July 23, 2019
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       Florida Senate - 2010                      CS for CS for SB 2014
       
       
       
       By the Committees on Children, Families, and Elder Affairs; and
       Commerce; and Senator Wise
       
       
       
       586-04388-10                                          20102014c2
    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    4         repealed subsidized child care program; amending s.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    6         repealed program with an updated reference to the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   12         obsolete reference to a repealed program; amending s.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   18         reference to a repealed program; deleting obsolete
   19         references relating to the repealed prekindergarten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   23         a repealed program; amending s. 402.281, F.S.;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         providing that child care facilities, large family
   25         child care homes, or family day care homes may apply
   26         to the Department of Children and Family Services to
   27         receive a Gold Seal Quality Care designation; updating
   28         an obsolete reference to a former council; requiring
   29         that the department consult with the Agency for
   30         Workforce Innovation regarding the approval of
   31         accrediting associations for the Gold Seal Quality
   32         Program; requiring that the department provide to
   33         accrediting associations notice of approval to
   34         participate in the program; requiring that each
   35         accrediting association provide notice to the
   36         department of its intent to revise its accreditation
   37         standards or discontinue participation in the program;
   38         transferring and renumbering s. 402.3016, F.S.,
   39         relating to Early Head Start collaboration grants;
   40         transferring, renumbering, and amending s. 402.3018,
   41         F.S.; transferring administration of the statewide
   42         toll-free Warm-Line from the department to the agency;
   43         conforming provisions; transferring, renumbering, and
   44         amending s. 402.3051, F.S.; revising procedures for
   45         child care market rate reimbursement and child care
   46         grants; transferring authority to establish the
   47         procedures from the department to the agency;
   48         directing the agency to adopt a prevailing market rate
   49         schedule for child care services; revising
   50         definitions; authorizing the agency to enter into
   51         contracts and adopt rules; amending s. 402.313, F.S.;
   52         deleting obsolete provisions authorizing the
   53         department to license family day care homes
   54         participating in a repealed program; repealing s.
   55         402.3135, F.S., relating to the subsidized child care
   56         program case management program; transferring,
   57         renumbering, and amending s. 402.3145, F.S.;
   58         transferring administration of certain transportation
   59         services for children at risk of abuse or neglect from
   60         the department to the agency; revising requirements
   61         for the provision of such transportation services;
   62         amending s. 402.315, F.S.; revising provisions
   63         relating to fees collected for child care facilities;
   64         amending s. 402.45, F.S.; updating an obsolete
   65         reference relating to a former council; directing the
   66         Department of Health to consult with the agency
   67         regarding certain training provided for contractors of
   68         the community resource mother or father program;
   69         amending s. 409.1671, F.S.; clarifying that a licensed
   70         foster home may be dually licensed as a family day
   71         care home or large family child care home and receive
   72         certain payments for the same child; deleting an
   73         obsolete reference to a repealed program; amending s.
   74         411.01, F.S.; revising provisions relating to the
   75         School Readiness Act; revising legislative intent;
   76         revising the duties and responsibilities of the Agency
   77         for Workforce Innovation; revising provisions for
   78         school readiness plans; specifying that certain
   79         program providers’ compliance with licensing standards
   80         satisfies certain health screening requirements;
   81         requiring early learning coalitions to maintain
   82         certain direct enhancement services; deleting obsolete
   83         provisions relating to the merger of early learning
   84         coalitions; revising provisions for the membership of
   85         early learning coalitions and the voting privileges of
   86         such members; revising requirements for parental
   87         choice; directing the agency to establish a formula
   88         for allocating school readiness funds to each county;
   89         providing for legislative notice and review of the
   90         formula; amending s. 411.0101, F.S.; revising
   91         requirements for services provided by the statewide
   92         child care resource and referral network; updating
   93         obsolete references to repealed programs; amending s.
   94         411.0102, F.S.; revising provisions relating to the
   95         Child Care Executive Partnership Act; updating
   96         obsolete references to repealed programs; deleting
   97         provisions relating to the duties of each early
   98         coalition board; amending s. 411.203, F.S.; deleting
   99         an obsolete reference to a repealed program;
  100         conforming provisions; amending s. 411.221, F.S.;
  101         updating an obsolete reference to a former council;
  102         amending ss. 445.024, 445.030, 490.014, and 491.014,
  103         F.S.; deleting obsolete references to repealed
  104         programs; conforming provisions to the repeal of the
  105         subsidized child care case management program;
  106         amending ss. 1002.53, 1002.55, 1002.67, and 1002.71,
  107         F.S.; revising provisions relating to the eligibility
  108         requirements for private prekindergarten providers;
  109         conforming provisions to changes made by the act;
  110         amending s. 1009.64, F.S.; deleting an obsolete
  111         reference to a repealed program; providing an
  112         effective date.
  113  
  114  Be It Enacted by the Legislature of the State of Florida:
  115  
  116         Section 1. Subsection (7) of section 39.0121, Florida
  117  Statutes, is amended to read:
  118         39.0121 Specific rulemaking authority.—Pursuant to the
  119  requirements of s. 120.536, the department is specifically
  120  authorized to adopt, amend, and repeal administrative rules
  121  which implement or interpret law or policy, or describe the
  122  procedure and practice requirements necessary to implement this
  123  chapter, including, but not limited to, the following:
  124         (7) Federal funding requirements and procedures; foster
  125  care and adoption subsidies; and subsidized independent living;
  126  and subsidized child care.
  127         Section 2. Paragraph (a) of subsection (2) of section
  128  39.202, Florida Statutes, is amended to read:
  129         39.202 Confidentiality of reports and records in cases of
  130  child abuse or neglect.—
  131         (2) Except as provided in subsection (4), access to such
  132  records, excluding the name of the reporter which shall be
  133  released only as provided in subsection (5), shall be granted
  134  only to the following persons, officials, and agencies:
  135         (a) Employees, authorized agents, or contract providers of
  136  the department, the Department of Health, the Agency for Persons
  137  with Disabilities, or county agencies responsible for carrying
  138  out:
  139         1. Child or adult protective investigations;
  140         2. Ongoing child or adult protective services;
  141         3. Early intervention and prevention services;
  142         4. Healthy Start services;
  143         5. Licensure or approval of adoptive homes, foster homes,
  144  child care facilities, facilities licensed under chapter 393, or
  145  family day care homes or informal child care providers who
  146  receive school readiness subsidized child care funding, or other
  147  homes used to provide for the care and welfare of children; or
  148         6. Services for victims of domestic violence when provided
  149  by certified domestic violence centers working at the
  150  department’s request as case consultants or with shared clients.
  151  
  152  Also, employees or agents of the Department of Juvenile Justice
  153  responsible for the provision of services to children, pursuant
  154  to chapters 984 and 985.
  155         Section 3. Paragraph (f) of subsection (2) of section
  156  39.5085, Florida Statutes, is amended to read:
  157         39.5085 Relative Caregiver Program.—
  158         (2)
  159         (f) Within available funding, the Relative Caregiver
  160  Program shall provide relative caregivers with family support
  161  and preservation services, flexible funds in accordance with s.
  162  409.165, school readiness subsidized child care, and other
  163  available services in order to support the child’s safety,
  164  growth, and healthy development. Children living with relative
  165  caregivers who are receiving assistance under this section shall
  166  be eligible for Medicaid coverage.
  167         Section 4. Paragraph (b) of subsection (1) and subsection
  168  (2) of section 383.14, Florida Statutes, are amended to read:
  169         383.14 Screening for metabolic disorders, other hereditary
  170  and congenital disorders, and environmental risk factors.—
  171         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  172  maternal and child health care system, the Department of Health
  173  shall promote the screening of all newborns born in Florida for
  174  metabolic, hereditary, and congenital disorders known to result
  175  in significant impairment of health or intellect, as screening
  176  programs accepted by current medical practice become available
  177  and practical in the judgment of the department. The department
  178  shall also promote the identification and screening of all
  179  newborns in this state and their families for environmental risk
  180  factors such as low income, poor education, maternal and family
  181  stress, emotional instability, substance abuse, and other high
  182  risk conditions associated with increased risk of infant
  183  mortality and morbidity to provide early intervention,
  184  remediation, and prevention services, including, but not limited
  185  to, parent support and training programs, home visitation, and
  186  case management. Identification, perinatal screening, and
  187  intervention efforts shall begin prior to and immediately
  188  following the birth of the child by the attending health care
  189  provider. Such efforts shall be conducted in hospitals,
  190  perinatal centers, county health departments, school health
  191  programs that provide prenatal care, and birthing centers, and
  192  reported to the Office of Vital Statistics.
  193         (b) Postnatal screening.—A risk factor analysis using the
  194  department’s designated risk assessment instrument shall also be
  195  conducted as part of the medical screening process upon the
  196  birth of a child and submitted to the department’s Office of
  197  Vital Statistics for recording and other purposes provided for
  198  in this chapter. The department’s screening process for risk
  199  assessment shall include a scoring mechanism and procedures that
  200  establish thresholds for notification, further assessment,
  201  referral, and eligibility for services by professionals or
  202  paraprofessionals consistent with the level of risk. Procedures
  203  for developing and using the screening instrument, notification,
  204  referral, and care coordination services, reporting
  205  requirements, management information, and maintenance of a
  206  computer-driven registry in the Office of Vital Statistics which
  207  ensures privacy safeguards must be consistent with the
  208  provisions and plans established under chapter 411, Pub. L. No.
  209  99-457, and this chapter. Procedures established for reporting
  210  information and maintaining a confidential registry must include
  211  a mechanism for a centralized information depository at the
  212  state and county levels. The department shall coordinate with
  213  existing risk assessment systems and information registries. The
  214  department must ensure, to the maximum extent possible, that the
  215  screening information registry is integrated with the
  216  department’s automated data systems, including the Florida On
  217  line Recipient Integrated Data Access (FLORIDA) system. Tests
  218  and screenings must be performed by the State Public Health
  219  Laboratory, in coordination with Children’s Medical Services, at
  220  such times and in such manner as is prescribed by the department
  221  after consultation with the Genetics and Infant Screening
  222  Advisory Council and the Agency for Workforce Innovation State
  223  Coordinating Council for School Readiness Programs.
  224         (2) RULES.—After consultation with the Genetics and Newborn
  225  Screening Advisory Council, the department shall adopt and
  226  enforce rules requiring that every newborn in this state shall,
  227  prior to becoming 1 week of age, be subjected to a test for
  228  phenylketonuria and, at the appropriate age, be tested for such
  229  other metabolic diseases and hereditary or congenital disorders
  230  as the department may deem necessary from time to time. After
  231  consultation with the Agency for Workforce Innovation State
  232  Coordinating Council for School Readiness Programs, the
  233  department shall also adopt and enforce rules requiring every
  234  newborn in this state to be screened for environmental risk
  235  factors that place children and their families at risk for
  236  increased morbidity, mortality, and other negative outcomes. The
  237  department shall adopt such additional rules as are found
  238  necessary for the administration of this section and s. 383.145,
  239  including rules providing definitions of terms, rules relating
  240  to the methods used and time or times for testing as accepted
  241  medical practice indicates, rules relating to charging and
  242  collecting fees for the administration of the newborn screening
  243  program authorized by this section, rules for processing
  244  requests and releasing test and screening results, and rules
  245  requiring mandatory reporting of the results of tests and
  246  screenings for these conditions to the department.
  247         Section 5. Section 402.25, Florida Statutes, is
  248  transferred, renumbered as section 411.0106, Florida Statutes,
  249  and amended to read:
  250         411.0106 402.25 Infants and toddlers in state-funded
  251  education and care programs; brain development activities.—Each
  252  state-funded education and care program for children from birth
  253  to 5 years of age must provide activities to foster brain
  254  development in infants and toddlers. A program must provide an
  255  environment that helps children attain the performance standards
  256  adopted by the Agency for Workforce Innovation under s.
  257  411.01(4)(d)8. and must be rich in language and music and filled
  258  with objects of various colors, shapes, textures, and sizes to
  259  stimulate visual, tactile, auditory, and linguistic senses in
  260  the children and must include classical music and at least 30
  261  minutes of reading to the children each day. A program may be
  262  offered through an existing early childhood program such as
  263  Healthy Start, the Title I program, the school readiness program
  264  contracted or directly operated subsidized child care, the
  265  prekindergarten early intervention program, Florida First Start,
  266  the Head Start program, or a private child care program. A
  267  program must provide training for the infants’ and toddlers’
  268  parents including direct dialogue and interaction between
  269  teachers and parents demonstrating the urgency of brain
  270  development in the first year of a child’s life. Family day care
  271  centers are encouraged, but not required, to comply with this
  272  section.
  273         Section 6. Subsection (5) of section 402.26, Florida
  274  Statutes, is amended to read:
  275         402.26 Child care; legislative intent.—
  276         (5) It is the further intent of the Legislature to provide
  277  and make accessible child care opportunities for children at
  278  risk, economically disadvantaged children, and other children
  279  traditionally disenfranchised from society. In achieving this
  280  intent, the Legislature shall develop a school readiness program
  281  subsidized child care system, a range of child care options,
  282  support services, and linkages with other programs to fully meet
  283  the child care needs of this population.
  284         Section 7. Subsections (1), (2), and (4) of section
  285  402.281, Florida Statutes, are amended to read:
  286         402.281 Gold Seal Quality Care program.—
  287         (1) Child care facilities, large family child care homes,
  288  or family day care homes that are accredited by a nationally
  289  recognized accrediting association whose standards substantially
  290  meet or exceed the National Association for the Education of
  291  Young Children (NAEYC), the National Association of Family Child
  292  Care, or and the National Early Childhood Program Accreditation
  293  Commission, as applicable, may apply to the department to shall
  294  receive a separate “Gold Seal Quality Care” designation to
  295  operate as a gold seal child care facility, large family child
  296  care home, or family day care home.
  297         (2) In developing the Gold Seal Quality Care program
  298  standards, the department shall use the current standards of
  299  each accrediting association, as applicable, specified in
  300  subsection (1) and consult with the Department of Education, the
  301  Agency for Workforce Innovation, the Florida Head Start
  302  Directors Association, the Florida Association of Child Care
  303  Management, the Florida Family Day Care Association, the Florida
  304  Children’s Forum, the State Coordinating Council for School
  305  Readiness Programs, the Early Childhood Association of Florida,
  306  the National Association for Child Development Education
  307  Alliance, providers receiving exemptions under s. 402.316, and
  308  parents, for the purpose of approving the accrediting
  309  associations.
  310         (a) Upon the adoption of additional or revised standards by
  311  any accrediting association specified in subsection (1), the
  312  department shall notify each accrediting association that has
  313  been approved to participate in the Gold Seal Quality Care
  314  program of the applicable changes and of the department’s intent
  315  to revise the Gold Seal Quality Care program standards
  316  accordingly.
  317         (b) Each accrediting association must notify the department
  318  within 30 days after receiving notification of approval provided
  319  pursuant to paragraph (a) of the accrediting association’s
  320  intent to revise its accreditation standards or discontinue
  321  participation in the Gold Seal Quality Care program.
  322         1. Upon notification by an accrediting association that it
  323  intends to discontinue participation in the Gold Seal Quality
  324  Care program, the department shall notify any participating
  325  child care provider accredited by that association that the
  326  provider must obtain accreditation from another Gold Seal
  327  accrediting association by the time the provider’s current
  328  accreditation expires in order to maintain designation as a Gold
  329  Seal Quality Care provider.
  330         2. An accrediting association that intends to revise its
  331  accreditation standards must do so within 90 days after the
  332  notification provided pursuant to paragraph (a) and must ensure
  333  that each provider accredited by that association is in
  334  compliance with the revised accreditation standards upon the
  335  provider’s renewal of accreditation.
  336         (4) The Department of Children and Family Services shall
  337  adopt rules pursuant to under ss. 120.536(1) and 120.54 which
  338  provide criteria and procedures for reviewing and approving
  339  accrediting associations for participation in the Gold Seal
  340  Quality Care program, conferring and revoking designations of
  341  Gold Seal Quality Care providers, and classifying violations.
  342         Section 8. Section 402.3016, Florida Statutes, is
  343  transferred and renumbered as section 411.0104, Florida
  344  Statutes.
  345         Section 9. Section 402.3018, Florida Statutes, is
  346  transferred, renumbered as section 411.01015, Florida Statutes,
  347  and amended to read:
  348         411.01015 402.3018 Consultation to child care centers and
  349  family day care homes regarding health, developmental,
  350  disability, and special needs issues.—
  351         (1) Contingent upon specific appropriations, the Agency for
  352  Workforce Innovation shall administer department is directed to
  353  contract with the statewide resource information and referral
  354  agency for a statewide toll-free Warm-Line for the purpose of
  355  providing assistance and consultation to child care centers and
  356  family day care homes regarding health, developmental,
  357  disability, and special needs issues of the children they are
  358  serving, particularly children with disabilities and other
  359  special needs.
  360         (2) The purpose of the Warm-Line is to provide advice to
  361  child care personnel concerning strategies, curriculum, and
  362  environmental adaptations that allow a child with a disability
  363  or special need to derive maximum benefit from the child care
  364  services experience.
  365         (3) The Agency for Workforce Innovation department shall
  366  annually inform child care centers and family day care homes of
  367  the availability of this service through the child care resource
  368  and referral network under s. 411.0101, on an annual basis.
  369         (4) Contingent upon specific appropriations, the Agency for
  370  Workforce Innovation department shall expand, or contract for
  371  the expansion of, the Warm-Line to maintain at least one Warm
  372  Line site in each early learning coalition service area from one
  373  statewide site to one Warm-Line site in each child care resource
  374  and referral agency region.
  375         (5) Each regional Warm-Line shall provide assistance and
  376  consultation to child care centers and family day care homes
  377  regarding health, developmental, disability, and special needs
  378  issues of the children they are serving, particularly children
  379  with disabilities and other special needs. Regional Warm-Line
  380  staff shall provide onsite technical assistance, when requested,
  381  to assist child care centers and family day care homes with
  382  inquiries relative to the strategies, curriculum, and
  383  environmental adaptations the child care centers and family day
  384  care homes may need as they serve children with disabilities and
  385  other special needs.
  386         Section 10. Section 402.3051, Florida Statutes, is
  387  transferred, renumbered as section 411.01013, Florida Statutes,
  388  and amended to read:
  389         (Substantial rewording of section. See
  390         s. 402.3051, F.S., for present text.)
  391         411.01013 Prevailing market rate schedule.—
  392         (1) As used in this section, the term:
  393         (a) Market rate” means the price that a child care
  394  provider charges for daily, weekly, or monthly child care
  395  services.
  396         (b) Prevailing market rate” means the annually determined
  397  75th percentile of a reasonable frequency distribution of the
  398  market rate in a predetermined geographic market at which child
  399  care providers charge a person for child care services.
  400         (2) The Agency for Workforce Innovation shall establish
  401  procedures for the adoption of a prevailing market rate
  402  schedule. The schedule must include, at a minimum, county-by
  403  county rates:
  404         (a) At the prevailing market rate, plus the maximum rate,
  405  for child care providers that hold a Gold Seal Quality Care
  406  designation under s. 402.281.
  407         (b) At the prevailing market rate for child care providers
  408  that do not hold a Gold Seal Quality Care designation.
  409         (3) The prevailing market rate schedule, at a minimum,
  410  must:
  411         (a) Differentiate rates by type, including, but not limited
  412  to, a child care provider that holds a Gold Seal Quality Care
  413  designation under s. 402.281, a child care facility licensed
  414  under s. 402.305, a public or nonpublic school exempt from
  415  licensure under s. 402.3025, a faith-based child care facility
  416  exempt from licensure under s. 402.316 that does not hold a Gold
  417  Seal Quality Care designation, a large family child care home
  418  licensed under s. 402.3131, a family day care home licensed or
  419  registered under s. 402.313, or an after-school program that is
  420  not defined as child care under rules adopted pursuant to s.
  421  402.3045.
  422         (b) Differentiate rates by the type of child care services
  423  provided for children with special needs or risk categories,
  424  infants, toddlers, preschool-age children, and school-age
  425  children.
  426         (c) Differentiate rates between full-time and part-time
  427  child care services.
  428         (d) Consider discounted rates for child care services for
  429  multiple children in a single family.
  430         (4) The prevailing market rate schedule must be based
  431  exclusively on the prices charged for child care services. If a
  432  conflict exists between this subsection and federal
  433  requirements, the federal requirements shall control.
  434         (5) The prevailing market rate shall be considered by an
  435  early learning coalition in the adoption of a payment schedule
  436  in accordance with s. 411.01(5)(e)2.
  437         (6) The Agency for Workforce Innovation may contract with
  438  one or more qualified entities to administer this section and
  439  provide support and technical assistance for child care
  440  providers.
  441         (7) The Agency for Workforce Innovation may adopt rules
  442  pursuant to ss. 120.536(1) and 120.54 to administer this
  443  section.
  444         Section 11. Subsection (1) of section 402.313, Florida
  445  Statutes, is amended to read:
  446         402.313 Family day care homes.—
  447         (1) Family day care homes shall be licensed under this act
  448  if they are presently being licensed under an existing county
  449  licensing ordinance, if they are participating in the subsidized
  450  child care program, or if the board of county commissioners
  451  passes a resolution that family day care homes be licensed. If
  452  no county authority exists for the licensing of a family day
  453  care home, the department shall have the authority to license
  454  family day care homes under contract for the purchase-of-service
  455  system in the subsidized child care program.
  456         (a) If not subject to license, family day care homes shall
  457  register annually with the department, providing the following
  458  information:
  459         1. The name and address of the home.
  460         2. The name of the operator.
  461         3. The number of children served.
  462         4. Proof of a written plan to provide at least one other
  463  competent adult to be available to substitute for the operator
  464  in an emergency. This plan shall include the name, address, and
  465  telephone number of the designated substitute.
  466         5. Proof of screening and background checks.
  467         6. Proof of successful completion of the 30-hour training
  468  course, as evidenced by passage of a competency examination,
  469  which shall include:
  470         a. State and local rules and regulations that govern child
  471  care.
  472         b. Health, safety, and nutrition.
  473         c. Identifying and reporting child abuse and neglect.
  474         d. Child development, including typical and atypical
  475  language development; and cognitive, motor, social, and self
  476  help skills development.
  477         e. Observation of developmental behaviors, including using
  478  a checklist or other similar observation tools and techniques to
  479  determine a child’s developmental level.
  480         f. Specialized areas, including early literacy and language
  481  development of children from birth to 5 years of age, as
  482  determined by the department, for owner-operators of family day
  483  care homes.
  484         7. Proof that immunization records are kept current.
  485         8. Proof of completion of the required continuing education
  486  units or clock hours.
  487         (b) A family day care home not participating in the
  488  subsidized child care program may volunteer to be licensed under
  489  the provisions of this act.
  490         (c) The department may provide technical assistance to
  491  counties and family day care home providers to enable counties
  492  and family day care providers to achieve compliance with family
  493  day care homes standards.
  494         Section 12. Section 402.3135, Florida Statutes, is
  495  repealed.
  496         Section 13. Section 402.3145, Florida Statutes, is
  497  transferred, renumbered as section 411.01014, Florida Statutes,
  498  and amended to read:
  499         411.01014 402.3145School readiness Subsidized child care
  500  transportation services program.—
  501         (1) The Agency for Workforce Innovation department,
  502  pursuant to chapter 427, shall establish school readiness a
  503  subsidized child care transportation services system for
  504  children at risk of abuse or neglect participating in the school
  505  readiness subsidized child care program. The early learning
  506  coalitions may state community child care coordination agencies
  507  shall contract for the provision of transportation services as
  508  required by this section.
  509         (2) The transportation servicers may only system shall
  510  provide transportation to each child participating in the school
  511  readiness program to the extent that such subsidized child care
  512  when, and only when, transportation is necessary to provide
  513  child care opportunities that which otherwise would not be
  514  available to a child whose home is more than a reasonable
  515  walking distance from the nearest child care facility or family
  516  day care home.
  517         Section 14. Subsection (3) of section 402.315, Florida
  518  Statutes, is amended to read:
  519         402.315 Funding; license fees.—
  520         (3) The department shall collect a fee for any license it
  521  issues for a child care facility, family day care home, or large
  522  family child care home pursuant to ss. 402.305, 402.313, and
  523  402.3131 s. 402.308.
  524         (a) For a child care facility licensed pursuant to s.
  525  402.305, such fee shall be $1 per child based on the licensed
  526  capacity of the facility, except that the minimum fee shall be
  527  $25 per facility center and the maximum fee shall be $100 per
  528  facility center.
  529         (b) For a family day care home registered pursuant to s.
  530  402.313, such fee shall be $25.
  531         (c) For a family day care home licensed pursuant to s.
  532  402.313, such fee shall be $50.
  533         (d) For a large family child care home licensed pursuant to
  534  s. 402.3131, such fee shall be $60.
  535         Section 15. Subsection (6) of section 402.45, Florida
  536  Statutes, is amended to read:
  537         402.45 Community resource mother or father program.—
  538         (6) Individuals under contract to provide community
  539  resource mother or father services shall participate in
  540  preservice and ongoing training as determined by the Department
  541  of Health in consultation with the Agency for Workforce
  542  Innovation State Coordinating Council for School Readiness
  543  Programs. A community resource mother or father shall not be
  544  assigned a client caseload until all preservice training
  545  requirements are completed.
  546         Section 16. Paragraph (c) of subsection (5) of section
  547  409.1671, Florida Statutes, is amended to read:
  548         409.1671 Foster care and related services; outsourcing.—
  549         (5)
  550         (c) A foster home dually licensed home under s. 409.175 may
  551  this section shall be dually licensed as a child care home under
  552  chapter 402 and may eligible to receive a foster care
  553  maintenance both an out-of-home care payment and, to the extent
  554  permitted under federal law, school readiness funding a
  555  subsidized child care payment for the same child pursuant to
  556  federal law. The department may adopt administrative rules
  557  necessary to administer this paragraph.
  558         Section 17. Paragraphs (a), (d), (e), (f), (g), and (h) of
  559  subsection (2) and subsections (4) through (11) of section
  560  411.01, Florida Statutes, are amended to read:
  561         411.01 School readiness programs; early learning
  562  coalitions.—
  563         (2) LEGISLATIVE INTENT.—
  564         (a) The Legislature recognizes that school readiness
  565  programs increase children’s chances of achieving future
  566  educational success and becoming productive members of society.
  567  It is the intent of the Legislature that the programs be
  568  developmentally appropriate, research-based, involve the parent
  569  parents as a their child’s first teacher, serve as preventive
  570  measures for children at risk of future school failure, enhance
  571  the educational readiness of eligible children, and support
  572  family education. Each school readiness program shall provide
  573  the elements necessary to prepare at-risk children for school,
  574  including health screening and referral and an appropriate
  575  educational program.
  576         (d) It is the intent of the Legislature that the
  577  administrative staff at the state level for school readiness
  578  programs be kept to the minimum necessary to administer the
  579  duties of the Agency for Workforce Innovation and early learning
  580  coalitions. The Agency for Workforce Innovation shall implement
  581  system support services at the state level to build a
  582  comprehensive early learning system, as the school readiness
  583  programs are to be regionally designed, operated, and managed,
  584  with the Agency for Workforce Innovation developing school
  585  readiness program performance standards and outcome measures and
  586  approving and reviewing early learning coalitions and school
  587  readiness plans.
  588         (e) It is the intent of the Legislature that appropriations
  589  for combined school readiness programs shall not be less than
  590  the programs would receive in any fiscal year on an uncombined
  591  basis.
  592         (e)(f) It is the intent of the Legislature that the school
  593  readiness program coordinate and operate in conjunction with the
  594  district school systems. However, it is also the intent of the
  595  Legislature that the school readiness program not be construed
  596  as part of the system of free public schools but rather as a
  597  separate program for children under the age of kindergarten
  598  eligibility, funded separately from the system of free public
  599  schools, utilizing a mandatory sliding fee scale, and providing
  600  an integrated and seamless system of school readiness services
  601  for the state’s birth-to-kindergarten population.
  602         (g) It is the intent of the Legislature that the federal
  603  child care income tax credit be preserved for school readiness
  604  programs.
  605         (f)(h) It is the intent of the Legislature that school
  606  readiness services shall be an integrated and seamless program
  607  system of services with a developmentally appropriate education
  608  component for the state’s eligible birth-to-kindergarten
  609  population described in subsection (6) and shall not be
  610  construed as part of the seamless K-20 education system.
  611         (4) AGENCY FOR WORKFORCE INNOVATION.—
  612         (a) The Agency for Workforce Innovation shall administer
  613  school readiness programs at the state level and shall
  614  coordinate with the early learning coalitions in providing
  615  school readiness services on a full-day, full-year, full-choice
  616  basis to the extent possible in order to enable parents to work
  617  and be financially self-sufficient.
  618         (b) The Agency for Workforce Innovation shall:
  619         1. Coordinate the birth-to-kindergarten services for
  620  children who are eligible under subsection (6) and the
  621  programmatic, administrative, and fiscal standards under this
  622  section for all public providers of school readiness programs.
  623         2. Continue to provide unified leadership for school
  624  readiness through early learning coalitions.
  625         2.3. Focus on improving the educational quality of all
  626  program providers participating in publicly funded school
  627  readiness programs.
  628         (c) The Governor shall designate the Agency for Workforce
  629  Innovation as the lead agency for purposes of administration of
  630  the federal Child Care and Development Fund, 45 C.F.R. parts 98
  631  and 99, and the agency for Workforce Innovation may be
  632  designated by the Governor as the lead agency and, if so
  633  designated, shall comply with the lead agency responsibilities
  634  under federal law.
  635         (d) The Agency for Workforce Innovation shall:
  636         1. Be responsible for the prudent use of all public and
  637  private funds in accordance with all legal and contractual
  638  requirements.
  639         2. Provide final approval and every 2 years periodic review
  640  of early learning coalitions and school readiness plans.
  641         3. Establish Provide leadership for the enhancement of
  642  school readiness in this state by aggressively establishing a
  643  unified approach to the state’s efforts toward enhancement of
  644  school readiness. In support of this effort, the Agency for
  645  Workforce Innovation shall adopt may develop and implement
  646  specific system support service strategies that address the
  647  state’s school readiness programs. An early learning coalition
  648  shall amend its school readiness plan to conform to the specific
  649  system support service strategies adopted by the Agency for
  650  Workforce Innovation. System support services shall include, but
  651  are not limited to:
  652         a. Child care resource and referral services;
  653         b. Warm-Line services;
  654         c. Eligibility determinations;
  655         d. Child performance standards;
  656         e. Child screening and assessment;
  657         f. Developmentally appropriate curricula;
  658         g. Health and safety requirements;
  659         h. Statewide data system requirements; and
  660         i. Rating and improvement systems.
  661         4. Safeguard the effective use of federal, state, local,
  662  and private resources to achieve the highest possible level of
  663  school readiness for the children in this state.
  664         5. Adopt a rule establishing criteria for the expenditure
  665  of funds designated for the purpose of funding activities to
  666  improve the quality of child care within the state in accordance
  667  with s. 658G of the federal Child Care and Development Block
  668  Grant Act.
  669         6.5. Provide technical assistance to early learning
  670  coalitions in a manner determined by the Agency for Workforce
  671  Innovation based upon information obtained by the agency from
  672  various sources, including, but not limited to, public input,
  673  government reports, private interest group reports, agency
  674  monitoring visits, and coalition requests for service.
  675         7. In cooperation with the Department of Education and
  676  early learning coalitions, coordinate with the Child Care
  677  Services Program Office of the Department of Children and Family
  678  Services to minimize duplicating interagency activities, health
  679  and safety monitoring, and acquiring and composing data
  680  pertaining to child care training and credentialing.
  681         6. Assess gaps in service.
  682         7. Provide technical assistance to counties that form a
  683  multicounty region served by an early learning coalition.
  684         8. Develop and adopt performance standards and outcome
  685  measures for school readiness programs. The performance
  686  standards must address the age-appropriate progress of children
  687  in the development of the school readiness skills required under
  688  paragraph (j). The performance standards for children from birth
  689  to 5 3 years of age in school readiness programs must be
  690  integrated with the performance standards adopted by the
  691  Department of Education for children in the Voluntary
  692  Prekindergarten Education Program under s. 1002.67.
  693         9. Adopt a standard contract that must be used by the
  694  coalitions when contracting with school readiness providers.
  695         (e) The Agency for Workforce Innovation may adopt rules
  696  under ss. 120.536(1) and 120.54 to administer the provisions of
  697  law conferring duties upon the agency, including, but not
  698  limited to, rules governing the administration of system support
  699  services preparation and implementation of the school readiness
  700  programs system, the collection of data, the approval of early
  701  learning coalitions and school readiness plans, the provision of
  702  a method whereby an early learning coalition may serve two or
  703  more counties, the award of incentives to early learning
  704  coalitions, child performance standards, child outcome measures,
  705  and the issuance of waivers, and the implementation of the
  706  state’s Child Care and Development Fund Plan as approved by the
  707  federal Administration for Children and Families.
  708         (f) The Agency for Workforce Innovation shall have all
  709  powers necessary to administer this section, including, but not
  710  limited to, the power to receive and accept grants, loans, or
  711  advances of funds from any public or private agency and to
  712  receive and accept from any source contributions of money,
  713  property, labor, or any other thing of value, to be held, used,
  714  and applied for purposes of this section.
  715         (g) Except as provided by law, the Agency for Workforce
  716  Innovation may not impose requirements on a child care or early
  717  childhood education provider that does not deliver services
  718  under the a school readiness programs program or receive state
  719  or federal funds under this section.
  720         (h) The Agency for Workforce Innovation shall have a budget
  721  for the school readiness programs system, which shall be
  722  financed through an annual appropriation made for purposes of
  723  this section in the General Appropriations Act.
  724         (i) The Agency for Workforce Innovation shall coordinate
  725  the efforts toward school readiness in this state and provide
  726  independent policy analyses, data analyses, and recommendations
  727  to the Governor, the State Board of Education, and the
  728  Legislature.
  729         (j) The Agency for Workforce Innovation shall require that
  730  each early learning coalition’s school readiness programs
  731  program must, at a minimum, enhance the age-appropriate progress
  732  of each child in attaining the performance standards adopted
  733  under subparagraph (d)8. and in the development of the following
  734  school readiness skills:
  735         1. Compliance with rules, limitations, and routines.
  736         2. Ability to perform tasks.
  737         3. Interactions with adults.
  738         4. Interactions with peers.
  739         5. Ability to cope with challenges.
  740         6. Self-help skills.
  741         7. Ability to express the child’s needs.
  742         8. Verbal communication skills.
  743         9. Problem-solving skills.
  744         10. Following of verbal directions.
  745         11. Demonstration of curiosity, persistence, and
  746  exploratory behavior.
  747         12. Interest in books and other printed materials.
  748         13. Paying attention to stories.
  749         14. Participation in art and music activities.
  750         15. Ability to identify colors, geometric shapes, letters
  751  of the alphabet, numbers, and spatial and temporal
  752  relationships.
  753  
  754  Within 30 days after enrollment The Agency for Workforce
  755  Innovation shall also require that, before a child is enrolled
  756  in the an early learning coalition’s school readiness program,
  757  the early learning coalition must ensure that the program
  758  provider obtains information is obtained by the coalition or the
  759  school readiness provider regarding the child’s immunizations,
  760  physical development, and other health requirements as
  761  necessary, including appropriate vision and hearing screening
  762  and examinations. For a program provider licensed by the
  763  Department of Children and Family Services, the provider’s
  764  compliance with s. 402.305(9), as verified pursuant to s.
  765  402.311, shall satisfy this requirement.
  766         (k) The Agency for Workforce Innovation shall conduct
  767  studies and planning activities related to the overall
  768  improvement and effectiveness of the outcome measures adopted by
  769  the agency for school readiness programs and the specific system
  770  support service strategies to address the state’s school
  771  readiness programs adopted by the Agency for Workforce
  772  Innovation in accordance with subparagraph (d)3.
  773         (l) The Agency for Workforce Innovation shall monitor and
  774  evaluate the performance of each early learning coalition in
  775  administering the school readiness program, implementing the
  776  coalition’s school readiness plan, and administering the
  777  Voluntary Prekindergarten Education Program. These monitoring
  778  and performance evaluations must include, at a minimum, onsite
  779  monitoring of each coalition’s finances, management, operations,
  780  and programs.
  781         (m) The Agency for Workforce Innovation shall identify best
  782  practices of early learning coalitions in order to improve the
  783  outcomes of school readiness programs.
  784         (m)(n) The Agency for Workforce Innovation shall submit an
  785  annual report of its activities conducted under this section to
  786  the Governor, the executive director of the Florida Healthy Kids
  787  Corporation, the President of the Senate, the Speaker of the
  788  House of Representatives, and the minority leaders of both
  789  houses of the Legislature. In addition, the Agency for Workforce
  790  Innovation’s reports and recommendations shall be made available
  791  to the State Board of Education, the Florida Early Learning
  792  Advisory Council and, other appropriate state agencies and
  793  entities, district school boards, central agencies, and county
  794  health departments. The annual report must provide an analysis
  795  of school readiness activities across the state, including the
  796  number of children who were served in the programs.
  797         (n)(o) The Agency for Workforce Innovation shall work with
  798  the early learning coalitions to ensure availability of training
  799  and support for parental increase parents’ training for and
  800  involvement in their children’s early preschool education and to
  801  provide family literacy activities and services programs.
  802         (5) CREATION OF EARLY LEARNING COALITIONS.—
  803         (a) Early learning coalitions.—
  804         1. Each early learning coalition shall maintain direct
  805  enhancement services at the local level and ensure access to
  806  such services in all 67 counties.
  807         2.1. The Agency for Workforce Innovation shall establish
  808  the minimum number of children to be served by each early
  809  learning coalition through the coalition’s school readiness
  810  program. The Agency for Workforce Innovation may only approve
  811  school readiness plans in accordance with this minimum number.
  812  The minimum number must be uniform for every early learning
  813  coalition and must:
  814         a. Permit 31 30 or fewer coalitions to be established; and
  815         b. Require each coalition to serve at least 2,000 children
  816  based upon the average number of all children served per month
  817  through the coalition’s school readiness program during the
  818  previous 12 months.
  819  
  820  The Agency for Workforce Innovation shall adopt procedures for
  821  merging early learning coalitions, including procedures for the
  822  consolidation of merging coalitions, and for the early
  823  termination of the terms of coalition members which are
  824  necessary to accomplish the mergers. Each early learning
  825  coalition must comply with the merger procedures and shall be
  826  organized in accordance with this subparagraph by April 1, 2005.
  827  By June 30, 2005, each coalition must complete the transfer of
  828  powers, duties, functions, rules, records, personnel, property,
  829  and unexpended balances of appropriations, allocations, and
  830  other funds to the successor coalition, if applicable.
  831         3.2. If an early learning coalition would serve fewer
  832  children than the minimum number established under subparagraph
  833  2. 1., the coalition must merge with another county to form a
  834  multicounty coalition. The Agency for Workforce Innovation shall
  835  adopt procedures for merging early learning coalitions,
  836  including procedures for the consolidation of merging
  837  coalitions, and for the early termination of the terms of
  838  coalition members which are necessary to accomplish the mergers.
  839  However, the Agency for Workforce Innovation may authorize an
  840  early learning coalition to serve fewer children than the
  841  minimum number established under subparagraph 2. 1., if:
  842         a. The coalition demonstrates to the Agency for Workforce
  843  Innovation that merging with another county or multicounty
  844  region contiguous to the coalition would cause an extreme
  845  hardship on the coalition;
  846         b. The Agency for Workforce Innovation has determined
  847  during the most recent annual review of the coalition’s school
  848  readiness plan, or through monitoring and performance
  849  evaluations conducted under paragraph (4)(l), that the coalition
  850  has substantially implemented its plan and substantially met the
  851  performance standards and outcome measures adopted by the
  852  agency; and
  853         c. The coalition demonstrates to the Agency for Workforce
  854  Innovation the coalition’s ability to effectively and
  855  efficiently implement the Voluntary Prekindergarten Education
  856  Program.
  857  
  858  If an early learning coalition fails or refuses to merge as
  859  required by this subparagraph, the Agency for Workforce
  860  Innovation may dissolve the coalition and temporarily contract
  861  with a qualified entity to continue school readiness and
  862  prekindergarten services in the coalition’s county or
  863  multicounty region until the agency reestablishes the coalition
  864  and a new is reestablished through resubmission of a school
  865  readiness plan is approved and approval by the agency.
  866         3. Notwithstanding the provisions of subparagraphs 1. and
  867  2., the early learning coalitions in Sarasota, Osceola, and
  868  Santa Rosa Counties which were in operation on January 1, 2005,
  869  are established and authorized to continue operation as
  870  independent coalitions, and shall not be counted within the
  871  limit of 30 coalitions established in subparagraph 1.
  872         4. Each early learning coalition shall be composed of at
  873  least 15 18 members but not more than 30 35 members. The Agency
  874  for Workforce Innovation shall adopt standards establishing
  875  within this range the minimum and maximum number of members that
  876  may be appointed to an early learning coalition and procedures
  877  for identifying which members have voting privileges under
  878  subparagraph 6. These standards must include variations for a
  879  coalition serving a multicounty region. Each early learning
  880  coalition must comply with these standards.
  881         5. The Governor shall appoint the chair and two other
  882  members of each early learning coalition, who must each meet the
  883  same qualifications as private sector business members appointed
  884  by the coalition under subparagraph 7.
  885         6. Each early learning coalition must include the following
  886  member positions; however, in a multicounty coalition, each ex
  887  officio member position may be filled by multiple nonvoting
  888  members but no more than one voting member shall be seated per
  889  member position. If an early learning coalition has more than
  890  one member representing the same entity, only one of such
  891  members may serve as a voting member members:
  892         a. A Department of Children and Family Services circuit
  893  district administrator or his or her designee who is authorized
  894  to make decisions on behalf of the department.
  895         b. A district superintendent of schools or his or her
  896  designee who is authorized to make decisions on behalf of the
  897  district, who shall be a nonvoting member.
  898         c. A regional workforce board executive director or his or
  899  her designee.
  900         d. A county health department director or his or her
  901  designee.
  902         e. A children’s services council or juvenile welfare board
  903  chair or executive director, if applicable, who shall be a
  904  nonvoting member if the council or board is the fiscal agent of
  905  the coalition or if the council or board contracts with and
  906  receives funds from the coalition for any purpose other than
  907  rent.
  908         f. An agency head of a local licensing agency as defined in
  909  s. 402.302, where applicable.
  910         g. A president of a community college or his or her
  911  designee.
  912         h. One member appointed by a board of county commissioners
  913  or the governing board of a municipality.
  914         i. A central agency administrator, where applicable, who
  915  shall be a nonvoting member.
  916         j. A Head Start director, who shall be a nonvoting member.
  917         k. A representative of private for-profit child care
  918  providers, including private for-profit family day care homes,
  919  who shall be a nonvoting member.
  920         l. A representative of faith-based child care providers,
  921  who shall be a nonvoting member.
  922         m. A representative of programs for children with
  923  disabilities under the federal Individuals with Disabilities
  924  Education Act, who shall be a nonvoting member.
  925         7. Including the members appointed by the Governor under
  926  subparagraph 5., more than one-third of the members of each
  927  early learning coalition must be private sector business members
  928  who do not have, and none of whose relatives as defined in s.
  929  112.3143 has, a substantial financial interest in the design or
  930  delivery of the Voluntary Prekindergarten Education Program
  931  created under part V of chapter 1002 or the coalition’s school
  932  readiness program. To meet this requirement an early learning
  933  coalition must appoint additional members from a list of
  934  nominees submitted to the coalition by a chamber of commerce or
  935  economic development council within the geographic region served
  936  by the coalition. The Agency for Workforce Innovation shall
  937  establish criteria for appointing private sector business
  938  members. These criteria must include standards for determining
  939  whether a member or relative has a substantial financial
  940  interest in the design or delivery of the Voluntary
  941  Prekindergarten Education Program or the coalition’s school
  942  readiness program.
  943         8. A majority of the voting membership of an early learning
  944  coalition constitutes a quorum required to conduct the business
  945  of the coalition. An early learning coalition board may use any
  946  method of telecommunications to conduct meetings, including
  947  establishing a quorum through telecommunications, provided that
  948  the public is given proper notice of a telecommunications
  949  meeting and reasonable access to observe and, when appropriate,
  950  participate.
  951         9. A voting member of an early learning coalition may not
  952  appoint a designee to act in his or her place, except as
  953  otherwise provided in this paragraph. A voting member may send a
  954  representative to coalition meetings, but that representative
  955  does not have voting privileges. When a district administrator
  956  for the Department of Children and Family Services appoints a
  957  designee to an early learning coalition, the designee is the
  958  voting member of the coalition, and any individual attending in
  959  the designee’s place, including the district administrator, does
  960  not have voting privileges.
  961         10. Each member of an early learning coalition is subject
  962  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
  963  112.3143(3)(a), each voting member is a local public officer who
  964  must abstain from voting when a voting conflict exists.
  965         11. For purposes of tort liability, each member or employee
  966  of an early learning coalition shall be governed by s. 768.28.
  967         12. An early learning coalition serving a multicounty
  968  region must include representation from each county.
  969         13. Each early learning coalition shall establish terms for
  970  all appointed members of the coalition. The terms must be
  971  staggered and must be a uniform length that does not exceed 4
  972  years per term. Coalition chairs shall be appointed for 4 years
  973  in conjunction with their membership on the Early Learning
  974  Advisory Council under s. 20.052. Appointed members may serve a
  975  maximum of two consecutive terms. When a vacancy occurs in an
  976  appointed position, the coalition must advertise the vacancy.
  977         (b) Limitation.—Except as provided by law, the early
  978  learning coalitions may not impose requirements on a child care
  979  or early childhood education provider that does not deliver
  980  services under the school readiness programs or receive state,
  981  federal, required maintenance of effort, or matching funds under
  982  this section.
  983         (b) Program participation.—The school readiness program
  984  shall be established for children from birth to the beginning of
  985  the school year for which a child is eligible for admission to
  986  kindergarten in a public school under s. 1003.21(1)(a)2. The
  987  program shall be administered by the early learning coalition.
  988  Within funding limitations, the early learning coalition, along
  989  with all providers, shall make reasonable efforts to accommodate
  990  the needs of children for extended-day and extended-year
  991  services without compromising the quality of the program.
  992         (c) Program expectations.—
  993         1. The school readiness program must meet the following
  994  expectations:
  995         a. The program must, at a minimum, enhance the age
  996  appropriate progress of each child in attaining the development
  997  of the school readiness skills required under paragraph (4)(j),
  998  as measured by the performance standards and outcome measures
  999  adopted by the Agency for Workforce Innovation.
 1000         b. The program must provide extended-day and extended-year
 1001  services to the maximum extent possible without compromising the
 1002  quality of the program to meet the needs of parents who work.
 1003         c. The program There must provide a be coordinated
 1004  professional staff development system that supports the
 1005  achievement and maintenance of core competencies by school
 1006  readiness instructors in helping children attain the performance
 1007  standards and outcome measures adopted by the Agency for
 1008  Workforce Innovation and teaching opportunities.
 1009         d. There must be expanded access to community services and
 1010  resources for families to help achieve economic self
 1011  sufficiency.
 1012         e. There must be a single point of entry and unified
 1013  waiting list. As used in this sub-subparagraph, the term “single
 1014  point of entry” means an integrated information system that
 1015  allows a parent to enroll his or her child in the school
 1016  readiness program at various locations throughout a the county
 1017  or multicounty region served by an early learning coalition,
 1018  that may allow a parent to enroll his or her child by telephone
 1019  or through an Internet website, and that uses a unified waiting
 1020  list to track eligible children waiting for enrollment in the
 1021  school readiness program. The Agency for Workforce Innovation
 1022  shall establish through technology a single statewide
 1023  information system that each coalition must use for the purposes
 1024  of managing the integrates each early learning coalition’s
 1025  single point of entry, tracking children’s progress,
 1026  coordinating services among stakeholders, determining
 1027  eligibility, tracking child attendance, and streamlining
 1028  administrative processes for providers and early learning
 1029  coalitions and each coalition must use the statewide system.
 1030         f. The Agency for Workforce Innovation must consider the
 1031  access of eligible children to the school readiness program, as
 1032  demonstrated in part by waiting lists, before approving a
 1033  proposed increase in payment rates submitted by an early
 1034  learning coalition. In addition, early learning coalitions shall
 1035  use school readiness funds made available due to enrollment
 1036  shifts from school readiness programs to the Voluntary
 1037  Prekindergarten Education Program for increasing the number of
 1038  children served in school readiness programs before increasing
 1039  payment rates.
 1040         g. There must be a community plan to address the needs of
 1041  all eligible children.
 1042         g.h. The program must meet all state licensing guidelines,
 1043  where applicable.
 1044         h. The program must ensure that minimum standards for child
 1045  discipline practices are age-appropriate. Such standards must
 1046  provide that children not be subjected to discipline that is
 1047  severe, humiliating, or frightening or discipline that is
 1048  associated with food, rest, or toileting. Spanking or any other
 1049  form of physical punishment is prohibited.
 1050         2. Each The early learning coalition must implement a
 1051  comprehensive program of school readiness services in accordance
 1052  with the rules adopted by the agency which that enhance the
 1053  cognitive, social, and physical development of children to
 1054  achieve the performance standards and outcome measures adopted
 1055  by the agency for Workforce Innovation. At a minimum, these
 1056  programs must contain the following system support service
 1057  elements:
 1058         a. Developmentally appropriate curriculum designed to
 1059  enhance the age-appropriate progress of children in attaining
 1060  the performance standards adopted by the Agency for Workforce
 1061  Innovation under subparagraph (4)(d)8.
 1062         b. A character development program to develop basic values.
 1063         c. An age-appropriate screening assessment of each child’s
 1064  development.
 1065         d. An age-appropriate assessment A pretest administered to
 1066  children when they enter a program and an age-appropriate
 1067  assessment a posttest administered to children when they leave
 1068  the program.
 1069         e. An appropriate staff-to-children ratio, pursuant to s.
 1070  402.305(4) or s. 402.302(7) or (8), as applicable, and as
 1071  verified pursuant to s. 402.311.
 1072         f. A healthy and safe environment pursuant to s.
 1073  401.305(5), (6), and (7), as applicable, and as verified
 1074  pursuant to s. 402.311.
 1075         g. A resource and referral network established under s.
 1076  411.0101 to assist parents in making an informed choice and a
 1077  regional Warm-Line under s. 411.01015.
 1078  
 1079  The Agency for Workforce Innovation, the Department of
 1080  Education, and early learning coalitions shall coordinate with
 1081  the Child Care Services Program Office of the Department of
 1082  Children and Family Services to minimize duplicating interagency
 1083  activities pertaining to acquiring and composing data for child
 1084  care training and credentialing.
 1085         (d) Implementation.—
 1086         1. An early learning coalition may not implement the school
 1087  readiness program until the coalition is authorized through
 1088  approval of the coalition’s school readiness plan by the Agency
 1089  for Workforce Innovation.
 1090         2. Each early learning coalition shall coordinate with one
 1091  another to implement a comprehensive program of school readiness
 1092  services which enhances the cognitive, social, physical, and
 1093  moral character of the children to achieve the performance
 1094  standards and outcome measures and which helps families achieve
 1095  economic self-sufficiency. Such program must contain, at a
 1096  minimum, the following elements: develop a plan for implementing
 1097         a. Implement the school readiness program to meet the
 1098  requirements of this section and the system support services,
 1099  performance standards, and outcome measures adopted by the
 1100  Agency for Workforce Innovation.
 1101         b.The plan must Demonstrate how the program will ensure
 1102  that each 3-year-old and 4-year-old child from birth through 5
 1103  years of age in a publicly funded school readiness program
 1104  receives scheduled activities and instruction designed to
 1105  enhance the age-appropriate progress of the children in
 1106  attaining the performance standards adopted by the Agency for
 1107  Workforce Innovation under subparagraph (4)(d)8.
 1108         c. Ensure that the coalition has solicited and considered
 1109  comments regarding the proposed school readiness plan from the
 1110  local community.
 1111  
 1112  Before implementing the school readiness program, the early
 1113  learning coalition must submit the plan to the Agency for
 1114  Workforce Innovation for approval. The Agency for Workforce
 1115  Innovation may approve the plan, reject the plan, or approve the
 1116  plan with conditions. The Agency for Workforce Innovation shall
 1117  review school readiness plans at least every 2 years annually.
 1118         3. If the Agency for Workforce Innovation determines during
 1119  the annual review of school readiness plans, or through
 1120  monitoring and performance evaluations conducted under paragraph
 1121  (4)(l), that an early learning coalition has not substantially
 1122  implemented its plan, has not substantially met the performance
 1123  standards and outcome measures adopted by the agency, or has not
 1124  effectively administered the school readiness program or
 1125  Voluntary Prekindergarten Education Program, the Agency for
 1126  Workforce Innovation may dissolve the coalition and temporarily
 1127  contract with a qualified entity to continue school readiness
 1128  and prekindergarten services in the coalition’s county or
 1129  multicounty region until the agency reestablishes the coalition
 1130  and a new the coalition is reestablished through resubmission of
 1131  a school readiness plan is approved in accordance with the rules
 1132  adopted and approval by the agency.
 1133         4. The Agency for Workforce Innovation shall adopt rules
 1134  establishing criteria for the approval of school readiness
 1135  plans. The criteria must be consistent with the system support
 1136  services, performance standards, and outcome measures adopted by
 1137  the agency and must require each approved plan to include the
 1138  following minimum standards and provisions for the school
 1139  readiness program:
 1140         a. A community plan that addresses the needs of all
 1141  children and providers within the coalition’s county or
 1142  multicounty region.
 1143         b.a. A sliding fee scale establishing a copayment for
 1144  parents based upon their ability to pay, which is the same for
 1145  all program providers, to be implemented and reflected in each
 1146  program’s budget.
 1147         c.b. A choice of settings and locations in licensed,
 1148  registered, religious-exempt, or school-based programs to be
 1149  provided to parents.
 1150         c. Instructional staff who have completed the training
 1151  course as required in s. 402.305(2)(d)1., as well as staff who
 1152  have additional training or credentials as required by the
 1153  Agency for Workforce Innovation. The plan must provide a method
 1154  for assuring the qualifications of all personnel in all program
 1155  settings.
 1156         d. Specific eligibility priorities for children within the
 1157  early learning coalition’s county or multicounty region in
 1158  accordance with subsection (6).
 1159         e. Performance standards and outcome measures adopted by
 1160  the Agency for Workforce Innovation.
 1161         f. Payment rates adopted by the early learning coalitions
 1162  coalition and approved by the Agency for Workforce Innovation.
 1163  Payment rates may not have the effect of limiting parental
 1164  choice or creating standards or levels of services that have not
 1165  been expressly established authorized by the Legislature, unless
 1166  the creation of such standards or levels of service is a
 1167  precondition for the state’s eligibility to receive federal
 1168  funds available for early learning programs.
 1169         g. Systems support services, including a central agency,
 1170  child care resource and referral, eligibility determinations,
 1171  training of providers, and parent support and involvement.
 1172         g.h. Direct enhancement services for to families and
 1173  children. System support and direct enhancement services shall
 1174  be in addition to payments for the placement of children in
 1175  school readiness programs. Direct enhancement services for
 1176  families may include parent training and involvement activities
 1177  and strategies to meet the needs of unique populations and local
 1178  eligibility priorities. Enhancement services for children may
 1179  include provider supports and professional development approved
 1180  in the plan by the Agency for Workforce Innovation.
 1181         h.i. The business organization of the early learning
 1182  coalition, which must include the coalition’s articles of
 1183  incorporation and bylaws if the coalition is organized as a
 1184  corporation. If the coalition is not organized as a corporation
 1185  or other business entity, the plan must include the contract
 1186  with a fiscal agent. An early learning coalition may contract
 1187  with other coalitions to achieve efficiency in multicounty
 1188  services, and these contracts may be part of the coalition’s
 1189  school readiness plan.
 1190         i. The implementation of locally developed quality programs
 1191  in accordance with the requirements adopted by the agency under
 1192  subparagraph (4)(d)5.
 1193         j. Strategies to meet the needs of unique populations, such
 1194  as migrant workers.
 1195  
 1196  As part of the school readiness plan, The Agency for Workforce
 1197  Innovation early learning coalition may request the Governor to
 1198  apply for a waiver to allow the coalition to administer the Head
 1199  Start Program to accomplish the purposes of the school readiness
 1200  program. If a school readiness plan demonstrates that specific
 1201  statutory goals can be achieved more effectively by using
 1202  procedures that require modification of existing rules,
 1203  policies, or procedures, a request for a waiver to the Agency
 1204  for Workforce Innovation may be submitted as part of the plan.
 1205  Upon review, the Agency for Workforce Innovation may grant the
 1206  proposed modification.
 1207         5. Persons with an early childhood teaching certificate may
 1208  provide support and supervision to other staff in the school
 1209  readiness program.
 1210         6. An early learning coalition may not implement its school
 1211  readiness plan until it submits the plan to and receives
 1212  approval from the Agency for Workforce Innovation. Once the plan
 1213  is approved, the plan and the services provided under the plan
 1214  shall be controlled by the early learning coalition. The plan
 1215  shall be reviewed and revised as necessary, but at least
 1216  biennially. An early learning coalition may not implement the
 1217  revisions until the coalition submits the revised plan to and
 1218  receives approval from the Agency for Workforce Innovation. If
 1219  the Agency for Workforce Innovation rejects a revised plan, the
 1220  coalition must continue to operate under its prior approved
 1221  plan.
 1222         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 1223  apply to an early learning coalition with an approved school
 1224  readiness programs plan. The Agency for Workforce Innovation To
 1225  facilitate innovative practices and to allow the regional
 1226  establishment of school readiness programs, an early learning
 1227  coalition may apply to the Governor and Cabinet for a waiver of,
 1228  and the Governor and Cabinet may waive, any of the provisions of
 1229  ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
 1230  for implementation of the coalition’s school readiness programs
 1231  plan.
 1232         8. Two or more early learning coalitions counties may join
 1233  for purposes of planning and implementing a school readiness
 1234  program.
 1235         9. An early learning coalition may, subject to approval by
 1236  The Agency for Workforce Innovation as part of the coalition’s
 1237  school readiness plan, receive subsidized child care funds for
 1238  all children eligible for any federal subsidized child care
 1239  program.
 1240         10. An early learning coalition may enter into multiparty
 1241  contracts with multicounty service providers in order to meet
 1242  the needs of unique populations such as migrant workers.
 1243         (e) Requests for proposals; payment schedule.—
 1244         1. Each early learning coalition must comply with the
 1245  procurement and expenditure procedures adopted by the Agency for
 1246  Workforce Innovation, including, but not limited to, applying
 1247  the procurement and expenditure procedures required by federal
 1248  law for the expenditure of federal funds s. 287.057 for the
 1249  procurement of commodities or contractual services from the
 1250  funds described in paragraph (9)(d). The period of a contract
 1251  for purchase of these commodities or contractual services,
 1252  together with any renewal of the original contract, may not
 1253  exceed 3 years.
 1254         2. Each early learning coalition shall adopt a payment
 1255  schedule that encompasses all programs funded by the coalition
 1256  under this section. The payment schedule must take into
 1257  consideration the prevailing relevant market rate, must include
 1258  the projected number of children to be served, and must be
 1259  submitted for approval by the Agency for Workforce Innovation.
 1260  Informal child care arrangements shall be reimbursed at not more
 1261  than 50 percent of the rate adopted developed for a family day
 1262  care home.
 1263         (f) Requirements relating to fiscal agents.—If an early
 1264  learning coalition is not legally organized as a corporation or
 1265  other business entity, the coalition must designate a fiscal
 1266  agent, which may be a public entity, a private nonprofit
 1267  organization, or a certified public accountant who holds a
 1268  license under chapter 473. The fiscal agent must provide
 1269  financial and administrative services under a contract with the
 1270  early learning coalition. The fiscal agent may not provide
 1271  direct early childhood education or child care services;
 1272  however, a fiscal agent may provide those services upon written
 1273  request of the early learning coalition to the Agency for
 1274  Workforce Innovation and upon the approval of the request by the
 1275  agency. The cost of the financial and administrative services
 1276  shall be negotiated between the fiscal agent and the early
 1277  learning coalition. If the fiscal agent is a provider of early
 1278  childhood education and child care programs, the contract must
 1279  specify that the fiscal agent shall act on policy direction from
 1280  the early learning coalition and must not receive policy
 1281  direction from its own corporate board regarding disbursal of
 1282  the coalition’s funds. The fiscal agent shall disburse funds in
 1283  accordance with the early learning coalition’s approved school
 1284  readiness plan and based on billing and disbursement procedures
 1285  approved by the Agency for Workforce Innovation. The fiscal
 1286  agent must conform to all data-reporting requirements
 1287  established by the Agency for Workforce Innovation.
 1288         (f)(g)Evaluation and annual report.—Each early learning
 1289  coalition shall conduct an evaluation of its implementation the
 1290  effectiveness of the school readiness program, including system
 1291  support services, performance standards, and outcome measures,
 1292  and shall provide an annual report and fiscal statement to the
 1293  Agency for Workforce Innovation. This report must also include
 1294  an evaluation of the effectiveness of its direct enhancement
 1295  services and conform to the content and format specifications
 1296  adopted set by the Agency for Workforce Innovation. The Agency
 1297  for Workforce Innovation must include an analysis of the early
 1298  learning coalitions’ reports in the agency’s annual report.
 1299         (6) PROGRAM ELIGIBILITY.—The Each early learning
 1300  coalition’s school readiness program is shall be established for
 1301  children from birth to the beginning of the school year for
 1302  which a child is eligible for admission to kindergarten in a
 1303  public school under s. 1003.21(1)(a)2. or who are eligible for
 1304  any federal subsidized child care program. Each early learning
 1305  coalition shall give priority for participation in the school
 1306  readiness program as follows:
 1307         (a) Priority shall be given first to a child from a family
 1308  in which there is an adult receiving temporary cash assistance
 1309  who is subject to federal work requirements.
 1310         (b) Priority shall be given next to a child who is eligible
 1311  for a school readiness program but who has not yet entered
 1312  children age 3 years to school, entry who is are served by the
 1313  Family Safety Program Office of the Department of Children and
 1314  Family Services or a community-based lead agency under chapter
 1315  39 or chapter 409, and for whom child care is needed to minimize
 1316  risk of further abuse, neglect, or abandonment.
 1317         (c) Subsequent priority shall be given to a child Other
 1318  eligible populations include children who meets meet one or more
 1319  of the following criteria:
 1320         1.(a)A child who is younger than Children under the age of
 1321  kindergarten eligibility and who are:
 1322         1. Children determined to be at risk of abuse, neglect, or
 1323  exploitation who are currently clients of the Family Safety
 1324  Program Office of the Department of Children and Family
 1325  Services, but who are not otherwise given priority under this
 1326  subsection.
 1327         a.2.Is Children at risk of welfare dependency, including
 1328  an economically disadvantaged child children, a child children
 1329  of a participant participants in the welfare transition program,
 1330  a child of a migratory agricultural worker children of migrant
 1331  farmworkers, or a child and children of a teen parent parents.
 1332         b.3.Is a member Children of a working family that is
 1333  economically disadvantaged families whose family income does not
 1334  exceed 150 percent of the federal poverty level.
 1335         c.4. Children For whom financial assistance is provided
 1336  through the state is paying a Relative Caregiver Program payment
 1337  under s. 39.5085.
 1338         2.(b)A 3-year-old child or Three-year-old children and 4
 1339  year-old child children who may not be economically
 1340  disadvantaged but who has a disability; has have disabilities,
 1341  have been served in a specific part-time exceptional education
 1342  program or a combination of part-time exceptional education
 1343  programs with required special services, aids, or equipment;,
 1344  and was were previously reported for funding part time under
 1345  with the Florida Education Finance Program as an exceptional
 1346  student students.
 1347         3.(c)An economically disadvantaged child children, a child
 1348  children with a disability disabilities, or a child and children
 1349  at risk of future school failure, from birth to 4 years of age,
 1350  who is are served at home through a home visitor program
 1351  programs and an intensive parent education program programs.
 1352         4.(d)A child Children who meets meet federal and state
 1353  eligibility requirements for the migrant preschool program but
 1354  who is do not meet the criteria of economically disadvantaged.
 1355  
 1356  As used in this paragraph subsection, the term “economically
 1357  disadvantaged” child means having a child whose family income
 1358  that does not exceed 150 percent of the federal poverty level.
 1359  Notwithstanding any change in a family’s economic status, but
 1360  subject to additional family contributions in accordance with
 1361  the sliding fee scale, a child who meets the eligibility
 1362  requirements upon initial registration for the program remains
 1363  eligible until the beginning of the school year for which the
 1364  child is eligible for admission to kindergarten in a public
 1365  school under s. 1003.21(1)(a)2.
 1366         (7) PARENTAL CHOICE.—
 1367         (a) Parental choice of child care providers shall be
 1368  established, to the maximum extent practicable, in accordance
 1369  with 45 C.F.R. s. 98.30.
 1370         (b) As used in this subsection, the term “payment
 1371  certificate” means a child care certificate as defined in 45
 1372  C.F.R. s. 98.2.
 1373         (c) The school readiness program shall, in accordance with
 1374  45 C.F.R. s. 98.30, provide parental choice through a payment
 1375  certificate purchase service order that ensures, to the maximum
 1376  extent possible, flexibility in the school readiness program
 1377  programs and payment arrangements. According to federal
 1378  regulations requiring parental choice, a parent may choose an
 1379  informal child care arrangement. The payment certificate
 1380  purchase order must bear the names name of the beneficiary and
 1381  the program provider and, when redeemed, must bear the
 1382  signatures signature of both the beneficiary and an authorized
 1383  representative of the provider.
 1384         (d)(b) If it is determined that a provider has given
 1385  provided any cash to the beneficiary in return for receiving a
 1386  payment certificate the purchase order, the early learning
 1387  coalition or its fiscal agent shall refer the matter to the
 1388  Division of Public Assistance Fraud for investigation.
 1389         (e)(c) The office of the Chief Financial Officer shall
 1390  establish an electronic transfer system for the disbursement of
 1391  funds in accordance with this subsection. Each early learning
 1392  coalition shall fully implement the electronic funds transfer
 1393  system within 2 years after approval of the coalition’s school
 1394  readiness plan, unless a waiver is obtained from the Agency for
 1395  Workforce Innovation.
 1396         (8) STANDARDS; OUTCOME MEASURES.—A program provider
 1397  participating in the All school readiness program programs must
 1398  meet the performance standards and outcome measures adopted by
 1399  the Agency for Workforce Innovation.
 1400         (9) FUNDING; SCHOOL READINESS PROGRAM.—
 1401         (a) It is the intent of this section to establish an
 1402  integrated and quality seamless service delivery system for all
 1403  publicly funded early childhood education and child care
 1404  programs operating in this state.
 1405         (b)1. The Agency for Workforce Innovation shall administer
 1406  school readiness funds, plans, and policies and shall prepare
 1407  and submit a unified budget request for the school readiness
 1408  system in accordance with chapter 216.
 1409         2. All instructions to early learning coalitions for
 1410  administering this section shall emanate from the Agency for
 1411  Workforce Innovation in accordance with the policies of the
 1412  Legislature.
 1413         (c) The Agency for Workforce Innovation, subject to
 1414  legislative notice and review under s. 216.177, shall establish
 1415  recommend a formula for the allocation among the early learning
 1416  coalitions of all state and federal school readiness funds
 1417  provided for children participating in the public or private
 1418  school readiness program, whether served by a public or private
 1419  provider, programs based upon equity for each county and
 1420  performance. The allocation formula must be submitted to the
 1421  Governor, the chair of the Senate Ways and Means Committee or
 1422  its successor, and the chair of the House of Representatives
 1423  Fiscal Council or its successor no later than January 1 of each
 1424  year. If the Legislature specifies shall specify in the annual
 1425  General Appropriations Act any changes to from the allocation
 1426  formula, methodology for the prior fiscal year which must be
 1427  used by the Agency for Workforce Innovation shall allocate funds
 1428  as specified in allocating the appropriations provided in the
 1429  General Appropriations Act.
 1430         (d) All state, federal, and required local maintenance-of
 1431  effort, or matching funds provided to an early learning
 1432  coalition for purposes of this section shall be used by the
 1433  coalition for implementation of its approved school readiness
 1434  plan, including the hiring of staff to effectively operate the
 1435  coalition’s school readiness program. As part of plan approval
 1436  and periodic plan review, The Agency for Workforce Innovation
 1437  shall require that administrative costs be kept to the minimum
 1438  necessary for efficient and effective administration of the
 1439  school readiness plan, but total administrative expenditures
 1440  must not exceed 5 percent unless specifically waived by the
 1441  Agency for Workforce Innovation. The Agency for Workforce
 1442  Innovation shall annually report to the Legislature any problems
 1443  relating to administrative costs.
 1444         (e) The Agency for Workforce Innovation shall annually
 1445  distribute, to a maximum extent practicable, all eligible funds
 1446  provided under this section as block grants to the early
 1447  learning coalitions in accordance with the terms and conditions
 1448  specified by the agency.
 1449         (f) State funds appropriated for the school readiness
 1450  program may not be used for the construction of new facilities
 1451  or the purchase of buses. The Agency for Workforce Innovation
 1452  shall present to the Legislature recommendations for providing
 1453  necessary transportation services for school readiness programs.
 1454         (g) All cost savings and all revenues received through a
 1455  mandatory sliding fee scale shall be used to help fund each
 1456  early learning coalition’s school readiness program.
 1457         (10) CONFLICTING PROVISIONS.—If In the event of a conflict
 1458  exists between this section and federal requirements, the
 1459  federal requirements shall control.
 1460         (11) PLACEMENTS.—Notwithstanding any other provision of
 1461  this section to the contrary, the first children to be placed in
 1462  the school readiness program shall be those from families
 1463  receiving temporary cash assistance and subject to federal work
 1464  requirements. Subsequent placements shall be made in accordance
 1465  with subsection (6).
 1466         Section 18. Section 411.0101, Florida Statutes, is amended
 1467  to read:
 1468         411.0101 Child care and early childhood resource and
 1469  referral.—
 1470         (1) As a part of the school readiness programs, the Agency
 1471  for Workforce Innovation shall establish a statewide child care
 1472  resource and referral network that is unbiased and provides
 1473  referrals to families for child care. Preference shall be given
 1474  to using the already established early learning coalitions as
 1475  the child care resource and referral agencies agency. If an
 1476  early learning coalition cannot comply with the requirements to
 1477  offer the resource information component or does not want to
 1478  offer that service, the early learning coalition shall select
 1479  the resource and referral information agency for its county or
 1480  multicounty region based upon a request for proposal pursuant to
 1481  s. 411.01(5)(e)1.
 1482         (2) At least one child care resource and referral agency
 1483  must be established in each early learning coalition’s county or
 1484  multicounty region. The Agency for Workforce Innovation shall
 1485  adopt rules regarding accessibility of child care resource and
 1486  referral services offered through child care resource and
 1487  referral agencies in each county or multicounty region which
 1488  include, at a minimum, required hours of operation, methods by
 1489  which parents may request services, and child care resource and
 1490  referral staff training requirements.
 1491         (3) Child care resource and referral agencies shall provide
 1492  the following services:
 1493         (a)(1) Identification of existing public and private child
 1494  care and early childhood education services, including child
 1495  care services by public and private employers, and the
 1496  development of a resource file of those services through the
 1497  single statewide information system developed by the Agency for
 1498  Workforce Innovation under s. 411.01(5)(c)1.e. These services
 1499  may include family day care, public and private child care
 1500  programs, the Voluntary Prekindergarten Education Program, Head
 1501  Start, the school readiness program prekindergarten early
 1502  intervention programs, special education programs for
 1503  prekindergarten handicapped children with disabilities, services
 1504  for children with developmental disabilities, full-time and
 1505  part-time programs, before-school and after-school programs,
 1506  vacation care programs, parent education, the WAGES Program, and
 1507  related family support services. The resource file shall
 1508  include, but not be limited to:
 1509         1.(a) Type of program.
 1510         2.(b) Hours of service.
 1511         3.(c) Ages of children served.
 1512         4.(d) Number of children served.
 1513         5.(e) Significant program information.
 1514         6.(f) Fees and eligibility for services.
 1515         7.(g) Availability of transportation.
 1516         (b)(2) The establishment of a referral process that which
 1517  responds to parental need for information and that which is
 1518  provided with full recognition of the confidentiality rights of
 1519  parents. The resource and referral network programs shall make
 1520  referrals to legally operating licensed child care facilities.
 1521  Referrals may not shall be made to a an unlicensed child care
 1522  facility that is operating illegally or arrangement only if
 1523  there is no requirement that the facility or arrangement be
 1524  licensed.
 1525         (c)(3) Maintenance of ongoing documentation of requests for
 1526  service tabulated through the internal referral process through
 1527  the single statewide information system. The following
 1528  documentation of requests for service shall be maintained by the
 1529  all child care resource and referral network agencies:
 1530         1.(a) Number of calls and contacts to the child care
 1531  resource information and referral network agency component by
 1532  type of service requested.
 1533         2.(b) Ages of children for whom service was requested.
 1534         3.(c) Time category of child care requests for each child.
 1535         4.(d) Special time category, such as nights, weekends, and
 1536  swing shift.
 1537         5.(e) Reason that the child care is needed.
 1538         6.(f) Name of the employer and primary focus of the
 1539  business.
 1540         (d)(4) Provision of technical assistance to existing and
 1541  potential providers of child care services. This assistance may
 1542  include:
 1543         1.(a) Information on initiating new child care services,
 1544  zoning, and program and budget development and assistance in
 1545  finding such information from other sources.
 1546         2.(b) Information and resources which help existing child
 1547  care services providers to maximize their ability to serve
 1548  children and parents in their community.
 1549         3.(c) Information and incentives that may which could help
 1550  existing or planned child care services offered by public or
 1551  private employers seeking to maximize their ability to serve the
 1552  children of their working parent employees in their community,
 1553  through contractual or other funding arrangements with
 1554  businesses.
 1555         (e)(5) Assistance to families and employers in applying for
 1556  various sources of subsidy including, but not limited to, the
 1557  Voluntary Prekindergarten Education Program, the school
 1558  readiness program subsidized child care, Head Start,
 1559  prekindergarten early intervention programs, Project
 1560  Independence, private scholarships, and the federal child and
 1561  dependent care tax credit.
 1562         (6) Assistance to state agencies in determining the market
 1563  rate for child care.
 1564         (f)(7) Assistance in negotiating discounts or other special
 1565  arrangements with child care providers.
 1566         (8) Information and assistance to local interagency
 1567  councils coordinating services for prekindergarten handicapped
 1568  children.
 1569         (g)(9) Assistance to families in identifying summer
 1570  recreation camp and summer day camp programs, and in evaluating
 1571  the health and safety qualities of summer recreation camp and
 1572  summer day camp programs, and in evaluating the health and
 1573  safety qualities of summer camp programs. Contingent upon
 1574  specific appropriation, a checklist of important health and
 1575  safety qualities that parents can use to choose their summer
 1576  camp programs shall be developed and distributed in a manner
 1577  that will reach parents interested in such programs for their
 1578  children.
 1579         (h)(10) A child care facility licensed under s. 402.305 and
 1580  licensed and registered family day care homes must provide the
 1581  statewide child care and resource and referral network agencies
 1582  with the following information annually:
 1583         1.(a) Type of program.
 1584         2.(b) Hours of service.
 1585         3.(c) Ages of children served.
 1586         4.(d) Fees and eligibility for services.
 1587         (4)(11) The Agency for Workforce Innovation shall adopt any
 1588  rules necessary for the implementation and administration of
 1589  this section.
 1590         Section 19. Subsection (3), paragraph (b) of subsection
 1591  (4), and paragraphs (c) and (d) of subsection (5) of section
 1592  411.0102, Florida Statutes, are amended to read:
 1593         411.0102 Child Care Executive Partnership Act; findings and
 1594  intent; grant; limitation; rules.—
 1595         (3) There is created a body politic and corporate known as
 1596  the Child Care Executive Partnership which shall establish and
 1597  govern the Child Care Executive Partnership Program. The purpose
 1598  of the Child Care Executive Partnership Program is to utilize
 1599  state and federal funds as incentives for matching local funds
 1600  derived from local governments, employers, charitable
 1601  foundations, and other sources, so that Florida communities may
 1602  create local flexible partnerships with employers. The Child
 1603  Care Executive Partnership Program funds shall be used at the
 1604  discretion of local communities to meet the needs of working
 1605  parents. A child care purchasing pool shall be developed with
 1606  the state, federal, and local funds to provide subsidies to low
 1607  income working parents whose family income does not exceed the
 1608  allowable income for any federally subsidized child care program
 1609  who are eligible for subsidized child care with a dollar-for
 1610  dollar match from employers, local government, and other
 1611  matching contributions. The funds used from the child care
 1612  purchasing pool must be used to supplement or extend the use of
 1613  existing public or private funds.
 1614         (4) The Child Care Executive Partnership, staffed by the
 1615  Agency for Workforce Innovation, shall consist of a
 1616  representative of the Executive Office of the Governor and nine
 1617  members of the corporate or child care community, appointed by
 1618  the Governor.
 1619         (b) The Child Care Executive Partnership shall be chaired
 1620  by a member chosen by a majority vote and shall meet at least
 1621  quarterly and at other times upon the call of the chair. The
 1622  Child Care Executive Partnership may use any method of
 1623  telecommunications to conduct meetings, including establishing a
 1624  quorum through telecommunications, only if the public is given
 1625  proper notice of a telecommunications meeting and reasonable
 1626  access to observe and, when appropriate, participate.
 1627         (5)
 1628         (c) The Agency for Workforce Innovation, in conjunction
 1629  with the Child Care Executive Partnership, shall develop
 1630  procedures for disbursement of funds through the child care
 1631  purchasing pools. In order to be considered for funding, an
 1632  early learning coalition or the Agency for Workforce Innovation
 1633  must commit to:
 1634         1. Matching the state purchasing pool funds on a dollar
 1635  for-dollar basis; and
 1636         2. Expending only those public funds which are matched by
 1637  employers, local government, and other matching contributors who
 1638  contribute to the purchasing pool. Parents shall also pay a fee,
 1639  which may not shall be not less than the amount identified in
 1640  the early learning coalition’s school readiness program
 1641  subsidized child care sliding fee scale.
 1642         (d) Each early learning coalition board shall be required
 1643  to establish a community child care task force for each child
 1644  care purchasing pool. The task force must be composed of
 1645  employers, parents, private child care providers, and one
 1646  representative from the local children’s services council, if
 1647  one exists in the area of the purchasing pool. The early
 1648  learning coalition is expected to recruit the task force members
 1649  from existing child care councils, commissions, or task forces
 1650  already operating in the area of a purchasing pool. A majority
 1651  of the task force shall consist of employers. Each task force
 1652  shall develop a plan for the use of child care purchasing pool
 1653  funds. The plan must show how many children will be served by
 1654  the purchasing pool, how many will be new to receiving child
 1655  care services, and how the early learning coalition intends to
 1656  attract new employers and their employees to the program.
 1657         Section 20. Paragraph (b) of subsection (8) of section
 1658  411.203, Florida Statutes, is amended to read:
 1659         411.203 Continuum of comprehensive services.—The Department
 1660  of Education and the Department of Health and Rehabilitative
 1661  Services shall utilize the continuum of prevention and early
 1662  assistance services for high-risk pregnant women and for high
 1663  risk and handicapped children and their families, as outlined in
 1664  this section, as a basis for the intraagency and interagency
 1665  program coordination, monitoring, and analysis required in this
 1666  chapter. The continuum shall be the guide for the comprehensive
 1667  statewide approach for services for high-risk pregnant women and
 1668  for high-risk and handicapped children and their families, and
 1669  may be expanded or reduced as necessary for the enhancement of
 1670  those services. Expansion or reduction of the continuum shall be
 1671  determined by intraagency or interagency findings and agreement,
 1672  whichever is applicable. Implementation of the continuum shall
 1673  be based upon applicable eligibility criteria, availability of
 1674  resources, and interagency prioritization when programs impact
 1675  both agencies, or upon single agency prioritization when
 1676  programs impact only one agency. The continuum shall include,
 1677  but not be limited to:
 1678         (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
 1679  OF HIGH-RISK CHILDREN.—
 1680         (b) Child care and early childhood programs, including, but
 1681  not limited to, subsidized child care, licensed nonsubsidized
 1682  child care facilities, family day care homes, therapeutic child
 1683  care, Head Start, and preschool programs in public and private
 1684  schools.
 1685         Section 21. Subsection (2) of section 411.221, Florida
 1686  Statutes, is amended to read:
 1687         411.221 Prevention and early assistance strategic plan;
 1688  agency responsibilities.—
 1689         (2) The strategic plan and subsequent plan revisions shall
 1690  incorporate and otherwise utilize, to the fullest extent
 1691  possible, the evaluation findings and recommendations from
 1692  intraagency, independent third-party, field projects, and
 1693  reports issued by the Auditor General or the Office of Program
 1694  Policy Analysis and Government Accountability, as well as the
 1695  recommendations of the Agency for Workforce Innovation State
 1696  Coordinating Council for School Readiness Programs.
 1697         Section 22. Paragraph (c) of subsection (4) of section
 1698  445.024, Florida Statutes, is amended to read:
 1699         445.024 Work requirements.—
 1700         (4) PRIORITIZATION OF WORK REQUIREMENTS.—Regional workforce
 1701  boards shall require participation in work activities to the
 1702  maximum extent possible, subject to federal and state funding.
 1703  If funds are projected to be insufficient to allow full-time
 1704  work activities by all program participants who are required to
 1705  participate in work activities, regional workforce boards shall
 1706  screen participants and assign priority based on the following:
 1707         (c) A participant who has access to subsidized or
 1708  unsubsidized child care services may be assigned priority for
 1709  work activities.
 1710  
 1711  Regional workforce boards may limit a participant’s weekly work
 1712  requirement to the minimum required to meet federal work
 1713  activity requirements. Regional workforce boards may develop
 1714  screening and prioritization procedures based on the allocation
 1715  of resources, the availability of community resources, the
 1716  provision of supportive services, or the work activity needs of
 1717  the service area.
 1718         Section 23. Subsection (2) of section 445.030, Florida
 1719  Statutes, is amended to read:
 1720         445.030 Transitional education and training.—In order to
 1721  assist former recipients of temporary cash assistance who are
 1722  working or actively seeking employment in continuing their
 1723  training and upgrading their skills, education, or training,
 1724  support services may be provided for up to 2 years after the
 1725  family is no longer receiving temporary cash assistance. This
 1726  section does not constitute an entitlement to transitional
 1727  education and training. If funds are not sufficient to provide
 1728  services under this section, the board of directors of Workforce
 1729  Florida, Inc., may limit or otherwise prioritize transitional
 1730  education and training.
 1731         (2) Regional workforce boards may authorize child care or
 1732  other support services in addition to services provided in
 1733  conjunction with employment. For example, a participant who is
 1734  employed full time may receive subsidized child care services
 1735  related to that employment and may also receive additional
 1736  subsidized child care services in conjunction with training to
 1737  upgrade the participant’s skills.
 1738         Section 24. Paragraph (a) of subsection (2) of section
 1739  490.014, Florida Statutes, is amended to read:
 1740         490.014 Exemptions.—
 1741         (2) No person shall be required to be licensed or
 1742  provisionally licensed under this chapter who:
 1743         (a) Is a salaried employee of a government agency; a
 1744  developmental disability facility or program; a, mental health,
 1745  alcohol, or drug abuse facility operating under chapter 393,
 1746  chapter 394, or chapter 397; the statewide subsidized child care
 1747  program, subsidized child care case management program, or child
 1748  care resource and referral network program operating under s.
 1749  411.0101 pursuant to chapter 402; a child-placing or child
 1750  caring agency licensed pursuant to chapter 409; a domestic
 1751  violence center certified pursuant to chapter 39; an accredited
 1752  academic institution; or a research institution, if such
 1753  employee is performing duties for which he or she was trained
 1754  and hired solely within the confines of such agency, facility,
 1755  or institution, so long as the employee is not held out to the
 1756  public as a psychologist pursuant to s. 490.012(1)(a).
 1757         Section 25. Paragraph (a) of subsection (4) of section
 1758  491.014, Florida Statutes, is amended to read:
 1759         491.014 Exemptions.—
 1760         (4) No person shall be required to be licensed,
 1761  provisionally licensed, registered, or certified under this
 1762  chapter who:
 1763         (a) Is a salaried employee of a government agency; a
 1764  developmental disability facility or program; a, mental health,
 1765  alcohol, or drug abuse facility operating under chapter 393,
 1766  chapter 394, or chapter 397; the statewide subsidized child care
 1767  program, subsidized child care case management program, or child
 1768  care resource and referral network program operating under s.
 1769  411.0101 pursuant to chapter 402; a child-placing or child
 1770  caring agency licensed pursuant to chapter 409; a domestic
 1771  violence center certified pursuant to chapter 39; an accredited
 1772  academic institution; or a research institution, if such
 1773  employee is performing duties for which he or she was trained
 1774  and hired solely within the confines of such agency, facility,
 1775  or institution, so long as the employee is not held out to the
 1776  public as a clinical social worker, mental health counselor, or
 1777  marriage and family therapist.
 1778         Section 26. Subsection (5) of section 1002.53, Florida
 1779  Statutes, is amended to read:
 1780         1002.53 Voluntary Prekindergarten Education Program;
 1781  eligibility and enrollment.—
 1782         (5) The early learning coalition shall provide each parent
 1783  enrolling a child in the Voluntary Prekindergarten Education
 1784  Program with a profile of every private prekindergarten provider
 1785  and public school delivering the program within the coalition’s
 1786  county where the child is being enrolled or multicounty region.
 1787  The profiles shall be provided to parents in a format prescribed
 1788  by the Agency for Workforce Innovation. The profiles must
 1789  include, at a minimum, the following information about each
 1790  provider and school:
 1791         (a) The provider’s or school’s services, curriculum,
 1792  instructor credentials, and instructor-to-student ratio; and
 1793         (b) The provider’s or school’s kindergarten readiness rate
 1794  calculated in accordance with s. 1002.69, based upon the most
 1795  recent available results of the statewide kindergarten
 1796  screening.
 1797         Section 27. Paragraph (b) of subsection (3) of section
 1798  1002.55, Florida Statutes, is amended, and subsection (5) is
 1799  added to that section, to read:
 1800         1002.55 School-year prekindergarten program delivered by
 1801  private prekindergarten providers.—
 1802         (3) To be eligible to deliver the prekindergarten program,
 1803  a private prekindergarten provider must meet each of the
 1804  following requirements:
 1805         (b) The private prekindergarten provider must:
 1806         1. Be accredited by an accrediting association that is a
 1807  member of the National Council for Private School Accreditation,
 1808  or the Florida Association of Academic Nonpublic Schools, or be
 1809  accredited by the Southern Association of Colleges and Schools,
 1810  or Western Association of Colleges and Schools, or North Central
 1811  Association of Colleges and Schools, or Middle States
 1812  Association of Colleges and Schools, or New England Association
 1813  of Colleges and Schools; and have written accreditation
 1814  standards that meet or exceed the state’s licensing requirements
 1815  under s. 402.305, s. 402.313, or s.402.3131 and require at least
 1816  one onsite visit to the provider or school before accreditation
 1817  is granted;
 1818         1. Be accredited by an accrediting association that is a
 1819  member of the National Council for Private School Accreditation,
 1820  the Commission on International and Trans-Regional
 1821  Accreditation, or the Florida Association of Academic Nonpublic
 1822  Schools and have written accreditation standards that meet or
 1823  exceed the state’s licensing requirements under s. 402.305, s.
 1824  402.313, or s. 402.3131 and require at least one onsite visit to
 1825  the provider or school before accreditation is granted;
 1826         2. Hold a current Gold Seal Quality Care designation under
 1827  s. 402.281; or
 1828         3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
 1829  and demonstrate, before delivering the Voluntary Prekindergarten
 1830  Education Program, as verified by the early learning coalition,
 1831  that the provider meets each of the requirements of the program
 1832  under this part, including, but not limited to, the requirements
 1833  for credentials and background screenings of prekindergarten
 1834  instructors under paragraphs (c) and (d), minimum and maximum
 1835  class sizes under paragraph (f), prekindergarten director
 1836  credentials under paragraph (g), and a developmentally
 1837  appropriate curriculum under s. 1002.67(2)(b).
 1838         (5) Notwithstanding paragraph (3)(b), a private
 1839  prekindergarten provider may not participate in the Voluntary
 1840  Prekindergarten Education Program if the provider has child
 1841  disciplinary policies that do not prohibit children from being
 1842  subjected to discipline that is severe, humiliating,
 1843  frightening, or associated with food, rest, toileting, spanking,
 1844  or any other form of physical punishment as provided in s.
 1845  402.305(12).
 1846         Section 28. Paragraph (c) of subsection (3) of section
 1847  1002.67, Florida Statutes, is amended to read:
 1848         1002.67 Performance standards; curricula and
 1849  accountability.—
 1850         (3)
 1851         (c)1. If the kindergarten readiness rate of a private
 1852  prekindergarten provider or public school falls below the
 1853  minimum rate adopted by the State Board of Education as
 1854  satisfactory under s. 1002.69(6), the early learning coalition
 1855  or school district, as applicable, shall require the provider or
 1856  school to submit an improvement plan for approval by the
 1857  coalition or school district, as applicable, and to implement
 1858  the plan.
 1859         2. If a private prekindergarten provider or public school
 1860  fails to meet the minimum rate adopted by the State Board of
 1861  Education as satisfactory under s. 1002.69(6) for 2 consecutive
 1862  years, the early learning coalition or school district, as
 1863  applicable, shall place the provider or school on probation and
 1864  must require the provider or school to take certain corrective
 1865  actions, including the use of a curriculum approved by the
 1866  department under paragraph (2)(c).
 1867         3. A private prekindergarten provider or public school that
 1868  is placed on probation must continue the corrective actions
 1869  required under subparagraph 2., including the use of a
 1870  curriculum approved by the department, until the provider or
 1871  school meets the minimum rate adopted by the State Board of
 1872  Education as satisfactory under s. 1002.69(6).
 1873         4. If a private prekindergarten provider or public school
 1874  remains on probation for 2 consecutive years and fails to meet
 1875  the minimum rate adopted by the State Board of Education as
 1876  satisfactory under s. 1002.69(6), the Agency for Workforce
 1877  Innovation shall require the early learning coalition or the
 1878  Department of Education shall require the school district, as
 1879  applicable, to remove, as applicable, the provider or school
 1880  from eligibility to deliver the Voluntary Prekindergarten
 1881  Education Program and receive state funds for the program.
 1882         Section 29. Paragraph (b) of subsection (6) of section
 1883  1002.71, Florida Statutes, is amended to read:
 1884         1002.71 Funding; financial and attendance reporting.—
 1885         (6)
 1886         (b)1. Each private prekindergarten provider’s and district
 1887  school board’s attendance policy must require the parent of each
 1888  student in the Voluntary Prekindergarten Education Program to
 1889  verify, each month, the student’s attendance on the prior
 1890  month’s certified student attendance.
 1891         2. The parent must submit the verification of the student’s
 1892  attendance to the private prekindergarten provider or public
 1893  school on forms prescribed by the Agency for Workforce
 1894  Innovation. The forms must include, in addition to the
 1895  verification of the student’s attendance, a certification, in
 1896  substantially the following form, that the parent continues to
 1897  choose the private prekindergarten provider or public school in
 1898  accordance with s. 1002.53 and directs that payments for the
 1899  program be made to the provider or school:
 1900  
 1901                VERIFICATION OF STUDENT’S ATTENDANCE               
 1902                AND CERTIFICATION OF PARENTAL CHOICE               
 1903  
 1904         I, ...(Name of Parent)..., swear (or affirm) that my
 1905  child,...(Name of Student)..., attended the Voluntary
 1906  Prekindergarten Education Program on the days listed above and
 1907  certify that I continue to choose ...(Name of Provider or
 1908  School)... to deliver the program for my child and direct that
 1909  program funds be paid to the provider or school for my child.
 1910  
 1911         ......(Signature of Parent)......
 1912         ......(Date)......
 1913  
 1914         3. The private prekindergarten provider or public school
 1915  must keep each original signed form for at least 2 years. Each
 1916  private prekindergarten provider must permit the early learning
 1917  coalition, and each public school must permit the school
 1918  district, to inspect the original signed forms during normal
 1919  business hours. The Agency for Workforce Innovation shall adopt
 1920  procedures for early learning coalitions and school districts to
 1921  review the original signed forms against the certified student
 1922  attendance. The review procedures shall provide for the use of
 1923  selective inspection techniques, including, but not limited to,
 1924  random sampling. Each early learning coalition and the school
 1925  districts district must comply with the review procedures.
 1926         Section 30. Paragraph (b) of subsection (4) of section
 1927  1009.64, Florida Statutes, is amended to read:
 1928         1009.64 Certified Education Paraprofessional Welfare
 1929  Transition Program.—
 1930         (4) The agencies shall complete an implementation plan that
 1931  addresses at least the following recommended components of the
 1932  program:
 1933         (b) A budget for use of incentive funding to provide
 1934  motivation to participants to succeed and excel. The budget for
 1935  incentive funding includes:
 1936         1. Funds allocated by the Legislature directly for the
 1937  program.
 1938         2. Funds that may be made available from the federal
 1939  Workforce Investment Act based on client eligibility or
 1940  requested waivers to make the clients eligible.
 1941         3. Funds made available by implementation strategies that
 1942  would make maximum use of work supplementation funds authorized
 1943  by federal law.
 1944         4. Funds authorized by strategies to lengthen participants’
 1945  eligibility for federal programs such as Medicaid, subsidized
 1946  child care services, and transportation.
 1947  
 1948  Incentives may include a stipend during periods of college
 1949  classroom training, a bonus and recognition for a high grade
 1950  point average, child care and prekindergarten services for
 1951  children of participants, and services to increase a
 1952  participant’s ability to advance to higher levels of employment.
 1953  Nonfinancial incentives should include providing a mentor or
 1954  tutor, and service incentives should continue and increase for
 1955  any participant who plans to complete the baccalaureate degree
 1956  and become a certified teacher. Services may be provided in
 1957  accordance with family choice by community colleges and school
 1958  district career centers, through family service centers and
 1959  full-service schools, or under contract with providers through
 1960  central agencies.
 1961         Section 31. This act shall take effect July 1, 2010.

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