Florida Senate - 2010 SB 2014
By Senator Wise
1 A bill to be entitled
2 An act relating to early learning; amending s.
3 39.0121, F.S.; deleting an obsolete reference to the
4 repealed subsidized child care program; amending s.
5 39.202, F.S.; replacing an obsolete reference to a
6 repealed program with an updated reference to the
7 school readiness program; authorizing county agencies
8 responsible for licensure or approval of child care
9 providers to be granted access to certain confidential
10 reports and records in cases of child abuse or
11 neglect; amending s. 39.5085, F.S.; deleting an
12 obsolete reference to a repealed program; amending s.
13 383.14, F.S.; replacing obsolete references to the
14 former State Coordinating Council for School Readiness
15 Programs with updated references to the Agency for
16 Workforce Innovation; transferring, renumbering, and
17 amending s. 402.25, F.S.; updating an obsolete
18 reference to a repealed program; deleting obsolete
19 references relating to the repealed prekindergarten
20 early intervention program and Florida First Start
21 Program; amending s. 402.26, F.S.; revising
22 legislative intent; updating an obsolete reference to
23 a repealed program; amending s. 402.281, F.S.;
24 updating an obsolete reference to a former council;
25 requiring that the Department of Children and Family
26 Services consult with the Agency for Workforce
27 Innovation regarding the approval of accrediting
28 associations for the Gold Seal Quality Care program;
29 transferring and renumbering s. 402.3016, F.S.,
30 relating to Early Head Start collaboration grants;
31 transferring, renumbering, and amending s. 402.3018,
32 F.S.; transferring administration of the statewide
33 toll-free Warm-Line from the department to the agency;
34 conforming provisions; transferring, renumbering, and
35 amending s. 402.3051, F.S.; revising procedures for
36 child care market rate reimbursement and child care
37 grants; transferring authority to establish the
38 procedures from the department to the agency;
39 directing the agency to adopt a prevailing market rate
40 schedule for child care services; revising
41 definitions; prohibiting the schedule from interfering
42 with parental choice; authorizing the agency to enter
43 into contracts and adopt rules; amending s. 402.313,
44 F.S.; deleting obsolete provisions authorizing the
45 department to license family day care homes
46 participating in a repealed program; repealing ss.
47 402.3135 and 402.3145, F.S., relating to the
48 subsidized child care program case management program
49 and the subsidized child care transportation program;
50 amending s. 402.315, F.S.; revising provisions
51 relating to fees collected for child care facilities;
52 amending s. 402.45, F.S.; updating an obsolete
53 reference relating to a former council; directing the
54 Department of Health to consult with the agency
55 regarding certain training provided for contractors of
56 the community resource mother or father program;
57 amending s. 409.1671, F.S.; clarifying that a licensed
58 foster home may be dually licensed as a child care
59 facility and receive certain payments for the same
60 child; deleting an obsolete reference to a repealed
61 program; amending s. 411.01, F.S.; revising provisions
62 relating to the School Readiness Act; revising
63 legislative intent; revising the duties and
64 responsibilities of the Agency for Workforce
65 Innovation; deleting obsolete provisions relating to
66 procedures for merging early learning coalitions;
67 revising requirements for parental choice; directing
68 the agency to establish a formula for allocating
69 school readiness funds to each county; providing for
70 legislative notice and review of the formula; amending
71 s. 411.0101, F.S.; revising requirements for services
72 provided by the statewide child care resource and
73 referral network; updating obsolete references to
74 repealed programs; amending s. 411.0102, F.S.;
75 revising provisions relating to the Child Care
76 Executive Partnership Act; updating obsolete
77 references to repealed programs; deleting provisions
78 relating to the duties of each early coalition board;
79 amending s. 411.203, F.S.; deleting an obsolete
80 reference to a repealed program; conforming
81 provisions; amending s. 411.221, F.S.; updating an
82 obsolete reference to a former council; amending ss.
83 445.024, 445.030, 490.014, and 491.014, F.S.; deleting
84 obsolete references to repealed programs; conforming
85 provisions to the repeal of the subsidized child care
86 case management program; amending ss. 1002.53,
87 1002.55, 1002.67, and 1002.71, F.S.; revising
88 provisions relating to the eligibility requirements
89 for private prekindergarten providers; conforming
90 provisions to changes made by the act; amending s.
91 1009.64, F.S.; deleting an obsolete reference to a
92 repealed program; providing an effective date.
94 Be It Enacted by the Legislature of the State of Florida:
96 Section 1. Subsection (7) of section 39.0121, Florida
97 Statutes, is amended to read:
98 39.0121 Specific rulemaking authority.—Pursuant to the
99 requirements of s. 120.536, the department is specifically
100 authorized to adopt, amend, and repeal administrative rules
101 which implement or interpret law or policy, or describe the
102 procedure and practice requirements necessary to implement this
103 chapter, including, but not limited to, the following:
104 (7) Federal funding requirements and procedures; foster
105 care and adoption subsidies; and subsidized independent living
106 and subsidized child care.
107 Section 2. Paragraph (a) of subsection (2) of section
108 39.202, Florida Statutes, is amended to read:
109 39.202 Confidentiality of reports and records in cases of
110 child abuse or neglect.—
111 (2) Except as provided in subsection (4), access to such
112 records, excluding the name of the reporter which shall be
113 released only as provided in subsection (5), shall be granted
114 only to the following persons, officials, and agencies:
115 (a) Employees, authorized agents, or contract providers of
116 the department, the Department of Health, the Agency for Persons
117 with Disabilities, or county agencies responsible for carrying
119 1. Child or adult protective investigations;
120 2. Ongoing child or adult protective services;
121 3. Early intervention and prevention services;
122 4. Healthy Start services;
123 5. Licensure or approval of adoptive homes, foster homes,
124 child care facilities, facilities licensed under chapter 393, or
125 family day care homes or informal child care providers who
126 receive school readiness subsidized child care funding, or other
127 homes used to provide for the care and welfare of children; or
128 6. Services for victims of domestic violence when provided
129 by certified domestic violence centers working at the
130 department’s request as case consultants or with shared clients.
132 Also, employees or agents of the Department of Juvenile Justice
133 responsible for the provision of services to children, pursuant
134 to chapters 984 and 985.
135 Section 3. Paragraph (f) of subsection (2) of section
136 39.5085, Florida Statutes, is amended to read:
137 39.5085 Relative Caregiver Program.—
139 (f) Within available funding, the Relative Caregiver
140 Program shall provide relative caregivers with family support
141 and preservation services, flexible funds in accordance with s.
142 409.165, subsidized child care, and other available services in
143 order to support the child’s safety, growth, and healthy
144 development. Children living with relative caregivers who are
145 receiving assistance under this section shall be eligible for
146 Medicaid coverage.
147 Section 4. Paragraph (b) of subsection (1) and subsection
148 (2) of section 383.14, Florida Statutes, are amended to read:
149 383.14 Screening for metabolic disorders, other hereditary
150 and congenital disorders, and environmental risk factors.—
151 (1) SCREENING REQUIREMENTS.—To help ensure access to the
152 maternal and child health care system, the Department of Health
153 shall promote the screening of all newborns born in Florida for
154 metabolic, hereditary, and congenital disorders known to result
155 in significant impairment of health or intellect, as screening
156 programs accepted by current medical practice become available
157 and practical in the judgment of the department. The department
158 shall also promote the identification and screening of all
159 newborns in this state and their families for environmental risk
160 factors such as low income, poor education, maternal and family
161 stress, emotional instability, substance abuse, and other high
162 risk conditions associated with increased risk of infant
163 mortality and morbidity to provide early intervention,
164 remediation, and prevention services, including, but not limited
165 to, parent support and training programs, home visitation, and
166 case management. Identification, perinatal screening, and
167 intervention efforts shall begin prior to and immediately
168 following the birth of the child by the attending health care
169 provider. Such efforts shall be conducted in hospitals,
170 perinatal centers, county health departments, school health
171 programs that provide prenatal care, and birthing centers, and
172 reported to the Office of Vital Statistics.
173 (b) Postnatal screening.—A risk factor analysis using the
174 department’s designated risk assessment instrument shall also be
175 conducted as part of the medical screening process upon the
176 birth of a child and submitted to the department’s Office of
177 Vital Statistics for recording and other purposes provided for
178 in this chapter. The department’s screening process for risk
179 assessment shall include a scoring mechanism and procedures that
180 establish thresholds for notification, further assessment,
181 referral, and eligibility for services by professionals or
182 paraprofessionals consistent with the level of risk. Procedures
183 for developing and using the screening instrument, notification,
184 referral, and care coordination services, reporting
185 requirements, management information, and maintenance of a
186 computer-driven registry in the Office of Vital Statistics which
187 ensures privacy safeguards must be consistent with the
188 provisions and plans established under chapter 411, Pub. L. No.
189 99-457, and this chapter. Procedures established for reporting
190 information and maintaining a confidential registry must include
191 a mechanism for a centralized information depository at the
192 state and county levels. The department shall coordinate with
193 existing risk assessment systems and information registries. The
194 department must ensure, to the maximum extent possible, that the
195 screening information registry is integrated with the
196 department’s automated data systems, including the Florida On
197 line Recipient Integrated Data Access (FLORIDA) system. Tests
198 and screenings must be performed by the State Public Health
199 Laboratory, in coordination with Children’s Medical Services, at
200 such times and in such manner as is prescribed by the department
201 after consultation with the Genetics and Infant Screening
202 Advisory Council and the Agency for Workforce Innovation State
203 Coordinating Council for School Readiness Programs.
204 (2) RULES.—After consultation with the Genetics and Newborn
205 Screening Advisory Council, the department shall adopt and
206 enforce rules requiring that every newborn in this state shall,
207 prior to becoming 1 week of age, be subjected to a test for
208 phenylketonuria and, at the appropriate age, be tested for such
209 other metabolic diseases and hereditary or congenital disorders
210 as the department may deem necessary from time to time. After
211 consultation with the Agency for Workforce Innovation State
212 Coordinating Council for School Readiness Programs, the
213 department shall also adopt and enforce rules requiring every
214 newborn in this state to be screened for environmental risk
215 factors that place children and their families at risk for
216 increased morbidity, mortality, and other negative outcomes. The
217 department shall adopt such additional rules as are found
218 necessary for the administration of this section and s. 383.145,
219 including rules providing definitions of terms, rules relating
220 to the methods used and time or times for testing as accepted
221 medical practice indicates, rules relating to charging and
222 collecting fees for the administration of the newborn screening
223 program authorized by this section, rules for processing
224 requests and releasing test and screening results, and rules
225 requiring mandatory reporting of the results of tests and
226 screenings for these conditions to the department.
227 Section 5. Section 402.25, Florida Statutes, is
228 transferred, renumbered as section 411.0106, Florida Statutes,
229 and amended to read:
230 411.0106 402.25 Infants and toddlers in state-funded
231 education and care programs; brain development activities.—Each
232 state-funded education and care program for children from birth
233 to 5 years of age must provide activities to foster brain
234 development in infants and toddlers. A program must provide an
235 environment that helps children attain the performance standards
236 adopted by the Agency for Workforce Innovation under s.
237 411.01(4)(d)8. and must be rich in language and music and filled
238 with objects of various colors, shapes, textures, and sizes to
239 stimulate visual, tactile, auditory, and linguistic senses in
240 the children and must include classical music and at least 30
241 minutes of reading to the children each day. A program may be
242 offered through an existing early childhood program such as
243 Healthy Start, the Title I program, the school readiness program
244 contracted or directly operated subsidized child care, the
245 prekindergarten early intervention program, Florida First Start,
246 the Head Start program, or a private child care program. A
247 program must provide training for the infants’ and toddlers’
248 parents including direct dialogue and interaction between
249 teachers and parents demonstrating the urgency of brain
250 development in the first year of a child’s life. Family day care
251 centers are encouraged, but not required, to comply with this
253 Section 6. Subsection (5) of section 402.26, Florida
254 Statutes, is amended to read:
255 402.26 Child care; legislative intent.—
256 (5) It is the further intent of the Legislature to provide
257 and make accessible child care opportunities for children at
258 risk, economically disadvantaged children, and other children
259 traditionally disenfranchised from society. In achieving this
260 intent, the Legislature shall develop early learning programs a
261 subsidized child care system, a range of child care options,
262 support services, and linkages with other programs to fully meet
263 the child care needs of this population.
264 Section 7. Subsection (2) of section 402.281, Florida
265 Statutes, is amended to read:
266 402.281 Gold Seal Quality Care program.—
267 (2) In developing the Gold Seal Quality Care program
268 standards, the department shall consult with the Department of
269 Education, the Agency for Workforce Innovation, the Florida Head
270 Start Directors Association, the Florida Association of Child
271 Care Management, the Florida Family Day Care Association, the
272 Florida Children’s Forum, the State Coordinating Council for
273 School Readiness Programs, the Early Childhood Association of
274 Florida, the National Association for Child Development
275 Education, providers receiving exemptions under s. 402.316, and
276 parents , for the purpose of approving the accrediting
278 Section 8. Section 402.3016, Florida Statutes, is
279 transferred and renumbered as section 411.0104, Florida
281 Section 9. Section 402.3018, Florida Statutes, is
282 transferred, renumbered as section 411.01015, Florida Statutes,
283 and amended to read:
284 411.01015 402.3018 Consultation to child care centers and
285 family day care homes regarding health, developmental,
286 disability, and special needs issues.—
287 (1) Contingent upon specific appropriations, the Agency for
288 Workforce Innovation shall administer department is directed to
289 contract with the statewide resource information and referral
290 agency for a statewide toll-free Warm-Line for the purpose of
291 providing assistance and consultation to child care centers and
292 family day care homes regarding health, developmental,
293 disability, and special needs issues of the children they are
294 serving, particularly children with disabilities and other
295 special needs.
296 (2) The purpose of the Warm-Line is to provide advice to
297 child care personnel concerning strategies, curriculum, and
298 environmental adaptations that allow a child with a disability
299 or special need to derive maximum benefit from the child care
300 services experience.
301 (3) The Agency for Workforce Innovation department shall
302 annually inform child care centers and family day care homes of
303 the availability of this service through the child care resource
304 and referral network under s. 411.0101 , on an annual basis.
305 (4) Contingent upon specific appropriations, the Agency for
306 Workforce Innovation department shall expand, or contract for
307 the expansion of, the Warm-Line to maintain at least one Warm
308 Line site in each early learning coalition service area from one
309 statewide site to one Warm-Line site in each child care resource
310 and referral agency region.
311 (5) Each regional Warm-Line shall provide assistance and
312 consultation to child care centers and family day care homes
313 regarding health, developmental, disability, and special needs
314 issues of the children they are serving, particularly children
315 with disabilities and other special needs. Regional Warm-Line
316 staff shall provide onsite technical assistance, when requested,
317 to assist child care centers and family day care homes with
318 inquiries relative to the strategies, curriculum, and
319 environmental adaptations the child care centers and family day
320 care homes may need as they serve children with disabilities and
321 other special needs.
322 Section 10. Section 402.3051, Florida Statutes, is
323 transferred, renumbered as section 411.01013, Florida Statutes,
324 and amended to read:
325 (Substantial rewording of section. See
326 s. 402.3051, F.S., for present text.)
327 411.01013 Prevailing market rate schedule.—
328 (1) As used in this section, the term:
329 (a) “Market rate” means the price that a child care
330 provider charges for daily, weekly, or monthly child care
332 (b) “Prevailing market rate” means the annually determined
333 75th percentile of a reasonable frequency distribution of the
334 market rate in a predetermined geographic market at which child
335 care providers charge a person for child care services.
336 (2) The Agency for Workforce Innovation shall establish
337 procedures for the adoption of a prevailing market rate
338 schedule. The schedule must include, at a minimum, county-by
339 county rates:
340 (a) At the prevailing market rate, plus the maximum rate,
341 for child care providers that hold a Gold Seal Quality Care
342 designation under s. 402.281.
343 (b) At the prevailing market rate for child care providers
344 that do not hold a Gold Seal Quality Care designation.
345 (3) The prevailing market rate schedule, at a minimum,
347 (a) Differentiate rates by the type of child care provider,
348 including, but not limited to, a child care facility licensed
349 under s. 402.305, a public or nonpublic school exempt from
350 licensure under s. 402.3025, a faith-based child care facility
351 exempt from licensure under s. 402.316, a large family child
352 care home licensed under s. 402.3131, a family day care home
353 licensed or registered under s. 402.313, or an after-school
354 program that is not defined as child care under rules adopted
355 pursuant to s. 402.3045.
356 (b) Differentiate rates by the type of child care services
357 provided for children with special needs or risk categories,
358 infants, toddlers, preschool-age children, and school-age
360 (c) Differentiate rates between full-time and part-time
361 child care services.
362 (d) Consider discounted rates for child care services for
363 multiple children in a single family.
364 (4) The prevailing market rate schedule may not interfere
365 with the parental choice of child care providers under s.
366 411.01, regardless of available funding for the school readiness
367 program. The prevailing market rate schedule must be based
368 exclusively on the prices charged for child care services.
369 (5) The Agency for Workforce Innovation may contract with
370 one or more qualified entities to administer this section and
371 provide support and technical assistance for child care
373 (6) The Agency for Workforce Innovation may adopt rules
374 pursuant to ss. 120.536(1) and 120.54 to administer this
376 Section 11. Subsection (1) of section 402.313, Florida
377 Statutes, is amended to read:
378 402.313 Family day care homes.—
379 (1) Family day care homes shall be licensed under this act
380 if they are presently being licensed under an existing county
381 licensing ordinance , if they are participating in the subsidized
382 child care program, or if the board of county commissioners
383 passes a resolution that family day care homes be licensed. If
384 no county authority exists for the licensing of a family day
385 care home, the department shall have the authority to license
386 family day care homes under contract for the purchase-of-service
387 system in the subsidized child care program.
388 (a) If not subject to license, family day care homes shall
389 register annually with the department, providing the following
391 1. The name and address of the home.
392 2. The name of the operator.
393 3. The number of children served.
394 4. Proof of a written plan to provide at least one other
395 competent adult to be available to substitute for the operator
396 in an emergency. This plan shall include the name, address, and
397 telephone number of the designated substitute.
398 5. Proof of screening and background checks.
399 6. Proof of successful completion of the 30-hour training
400 course, as evidenced by passage of a competency examination,
401 which shall include:
402 a. State and local rules and regulations that govern child
404 b. Health, safety, and nutrition.
405 c. Identifying and reporting child abuse and neglect.
406 d. Child development, including typical and atypical
407 language development; and cognitive, motor, social, and self
408 help skills development.
409 e. Observation of developmental behaviors, including using
410 a checklist or other similar observation tools and techniques to
411 determine a child’s developmental level.
412 f. Specialized areas, including early literacy and language
413 development of children from birth to 5 years of age, as
414 determined by the department, for owner-operators of family day
415 care homes.
416 7. Proof that immunization records are kept current.
417 8. Proof of completion of the required continuing education
418 units or clock hours.
419 (b) A family day care home not participating in the
420 subsidized child care program may volunteer to be licensed under
421 the provisions of this act.
422 (c) The department may provide technical assistance to
423 counties and family day care home providers to enable counties
424 and family day care providers to achieve compliance with family
425 day care homes standards.
426 Section 12. Sections 402.3135 and 402.3145, Florida
427 Statutes, are repealed.
428 Section 13. Subsection (3) of section 402.315, Florida
429 Statutes, is amended to read:
430 402.315 Funding; license fees.—
431 (3) The department shall collect a fee for any license it
432 issues for a child care facility pursuant to ss. 402.3131,
433 402.305, and 402.313 s. 402.308.
434 (a) For child care facilities licensed pursuant to s.
435 402.305, such fee shall be $1 per child based on the licensed
436 capacity of the facility, except that the minimum fee shall be
437 $25 per facility center and the maximum fee shall be $100 per
438 facility center.
439 (b) For family day care homes registered pursuant to s.
440 402.313, such fee shall be $25.
441 (c) For family day care homes licensed pursuant to s.
442 402.313, such fee shall be $50.
443 (d) For large family child care homes licensed pursuant to
444 s. 402.3131, such fee shall be $60.
445 Section 14. Subsection (6) of section 402.45, Florida
446 Statutes, is amended to read:
447 402.45 Community resource mother or father program.—
448 (6) Individuals under contract to provide community
449 resource mother or father services shall participate in
450 preservice and ongoing training as determined by the Department
451 of Health in consultation with the Agency for Workforce
452 Innovation State Coordinating Council for School Readiness
453 Programs. A community resource mother or father shall not be
454 assigned a client caseload until all preservice training
455 requirements are completed.
456 Section 15. Paragraph (c) of subsection (5) of section
457 409.1671, Florida Statutes, is amended to read:
458 409.1671 Foster care and related services; outsourcing.—
460 (c) A foster home dually licensed home under this section
461 may shall be dually licensed as a child care facility under
462 chapter 402 and may eligible to receive both an out-of-home care
463 payment and, to the extent permitted under federal law, school
464 readiness funding a subsidized child care payment for the same
465 child pursuant to federal law. The department may adopt
466 administrative rules necessary to administer this paragraph.
467 Section 16. Paragraphs (a), (d), (e), (f), (g), and (h) of
468 subsection (2) and subsections (4) through (11) of section
469 411.01, Florida Statutes, are amended to read:
470 411.01 School readiness programs; early learning
472 (2) LEGISLATIVE INTENT.—
473 (a) The Legislature recognizes that school readiness
474 programs increase children’s chances of achieving future
475 educational success and becoming productive members of society.
476 It is the intent of the Legislature that the programs be
477 developmentally appropriate, research-based, involve the parent
478 parents as a their child’s first teacher, serve as preventive
479 measures for children at risk of future school failure, enhance
480 the educational readiness of eligible children, and support
481 family education. Each school readiness program shall provide
482 the elements necessary to prepare at-risk children for school,
483 including health screening and referral and an appropriate
484 educational program.
485 (d) It is the intent of the Legislature that the
486 administrative staff at the state level for school readiness
487 programs be kept to the minimum necessary to administer the
488 duties of the Agency for Workforce Innovation and early learning
489 coalitions , as the school readiness programs are to be
490 regionally designed, operated, and managed, with the Agency for
491 Workforce Innovation developing school readiness program
492 performance standards and outcome measures and approving and
493 reviewing early learning coalitions and school readiness plans.
494 (e) It is the intent of the Legislature that appropriations
495 for combined school readiness programs shall not be less than
496 the programs would receive in any fiscal year on an uncombined
498 (e) (f) It is the intent of the Legislature that the school
499 readiness program coordinate and operate in conjunction with the
500 district school systems. However, it is also the intent of the
501 Legislature that the school readiness program not be construed
502 as part of the system of free public schools but rather as a
503 separate program for children under the age of kindergarten
504 eligibility, funded separately from the system of free public
505 schools, utilizing a mandatory sliding fee scale, and providing
506 an integrated and seamless system of school readiness services
507 for the state’s birth-to-kindergarten population.
508 (g) It is the intent of the Legislature that the federal
509 child care income tax credit be preserved for school readiness
511 (f) (h) It is the intent of the Legislature that school
512 readiness services shall be an integrated and seamless program
513 system of services with a developmentally appropriate education
514 component for the state’s eligible birth-to-kindergarten
515 population described in subsection (6) and shall not be
516 construed as part of the seamless K-20 education system.
517 (4) AGENCY FOR WORKFORCE INNOVATION.—
518 (a) The Agency for Workforce Innovation shall administer
519 school readiness programs at the state level and shall
520 coordinate with the early learning coalitions in providing
521 school readiness services on a full-day, full-year, full-choice
522 basis to the extent possible in order to enable parents to work
523 and be financially self-sufficient.
524 (b) The Agency for Workforce Innovation shall:
525 1. Coordinate the birth-to-kindergarten services for
526 children who are eligible under subsection (6) and the
527 programmatic, administrative, and fiscal standards under this
528 section for all public providers of school readiness programs.
529 2. Continue to provide unified leadership for school
530 readiness through early learning coalitions.
531 2. 3. Focus on improving the educational quality of all
532 program providers participating in publicly funded school
533 readiness programs.
534 (c) For purposes of administration of the federal Child
535 Care and Development Fund, 45 C.F.R. parts 98 and 99, the Agency
536 for Workforce Innovation is may be designated by the Governor as
537 the lead agency and , if so designated, shall comply with the
538 lead agency responsibilities under federal law.
539 (d) The Agency for Workforce Innovation shall:
540 1. Be responsible for the prudent use of all public and
541 private funds in accordance with all legal and contractual
543 2. Provide final approval and every 2 years periodic review
544 of early learning coalitions and school readiness plans.
545 3. Establish Provide leadership for the enhancement of
546 school readiness in this state by aggressively establishing a
547 unified approach to the state’s efforts toward enhancement of
548 school readiness. In support of this effort, the Agency for
549 Workforce Innovation shall adopt may develop and implement
550 specific system support service strategies that address the
551 state’s school readiness programs. An early learning coalition
552 shall amend its school readiness plan to conform to the specific
553 system support service strategies adopted by the Agency for
554 Workforce Innovation. System support services shall include, but
555 are not limited to:
556 a. Child care resource and referral services;
557 b. Warm-Line services;
558 c. Eligibility determinations;
559 d. Child performance standards;
560 e. Child screening and assessment;
561 f. Developmentally appropriate curricula;
562 g. Health and safety requirements;
563 h. Statewide data system requirements; and
564 i. Rating and improvement systems.
565 4. Safeguard the effective use of federal, state, local,
566 and private resources to achieve the highest possible level of
567 school readiness for the children in this state.
568 5. Adopt a rule establishing criteria for the expenditure
569 of funds designated for the purpose of funding activities to
570 improve the quality of child care within the state in accordance
571 with s. 658G of the federal Child Care and Development Block
573 6. 5. Provide technical assistance to early learning
574 coalitions in a manner determined by the Agency for Workforce
575 Innovation based upon information obtained by the agency from
576 any of the following sources, including, but not limited to,
577 public input, government reports, private interest group
578 reports, agency monitoring visits, and coalition requests for
580 7. In cooperation with the Department of Education and
581 early learning coalitions, coordinate with the Child Care
582 Services Program Office within the Department of Children and
583 Family Services to minimize duplicating interagency activities,
584 health and safety monitoring, and acquiring and composing data
585 pertaining to child care training and credentialing.
586 6. Assess gaps in service.
587 7. Provide technical assistance to counties that form a
588 multicounty region served by an early learning coalition.
589 8. Develop and adopt performance standards and outcome
590 measures for school readiness programs. The performance
591 standards must address the age-appropriate progress of children
592 in the development of the school readiness skills required under
593 paragraph (j). The performance standards for children from birth
594 to 5 3 years of age in school readiness programs must be
595 integrated with the performance standards adopted by the
596 Department of Education for children in the Voluntary
597 Prekindergarten Education Program under s. 1002.67.
598 9. Adopt a standard contract that must be used by the
599 coalitions when contracting with school readiness providers.
600 (e) The Agency for Workforce Innovation may adopt rules
601 under ss. 120.536(1) and 120.54 to administer the provisions of
602 law conferring duties upon the agency, including, but not
603 limited to, rules governing the administration of system support
604 services preparation and implementation of the school readiness
605 programs system, the collection of data, the approval of early
606 learning coalitions and school readiness plans, the provision of
607 a method whereby an early learning coalition may serve two or
608 more counties, the award of incentives to early learning
609 coalitions, child performance standards, child outcome measures,
610 and the issuance of waivers, and the implementation of the
611 federal Child Care and Development Fund Plan.
612 (f) The Agency for Workforce Innovation shall have all
613 powers necessary to administer this section, including, but not
614 limited to, the power to receive and accept grants, loans, or
615 advances of funds from any public or private agency and to
616 receive and accept from any source contributions of money,
617 property, labor, or any other thing of value, to be held, used,
618 and applied for purposes of this section.
619 (g) Except as provided by law, the Agency for Workforce
620 Innovation may not impose requirements on a child care or early
621 childhood education provider that does not deliver services
622 under the a school readiness programs program or receive state
623 or federal funds under this section.
624 (h) The Agency for Workforce Innovation shall have a budget
625 for the school readiness programs system, which shall be
626 financed through an annual appropriation made for purposes of
627 this section in the General Appropriations Act.
628 (i) The Agency for Workforce Innovation shall coordinate
629 the efforts toward school readiness in this state and provide
630 independent policy analyses, data analyses, and recommendations
631 to the Governor, the State Board of Education, and the
633 (j) The Agency for Workforce Innovation shall require that
634 each early learning coalition’s school readiness programs
635 program must, at a minimum, enhance the age-appropriate progress
636 of each child in attaining the performance standards adopted
637 under subparagraph (d)8. and in the development of the following
638 school readiness skills:
639 1. Compliance with rules, limitations, and routines.
640 2. Ability to perform tasks.
641 3. Interactions with adults.
642 4. Interactions with peers.
643 5. Ability to cope with challenges.
644 6. Self-help skills.
645 7. Ability to express the child’s needs.
646 8. Verbal communication skills.
647 9. Problem-solving skills.
648 10. Following of verbal directions.
649 11. Demonstration of curiosity, persistence, and
650 exploratory behavior.
651 12. Interest in books and other printed materials.
652 13. Paying attention to stories.
653 14. Participation in art and music activities.
654 15. Ability to identify colors, geometric shapes, letters
655 of the alphabet, numbers, and spatial and temporal
658 Within 30 days after enrollment The Agency for Workforce
659 Innovation shall also require that, before a child is enrolled
660 in the an early learning coalition’s school readiness program,
661 the early learning coalition must ensure that the programs
662 provider obtains information is obtained by the coalition or the
663 school readiness provider regarding the child’s immunizations,
664 physical development, and other health requirements as
665 necessary, including appropriate vision and hearing screening
666 and examinations as required by s. 402.305(9) and as verified
667 pursuant to s. 402.311.
668 (k) The Agency for Workforce Innovation shall conduct
669 studies and planning activities related to the overall
670 improvement and effectiveness of the outcome measures adopted by
671 the agency for school readiness programs and the specific system
672 support service strategies to address the state’s school
673 readiness programs adopted by the Agency for Workforce
674 Innovation in accordance with subparagraph (d)3.
675 (l) The Agency for Workforce Innovation shall monitor and
676 evaluate the performance of each early learning coalition in
677 administering the school readiness program, implementing the
678 coalition’s school readiness plan, and administering the
679 Voluntary Prekindergarten Education Program. These monitoring
680 and performance evaluations must include, at a minimum, onsite
681 monitoring of each coalition’s finances, management, operations,
682 and programs.
683 (m) The Agency for Workforce Innovation shall identify best
684 practices of early learning coalitions in order to improve the
685 outcomes of school readiness programs.
686 (m) (n) The Agency for Workforce Innovation shall submit an
687 annual report of its activities conducted under this section to
688 the Governor, the executive director of the Florida Healthy Kids
689 Corporation, the President of the Senate, the Speaker of the
690 House of Representatives, and the minority leaders of both
691 houses of the Legislature. In addition, the Agency for Workforce
692 Innovation’s reports and recommendations shall be made available
693 to the State Board of Education, the Florida Early Learning
694 Advisory Council and , other appropriate state agencies and
695 entities , district school boards, central agencies, and county
696 health departments. The annual report must provide an analysis
697 of school readiness activities across the state, including the
698 number of children who were served in the programs.
699 (n) (o) The Agency for Workforce Innovation shall work with
700 the early learning coalitions to ensure availability of training
701 and support for parental increase parents’ training for and
702 involvement in their children’s early preschool education and to
703 provide family literacy activities and services programs.
704 (5) CREATION OF EARLY LEARNING COALITIONS.—
705 (a) Early learning coalitions.—
706 1. The Agency for Workforce Innovation shall establish the
707 minimum number of children to be served by each early learning
708 coalition through the coalition’s school readiness program. The
709 Agency for Workforce Innovation may only approve school
710 readiness plans in accordance with this minimum number. The
711 minimum number must be uniform for every early learning
712 coalition and must:
713 a. Permit 31 30 or fewer coalitions to be established; and
714 b. Require each coalition to serve at least 2,000 children
715 based upon the average number of all children served per month
716 through the coalition’s school readiness program during the
717 previous 12 months.
719 The Agency for Workforce Innovation shall adopt procedures for
720 merging early learning coalitions, including procedures for the
721 consolidation of merging coalitions, and for the early
722 termination of the terms of coalition members which are
723 necessary to accomplish the mergers. Each early learning
724 coalition must comply with the merger procedures and shall be
725 organized in accordance with this subparagraph by April 1, 2005.
726 By June 30, 2005, each coalition must complete the transfer of
727 powers, duties, functions, rules, records, personnel, property,
728 and unexpended balances of appropriations, allocations, and
729 other funds to the successor coalition, if applicable.
730 2. If an early learning coalition would serve fewer
731 children than the minimum number established under subparagraph
732 1., the coalition must merge with another county to form a
733 multicounty coalition. However, the Agency for Workforce
734 Innovation may authorize an early learning coalition to serve
735 fewer children than the minimum number established under
736 subparagraph 1., if:
737 a. The coalition demonstrates to the Agency for Workforce
738 Innovation that merging with another county or multicounty
739 region contiguous to the coalition would cause an extreme
740 hardship on the coalition;
741 b. The Agency for Workforce Innovation has determined
742 during the most recent annual review of the coalition’s school
743 readiness plan, or through monitoring and performance
744 evaluations conducted under paragraph (4)(l), that the coalition
745 has substantially implemented its plan and substantially met the
746 performance standards and outcome measures adopted by the
747 agency; and
748 c. The coalition demonstrates to the Agency for Workforce
749 Innovation the coalition’s ability to effectively and
750 efficiently implement the Voluntary Prekindergarten Education
753 If an early learning coalition fails or refuses to merge as
754 required by this subparagraph, the Agency for Workforce
755 Innovation may dissolve the coalition and temporarily contract
756 with a qualified entity to continue school readiness and
757 prekindergarten services in the coalition’s county or
758 multicounty region until the agency reestablishes the coalition
759 and a new is reestablished through resubmission of a school
760 readiness plan has been approved and approval by the agency.
761 3. Notwithstanding the provisions of subparagraphs 1. and
762 2., the early learning coalitions in Sarasota, Osceola, and
763 Santa Rosa Counties which were in operation on January 1, 2005,
764 are established and authorized to continue operation as
765 independent coalitions, and shall not be counted within the
766 limit of 30 coalitions established in subparagraph 1.
767 3. 4. Each early learning coalition shall be composed of at
768 least 15 18 members but not more than 30 35 members. The Agency
769 for Workforce Innovation shall adopt standards establishing
770 within this range the minimum and maximum number of members that
771 may be appointed to an early learning coalition. These standards
772 must include variations for a coalition serving a multicounty
773 region. Each early learning coalition must comply with these
775 4. 5. The Governor shall appoint the chair and two other
776 members of each early learning coalition, who must each meet the
777 same qualifications as private sector business members appointed
778 by the coalition under subparagraph 6. 7.
779 5. 6. Each early learning coalition must include the
780 following member positions; however, in a multicounty coalition,
781 each ex officio member position may be filled by multiple
782 nonvoting members but no more than one voting member shall be
783 seated per member position members:
784 a. A Department of Children and Family Services circuit
785 district administrator or his or her designee who is authorized
786 to make decisions on behalf of the department.
787 b. A district superintendent of schools or his or her
788 designee who is authorized to make decisions on behalf of the
789 district , who shall be a nonvoting member.
790 c. A regional workforce board executive director or his or
791 her designee.
792 d. A county health department director or his or her
794 d. e. A children’s services council or juvenile welfare
795 board chair or executive director , if applicable, who shall be a
796 nonvoting member if the council or board is the fiscal agent of
797 the coalition or if the council or board contracts with and
798 receives funds from the coalition for any purpose other than
800 e. f. An agency head of a local licensing agency as defined
801 in s. 402.302, where applicable.
802 f. g. A president of a community college or his or her
804 g. h. One member appointed by a board of county
805 commissioners or the governing board of a municipality.
806 i. A central agency administrator, where applicable, who
807 shall be a nonvoting member.
808 h. j. A Head Start director , who shall be a nonvoting
810 i. k. A representative of private for-profit child care
811 providers, including private for-profit family day care homes ,
812 who shall be a nonvoting member.
813 j. l. A representative of faith-based child care providers ,
814 who shall be a nonvoting member.
815 k. m. A representative of programs for children with
816 disabilities under the federal Individuals with Disabilities
817 Education Act, who shall be a nonvoting member.
818 6. 7. Including the members appointed by the Governor under
819 subparagraph 4. 5., more than one-third of the members of each
820 early learning coalition must be private sector business members
821 who do not have, and none of whose relatives as defined in s.
822 112.3143 has, a substantial financial interest in the design or
823 delivery of the Voluntary Prekindergarten Education Program
824 created under part V of chapter 1002 or the coalition’s school
825 readiness program. To meet this requirement an early learning
826 coalition must appoint additional members from a list of
827 nominees submitted to the coalition by a chamber of commerce or
828 economic development council within the geographic region served
829 by the coalition. The Agency for Workforce Innovation shall
830 establish criteria for appointing private sector business
831 members. These criteria must include standards for determining
832 whether a member or relative has a substantial financial
833 interest in the design or delivery of the Voluntary
834 Prekindergarten Education Program or the coalition’s school
835 readiness program.
836 7. 8. A majority of the voting membership of an early
837 learning coalition constitutes a quorum required to conduct the
838 business of the coalition. An early learning coalition board may
839 use any method of telecommunications to conduct meetings,
840 including establishing a quorum through telecommunications,
841 provided that the public is given proper notice of a
842 telecommunications meeting and reasonable access to observe and,
843 when appropriate, participate.
844 8. 9. A voting member of an early learning coalition may not
845 appoint a designee to act in his or her place, except as
846 otherwise provided in this paragraph. A voting member may send a
847 representative to coalition meetings, but that representative
848 does not have voting privileges. When a district administrator
849 for the Department of Children and Family Services appoints a
850 designee to an early learning coalition, the designee is the
851 voting member of the coalition, and any individual attending in
852 the designee’s place, including the district administrator, does
853 not have voting privileges.
854 9. 10 . Each member of an early learning coalition is subject
855 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
856 112.3143(3)(a), each voting member is a local public officer who
857 must abstain from voting when a voting conflict exists.
858 10. 11 . For purposes of tort liability, each member or
859 employee of an early learning coalition shall be governed by s.
861 11. 12 . An early learning coalition serving a multicounty
862 region must include representation from each county.
863 12. 13 . Each early learning coalition shall establish terms
864 for all appointed members of the coalition. The terms must be
865 staggered and must be a uniform length that does not exceed 4
866 years per term. Coalition chairs shall be appointed for 4 years
867 in conjunction with their membership on the Early Learning
868 Advisory Council under s. 20.052. Appointed members may serve a
869 maximum of two consecutive terms. When a vacancy occurs in an
870 appointed position, the coalition must advertise the vacancy.
871 (b) Limitation.—Except as provided by law, the early
872 learning coalitions may not impose requirements on a child care
873 or early childhood education provider that does not deliver
874 services under the school readiness programs or receive state,
875 federal, required maintenance of effort, or matching funds under
876 this section.
877 (b) Program participation. —The school readiness program
878 shall be established for children from birth to the beginning of
879 the school year for which a child is eligible for admission to
880 kindergarten in a public school under s. 1003.21 (1)(a)2. The
881 program shall be administered by the early learning coalition.
882 Within funding limitations, the early learning coalition, along
883 with all providers, shall make reasonable efforts to accommodate
884 the needs of children for extended-day and extended-year
885 services without compromising the quality of the program.
886 (c) Program expectations.—
887 1. The school readiness program must meet the following
889 a. The program must, at a minimum, enhance the age
890 appropriate progress of each child in attaining the development
891 of the school readiness skills required under paragraph (4)(j),
892 as measured by the performance standards and outcome measures
893 adopted by the Agency for Workforce Innovation.
894 b. The program must provide extended-day and extended-year
895 services to the maximum extent possible without compromising the
896 quality of the program to meet the needs of parents who work.
897 c. The program There must provide a be coordinated
898 professional staff development system that supports the
899 achievement and maintenance of core competencies by school
900 readiness instructors in helping children attain the performance
901 standards and outcome measures adopted by the Agency for
902 Workforce Innovation and teaching opportunities.
903 d. There must be expanded access to community services and
904 resources for families to help achieve economic self
906 e. There must be a single point of entry and unified
907 waiting list. As used in this sub-subparagraph, the term “single
908 point of entry” means an integrated information system that
909 allows a parent to enroll his or her child in the school
910 readiness program at various locations throughout a the county
911 or multicounty region served by an early learning coalition,
912 that may allow a parent to enroll his or her child by telephone
913 or through an Internet website, and that uses a unified waiting
914 list to track eligible children waiting for enrollment in the
915 school readiness program. The Agency for Workforce Innovation
916 shall establish through technology a single statewide
917 information system that each coalition must use for the purposes
918 of managing the integrates each early learning coalition’s
919 single point of entry, tracking children’s progress,
920 coordinating services among stakeholders, determining
921 eligibility, tracking child attendance, and streamlining
922 administrative processes for providers and early learning
923 coalitions and each coalition must use the statewide system.
924 f. The Agency for Workforce Innovation must consider the
925 access of eligible children to the school readiness program, as
926 demonstrated in part by waiting lists, before approving a
927 proposed increase in payment rates submitted by an early
928 learning coalition. In addition, early learning coalitions shall
929 use school readiness funds made available due to enrollment
930 shifts from school readiness programs to the Voluntary
931 Prekindergarten Education Program for increasing the number of
932 children served in school readiness programs before increasing
933 payment rates.
934 g. There must be a community plan to address the needs of
935 all eligible children.
936 g. h. The program must meet all state licensing guidelines,
937 where applicable.
938 h. The program must ensure that minimum standards for child
939 discipline practices are age-appropriate. Pursuant to s.
940 402.305(12) and as verified pursuant to s. 402.311, such
941 standards must provide that children not be subjected to
942 discipline that is severe, humiliating, or frightening and may
943 not be associated with food, rest, or toileting. Spanking or any
944 other form of physical punishment is prohibited.
945 2. Each The early learning coalition must implement a
946 comprehensive program of school readiness services in accordance
947 with the rules adopted by the agency which that enhance the
948 cognitive, social, and physical development of children to
949 achieve the performance standards and outcome measures adopted
950 by the agency for Workforce Innovation. At a minimum, these
951 programs must contain the following system support service
953 a. Developmentally appropriate curriculum designed to
954 enhance the age-appropriate progress of children in attaining
955 the performance standards adopted by the Agency for Workforce
956 Innovation under subparagraph (4)(d)8.
957 b. A character development program to develop basic values.
958 c. An age-appropriate screening assessment of each child’s
960 d. An age-appropriate assessment A pretest administered to
961 children when they enter a program and an age-appropriate
962 assessment a posttest administered to children when they leave
963 the program.
964 e. An appropriate staff-to-children ratio, pursuant to s.
965 402.305(4) or s. 402.302(7) or (8), as applicable, and as
966 verified pursuant to s. 402.311.
967 f. A healthy and safe environment pursuant to s.
968 401.305(5), (6), and (7), and as verified pursuant to s.
970 g. A resource and referral network established under s.
971 411.0101 to assist parents in making an informed choice and a
972 regional Warm-Line under s. 411.01015.
974 The Agency for Workforce Innovation, the Department of
975 Education, and early learning coalitions shall coordinate with
976 the Child Care Services Program Office within the Department of
977 Children and Family Services to minimize duplicating interagency
978 activities pertaining to acquiring and composing data for child
979 care training and credentialing.
980 (d) Implementation.—
981 1. An early learning coalition may not implement the school
982 readiness program until the coalition is authorized through
983 approval of the coalition’s school readiness plan by the Agency
984 for Workforce Innovation.
985 2. Each early learning coalition shall coordinate with one
986 another to implement a comprehensive program of school readiness
987 services which enhances the cognitive, social, physical, and
988 moral character of the children to achieve the performance
989 standards and outcome measures, helps families achieve economic
990 self-sufficiency, and reduces agency duplication. Such program
991 must contain, at a minimum, the following elements: develop a
992 plan for implementing
993 a. Implement the school readiness program to meet the
994 requirements of this section and the system support services
995 performance standards and outcome measures adopted by the Agency
996 for Workforce Innovation.
997 b. The plan must Demonstrate how the program will ensure
998 that each 3-year-old and 4-year-old child from birth through 5
999 years of age in a publicly funded school readiness program
1000 receives scheduled activities and instruction designed to
1001 enhance the age-appropriate progress of the children in
1002 attaining the performance standards adopted by the Agency for
1003 Workforce Innovation under subparagraph (4)(d)8.
1004 c. Ensure that the coalition has solicited and considered
1005 comments regarding the proposed school readiness plan from the
1006 local community.
1008 Before implementing the school readiness program, the early
1009 learning coalition must submit the plan to the Agency for
1010 Workforce Innovation for approval. The Agency for Workforce
1011 Innovation may approve the plan, reject the plan, or approve the
1012 plan with conditions. The Agency for Workforce Innovation shall
1013 review school readiness plans at least every 2 years annually.
1014 3. If the Agency for Workforce Innovation determines during
1015 the annual review of school readiness plans, or through
1016 monitoring and performance evaluations conducted under paragraph
1017 (4)(l), that an early learning coalition has not substantially
1018 implemented its plan, has not substantially met the performance
1019 standards and outcome measures adopted by the agency, or has not
1020 effectively administered the school readiness program or
1021 Voluntary Prekindergarten Education Program, the Agency for
1022 Workforce Innovation may dissolve the coalition and temporarily
1023 contract with a qualified entity to continue school readiness
1024 and prekindergarten services in the coalition’s county or
1025 multicounty region until the agency reestablishes the coalition
1026 and a new the coalition is reestablished through resubmission of
1027 a school readiness plan has been approved in accordance with the
1028 rules adopted and approval by the agency.
1029 4. The Agency for Workforce Innovation shall adopt rules
1030 establishing criteria for the approval of school readiness
1031 plans. The criteria must be consistent with the system support
1032 services, performance standards, and outcome measures adopted by
1033 the agency and must require each approved plan to include the
1034 following minimum standards and provisions for the school
1035 readiness program:
1036 a. A community plan that addresses the needs of all
1037 children and providers within the coalition’s county or
1038 multicounty region.
1039 b. a. A sliding fee scale establishing a copayment for
1040 parents based upon their ability to pay, which is the same for
1041 all program providers , to be implemented and reflected in each
1042 program’s budget.
1043 c. b. A choice of settings and locations in licensed,
1044 registered, religious-exempt, or school-based programs to be
1045 provided to parents.
1046 c. Instructional staff who have completed the training
1047 course as required in s. 402.305 (2)(d)1., as well as staff who
1048 have additional training or credentials as required by the
1049 Agency for Workforce Innovation. The plan must provide a method
1050 for assuring the qualifications of all personnel in all program
1052 d. Specific eligibility priorities for children within the
1053 early learning coalition’s county or multicounty region in
1054 accordance with subsection (6).
1055 e. Performance standards and outcome measures adopted by
1056 the Agency for Workforce Innovation.
1057 f. Payment rates adopted by the early learning coalitions
1058 coalition and approved by the Agency for Workforce Innovation.
1059 Payment rates may not have the effect of limiting parental
1060 choice or creating standards or levels of services that have not
1061 been expressly established authorized by the Legislature, unless
1062 the creation of such standards or levels of service is a
1063 precondition for the state’s eligibility to receive federal
1064 funds available for early learning programs.
1065 g. Systems support services, including a central agency,
1066 child care resource and referral, eligibility determinations,
1067 training of providers, and parent support and involvement.
1068 h. Direct enhancement services for to families and
1069 children. System support and direct enhancement services shall
1070 be in addition to payments for the placement of children in
1071 school readiness programs. Direct enhancement services for
1072 families may include parent training and involvement activities
1073 and strategies to meet the needs of unique populations and local
1074 eligibility priorities. Enhancement services for children may
1075 include provider supports and professional development approved
1076 in their plan by the Agency for Workforce Innovation.
1077 i. The business organization of the early learning
1078 coalition, which must include the coalition’s articles of
1079 incorporation and bylaws if the coalition is organized as a
1080 corporation. If the coalition is not organized as a corporation
1081 or other business entity, the plan must include the contract
1082 with a fiscal agent. An early learning coalition may contract
1083 with other coalitions to achieve efficiency in multicounty
1084 services, and these contracts may be part of the coalition’s
1085 school readiness plan.
1086 j. The implementation of locally developed quality programs
1087 in accordance with the requirements adopted by the agency under
1088 subparagraph (4)(d)5.
1089 j. Strategies to meet the needs of unique populations, such
1090 as migrant workers.
1092 As part of the school readiness plan, The Agency for Workforce
1093 Innovation early learning coalition may request the Governor to
1094 apply for a waiver to allow the coalition to administer the Head
1095 Start Program to accomplish the purposes of the school readiness
1096 program. If a school readiness plan demonstrates that specific
1097 statutory goals can be achieved more effectively by using
1098 procedures that require modification of existing rules,
1099 policies, or procedures, a request for a waiver to the Agency
1100 for Workforce Innovation may be submitted as part of the plan.
1101 Upon review, the Agency for Workforce Innovation may grant the
1102 proposed modification.
1103 5. Persons with an early childhood teaching certificate may
1104 provide support and supervision to other staff in the school
1105 readiness program.
1106 6. An early learning coalition may not implement its school
1107 readiness plan until it submits the plan to and receives
1108 approval from the Agency for Workforce Innovation. Once the plan
1109 is approved, the plan and the services provided under the plan
1110 shall be controlled by the early learning coalition. The plan
1111 shall be reviewed and revised as necessary, but at least
1112 biennially. An early learning coalition may not implement the
1113 revisions until the coalition submits the revised plan to and
1114 receives approval from the Agency for Workforce Innovation. If
1115 the Agency for Workforce Innovation rejects a revised plan, the
1116 coalition must continue to operate under its prior approved
1118 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
1119 apply to an early learning coalition with an approved school
1120 readiness programs plan. The Agency for Workforce Innovation To
1121 facilitate innovative practices and to allow the regional
1122 establishment of school readiness programs, an early learning
1123 coalition may apply to the Governor and Cabinet for a waiver of,
1124 and the Governor and Cabinet may waive, any of the provisions of
1125 ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
1126 for implementation of the coalition’s school readiness programs
1128 8. Two or more coalitions counties may join for purposes of
1129 planning and implementing a school readiness program.
1130 9. An early learning coalition may, subject to approval by
1131 The Agency for Workforce Innovation as part of the coalition’s
1132 school readiness plan, receive subsidized child care funds for
1133 all children eligible for any federal subsidized child care
1135 10. An early learning coalition may enter into multiparty
1136 contracts with multicounty service providers in order to meet
1137 the needs of unique populations such as migrant workers.
1138 (e) Requests for proposals; payment schedule.—
1139 1. Each early learning coalition must comply with the
1140 procurement and expenditure procedures adopted by the Agency for
1141 Workforce Innovation, including, but not limited to, applying
1142 the procurement and expenditure procedures required by federal
1143 law for the expenditure of federal funds s. 287.057 for the
1144 procurement of commodities or contractual services from the
1145 funds described in paragraph (9)(d). The period of a contract
1146 for purchase of these commodities or contractual services,
1147 together with any renewal of the original contract, may not
1148 exceed 3 years .
1149 2. Each early learning coalition shall adopt a payment
1150 schedule that encompasses all programs funded by the coalition
1151 under this section. The payment schedule must take into
1152 consideration the prevailing relevant market rate, must include
1153 the projected number of children to be served, and must be
1154 submitted for approval by the Agency for Workforce Innovation.
1155 Informal child care arrangements shall be reimbursed at not more
1156 than 50 percent of the rate adopted developed for a family day
1157 care home.
1158 (f) Requirements relating to fiscal agents. —If an early
1159 learning coalition is not legally organized as a corporation or
1160 other business entity, the coalition must designate a fiscal
1161 agent, which may be a public entity, a private nonprofit
1162 organization, or a certified public accountant who holds a
1163 license under chapter 473. The fiscal agent must provide
1164 financial and administrative services under a contract with the
1165 early learning coalition. The fiscal agent may not provide
1166 direct early childhood education or child care services;
1167 however, a fiscal agent may provide those services upon written
1168 request of the early learning coalition to the Agency for
1169 Workforce Innovation and upon the approval of the request by the
1170 agency. The cost of the financial and administrative services
1171 shall be negotiated between the fiscal agent and the early
1172 learning coalition. If the fiscal agent is a provider of early
1173 childhood education and child care programs, the contract must
1174 specify that the fiscal agent shall act on policy direction from
1175 the early learning coalition and must not receive policy
1176 direction from its own corporate board regarding disbursal of
1177 the coalition’s funds. The fiscal agent shall disburse funds in
1178 accordance with the early learning coalition’s approved school
1179 readiness plan and based on billing and disbursement procedures
1180 approved by the Agency for Workforce Innovation. The fiscal
1181 agent must conform to all data-reporting requirements
1182 established by the Agency for Workforce Innovation.
1183 (f) (g) Evaluation and annual report.—Each early learning
1184 coalition shall conduct an evaluation of its implementation the
1185 effectiveness of the school readiness program, including system
1186 support services, performance standards, and outcome measures,
1187 and shall provide an annual report and fiscal statement to the
1188 Agency for Workforce Innovation. This report must also include
1189 an evaluation of the effectiveness of its direct enhancement
1190 services and conform to the content and format specifications
1191 adopted set by the Agency for Workforce Innovation. The Agency
1192 for Workforce Innovation must include an analysis of the early
1193 learning coalitions’ reports in the agency’s annual report.
1194 (6) PROGRAM ELIGIBILITY.—The Each early learning
1195 coalition’s school readiness program is shall be established for
1196 children from birth to the beginning of the school year for
1197 which a child is eligible for admission to kindergarten in a
1198 public school under s. 1003.21(1)(a)2. or who are eligible for
1199 any federal subsidized child care program. Each early learning
1200 coalition shall give priority for participation in the school
1201 readiness program as follows:
1202 (a) Priority shall be given first to a child from a family
1203 in which there is an adult receiving temporary cash assistance
1204 who is subject to federal work requirements.
1205 (b) Priority shall be given next to a child who is eligible
1206 for a school readiness program but who has not yet entered
1207 children age 3 years to school, entry who is are served by the
1208 Family Safety Program Office of the Department of Children and
1209 Family Services or a community-based lead agency under chapter
1210 39 or chapter 409, and for whom child care is needed to minimize
1211 risk of further abuse, neglect, or abandonment.
1212 (c) Subsequent priority shall be given to a child Other
1213 eligible populations include children who meets meet one or more
1214 of the following criteria:
1215 1. (a) A child who is younger than Children under the age of
1216 kindergarten eligibility and who are:
1217 1. Children determined to be at risk of abuse, neglect, or
1218 exploitation who are currently clients of the Family Safety
1219 Program Office of the Department of Children and Family
1220 Services, but who are not otherwise given priority under this
1222 a. 2. Is Children at risk of welfare dependency, including
1223 an economically disadvantaged child children, a child children
1224 of a participant participants in the welfare transition program,
1225 a child of a migratory agricultural worker children of migrant
1226 farmworkers, or a child and children of a teen parent parents.
1227 b. 3. Is a member Children of a working family that is
1228 economically disadvantaged families whose family income does not
1229 exceed 150 percent of the federal poverty level.
1230 c. 4. Children For whom financial assistance is provided
1231 through the state is paying a Relative Caregiver Program payment
1232 under s. 39.5085.
1233 2. (b) A 3-year-old child or Three-year-old children and 4
1234 year-old child children who may not be economically
1235 disadvantaged but who has a disability; has have disabilities,
1236 have been served in a specific part-time exceptional education
1237 program or a combination of part-time exceptional education
1238 programs with required special services, aids, or equipment; ,
1239 and was were previously reported for funding part time under
1240 with the Florida Education Finance Program as an exceptional
1241 student students.
1242 3. (c) An economically disadvantaged child children, a child
1243 children with a disability disabilities, or a child and children
1244 at risk of future school failure, from birth to 4 years of age,
1245 who is are served at home through a home visitor program
1246 programs and an intensive parent education program programs.
1247 4. (d) A child Children who meets meet federal and state
1248 eligibility requirements for the migrant preschool program but
1249 who is do not meet the criteria of economically disadvantaged.
1251 As used in this paragraph subsection, the term “economically
1252 disadvantaged” child means having a child whose family income
1253 that does not exceed 150 percent of the federal poverty level.
1254 Notwithstanding any change in a family’s economic status, but
1255 subject to additional family contributions in accordance with
1256 the sliding fee scale, a child who meets the eligibility
1257 requirements upon initial registration for the program remains
1258 eligible until the beginning of the school year for which the
1259 child is eligible for admission to kindergarten in a public
1260 school under s. 1003.21(1)(a)2.
1261 (7) PARENTAL CHOICE.—
1262 (a) As used in this subsection, the term “payment
1263 certificate” means a child care certificate as defined in 45
1264 C.F.R. s. 98.2.
1265 (b) The school readiness program shall, in accordance with
1266 45 C.F.R. s. 98.30, provide parental choice through a payment
1267 certificate purchase service order that ensures, to the maximum
1268 extent possible, flexibility in the school readiness program
1269 programs and payment arrangements. According to federal
1270 regulations requiring parental choice, a parent may choose an
1271 informal child care arrangement. The payment certificate
1272 purchase order must bear the names name of the beneficiary and
1273 the program provider and, when redeemed, must bear the
1274 signatures signature of both the beneficiary and an authorized
1275 representative of the provider.
1276 (c) (b) If it is determined that a provider has given
1277 provided any cash to the beneficiary in return for receiving a
1278 payment certificate the purchase order, the early learning
1279 coalition or its fiscal agent shall refer the matter to the
1280 Division of Public Assistance Fraud for investigation.
1281 (d) (c) The office of the Chief Financial Officer shall
1282 establish an electronic transfer system for the disbursement of
1283 funds in accordance with this subsection. Each early learning
1284 coalition shall fully implement the electronic funds transfer
1285 system within 2 years after approval of the coalition’s school
1286 readiness plan, unless a waiver is obtained from the Agency for
1287 Workforce Innovation.
1288 (8) STANDARDS; OUTCOME MEASURES.—A program provider
1289 participating in the All school readiness program programs must
1290 meet the performance standards and outcome measures adopted by
1291 the Agency for Workforce Innovation.
1292 (9) FUNDING; SCHOOL READINESS PROGRAM.—
1293 (a) It is the intent of this section to establish an
1294 integrated and quality seamless service delivery system for all
1295 publicly funded early childhood education and child care
1296 programs operating in this state.
1297 (b)1. The Agency for Workforce Innovation shall administer
1298 school readiness funds, plans, and policies and shall prepare
1299 and submit a unified budget request for the school readiness
1300 system in accordance with chapter 216.
1301 2. All instructions to early learning coalitions for
1302 administering this section shall emanate from the Agency for
1303 Workforce Innovation in accordance with the policies of the
1305 (c) The Agency for Workforce Innovation, subject to
1306 legislative notice and review under s. 216.177, shall establish
1307 recommend a formula for the allocation among the early learning
1308 coalitions of all state and federal school readiness funds
1309 provided for children participating in the public or private
1310 school readiness program, whether served by a public or private
1311 provider, programs based upon equity for each county and
1312 performance. The allocation formula must be submitted to the
1313 Governor, the chair of the Senate Ways and Means Committee or
1314 its successor, and the chair of the House of Representatives
1315 Fiscal Council or its successor no later than January 1 of each
1316 year. If the Legislature specifies shall specify in the annual
1317 General Appropriations Act any changes to from the allocation
1318 formula, methodology for the prior fiscal year which must be
1319 used by the Agency for Workforce Innovation shall allocate funds
1320 as specified in allocating the appropriations provided in the
1321 General Appropriations Act.
1322 (d) All state, federal, and required local maintenance-of
1323 effort, or matching funds provided to an early learning
1324 coalition for purposes of this section shall be used by the
1325 coalition for implementation of its approved school readiness
1326 plan, including the hiring of staff to effectively operate the
1327 coalition’s school readiness program. As part of plan approval
1328 and periodic plan review, The Agency for Workforce Innovation
1329 shall require that administrative costs be kept to the minimum
1330 necessary for efficient and effective administration of the
1331 school readiness plan, but total administrative expenditures
1332 must not exceed 5 percent unless specifically waived by the
1333 Agency for Workforce Innovation. The Agency for Workforce
1334 Innovation shall annually report to the Legislature any problems
1335 relating to administrative costs.
1336 (e) The Agency for Workforce Innovation shall annually
1337 distribute , to a maximum extent practicable, all eligible funds
1338 provided under this section as block grants to the early
1339 learning coalitions in accordance with the terms and conditions
1340 specified by the agency.
1341 (f) State funds appropriated for the school readiness
1342 program may not be used for the construction of new facilities
1343 or the purchase of buses. The Agency for Workforce Innovation
1344 shall present to the Legislature recommendations for providing
1345 necessary transportation services for school readiness programs.
1346 (g) All cost savings and all revenues received through a
1347 mandatory sliding fee scale shall be used to help fund each
1348 early learning coalition’s school readiness program.
1349 (10) CONFLICTING PROVISIONS.—If In the event of a conflict
1350 exists between this section and federal requirements, the
1351 federal requirements shall control.
1352 (11) PLACEMENTS.—Notwithstanding any other provision of
1353 this section to the contrary, the first children to be placed in
1354 the school readiness program shall be those from families
1355 receiving temporary cash assistance and subject to federal work
1356 requirements. Subsequent placements shall be made in accordance
1357 with subsection (6).
1358 Section 17. Section 411.0101, Florida Statutes, is amended
1359 to read:
1360 411.0101 Child care and early childhood resource and
1362 (1) As a part of the school readiness programs, the Agency
1363 for Workforce Innovation shall establish a statewide child care
1364 resource and referral network that is unbiased and provides
1365 referrals to families for child care. Preference shall be given
1366 to using the already established early learning coalitions as
1367 the child care resource and referral agencies agency. If an
1368 early learning coalition cannot comply with the requirements to
1369 offer the resource information component or does not want to
1370 offer that service, the early learning coalition shall select
1371 the resource and referral information agency for its county or
1372 multicounty region based upon a request for proposal pursuant to
1373 s. 411.01(5)(e)1.
1374 (2) At least one child care resource and referral agency
1375 must be established in each early learning coalition’s county or
1376 multicounty region. The Agency for Workforce Innovation shall
1377 adopt rules regarding accessibility of child care resource and
1378 referral services offered through child care resource and
1379 referral agencies in each county or multicounty region which
1380 include, at a minimum, required hours of operation, methods by
1381 which parents may request services, and child care resource and
1382 referral staff training requirements.
1383 (3) Child care resource and referral agencies shall provide
1384 the following services:
1385 (a) (1) Identification of existing public and private child
1386 care and early childhood education services, including child
1387 care services by public and private employers, and the
1388 development of a resource file of those services through the
1389 single statewide information system developed by the Agency for
1390 Workforce Innovation under s. 411.01(5)(c)1.e. These services
1391 may include family day care, public and private child care
1392 programs, the Voluntary Prekindergarten Education Program, Head
1393 Start, the school readiness program prekindergarten early
1394 intervention programs, special education programs for
1395 prekindergarten handicapped children who have disabilities,
1396 services for children with developmental disabilities, full-time
1397 and part-time programs, before-school and after-school programs,
1398 vacation care programs, parent education, the WAGES Program, and
1399 related family support services. The resource file shall
1400 include, but not be limited to:
1401 1. (a) Type of program.
1402 2. (b) Hours of service.
1403 3. (c) Ages of children served.
1404 4. (d) Number of children served.
1405 5. (e) Significant program information.
1406 6. (f) Fees and eligibility for services.
1407 7. (g) Availability of transportation.
1408 (b) (2) The establishment of a referral process that which
1409 responds to parental need for information and that which is
1410 provided with full recognition of the confidentiality rights of
1411 parents. The resource and referral network programs shall make
1412 referrals to legally operating licensed child care facilities.
1413 Referrals may not shall be made to a an unlicensed child care
1414 facility that is operating illegally or arrangement only if
1415 there is no requirement that the facility or arrangement be
1417 (c) (3) Maintenance of ongoing documentation of requests for
1418 service tabulated through the internal referral process through
1419 the single statewide information system. The following
1420 documentation of requests for service shall be maintained by the
1421 all child care resource and referral network agencies:
1422 1. (a) Number of calls and contacts to the child care
1423 resource information and referral network agency component by
1424 type of service requested.
1425 2. (b) Ages of children for whom service was requested.
1426 3. (c) Time category of child care requests for each child.
1427 4. (d) Special time category, such as nights, weekends, and
1428 swing shift.
1429 5. (e) Reason that the child care is needed.
1430 6. (f) Name of the employer and primary focus of the
1432 (d) (4) Provision of technical assistance to existing and
1433 potential providers of child care services. This assistance may
1435 1. (a) Information on initiating new child care services,
1436 zoning, and program and budget development and assistance in
1437 finding such information from other sources.
1438 2. (b) Information and resources which help existing child
1439 care services providers to maximize their ability to serve
1440 children and parents in their community.
1441 3. (c) Information and incentives that may which could help
1442 existing or planned child care services offered by public or
1443 private employers seeking to maximize their ability to serve the
1444 children of their working parent employees in their community,
1445 through contractual or other funding arrangements with
1447 (e) (5) Assistance to families and employers in applying for
1448 various sources of subsidy including, but not limited to, the
1449 Voluntary Prekindergarten Education Program, the school
1450 readiness program subsidized child care, Head Start,
1451 prekindergarten early intervention programs, Project
1452 Independence, private scholarships, and the federal child and
1453 dependent care tax credit.
1454 (6) Assistance to state agencies in determining the market
1455 rate for child care.
1456 (f) (7) Assistance in negotiating discounts or other special
1457 arrangements with child care providers.
1458 (8) Information and assistance to local interagency
1459 councils coordinating services for prekindergarten handicapped
1461 (g) (9) Assistance to families in identifying summer
1462 recreation camp and summer day camp programs, and in evaluating
1463 the health and safety qualities of summer recreation camp and
1464 summer day camp programs, and in evaluating the health and
1465 safety qualities of summer camp programs. Contingent upon
1466 specific appropriation, a checklist of important health and
1467 safety qualities that parents can use to choose their summer
1468 camp programs shall be developed and distributed in a manner
1469 that will reach parents interested in such programs for their
1471 (h) (10) A child care facility licensed under s. 402.305 and
1472 licensed and registered family day care homes must provide the
1473 statewide child care and resource and referral network agencies
1474 with the following information annually:
1475 1. (a) Type of program.
1476 2. (b) Hours of service.
1477 3. (c) Ages of children served.
1478 4. (d) Fees and eligibility for services.
1479 (4) (11) The Agency for Workforce Innovation shall adopt any
1480 rules necessary for the implementation and administration of
1481 this section.
1482 Section 18. Subsection (3), paragraph (b) of subsection
1483 (4), and paragraphs (c) and (d) of subsection (5) of section
1484 411.0102, Florida Statutes, are amended to read:
1485 411.0102 Child Care Executive Partnership Act; findings and
1486 intent; grant; limitation; rules.—
1487 (3) There is created a body politic and corporate known as
1488 the Child Care Executive Partnership which shall establish and
1489 govern the Child Care Executive Partnership Program. The purpose
1490 of the Child Care Executive Partnership Program is to utilize
1491 state and federal funds as incentives for matching local funds
1492 derived from local governments, employers, charitable
1493 foundations, and other sources , so that Florida communities may
1494 create local flexible partnerships with employers. The Child
1495 Care Executive Partnership Program funds shall be used at the
1496 discretion of local communities to meet the needs of working
1497 parents. A child care purchasing pool shall be developed with
1498 the state, federal, and local funds to provide subsidies to low
1499 income working parents whose family income does not exceed the
1500 allowable income for any federally subsidized child care program
1501 who are eligible for subsidized child care with a dollar-for
1502 dollar match from employers, local government, and other
1503 matching contributions. The funds used from the child care
1504 purchasing pool must be used to supplement or extend the use of
1505 existing public or private funds.
1506 (4) The Child Care Executive Partnership, staffed by the
1507 Agency for Workforce Innovation, shall consist of a
1508 representative of the Executive Office of the Governor and nine
1509 members of the corporate or child care community, appointed by
1510 the Governor.
1511 (b) The Child Care Executive Partnership shall be chaired
1512 by a member chosen by a majority vote and shall meet at least
1513 quarterly and at other times upon the call of the chair. The
1514 Child Care Executive Partnership may use any method of
1515 telecommunications to conduct meetings, including establishing a
1516 quorum through telecommunications, only if the public is given
1517 proper notice of a telecommunications meeting and reasonable
1518 access to observe and, when appropriate, participate.
1520 (c) The Agency for Workforce Innovation, in conjunction
1521 with the Child Care Executive Partnership, shall develop
1522 procedures for disbursement of funds through the child care
1523 purchasing pools. In order to be considered for funding, an
1524 early learning coalition or the Agency for Workforce Innovation
1525 must commit to:
1526 1. Matching the state purchasing pool funds on a dollar
1527 for-dollar basis; and
1528 2. Expending only those public funds which are matched by
1529 employers, local government, and other matching contributors who
1530 contribute to the purchasing pool. Parents shall also pay a fee,
1531 which may not shall be not less than the amount identified in
1532 the early learning coalition’s school readiness program
1533 subsidized child care sliding fee scale.
1534 (d) Each early learning coalition board shall be required
1535 to establish a community child care task force for each child
1536 care purchasing pool. The task force must be composed of
1537 employers, parents, private child care providers, and one
1538 representative from the local children’s services council, if
1539 one exists in the area of the purchasing pool. The early
1540 learning coalition is expected to recruit the task force members
1541 from existing child care councils, commissions, or task forces
1542 already operating in the area of a purchasing pool. A majority
1543 of the task force shall consist of employers. Each task force
1544 shall develop a plan for the use of child care purchasing pool
1545 funds. The plan must show how many children will be served by
1546 the purchasing pool, how many will be new to receiving child
1547 care services, and how the early learning coalition intends to
1548 attract new employers and their employees to the program.
1549 Section 19. Paragraph (b) of subsection (8) of section
1550 411.203, Florida Statutes, is amended to read:
1551 411.203 Continuum of comprehensive services.—The Department
1552 of Education and the Department of Health and Rehabilitative
1553 Services shall utilize the continuum of prevention and early
1554 assistance services for high-risk pregnant women and for high
1555 risk and handicapped children and their families, as outlined in
1556 this section, as a basis for the intraagency and interagency
1557 program coordination, monitoring, and analysis required in this
1558 chapter. The continuum shall be the guide for the comprehensive
1559 statewide approach for services for high-risk pregnant women and
1560 for high-risk and handicapped children and their families, and
1561 may be expanded or reduced as necessary for the enhancement of
1562 those services. Expansion or reduction of the continuum shall be
1563 determined by intraagency or interagency findings and agreement,
1564 whichever is applicable. Implementation of the continuum shall
1565 be based upon applicable eligibility criteria, availability of
1566 resources, and interagency prioritization when programs impact
1567 both agencies, or upon single agency prioritization when
1568 programs impact only one agency. The continuum shall include,
1569 but not be limited to:
1570 (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1571 OF HIGH-RISK CHILDREN.—
1572 (b) Child care and early childhood programs, including, but
1573 not limited to, subsidized child care, licensed nonsubsidized
1574 child care facilities, family day care homes, therapeutic child
1575 care, Head Start, and preschool programs in public and private
1577 Section 20. Subsection (2) of section 411.221, Florida
1578 Statutes, is amended to read:
1579 411.221 Prevention and early assistance strategic plan;
1580 agency responsibilities.—
1581 (2) The strategic plan and subsequent plan revisions shall
1582 incorporate and otherwise utilize, to the fullest extent
1583 possible, the evaluation findings and recommendations from
1584 intraagency, independent third-party, field projects, and
1585 reports issued by the Auditor General or the Office of Program
1586 Policy Analysis and Government Accountability, as well as the
1587 recommendations of the Agency for Workforce Innovation State
1588 Coordinating Council for School Readiness Programs.
1589 Section 21. Paragraph (c) of subsection (4) of section
1590 445.024, Florida Statutes, is amended to read:
1591 445.024 Work requirements.—
1592 (4) PRIORITIZATION OF WORK REQUIREMENTS.—Regional workforce
1593 boards shall require participation in work activities to the
1594 maximum extent possible, subject to federal and state funding.
1595 If funds are projected to be insufficient to allow full-time
1596 work activities by all program participants who are required to
1597 participate in work activities, regional workforce boards shall
1598 screen participants and assign priority based on the following:
1599 (c) A participant who has access to subsidized or
1600 unsubsidized child care services may be assigned priority for
1601 work activities.
1603 Regional workforce boards may limit a participant’s weekly work
1604 requirement to the minimum required to meet federal work
1605 activity requirements. Regional workforce boards may develop
1606 screening and prioritization procedures based on the allocation
1607 of resources, the availability of community resources, the
1608 provision of supportive services, or the work activity needs of
1609 the service area.
1610 Section 22. Subsection (2) of section 445.030, Florida
1611 Statutes, is amended to read:
1612 445.030 Transitional education and training.—In order to
1613 assist former recipients of temporary cash assistance who are
1614 working or actively seeking employment in continuing their
1615 training and upgrading their skills, education, or training,
1616 support services may be provided for up to 2 years after the
1617 family is no longer receiving temporary cash assistance. This
1618 section does not constitute an entitlement to transitional
1619 education and training. If funds are not sufficient to provide
1620 services under this section, the board of directors of Workforce
1621 Florida, Inc., may limit or otherwise prioritize transitional
1622 education and training.
1623 (2) Regional workforce boards may authorize child care or
1624 other support services in addition to services provided in
1625 conjunction with employment. For example, a participant who is
1626 employed full time may receive subsidized child care services
1627 related to that employment and may also receive additional
1628 subsidized child care services in conjunction with training to
1629 upgrade the participant’s skills.
1630 Section 23. Paragraph (a) of subsection (2) of section
1631 490.014, Florida Statutes, is amended to read:
1632 490.014 Exemptions.—
1633 (2) No person shall be required to be licensed or
1634 provisionally licensed under this chapter who:
1635 (a) Is a salaried employee of a government agency; a
1636 developmental disability facility or program; a , mental health,
1637 alcohol, or drug abuse facility operating under chapter 393,
1638 chapter 394, or chapter 397; the statewide subsidized child care
1639 program, subsidized child care case management program, or child
1640 care resource and referral network program operating under s.
1641 411.0101 pursuant to chapter 402; a child-placing or child
1642 caring agency licensed pursuant to chapter 409; a domestic
1643 violence center certified pursuant to chapter 39; an accredited
1644 academic institution; or a research institution, if such
1645 employee is performing duties for which he or she was trained
1646 and hired solely within the confines of such agency, facility,
1647 or institution, so long as the employee is not held out to the
1648 public as a psychologist pursuant to s. 490.012(1)(a).
1649 Section 24. Paragraph (a) of subsection (4) of section
1650 491.014, Florida Statutes, is amended to read:
1651 491.014 Exemptions.—
1652 (4) No person shall be required to be licensed,
1653 provisionally licensed, registered, or certified under this
1654 chapter who:
1655 (a) Is a salaried employee of a government agency; a
1656 developmental disability facility or program; a , mental health,
1657 alcohol, or drug abuse facility operating under chapter 393,
1658 chapter 394, or chapter 397; the statewide subsidized child care
1659 program, subsidized child care case management program, or child
1660 care resource and referral network program operating under s.
1661 411.0101 pursuant to chapter 402; a child-placing or child
1662 caring agency licensed pursuant to chapter 409; a domestic
1663 violence center certified pursuant to chapter 39; an accredited
1664 academic institution; or a research institution, if such
1665 employee is performing duties for which he or she was trained
1666 and hired solely within the confines of such agency, facility,
1667 or institution, so long as the employee is not held out to the
1668 public as a clinical social worker, mental health counselor, or
1669 marriage and family therapist.
1670 Section 25. Subsection (5) of section 1002.53, Florida
1671 Statutes, is amended to read:
1672 1002.53 Voluntary Prekindergarten Education Program;
1673 eligibility and enrollment.—
1674 (5) The early learning coalition shall provide each parent
1675 enrolling a child in the Voluntary Prekindergarten Education
1676 Program with a profile of every private prekindergarten provider
1677 and public school delivering the program within the coalition’s
1678 county where the child is being enrolled or multicounty region.
1679 The profiles shall be provided to parents in a format prescribed
1680 by the Agency for Workforce Innovation. The profiles must
1681 include, at a minimum, the following information about each
1682 provider and school:
1683 (a) The provider’s or school’s services, curriculum,
1684 instructor credentials, and instructor-to-student ratio; and
1685 (b) The provider’s or school’s kindergarten readiness rate
1686 calculated in accordance with s. 1002.69, based upon the most
1687 recent available results of the statewide kindergarten
1689 Section 26. Paragraph (b) of subsection (3) of section
1690 1002.55, Florida Statutes, is amended, and subsection (5) is
1691 added to that section, to read:
1692 1002.55 School-year prekindergarten program delivered by
1693 private prekindergarten providers.—
1694 (3) To be eligible to deliver the prekindergarten program,
1695 a private prekindergarten provider must meet each of the
1696 following requirements:
1697 (b) The private prekindergarten provider must:
1698 1. Be accredited by an accrediting association that is a
1699 member of the National Council for Private School Accreditation,
1700 AdvancED the Commission on International and Trans-Regional
1701 Accreditation, or the Florida Association of Academic Nonpublic
1702 Schools and have written accreditation standards that meet or
1703 exceed the state’s licensing requirements under s. 402.305, s.
1704 402.313, or s. 402.3131 and require at least one onsite visit to
1705 the provider or school before accreditation is granted;
1706 2. Hold a current Gold Seal Quality Care designation under
1707 s. 402.281; or
1708 3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
1709 and demonstrate, before delivering the Voluntary Prekindergarten
1710 Education Program, as verified by the early learning coalition,
1711 that the provider meets each of the requirements of the program
1712 under this part, including, but not limited to, the requirements
1713 for credentials and background screenings of prekindergarten
1714 instructors under paragraphs (c) and (d), minimum and maximum
1715 class sizes under paragraph (f), prekindergarten director
1716 credentials under paragraph (g), and a developmentally
1717 appropriate curriculum under s. 1002.67(2)(b).
1718 (5) Notwithstanding paragraph (3)(b), a private
1719 prekindergarten provider may not participate in the Voluntary
1720 Prekindergarten Education Program if the provider has child
1721 disciplinary policies that do not prohibit children from being
1722 subjected to discipline that is severe, humiliating,
1723 frightening, or associated with food, rest, toileting, spanking,
1724 or any other form of physical punishment as provided in s.
1726 Section 27. Paragraph (c) of subsection (3) of section
1727 1002.67, Florida Statutes, is amended to read:
1728 1002.67 Performance standards; curricula and
1731 (c)1. If the kindergarten readiness rate of a private
1732 prekindergarten provider or public school falls below the
1733 minimum rate adopted by the State Board of Education as
1734 satisfactory under s. 1002.69(6), the early learning coalition
1735 or school district, as applicable, shall require the provider or
1736 school to submit an improvement plan for approval by the
1737 coalition or school district, as applicable, and to implement
1738 the plan.
1739 2. If a private prekindergarten provider or public school
1740 fails to meet the minimum rate adopted by the State Board of
1741 Education as satisfactory under s. 1002.69(6) for 2 consecutive
1742 years, the early learning coalition or school district, as
1743 applicable, shall place the provider or school on probation and
1744 must require the provider or school to take certain corrective
1745 actions, including the use of a curriculum approved by the
1746 department under paragraph (2)(c).
1747 3. A private prekindergarten provider or public school that
1748 is placed on probation must continue the corrective actions
1749 required under subparagraph 2., including the use of a
1750 curriculum approved by the department, until the provider or
1751 school meets the minimum rate adopted by the State Board of
1752 Education as satisfactory under s. 1002.69(6).
1753 4. If a private prekindergarten provider or public school
1754 remains on probation for 2 consecutive years and fails to meet
1755 the minimum rate adopted by the State Board of Education as
1756 satisfactory under s. 1002.69(6), the Agency for Workforce
1757 Innovation shall require the early learning coalition or the
1758 Department of Education shall require the school district , as
1759 applicable, to remove, as applicable, the provider or school
1760 from eligibility to deliver the Voluntary Prekindergarten
1761 Education Program and receive state funds for the program.
1762 Section 28. Paragraph (b) of subsection (6) of section
1763 1002.71, Florida Statutes, is amended to read:
1764 1002.71 Funding; financial and attendance reporting.—
1766 (b)1. Each private prekindergarten provider’s and district
1767 school board’s attendance policy must require the parent of each
1768 student in the Voluntary Prekindergarten Education Program to
1769 verify, each month, the student’s attendance on the prior
1770 month’s certified student attendance.
1771 2. The parent must submit the verification of the student’s
1772 attendance to the private prekindergarten provider or public
1773 school on forms prescribed by the Agency for Workforce
1774 Innovation. The forms must include, in addition to the
1775 verification of the student’s attendance, a certification, in
1776 substantially the following form, that the parent continues to
1777 choose the private prekindergarten provider or public school in
1778 accordance with s. 1002.53 and directs that payments for the
1779 program be made to the provider or school:
1781 VERIFICATION OF STUDENT’S ATTENDANCE
1782 AND CERTIFICATION OF PARENTAL CHOICE
1784 I, ...(Name of Parent)..., swear (or affirm) that my
1785 child,...(Name of Student)..., attended the Voluntary
1786 Prekindergarten Education Program on the days listed above and
1787 certify that I continue to choose ...(Name of Provider or
1788 School)... to deliver the program for my child and direct that
1789 program funds be paid to the provider or school for my child.
1791 ...(Signature of Parent)...
1794 3. The private prekindergarten provider or public school
1795 must keep each original signed form for at least 2 years. Each
1796 private prekindergarten provider must permit the early learning
1797 coalition, and each public school must permit the school
1798 district, to inspect the original signed forms during normal
1799 business hours. The Agency for Workforce Innovation shall adopt
1800 procedures for early learning coalitions and school districts to
1801 review the original signed forms against the certified student
1802 attendance. The review procedures shall provide for the use of
1803 selective inspection techniques, including, but not limited to,
1804 random sampling. Each early learning coalition and the school
1805 districts district must comply with the review procedures.
1806 Section 29. Paragraph (b) of subsection (4) of section
1807 1009.64, Florida Statutes, is amended to read:
1808 1009.64 Certified Education Paraprofessional Welfare
1809 Transition Program.—
1810 (4) The agencies shall complete an implementation plan that
1811 addresses at least the following recommended components of the
1813 (b) A budget for use of incentive funding to provide
1814 motivation to participants to succeed and excel. The budget for
1815 incentive funding includes:
1816 1. Funds allocated by the Legislature directly for the
1818 2. Funds that may be made available from the federal
1819 Workforce Investment Act based on client eligibility or
1820 requested waivers to make the clients eligible.
1821 3. Funds made available by implementation strategies that
1822 would make maximum use of work supplementation funds authorized
1823 by federal law.
1824 4. Funds authorized by strategies to lengthen participants’
1825 eligibility for federal programs such as Medicaid, subsidized
1826 child care services, and transportation.
1828 Incentives may include a stipend during periods of college
1829 classroom training, a bonus and recognition for a high grade
1830 point average, child care and prekindergarten services for
1831 children of participants, and services to increase a
1832 participant’s ability to advance to higher levels of employment.
1833 Nonfinancial incentives should include providing a mentor or
1834 tutor, and service incentives should continue and increase for
1835 any participant who plans to complete the baccalaureate degree
1836 and become a certified teacher. Services may be provided in
1837 accordance with family choice by community colleges and school
1838 district career centers, through family service centers and
1839 full-service schools, or under contract with providers through
1840 central agencies.
1841 Section 30. This act shall take effect July 1, 2010.