October 16, 2019
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       Florida Senate - 2010                             CS for SB 2014
       
       
       
       By the Committee on Commerce; and Senator Wise
       
       
       
       
       577-03110D-10                                         20102014c1
    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    4         repealed subsidized child care program; amending s.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    6         repealed program with an updated reference to the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   12         obsolete reference to a repealed program; amending s.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   18         reference to a repealed program; deleting obsolete
   19         references relating to the repealed prekindergarten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   23         a repealed program; amending s. 402.281, F.S.;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; authorizing the agency to enter into
   42         contracts and adopt rules; amending s. 402.313, F.S.;
   43         deleting obsolete provisions authorizing the
   44         department to license family day care homes
   45         participating in a repealed program; repealing s.
   46         402.3135, F.S., relating to the subsidized child care
   47         program case management program; transferring,
   48         renumbering, and amending s. 402.3145, F.S.;
   49         transferring administration of certain transportation
   50         services for children at risk of abuse or neglect from
   51         the department to the agency; revising requirements
   52         for the provision of such transportation services;
   53         amending s. 402.315, F.S.; revising provisions
   54         relating to fees collected for child care facilities;
   55         amending s. 402.45, F.S.; updating an obsolete
   56         reference relating to a former council; directing the
   57         Department of Health to consult with the agency
   58         regarding certain training provided for contractors of
   59         the community resource mother or father program;
   60         amending s. 409.1671, F.S.; clarifying that a licensed
   61         foster home may be dually licensed as a family day
   62         care home or large family child care home and receive
   63         certain payments for the same child; deleting an
   64         obsolete reference to a repealed program; amending s.
   65         411.01, F.S.; revising provisions relating to the
   66         School Readiness Act; revising legislative intent;
   67         revising the duties and responsibilities of the Agency
   68         for Workforce Innovation; revising provisions for
   69         school readiness plans; specifying that certain
   70         program providers’ compliance with licensing standards
   71         satisfies certain health screening requirements;
   72         requiring early learning coalitions to maintain
   73         certain direct enhancement services; deleting obsolete
   74         provisions relating to the merger of early learning
   75         coalitions; revising provisions for the membership of
   76         early learning coalitions and the voting privileges of
   77         such members; revising requirements for parental
   78         choice; directing the agency to establish a formula
   79         for allocating school readiness funds to each county;
   80         providing for legislative notice and review of the
   81         formula; amending s. 411.0101, F.S.; revising
   82         requirements for services provided by the statewide
   83         child care resource and referral network; updating
   84         obsolete references to repealed programs; amending s.
   85         411.0102, F.S.; revising provisions relating to the
   86         Child Care Executive Partnership Act; updating
   87         obsolete references to repealed programs; deleting
   88         provisions relating to the duties of each early
   89         coalition board; amending s. 411.203, F.S.; deleting
   90         an obsolete reference to a repealed program;
   91         conforming provisions; amending s. 411.221, F.S.;
   92         updating an obsolete reference to a former council;
   93         amending ss. 445.024, 445.030, 490.014, and 491.014,
   94         F.S.; deleting obsolete references to repealed
   95         programs; conforming provisions to the repeal of the
   96         subsidized child care case management program;
   97         amending ss. 1002.53, 1002.55, 1002.67, and 1002.71,
   98         F.S.; revising provisions relating to the eligibility
   99         requirements for private prekindergarten providers;
  100         conforming provisions to changes made by the act;
  101         amending s. 1009.64, F.S.; deleting an obsolete
  102         reference to a repealed program; providing an
  103         effective date.
  104  
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. Subsection (7) of section 39.0121, Florida
  108  Statutes, is amended to read:
  109         39.0121 Specific rulemaking authority.—Pursuant to the
  110  requirements of s. 120.536, the department is specifically
  111  authorized to adopt, amend, and repeal administrative rules
  112  which implement or interpret law or policy, or describe the
  113  procedure and practice requirements necessary to implement this
  114  chapter, including, but not limited to, the following:
  115         (7) Federal funding requirements and procedures; foster
  116  care and adoption subsidies; and subsidized independent living;
  117  and subsidized child care.
  118         Section 2. Paragraph (a) of subsection (2) of section
  119  39.202, Florida Statutes, is amended to read:
  120         39.202 Confidentiality of reports and records in cases of
  121  child abuse or neglect.—
  122         (2) Except as provided in subsection (4), access to such
  123  records, excluding the name of the reporter which shall be
  124  released only as provided in subsection (5), shall be granted
  125  only to the following persons, officials, and agencies:
  126         (a) Employees, authorized agents, or contract providers of
  127  the department, the Department of Health, the Agency for Persons
  128  with Disabilities, or county agencies responsible for carrying
  129  out:
  130         1. Child or adult protective investigations;
  131         2. Ongoing child or adult protective services;
  132         3. Early intervention and prevention services;
  133         4. Healthy Start services;
  134         5. Licensure or approval of adoptive homes, foster homes,
  135  child care facilities, facilities licensed under chapter 393, or
  136  family day care homes or informal child care providers who
  137  receive school readiness subsidized child care funding, or other
  138  homes used to provide for the care and welfare of children; or
  139         6. Services for victims of domestic violence when provided
  140  by certified domestic violence centers working at the
  141  department’s request as case consultants or with shared clients.
  142  
  143  Also, employees or agents of the Department of Juvenile Justice
  144  responsible for the provision of services to children, pursuant
  145  to chapters 984 and 985.
  146         Section 3. Paragraph (f) of subsection (2) of section
  147  39.5085, Florida Statutes, is amended to read:
  148         39.5085 Relative Caregiver Program.—
  149         (2)
  150         (f) Within available funding, the Relative Caregiver
  151  Program shall provide relative caregivers with family support
  152  and preservation services, flexible funds in accordance with s.
  153  409.165, school readiness subsidized child care, and other
  154  available services in order to support the child’s safety,
  155  growth, and healthy development. Children living with relative
  156  caregivers who are receiving assistance under this section shall
  157  be eligible for Medicaid coverage.
  158         Section 4. Paragraph (b) of subsection (1) and subsection
  159  (2) of section 383.14, Florida Statutes, are amended to read:
  160         383.14 Screening for metabolic disorders, other hereditary
  161  and congenital disorders, and environmental risk factors.—
  162         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  163  maternal and child health care system, the Department of Health
  164  shall promote the screening of all newborns born in Florida for
  165  metabolic, hereditary, and congenital disorders known to result
  166  in significant impairment of health or intellect, as screening
  167  programs accepted by current medical practice become available
  168  and practical in the judgment of the department. The department
  169  shall also promote the identification and screening of all
  170  newborns in this state and their families for environmental risk
  171  factors such as low income, poor education, maternal and family
  172  stress, emotional instability, substance abuse, and other high
  173  risk conditions associated with increased risk of infant
  174  mortality and morbidity to provide early intervention,
  175  remediation, and prevention services, including, but not limited
  176  to, parent support and training programs, home visitation, and
  177  case management. Identification, perinatal screening, and
  178  intervention efforts shall begin prior to and immediately
  179  following the birth of the child by the attending health care
  180  provider. Such efforts shall be conducted in hospitals,
  181  perinatal centers, county health departments, school health
  182  programs that provide prenatal care, and birthing centers, and
  183  reported to the Office of Vital Statistics.
  184         (b) Postnatal screening.—A risk factor analysis using the
  185  department’s designated risk assessment instrument shall also be
  186  conducted as part of the medical screening process upon the
  187  birth of a child and submitted to the department’s Office of
  188  Vital Statistics for recording and other purposes provided for
  189  in this chapter. The department’s screening process for risk
  190  assessment shall include a scoring mechanism and procedures that
  191  establish thresholds for notification, further assessment,
  192  referral, and eligibility for services by professionals or
  193  paraprofessionals consistent with the level of risk. Procedures
  194  for developing and using the screening instrument, notification,
  195  referral, and care coordination services, reporting
  196  requirements, management information, and maintenance of a
  197  computer-driven registry in the Office of Vital Statistics which
  198  ensures privacy safeguards must be consistent with the
  199  provisions and plans established under chapter 411, Pub. L. No.
  200  99-457, and this chapter. Procedures established for reporting
  201  information and maintaining a confidential registry must include
  202  a mechanism for a centralized information depository at the
  203  state and county levels. The department shall coordinate with
  204  existing risk assessment systems and information registries. The
  205  department must ensure, to the maximum extent possible, that the
  206  screening information registry is integrated with the
  207  department’s automated data systems, including the Florida On
  208  line Recipient Integrated Data Access (FLORIDA) system. Tests
  209  and screenings must be performed by the State Public Health
  210  Laboratory, in coordination with Children’s Medical Services, at
  211  such times and in such manner as is prescribed by the department
  212  after consultation with the Genetics and Infant Screening
  213  Advisory Council and the Agency for Workforce Innovation State
  214  Coordinating Council for School Readiness Programs.
  215         (2) RULES.—After consultation with the Genetics and Newborn
  216  Screening Advisory Council, the department shall adopt and
  217  enforce rules requiring that every newborn in this state shall,
  218  prior to becoming 1 week of age, be subjected to a test for
  219  phenylketonuria and, at the appropriate age, be tested for such
  220  other metabolic diseases and hereditary or congenital disorders
  221  as the department may deem necessary from time to time. After
  222  consultation with the Agency for Workforce Innovation State
  223  Coordinating Council for School Readiness Programs, the
  224  department shall also adopt and enforce rules requiring every
  225  newborn in this state to be screened for environmental risk
  226  factors that place children and their families at risk for
  227  increased morbidity, mortality, and other negative outcomes. The
  228  department shall adopt such additional rules as are found
  229  necessary for the administration of this section and s. 383.145,
  230  including rules providing definitions of terms, rules relating
  231  to the methods used and time or times for testing as accepted
  232  medical practice indicates, rules relating to charging and
  233  collecting fees for the administration of the newborn screening
  234  program authorized by this section, rules for processing
  235  requests and releasing test and screening results, and rules
  236  requiring mandatory reporting of the results of tests and
  237  screenings for these conditions to the department.
  238         Section 5. Section 402.25, Florida Statutes, is
  239  transferred, renumbered as section 411.0106, Florida Statutes,
  240  and amended to read:
  241         411.0106 402.25 Infants and toddlers in state-funded
  242  education and care programs; brain development activities.—Each
  243  state-funded education and care program for children from birth
  244  to 5 years of age must provide activities to foster brain
  245  development in infants and toddlers. A program must provide an
  246  environment that helps children attain the performance standards
  247  adopted by the Agency for Workforce Innovation under s.
  248  411.01(4)(d)8. and must be rich in language and music and filled
  249  with objects of various colors, shapes, textures, and sizes to
  250  stimulate visual, tactile, auditory, and linguistic senses in
  251  the children and must include classical music and at least 30
  252  minutes of reading to the children each day. A program may be
  253  offered through an existing early childhood program such as
  254  Healthy Start, the Title I program, the school readiness program
  255  contracted or directly operated subsidized child care, the
  256  prekindergarten early intervention program, Florida First Start,
  257  the Head Start program, or a private child care program. A
  258  program must provide training for the infants’ and toddlers’
  259  parents including direct dialogue and interaction between
  260  teachers and parents demonstrating the urgency of brain
  261  development in the first year of a child’s life. Family day care
  262  centers are encouraged, but not required, to comply with this
  263  section.
  264         Section 6. Subsection (5) of section 402.26, Florida
  265  Statutes, is amended to read:
  266         402.26 Child care; legislative intent.—
  267         (5) It is the further intent of the Legislature to provide
  268  and make accessible child care opportunities for children at
  269  risk, economically disadvantaged children, and other children
  270  traditionally disenfranchised from society. In achieving this
  271  intent, the Legislature shall develop a school readiness program
  272  subsidized child care system, a range of child care options,
  273  support services, and linkages with other programs to fully meet
  274  the child care needs of this population.
  275         Section 7. Subsection (2) of section 402.281, Florida
  276  Statutes, is amended to read:
  277         402.281 Gold Seal Quality Care program.—
  278         (2) In developing the Gold Seal Quality Care program
  279  standards, the department shall consult with the Department of
  280  Education, the Agency for Workforce Innovation, the Florida Head
  281  Start Directors Association, the Florida Association of Child
  282  Care Management, the Florida Family Day Care Association, the
  283  Florida Children’s Forum, the State Coordinating Council for
  284  School Readiness Programs, the Early Childhood Association of
  285  Florida, the National Association for Child Development
  286  Education Alliance, providers receiving exemptions under s.
  287  402.316, and parents, for the purpose of approving the
  288  accrediting associations.
  289         Section 8. Section 402.3016, Florida Statutes, is
  290  transferred and renumbered as section 411.0104, Florida
  291  Statutes.
  292         Section 9. Section 402.3018, Florida Statutes, is
  293  transferred, renumbered as section 411.01015, Florida Statutes,
  294  and amended to read:
  295         411.01015 402.3018 Consultation to child care centers and
  296  family day care homes regarding health, developmental,
  297  disability, and special needs issues.—
  298         (1) Contingent upon specific appropriations, the Agency for
  299  Workforce Innovation shall administer department is directed to
  300  contract with the statewide resource information and referral
  301  agency for a statewide toll-free Warm-Line for the purpose of
  302  providing assistance and consultation to child care centers and
  303  family day care homes regarding health, developmental,
  304  disability, and special needs issues of the children they are
  305  serving, particularly children with disabilities and other
  306  special needs.
  307         (2) The purpose of the Warm-Line is to provide advice to
  308  child care personnel concerning strategies, curriculum, and
  309  environmental adaptations that allow a child with a disability
  310  or special need to derive maximum benefit from the child care
  311  services experience.
  312         (3) The Agency for Workforce Innovation department shall
  313  annually inform child care centers and family day care homes of
  314  the availability of this service through the child care resource
  315  and referral network under s. 411.0101, on an annual basis.
  316         (4) Contingent upon specific appropriations, the Agency for
  317  Workforce Innovation department shall expand, or contract for
  318  the expansion of, the Warm-Line to maintain at least one Warm
  319  Line site in each early learning coalition service area from one
  320  statewide site to one Warm-Line site in each child care resource
  321  and referral agency region.
  322         (5) Each regional Warm-Line shall provide assistance and
  323  consultation to child care centers and family day care homes
  324  regarding health, developmental, disability, and special needs
  325  issues of the children they are serving, particularly children
  326  with disabilities and other special needs. Regional Warm-Line
  327  staff shall provide onsite technical assistance, when requested,
  328  to assist child care centers and family day care homes with
  329  inquiries relative to the strategies, curriculum, and
  330  environmental adaptations the child care centers and family day
  331  care homes may need as they serve children with disabilities and
  332  other special needs.
  333         Section 10. Section 402.3051, Florida Statutes, is
  334  transferred, renumbered as section 411.01013, Florida Statutes,
  335  and amended to read:
  336         (Substantial rewording of section. See
  337         s. 402.3051, F.S., for present text.)
  338         411.01013 Prevailing market rate schedule.—
  339         (1) As used in this section, the term:
  340         (a) “Market rate” means the price that a child care
  341  provider charges for daily, weekly, or monthly child care
  342  services.
  343         (b) “Prevailing market rate” means the annually determined
  344  75th percentile of a reasonable frequency distribution of the
  345  market rate in a predetermined geographic market at which child
  346  care providers charge a person for child care services.
  347         (2) The Agency for Workforce Innovation shall establish
  348  procedures for the adoption of a prevailing market rate
  349  schedule. The schedule must include, at a minimum, county-by
  350  county rates:
  351         (a) At the prevailing market rate, plus the maximum rate,
  352  for child care providers that hold a Gold Seal Quality Care
  353  designation under s. 402.281.
  354         (b) At the prevailing market rate for child care providers
  355  that do not hold a Gold Seal Quality Care designation.
  356         (3) The prevailing market rate schedule, at a minimum,
  357  must:
  358         (a) Differentiate rates by type, including, but not limited
  359  to, a child care provider that holds a Gold Seal Quality Care
  360  designation under s. 402.281, a child care facility licensed
  361  under s. 402.305, a public or nonpublic school exempt from
  362  licensure under s. 402.3025, a faith-based child care facility
  363  exempt from licensure under s. 402.316 that does not hold a Gold
  364  Seal Quality Care designation, a large family child care home
  365  licensed under s. 402.3131, a family day care home licensed or
  366  registered under s. 402.313, or an after-school program that is
  367  not defined as child care under rules adopted pursuant to s.
  368  402.3045.
  369         (b) Differentiate rates by the type of child care services
  370  provided for children with special needs or risk categories,
  371  infants, toddlers, preschool-age children, and school-age
  372  children.
  373         (c) Differentiate rates between full-time and part-time
  374  child care services.
  375         (d) Consider discounted rates for child care services for
  376  multiple children in a single family.
  377         (4) The prevailing market rate schedule must be based
  378  exclusively on the prices charged for child care services. If a
  379  conflict exists between this subsection and federal
  380  requirements, the federal requirements shall control.
  381         (5) The Agency for Workforce Innovation may contract with
  382  one or more qualified entities to administer this section and
  383  provide support and technical assistance for child care
  384  providers.
  385         (6) The Agency for Workforce Innovation may adopt rules
  386  pursuant to ss. 120.536(1) and 120.54 to administer this
  387  section.
  388         Section 11. Subsection (1) of section 402.313, Florida
  389  Statutes, is amended to read:
  390         402.313 Family day care homes.—
  391         (1) Family day care homes shall be licensed under this act
  392  if they are presently being licensed under an existing county
  393  licensing ordinance, if they are participating in the subsidized
  394  child care program, or if the board of county commissioners
  395  passes a resolution that family day care homes be licensed. If
  396  no county authority exists for the licensing of a family day
  397  care home, the department shall have the authority to license
  398  family day care homes under contract for the purchase-of-service
  399  system in the subsidized child care program.
  400         (a) If not subject to license, family day care homes shall
  401  register annually with the department, providing the following
  402  information:
  403         1. The name and address of the home.
  404         2. The name of the operator.
  405         3. The number of children served.
  406         4. Proof of a written plan to provide at least one other
  407  competent adult to be available to substitute for the operator
  408  in an emergency. This plan shall include the name, address, and
  409  telephone number of the designated substitute.
  410         5. Proof of screening and background checks.
  411         6. Proof of successful completion of the 30-hour training
  412  course, as evidenced by passage of a competency examination,
  413  which shall include:
  414         a. State and local rules and regulations that govern child
  415  care.
  416         b. Health, safety, and nutrition.
  417         c. Identifying and reporting child abuse and neglect.
  418         d. Child development, including typical and atypical
  419  language development; and cognitive, motor, social, and self
  420  help skills development.
  421         e. Observation of developmental behaviors, including using
  422  a checklist or other similar observation tools and techniques to
  423  determine a child’s developmental level.
  424         f. Specialized areas, including early literacy and language
  425  development of children from birth to 5 years of age, as
  426  determined by the department, for owner-operators of family day
  427  care homes.
  428         7. Proof that immunization records are kept current.
  429         8. Proof of completion of the required continuing education
  430  units or clock hours.
  431         (b) A family day care home not participating in the
  432  subsidized child care program may volunteer to be licensed under
  433  the provisions of this act.
  434         (c) The department may provide technical assistance to
  435  counties and family day care home providers to enable counties
  436  and family day care providers to achieve compliance with family
  437  day care homes standards.
  438         Section 12. Section 402.3135, Florida Statutes, is
  439  repealed.
  440         Section 13. Section 402.3145, Florida Statutes, is
  441  transferred, renumbered as section 411.01014, Florida Statutes,
  442  and amended to read:
  443         411.01014 402.3145School readiness Subsidized child care
  444  transportation services program.—
  445         (1) The Agency for Workforce Innovation department,
  446  pursuant to chapter 427, shall establish school readiness a
  447  subsidized child care transportation services system for
  448  children at risk of abuse or neglect participating in the school
  449  readiness subsidized child care program. The early learning
  450  coalitions may state community child care coordination agencies
  451  shall contract for the provision of transportation services as
  452  required by this section.
  453         (2) The transportation servicers may only system shall
  454  provide transportation to each child participating in the school
  455  readiness program to the extent that such subsidized child care
  456  when, and only when, transportation is necessary to provide
  457  child care opportunities that which otherwise would not be
  458  available to a child whose home is more than a reasonable
  459  walking distance from the nearest child care facility or family
  460  day care home.
  461         Section 14. Subsection (3) of section 402.315, Florida
  462  Statutes, is amended to read:
  463         402.315 Funding; license fees.—
  464         (3) The department shall collect a fee for any license it
  465  issues for a child care facility, family day care home, or large
  466  family child care home pursuant to ss. 402.305, 402.313, and
  467  402.3131 s. 402.308.
  468         (a) For a child care facility licensed pursuant to s.
  469  402.305, such fee shall be $1 per child based on the licensed
  470  capacity of the facility, except that the minimum fee shall be
  471  $25 per facility center and the maximum fee shall be $100 per
  472  facility center.
  473         (b) For a family day care home registered pursuant to s.
  474  402.313, such fee shall be $25.
  475         (c) For a family day care home licensed pursuant to s.
  476  402.313, such fee shall be $50.
  477         (d) For a large family child care home licensed pursuant to
  478  s. 402.3131, such fee shall be $60.
  479         Section 15. Subsection (6) of section 402.45, Florida
  480  Statutes, is amended to read:
  481         402.45 Community resource mother or father program.—
  482         (6) Individuals under contract to provide community
  483  resource mother or father services shall participate in
  484  preservice and ongoing training as determined by the Department
  485  of Health in consultation with the Agency for Workforce
  486  Innovation State Coordinating Council for School Readiness
  487  Programs. A community resource mother or father shall not be
  488  assigned a client caseload until all preservice training
  489  requirements are completed.
  490         Section 16. Paragraph (c) of subsection (5) of section
  491  409.1671, Florida Statutes, is amended to read:
  492         409.1671 Foster care and related services; outsourcing.—
  493         (5)
  494         (c) A foster home dually licensed home under s. 409.175 may
  495  this section shall be dually licensed as a child care home under
  496  chapter 402 and may eligible to receive a foster care
  497  maintenance both an out-of-home care payment and, to the extent
  498  permitted under federal law, school readiness funding a
  499  subsidized child care payment for the same child pursuant to
  500  federal law. The department may adopt administrative rules
  501  necessary to administer this paragraph.
  502         Section 17. Paragraphs (a), (d), (e), (f), (g), and (h) of
  503  subsection (2) and subsections (4) through (11) of section
  504  411.01, Florida Statutes, are amended to read:
  505         411.01 School readiness programs; early learning
  506  coalitions.—
  507         (2) LEGISLATIVE INTENT.—
  508         (a) The Legislature recognizes that school readiness
  509  programs increase children’s chances of achieving future
  510  educational success and becoming productive members of society.
  511  It is the intent of the Legislature that the programs be
  512  developmentally appropriate, research-based, involve the parent
  513  parents as a their child’s first teacher, serve as preventive
  514  measures for children at risk of future school failure, enhance
  515  the educational readiness of eligible children, and support
  516  family education. Each school readiness program shall provide
  517  the elements necessary to prepare at-risk children for school,
  518  including health screening and referral and an appropriate
  519  educational program.
  520         (d) It is the intent of the Legislature that the
  521  administrative staff at the state level for school readiness
  522  programs be kept to the minimum necessary to administer the
  523  duties of the Agency for Workforce Innovation and early learning
  524  coalitions. The Agency for Workforce Innovation shall implement
  525  system support services at the state level to build a
  526  comprehensive early learning system, as the school readiness
  527  programs are to be regionally designed, operated, and managed,
  528  with the Agency for Workforce Innovation developing school
  529  readiness program performance standards and outcome measures and
  530  approving and reviewing early learning coalitions and school
  531  readiness plans.
  532         (e) It is the intent of the Legislature that appropriations
  533  for combined school readiness programs shall not be less than
  534  the programs would receive in any fiscal year on an uncombined
  535  basis.
  536         (e)(f) It is the intent of the Legislature that the school
  537  readiness program coordinate and operate in conjunction with the
  538  district school systems. However, it is also the intent of the
  539  Legislature that the school readiness program not be construed
  540  as part of the system of free public schools but rather as a
  541  separate program for children under the age of kindergarten
  542  eligibility, funded separately from the system of free public
  543  schools, utilizing a mandatory sliding fee scale, and providing
  544  an integrated and seamless system of school readiness services
  545  for the state’s birth-to-kindergarten population.
  546         (g) It is the intent of the Legislature that the federal
  547  child care income tax credit be preserved for school readiness
  548  programs.
  549         (f)(h) It is the intent of the Legislature that school
  550  readiness services shall be an integrated and seamless program
  551  system of services with a developmentally appropriate education
  552  component for the state’s eligible birth-to-kindergarten
  553  population described in subsection (6) and shall not be
  554  construed as part of the seamless K-20 education system.
  555         (4) AGENCY FOR WORKFORCE INNOVATION.—
  556         (a) The Agency for Workforce Innovation shall administer
  557  school readiness programs at the state level and shall
  558  coordinate with the early learning coalitions in providing
  559  school readiness services on a full-day, full-year, full-choice
  560  basis to the extent possible in order to enable parents to work
  561  and be financially self-sufficient.
  562         (b) The Agency for Workforce Innovation shall:
  563         1. Coordinate the birth-to-kindergarten services for
  564  children who are eligible under subsection (6) and the
  565  programmatic, administrative, and fiscal standards under this
  566  section for all public providers of school readiness programs.
  567         2. Continue to provide unified leadership for school
  568  readiness through early learning coalitions.
  569         2.3. Focus on improving the educational quality of all
  570  program providers participating in publicly funded school
  571  readiness programs.
  572         (c) The Governor shall designate the Agency for Workforce
  573  Innovation as the lead agency for purposes of administration of
  574  the federal Child Care and Development Fund, 45 C.F.R. parts 98
  575  and 99, and the agency for Workforce Innovation may be
  576  designated by the Governor as the lead agency and, if so
  577  designated, shall comply with the lead agency responsibilities
  578  under federal law.
  579         (d) The Agency for Workforce Innovation shall:
  580         1. Be responsible for the prudent use of all public and
  581  private funds in accordance with all legal and contractual
  582  requirements.
  583         2. Provide final approval and every 2 years periodic review
  584  of early learning coalitions and school readiness plans.
  585         3. Establish Provide leadership for the enhancement of
  586  school readiness in this state by aggressively establishing a
  587  unified approach to the state’s efforts toward enhancement of
  588  school readiness. In support of this effort, the Agency for
  589  Workforce Innovation shall adopt may develop and implement
  590  specific system support service strategies that address the
  591  state’s school readiness programs. An early learning coalition
  592  shall amend its school readiness plan to conform to the specific
  593  system support service strategies adopted by the Agency for
  594  Workforce Innovation. System support services shall include, but
  595  are not limited to:
  596         a. Child care resource and referral services;
  597         b. Warm-Line services;
  598         c. Eligibility determinations;
  599         d. Child performance standards;
  600         e. Child screening and assessment;
  601         f. Developmentally appropriate curricula;
  602         g. Health and safety requirements;
  603         h. Statewide data system requirements; and
  604         i. Rating and improvement systems.
  605         4. Safeguard the effective use of federal, state, local,
  606  and private resources to achieve the highest possible level of
  607  school readiness for the children in this state.
  608         5. Adopt a rule establishing criteria for the expenditure
  609  of funds designated for the purpose of funding activities to
  610  improve the quality of child care within the state in accordance
  611  with s. 658G of the federal Child Care and Development Block
  612  Grant Act.
  613         6.5. Provide technical assistance to early learning
  614  coalitions in a manner determined by the Agency for Workforce
  615  Innovation based upon information obtained by the agency from
  616  various sources, including, but not limited to, public input,
  617  government reports, private interest group reports, agency
  618  monitoring visits, and coalition requests for service.
  619         7. In cooperation with the Department of Education and
  620  early learning coalitions, coordinate with the Child Care
  621  Services Program Office of the Department of Children and Family
  622  Services to minimize duplicating interagency activities, health
  623  and safety monitoring, and acquiring and composing data
  624  pertaining to child care training and credentialing.
  625         6. Assess gaps in service.
  626         7. Provide technical assistance to counties that form a
  627  multicounty region served by an early learning coalition.
  628         8. Develop and adopt performance standards and outcome
  629  measures for school readiness programs. The performance
  630  standards must address the age-appropriate progress of children
  631  in the development of the school readiness skills required under
  632  paragraph (j). The performance standards for children from birth
  633  to 5 3 years of age in school readiness programs must be
  634  integrated with the performance standards adopted by the
  635  Department of Education for children in the Voluntary
  636  Prekindergarten Education Program under s. 1002.67.
  637         9. Adopt a standard contract that must be used by the
  638  coalitions when contracting with school readiness providers.
  639         (e) The Agency for Workforce Innovation may adopt rules
  640  under ss. 120.536(1) and 120.54 to administer the provisions of
  641  law conferring duties upon the agency, including, but not
  642  limited to, rules governing the administration of system support
  643  services preparation and implementation of the school readiness
  644  programs system, the collection of data, the approval of early
  645  learning coalitions and school readiness plans, the provision of
  646  a method whereby an early learning coalition may serve two or
  647  more counties, the award of incentives to early learning
  648  coalitions, child performance standards, child outcome measures,
  649  and the issuance of waivers, and the implementation of the
  650  state’s Child Care and Development Fund Plan as approved by the
  651  federal Administration for Children and Families.
  652         (f) The Agency for Workforce Innovation shall have all
  653  powers necessary to administer this section, including, but not
  654  limited to, the power to receive and accept grants, loans, or
  655  advances of funds from any public or private agency and to
  656  receive and accept from any source contributions of money,
  657  property, labor, or any other thing of value, to be held, used,
  658  and applied for purposes of this section.
  659         (g) Except as provided by law, the Agency for Workforce
  660  Innovation may not impose requirements on a child care or early
  661  childhood education provider that does not deliver services
  662  under the a school readiness programs program or receive state
  663  or federal funds under this section.
  664         (h) The Agency for Workforce Innovation shall have a budget
  665  for the school readiness programs system, which shall be
  666  financed through an annual appropriation made for purposes of
  667  this section in the General Appropriations Act.
  668         (i) The Agency for Workforce Innovation shall coordinate
  669  the efforts toward school readiness in this state and provide
  670  independent policy analyses, data analyses, and recommendations
  671  to the Governor, the State Board of Education, and the
  672  Legislature.
  673         (j) The Agency for Workforce Innovation shall require that
  674  each early learning coalition’s school readiness programs
  675  program must, at a minimum, enhance the age-appropriate progress
  676  of each child in attaining the performance standards adopted
  677  under subparagraph (d)8. and in the development of the following
  678  school readiness skills:
  679         1. Compliance with rules, limitations, and routines.
  680         2. Ability to perform tasks.
  681         3. Interactions with adults.
  682         4. Interactions with peers.
  683         5. Ability to cope with challenges.
  684         6. Self-help skills.
  685         7. Ability to express the child’s needs.
  686         8. Verbal communication skills.
  687         9. Problem-solving skills.
  688         10. Following of verbal directions.
  689         11. Demonstration of curiosity, persistence, and
  690  exploratory behavior.
  691         12. Interest in books and other printed materials.
  692         13. Paying attention to stories.
  693         14. Participation in art and music activities.
  694         15. Ability to identify colors, geometric shapes, letters
  695  of the alphabet, numbers, and spatial and temporal
  696  relationships.
  697  
  698  Within 30 days after enrollment The Agency for Workforce
  699  Innovation shall also require that, before a child is enrolled
  700  in the an early learning coalition’s school readiness program,
  701  the early learning coalition must ensure that the program
  702  provider obtains information is obtained by the coalition or the
  703  school readiness provider regarding the child’s immunizations,
  704  physical development, and other health requirements as
  705  necessary, including appropriate vision and hearing screening
  706  and examinations. For a program provider licensed by the
  707  Department of Children and Family Services, the provider’s
  708  compliance with s. 402.305(9), as verified pursuant to s.
  709  402.311, shall satisfy this requirement.
  710         (k) The Agency for Workforce Innovation shall conduct
  711  studies and planning activities related to the overall
  712  improvement and effectiveness of the outcome measures adopted by
  713  the agency for school readiness programs and the specific system
  714  support service strategies to address the state’s school
  715  readiness programs adopted by the Agency for Workforce
  716  Innovation in accordance with subparagraph (d)3.
  717         (l) The Agency for Workforce Innovation shall monitor and
  718  evaluate the performance of each early learning coalition in
  719  administering the school readiness program, implementing the
  720  coalition’s school readiness plan, and administering the
  721  Voluntary Prekindergarten Education Program. These monitoring
  722  and performance evaluations must include, at a minimum, onsite
  723  monitoring of each coalition’s finances, management, operations,
  724  and programs.
  725         (m) The Agency for Workforce Innovation shall identify best
  726  practices of early learning coalitions in order to improve the
  727  outcomes of school readiness programs.
  728         (m)(n) The Agency for Workforce Innovation shall submit an
  729  annual report of its activities conducted under this section to
  730  the Governor, the executive director of the Florida Healthy Kids
  731  Corporation, the President of the Senate, the Speaker of the
  732  House of Representatives, and the minority leaders of both
  733  houses of the Legislature. In addition, the Agency for Workforce
  734  Innovation’s reports and recommendations shall be made available
  735  to the State Board of Education, the Florida Early Learning
  736  Advisory Council and, other appropriate state agencies and
  737  entities, district school boards, central agencies, and county
  738  health departments. The annual report must provide an analysis
  739  of school readiness activities across the state, including the
  740  number of children who were served in the programs.
  741         (n)(o) The Agency for Workforce Innovation shall work with
  742  the early learning coalitions to ensure availability of training
  743  and support for parental increase parents’ training for and
  744  involvement in their children’s early preschool education and to
  745  provide family literacy activities and services programs.
  746         (5) CREATION OF EARLY LEARNING COALITIONS.—
  747         (a) Early learning coalitions.—
  748         1. Each early learning coalition shall maintain direct
  749  enhancement services at the local level and ensure access to
  750  such services in all 67 counties.
  751         2.1. The Agency for Workforce Innovation shall establish
  752  the minimum number of children to be served by each early
  753  learning coalition through the coalition’s school readiness
  754  program. The Agency for Workforce Innovation may only approve
  755  school readiness plans in accordance with this minimum number.
  756  The minimum number must be uniform for every early learning
  757  coalition and must:
  758         a. Permit 31 30 or fewer coalitions to be established; and
  759         b. Require each coalition to serve at least 2,000 children
  760  based upon the average number of all children served per month
  761  through the coalition’s school readiness program during the
  762  previous 12 months.
  763  
  764  The Agency for Workforce Innovation shall adopt procedures for
  765  merging early learning coalitions, including procedures for the
  766  consolidation of merging coalitions, and for the early
  767  termination of the terms of coalition members which are
  768  necessary to accomplish the mergers. Each early learning
  769  coalition must comply with the merger procedures and shall be
  770  organized in accordance with this subparagraph by April 1, 2005.
  771  By June 30, 2005, each coalition must complete the transfer of
  772  powers, duties, functions, rules, records, personnel, property,
  773  and unexpended balances of appropriations, allocations, and
  774  other funds to the successor coalition, if applicable.
  775         3.2. If an early learning coalition would serve fewer
  776  children than the minimum number established under subparagraph
  777  2. 1., the coalition must merge with another county to form a
  778  multicounty coalition. The Agency for Workforce Innovation shall
  779  adopt procedures for merging early learning coalitions,
  780  including procedures for the consolidation of merging
  781  coalitions, and for the early termination of the terms of
  782  coalition members which are necessary to accomplish the mergers.
  783  However, the Agency for Workforce Innovation may authorize an
  784  early learning coalition to serve fewer children than the
  785  minimum number established under subparagraph 2. 1., if:
  786         a. The coalition demonstrates to the Agency for Workforce
  787  Innovation that merging with another county or multicounty
  788  region contiguous to the coalition would cause an extreme
  789  hardship on the coalition;
  790         b. The Agency for Workforce Innovation has determined
  791  during the most recent annual review of the coalition’s school
  792  readiness plan, or through monitoring and performance
  793  evaluations conducted under paragraph (4)(l), that the coalition
  794  has substantially implemented its plan and substantially met the
  795  performance standards and outcome measures adopted by the
  796  agency; and
  797         c. The coalition demonstrates to the Agency for Workforce
  798  Innovation the coalition’s ability to effectively and
  799  efficiently implement the Voluntary Prekindergarten Education
  800  Program.
  801  
  802  If an early learning coalition fails or refuses to merge as
  803  required by this subparagraph, the Agency for Workforce
  804  Innovation may dissolve the coalition and temporarily contract
  805  with a qualified entity to continue school readiness and
  806  prekindergarten services in the coalition’s county or
  807  multicounty region until the agency reestablishes the coalition
  808  and a new is reestablished through resubmission of a school
  809  readiness plan is approved and approval by the agency.
  810         3. Notwithstanding the provisions of subparagraphs 1. and
  811  2., the early learning coalitions in Sarasota, Osceola, and
  812  Santa Rosa Counties which were in operation on January 1, 2005,
  813  are established and authorized to continue operation as
  814  independent coalitions, and shall not be counted within the
  815  limit of 30 coalitions established in subparagraph 1.
  816         4. Each early learning coalition shall be composed of at
  817  least 15 18 members but not more than 30 35 members. The Agency
  818  for Workforce Innovation shall adopt standards establishing
  819  within this range the minimum and maximum number of members that
  820  may be appointed to an early learning coalition and procedures
  821  for identifying which members have voting privileges under
  822  subparagraph 6. These standards must include variations for a
  823  coalition serving a multicounty region. Each early learning
  824  coalition must comply with these standards.
  825         5. The Governor shall appoint the chair and two other
  826  members of each early learning coalition, who must each meet the
  827  same qualifications as private sector business members appointed
  828  by the coalition under subparagraph 7.
  829         6. Each early learning coalition must include the following
  830  member positions; however, in a multicounty coalition, each ex
  831  officio member position may be filled by multiple nonvoting
  832  members but no more than one voting member shall be seated per
  833  member position. If an early learning coalition has more than
  834  one member representing the same entity, only one of such
  835  members may serve as a voting member members:
  836         a. A Department of Children and Family Services circuit
  837  district administrator or his or her designee who is authorized
  838  to make decisions on behalf of the department.
  839         b. A district superintendent of schools or his or her
  840  designee who is authorized to make decisions on behalf of the
  841  district, who shall be a nonvoting member.
  842         c. A regional workforce board executive director or his or
  843  her designee.
  844         d. A county health department director or his or her
  845  designee.
  846         e. A children’s services council or juvenile welfare board
  847  chair or executive director, if applicable, who shall be a
  848  nonvoting member if the council or board is the fiscal agent of
  849  the coalition or if the council or board contracts with and
  850  receives funds from the coalition for any purpose other than
  851  rent.
  852         f. An agency head of a local licensing agency as defined in
  853  s. 402.302, where applicable.
  854         g. A president of a community college or his or her
  855  designee.
  856         h. One member appointed by a board of county commissioners
  857  or the governing board of a municipality.
  858         i. A central agency administrator, where applicable, who
  859  shall be a nonvoting member.
  860         j. A Head Start director, who shall be a nonvoting member.
  861         k. A representative of private for-profit child care
  862  providers, including private for-profit family day care homes,
  863  who shall be a nonvoting member.
  864         l. A representative of faith-based child care providers,
  865  who shall be a nonvoting member.
  866         m. A representative of programs for children with
  867  disabilities under the federal Individuals with Disabilities
  868  Education Act, who shall be a nonvoting member.
  869         7. Including the members appointed by the Governor under
  870  subparagraph 5., more than one-third of the members of each
  871  early learning coalition must be private sector business members
  872  who do not have, and none of whose relatives as defined in s.
  873  112.3143 has, a substantial financial interest in the design or
  874  delivery of the Voluntary Prekindergarten Education Program
  875  created under part V of chapter 1002 or the coalition’s school
  876  readiness program. To meet this requirement an early learning
  877  coalition must appoint additional members from a list of
  878  nominees submitted to the coalition by a chamber of commerce or
  879  economic development council within the geographic region served
  880  by the coalition. The Agency for Workforce Innovation shall
  881  establish criteria for appointing private sector business
  882  members. These criteria must include standards for determining
  883  whether a member or relative has a substantial financial
  884  interest in the design or delivery of the Voluntary
  885  Prekindergarten Education Program or the coalition’s school
  886  readiness program.
  887         8. A majority of the voting membership of an early learning
  888  coalition constitutes a quorum required to conduct the business
  889  of the coalition. An early learning coalition board may use any
  890  method of telecommunications to conduct meetings, including
  891  establishing a quorum through telecommunications, provided that
  892  the public is given proper notice of a telecommunications
  893  meeting and reasonable access to observe and, when appropriate,
  894  participate.
  895         9. A voting member of an early learning coalition may not
  896  appoint a designee to act in his or her place, except as
  897  otherwise provided in this paragraph. A voting member may send a
  898  representative to coalition meetings, but that representative
  899  does not have voting privileges. When a district administrator
  900  for the Department of Children and Family Services appoints a
  901  designee to an early learning coalition, the designee is the
  902  voting member of the coalition, and any individual attending in
  903  the designee’s place, including the district administrator, does
  904  not have voting privileges.
  905         10. Each member of an early learning coalition is subject
  906  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
  907  112.3143(3)(a), each voting member is a local public officer who
  908  must abstain from voting when a voting conflict exists.
  909         11. For purposes of tort liability, each member or employee
  910  of an early learning coalition shall be governed by s. 768.28.
  911         12. An early learning coalition serving a multicounty
  912  region must include representation from each county.
  913         13. Each early learning coalition shall establish terms for
  914  all appointed members of the coalition. The terms must be
  915  staggered and must be a uniform length that does not exceed 4
  916  years per term. Coalition chairs shall be appointed for 4 years
  917  in conjunction with their membership on the Early Learning
  918  Advisory Council under s. 20.052. Appointed members may serve a
  919  maximum of two consecutive terms. When a vacancy occurs in an
  920  appointed position, the coalition must advertise the vacancy.
  921         (b) Limitation.—Except as provided by law, the early
  922  learning coalitions may not impose requirements on a child care
  923  or early childhood education provider that does not deliver
  924  services under the school readiness programs or receive state,
  925  federal, required maintenance of effort, or matching funds under
  926  this section.
  927         (b) Program participation.—The school readiness program
  928  shall be established for children from birth to the beginning of
  929  the school year for which a child is eligible for admission to
  930  kindergarten in a public school under s. 1003.21(1)(a)2. The
  931  program shall be administered by the early learning coalition.
  932  Within funding limitations, the early learning coalition, along
  933  with all providers, shall make reasonable efforts to accommodate
  934  the needs of children for extended-day and extended-year
  935  services without compromising the quality of the program.
  936         (c) Program expectations.—
  937         1. The school readiness program must meet the following
  938  expectations:
  939         a. The program must, at a minimum, enhance the age
  940  appropriate progress of each child in attaining the development
  941  of the school readiness skills required under paragraph (4)(j),
  942  as measured by the performance standards and outcome measures
  943  adopted by the Agency for Workforce Innovation.
  944         b. The program must provide extended-day and extended-year
  945  services to the maximum extent possible without compromising the
  946  quality of the program to meet the needs of parents who work.
  947         c. The program There must provide a be coordinated
  948  professional staff development system that supports the
  949  achievement and maintenance of core competencies by school
  950  readiness instructors in helping children attain the performance
  951  standards and outcome measures adopted by the Agency for
  952  Workforce Innovation and teaching opportunities.
  953         d. There must be expanded access to community services and
  954  resources for families to help achieve economic self
  955  sufficiency.
  956         e. There must be a single point of entry and unified
  957  waiting list. As used in this sub-subparagraph, the term “single
  958  point of entry” means an integrated information system that
  959  allows a parent to enroll his or her child in the school
  960  readiness program at various locations throughout a the county
  961  or multicounty region served by an early learning coalition,
  962  that may allow a parent to enroll his or her child by telephone
  963  or through an Internet website, and that uses a unified waiting
  964  list to track eligible children waiting for enrollment in the
  965  school readiness program. The Agency for Workforce Innovation
  966  shall establish through technology a single statewide
  967  information system that each coalition must use for the purposes
  968  of managing the integrates each early learning coalition’s
  969  single point of entry, tracking children’s progress,
  970  coordinating services among stakeholders, determining
  971  eligibility, tracking child attendance, and streamlining
  972  administrative processes for providers and early learning
  973  coalitions and each coalition must use the statewide system.
  974         f. The Agency for Workforce Innovation must consider the
  975  access of eligible children to the school readiness program, as
  976  demonstrated in part by waiting lists, before approving a
  977  proposed increase in payment rates submitted by an early
  978  learning coalition. In addition, early learning coalitions shall
  979  use school readiness funds made available due to enrollment
  980  shifts from school readiness programs to the Voluntary
  981  Prekindergarten Education Program for increasing the number of
  982  children served in school readiness programs before increasing
  983  payment rates.
  984         g. There must be a community plan to address the needs of
  985  all eligible children.
  986         g.h. The program must meet all state licensing guidelines,
  987  where applicable.
  988         h. The program must ensure that minimum standards for child
  989  discipline practices are age-appropriate. Such standards must
  990  provide that children not be subjected to discipline that is
  991  severe, humiliating, or frightening or discipline that is
  992  associated with food, rest, or toileting. Spanking or any other
  993  form of physical punishment is prohibited.
  994         2. Each The early learning coalition must implement a
  995  comprehensive program of school readiness services in accordance
  996  with the rules adopted by the agency which that enhance the
  997  cognitive, social, and physical development of children to
  998  achieve the performance standards and outcome measures adopted
  999  by the agency for Workforce Innovation. At a minimum, these
 1000  programs must contain the following system support service
 1001  elements:
 1002         a. Developmentally appropriate curriculum designed to
 1003  enhance the age-appropriate progress of children in attaining
 1004  the performance standards adopted by the Agency for Workforce
 1005  Innovation under subparagraph (4)(d)8.
 1006         b. A character development program to develop basic values.
 1007         c. An age-appropriate screening assessment of each child’s
 1008  development.
 1009         d. An age-appropriate assessment A pretest administered to
 1010  children when they enter a program and an age-appropriate
 1011  assessment a posttest administered to children when they leave
 1012  the program.
 1013         e. An appropriate staff-to-children ratio, pursuant to s.
 1014  402.305(4) or s. 402.302(7) or (8), as applicable, and as
 1015  verified pursuant to s. 402.311.
 1016         f. A healthy and safe environment pursuant to s.
 1017  401.305(5), (6), and (7), as applicable, and as verified
 1018  pursuant to s. 402.311.
 1019         g. A resource and referral network established under s.
 1020  411.0101 to assist parents in making an informed choice and a
 1021  regional Warm-Line under s. 411.01015.
 1022  
 1023  The Agency for Workforce Innovation, the Department of
 1024  Education, and early learning coalitions shall coordinate with
 1025  the Child Care Services Program Office of the Department of
 1026  Children and Family Services to minimize duplicating interagency
 1027  activities pertaining to acquiring and composing data for child
 1028  care training and credentialing.
 1029         (d) Implementation.—
 1030         1. An early learning coalition may not implement the school
 1031  readiness program until the coalition is authorized through
 1032  approval of the coalition’s school readiness plan by the Agency
 1033  for Workforce Innovation.
 1034         2. Each early learning coalition shall coordinate with one
 1035  another to implement a comprehensive program of school readiness
 1036  services which enhances the cognitive, social, physical, and
 1037  moral character of the children to achieve the performance
 1038  standards and outcome measures and which helps families achieve
 1039  economic self-sufficiency. Such program must contain, at a
 1040  minimum, the following elements: develop a plan for implementing
 1041         a. Implement the school readiness program to meet the
 1042  requirements of this section and the system support services,
 1043  performance standards, and outcome measures adopted by the
 1044  Agency for Workforce Innovation.
 1045         b.The plan must Demonstrate how the program will ensure
 1046  that each 3-year-old and 4-year-old child from birth through 5
 1047  years of age in a publicly funded school readiness program
 1048  receives scheduled activities and instruction designed to
 1049  enhance the age-appropriate progress of the children in
 1050  attaining the performance standards adopted by the Agency for
 1051  Workforce Innovation under subparagraph (4)(d)8.
 1052         c. Ensure that the coalition has solicited and considered
 1053  comments regarding the proposed school readiness plan from the
 1054  local community.
 1055  
 1056  Before implementing the school readiness program, the early
 1057  learning coalition must submit the plan to the Agency for
 1058  Workforce Innovation for approval. The Agency for Workforce
 1059  Innovation may approve the plan, reject the plan, or approve the
 1060  plan with conditions. The Agency for Workforce Innovation shall
 1061  review school readiness plans at least every 2 years annually.
 1062         3. If the Agency for Workforce Innovation determines during
 1063  the annual review of school readiness plans, or through
 1064  monitoring and performance evaluations conducted under paragraph
 1065  (4)(l), that an early learning coalition has not substantially
 1066  implemented its plan, has not substantially met the performance
 1067  standards and outcome measures adopted by the agency, or has not
 1068  effectively administered the school readiness program or
 1069  Voluntary Prekindergarten Education Program, the Agency for
 1070  Workforce Innovation may dissolve the coalition and temporarily
 1071  contract with a qualified entity to continue school readiness
 1072  and prekindergarten services in the coalition’s county or
 1073  multicounty region until the agency reestablishes the coalition
 1074  and a new the coalition is reestablished through resubmission of
 1075  a school readiness plan is approved in accordance with the rules
 1076  adopted and approval by the agency.
 1077         4. The Agency for Workforce Innovation shall adopt rules
 1078  establishing criteria for the approval of school readiness
 1079  plans. The criteria must be consistent with the system support
 1080  services, performance standards, and outcome measures adopted by
 1081  the agency and must require each approved plan to include the
 1082  following minimum standards and provisions for the school
 1083  readiness program:
 1084         a. A community plan that addresses the needs of all
 1085  children and providers within the coalition’s county or
 1086  multicounty region.
 1087         b.a. A sliding fee scale establishing a copayment for
 1088  parents based upon their ability to pay, which is the same for
 1089  all program providers, to be implemented and reflected in each
 1090  program’s budget.
 1091         c.b. A choice of settings and locations in licensed,
 1092  registered, religious-exempt, or school-based programs to be
 1093  provided to parents.
 1094         c. Instructional staff who have completed the training
 1095  course as required in s. 402.305(2)(d)1., as well as staff who
 1096  have additional training or credentials as required by the
 1097  Agency for Workforce Innovation. The plan must provide a method
 1098  for assuring the qualifications of all personnel in all program
 1099  settings.
 1100         d. Specific eligibility priorities for children within the
 1101  early learning coalition’s county or multicounty region in
 1102  accordance with subsection (6).
 1103         e. Performance standards and outcome measures adopted by
 1104  the Agency for Workforce Innovation.
 1105         f. Payment rates adopted by the early learning coalitions
 1106  coalition and approved by the Agency for Workforce Innovation.
 1107  Payment rates may not have the effect of limiting parental
 1108  choice or creating standards or levels of services that have not
 1109  been expressly established authorized by the Legislature, unless
 1110  the creation of such standards or levels of service is a
 1111  precondition for the state’s eligibility to receive federal
 1112  funds available for early learning programs.
 1113         g. Systems support services, including a central agency,
 1114  child care resource and referral, eligibility determinations,
 1115  training of providers, and parent support and involvement.
 1116         g.h. Direct enhancement services for to families and
 1117  children. System support and direct enhancement services shall
 1118  be in addition to payments for the placement of children in
 1119  school readiness programs. Direct enhancement services for
 1120  families may include parent training and involvement activities
 1121  and strategies to meet the needs of unique populations and local
 1122  eligibility priorities. Enhancement services for children may
 1123  include provider supports and professional development approved
 1124  in the plan by the Agency for Workforce Innovation.
 1125         h.i. The business organization of the early learning
 1126  coalition, which must include the coalition’s articles of
 1127  incorporation and bylaws if the coalition is organized as a
 1128  corporation. If the coalition is not organized as a corporation
 1129  or other business entity, the plan must include the contract
 1130  with a fiscal agent. An early learning coalition may contract
 1131  with other coalitions to achieve efficiency in multicounty
 1132  services, and these contracts may be part of the coalition’s
 1133  school readiness plan.
 1134         i. The implementation of locally developed quality programs
 1135  in accordance with the requirements adopted by the agency under
 1136  subparagraph (4)(d)5.
 1137         j. Strategies to meet the needs of unique populations, such
 1138  as migrant workers.
 1139  
 1140  As part of the school readiness plan, The Agency for Workforce
 1141  Innovation early learning coalition may request the Governor to
 1142  apply for a waiver to allow the coalition to administer the Head
 1143  Start Program to accomplish the purposes of the school readiness
 1144  program. If a school readiness plan demonstrates that specific
 1145  statutory goals can be achieved more effectively by using
 1146  procedures that require modification of existing rules,
 1147  policies, or procedures, a request for a waiver to the Agency
 1148  for Workforce Innovation may be submitted as part of the plan.
 1149  Upon review, the Agency for Workforce Innovation may grant the
 1150  proposed modification.
 1151         5. Persons with an early childhood teaching certificate may
 1152  provide support and supervision to other staff in the school
 1153  readiness program.
 1154         6. An early learning coalition may not implement its school
 1155  readiness plan until it submits the plan to and receives
 1156  approval from the Agency for Workforce Innovation. Once the plan
 1157  is approved, the plan and the services provided under the plan
 1158  shall be controlled by the early learning coalition. The plan
 1159  shall be reviewed and revised as necessary, but at least
 1160  biennially. An early learning coalition may not implement the
 1161  revisions until the coalition submits the revised plan to and
 1162  receives approval from the Agency for Workforce Innovation. If
 1163  the Agency for Workforce Innovation rejects a revised plan, the
 1164  coalition must continue to operate under its prior approved
 1165  plan.
 1166         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 1167  apply to an early learning coalition with an approved school
 1168  readiness programs plan. The Agency for Workforce Innovation To
 1169  facilitate innovative practices and to allow the regional
 1170  establishment of school readiness programs, an early learning
 1171  coalition may apply to the Governor and Cabinet for a waiver of,
 1172  and the Governor and Cabinet may waive, any of the provisions of
 1173  ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
 1174  for implementation of the coalition’s school readiness programs
 1175  plan.
 1176         8. Two or more early learning coalitions counties may join
 1177  for purposes of planning and implementing a school readiness
 1178  program.
 1179         9. An early learning coalition may, subject to approval by
 1180  The Agency for Workforce Innovation as part of the coalition’s
 1181  school readiness plan, receive subsidized child care funds for
 1182  all children eligible for any federal subsidized child care
 1183  program.
 1184         10. An early learning coalition may enter into multiparty
 1185  contracts with multicounty service providers in order to meet
 1186  the needs of unique populations such as migrant workers.
 1187         (e) Requests for proposals; payment schedule.—
 1188         1. Each early learning coalition must comply with the
 1189  procurement and expenditure procedures adopted by the Agency for
 1190  Workforce Innovation, including, but not limited to, applying
 1191  the procurement and expenditure procedures required by federal
 1192  law for the expenditure of federal funds s. 287.057 for the
 1193  procurement of commodities or contractual services from the
 1194  funds described in paragraph (9)(d). The period of a contract
 1195  for purchase of these commodities or contractual services,
 1196  together with any renewal of the original contract, may not
 1197  exceed 3 years.
 1198         2. Each early learning coalition shall adopt a payment
 1199  schedule that encompasses all programs funded by the coalition
 1200  under this section. The payment schedule must take into
 1201  consideration the prevailing relevant market rate, must include
 1202  the projected number of children to be served, and must be
 1203  submitted for approval by the Agency for Workforce Innovation.
 1204  Informal child care arrangements shall be reimbursed at not more
 1205  than 50 percent of the rate adopted developed for a family day
 1206  care home.
 1207         (f) Requirements relating to fiscal agents.—If an early
 1208  learning coalition is not legally organized as a corporation or
 1209  other business entity, the coalition must designate a fiscal
 1210  agent, which may be a public entity, a private nonprofit
 1211  organization, or a certified public accountant who holds a
 1212  license under chapter 473. The fiscal agent must provide
 1213  financial and administrative services under a contract with the
 1214  early learning coalition. The fiscal agent may not provide
 1215  direct early childhood education or child care services;
 1216  however, a fiscal agent may provide those services upon written
 1217  request of the early learning coalition to the Agency for
 1218  Workforce Innovation and upon the approval of the request by the
 1219  agency. The cost of the financial and administrative services
 1220  shall be negotiated between the fiscal agent and the early
 1221  learning coalition. If the fiscal agent is a provider of early
 1222  childhood education and child care programs, the contract must
 1223  specify that the fiscal agent shall act on policy direction from
 1224  the early learning coalition and must not receive policy
 1225  direction from its own corporate board regarding disbursal of
 1226  the coalition’s funds. The fiscal agent shall disburse funds in
 1227  accordance with the early learning coalition’s approved school
 1228  readiness plan and based on billing and disbursement procedures
 1229  approved by the Agency for Workforce Innovation. The fiscal
 1230  agent must conform to all data-reporting requirements
 1231  established by the Agency for Workforce Innovation.
 1232         (f)(g)Evaluation and annual report.—Each early learning
 1233  coalition shall conduct an evaluation of its implementation the
 1234  effectiveness of the school readiness program, including system
 1235  support services, performance standards, and outcome measures,
 1236  and shall provide an annual report and fiscal statement to the
 1237  Agency for Workforce Innovation. This report must also include
 1238  an evaluation of the effectiveness of its direct enhancement
 1239  services and conform to the content and format specifications
 1240  adopted set by the Agency for Workforce Innovation. The Agency
 1241  for Workforce Innovation must include an analysis of the early
 1242  learning coalitions’ reports in the agency’s annual report.
 1243         (6) PROGRAM ELIGIBILITY.—The Each early learning
 1244  coalition’s school readiness program is shall be established for
 1245  children from birth to the beginning of the school year for
 1246  which a child is eligible for admission to kindergarten in a
 1247  public school under s. 1003.21(1)(a)2. or who are eligible for
 1248  any federal subsidized child care program. Each early learning
 1249  coalition shall give priority for participation in the school
 1250  readiness program as follows:
 1251         (a) Priority shall be given first to a child from a family
 1252  in which there is an adult receiving temporary cash assistance
 1253  who is subject to federal work requirements.
 1254         (b) Priority shall be given next to a child who is eligible
 1255  for a school readiness program but who has not yet entered
 1256  children age 3 years to school, entry who is are served by the
 1257  Family Safety Program Office of the Department of Children and
 1258  Family Services or a community-based lead agency under chapter
 1259  39 or chapter 409, and for whom child care is needed to minimize
 1260  risk of further abuse, neglect, or abandonment.
 1261         (c) Subsequent priority shall be given to a child Other
 1262  eligible populations include children who meets meet one or more
 1263  of the following criteria:
 1264         1.(a)A child who is younger than Children under the age of
 1265  kindergarten eligibility and who are:
 1266         1. Children determined to be at risk of abuse, neglect, or
 1267  exploitation who are currently clients of the Family Safety
 1268  Program Office of the Department of Children and Family
 1269  Services, but who are not otherwise given priority under this
 1270  subsection.
 1271         a.2.Is Children at risk of welfare dependency, including
 1272  an economically disadvantaged child children, a child children
 1273  of a participant participants in the welfare transition program,
 1274  a child of a migratory agricultural worker children of migrant
 1275  farmworkers, or a child and children of a teen parent parents.
 1276         b.3.Is a member Children of a working family that is
 1277  economically disadvantaged families whose family income does not
 1278  exceed 150 percent of the federal poverty level.
 1279         c.4. Children For whom financial assistance is provided
 1280  through the state is paying a Relative Caregiver Program payment
 1281  under s. 39.5085.
 1282         2.(b)A 3-year-old child or Three-year-old children and 4
 1283  year-old child children who may not be economically
 1284  disadvantaged but who has a disability; has have disabilities,
 1285  have been served in a specific part-time exceptional education
 1286  program or a combination of part-time exceptional education
 1287  programs with required special services, aids, or equipment;,
 1288  and was were previously reported for funding part time under
 1289  with the Florida Education Finance Program as an exceptional
 1290  student students.
 1291         3.(c)An economically disadvantaged child children, a child
 1292  children with a disability disabilities, or a child and children
 1293  at risk of future school failure, from birth to 4 years of age,
 1294  who is are served at home through a home visitor program
 1295  programs and an intensive parent education program programs.
 1296         4.(d)A child Children who meets meet federal and state
 1297  eligibility requirements for the migrant preschool program but
 1298  who is do not meet the criteria of economically disadvantaged.
 1299  
 1300  As used in this paragraph subsection, the term “economically
 1301  disadvantaged” child means having a child whose family income
 1302  that does not exceed 150 percent of the federal poverty level.
 1303  Notwithstanding any change in a family’s economic status, but
 1304  subject to additional family contributions in accordance with
 1305  the sliding fee scale, a child who meets the eligibility
 1306  requirements upon initial registration for the program remains
 1307  eligible until the beginning of the school year for which the
 1308  child is eligible for admission to kindergarten in a public
 1309  school under s. 1003.21(1)(a)2.
 1310         (7) PARENTAL CHOICE.—
 1311         (a) Parental choice of child care providers shall be
 1312  established, to the maximum extent practicable, in accordance
 1313  with 45 C.F.R. s. 98.30.
 1314         (b) As used in this subsection, the term “payment
 1315  certificate” means a child care certificate as defined in 45
 1316  C.F.R. s. 98.2.
 1317         (c) The school readiness program shall, in accordance with
 1318  45 C.F.R. s. 98.30, provide parental choice through a payment
 1319  certificate purchase service order that ensures, to the maximum
 1320  extent possible, flexibility in the school readiness program
 1321  programs and payment arrangements. According to federal
 1322  regulations requiring parental choice, a parent may choose an
 1323  informal child care arrangement. The payment certificate
 1324  purchase order must bear the names name of the beneficiary and
 1325  the program provider and, when redeemed, must bear the
 1326  signatures signature of both the beneficiary and an authorized
 1327  representative of the provider.
 1328         (d)(b) If it is determined that a provider has given
 1329  provided any cash to the beneficiary in return for receiving a
 1330  payment certificate the purchase order, the early learning
 1331  coalition or its fiscal agent shall refer the matter to the
 1332  Division of Public Assistance Fraud for investigation.
 1333         (e)(c) The office of the Chief Financial Officer shall
 1334  establish an electronic transfer system for the disbursement of
 1335  funds in accordance with this subsection. Each early learning
 1336  coalition shall fully implement the electronic funds transfer
 1337  system within 2 years after approval of the coalition’s school
 1338  readiness plan, unless a waiver is obtained from the Agency for
 1339  Workforce Innovation.
 1340         (8) STANDARDS; OUTCOME MEASURES.—A program provider
 1341  participating in the All school readiness program programs must
 1342  meet the performance standards and outcome measures adopted by
 1343  the Agency for Workforce Innovation.
 1344         (9) FUNDING; SCHOOL READINESS PROGRAM.—
 1345         (a) It is the intent of this section to establish an
 1346  integrated and quality seamless service delivery system for all
 1347  publicly funded early childhood education and child care
 1348  programs operating in this state.
 1349         (b)1. The Agency for Workforce Innovation shall administer
 1350  school readiness funds, plans, and policies and shall prepare
 1351  and submit a unified budget request for the school readiness
 1352  system in accordance with chapter 216.
 1353         2. All instructions to early learning coalitions for
 1354  administering this section shall emanate from the Agency for
 1355  Workforce Innovation in accordance with the policies of the
 1356  Legislature.
 1357         (c) The Agency for Workforce Innovation, subject to
 1358  legislative notice and review under s. 216.177, shall establish
 1359  recommend a formula for the allocation among the early learning
 1360  coalitions of all state and federal school readiness funds
 1361  provided for children participating in the public or private
 1362  school readiness program, whether served by a public or private
 1363  provider, programs based upon equity for each county and
 1364  performance. The allocation formula must be submitted to the
 1365  Governor, the chair of the Senate Ways and Means Committee or
 1366  its successor, and the chair of the House of Representatives
 1367  Fiscal Council or its successor no later than January 1 of each
 1368  year. If the Legislature specifies shall specify in the annual
 1369  General Appropriations Act any changes to from the allocation
 1370  formula, methodology for the prior fiscal year which must be
 1371  used by the Agency for Workforce Innovation shall allocate funds
 1372  as specified in allocating the appropriations provided in the
 1373  General Appropriations Act.
 1374         (d) All state, federal, and required local maintenance-of
 1375  effort, or matching funds provided to an early learning
 1376  coalition for purposes of this section shall be used by the
 1377  coalition for implementation of its approved school readiness
 1378  plan, including the hiring of staff to effectively operate the
 1379  coalition’s school readiness program. As part of plan approval
 1380  and periodic plan review, The Agency for Workforce Innovation
 1381  shall require that administrative costs be kept to the minimum
 1382  necessary for efficient and effective administration of the
 1383  school readiness plan, but total administrative expenditures
 1384  must not exceed 5 percent unless specifically waived by the
 1385  Agency for Workforce Innovation. The Agency for Workforce
 1386  Innovation shall annually report to the Legislature any problems
 1387  relating to administrative costs.
 1388         (e) The Agency for Workforce Innovation shall annually
 1389  distribute, to a maximum extent practicable, all eligible funds
 1390  provided under this section as block grants to the early
 1391  learning coalitions in accordance with the terms and conditions
 1392  specified by the agency.
 1393         (f) State funds appropriated for the school readiness
 1394  program may not be used for the construction of new facilities
 1395  or the purchase of buses. The Agency for Workforce Innovation
 1396  shall present to the Legislature recommendations for providing
 1397  necessary transportation services for school readiness programs.
 1398         (g) All cost savings and all revenues received through a
 1399  mandatory sliding fee scale shall be used to help fund each
 1400  early learning coalition’s school readiness program.
 1401         (10) CONFLICTING PROVISIONS.—If In the event of a conflict
 1402  exists between this section and federal requirements, the
 1403  federal requirements shall control.
 1404         (11) PLACEMENTS.—Notwithstanding any other provision of
 1405  this section to the contrary, the first children to be placed in
 1406  the school readiness program shall be those from families
 1407  receiving temporary cash assistance and subject to federal work
 1408  requirements. Subsequent placements shall be made in accordance
 1409  with subsection (6).
 1410         Section 18. Section 411.0101, Florida Statutes, is amended
 1411  to read:
 1412         411.0101 Child care and early childhood resource and
 1413  referral.—
 1414         (1) As a part of the school readiness programs, the Agency
 1415  for Workforce Innovation shall establish a statewide child care
 1416  resource and referral network that is unbiased and provides
 1417  referrals to families for child care. Preference shall be given
 1418  to using the already established early learning coalitions as
 1419  the child care resource and referral agencies agency. If an
 1420  early learning coalition cannot comply with the requirements to
 1421  offer the resource information component or does not want to
 1422  offer that service, the early learning coalition shall select
 1423  the resource and referral information agency for its county or
 1424  multicounty region based upon a request for proposal pursuant to
 1425  s. 411.01(5)(e)1.
 1426         (2) At least one child care resource and referral agency
 1427  must be established in each early learning coalition’s county or
 1428  multicounty region. The Agency for Workforce Innovation shall
 1429  adopt rules regarding accessibility of child care resource and
 1430  referral services offered through child care resource and
 1431  referral agencies in each county or multicounty region which
 1432  include, at a minimum, required hours of operation, methods by
 1433  which parents may request services, and child care resource and
 1434  referral staff training requirements.
 1435         (3) Child care resource and referral agencies shall provide
 1436  the following services:
 1437         (a)(1) Identification of existing public and private child
 1438  care and early childhood education services, including child
 1439  care services by public and private employers, and the
 1440  development of a resource file of those services through the
 1441  single statewide information system developed by the Agency for
 1442  Workforce Innovation under s. 411.01(5)(c)1.e. These services
 1443  may include family day care, public and private child care
 1444  programs, the Voluntary Prekindergarten Education Program, Head
 1445  Start, the school readiness program prekindergarten early
 1446  intervention programs, special education programs for
 1447  prekindergarten handicapped children with disabilities, services
 1448  for children with developmental disabilities, full-time and
 1449  part-time programs, before-school and after-school programs,
 1450  vacation care programs, parent education, the WAGES Program, and
 1451  related family support services. The resource file shall
 1452  include, but not be limited to:
 1453         1.(a) Type of program.
 1454         2.(b) Hours of service.
 1455         3.(c) Ages of children served.
 1456         4.(d) Number of children served.
 1457         5.(e) Significant program information.
 1458         6.(f) Fees and eligibility for services.
 1459         7.(g) Availability of transportation.
 1460         (b)(2) The establishment of a referral process that which
 1461  responds to parental need for information and that which is
 1462  provided with full recognition of the confidentiality rights of
 1463  parents. The resource and referral network programs shall make
 1464  referrals to legally operating licensed child care facilities.
 1465  Referrals may not shall be made to a an unlicensed child care
 1466  facility that is operating illegally or arrangement only if
 1467  there is no requirement that the facility or arrangement be
 1468  licensed.
 1469         (c)(3) Maintenance of ongoing documentation of requests for
 1470  service tabulated through the internal referral process through
 1471  the single statewide information system. The following
 1472  documentation of requests for service shall be maintained by the
 1473  all child care resource and referral network agencies:
 1474         1.(a) Number of calls and contacts to the child care
 1475  resource information and referral network agency component by
 1476  type of service requested.
 1477         2.(b) Ages of children for whom service was requested.
 1478         3.(c) Time category of child care requests for each child.
 1479         4.(d) Special time category, such as nights, weekends, and
 1480  swing shift.
 1481         5.(e) Reason that the child care is needed.
 1482         6.(f) Name of the employer and primary focus of the
 1483  business.
 1484         (d)(4) Provision of technical assistance to existing and
 1485  potential providers of child care services. This assistance may
 1486  include:
 1487         1.(a) Information on initiating new child care services,
 1488  zoning, and program and budget development and assistance in
 1489  finding such information from other sources.
 1490         2.(b) Information and resources which help existing child
 1491  care services providers to maximize their ability to serve
 1492  children and parents in their community.
 1493         3.(c) Information and incentives that may which could help
 1494  existing or planned child care services offered by public or
 1495  private employers seeking to maximize their ability to serve the
 1496  children of their working parent employees in their community,
 1497  through contractual or other funding arrangements with
 1498  businesses.
 1499         (e)(5) Assistance to families and employers in applying for
 1500  various sources of subsidy including, but not limited to, the
 1501  Voluntary Prekindergarten Education Program, the school
 1502  readiness program subsidized child care, Head Start,
 1503  prekindergarten early intervention programs, Project
 1504  Independence, private scholarships, and the federal child and
 1505  dependent care tax credit.
 1506         (6) Assistance to state agencies in determining the market
 1507  rate for child care.
 1508         (f)(7) Assistance in negotiating discounts or other special
 1509  arrangements with child care providers.
 1510         (8) Information and assistance to local interagency
 1511  councils coordinating services for prekindergarten handicapped
 1512  children.
 1513         (g)(9) Assistance to families in identifying summer
 1514  recreation camp and summer day camp programs, and in evaluating
 1515  the health and safety qualities of summer recreation camp and
 1516  summer day camp programs, and in evaluating the health and
 1517  safety qualities of summer camp programs. Contingent upon
 1518  specific appropriation, a checklist of important health and
 1519  safety qualities that parents can use to choose their summer
 1520  camp programs shall be developed and distributed in a manner
 1521  that will reach parents interested in such programs for their
 1522  children.
 1523         (h)(10) A child care facility licensed under s. 402.305 and
 1524  licensed and registered family day care homes must provide the
 1525  statewide child care and resource and referral network agencies
 1526  with the following information annually:
 1527         1.(a) Type of program.
 1528         2.(b) Hours of service.
 1529         3.(c) Ages of children served.
 1530         4.(d) Fees and eligibility for services.
 1531         (4)(11) The Agency for Workforce Innovation shall adopt any
 1532  rules necessary for the implementation and administration of
 1533  this section.
 1534         Section 19. Subsection (3), paragraph (b) of subsection
 1535  (4), and paragraphs (c) and (d) of subsection (5) of section
 1536  411.0102, Florida Statutes, are amended to read:
 1537         411.0102 Child Care Executive Partnership Act; findings and
 1538  intent; grant; limitation; rules.—
 1539         (3) There is created a body politic and corporate known as
 1540  the Child Care Executive Partnership which shall establish and
 1541  govern the Child Care Executive Partnership Program. The purpose
 1542  of the Child Care Executive Partnership Program is to utilize
 1543  state and federal funds as incentives for matching local funds
 1544  derived from local governments, employers, charitable
 1545  foundations, and other sources, so that Florida communities may
 1546  create local flexible partnerships with employers. The Child
 1547  Care Executive Partnership Program funds shall be used at the
 1548  discretion of local communities to meet the needs of working
 1549  parents. A child care purchasing pool shall be developed with
 1550  the state, federal, and local funds to provide subsidies to low
 1551  income working parents whose family income does not exceed the
 1552  allowable income for any federally subsidized child care program
 1553  who are eligible for subsidized child care with a dollar-for
 1554  dollar match from employers, local government, and other
 1555  matching contributions. The funds used from the child care
 1556  purchasing pool must be used to supplement or extend the use of
 1557  existing public or private funds.
 1558         (4) The Child Care Executive Partnership, staffed by the
 1559  Agency for Workforce Innovation, shall consist of a
 1560  representative of the Executive Office of the Governor and nine
 1561  members of the corporate or child care community, appointed by
 1562  the Governor.
 1563         (b) The Child Care Executive Partnership shall be chaired
 1564  by a member chosen by a majority vote and shall meet at least
 1565  quarterly and at other times upon the call of the chair. The
 1566  Child Care Executive Partnership may use any method of
 1567  telecommunications to conduct meetings, including establishing a
 1568  quorum through telecommunications, only if the public is given
 1569  proper notice of a telecommunications meeting and reasonable
 1570  access to observe and, when appropriate, participate.
 1571         (5)
 1572         (c) The Agency for Workforce Innovation, in conjunction
 1573  with the Child Care Executive Partnership, shall develop
 1574  procedures for disbursement of funds through the child care
 1575  purchasing pools. In order to be considered for funding, an
 1576  early learning coalition or the Agency for Workforce Innovation
 1577  must commit to:
 1578         1. Matching the state purchasing pool funds on a dollar
 1579  for-dollar basis; and
 1580         2. Expending only those public funds which are matched by
 1581  employers, local government, and other matching contributors who
 1582  contribute to the purchasing pool. Parents shall also pay a fee,
 1583  which may not shall be not less than the amount identified in
 1584  the early learning coalition’s school readiness program
 1585  subsidized child care sliding fee scale.
 1586         (d) Each early learning coalition board shall be required
 1587  to establish a community child care task force for each child
 1588  care purchasing pool. The task force must be composed of
 1589  employers, parents, private child care providers, and one
 1590  representative from the local children’s services council, if
 1591  one exists in the area of the purchasing pool. The early
 1592  learning coalition is expected to recruit the task force members
 1593  from existing child care councils, commissions, or task forces
 1594  already operating in the area of a purchasing pool. A majority
 1595  of the task force shall consist of employers. Each task force
 1596  shall develop a plan for the use of child care purchasing pool
 1597  funds. The plan must show how many children will be served by
 1598  the purchasing pool, how many will be new to receiving child
 1599  care services, and how the early learning coalition intends to
 1600  attract new employers and their employees to the program.
 1601         Section 20. Paragraph (b) of subsection (8) of section
 1602  411.203, Florida Statutes, is amended to read:
 1603         411.203 Continuum of comprehensive services.—The Department
 1604  of Education and the Department of Health and Rehabilitative
 1605  Services shall utilize the continuum of prevention and early
 1606  assistance services for high-risk pregnant women and for high
 1607  risk and handicapped children and their families, as outlined in
 1608  this section, as a basis for the intraagency and interagency
 1609  program coordination, monitoring, and analysis required in this
 1610  chapter. The continuum shall be the guide for the comprehensive
 1611  statewide approach for services for high-risk pregnant women and
 1612  for high-risk and handicapped children and their families, and
 1613  may be expanded or reduced as necessary for the enhancement of
 1614  those services. Expansion or reduction of the continuum shall be
 1615  determined by intraagency or interagency findings and agreement,
 1616  whichever is applicable. Implementation of the continuum shall
 1617  be based upon applicable eligibility criteria, availability of
 1618  resources, and interagency prioritization when programs impact
 1619  both agencies, or upon single agency prioritization when
 1620  programs impact only one agency. The continuum shall include,
 1621  but not be limited to:
 1622         (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
 1623  OF HIGH-RISK CHILDREN.—
 1624         (b) Child care and early childhood programs, including, but
 1625  not limited to, subsidized child care, licensed nonsubsidized
 1626  child care facilities, family day care homes, therapeutic child
 1627  care, Head Start, and preschool programs in public and private
 1628  schools.
 1629         Section 21. Subsection (2) of section 411.221, Florida
 1630  Statutes, is amended to read:
 1631         411.221 Prevention and early assistance strategic plan;
 1632  agency responsibilities.—
 1633         (2) The strategic plan and subsequent plan revisions shall
 1634  incorporate and otherwise utilize, to the fullest extent
 1635  possible, the evaluation findings and recommendations from
 1636  intraagency, independent third-party, field projects, and
 1637  reports issued by the Auditor General or the Office of Program
 1638  Policy Analysis and Government Accountability, as well as the
 1639  recommendations of the Agency for Workforce Innovation State
 1640  Coordinating Council for School Readiness Programs.
 1641         Section 22. Paragraph (c) of subsection (4) of section
 1642  445.024, Florida Statutes, is amended to read:
 1643         445.024 Work requirements.—
 1644         (4) PRIORITIZATION OF WORK REQUIREMENTS.—Regional workforce
 1645  boards shall require participation in work activities to the
 1646  maximum extent possible, subject to federal and state funding.
 1647  If funds are projected to be insufficient to allow full-time
 1648  work activities by all program participants who are required to
 1649  participate in work activities, regional workforce boards shall
 1650  screen participants and assign priority based on the following:
 1651         (c) A participant who has access to subsidized or
 1652  unsubsidized child care services may be assigned priority for
 1653  work activities.
 1654  
 1655  Regional workforce boards may limit a participant’s weekly work
 1656  requirement to the minimum required to meet federal work
 1657  activity requirements. Regional workforce boards may develop
 1658  screening and prioritization procedures based on the allocation
 1659  of resources, the availability of community resources, the
 1660  provision of supportive services, or the work activity needs of
 1661  the service area.
 1662         Section 23. Subsection (2) of section 445.030, Florida
 1663  Statutes, is amended to read:
 1664         445.030 Transitional education and training.—In order to
 1665  assist former recipients of temporary cash assistance who are
 1666  working or actively seeking employment in continuing their
 1667  training and upgrading their skills, education, or training,
 1668  support services may be provided for up to 2 years after the
 1669  family is no longer receiving temporary cash assistance. This
 1670  section does not constitute an entitlement to transitional
 1671  education and training. If funds are not sufficient to provide
 1672  services under this section, the board of directors of Workforce
 1673  Florida, Inc., may limit or otherwise prioritize transitional
 1674  education and training.
 1675         (2) Regional workforce boards may authorize child care or
 1676  other support services in addition to services provided in
 1677  conjunction with employment. For example, a participant who is
 1678  employed full time may receive subsidized child care services
 1679  related to that employment and may also receive additional
 1680  subsidized child care services in conjunction with training to
 1681  upgrade the participant’s skills.
 1682         Section 24. Paragraph (a) of subsection (2) of section
 1683  490.014, Florida Statutes, is amended to read:
 1684         490.014 Exemptions.—
 1685         (2) No person shall be required to be licensed or
 1686  provisionally licensed under this chapter who:
 1687         (a) Is a salaried employee of a government agency; a
 1688  developmental disability facility or program; a, mental health,
 1689  alcohol, or drug abuse facility operating under chapter 393,
 1690  chapter 394, or chapter 397; the statewide subsidized child care
 1691  program, subsidized child care case management program, or child
 1692  care resource and referral network program operating under s.
 1693  411.0101 pursuant to chapter 402; a child-placing or child
 1694  caring agency licensed pursuant to chapter 409; a domestic
 1695  violence center certified pursuant to chapter 39; an accredited
 1696  academic institution; or a research institution, if such
 1697  employee is performing duties for which he or she was trained
 1698  and hired solely within the confines of such agency, facility,
 1699  or institution, so long as the employee is not held out to the
 1700  public as a psychologist pursuant to s. 490.012(1)(a).
 1701         Section 25. Paragraph (a) of subsection (4) of section
 1702  491.014, Florida Statutes, is amended to read:
 1703         491.014 Exemptions.—
 1704         (4) No person shall be required to be licensed,
 1705  provisionally licensed, registered, or certified under this
 1706  chapter who:
 1707         (a) Is a salaried employee of a government agency; a
 1708  developmental disability facility or program; a, mental health,
 1709  alcohol, or drug abuse facility operating under chapter 393,
 1710  chapter 394, or chapter 397; the statewide subsidized child care
 1711  program, subsidized child care case management program, or child
 1712  care resource and referral network program operating under s.
 1713  411.0101 pursuant to chapter 402; a child-placing or child
 1714  caring agency licensed pursuant to chapter 409; a domestic
 1715  violence center certified pursuant to chapter 39; an accredited
 1716  academic institution; or a research institution, if such
 1717  employee is performing duties for which he or she was trained
 1718  and hired solely within the confines of such agency, facility,
 1719  or institution, so long as the employee is not held out to the
 1720  public as a clinical social worker, mental health counselor, or
 1721  marriage and family therapist.
 1722         Section 26. Subsection (5) of section 1002.53, Florida
 1723  Statutes, is amended to read:
 1724         1002.53 Voluntary Prekindergarten Education Program;
 1725  eligibility and enrollment.—
 1726         (5) The early learning coalition shall provide each parent
 1727  enrolling a child in the Voluntary Prekindergarten Education
 1728  Program with a profile of every private prekindergarten provider
 1729  and public school delivering the program within the coalition’s
 1730  county where the child is being enrolled or multicounty region.
 1731  The profiles shall be provided to parents in a format prescribed
 1732  by the Agency for Workforce Innovation. The profiles must
 1733  include, at a minimum, the following information about each
 1734  provider and school:
 1735         (a) The provider’s or school’s services, curriculum,
 1736  instructor credentials, and instructor-to-student ratio; and
 1737         (b) The provider’s or school’s kindergarten readiness rate
 1738  calculated in accordance with s. 1002.69, based upon the most
 1739  recent available results of the statewide kindergarten
 1740  screening.
 1741         Section 27. Paragraph (b) of subsection (3) of section
 1742  1002.55, Florida Statutes, is amended, and subsection (5) is
 1743  added to that section, to read:
 1744         1002.55 School-year prekindergarten program delivered by
 1745  private prekindergarten providers.—
 1746         (3) To be eligible to deliver the prekindergarten program,
 1747  a private prekindergarten provider must meet each of the
 1748  following requirements:
 1749         (b) The private prekindergarten provider must:
 1750         1. Be accredited by an accrediting association that is a
 1751  member of the National Council for Private School Accreditation,
 1752  Advance Education, Inc. (AdvancED) the Commission on
 1753  International and Trans-Regional Accreditation, or the Florida
 1754  Association of Academic Nonpublic Schools and have written
 1755  accreditation standards that meet or exceed the state’s
 1756  licensing requirements under s. 402.305, s. 402.313, or s.
 1757  402.3131 and require at least one onsite visit to the provider
 1758  or school before accreditation is granted;
 1759         2. Hold a current Gold Seal Quality Care designation under
 1760  s. 402.281; or
 1761         3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
 1762  and demonstrate, before delivering the Voluntary Prekindergarten
 1763  Education Program, as verified by the early learning coalition,
 1764  that the provider meets each of the requirements of the program
 1765  under this part, including, but not limited to, the requirements
 1766  for credentials and background screenings of prekindergarten
 1767  instructors under paragraphs (c) and (d), minimum and maximum
 1768  class sizes under paragraph (f), prekindergarten director
 1769  credentials under paragraph (g), and a developmentally
 1770  appropriate curriculum under s. 1002.67(2)(b).
 1771         (5) Notwithstanding paragraph (3)(b), a private
 1772  prekindergarten provider may not participate in the Voluntary
 1773  Prekindergarten Education Program if the provider has child
 1774  disciplinary policies that do not prohibit children from being
 1775  subjected to discipline that is severe, humiliating,
 1776  frightening, or associated with food, rest, toileting, spanking,
 1777  or any other form of physical punishment as provided in s.
 1778  402.305(12).
 1779         Section 28. Paragraph (c) of subsection (3) of section
 1780  1002.67, Florida Statutes, is amended to read:
 1781         1002.67 Performance standards; curricula and
 1782  accountability.—
 1783         (3)
 1784         (c)1. If the kindergarten readiness rate of a private
 1785  prekindergarten provider or public school falls below the
 1786  minimum rate adopted by the State Board of Education as
 1787  satisfactory under s. 1002.69(6), the early learning coalition
 1788  or school district, as applicable, shall require the provider or
 1789  school to submit an improvement plan for approval by the
 1790  coalition or school district, as applicable, and to implement
 1791  the plan.
 1792         2. If a private prekindergarten provider or public school
 1793  fails to meet the minimum rate adopted by the State Board of
 1794  Education as satisfactory under s. 1002.69(6) for 2 consecutive
 1795  years, the early learning coalition or school district, as
 1796  applicable, shall place the provider or school on probation and
 1797  must require the provider or school to take certain corrective
 1798  actions, including the use of a curriculum approved by the
 1799  department under paragraph (2)(c).
 1800         3. A private prekindergarten provider or public school that
 1801  is placed on probation must continue the corrective actions
 1802  required under subparagraph 2., including the use of a
 1803  curriculum approved by the department, until the provider or
 1804  school meets the minimum rate adopted by the State Board of
 1805  Education as satisfactory under s. 1002.69(6).
 1806         4. If a private prekindergarten provider or public school
 1807  remains on probation for 2 consecutive years and fails to meet
 1808  the minimum rate adopted by the State Board of Education as
 1809  satisfactory under s. 1002.69(6), the Agency for Workforce
 1810  Innovation shall require the early learning coalition or the
 1811  Department of Education shall require the school district, as
 1812  applicable, to remove, as applicable, the provider or school
 1813  from eligibility to deliver the Voluntary Prekindergarten
 1814  Education Program and receive state funds for the program.
 1815         Section 29. Paragraph (b) of subsection (6) of section
 1816  1002.71, Florida Statutes, is amended to read:
 1817         1002.71 Funding; financial and attendance reporting.—
 1818         (6)
 1819         (b)1. Each private prekindergarten provider’s and district
 1820  school board’s attendance policy must require the parent of each
 1821  student in the Voluntary Prekindergarten Education Program to
 1822  verify, each month, the student’s attendance on the prior
 1823  month’s certified student attendance.
 1824         2. The parent must submit the verification of the student’s
 1825  attendance to the private prekindergarten provider or public
 1826  school on forms prescribed by the Agency for Workforce
 1827  Innovation. The forms must include, in addition to the
 1828  verification of the student’s attendance, a certification, in
 1829  substantially the following form, that the parent continues to
 1830  choose the private prekindergarten provider or public school in
 1831  accordance with s. 1002.53 and directs that payments for the
 1832  program be made to the provider or school:
 1833  
 1834                VERIFICATION OF STUDENT’S ATTENDANCE               
 1835                AND CERTIFICATION OF PARENTAL CHOICE               
 1836  
 1837         I, ...(Name of Parent)..., swear (or affirm) that my
 1838  child,...(Name of Student)..., attended the Voluntary
 1839  Prekindergarten Education Program on the days listed above and
 1840  certify that I continue to choose ...(Name of Provider or
 1841  School)... to deliver the program for my child and direct that
 1842  program funds be paid to the provider or school for my child.
 1843  
 1844         ......(Signature of Parent)......
 1845         ......(Date)......
 1846  
 1847         3. The private prekindergarten provider or public school
 1848  must keep each original signed form for at least 2 years. Each
 1849  private prekindergarten provider must permit the early learning
 1850  coalition, and each public school must permit the school
 1851  district, to inspect the original signed forms during normal
 1852  business hours. The Agency for Workforce Innovation shall adopt
 1853  procedures for early learning coalitions and school districts to
 1854  review the original signed forms against the certified student
 1855  attendance. The review procedures shall provide for the use of
 1856  selective inspection techniques, including, but not limited to,
 1857  random sampling. Each early learning coalition and the school
 1858  districts district must comply with the review procedures.
 1859         Section 30. Paragraph (b) of subsection (4) of section
 1860  1009.64, Florida Statutes, is amended to read:
 1861         1009.64 Certified Education Paraprofessional Welfare
 1862  Transition Program.—
 1863         (4) The agencies shall complete an implementation plan that
 1864  addresses at least the following recommended components of the
 1865  program:
 1866         (b) A budget for use of incentive funding to provide
 1867  motivation to participants to succeed and excel. The budget for
 1868  incentive funding includes:
 1869         1. Funds allocated by the Legislature directly for the
 1870  program.
 1871         2. Funds that may be made available from the federal
 1872  Workforce Investment Act based on client eligibility or
 1873  requested waivers to make the clients eligible.
 1874         3. Funds made available by implementation strategies that
 1875  would make maximum use of work supplementation funds authorized
 1876  by federal law.
 1877         4. Funds authorized by strategies to lengthen participants’
 1878  eligibility for federal programs such as Medicaid, subsidized
 1879  child care services, and transportation.
 1880  
 1881  Incentives may include a stipend during periods of college
 1882  classroom training, a bonus and recognition for a high grade
 1883  point average, child care and prekindergarten services for
 1884  children of participants, and services to increase a
 1885  participant’s ability to advance to higher levels of employment.
 1886  Nonfinancial incentives should include providing a mentor or
 1887  tutor, and service incentives should continue and increase for
 1888  any participant who plans to complete the baccalaureate degree
 1889  and become a certified teacher. Services may be provided in
 1890  accordance with family choice by community colleges and school
 1891  district career centers, through family service centers and
 1892  full-service schools, or under contract with providers through
 1893  central agencies.
 1894         Section 31. This act shall take effect July 1, 2010.

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