Florida Senate - 2010                                    SB 2014
       
       
       
       By Senator Wise
       
       
       
       
       5-00463D-10                                           20102014__
    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    4         repealed subsidized child care program; amending s.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    6         repealed program with an updated reference to the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   12         obsolete reference to a repealed program; amending s.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   18         reference to a repealed program; deleting obsolete
   19         references relating to the repealed prekindergarten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   23         a repealed program; amending s. 402.281, F.S.;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.
   93  
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   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
  118  out:
  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.
  131  
  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.—
  138         (2)
  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
  252  section.
  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
  277  associations.
  278         Section 8. Section 402.3016, Florida Statutes, is
  279  transferred and renumbered as section 411.0104, Florida
  280  Statutes.
  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         411.01013Prevailing 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
  331  services.
  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,
  346  must:
  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
  359  children.
  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
  372  providers.
  373         (6)The Agency for Workforce Innovation may adopt rules
  374  pursuant to ss. 120.536(1) and 120.54 to administer this
  375  section.
  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
  390  information:
  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
  403  care.
  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.—
  459         (5)
  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
  471  coalitions.—
  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
  497  basis.
  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
  510  programs.
  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
  542  requirements.
  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
  572  Grant.
  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
  579  service.
  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
  632  Legislature.
  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
  656  relationships.
  657  
  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.
  718  
  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
  751  Program.
  752  
  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
  774  standards.
  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
  793  designee.
  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
  799  rent.
  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
  803  designee.
  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
  809  member.
  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.
  860  768.28.
  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
  888  expectations:
  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
  905  sufficiency.
  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
  952  elements:
  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
  959  development.
  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.
  969  402.311.
  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.
  973  
  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.
 1007  
 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
 1051  settings.
 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.
 1091  
 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
 1117  plan.
 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
 1127  plan.
 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
 1134  program.
 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
 1221  subsection.
 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.
 1250  
 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
 1304  Legislature.
 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
 1361  referral.—
 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
 1416  licensed.
 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
 1431  business.
 1432         (d)(4) Provision of technical assistance to existing and
 1433  potential providers of child care services. This assistance may
 1434  include:
 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
 1446  businesses.
 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
 1460  children.
 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
 1470  children.
 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.
 1519         (5)
 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
 1576  schools.
 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.
 1602  
 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
 1688  screening.
 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.
 1725  402.305(12).
 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
 1729  accountability.—
 1730         (3)
 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.—
 1765         (6)
 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:
 1780  
 1781                VERIFICATION OF STUDENT’S ATTENDANCE               
 1782                AND CERTIFICATION OF PARENTAL CHOICE               
 1783  
 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.
 1790  
 1791         ...(Signature of Parent)...
 1792         ...(Date)...
 1793  
 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
 1812  program:
 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
 1817  program.
 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.
 1827  
 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.


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