation.
1187     f.  Payment rates adopted by the early learning coalitions
1188coalition and approved by the Agency for Workforce Innovation.
1189Payment rates may not have the effect of limiting parental
1190choice or creating standards or levels of services that have not
1191been expressly established authorized by the Legislature, unless
1192the creation of such standards or levels of service, which must
1193be uniform throughout the state, is approved by the Federal
1194Government and results in the state being eligible to receive
1195additional federal funds available for early learning on a
1196statewide basis.
1197     g.  Systems support services, including a central agency,
1198child care resource and referral, eligibility determinations,
1199training of providers, and parent support and involvement.
1200     g.h.  Direct enhancement services for to families and
1201children. System support and direct enhancement services shall
1202be in addition to payments for the placement of children in
1203school readiness programs. Direct enhancement services for
1204families may include parent training and involvement activities
1205and strategies to meet the needs of unique populations and local
1206eligibility priorities. Enhancement services for children may
1207include provider supports and professional development approved
1208in the plan by the Agency for Workforce Innovation.
1209     h.i.  The business organization of the early learning
1210coalition, which must include the coalition's articles of
1211incorporation and bylaws if the coalition is organized as a
1212corporation. If the coalition is not organized as a corporation
1213or other business entity, the plan must include the contract
1214with a fiscal agent. An early learning coalition may contract
1215with other coalitions to achieve efficiency in multicounty
1216services, and these contracts may be part of the coalition's
1217school readiness plan.
1218     i.  The implementation of locally developed quality
1219programs in accordance with the requirements adopted by the
1220agency under subparagraph (4)(d)5.
1221     j.  Strategies to meet the needs of unique populations,
1222such as migrant workers.
1223
1224As part of the school readiness plan, The Agency for Workforce
1225Innovation early learning coalition may request the Governor to
1226apply for a waiver to allow the coalition to administer the Head
1227Start Program to accomplish the purposes of the school readiness
1228program. If a school readiness plan demonstrates that specific
1229statutory goals can be achieved more effectively by using
1230procedures that require modification of existing rules,
1231policies, or procedures, a request for a waiver to the Agency
1232for Workforce Innovation may be submitted as part of the plan.
1233Upon review, the Agency for Workforce Innovation may grant the
1234proposed modification.
1235     5.  Persons with an early childhood teaching certificate
1236may provide support and supervision to other staff in the school
1237readiness program.
1238     6.  An early learning coalition may not implement its
1239school readiness plan until it submits the plan to and receives
1240approval from the Agency for Workforce Innovation. Once the plan
1241is approved, the plan and the services provided under the plan
1242shall be controlled by the early learning coalition. The plan
1243shall be reviewed and revised as necessary, but at least
1244biennially. An early learning coalition may not implement the
1245revisions until the coalition submits the revised plan to and
1246receives approval from the Agency for Workforce Innovation. If
1247the Agency for Workforce Innovation rejects a revised plan, the
1248coalition must continue to operate under its prior approved
1249plan.
1250     7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
1251apply to an early learning coalition with an approved school
1252readiness programs plan. The Agency for Workforce Innovation To
1253facilitate innovative practices and to allow the regional
1254establishment of school readiness programs, an early learning
1255coalition may apply to the Governor and Cabinet for a waiver of,
1256and the Governor and Cabinet may waive, any of the provisions of
1257ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
1258for implementation of the coalition's school readiness programs
1259plan.
1260     8.  Two or more early learning coalitions counties may join
1261for purposes of planning and implementing a school readiness
1262program.
1263     9.  An early learning coalition may, subject to approval by
1264The Agency for Workforce Innovation as part of the coalition's
1265school readiness plan, receive subsidized child care funds for
1266all children eligible for any federal subsidized child care
1267program.
1268     10.  An early learning coalition may enter into multiparty
1269contracts with multicounty service providers in order to meet
1270the needs of unique populations such as migrant workers.
1271     (e)  Requests for proposals; payment schedule.-
1272     1.  Each early learning coalition must comply with the
1273procurement and expenditure procedures adopted by the Agency for
1274Workforce Innovation, including, but not limited to, applying
1275the procurement and expenditure procedures required by federal
1276law for the expenditure of federal funds s. 287.057 for the
1277procurement of commodities or contractual services from the
1278funds described in paragraph (9)(d). The period of a contract
1279for purchase of these commodities or contractual services,
1280together with any renewal of the original contract, may not
1281exceed 3 years.
1282     2.  Each early learning coalition shall adopt a payment
1283schedule that encompasses all programs funded by the coalition
1284under this section. The payment schedule must take into
1285consideration the prevailing relevant market rate, must include
1286the projected number of children to be served, and must be
1287submitted for approval by the Agency for Workforce Innovation.
1288Informal child care arrangements shall be reimbursed at not more
1289than 50 percent of the rate adopted developed for a family day
1290care home.
1291     (f)  Requirements relating to fiscal agents.-If an early
1292learning coalition is not legally organized as a corporation or
1293other business entity, the coalition must designate a fiscal
1294agent, which may be a public entity, a private nonprofit
1295organization, or a certified public accountant who holds a
1296license under chapter 473. The fiscal agent must provide
1297financial and administrative services under a contract with the
1298early learning coalition. The fiscal agent may not provide
1299direct early childhood education or child care services;
1300however, a fiscal agent may provide those services upon written
1301request of the early learning coalition to the Agency for
1302Workforce Innovation and upon the approval of the request by the
1303agency. The cost of the financial and administrative services
1304shall be negotiated between the fiscal agent and the early
1305learning coalition. If the fiscal agent is a provider of early
1306childhood education and child care programs, the contract must
1307specify that the fiscal agent shall act on policy direction from
1308the early learning coalition and must not receive policy
1309direction from its own corporate board regarding disbursal of
1310the coalition's funds. The fiscal agent shall disburse funds in
1311accordance with the early learning coalition's approved school
1312readiness plan and based on billing and disbursement procedures
1313approved by the Agency for Workforce Innovation. The fiscal
1314agent must conform to all data-reporting requirements
1315established by the Agency for Workforce Innovation.
1316     (f)(g)  Evaluation and annual report.-Each early learning
1317coalition shall conduct an evaluation of its implementation the
1318effectiveness of the school readiness program, including system
1319support services, performance standards, and outcome measures,
1320and shall provide an annual report and fiscal statement to the
1321Agency for Workforce Innovation. This report must also include
1322an evaluation of the effectiveness of its direct enhancement
1323services and conform to the content and format specifications
1324adopted set by the Agency for Workforce Innovation. The Agency
1325for Workforce Innovation must include an analysis of the early
1326learning coalitions' reports in the agency's annual report.
1327     (6)  PROGRAM ELIGIBILITY.-The Each early learning
1328coalition's school readiness program is shall be established for
1329children from birth to the beginning of the school year for
1330which a child is eligible for admission to kindergarten in a
1331public school under s. 1003.21(1)(a)2. or who are eligible for
1332any federal subsidized child care program. Each early learning
1333coalition shall give priority for participation in the school
1334readiness program as follows:
1335     (a)  Priority shall be given first to a child from a family
1336in which there is an adult receiving temporary cash assistance
1337who is subject to federal work requirements.
1338     (b)  Priority shall be given next to a child who is
1339eligible for a school readiness program but who has not yet
1340entered children age 3 years to school, entry who is are served
1341by the Family Safety Program Office of the Department of
1342Children and Family Services or a community-based lead agency
1343under chapter 39 or chapter 409, and for whom child care is
1344needed to minimize risk of further abuse, neglect, or
1345abandonment.
1346     (c)  Subsequent priority shall be given to a child Other
1347eligible populations include children who meets meet one or more
1348of the following criteria:
1349     1.(a)  A child who is younger than Children under the age
1350of kindergarten eligibility and who are:
1351     1.  Children determined to be at risk of abuse, neglect, or
1352exploitation who are currently clients of the Family Safety
1353Program Office of the Department of Children and Family
1354Services, but who are not otherwise given priority under this
1355subsection.
1356     a.2.  Is Children at risk of welfare dependency, including
1357an economically disadvantaged child children, a child children
1358of a participant participants in the welfare transition program,
1359a child of a migratory agricultural worker children of migrant
1360farmworkers, or a child and children of a teen parent parents.
1361     b.3.  Is a member Children of a working family that is
1362economically disadvantaged families whose family income does not
1363exceed 150 percent of the federal poverty level.
1364     c.4.  Children For whom financial assistance is provided
1365through the state is paying a Relative Caregiver Program payment
1366under s. 39.5085.
1367     2.(b)  A 3-year-old child or Three-year-old children and 4-
1368year-old child children who may not be economically
1369disadvantaged but who has a disability; has have disabilities,
1370have been served in a specific part-time exceptional education
1371program or a combination of part-time exceptional education
1372programs with required special services, aids, or equipment;,
1373and was were previously reported for funding part
1374with the Florida Education Finance Program as an exceptional
1375student students.
1376     3.(c)  An economically disadvantaged child children, a
1377child children with a disability disabilities, or a child and
1378children at risk of future school failure, from birth to 4 years
1379of age, who is are served at home through a home visitor program
1380programs and an intensive parent education program programs.
1381     4.(d)  A child Children who meets meet federal and state
1382eligibility requirements for the migrant preschool program but
1383who is do not meet the criteria of economically disadvantaged.
1384
1385As used in this paragraph subsection, the term "economically
1386disadvantaged" child means having a child whose family income
1387that does not exceed 150 percent of the federal poverty level.
1388Notwithstanding any change in a family's economic status, but
1389subject to additional family contributions in accordance with
1390the sliding fee scale, a child who meets the eligibility
1391requirements upon initial registration for the program remains
1392eligible until the beginning of the school year for which the
1393child is eligible for admission to kindergarten in a public
1394school under s. 1003.21(1)(a)2.
1395     (7)  PARENTAL CHOICE.-
1396     (a)  Parental choice of child care providers shall be
1397established, to the maximum extent practicable, in accordance
1398with 45 C.F.R. s. 98.30.
1399     (b)  As used in this subsection, the term "payment
1400certificate" means a child care certificate as defined in 45
1401C.F.R. s. 98.2.
1402     (c)  The school readiness program shall, in accordance with
140345 C.F.R. s. 98.30, provide parental choice through a payment
1404certificate purchase service order that ensures, to the maximum
1405extent possible, flexibility in the school readiness program
1406programs and payment arrangements. According to federal
1407regulations requiring parental choice, a parent may choose an
1408informal child care arrangement. The payment certificate
1409purchase order must bear the names name of the beneficiary and
1410the program provider and, when redeemed, must bear the
1411signatures signature of both the beneficiary and an authorized
1412representative of the provider.
1413     (d)(b)  If it is determined that a provider has given
1414provided any cash to the beneficiary in return for receiving a
1415payment certificate the purchase order, the early learning
1416coalition or its fiscal agent shall refer the matter to the
1417Division of Public Assistance Fraud for investigation.
1418     (e)(c)  The office of the Chief Financial Officer shall
1419establish an electronic transfer system for the disbursement of
1420funds in accordance with this subsection. Each early learning
1421coalition shall fully implement the electronic funds transfer
1422system within 2 years after approval of the coalition's school
1423readiness plan, unless a waiver is obtained from the Agency for
1424Workforce Innovation.
1425     (8)  STANDARDS; OUTCOME MEASURES.-A program provider
1426participating in the All school readiness program programs must
1427meet the performance standards and outcome measures adopted by
1428the Agency for Workforce Innovation.
1429     (9)  FUNDING; SCHOOL READINESS PROGRAM.-
1430     (a)  It is the intent of this section to establish an
1431integrated and quality seamless service delivery system for all
1432publicly funded early childhood education and child care
1433programs operating in this state.
1434     (b)1.  The Agency for Workforce Innovation shall administer
1435school readiness funds, plans, and policies and shall prepare
1436and submit a unified budget request for the school readiness
1437system in accordance with chapter 216.
1438     2.  All instructions to early learning coalitions for
1439administering this section shall emanate from the Agency for
1440Workforce Innovation in accordance with the policies of the
1441Legislature.
1442     (c)  The Agency for Workforce Innovation, subject to
1443legislative notice and review under s. 216.177, shall establish
1444recommend a formula for the allocation among the early learning
1445coalitions of all state and federal school readiness funds
1446provided for children participating in the public or private
1447school readiness program, whether served by a public or private
1448provider, programs based upon equity for each county and
1449performance. The allocation formula must be submitted to the
1450Governor, the chair of the Senate Ways and Means Committee or
1451its successor, and the chair of the House of Representatives
1452Fiscal Council or its successor no later than January 1 of each
1453year. If the Legislature specifies shall specify in the annual
1454General Appropriations Act any changes to from the allocation
1455formula, methodology for the prior fiscal year which must be
1456used by the Agency for Workforce Innovation shall allocate funds
1457as specified in allocating the appropriations provided in the
1458General Appropriations Act.
1459     (d)  All state, federal, and required local maintenance-of-
1460effort, or matching funds provided to an early learning
1461coalition for purposes of this section shall be used by the
1462coalition for implementation of its approved school readiness
1463plan, including the hiring of staff to effectively operate the
1464coalition's school readiness program. As part of plan approval
1465and periodic plan review, The Agency for Workforce Innovation
1466shall require that administrative costs be kept to the minimum
1467necessary for efficient and effective administration of the
1468school readiness plan, but total administrative expenditures
1469must not exceed 5 percent unless specifically waived by the
1470Agency for Workforce Innovation. The Agency for Workforce
1471Innovation shall annually report to the Legislature any problems
1472relating to administrative costs.
1473     (e)  The Agency for Workforce Innovation shall annually
1474distribute, to a maximum extent practicable, all eligible funds
1475provided under this section as block grants to the early
1476learning coalitions in accordance with the terms and conditions
1477specified by the agency.
1478     (f)  State funds appropriated for the school readiness
1479program may not be used for the construction of new facilities
1480or the purchase of buses. The Agency for Workforce Innovation
1481shall present to the Legislature recommendations for providing
1482necessary transportation services for school readiness programs.
1483     (g)  All cost savings and all revenues received through a
1484mandatory sliding fee scale shall be used to help fund each
1485early learning coalition's school readiness program.
1486     (10)  CONFLICTING PROVISIONS.-If In the event of a conflict
1487exists between this section and federal requirements, the
1488federal requirements shall control.
1489     (11)  PLACEMENTS.-Notwithstanding any other provision of
1490this section to the contrary, the first children to be placed in
1491the school readiness program shall be those from families
1492receiving temporary cash assistance and subject to federal work
1493requirements. Subsequent placements shall be made in accordance
1494with subsection (6).
1495     Section 18.  Section 411.0101, Florida Statutes, is amended
1496to read:
1497     411.0101  Child care and early childhood resource and
1498referral.-
1499     (1)  As a part of the school readiness programs, the Agency
1500for Workforce Innovation shall establish a statewide child care
1501resource and referral network that is unbiased and provides
1502referrals to families for child care. Preference shall be given
1503to using the already established early learning coalitions as
1504the child care resource and referral agencies agency. If an
1505early learning coalition cannot comply with the requirements to
1506offer the resource information component or does not want to
1507offer that service, the early learning coalition shall select
1508the resource and referral information agency for its county or
1509multicounty region based upon a request for proposal pursuant to
1510s. 411.01(5)(e)1.
1511     (2)  At least one child care resource and referral agency
1512must be established in each early learning coalition's county or
1513multicounty region. The Agency for Workforce Innovation shall
1514adopt rules regarding accessibility of child care resource and
1515referral services offered through child care resource and
1516referral agencies in each county or multicounty region which
1517include, at a minimum, required hours of operation, methods by
1518which parents may request services, and child care resource and
1519referral staff training requirements.
1520     (3)  Child care resource and referral agencies shall
1521provide the following services:
1522     (a)(1)  Identification of existing public and private child
1523care and early childhood education services, including child
1524care services by public and private employers, and the
1525development of a resource file of those services through the
1526single statewide information system developed by the Agency for
1527Workforce Innovation under s. 411.01(5)(c)1.e. These services
1528may include family day care, public and private child care
1529programs, the Voluntary Prekindergarten Education Program, Head
1530Start, the school readiness program prekindergarten early
1531intervention programs, special education programs for
1532prekindergarten handicapped children with disabilities, services
1533for children with developmental disabilities, full-time and
1534part-time programs, before-school and after-school programs,
1535vacation care programs, parent education, the WAGES Program, and
1536related family support services. The resource file shall
1537include, but not be limited to:
1538     1.(a)  Type of program.
1539     2.(b)  Hours of service.
1540     3.(c)  Ages of children served.
1541     4.(d)  Number of children served.
1542     5.(e)  Significant program information.
1543     6.(f)  Fees and eligibility for services.
1544     7.(g)  Availability of transportation.
1545     (b)(2)  The establishment of a referral process that which
1546responds to parental need for information and that which is
1547provided with full recognition of the confidentiality rights of
1548parents. The resource and referral network programs shall make
1549referrals to legally operating licensed child care facilities.
1550Referrals may not shall be made to a an unlicensed child care
1551facility that is operating illegally or arrangement only if
1552there is no requirement that the facility or arrangement be
1553licensed.
1554     (c)(3)  Maintenance of ongoing documentation of requests
1555for service tabulated through the internal referral process
1556through the single statewide information system. The following
1557documentation of requests for service shall be maintained by the
1558all child care resource and referral network agencies:
1559     1.(a)  Number of calls and contacts to the child care
1560resource information and referral network agency component by
1561type of service requested.
1562     2.(b)  Ages of children for whom service was requested.
1563     3.(c)  Time category of child care requests for each child.
1564     4.(d)  Special time category, such as nights, weekends, and
1565swing shift.
1566     5.(e)  Reason that the child care is needed.
1567     6.(f)  Name of the employer and primary focus of the
1568business.
1569     (d)(4)  Provision of technical assistance to existing and
1570potential providers of child care services. This assistance may
1571include:
1572     1.(a)  Information on initiating new child care services,
1573zoning, and program and budget development and assistance in
1574finding such information from other sources.
1575     2.(b)  Information and resources which help existing child
1576care services providers to maximize their ability to serve
1577children and parents in their community.
1578     3.(c)  Information and incentives that may which could help
1579existing or planned child care services offered by public or
1580private employers seeking to maximize their ability to serve the
1581children of their working parent employees in their community,
1582through contractual or other funding arrangements with
1583businesses.
1584     (e)(5)  Assistance to families and employers in applying
1585for various sources of subsidy including, but not limited to,
1586the Voluntary Prekindergarten Education Program, the school
1587readiness program subsidized child care, Head Start,
1588prekindergarten early intervention programs, Project
1589Independence, private scholarships, and the federal child and
1590dependent care tax credit.
1591     (6)  Assistance to state agencies in determining the market
1592rate for child care.
1593     (f)(7)  Assistance in negotiating discounts or other
1594special arrangements with child care providers.
1595     (8)  Information and assistance to local interagency
1596councils coordinating services for prekindergarten handicapped
1597children.
1598     (g)(9)  Assistance to families in identifying summer
1599recreation camp and summer day camp programs, and in evaluating
1600the health and safety qualities of summer recreation camp and
1601summer day camp programs, and in evaluating the health and
1602safety qualities of summer camp programs. Contingent upon
1603specific appropriation, a checklist of important health and
1604safety qualities that parents can use to choose their summer
1605camp programs shall be developed and distributed in a manner
1606that will reach parents interested in such programs for their
1607children.
1608     (h)(10)  A child care facility licensed under s. 402.305
1609and licensed and registered family day care homes must provide
1610the statewide child care and resource and referral network
1611agencies with the following information annually:
1612     1.(a)  Type of program.
1613     2.(b)  Hours of service.
1614     3.(c)  Ages of children served.
1615     4.(d)  Fees and eligibility for services.
1616     (4)(11)  The Agency for Workforce Innovation shall adopt
1617any rules necessary for the implementation and administration of
1618this section.
1619     Section 19.  Subsection (3), paragraph (b) of subsection
1620(4), and paragraphs (c) and (d) of subsection (5) of section
1621411.0102, Florida Statutes, are amended to read:
1622     411.0102  Child Care Executive Partnership Act; findings
1623and intent; grant; limitation; rules.-
1624     (3)  There is created a body politic and corporate known as
1625the Child Care Executive Partnership which shall establish and
1626govern the Child Care Executive Partnership Program. The purpose
1627of the Child Care Executive Partnership Program is to utilize
1628state and federal funds as incentives for matching local funds
1629derived from local governments, employers, charitable
1630foundations, and other sources, so that Florida communities may
1631create local flexible partnerships with employers. The Child
1632Care Executive Partnership Program funds shall be used at the
1633discretion of local communities to meet the needs of working
1634parents. A child care purchasing pool shall be developed with
1635the state, federal, and local funds to provide subsidies to low-
1636income working parents whose family income does not exceed the
1637allowable income for any federally subsidized child care program
1638who are eligible for subsidized child care with a dollar-for-
1639dollar match from employers, local government, and other
1640matching contributions. The funds used from the child care
1641purchasing pool must be used to supplement or extend the use of
1642existing public or private funds.
1643     (4)  The Child Care Executive Partnership, staffed by the
1644Agency for Workforce Innovation, shall consist of a
1645representative of the Executive Office of the Governor and nine
1646members of the corporate or child care community, appointed by
1647the Governor.
1648     (b)  The Child Care Executive Partnership shall be chaired
1649by a member chosen by a majority vote and shall meet at least
1650quarterly and at other times upon the call of the chair. The
1651Child Care Executive Partnership may use any method of
1652telecommunications to conduct meetings, including establishing a
1653quorum through telecommunications, only if the public is given
1654proper notice of a telecommunications meeting and reasonable
1655access to observe and, when appropriate, participate.
1656     (5)
1657     (c)  The Agency for Workforce Innovation, in conjunction
1658with the Child Care Executive Partnership, shall develop
1659procedures for disbursement of funds through the child care
1660purchasing pools. In order to be considered for funding, an
1661early learning coalition or the Agency for Workforce Innovation
1662must commit to:
1663     1.  Matching the state purchasing pool funds on a dollar-
1664for-dollar basis; and
1665     2.  Expending only those public funds which are matched by
1666employers, local government, and other matching contributors who
1667contribute to the purchasing pool. Parents shall also pay a fee,
1668which may not shall be not less than the amount identified in
1669the early learning coalition's school readiness program
1670subsidized child care sliding fee scale.
1671     (d)  Each early learning coalition board shall be required
1672to establish a community child care task force for each child
1673care purchasing pool. The task force must be composed of
1674employers, parents, private child care providers, and one
1675representative from the local children's services council, if
1676one exists in the area of the purchasing pool. The early
1677learning coalition is expected to recruit the task force members
1678from existing child care councils, commissions, or task forces
1679already operating in the area of a purchasing pool. A majority
1680of the task force shall consist of employers. Each task force
1681shall develop a plan for the use of child care purchasing pool
1682funds. The plan must show how many children will be served by
1683the purchasing pool, how many will be new to receiving child
1684care services, and how the early learning coalition intends to
1685attract new employers and their employees to the program.
1686     Section 20.  Paragraph (b) of subsection (8) of section
1687411.203, Florida Statutes, is amended to read:
1688     411.203  Continuum of comprehensive services.-The
1689Department of Education and the Department of Health and
1690Rehabilitative Services shall utilize the continuum of
1691prevention and early assistance services for high-risk pregnant
1692women and for high-risk and handicapped children and their
1693families, as outlined in this section, as a basis for the
1694intraagency and interagency program coordination, monitoring,
1695and analysis required in this chapter. The continuum shall be
1696the guide for the comprehensive statewide approach for services
1697for high-risk pregnant women and for high-risk and handicapped
1698children and their families, and may be expanded or reduced as
1699necessary for the enhancement of those services. Expansion or
1700reduction of the continuum shall be determined by intraagency or
1701interagency findings and agreement, whichever is applicable.
1702Implementation of the continuum shall be based upon applicable
1703eligibility criteria, availability of resources, and interagency
1704prioritization when programs impact both agencies, or upon
1705single agency prioritization when programs impact only one
1706agency. The continuum shall include, but not be limited to:
1707     (8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1708OF HIGH-RISK CHILDREN.-
1709     (b)  Child care and early childhood programs, including,
1710but not limited to, subsidized child care, licensed
1711nonsubsidized child care facilities, family day care homes,
1712therapeutic child care, Head Start, and preschool programs in
1713public and private schools.
1714     Section 21.  Subsection (2) of section 411.221, Florida
1715Statutes, is amended to read:
1716     411.221  Prevention and early assistance strategic plan;
1717agency responsibilities.-
1718     (2)  The strategic plan and subsequent plan revisions shall
1719incorporate and otherwise utilize, to the fullest extent
1720possible, the evaluation findings and recommendations from
1721intraagency, independent third-party, field projects, and
1722reports issued by the Auditor General or the Office of Program
1723Policy Analysis and Government Accountability, as well as the
1724recommendations of the Agency for Workforce Innovation State
1725Coordinating Council for School Readiness Programs.
1726     Section 22.  Paragraph (c) of subsection (4) of section
1727445.024, Florida Statutes, is amended to read:
1728     445.024  Work requirements.-
1729     (4)  PRIORITIZATION OF WORK REQUIREMENTS.-Regional
1730workforce boards shall require participation in work activities
1731to the maximum extent possible, subject to federal and state
1732funding. If funds are projected to be insufficient to allow
1733full-time work activities by all program participants who are
1734required to participate in work activities, regional workforce
1735boards shall screen participants and assign priority based on
1736the following:
1737     (c)  A participant who has access to subsidized or
1738unsubsidized child care services may be assigned priority for
1739work activities.
1740
1741Regional workforce boards may limit a participant's weekly work
1742requirement to the minimum required to meet federal work
1743activity requirements. Regional workforce boards may develop
1744screening and prioritization procedures based on the allocation
1745of resources, the availability of community resources, the
1746provision of supportive services, or the work activity needs of
1747the service area.
1748     Section 23.  Subsection (2) of section 445.030, Florida
1749Statutes, is amended to read:
1750     445.030  Transitional education and training.-In order to
1751assist former recipients of temporary cash assistance who are
1752working or actively seeking employment in continuing their
1753training and upgrading their skills, education, or training,
1754support services may be provided for up to 2 years after the
1755family is no longer receiving temporary cash assistance. This
1756section does not constitute an entitlement to transitional
1757education and training. If funds are not sufficient to provide
1758services under this section, the board of directors of Workforce
1759Florida, Inc., may limit or otherwise prioritize transitional
1760education and training.
1761     (2)  Regional workforce boards may authorize child care or
1762other support services in addition to services provided in
1763conjunction with employment. For example, a participant who is
1764employed full time may receive subsidized child care services
1765related to that employment and may also receive additional
1766subsidized child care services in conjunction with training to
1767upgrade the participant's skills.
1768     Section 24.  Paragraph (a) of subsection (2) of section
1769490.014, Florida Statutes, is amended to read:
1770     490.014  Exemptions.-
1771     (2)  No person shall be required to be licensed or
1772provisionally licensed under this chapter who:
1773     (a)  Is a salaried employee of a government agency; a
1774developmental disability facility or program; a, mental health,
1775alcohol, or drug abuse facility operating under chapter 393,
1776chapter 394, or chapter 397; the statewide subsidized child care
1777program, subsidized child care case management program, or child
1778care resource and referral network program operating under s.
1779411.0101 pursuant to chapter 402; a child-placing or child-
1780caring agency licensed pursuant to chapter 409; a domestic
1781violence center certified pursuant to chapter 39; an accredited
1782academic institution; or a research institution, if such
1783employee is performing duties for which he or she was trained
1784and hired solely within the confines of such agency, facility,
1785or institution, so long as the employee is not held out to the
1786public as a psychologist pursuant to s. 490.012(1)(a).
1787     Section 25.  Paragraph (a) of subsection (4) of section
1788491.014, Florida Statutes, is amended to read:
1789     491.014  Exemptions.-
1790     (4)  No person shall be required to be licensed,
1791provisionally licensed, registered, or certified under this
1792chapter who:
1793     (a)  Is a salaried employee of a government agency; a
1794developmental disability facility or program; a, mental health,
1795alcohol, or drug abuse facility operating under chapter 393,
1796chapter 394, or chapter 397; the statewide subsidized child care
1797program, subsidized child care case management program, or child
1798care resource and referral network program operating under s.
1799411.0101 pursuant to chapter 402; a child-placing or child-
1800caring agency licensed pursuant to chapter 409; a domestic
1801violence center certified pursuant to chapter 39; an accredited
1802academic institution; or a research institution, if such
1803employee is performing duties for which he or she was trained
1804and hired solely within the confines of such agency, facility,
1805or institution, so long as the employee is not held out to the
1806public as a clinical social worker, mental health counselor, or
1807marriage and family therapist.
1808     Section 26.  Subsection (5) of section 1002.53, Florida
1809Statutes, is amended to read:
1810     1002.53  Voluntary Prekindergarten Education Program;
1811eligibility and enrollment.-
1812     (5)  The early learning coalition shall provide each parent
1813enrolling a child in the Voluntary Prekindergarten Education
1814Program with a profile of every private prekindergarten provider
1815and public school delivering the program within the coalition's
1816county where the child is being enrolled or multicounty region.
1817The profiles shall be provided to parents in a format prescribed
1818by the Agency for Workforce Innovation. The profiles must
1819include, at a minimum, the following information about each
1820provider and school:
1821     (a)  The provider's or school's services, curriculum,
1822instructor credentials, and instructor-to-student ratio; and
1823     (b)  The provider's or school's kindergarten readiness rate
1824calculated in accordance with s. 1002.69, based upon the most
1825recent available results of the statewide kindergarten
1826screening.
1827     Section 27.  Paragraph (b) of subsection (3) of section
18281002.55, Florida Statutes, is amended, and subsection (5) is
1829added to that section, to read:
1830     1002.55  School-year prekindergarten program delivered by
1831private prekindergarten providers.-
1832     (3)  To be eligible to deliver the prekindergarten program,
1833a private prekindergarten provider must meet each of the
1834following requirements:
1835     (b)  The private prekindergarten provider must:
1836     1.  Be accredited by the Southern Association of Colleges
1837and Schools, the Middle States Association of Colleges and
1838Schools, the New England Association of Colleges and Schools,
1839the North Central Association of Colleges and Schools, or the
1840Western Association of Colleges and Schools, or by an
1841accrediting association that is a member of the National Council
1842for Private School Accreditation, the Commission on
1843International and Trans-Regional Accreditation, or the Florida
1844Association of Academic Nonpublic Schools, and have written
1845accrediting accreditation standards that meet or exceed the
1846state's licensing requirements under s. 402.305, s. 402.313, or
1847s. 402.3131 and require at least one onsite visit to the
1848provider or school before accreditation is granted;
1849     2.  Hold a current Gold Seal Quality Care designation under
1850s. 402.281; or
1851     3.  Be licensed under s. 402.305, s. 402.313, or s.
1852402.3131 and demonstrate, before delivering the Voluntary
1853Prekindergarten Education Program, as verified by the early
1854learning coalition, that the provider meets each of the
1855requirements of the program under this part, including, but not
1856limited to, the requirements for credentials and background
1857screenings of prekindergarten instructors under paragraphs (c)
1858and (d), minimum and maximum class sizes under paragraph (f),
1859prekindergarten director credentials under paragraph (g), and a
1860developmentally appropriate curriculum under s. 1002.67(2)(b).
1861     (5)  Notwithstanding paragraph (3)(b), a private
1862prekindergarten provider may not participate in the Voluntary
1863Prekindergarten Education Program if the provider has child
1864disciplinary policies that do not prohibit children from being
1865subjected to discipline that is severe, humiliating,
1866frightening, or associated with food, rest, toileting, spanking,
1867or any other form of physical punishment as provided in s.
1868402.305(12).
1869     Section 28.  Paragraph (c) of subsection (3) of section
18701002.67, Florida Statutes, is amended to read:
1871     1002.67  Performance standards; curricula and
1872accountability.-
1873     (3)
1874     (c)1.  If the kindergarten readiness rate of a private
1875prekindergarten provider or public school falls below the
1876minimum rate adopted by the State Board of Education as
1877satisfactory under s. 1002.69(6), the early learning coalition
1878or school district, as applicable, shall require the provider or
1879school to submit an improvement plan for approval by the
1880coalition or school district, as applicable, and to implement
1881the plan.
1882     2.  If a private prekindergarten provider or public school
1883fails to meet the minimum rate adopted by the State Board of
1884Education as satisfactory under s. 1002.69(6) for 2 consecutive
1885years, the early learning coalition or school district, as
1886applicable, shall place the provider or school on probation and
1887must require the provider or school to take certain corrective
1888actions, including the use of a curriculum approved by the
1889department under paragraph (2)(c).
1890     3.  A private prekindergarten provider or public school
1891that is placed on probation must continue the corrective actions
1892required under subparagraph 2., including the use of a
1893curriculum approved by the department, until the provider or
1894school meets the minimum rate adopted by the State Board of
1895Education as satisfactory under s. 1002.69(6).
1896     4.  If a private prekindergarten provider or public school
1897remains on probation for 2 consecutive years and fails to meet
1898the minimum rate adopted by the State Board of Education as
1899satisfactory under s. 1002.69(6) and is not granted a good cause
1900exemption by the department pursuant to s. 1002.69(7), the
1901Agency for Workforce Innovation shall require the early learning
1902coalition or the Department of Education shall require the
1903school district, as applicable, to remove, as applicable, the
1904provider or school from eligibility to deliver the Voluntary
1905Prekindergarten Education Program and receive state funds for
1906the program.
1907     Section 29.  Subsection (7) is added to section 1002.69,
1908Florida Statutes, to read:
1909     1002.69  Statewide kindergarten screening; kindergarten
1910readiness rates.-
1911     (7)(a)  Notwithstanding s. 1002.67(3)(c)4., the State Board
1912of Education, upon the request of a private prekindergarten
1913provider or public school that remains on probation for 2
1914consecutive years or more and subsequently fails to meet the
1915minimum rate adopted under subsection (6) and for good cause
1916shown, may grant to the provider or school an exemption from
1917being determined ineligible to deliver the Voluntary
1918Prekindergarten Education Program and receive state funds for
1919the program. Such a good cause exemption is valid for 1 year
1920and, upon the request of the private prekindergarten provider or
1921public school and for good cause shown, may be renewed.
1922     (b)  A private prekindergarten provider's or public
1923school's request for a good cause exemption, or renewal of such
1924an exemption, must be submitted to the state board in the manner
1925and within the timeframes prescribed by the state board and must
1926include the following:
1927     1.  Submission of data by the private prekindergarten
1928provider or public school that documents on a standardized
1929assessment the achievement and progress of the children served.
1930     2.  Submission and review of data available from the
1931respective early learning coalition or district school board,
1932the Department of Children and Family Services, local licensing
1933authority, or an accrediting association, as applicable,
1934relating to the private prekindergarten provider's or public
1935school's compliance with state and local health and safety
1936standards.
1937     3.  Submission and review of data available to the
1938department on the performance of the children served and the
1939calculation of the private prekindergarten provider's or public
1940school's kindergarten readiness rate.
1941     (c)  The State Board of Education shall adopt criteria for
1942granting good cause exemptions. Such criteria shall include, but
1943are not limited to:
1944     1.  Learning gains of children served in the Voluntary
1945Prekindergarten Education Program by the private prekindergarten
1946provider or public school.
1947     2.  Verification that the private prekindergarten provider
1948or public school serves at least twice the statewide percentage
1949of children with disabilities as defined in s. 1003.01(3)(a) or
1950children identified as limited English proficient as defined in
1951s. 1003.56.
1952     3.  Verification that local and state health and safety
1953requirements are met.
1954     (d)  A good cause exemption may not be granted to any
1955private prekindergarten provider that has any class I violations
1956or two or more class II violations within the 2 years preceding
1957the provider's or school's request for the exemption. For
1958purposes of this paragraph, class I and class II violations have
1959the same meaning as provided in s. 402.281(3).
1960     (e)  A private prekindergarten provider or public school
1961granted a good cause exemption shall continue to implement its
1962improvement plan and continue the corrective actions required
1963under s. 1002.67(3)(c)2., including the use of a curriculum
1964approved by the department, until the provider or school meets
1965the minimum rate adopted under subsection (6).
1966     (f)  The State Board of Education shall notify the Agency
1967for Workforce Innovation of any good cause exemption granted to
1968a private prekindergarten provider under this subsection. If a
1969good cause exemption is granted to a private prekindergarten
1970provider who remains on probation for 2 consecutive years, the
1971Agency for Workforce Innovation shall notify the early learning
1972coalition of the good cause exemption and direct that the
1973coalition, notwithstanding s. 1002.67(3)(c)4., not remove the
1974provider either from eligibility to deliver the Voluntary
1975Prekindergarten Education Program or to receive state funds for
1976the program, if the provider meets all other applicable
1977requirements of this part.
1978     Section 30.  Paragraph (b) of subsection (6) of section
19791002.71, Florida Statutes, is amended to read:
1980     1002.71  Funding; financial and attendance reporting.-
1981     (6)
1982     (b)1.  Each private prekindergarten provider's and district
1983school board's attendance policy must require the parent of each
1984student in the Voluntary Prekindergarten Education Program to
1985verify, each month, the student's attendance on the prior
1986month's certified student attendance.
1987     2.  The parent must submit the verification of the
1988student's attendance to the private prekindergarten provider or
1989public school on forms prescribed by the Agency for Workforce
1990Innovation. The forms must include, in addition to the
1991verification of the student's attendance, a certification, in
1992substantially the following form, that the parent continues to
1993choose the private prekindergarten provider or public school in
1994accordance with s. 1002.53 and directs that payments for the
1995program be made to the provider or school:
1996
1997
VERIFICATION OF STUDENT'S ATTENDANCE
1998
AND CERTIFICATION OF PARENTAL CHOICE
1999
2000     I, ...(Name of Parent)..., swear (or affirm) that my
2001child,...(Name of Student)..., attended the Voluntary
2002Prekindergarten Education Program on the days listed above and
2003certify that I continue to choose ...(Name of Provider or
2004School)... to deliver the program for my child and direct that
2005program funds be paid to the provider or school for my child.
2006
2007     ...(Signature of Parent)...
2008     ...(Date)...
2009
2010     3.  The private prekindergarten provider or public school
2011must keep each original signed form for at least 2 years. Each
2012private prekindergarten provider must permit the early learning
2013coalition, and each public school must permit the school
2014district, to inspect the original signed forms during normal
2015business hours. The Agency for Workforce Innovation shall adopt
2016procedures for early learning coalitions and school districts to
2017review the original signed forms against the certified student
2018attendance. The review procedures shall provide for the use of
2019selective inspection techniques, including, but not limited to,
2020random sampling. Each early learning coalition and the school
2021districts district must comply with the review procedures.
2022     Section 31.  Paragraph (d) is added to subsection (2) of
2023section 1002.73, Florida Statutes, to read:
2024     1002.73  Department of Education; powers and duties;
2025accountability requirements.-
2026     (2)  The department shall adopt procedures for the
2027department's:
2028     (d)  Granting of good cause exemptions from private
2029prekindergarten providers' and public schools' being determined
2030ineligible to deliver the program and receive state funds for
2031the program.
2032     Section 32.  Paragraph (b) of subsection (4) of section
20331009.64, Florida Statutes, is amended to read:
2034     1009.64  Certified Education Paraprofessional Welfare
2035Transition Program.-
2036     (4)  The agencies shall complete an implementation plan
2037that addresses at least the following recommended components of
2038the program:
2039     (b)  A budget for use of incentive funding to provide
2040motivation to participants to succeed and excel. The budget for
2041incentive funding includes:
2042     1.  Funds allocated by the Legislature directly for the
2043program.
2044     2.  Funds that may be made available from the federal
2045Workforce Investment Act based on client eligibility or
2046requested waivers to make the clients eligible.
2047     3.  Funds made available by implementation strategies that
2048would make maximum use of work supplementation funds authorized
2049by federal law.
2050     4.  Funds authorized by strategies to lengthen
2051participants' eligibility for federal programs such as Medicaid,
2052subsidized child care services, and transportation.
2053
2054Incentives may include a stipend during periods of college
2055classroom training, a bonus and recognition for a high grade-
2056point average, child care and prekindergarten services for
2057children of participants, and services to increase a
2058participant's ability to advance to higher levels of employment.
2059Nonfinancial incentives should include providing a mentor or
2060tutor, and service incentives should continue and increase for
2061any participant who plans to complete the baccalaureate degree
2062and become a certified teacher. Services may be provided in
2063accordance with family choice by community colleges and school
2064district career centers, through family service centers and
2065full-service schools, or under contract with providers through
2066central agencies.
2067     Section 33.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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