Florida Senate - 2010 CS for CS for CS for SB 2014
By the Committees on Transportation and Economic Development
Appropriations; Children, Families, and Elder Affairs; and
Commerce; and Senator Wise
1 A bill to be entitled
2 An act relating to early learning; amending s.
3 39.0121, F.S.; deleting an obsolete reference to the
4 repealed subsidized child care program; amending s.
5 39.202, F.S.; replacing an obsolete reference to a
6 repealed program with an updated reference to the
7 school readiness program; authorizing county agencies
8 responsible for licensure or approval of child care
9 providers to be granted access to certain confidential
10 reports and records in cases of child abuse or
11 neglect; amending s. 39.5085, F.S.; deleting an
12 obsolete reference to a repealed program; amending s.
13 383.14, F.S.; replacing obsolete references to the
14 former State Coordinating Council for School Readiness
15 Programs with updated references to the Agency for
16 Workforce Innovation; transferring, renumbering, and
17 amending s. 402.25, F.S.; updating an obsolete
18 reference to a repealed program; deleting obsolete
19 references relating to the repealed prekindergarten
20 early intervention program and Florida First Start
21 Program; amending s. 402.26, F.S.; revising
22 legislative intent; updating an obsolete reference to
23 a repealed program; amending s. 402.281, F.S.;
24 establishing the Gold Seal Quality Care program within
25 the Department of Children and Family Services;
26 providing that a child care facility, large family
27 child care home, or family day care home may receive a
28 Gold Seal Quality Care designation if accredited by a
29 nationally recognized accrediting association and
30 certain requirements are met; requiring that the
31 department adopt rules establishing accreditation
32 standards; requiring that an accrediting association
33 apply to the department for participation in the
34 program; requiring that the department consult with
35 the Agency for Workforce Innovation regarding the
36 approval of accrediting associations for the program;
37 transferring and renumbering s. 402.3016, F.S.,
38 relating to Early Head Start collaboration grants;
39 transferring, renumbering, and amending s. 402.3018,
40 F.S.; transferring administration of the statewide
41 toll-free Warm-Line from the department to the agency;
42 conforming provisions; transferring, renumbering, and
43 amending s. 402.3051, F.S.; revising procedures for
44 child care market rate reimbursement and child care
45 grants; transferring authority to establish the
46 procedures from the department to the agency;
47 directing the agency to adopt a prevailing market rate
48 schedule for child care services; revising
49 definitions; authorizing the agency to enter into
50 contracts and adopt rules; amending s. 402.313, F.S.;
51 deleting obsolete provisions authorizing the
52 department to license family day care homes
53 participating in a repealed program; repealing s.
54 402.3135, F.S., relating to the subsidized child care
55 program case management program; transferring,
56 renumbering, and amending s. 402.3145, F.S.;
57 transferring administration of certain transportation
58 services for children at risk of abuse or neglect from
59 the department to the agency; revising requirements
60 for the provision of such transportation services;
61 amending s. 402.315, F.S.; revising provisions
62 relating to fees collected for child care facilities;
63 amending s. 402.45, F.S.; updating an obsolete
64 reference relating to a former council; directing the
65 Department of Health to consult with the agency
66 regarding certain training provided for contractors of
67 the community resource mother or father program;
68 amending s. 409.1671, F.S.; clarifying that a licensed
69 foster home may be dually licensed as a family day
70 care home or large family child care home and receive
71 certain payments for the same child; deleting an
72 obsolete reference to a repealed program; amending s.
73 411.01, F.S.; revising provisions relating to the
74 School Readiness Act; revising legislative intent;
75 revising the duties and responsibilities of the Agency
76 for Workforce Innovation; revising provisions for
77 school readiness plans; specifying that certain
78 program providers’ compliance with licensing standards
79 satisfies certain health screening requirements;
80 requiring early learning coalitions to maintain
81 certain direct enhancement services; deleting obsolete
82 provisions relating to the merger of early learning
83 coalitions; revising provisions for the membership of
84 early learning coalitions and the voting privileges of
85 such members; revising requirements for parental
86 choice; directing the agency to establish a formula
87 for allocating school readiness funds to each county;
88 providing for legislative notice and review of the
89 formula; amending s. 411.0101, F.S.; revising
90 requirements for services provided by the statewide
91 child care resource and referral network; updating
92 obsolete references to repealed programs; amending s.
93 411.0102, F.S.; revising provisions relating to the
94 Child Care Executive Partnership Act; updating
95 obsolete references to repealed programs; deleting
96 provisions relating to the duties of each early
97 coalition board; amending s. 411.203, F.S.; deleting
98 an obsolete reference to a repealed program;
99 conforming provisions; amending s. 411.221, F.S.;
100 updating an obsolete reference to a former council;
101 amending ss. 445.024, 445.030, 490.014, and 491.014,
102 F.S.; deleting obsolete references to repealed
103 programs; conforming provisions to the repeal of the
104 subsidized child care case management program;
105 amending ss. 1002.53, 1002.55, 1002.67, and 1002.71,
106 F.S.; revising provisions relating to the eligibility
107 requirements for private prekindergarten providers;
108 conforming provisions to changes made by the act;
109 amending s. 1009.64, F.S.; deleting an obsolete
110 reference to a repealed program; providing an
111 effective date.
113 Be It Enacted by the Legislature of the State of Florida:
115 Section 1. Subsection (7) of section 39.0121, Florida
116 Statutes, is amended to read:
117 39.0121 Specific rulemaking authority.—Pursuant to the
118 requirements of s. 120.536, the department is specifically
119 authorized to adopt, amend, and repeal administrative rules
120 which implement or interpret law or policy, or describe the
121 procedure and practice requirements necessary to implement this
122 chapter, including, but not limited to, the following:
123 (7) Federal funding requirements and procedures; foster
124 care and adoption subsidies; and subsidized independent living
125 and subsidized child care.
126 Section 2. Paragraph (a) of subsection (2) of section
127 39.202, Florida Statutes, is amended to read:
128 39.202 Confidentiality of reports and records in cases of
129 child abuse or neglect.—
130 (2) Except as provided in subsection (4), access to such
131 records, excluding the name of the reporter which shall be
132 released only as provided in subsection (5), shall be granted
133 only to the following persons, officials, and agencies:
134 (a) Employees, authorized agents, or contract providers of
135 the department, the Department of Health, the Agency for Persons
136 with Disabilities, or county agencies responsible for carrying
138 1. Child or adult protective investigations;
139 2. Ongoing child or adult protective services;
140 3. Early intervention and prevention services;
141 4. Healthy Start services;
142 5. Licensure or approval of adoptive homes, foster homes,
143 child care facilities, facilities licensed under chapter 393, or
144 family day care homes or informal child care providers who
145 receive school readiness subsidized child care funding, or other
146 homes used to provide for the care and welfare of children; or
147 6. Services for victims of domestic violence when provided
148 by certified domestic violence centers working at the
149 department’s request as case consultants or with shared clients.
151 Also, employees or agents of the Department of Juvenile Justice
152 responsible for the provision of services to children, pursuant
153 to chapters 984 and 985.
154 Section 3. Paragraph (f) of subsection (2) of section
155 39.5085, Florida Statutes, is amended to read:
156 39.5085 Relative Caregiver Program.—
158 (f) Within available funding, the Relative Caregiver
159 Program shall provide relative caregivers with family support
160 and preservation services, flexible funds in accordance with s.
161 409.165, school readiness subsidized child care, and other
162 available services in order to support the child’s safety,
163 growth, and healthy development. Children living with relative
164 caregivers who are receiving assistance under this section shall
165 be eligible for Medicaid coverage.
166 Section 4. Paragraph (b) of subsection (1) and subsection
167 (2) of section 383.14, Florida Statutes, are amended to read:
168 383.14 Screening for metabolic disorders, other hereditary
169 and congenital disorders, and environmental risk factors.—
170 (1) SCREENING REQUIREMENTS.—To help ensure access to the
171 maternal and child health care system, the Department of Health
172 shall promote the screening of all newborns born in Florida for
173 metabolic, hereditary, and congenital disorders known to result
174 in significant impairment of health or intellect, as screening
175 programs accepted by current medical practice become available
176 and practical in the judgment of the department. The department
177 shall also promote the identification and screening of all
178 newborns in this state and their families for environmental risk
179 factors such as low income, poor education, maternal and family
180 stress, emotional instability, substance abuse, and other high
181 risk conditions associated with increased risk of infant
182 mortality and morbidity to provide early intervention,
183 remediation, and prevention services, including, but not limited
184 to, parent support and training programs, home visitation, and
185 case management. Identification, perinatal screening, and
186 intervention efforts shall begin prior to and immediately
187 following the birth of the child by the attending health care
188 provider. Such efforts shall be conducted in hospitals,
189 perinatal centers, county health departments, school health
190 programs that provide prenatal care, and birthing centers, and
191 reported to the Office of Vital Statistics.
192 (b) Postnatal screening.—A risk factor analysis using the
193 department’s designated risk assessment instrument shall also be
194 conducted as part of the medical screening process upon the
195 birth of a child and submitted to the department’s Office of
196 Vital Statistics for recording and other purposes provided for
197 in this chapter. The department’s screening process for risk
198 assessment shall include a scoring mechanism and procedures that
199 establish thresholds for notification, further assessment,
200 referral, and eligibility for services by professionals or
201 paraprofessionals consistent with the level of risk. Procedures
202 for developing and using the screening instrument, notification,
203 referral, and care coordination services, reporting
204 requirements, management information, and maintenance of a
205 computer-driven registry in the Office of Vital Statistics which
206 ensures privacy safeguards must be consistent with the
207 provisions and plans established under chapter 411, Pub. L. No.
208 99-457, and this chapter. Procedures established for reporting
209 information and maintaining a confidential registry must include
210 a mechanism for a centralized information depository at the
211 state and county levels. The department shall coordinate with
212 existing risk assessment systems and information registries. The
213 department must ensure, to the maximum extent possible, that the
214 screening information registry is integrated with the
215 department’s automated data systems, including the Florida On
216 line Recipient Integrated Data Access (FLORIDA) system. Tests
217 and screenings must be performed by the State Public Health
218 Laboratory, in coordination with Children’s Medical Services, at
219 such times and in such manner as is prescribed by the department
220 after consultation with the Genetics and Infant Screening
221 Advisory Council and the Agency for Workforce Innovation State
222 Coordinating Council for School Readiness Programs.
223 (2) RULES.—After consultation with the Genetics and Newborn
224 Screening Advisory Council, the department shall adopt and
225 enforce rules requiring that every newborn in this state shall,
226 prior to becoming 1 week of age, be subjected to a test for
227 phenylketonuria and, at the appropriate age, be tested for such
228 other metabolic diseases and hereditary or congenital disorders
229 as the department may deem necessary from time to time. After
230 consultation with the Agency for Workforce Innovation State
231 Coordinating Council for School Readiness Programs, the
232 department shall also adopt and enforce rules requiring every
233 newborn in this state to be screened for environmental risk
234 factors that place children and their families at risk for
235 increased morbidity, mortality, and other negative outcomes. The
236 department shall adopt such additional rules as are found
237 necessary for the administration of this section and s. 383.145,
238 including rules providing definitions of terms, rules relating
239 to the methods used and time or times for testing as accepted
240 medical practice indicates, rules relating to charging and
241 collecting fees for the administration of the newborn screening
242 program authorized by this section, rules for processing
243 requests and releasing test and screening results, and rules
244 requiring mandatory reporting of the results of tests and
245 screenings for these conditions to the department.
246 Section 5. Section 402.25, Florida Statutes, is
247 transferred, renumbered as section 411.0106, Florida Statutes,
248 and amended to read:
249 411.0106 402.25 Infants and toddlers in state-funded
250 education and care programs; brain development activities.—Each
251 state-funded education and care program for children from birth
252 to 5 years of age must provide activities to foster brain
253 development in infants and toddlers. A program must provide an
254 environment that helps children attain the performance standards
255 adopted by the Agency for Workforce Innovation under s.
256 411.01(4)(d)8. and must be rich in language and music and filled
257 with objects of various colors, shapes, textures, and sizes to
258 stimulate visual, tactile, auditory, and linguistic senses in
259 the children and must include classical music and at least 30
260 minutes of reading to the children each day. A program may be
261 offered through an existing early childhood program such as
262 Healthy Start, the Title I program, the school readiness program
263 contracted or directly operated subsidized child care, the
264 prekindergarten early intervention program, Florida First Start,
265 the Head Start program, or a private child care program. A
266 program must provide training for the infants’ and toddlers’
267 parents including direct dialogue and interaction between
268 teachers and parents demonstrating the urgency of brain
269 development in the first year of a child’s life. Family day care
270 centers are encouraged, but not required, to comply with this
272 Section 6. Subsection (5) of section 402.26, Florida
273 Statutes, is amended to read:
274 402.26 Child care; legislative intent.—
275 (5) It is the further intent of the Legislature to provide
276 and make accessible child care opportunities for children at
277 risk, economically disadvantaged children, and other children
278 traditionally disenfranchised from society. In achieving this
279 intent, the Legislature shall develop a school readiness program
280 subsidized child care system, a range of child care options,
281 support services, and linkages with other programs to fully meet
282 the child care needs of this population.
283 Section 7. Section 402.281, Florida Statutes, is amended to
285 402.281 Gold Seal Quality Care program.—
286 (1)(a) There is established within the department the Gold
287 Seal Quality Care Program.
288 (b) A child care facility facilities, large family child
289 care home homes, or family day care home homes that is are
290 accredited by a nationally recognized accrediting association
291 approved by the department under subsection (3) and meets all
292 other requirements shall, upon application to the department,
293 whose standards substantially meet or exceed the National
294 Association for the Education of Young Children (NAEYC), the
295 National Association of Family Child Care, and the National
296 Early Childhood Program Accreditation Commission shall receive a
297 separate “Gold Seal Quality Care” designation to operate as a
298 gold seal child care facility, large family child care home, or
299 family day care home.
300 (2) The department shall adopt rules establishing Gold Seal
301 Quality Care accreditation standards based on the applicable
302 accrediting standards of the National Association for the
303 Education of Young Children (NAEYC), the National Association of
304 Family Child Care, and the National Early Childhood Program
305 Accreditation Commission.
306 (3)(a) In order to be approved by the department for
307 participation in the Gold Seal Quality Care program, an
308 accrediting association must apply to the department and
309 demonstrate that it:
310 1. Is a nationally recognized accrediting association.
311 2. Has accrediting standards that substantially meet or
312 exceed the Gold Seal Quality Care standards adopted by the
313 department under subsection (2).
314 (b) In approving accrediting associations, the department
315 shall consult with the Department of Education, the Agency for
316 Workforce Innovation, the Florida Head Start Directors
317 Association, the Florida Association of Child Care Management,
318 the Florida Family Day Care Association, the Florida Children’s
319 Forum, the Early Childhood Association of Florida, the Child
320 Development Education Alliance, providers receiving exemptions
321 under s. 402.316, and parents.
322 (2) In developing the Gold Seal Quality Care program
323 standards, the department shall consult with the Department of
324 Education, the Florida Head Start Directors Association, the
325 Florida Association of Child Care Management, the Florida Family
326 Day Care Association, the Florida Children’s Forum, the State
327 Coordinating Council for School Readiness Programs, the Early
328 Childhood Association of Florida, the National Association for
329 Child Development Education, providers receiving exemptions
330 under s. 402.316 , and parents, for the purpose of approving the
331 accrediting associations.
332 (4) (3) In order to obtain and maintain a designation as a
333 Gold Seal Quality Care provider, a child care facility, large
334 family child care home, or family day care home must meet the
335 following additional criteria:
336 (a) The child care provider must not have had any class I
337 violations, as defined by rule, within the 2 years preceding its
338 application for designation as a Gold Seal Quality Care
339 provider. Commission of a class I violation shall be grounds for
340 termination of the designation as a Gold Seal Quality Care
341 provider until the provider has no class I violations for a
342 period of 2 years.
343 (b) The child care provider must not have had three or more
344 class II violations, as defined by rule, within the 2 years
345 preceding its application for designation as a Gold Seal Quality
346 Care provider. Commission of three or more class II violations
347 within a 2-year period shall be grounds for termination of the
348 designation as a Gold Seal Quality Care provider until the
349 provider has no class II violations for a period of 1 year.
350 (c) The child care provider must not have been cited for
351 the same class III violation, as defined by rule, three or more
352 times within the 2 years preceding its application for
353 designation as a Gold Seal Quality Care provider. Commission of
354 the same class III violation three or more times during a 2-year
355 period shall be grounds for termination of the designation as a
356 Gold Seal Quality Care provider until the provider has no class
357 III violations for a period of 1 year.
358 (5) (4) The Department of Children and Family Services shall
359 adopt rules under ss. 120.536(1) and 120.54 which provide
360 criteria and procedures for reviewing and approving accrediting
361 associations for participation in the Gold Seal Quality Care
362 program, conferring and revoking designations of Gold Seal
363 Quality Care providers, and classifying violations.
364 Section 8. Section 402.3016, Florida Statutes, is
365 transferred and renumbered as section 411.0104, Florida
367 Section 9. Section 402.3018, Florida Statutes, is
368 transferred, renumbered as section 411.01015, Florida Statutes,
369 and amended to read:
370 411.01015 402.3018 Consultation to child care centers and
371 family day care homes regarding health, developmental,
372 disability, and special needs issues.—
373 (1) Contingent upon specific appropriations, the Agency for
374 Workforce Innovation shall administer department is directed to
375 contract with the statewide resource information and referral
376 agency for a statewide toll-free Warm-Line for the purpose of
377 providing assistance and consultation to child care centers and
378 family day care homes regarding health, developmental,
379 disability, and special needs issues of the children they are
380 serving, particularly children with disabilities and other
381 special needs.
382 (2) The purpose of the Warm-Line is to provide advice to
383 child care personnel concerning strategies, curriculum, and
384 environmental adaptations that allow a child with a disability
385 or special need to derive maximum benefit from the child care
386 services experience.
387 (3) The Agency for Workforce Innovation department shall
388 annually inform child care centers and family day care homes of
389 the availability of this service through the child care resource
390 and referral network under s. 411.0101 , on an annual basis.
391 (4) Contingent upon specific appropriations, the Agency for
392 Workforce Innovation department shall expand, or contract for
393 the expansion of, the Warm-Line to maintain at least one Warm
394 Line site in each early learning coalition service area from one
395 statewide site to one Warm-Line site in each child care resource
396 and referral agency region.
397 (5) Each regional Warm-Line shall provide assistance and
398 consultation to child care centers and family day care homes
399 regarding health, developmental, disability, and special needs
400 issues of the children they are serving, particularly children
401 with disabilities and other special needs. Regional Warm-Line
402 staff shall provide onsite technical assistance, when requested,
403 to assist child care centers and family day care homes with
404 inquiries relative to the strategies, curriculum, and
405 environmental adaptations the child care centers and family day
406 care homes may need as they serve children with disabilities and
407 other special needs.
408 Section 10. Section 402.3051, Florida Statutes, is
409 transferred, renumbered as section 411.01013, Florida Statutes,
410 and amended to read:
411 (Substantial rewording of section. See
412 s. 402.3051, F.S., for present text.)
413 411.01013 Prevailing market rate schedule.—
414 (1) As used in this section, the term:
415 (a) “Market rate” means the price that a child care
416 provider charges for daily, weekly, or monthly child care
418 (b) “Prevailing market rate” means the annually determined
419 75th percentile of a reasonable frequency distribution of the
420 market rate in a predetermined geographic market at which child
421 care providers charge a person for child care services.
422 (2) The Agency for Workforce Innovation shall establish
423 procedures for the adoption of a prevailing market rate
424 schedule. The schedule must include, at a minimum, county-by
425 county rates:
426 (a) At the prevailing market rate, plus the maximum rate,
427 for child care providers that hold a Gold Seal Quality Care
428 designation under s. 402.281.
429 (b) At the prevailing market rate for child care providers
430 that do not hold a Gold Seal Quality Care designation.
431 (3) The prevailing market rate schedule, at a minimum,
433 (a) Differentiate rates by type, including, but not limited
434 to, a child care provider that holds a Gold Seal Quality Care
435 designation under s. 402.281, a child care facility licensed
436 under s. 402.305, a public or nonpublic school exempt from
437 licensure under s. 402.3025, a faith-based child care facility
438 exempt from licensure under s. 402.316 that does not hold a Gold
439 Seal Quality Care designation, a large family child care home
440 licensed under s. 402.3131, a family day care home licensed or
441 registered under s. 402.313, or an after-school program that is
442 not defined as child care under rules adopted pursuant to s.
444 (b) Differentiate rates by the type of child care services
445 provided for children with special needs or risk categories,
446 infants, toddlers, preschool-age children, and school-age
448 (c) Differentiate rates between full-time and part-time
449 child care services.
450 (d) Consider discounted rates for child care services for
451 multiple children in a single family.
452 (4) The prevailing market rate schedule must be based
453 exclusively on the prices charged for child care services. If a
454 conflict exists between this subsection and federal
455 requirements, the federal requirements shall control.
456 (5) The prevailing market rate shall be considered by an
457 early learning coalition in the adoption of a payment schedule
458 in accordance with s. 411.01(5)(e)2.
459 (6) The Agency for Workforce Innovation may contract with
460 one or more qualified entities to administer this section and
461 provide support and technical assistance for child care
463 (7) The Agency for Workforce Innovation may adopt rules
464 pursuant to ss. 120.536(1) and 120.54 for establishing
465 procedures for the collection of child care providers’ market
466 rate, the calculation of a reasonable frequency distribution of
467 the market rate, and the publication of a prevailing market rate
469 Section 11. Subsection (1) of section 402.313, Florida
470 Statutes, is amended to read:
471 402.313 Family day care homes.—
472 (1) Family day care homes shall be licensed under this act
473 if they are presently being licensed under an existing county
474 licensing ordinance , if they are participating in the subsidized
475 child care program, or if the board of county commissioners
476 passes a resolution that family day care homes be licensed. If
477 no county authority exists for the licensing of a family day
478 care home, the department shall have the authority to license
479 family day care homes under contract for the purchase-of-service
480 system in the subsidized child care program.
481 (a) If not subject to license, family day care homes shall
482 register annually with the department, providing the following
484 1. The name and address of the home.
485 2. The name of the operator.
486 3. The number of children served.
487 4. Proof of a written plan to provide at least one other
488 competent adult to be available to substitute for the operator
489 in an emergency. This plan shall include the name, address, and
490 telephone number of the designated substitute.
491 5. Proof of screening and background checks.
492 6. Proof of successful completion of the 30-hour training
493 course, as evidenced by passage of a competency examination,
494 which shall include:
495 a. State and local rules and regulations that govern child
497 b. Health, safety, and nutrition.
498 c. Identifying and reporting child abuse and neglect.
499 d. Child development, including typical and atypical
500 language development; and cognitive, motor, social, and self
501 help skills development.
502 e. Observation of developmental behaviors, including using
503 a checklist or other similar observation tools and techniques to
504 determine a child’s developmental level.
505 f. Specialized areas, including early literacy and language
506 development of children from birth to 5 years of age, as
507 determined by the department, for owner-operators of family day
508 care homes.
509 7. Proof that immunization records are kept current.
510 8. Proof of completion of the required continuing education
511 units or clock hours.
512 (b) A family day care home not participating in the
513 subsidized child care program may volunteer to be licensed under
514 the provisions of this act.
515 (c) The department may provide technical assistance to
516 counties and family day care home providers to enable counties
517 and family day care providers to achieve compliance with family
518 day care homes standards.
519 Section 12. Section 402.3135, Florida Statutes, is
521 Section 13. Section 402.3145, Florida Statutes, is
522 transferred, renumbered as section 411.01014, Florida Statutes,
523 and amended to read:
524 411.01014 402.3145 School readiness Subsidized child care
525 transportation services program.—
526 (1) The Agency for Workforce Innovation department,
527 pursuant to chapter 427, may authorize an early learning
528 coalition to shall establish school readiness a subsidized child
529 care transportation services system for children at risk of
530 abuse or neglect participating in the school readiness
531 subsidized child care program. The early learning coalitions may
532 state community child care coordination agencies shall contract
533 for the provision of transportation services as required by this
535 (2) The transportation servicers may only system shall
536 provide transportation to each child participating in the school
537 readiness program to the extent that such subsidized child care
538 when, and only when, transportation is necessary to provide
539 child care opportunities that which otherwise would not be
540 available to a child whose home is more than a reasonable
541 walking distance from the nearest child care facility or family
542 day care home.
543 Section 14. Subsection (3) of section 402.315, Florida
544 Statutes, is amended to read:
545 402.315 Funding; license fees.—
546 (3) The department shall collect a fee for any license it
547 issues for a child care facility, family day care home, or large
548 family child care home pursuant to ss. 402.305, 402.313, and
549 402.3131 s. 402.308.
550 (a) For a child care facility licensed pursuant to s.
551 402.305, such fee shall be $1 per child based on the licensed
552 capacity of the facility, except that the minimum fee shall be
553 $25 per facility center and the maximum fee shall be $100 per
554 facility center.
555 (b) For a family day care home registered pursuant to s.
556 402.313, such fee shall be $25.
557 (c) For a family day care home licensed pursuant to s.
558 402.313, such fee shall be $50.
559 (d) For a large family child care home licensed pursuant to
560 s. 402.3131, such fee shall be $60.
561 Section 15. Subsection (6) of section 402.45, Florida
562 Statutes, is amended to read:
563 402.45 Community resource mother or father program.—
564 (6) Individuals under contract to provide community
565 resource mother or father services shall participate in
566 preservice and ongoing training as determined by the Department
567 of Health in consultation with the Agency for Workforce
568 Innovation State Coordinating Council for School Readiness
569 Programs. A community resource mother or father shall not be
570 assigned a client caseload until all preservice training
571 requirements are completed.
572 Section 16. Paragraph (c) of subsection (5) of section
573 409.1671, Florida Statutes, is amended to read:
574 409.1671 Foster care and related services; outsourcing.—
576 (c) A foster home dually licensed home under s. 409.175 may
577 this section shall be dually licensed as a child care home under
578 chapter 402 and may eligible to receive a foster care
579 maintenance both an out-of-home care payment and, to the extent
580 permitted under federal law, school readiness funding a
581 subsidized child care payment for the same child pursuant to
582 federal law. The department may adopt administrative rules
583 necessary to administer this paragraph.
584 Section 17. Paragraphs (a), (d), (e), (f), (g), and (h) of
585 subsection (2) and subsections (4) through (11) of section
586 411.01, Florida Statutes, are amended to read:
587 411.01 School readiness programs; early learning
589 (2) LEGISLATIVE INTENT.—
590 (a) The Legislature recognizes that school readiness
591 programs increase children’s chances of achieving future
592 educational success and becoming productive members of society.
593 It is the intent of the Legislature that the programs be
594 developmentally appropriate, research-based, involve the parent
595 parents as a their child’s first teacher, serve as preventive
596 measures for children at risk of future school failure, enhance
597 the educational readiness of eligible children, and support
598 family education. Each school readiness program shall provide
599 the elements necessary to prepare at-risk children for school,
600 including health screening and referral and an appropriate
601 educational program.
602 (d) It is the intent of the Legislature that the
603 administrative staff at the state level for school readiness
604 programs be kept to the minimum necessary to administer the
605 duties of the Agency for Workforce Innovation and early learning
606 coalitions. The Agency for Workforce Innovation shall adopt
607 system support services at the state level to build a
608 comprehensive early learning system. Each early learning
609 coalition shall implement and maintain direct enhancement
610 services at the local level, as approved in its school readiness
611 plan by the Agency for Workforce Innovation, and ensure access
612 to such services in all 67 counties , as the school readiness
613 programs are to be regionally designed, operated, and managed,
614 with the Agency for Workforce Innovation developing school
615 readiness program performance standards and outcome measures and
616 approving and reviewing early learning coalitions and school
617 readiness plans.
618 (e) It is the intent of the Legislature that appropriations
619 for combined school readiness programs shall not be less than
620 the programs would receive in any fiscal year on an uncombined
622 (e) (f) It is the intent of the Legislature that the school
623 readiness program coordinate and operate in conjunction with the
624 district school systems. However, it is also the intent of the
625 Legislature that the school readiness program not be construed
626 as part of the system of free public schools but rather as a
627 separate program for children under the age of kindergarten
628 eligibility, funded separately from the system of free public
629 schools, utilizing a mandatory sliding fee scale, and providing
630 an integrated and seamless system of school readiness services
631 for the state’s birth-to-kindergarten population.
632 (g) It is the intent of the Legislature that the federal
633 child care income tax credit be preserved for school readiness
635 (f) (h) It is the intent of the Legislature that school
636 readiness services shall be an integrated and seamless program
637 system of services with a developmentally appropriate education
638 component for the state’s eligible birth-to-kindergarten
639 population described in subsection (6) and shall not be
640 construed as part of the seamless K-20 education system.
641 (4) AGENCY FOR WORKFORCE INNOVATION.—
642 (a) The Agency for Workforce Innovation shall administer
643 school readiness programs at the state level and shall
644 coordinate with the early learning coalitions in providing
645 school readiness services on a full-day, full-year, full-choice
646 basis to the extent possible in order to enable parents to work
647 and be financially self-sufficient.
648 (b) The Agency for Workforce Innovation shall:
649 1. Coordinate the birth-to-kindergarten services for
650 children who are eligible under subsection (6) and the
651 programmatic, administrative, and fiscal standards under this
652 section for all public providers of school readiness programs.
653 2. Continue to provide unified leadership for school
654 readiness through early learning coalitions.
655 2. 3. Focus on improving the educational quality of all
656 program providers participating in publicly funded school
657 readiness programs.
658 (c) The Governor shall designate the Agency for Workforce
659 Innovation as the lead agency for purposes of administration of
660 the federal Child Care and Development Fund, 45 C.F.R. parts 98
661 and 99, and the agency for Workforce Innovation may be
662 designated by the Governor as the lead agency and, if so
663 designated, shall comply with the lead agency responsibilities
664 under federal law.
665 (d) The Agency for Workforce Innovation shall:
666 1. Be responsible for the prudent use of all public and
667 private funds in accordance with all legal and contractual
669 2. Provide final approval and every 2 years periodic review
670 of early learning coalitions and school readiness plans.
671 3. Establish Provide leadership for the enhancement of
672 school readiness in this state by aggressively establishing a
673 unified approach to the state’s efforts toward enhancement of
674 school readiness. In support of this effort, the Agency for
675 Workforce Innovation shall adopt may develop and implement
676 specific system support services strategies that address the
677 state’s school readiness programs. An early learning coalition
678 shall amend its school readiness plan to conform to the specific
679 system support services adopted by the Agency for Workforce
680 Innovation. System support services shall include, but are not
681 limited to:
682 a. Child care resource and referral services;
683 b. Warm-Line services;
684 c. Eligibility determinations;
685 d. Child performance standards;
686 e. Child screening and assessment;
687 f. Developmentally appropriate curricula;
688 g. Health and safety requirements;
689 h. Statewide data system requirements; and
690 i. Rating and improvement systems.
691 4. Safeguard the effective use of federal, state, local,
692 and private resources to achieve the highest possible level of
693 school readiness for the children in this state.
694 5. Adopt a rule establishing criteria for the expenditure
695 of funds designated for the purpose of funding activities to
696 improve the quality of child care within the state in accordance
697 with s. 658G of the federal Child Care and Development Block
698 Grant Act.
699 6. 5. Provide technical assistance to early learning
700 coalitions in a manner determined by the Agency for Workforce
701 Innovation based upon information obtained by the agency from
702 various sources, including, but not limited to, public input,
703 government reports, private interest group reports, agency
704 monitoring visits, and coalition requests for service.
705 7. In cooperation with the Department of Education and
706 early learning coalitions, coordinate with the Child Care
707 Services Program Office of the Department of Children and Family
708 Services to minimize duplicating interagency activities, health
709 and safety monitoring, and acquiring and composing data
710 pertaining to child care training and credentialing.
711 6. Assess gaps in service.
712 7. Provide technical assistance to counties that form a
713 multicounty region served by an early learning coalition.
714 8. Develop and adopt performance standards and outcome
715 measures for school readiness programs. The performance
716 standards must address the age-appropriate progress of children
717 in the development of the school readiness skills required under
718 paragraph (j). The performance standards for children from birth
719 to 5 3 years of age in school readiness programs must be
720 integrated with the performance standards adopted by the
721 Department of Education for children in the Voluntary
722 Prekindergarten Education Program under s. 1002.67.
723 9. Adopt a standard contract that must be used by the
724 coalitions when contracting with school readiness providers.
725 (e) The Agency for Workforce Innovation may adopt rules
726 under ss. 120.536(1) and 120.54 to administer the provisions of
727 law conferring duties upon the agency, including, but not
728 limited to, rules governing the administration of system support
729 services preparation and implementation of the school readiness
730 programs system, the collection of data, the approval of early
731 learning coalitions and school readiness plans, the provision of
732 a method whereby an early learning coalition may serve two or
733 more counties, the award of incentives to early learning
734 coalitions, child performance standards, child outcome measures,
735 and the issuance of waivers, and the implementation of the
736 state’s Child Care and Development Fund Plan as approved by the
737 federal Administration for Children and Families.
738 (f) The Agency for Workforce Innovation shall have all
739 powers necessary to administer this section, including, but not
740 limited to, the power to receive and accept grants, loans, or
741 advances of funds from any public or private agency and to
742 receive and accept from any source contributions of money,
743 property, labor, or any other thing of value, to be held, used,
744 and applied for purposes of this section.
745 (g) Except as provided by law, the Agency for Workforce
746 Innovation may not impose requirements on a child care or early
747 childhood education provider that does not deliver services
748 under the a school readiness programs program or receive state
749 or federal funds under this section.
750 (h) The Agency for Workforce Innovation shall have a budget
751 for the school readiness programs system, which shall be
752 financed through an annual appropriation made for purposes of
753 this section in the General Appropriations Act.
754 (i) The Agency for Workforce Innovation shall coordinate
755 the efforts toward school readiness in this state and provide
756 independent policy analyses, data analyses, and recommendations
757 to the Governor, the State Board of Education, and the
759 (j) The Agency for Workforce Innovation shall require that
760 each early learning coalition’s school readiness programs
761 program must, at a minimum, enhance the age-appropriate progress
762 of each child in attaining the performance standards adopted
763 under subparagraph (d)8. and in the development of the following
764 school readiness skills:
765 1. Compliance with rules, limitations, and routines.
766 2. Ability to perform tasks.
767 3. Interactions with adults.
768 4. Interactions with peers.
769 5. Ability to cope with challenges.
770 6. Self-help skills.
771 7. Ability to express the child’s needs.
772 8. Verbal communication skills.
773 9. Problem-solving skills.
774 10. Following of verbal directions.
775 11. Demonstration of curiosity, persistence, and
776 exploratory behavior.
777 12. Interest in books and other printed materials.
778 13. Paying attention to stories.
779 14. Participation in art and music activities.
780 15. Ability to identify colors, geometric shapes, letters
781 of the alphabet, numbers, and spatial and temporal
784 Within 30 days after enrollment The Agency for Workforce
785 Innovation shall also require that, before a child is enrolled
786 in the an early learning coalition’s school readiness program,
787 the early learning coalition must ensure that the program
788 provider obtains information is obtained by the coalition or the
789 school readiness provider regarding the child’s immunizations,
790 physical development, and other health requirements as
791 necessary, including appropriate vision and hearing screening
792 and examinations. For a program provider licensed by the
793 Department of Children and Family Services, the provider’s
794 compliance with s. 402.305(9), as verified pursuant to s.
795 402.311, shall satisfy this requirement.
796 (k) The Agency for Workforce Innovation shall conduct
797 studies and planning activities related to the overall
798 improvement and effectiveness of the outcome measures adopted by
799 the agency for school readiness programs and the specific system
800 support services to address the state’s school readiness
801 programs adopted by the Agency for Workforce Innovation in
802 accordance with subparagraph (d)3.
803 (l) The Agency for Workforce Innovation shall monitor and
804 evaluate the performance of each early learning coalition in
805 administering the school readiness program, implementing the
806 coalition’s school readiness plan, and administering the
807 Voluntary Prekindergarten Education Program. These monitoring
808 and performance evaluations must include, at a minimum, onsite
809 monitoring of each coalition’s finances, management, operations,
810 and programs.
811 (m) The Agency for Workforce Innovation shall identify best
812 practices of early learning coalitions in order to improve the
813 outcomes of school readiness programs.
814 (m) (n) The Agency for Workforce Innovation shall submit an
815 annual report of its activities conducted under this section to
816 the Governor, the executive director of the Florida Healthy Kids
817 Corporation, the President of the Senate, the Speaker of the
818 House of Representatives, and the minority leaders of both
819 houses of the Legislature. In addition, the Agency for Workforce
820 Innovation’s reports and recommendations shall be made available
821 to the State Board of Education, the Florida Early Learning
822 Advisory Council and , other appropriate state agencies and
823 entities , district school boards, central agencies, and county
824 health departments. The annual report must provide an analysis
825 of school readiness activities across the state, including the
826 number of children who were served in the programs.
827 (n) (o) The Agency for Workforce Innovation shall work with
828 the early learning coalitions to ensure availability of training
829 and support for parental increase parents’ training for and
830 involvement in their children’s early preschool education and to
831 provide family literacy activities and services programs.
832 (5) CREATION OF EARLY LEARNING COALITIONS.—
833 (a) Early learning coalitions.—
834 1. Each early learning coalition shall maintain direct
835 enhancement services at the local level and ensure access to
836 such services in all 67 counties.
837 2. 1. The Agency for Workforce Innovation shall establish
838 the minimum number of children to be served by each early
839 learning coalition through the coalition’s school readiness
840 program. The Agency for Workforce Innovation may only approve
841 school readiness plans in accordance with this minimum number.
842 The minimum number must be uniform for every early learning
843 coalition and must:
844 a. Permit 31 30 or fewer coalitions to be established; and
845 b. Require each coalition to serve at least 2,000 children
846 based upon the average number of all children served per month
847 through the coalition’s school readiness program during the
848 previous 12 months.
850 The Agency for Workforce Innovation shall adopt procedures for
851 merging early learning coalitions, including procedures for the
852 consolidation of merging coalitions, and for the early
853 termination of the terms of coalition members which are
854 necessary to accomplish the mergers. Each early learning
855 coalition must comply with the merger procedures and shall be
856 organized in accordance with this subparagraph by April 1, 2005.
857 By June 30, 2005, each coalition must complete the transfer of
858 powers, duties, functions, rules, records, personnel, property,
859 and unexpended balances of appropriations, allocations, and
860 other funds to the successor coalition, if applicable.
861 3. 2. If an early learning coalition would serve fewer
862 children than the minimum number established under subparagraph
863 2. 1., the coalition must merge with another county to form a
864 multicounty coalition. The Agency for Workforce Innovation shall
865 adopt procedures for merging early learning coalitions,
866 including procedures for the consolidation of merging
867 coalitions, and for the early termination of the terms of
868 coalition members which are necessary to accomplish the mergers.
869 However, the Agency for Workforce Innovation may authorize an
870 early learning coalition to serve fewer children than the
871 minimum number established under subparagraph 2. 1., if:
872 a. The coalition demonstrates to the Agency for Workforce
873 Innovation that merging with another county or multicounty
874 region contiguous to the coalition would cause an extreme
875 hardship on the coalition;
876 b. The Agency for Workforce Innovation has determined
877 during the most recent annual review of the coalition’s school
878 readiness plan, or through monitoring and performance
879 evaluations conducted under paragraph (4)(l), that the coalition
880 has substantially implemented its plan and substantially met the
881 performance standards and outcome measures adopted by the
882 agency; and
883 c. The coalition demonstrates to the Agency for Workforce
884 Innovation the coalition’s ability to effectively and
885 efficiently implement the Voluntary Prekindergarten Education
888 If an early learning coalition fails or refuses to merge as
889 required by this subparagraph, the Agency for Workforce
890 Innovation may dissolve the coalition and temporarily contract
891 with a qualified entity to continue school readiness and
892 prekindergarten services in the coalition’s county or
893 multicounty region until the agency reestablishes the coalition
894 and a new is reestablished through resubmission of a school
895 readiness plan is approved and approval by the agency.
896 3. Notwithstanding the provisions of subparagraphs 1. and
897 2., the early learning coalitions in Sarasota, Osceola, and
898 Santa Rosa Counties which were in operation on January 1, 2005,
899 are established and authorized to continue operation as
900 independent coalitions, and shall not be counted within the
901 limit of 30 coalitions established in subparagraph 1.
902 4. Each early learning coalition shall be composed of at
903 least 15 18 members but not more than 30 35 members. The Agency
904 for Workforce Innovation shall adopt standards establishing
905 within this range the minimum and maximum number of members that
906 may be appointed to an early learning coalition and procedures
907 for identifying which members have voting privileges under
908 subparagraph 6. These standards must include variations for a
909 coalition serving a multicounty region. Each early learning
910 coalition must comply with these standards.
911 5. The Governor shall appoint the chair and two other
912 members of each early learning coalition, who must each meet the
913 same qualifications as private sector business members appointed
914 by the coalition under subparagraph 7.
915 6. Each early learning coalition must include the following
916 member positions; however, in a multicounty coalition, each ex
917 officio member position may be filled by multiple nonvoting
918 members but no more than one voting member shall be seated per
919 member position. If an early learning coalition has more than
920 one member representing the same entity, only one of such
921 members may serve as a voting member members:
922 a. A Department of Children and Family Services circuit
923 district administrator or his or her designee who is authorized
924 to make decisions on behalf of the department.
925 b. A district superintendent of schools or his or her
926 designee who is authorized to make decisions on behalf of the
927 district , who shall be a nonvoting member.
928 c. A regional workforce board executive director or his or
929 her designee.
930 d. A county health department director or his or her
932 e. A children’s services council or juvenile welfare board
933 chair or executive director, if applicable , who shall be a
934 nonvoting member if the council or board is the fiscal agent of
935 the coalition or if the council or board contracts with and
936 receives funds from the coalition for any purpose other than
938 f. An agency head of a local licensing agency as defined in
939 s. 402.302, where applicable.
940 g. A president of a community college or his or her
942 h. One member appointed by a board of county commissioners
943 or the governing board of a municipality.
944 i. A central agency administrator, where applicable , who
945 shall be a nonvoting member.
946 j. A Head Start director , who shall be a nonvoting member.
947 k. A representative of private for-profit child care
948 providers, including private for-profit family day care homes ,
949 who shall be a nonvoting member.
950 l. A representative of faith-based child care providers ,
951 who shall be a nonvoting member.
952 m. A representative of programs for children with
953 disabilities under the federal Individuals with Disabilities
954 Education Act , who shall be a nonvoting member.
955 7. Including the members appointed by the Governor under
956 subparagraph 5., more than one-third of the members of each
957 early learning coalition must be private sector business members
958 who do not have, and none of whose relatives as defined in s.
959 112.3143 has, a substantial financial interest in the design or
960 delivery of the Voluntary Prekindergarten Education Program
961 created under part V of chapter 1002 or the coalition’s school
962 readiness program. To meet this requirement an early learning
963 coalition must appoint additional members from a list of
964 nominees submitted to the coalition by a chamber of commerce or
965 economic development council within the geographic region served
966 by the coalition. The Agency for Workforce Innovation shall
967 establish criteria for appointing private sector business
968 members. These criteria must include standards for determining
969 whether a member or relative has a substantial financial
970 interest in the design or delivery of the Voluntary
971 Prekindergarten Education Program or the coalition’s school
972 readiness program.
973 8. A majority of the voting membership of an early learning
974 coalition constitutes a quorum required to conduct the business
975 of the coalition. An early learning coalition board may use any
976 method of telecommunications to conduct meetings, including
977 establishing a quorum through telecommunications, provided that
978 the public is given proper notice of a telecommunications
979 meeting and reasonable access to observe and, when appropriate,
981 9. A voting member of an early learning coalition may not
982 appoint a designee to act in his or her place, except as
983 otherwise provided in this paragraph. A voting member may send a
984 representative to coalition meetings, but that representative
985 does not have voting privileges. When a district administrator
986 for the Department of Children and Family Services appoints a
987 designee to an early learning coalition, the designee is the
988 voting member of the coalition, and any individual attending in
989 the designee’s place, including the district administrator, does
990 not have voting privileges.
991 10. Each member of an early learning coalition is subject
992 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
993 112.3143(3)(a), each voting member is a local public officer who
994 must abstain from voting when a voting conflict exists.
995 11. For purposes of tort liability, each member or employee
996 of an early learning coalition shall be governed by s. 768.28.
997 12. An early learning coalition serving a multicounty
998 region must include representation from each county.
999 13. Each early learning coalition shall establish terms for
1000 all appointed members of the coalition. The terms must be
1001 staggered and must be a uniform length that does not exceed 4
1002 years per term. Coalition chairs shall be appointed for 4 years
1003 in conjunction with their membership on the Early Learning
1004 Advisory Council under s. 20.052. Appointed members may serve a
1005 maximum of two consecutive terms. When a vacancy occurs in an
1006 appointed position, the coalition must advertise the vacancy.
1007 (b) Limitation.—Except as provided by law, the early
1008 learning coalitions may not impose requirements on a child care
1009 or early childhood education provider that does not deliver
1010 services under the school readiness programs or receive state,
1011 federal, required maintenance of effort, or matching funds under
1012 this section.
1013 (b) Program participation. —The school readiness program
1014 shall be established for children from birth to the beginning of
1015 the school year for which a child is eligible for admission to
1016 kindergarten in a public school under s. 1003.21 (1)(a)2. The
1017 program shall be administered by the early learning coalition.
1018 Within funding limitations, the early learning coalition, along
1019 with all providers, shall make reasonable efforts to accommodate
1020 the needs of children for extended-day and extended-year
1021 services without compromising the quality of the program.
1022 (c) Program expectations.—
1023 1. The school readiness program must meet the following
1025 a. The program must, at a minimum, enhance the age
1026 appropriate progress of each child in attaining the development
1027 of the school readiness skills required under paragraph (4)(j),
1028 as measured by the performance standards and outcome measures
1029 adopted by the Agency for Workforce Innovation.
1030 b. The program must provide extended-day and extended-year
1031 services to the maximum extent possible without compromising the
1032 quality of the program to meet the needs of parents who work.
1033 c. The program There must provide a be coordinated
1034 professional staff development system that supports the
1035 achievement and maintenance of core competencies by school
1036 readiness instructors in helping children attain the performance
1037 standards and outcome measures adopted by the Agency for
1038 Workforce Innovation and teaching opportunities.
1039 d. There must be expanded access to community services and
1040 resources for families to help achieve economic self
1042 e. There must be a single point of entry and unified
1043 waiting list. As used in this sub-subparagraph, the term “single
1044 point of entry” means an integrated information system that
1045 allows a parent to enroll his or her child in the school
1046 readiness program at various locations throughout a the county
1047 or multicounty region served by an early learning coalition,
1048 that may allow a parent to enroll his or her child by telephone
1049 or through an Internet website, and that uses a unified waiting
1050 list to track eligible children waiting for enrollment in the
1051 school readiness program. The Agency for Workforce Innovation
1052 shall establish through technology a single statewide
1053 information system that each coalition must use for the purposes
1054 of managing the integrates each early learning coalition’s
1055 single point of entry, tracking children’s progress,
1056 coordinating services among stakeholders, determining
1057 eligibility, tracking child attendance, and streamlining
1058 administrative processes for providers and early learning
1059 coalitions and each coalition must use the statewide system.
1060 f. The Agency for Workforce Innovation must consider the
1061 access of eligible children to the school readiness program, as
1062 demonstrated in part by waiting lists, before approving a
1063 proposed increase in payment rates submitted by an early
1064 learning coalition. In addition, early learning coalitions shall
1065 use school readiness funds made available due to enrollment
1066 shifts from school readiness programs to the Voluntary
1067 Prekindergarten Education Program for increasing the number of
1068 children served in school readiness programs before increasing
1069 payment rates.
1070 g. There must be a community plan to address the needs of
1071 all eligible children.
1072 g. h. The program must meet all state licensing guidelines,
1073 where applicable.
1074 h. The program must ensure that minimum standards for child
1075 discipline practices are age-appropriate. Such standards must
1076 provide that children not be subjected to discipline that is
1077 severe, humiliating, or frightening or discipline that is
1078 associated with food, rest, or toileting. Spanking or any other
1079 form of physical punishment is prohibited.
1080 2. Each The early learning coalition must implement a
1081 comprehensive program of school readiness services in accordance
1082 with the rules adopted by the agency which that enhance the
1083 cognitive, social, and physical development of children to
1084 achieve the performance standards and outcome measures adopted
1085 by the agency for Workforce Innovation. At a minimum, these
1086 programs must contain the following system support service
1088 a. Developmentally appropriate curriculum designed to
1089 enhance the age-appropriate progress of children in attaining
1090 the performance standards adopted by the Agency for Workforce
1091 Innovation under subparagraph (4)(d)8.
1092 b. A character development program to develop basic values.
1093 c. An age-appropriate screening assessment of each child’s
1095 d. An age-appropriate assessment A pretest administered to
1096 children when they enter a program and an age-appropriate
1097 assessment a posttest administered to children when they leave
1098 the program.
1099 e. An appropriate staff-to-children ratio, pursuant to s.
1100 402.305(4) or s. 402.302(7) or (8), as applicable, and as
1101 verified pursuant to s. 402.311.
1102 f. A healthy and safe environment pursuant to s.
1103 401.305(5), (6), and (7), as applicable, and as verified
1104 pursuant to s. 402.311.
1105 g. A resource and referral network established under s.
1106 411.0101 to assist parents in making an informed choice and a
1107 regional Warm-Line under s. 411.01015.
1109 The Agency for Workforce Innovation, the Department of
1110 Education, and early learning coalitions shall coordinate with
1111 the Child Care Services Program Office of the Department of
1112 Children and Family Services to minimize duplicating interagency
1113 activities pertaining to acquiring and composing data for child
1114 care training and credentialing.
1115 (d) Implementation.—
1116 1. An early learning coalition may not implement the school
1117 readiness program until the coalition is authorized through
1118 approval of the coalition’s school readiness plan by the Agency
1119 for Workforce Innovation.
1120 2. Each early learning coalition shall coordinate with one
1121 another to implement a comprehensive program of school readiness
1122 services which enhances the cognitive, social, physical, and
1123 moral character of the children to achieve the performance
1124 standards and outcome measures and which helps families achieve
1125 economic self-sufficiency. Such program must contain, at a
1126 minimum, the following elements: develop a plan for implementing
1127 a. Implement the school readiness program to meet the
1128 requirements of this section and the system support services,
1129 performance standards, and outcome measures adopted by the
1130 Agency for Workforce Innovation.
1131 b. The plan must Demonstrate how the program will ensure
1132 that each 3-year-old and 4-year-old child from birth through 5
1133 years of age in a publicly funded school readiness program
1134 receives scheduled activities and instruction designed to
1135 enhance the age-appropriate progress of the children in
1136 attaining the performance standards adopted by the Agency for
1137 Workforce Innovation under subparagraph (4)(d)8.
1138 c. Ensure that the coalition has solicited and considered
1139 comments regarding the proposed school readiness plan from the
1140 local community.
1142 Before implementing the school readiness program, the early
1143 learning coalition must submit the plan to the Agency for
1144 Workforce Innovation for approval. The Agency for Workforce
1145 Innovation may approve the plan, reject the plan, or approve the
1146 plan with conditions. The Agency for Workforce Innovation shall
1147 review school readiness plans at least every 2 years annually.
1148 3. If the Agency for Workforce Innovation determines during
1149 the annual review of school readiness plans, or through
1150 monitoring and performance evaluations conducted under paragraph
1151 (4)(l), that an early learning coalition has not substantially
1152 implemented its plan, has not substantially met the performance
1153 standards and outcome measures adopted by the agency, or has not
1154 effectively administered the school readiness program or
1155 Voluntary Prekindergarten Education Program, the Agency for
1156 Workforce Innovation may dissolve the coalition and temporarily
1157 contract with a qualified entity to continue school readiness
1158 and prekindergarten services in the coalition’s county or
1159 multicounty region until the agency reestablishes the coalition
1160 and a new the coalition is reestablished through resubmission of
1161 a school readiness plan is approved in accordance with the rules
1162 adopted and approval by the agency.
1163 4. The Agency for Workforce Innovation shall adopt rules
1164 establishing criteria for the approval of school readiness
1165 plans. The criteria must be consistent with the system support
1166 services, performance standards, and outcome measures adopted by
1167 the agency and must require each approved plan to include the
1168 following minimum standards and provisions for the school
1169 readiness program:
1170 a. A community plan that addresses the needs of all
1171 children and providers within the coalition’s county or
1172 multicounty region.
1173 b. a. A sliding fee scale establishing a copayment for
1174 parents based upon their ability to pay, which is the same for
1175 all program providers , to be implemented and reflected in each
1176 program’s budget.
1177 c. b. A choice of settings and locations in licensed,
1178 registered, religious-exempt, or school-based programs to be
1179 provided to parents.
1180 c. Instructional staff who have completed the training
1181 course as required in s. 402.305 (2)(d)1., as well as staff who
1182 have additional training or credentials as required by the
1183 Agency for Workforce Innovation. The plan must provide a method
1184 for assuring the qualifications of all personnel in all program
1186 d. Specific eligibility priorities for children within the
1187 early learning coalition’s county or multicounty region in
1188 accordance with subsection (6).
1189 e. Performance standards and outcome measures adopted by
1190 the Agency for Workforce Innovation.
1191 f. Payment rates adopted by the early learning coalitions
1192 coalition and approved by the Agency for Workforce Innovation.
1193 Payment rates may not have the effect of limiting parental
1194 choice or creating standards or levels of services that have not
1195 been expressly established authorized by the Legislature, unless
1196 the creation of such standards or levels of service, which must
1197 be uniform throughout the state, have been approved by the
1198 Federal Government and result in the state being eligible to
1199 receive additional federal funds available for early learning on
1200 a statewide basis.
1201 g. Systems support services, including a central agency,
1202 child care resource and referral, eligibility determinations,
1203 training of providers, and parent support and involvement.
1204 g. h. Direct enhancement services for to families and
1205 children. System support and direct enhancement services shall
1206 be in addition to payments for the placement of children in
1207 school readiness programs. Direct enhancement services for
1208 families may include parent training and involvement activities
1209 and strategies to meet the needs of unique populations and local
1210 eligibility priorities. Enhancement services for children may
1211 include provider supports and professional development approved
1212 in the plan by the Agency for Workforce Innovation.
1213 h. i. The business organization of the early learning
1214 coalition, which must include the coalition’s articles of
1215 incorporation and bylaws if the coalition is organized as a
1216 corporation. If the coalition is not organized as a corporation
1217 or other business entity, the plan must include the contract
1218 with a fiscal agent. An early learning coalition may contract
1219 with other coalitions to achieve efficiency in multicounty
1220 services, and these contracts may be part of the coalition’s
1221 school readiness plan.
1222 i. The implementation of locally developed quality programs
1223 in accordance with the requirements adopted by the agency under
1224 subparagraph (4)(d)5.
1225 j. Strategies to meet the needs of unique populations, such
1226 as migrant workers.
1228 As part of the school readiness plan, The Agency for Workforce
1229 Innovation early learning coalition may request the Governor to
1230 apply for a waiver to allow the coalition to administer the Head
1231 Start Program to accomplish the purposes of the school readiness
1232 program. If a school readiness plan demonstrates that specific
1233 statutory goals can be achieved more effectively by using
1234 procedures that require modification of existing rules,
1235 policies, or procedures, a request for a waiver to the Agency
1236 for Workforce Innovation may be submitted as part of the plan.
1237 Upon review, the Agency for Workforce Innovation may grant the
1238 proposed modification.
1239 5. Persons with an early childhood teaching certificate may
1240 provide support and supervision to other staff in the school
1241 readiness program.
1242 6. An early learning coalition may not implement its school
1243 readiness plan until it submits the plan to and receives
1244 approval from the Agency for Workforce Innovation. Once the plan
1245 is approved, the plan and the services provided under the plan
1246 shall be controlled by the early learning coalition. The plan
1247 shall be reviewed and revised as necessary, but at least
1248 biennially. An early learning coalition may not implement the
1249 revisions until the coalition submits the revised plan to and
1250 receives approval from the Agency for Workforce Innovation. If
1251 the Agency for Workforce Innovation rejects a revised plan, the
1252 coalition must continue to operate under its prior approved
1254 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
1255 apply to an early learning coalition with an approved school
1256 readiness programs plan. The Agency for Workforce Innovation To
1257 facilitate innovative practices and to allow the regional
1258 establishment of school readiness programs, an early learning
1259 coalition may apply to the Governor and Cabinet for a waiver of,
1260 and the Governor and Cabinet may waive, any of the provisions of
1261 ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
1262 for implementation of the coalition’s school readiness programs
1264 8. Two or more early learning coalitions counties may join
1265 for purposes of planning and implementing a school readiness
1267 9. An early learning coalition may, subject to approval by
1268 The Agency for Workforce Innovation as part of the coalition’s
1269 school readiness plan, receive subsidized child care funds for
1270 all children eligible for any federal subsidized child care
1272 10. An early learning coalition may enter into multiparty
1273 contracts with multicounty service providers in order to meet
1274 the needs of unique populations such as migrant workers.
1275 (e) Requests for proposals; payment schedule.—
1276 1. Each early learning coalition must comply with the
1277 procurement and expenditure procedures adopted by the Agency for
1278 Workforce Innovation, including, but not limited to, applying
1279 the procurement and expenditure procedures required by federal
1280 law for the expenditure of federal funds s. 287.057 for the
1281 procurement of commodities or contractual services from the
1282 funds described in paragraph (9)(d). The period of a contract
1283 for purchase of these commodities or contractual services,
1284 together with any renewal of the original contract, may not
1285 exceed 3 years.
1286 2. Each early learning coalition shall adopt a payment
1287 schedule that encompasses all programs funded by the coalition
1288 under this section. The payment schedule must take into
1289 consideration the prevailing relevant market rate, must include
1290 the projected number of children to be served, and must be
1291 submitted for approval by the Agency for Workforce Innovation.
1292 Informal child care arrangements shall be reimbursed at not more
1293 than 50 percent of the rate adopted developed for a family day
1294 care home.
1295 (f) Requirements relating to fiscal agents. —If an early
1296 learning coalition is not legally organized as a corporation or
1297 other business entity, the coalition must designate a fiscal
1298 agent, which may be a public entity, a private nonprofit
1299 organization, or a certified public accountant who holds a
1300 license under chapter 473. The fiscal agent must provide
1301 financial and administrative services under a contract with the
1302 early learning coalition. The fiscal agent may not provide
1303 direct early childhood education or child care services;
1304 however, a fiscal agent may provide those services upon written
1305 request of the early learning coalition to the Agency for
1306 Workforce Innovation and upon the approval of the request by the
1307 agency. The cost of the financial and administrative services
1308 shall be negotiated between the fiscal agent and the early
1309 learning coalition. If the fiscal agent is a provider of early
1310 childhood education and child care programs, the contract must
1311 specify that the fiscal agent shall act on policy direction from
1312 the early learning coalition and must not receive policy
1313 direction from its own corporate board regarding disbursal of
1314 the coalition’s funds. The fiscal agent shall disburse funds in
1315 accordance with the early learning coalition’s approved school
1316 readiness plan and based on billing and disbursement procedures
1317 approved by the Agency for Workforce Innovation. The fiscal
1318 agent must conform to all data-reporting requirements
1319 established by the Agency for Workforce Innovation.
1320 (f) (g) Evaluation and annual report.—Each early learning
1321 coalition shall conduct an evaluation of its implementation the
1322 effectiveness of the school readiness program, including system
1323 support services, performance standards, and outcome measures,
1324 and shall provide an annual report and fiscal statement to the
1325 Agency for Workforce Innovation. This report must also include
1326 an evaluation of the effectiveness of its direct enhancement
1327 services and conform to the content and format specifications
1328 adopted set by the Agency for Workforce Innovation. The Agency
1329 for Workforce Innovation must include an analysis of the early
1330 learning coalitions’ reports in the agency’s annual report.
1331 (6) PROGRAM ELIGIBILITY.—The Each early learning
1332 coalition’s school readiness program is shall be established for
1333 children from birth to the beginning of the school year for
1334 which a child is eligible for admission to kindergarten in a
1335 public school under s. 1003.21(1)(a)2. or who are eligible for
1336 any federal subsidized child care program. Each early learning
1337 coalition shall give priority for participation in the school
1338 readiness program as follows:
1339 (a) Priority shall be given first to a child from a family
1340 in which there is an adult receiving temporary cash assistance
1341 who is subject to federal work requirements.
1342 (b) Priority shall be given next to a child who is eligible
1343 for a school readiness program but who has not yet entered
1344 children age 3 years to school, entry who is are served by the
1345 Family Safety Program Office of the Department of Children and
1346 Family Services or a community-based lead agency under chapter
1347 39 or chapter 409, and for whom child care is needed to minimize
1348 risk of further abuse, neglect, or abandonment.
1349 (c) Subsequent priority shall be given to a child Other
1350 eligible populations include children who meets meet one or more
1351 of the following criteria:
1352 1. (a) A child who is younger than Children under the age of
1353 kindergarten eligibility and who are:
1354 1. Children determined to be at risk of abuse, neglect, or
1355 exploitation who are currently clients of the Family Safety
1356 Program Office of the Department of Children and Family
1357 Services, but who are not otherwise given priority under this
1359 a. 2. Is Children at risk of welfare dependency, including
1360 an economically disadvantaged child children, a child children
1361 of a participant participants in the welfare transition program,
1362 a child of a migratory agricultural worker children of migrant
1363 farmworkers, or a child and children of a teen parent parents.
1364 b. 3. Is a member Children of a working family that is
1365 economically disadvantaged families whose family income does not
1366 exceed 150 percent of the federal poverty level.
1367 c. 4. Children For whom financial assistance is provided
1368 through the state is paying a Relative Caregiver Program payment
1369 under s. 39.5085.
1370 2. (b) A 3-year-old child or Three-year-old children and 4
1371 year-old child children who may not be economically
1372 disadvantaged but who has a disability; has have disabilities,
1373 have been served in a specific part-time exceptional education
1374 program or a combination of part-time exceptional education
1375 programs with required special services, aids, or equipment; ,
1376 and was were previously reported for funding part time under
1377 with the Florida Education Finance Program as an exceptional
1378 student students.
1379 3. (c) An economically disadvantaged child children, a child
1380 children with a disability disabilities, or a child and children
1381 at risk of future school failure, from birth to 4 years of age,
1382 who is are served at home through a home visitor program
1383 programs and an intensive parent education program programs.
1384 4. (d) A child Children who meets meet federal and state
1385 eligibility requirements for the migrant preschool program but
1386 who is do not meet the criteria of economically disadvantaged.
1388 As used in this paragraph subsection, the term “economically
1389 disadvantaged” child means having a child whose family income
1390 that does not exceed 150 percent of the federal poverty level.
1391 Notwithstanding any change in a family’s economic status, but
1392 subject to additional family contributions in accordance with
1393 the sliding fee scale, a child who meets the eligibility
1394 requirements upon initial registration for the program remains
1395 eligible until the beginning of the school year for which the
1396 child is eligible for admission to kindergarten in a public
1397 school under s. 1003.21(1)(a)2.
1398 (7) PARENTAL CHOICE.—
1399 (a) Parental choice of child care providers shall be
1400 established, to the maximum extent practicable, in accordance
1401 with 45 C.F.R. s. 98.30.
1402 (b) As used in this subsection, the term “payment
1403 certificate” means a child care certificate as defined in 45
1404 C.F.R. s. 98.2.
1405 (c) The school readiness program shall, in accordance with
1406 45 C.F.R. s. 98.30, provide parental choice through a payment
1407 certificate purchase service order that ensures, to the maximum
1408 extent possible, flexibility in the school readiness program
1409 programs and payment arrangements. According to federal
1410 regulations requiring parental choice, a parent may choose an
1411 informal child care arrangement. The payment certificate
1412 purchase order must bear the names name of the beneficiary and
1413 the program provider and, when redeemed, must bear the
1414 signatures signature of both the beneficiary and an authorized
1415 representative of the provider.
1416 (d) (b) If it is determined that a provider has given
1417 provided any cash to the beneficiary in return for receiving a
1418 payment certificate the purchase order, the early learning
1419 coalition or its fiscal agent shall refer the matter to the
1420 Division of Public Assistance Fraud for investigation.
1421 (e) (c) The office of the Chief Financial Officer shall
1422 establish an electronic transfer system for the disbursement of
1423 funds in accordance with this subsection. Each early learning
1424 coalition shall fully implement the electronic funds transfer
1425 system within 2 years after approval of the coalition’s school
1426 readiness plan, unless a waiver is obtained from the Agency for
1427 Workforce Innovation.
1428 (8) STANDARDS; OUTCOME MEASURES.—A program provider
1429 participating in the All school readiness program programs must
1430 meet the performance standards and outcome measures adopted by
1431 the Agency for Workforce Innovation.
1432 (9) FUNDING; SCHOOL READINESS PROGRAM.—
1433 (a) It is the intent of this section to establish an
1434 integrated and quality seamless service delivery system for all
1435 publicly funded early childhood education and child care
1436 programs operating in this state.
1437 (b)1. The Agency for Workforce Innovation shall administer
1438 school readiness funds, plans, and policies and shall prepare
1439 and submit a unified budget request for the school readiness
1440 system in accordance with chapter 216.
1441 2. All instructions to early learning coalitions for
1442 administering this section shall emanate from the Agency for
1443 Workforce Innovation in accordance with the policies of the
1445 (c) The Agency for Workforce Innovation, subject to
1446 legislative notice and review under s. 216.177, shall establish
1447 recommend a formula for the allocation among the early learning
1448 coalitions of all state and federal school readiness funds
1449 provided for children participating in the public or private
1450 school readiness program, whether served by a public or private
1451 provider, programs based upon equity for each county and
1452 performance. The allocation formula must be submitted to the
1453 Governor, the chair of the Senate Ways and Means Committee or
1454 its successor, and the chair of the House of Representatives
1455 Fiscal Council or its successor no later than January 1 of each
1456 year. If the Legislature specifies shall specify in the annual
1457 General Appropriations Act any changes to from the allocation
1458 formula, methodology for the prior fiscal year which must be
1459 used by the Agency for Workforce Innovation shall allocate funds
1460 as specified in allocating the appropriations provided in the
1461 General Appropriations Act.
1462 (d) All state, federal, and required local maintenance-of
1463 effort, or matching funds provided to an early learning
1464 coalition for purposes of this section shall be used by the
1465 coalition for implementation of its approved school readiness
1466 plan, including the hiring of staff to effectively operate the
1467 coalition’s school readiness program. As part of plan approval
1468 and periodic plan review, The Agency for Workforce Innovation
1469 shall require that administrative costs be kept to the minimum
1470 necessary for efficient and effective administration of the
1471 school readiness plan, but total administrative expenditures
1472 must not exceed 5 percent unless specifically waived by the
1473 Agency for Workforce Innovation. The Agency for Workforce
1474 Innovation shall annually report to the Legislature any problems
1475 relating to administrative costs.
1476 (e) The Agency for Workforce Innovation shall annually
1477 distribute, to a maximum extent practicable, all eligible funds
1478 provided under this section as block grants to the early
1479 learning coalitions in accordance with the terms and conditions
1480 specified by the agency.
1481 (f) State funds appropriated for the school readiness
1482 program may not be used for the construction of new facilities
1483 or the purchase of buses. The Agency for Workforce Innovation
1484 shall present to the Legislature recommendations for providing
1485 necessary transportation services for school readiness programs.
1486 (g) All cost savings and all revenues received through a
1487 mandatory sliding fee scale shall be used to help fund each
1488 early learning coalition’s school readiness program.
1489 (10) CONFLICTING PROVISIONS.—If In the event of a conflict
1490 exists between this section and federal requirements, the
1491 federal requirements shall control.
1492 (11) PLACEMENTS.—Notwithstanding any other provision of
1493 this section to the contrary, the first children to be placed in
1494 the school readiness program shall be those from families
1495 receiving temporary cash assistance and subject to federal work
1496 requirements. Subsequent placements shall be made in accordance
1497 with subsection (6).
1498 Section 18. Section 411.0101, Florida Statutes, is amended
1499 to read:
1500 411.0101 Child care and early childhood resource and
1502 (1) As a part of the school readiness programs, the Agency
1503 for Workforce Innovation shall establish a statewide child care
1504 resource and referral network that is unbiased and provides
1505 referrals to families for child care. Preference shall be given
1506 to using the already established early learning coalitions as
1507 the child care resource and referral agencies agency. If an
1508 early learning coalition cannot comply with the requirements to
1509 offer the resource information component or does not want to
1510 offer that service, the early learning coalition shall select
1511 the resource and referral information agency for its county or
1512 multicounty region based upon a request for proposal pursuant to
1513 s. 411.01(5)(e)1.
1514 (2) At least one child care resource and referral agency
1515 must be established in each early learning coalition’s county or
1516 multicounty region. The Agency for Workforce Innovation shall
1517 adopt rules regarding accessibility of child care resource and
1518 referral services offered through child care resource and
1519 referral agencies in each county or multicounty region which
1520 include, at a minimum, required hours of operation, methods by
1521 which parents may request services, and child care resource and
1522 referral staff training requirements.
1523 (3) Child care resource and referral agencies shall provide
1524 the following services:
1525 (a) (1) Identification of existing public and private child
1526 care and early childhood education services, including child
1527 care services by public and private employers, and the
1528 development of a resource file of those services through the
1529 single statewide information system developed by the Agency for
1530 Workforce Innovation under s. 411.01(5)(c)1.e. These services
1531 may include family day care, public and private child care
1532 programs, the Voluntary Prekindergarten Education Program, Head
1533 Start, the school readiness program prekindergarten early
1534 intervention programs, special education programs for
1535 prekindergarten handicapped children with disabilities, services
1536 for children with developmental disabilities, full-time and
1537 part-time programs, before-school and after-school programs,
1538 vacation care programs, parent education, the WAGES Program, and
1539 related family support services. The resource file shall
1540 include, but not be limited to:
1541 1. (a) Type of program.
1542 2. (b) Hours of service.
1543 3. (c) Ages of children served.
1544 4. (d) Number of children served.
1545 5. (e) Significant program information.
1546 6. (f) Fees and eligibility for services.
1547 7. (g) Availability of transportation.
1548 (b) (2) The establishment of a referral process that which
1549 responds to parental need for information and that which is
1550 provided with full recognition of the confidentiality rights of
1551 parents. The resource and referral network programs shall make
1552 referrals to legally operating licensed child care facilities.
1553 Referrals may not shall be made to a an unlicensed child care
1554 facility that is operating illegally or arrangement only if
1555 there is no requirement that the facility or arrangement be
1557 (c) (3) Maintenance of ongoing documentation of requests for
1558 service tabulated through the internal referral process through
1559 the single statewide information system. The following
1560 documentation of requests for service shall be maintained by the
1561 all child care resource and referral network agencies:
1562 1. (a) Number of calls and contacts to the child care
1563 resource information and referral network agency component by
1564 type of service requested.
1565 2. (b) Ages of children for whom service was requested.
1566 3. (c) Time category of child care requests for each child.
1567 4. (d) Special time category, such as nights, weekends, and
1568 swing shift.
1569 5. (e) Reason that the child care is needed.
1570 6. (f) Name of the employer and primary focus of the
1572 (d) (4) Provision of technical assistance to existing and
1573 potential providers of child care services. This assistance may
1575 1. (a) Information on initiating new child care services,
1576 zoning, and program and budget development and assistance in
1577 finding such information from other sources.
1578 2. (b) Information and resources which help existing child
1579 care services providers to maximize their ability to serve
1580 children and parents in their community.
1581 3. (c) Information and incentives that may which could help
1582 existing or planned child care services offered by public or
1583 private employers seeking to maximize their ability to serve the
1584 children of their working parent employees in their community,
1585 through contractual or other funding arrangements with
1587 (e) (5) Assistance to families and employers in applying for
1588 various sources of subsidy including, but not limited to, the
1589 Voluntary Prekindergarten Education Program, the school
1590 readiness program subsidized child care, Head Start,
1591 prekindergarten early intervention programs, Project
1592 Independence, private scholarships, and the federal child and
1593 dependent care tax credit.
1594 (6) Assistance to state agencies in determining the market
1595 rate for child care.
1596 (f) (7) Assistance in negotiating discounts or other special
1597 arrangements with child care providers.
1598 (8) Information and assistance to local interagency
1599 councils coordinating services for prekindergarten handicapped
1601 (g) (9) Assistance to families in identifying summer
1602 recreation camp and summer day camp programs, and in evaluating
1603 the health and safety qualities of summer recreation camp and
1604 summer day camp programs, and in evaluating the health and
1605 safety qualities of summer camp programs. Contingent upon
1606 specific appropriation, a checklist of important health and
1607 safety qualities that parents can use to choose their summer
1608 camp programs shall be developed and distributed in a manner
1609 that will reach parents interested in such programs for their
1611 (h) (10) A child care facility licensed under s. 402.305 and
1612 licensed and registered family day care homes must provide the
1613 statewide child care and resource and referral network agencies
1614 with the following information annually:
1615 1. (a) Type of program.
1616 2. (b) Hours of service.
1617 3. (c) Ages of children served.
1618 4. (d) Fees and eligibility for services.
1619 (4) (11) The Agency for Workforce Innovation shall adopt any
1620 rules necessary for the implementation and administration of
1621 this section.
1622 Section 19. Subsection (3), paragraph (b) of subsection
1623 (4), and paragraphs (c) and (d) of subsection (5) of section
1624 411.0102, Florida Statutes, are amended to read:
1625 411.0102 Child Care Executive Partnership Act; findings and
1626 intent; grant; limitation; rules.—
1627 (3) There is created a body politic and corporate known as
1628 the Child Care Executive Partnership which shall establish and
1629 govern the Child Care Executive Partnership Program. The purpose
1630 of the Child Care Executive Partnership Program is to utilize
1631 state and federal funds as incentives for matching local funds
1632 derived from local governments, employers, charitable
1633 foundations, and other sources , so that Florida communities may
1634 create local flexible partnerships with employers. The Child
1635 Care Executive Partnership Program funds shall be used at the
1636 discretion of local communities to meet the needs of working
1637 parents. A child care purchasing pool shall be developed with
1638 the state, federal, and local funds to provide subsidies to low
1639 income working parents whose family income does not exceed the
1640 allowable income for any federally subsidized child care program
1641 who are eligible for subsidized child care with a dollar-for
1642 dollar match from employers, local government, and other
1643 matching contributions. The funds used from the child care
1644 purchasing pool must be used to supplement or extend the use of
1645 existing public or private funds.
1646 (4) The Child Care Executive Partnership, staffed by the
1647 Agency for Workforce Innovation, shall consist of a
1648 representative of the Executive Office of the Governor and nine
1649 members of the corporate or child care community, appointed by
1650 the Governor.
1651 (b) The Child Care Executive Partnership shall be chaired
1652 by a member chosen by a majority vote and shall meet at least
1653 quarterly and at other times upon the call of the chair. The
1654 Child Care Executive Partnership may use any method of
1655 telecommunications to conduct meetings, including establishing a
1656 quorum through telecommunications, only if the public is given
1657 proper notice of a telecommunications meeting and reasonable
1658 access to observe and, when appropriate, participate.
1660 (c) The Agency for Workforce Innovation, in conjunction
1661 with the Child Care Executive Partnership, shall develop
1662 procedures for disbursement of funds through the child care
1663 purchasing pools. In order to be considered for funding, an
1664 early learning coalition or the Agency for Workforce Innovation
1665 must commit to:
1666 1. Matching the state purchasing pool funds on a dollar
1667 for-dollar basis; and
1668 2. Expending only those public funds which are matched by
1669 employers, local government, and other matching contributors who
1670 contribute to the purchasing pool. Parents shall also pay a fee,
1671 which may not shall be not less than the amount identified in
1672 the early learning coalition’s school readiness program
1673 subsidized child care sliding fee scale.
1674 (d) Each early learning coalition board shall be required
1675 to establish a community child care task force for each child
1676 care purchasing pool. The task force must be composed of
1677 employers, parents, private child care providers, and one
1678 representative from the local children’s services council, if
1679 one exists in the area of the purchasing pool. The early
1680 learning coalition is expected to recruit the task force members
1681 from existing child care councils, commissions, or task forces
1682 already operating in the area of a purchasing pool. A majority
1683 of the task force shall consist of employers. Each task force
1684 shall develop a plan for the use of child care purchasing pool
1685 funds. The plan must show how many children will be served by
1686 the purchasing pool, how many will be new to receiving child
1687 care services, and how the early learning coalition intends to
1688 attract new employers and their employees to the program.
1689 Section 20. Paragraph (b) of subsection (8) of section
1690 411.203, Florida Statutes, is amended to read:
1691 411.203 Continuum of comprehensive services.—The Department
1692 of Education and the Department of Health and Rehabilitative
1693 Services shall utilize the continuum of prevention and early
1694 assistance services for high-risk pregnant women and for high
1695 risk and handicapped children and their families, as outlined in
1696 this section, as a basis for the intraagency and interagency
1697 program coordination, monitoring, and analysis required in this
1698 chapter. The continuum shall be the guide for the comprehensive
1699 statewide approach for services for high-risk pregnant women and
1700 for high-risk and handicapped children and their families, and
1701 may be expanded or reduced as necessary for the enhancement of
1702 those services. Expansion or reduction of the continuum shall be
1703 determined by intraagency or interagency findings and agreement,
1704 whichever is applicable. Implementation of the continuum shall
1705 be based upon applicable eligibility criteria, availability of
1706 resources, and interagency prioritization when programs impact
1707 both agencies, or upon single agency prioritization when
1708 programs impact only one agency. The continuum shall include,
1709 but not be limited to:
1710 (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1711 OF HIGH-RISK CHILDREN.—
1712 (b) Child care and early childhood programs, including, but
1713 not limited to, subsidized child care, licensed nonsubsidized
1714 child care facilities, family day care homes, therapeutic child
1715 care, Head Start, and preschool programs in public and private
1717 Section 21. Subsection (2) of section 411.221, Florida
1718 Statutes, is amended to read:
1719 411.221 Prevention and early assistance strategic plan;
1720 agency responsibilities.—
1721 (2) The strategic plan and subsequent plan revisions shall
1722 incorporate and otherwise utilize, to the fullest extent
1723 possible, the evaluation findings and recommendations from
1724 intraagency, independent third-party, field projects, and
1725 reports issued by the Auditor General or the Office of Program
1726 Policy Analysis and Government Accountability, as well as the
1727 recommendations of the Agency for Workforce Innovation State
1728 Coordinating Council for School Readiness Programs.
1729 Section 22. Paragraph (c) of subsection (4) of section
1730 445.024, Florida Statutes, is amended to read:
1731 445.024 Work requirements.—
1732 (4) PRIORITIZATION OF WORK REQUIREMENTS.—Regional workforce
1733 boards shall require participation in work activities to the
1734 maximum extent possible, subject to federal and state funding.
1735 If funds are projected to be insufficient to allow full-time
1736 work activities by all program participants who are required to
1737 participate in work activities, regional workforce boards shall
1738 screen participants and assign priority based on the following:
1739 (c) A participant who has access to subsidized or
1740 unsubsidized child care services may be assigned priority for
1741 work activities.
1743 Regional workforce boards may limit a participant’s weekly work
1744 requirement to the minimum required to meet federal work
1745 activity requirements. Regional workforce boards may develop
1746 screening and prioritization procedures based on the allocation
1747 of resources, the availability of community resources, the
1748 provision of supportive services, or the work activity needs of
1749 the service area.
1750 Section 23. Subsection (2) of section 445.030, Florida
1751 Statutes, is amended to read:
1752 445.030 Transitional education and training.—In order to
1753 assist former recipients of temporary cash assistance who are
1754 working or actively seeking employment in continuing their
1755 training and upgrading their skills, education, or training,
1756 support services may be provided for up to 2 years after the
1757 family is no longer receiving temporary cash assistance. This
1758 section does not constitute an entitlement to transitional
1759 education and training. If funds are not sufficient to provide
1760 services under this section, the board of directors of Workforce
1761 Florida, Inc., may limit or otherwise prioritize transitional
1762 education and training.
1763 (2) Regional workforce boards may authorize child care or
1764 other support services in addition to services provided in
1765 conjunction with employment. For example, a participant who is
1766 employed full time may receive subsidized child care services
1767 related to that employment and may also receive additional
1768 subsidized child care services in conjunction with training to
1769 upgrade the participant’s skills.
1770 Section 24. Paragraph (a) of subsection (2) of section
1771 490.014, Florida Statutes, is amended to read:
1772 490.014 Exemptions.—
1773 (2) No person shall be required to be licensed or
1774 provisionally licensed under this chapter who:
1775 (a) Is a salaried employee of a government agency; a
1776 developmental disability facility or program; a , mental health,
1777 alcohol, or drug abuse facility operating under chapter 393,
1778 chapter 394, or chapter 397; the statewide subsidized child care
1779 program, subsidized child care case management program, or child
1780 care resource and referral network program operating under s.
1781 411.0101 pursuant to chapter 402; a child-placing or child
1782 caring agency licensed pursuant to chapter 409; a domestic
1783 violence center certified pursuant to chapter 39; an accredited
1784 academic institution; or a research institution, if such
1785 employee is performing duties for which he or she was trained
1786 and hired solely within the confines of such agency, facility,
1787 or institution, so long as the employee is not held out to the
1788 public as a psychologist pursuant to s. 490.012(1)(a).
1789 Section 25. Paragraph (a) of subsection (4) of section
1790 491.014, Florida Statutes, is amended to read:
1791 491.014 Exemptions.—
1792 (4) No person shall be required to be licensed,
1793 provisionally licensed, registered, or certified under this
1794 chapter who:
1795 (a) Is a salaried employee of a government agency; a
1796 developmental disability facility or program; a , mental health,
1797 alcohol, or drug abuse facility operating under chapter 393,
1798 chapter 394, or chapter 397; the statewide subsidized child care
1799 program, subsidized child care case management program, or child
1800 care resource and referral network program operating under s.
1801 411.0101 pursuant to chapter 402; a child-placing or child
1802 caring agency licensed pursuant to chapter 409; a domestic
1803 violence center certified pursuant to chapter 39; an accredited
1804 academic institution; or a research institution, if such
1805 employee is performing duties for which he or she was trained
1806 and hired solely within the confines of such agency, facility,
1807 or institution, so long as the employee is not held out to the
1808 public as a clinical social worker, mental health counselor, or
1809 marriage and family therapist.
1810 Section 26. Subsection (5) of section 1002.53, Florida
1811 Statutes, is amended to read:
1812 1002.53 Voluntary Prekindergarten Education Program;
1813 eligibility and enrollment.—
1814 (5) The early learning coalition shall provide each parent
1815 enrolling a child in the Voluntary Prekindergarten Education
1816 Program with a profile of every private prekindergarten provider
1817 and public school delivering the program within the coalition’s
1818 county where the child is being enrolled or multicounty region.
1819 The profiles shall be provided to parents in a format prescribed
1820 by the Agency for Workforce Innovation. The profiles must
1821 include, at a minimum, the following information about each
1822 provider and school:
1823 (a) The provider’s or school’s services, curriculum,
1824 instructor credentials, and instructor-to-student ratio; and
1825 (b) The provider’s or school’s kindergarten readiness rate
1826 calculated in accordance with s. 1002.69, based upon the most
1827 recent available results of the statewide kindergarten
1829 Section 27. Paragraph (b) of subsection (3) of section
1830 1002.55, Florida Statutes, is amended, and subsection (5) is
1831 added to that section, to read:
1832 1002.55 School-year prekindergarten program delivered by
1833 private prekindergarten providers.—
1834 (3) To be eligible to deliver the prekindergarten program,
1835 a private prekindergarten provider must meet each of the
1836 following requirements:
1837 (b) The private prekindergarten provider must:
1838 1. Be accredited by an accrediting association that is a
1839 member of the National Council for Private School Accreditation,
1840 or the Florida Association of Academic Nonpublic Schools, or be
1841 accredited by the Southern Association of Colleges and Schools,
1842 or Western Association of Colleges and Schools, or North Central
1843 Association of Colleges and Schools, or Middle States
1844 Association of Colleges and Schools, or New England Association
1845 of Colleges and Schools; and have written accreditation
1846 standards that meet or exceed the state’s licensing requirements
1847 under s. 402.305, s. 402.313, or s.402.3131 and require at least
1848 one onsite visit to the provider or school before accreditation
1849 is granted;
1850 1. Be accredited by an accrediting association that is a
1851 member of the National Council for Private School Accreditation,
1852 the Commission on International and Trans-Regional
1853 Accreditation, or the Florida Association of Academic Nonpublic
1854 Schools and have written accreditation standards that meet or
1855 exceed the state’s licensing requirements under s. 402.305 , s.
1856 402.313 , or s. 402.3131 and require at least one onsite visit to
1857 the provider or school before accreditation is granted;
1858 2. Hold a current Gold Seal Quality Care designation under
1859 s. 402.281; or
1860 3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
1861 and demonstrate, before delivering the Voluntary Prekindergarten
1862 Education Program, as verified by the early learning coalition,
1863 that the provider meets each of the requirements of the program
1864 under this part, including, but not limited to, the requirements
1865 for credentials and background screenings of prekindergarten
1866 instructors under paragraphs (c) and (d), minimum and maximum
1867 class sizes under paragraph (f), prekindergarten director
1868 credentials under paragraph (g), and a developmentally
1869 appropriate curriculum under s. 1002.67(2)(b).
1870 (5) Notwithstanding paragraph (3)(b), a private
1871 prekindergarten provider may not participate in the Voluntary
1872 Prekindergarten Education Program if the provider has child
1873 disciplinary policies that do not prohibit children from being
1874 subjected to discipline that is severe, humiliating,
1875 frightening, or associated with food, rest, toileting, spanking,
1876 or any other form of physical punishment as provided in s.
1878 Section 28. Paragraph (c) of subsection (3) of section
1879 1002.67, Florida Statutes, is amended to read:
1880 1002.67 Performance standards; curricula and
1883 (c)1. If the kindergarten readiness rate of a private
1884 prekindergarten provider or public school falls below the
1885 minimum rate adopted by the State Board of Education as
1886 satisfactory under s. 1002.69(6), the early learning coalition
1887 or school district, as applicable, shall require the provider or
1888 school to submit an improvement plan for approval by the
1889 coalition or school district, as applicable, and to implement
1890 the plan.
1891 2. If a private prekindergarten provider or public school
1892 fails to meet the minimum rate adopted by the State Board of
1893 Education as satisfactory under s. 1002.69(6) for 2 consecutive
1894 years, the early learning coalition or school district, as
1895 applicable, shall place the provider or school on probation and
1896 must require the provider or school to take certain corrective
1897 actions, including the use of a curriculum approved by the
1898 department under paragraph (2)(c).
1899 3. A private prekindergarten provider or public school that
1900 is placed on probation must continue the corrective actions
1901 required under subparagraph 2., including the use of a
1902 curriculum approved by the department, until the provider or
1903 school meets the minimum rate adopted by the State Board of
1904 Education as satisfactory under s. 1002.69(6).
1905 4. If a private prekindergarten provider or public school
1906 remains on probation for 2 consecutive years and fails to meet
1907 the minimum rate adopted by the State Board of Education as
1908 satisfactory under s. 1002.69(6), the Agency for Workforce
1909 Innovation shall require the early learning coalition or the
1910 Department of Education shall require the school district , as
1911 applicable, to remove, as applicable, the provider or school
1912 from eligibility to deliver the Voluntary Prekindergarten
1913 Education Program and receive state funds for the program.
1914 Section 29. Paragraph (b) of subsection (6) of section
1915 1002.71, Florida Statutes, is amended to read:
1916 1002.71 Funding; financial and attendance reporting.—
1918 (b)1. Each private prekindergarten provider’s and district
1919 school board’s attendance policy must require the parent of each
1920 student in the Voluntary Prekindergarten Education Program to
1921 verify, each month, the student’s attendance on the prior
1922 month’s certified student attendance.
1923 2. The parent must submit the verification of the student’s
1924 attendance to the private prekindergarten provider or public
1925 school on forms prescribed by the Agency for Workforce
1926 Innovation. The forms must include, in addition to the
1927 verification of the student’s attendance, a certification, in
1928 substantially the following form, that the parent continues to
1929 choose the private prekindergarten provider or public school in
1930 accordance with s. 1002.53 and directs that payments for the
1931 program be made to the provider or school:
1933 VERIFICATION OF STUDENT’S ATTENDANCE
1934 AND CERTIFICATION OF PARENTAL CHOICE
1936 I, ...(Name of Parent)..., swear (or affirm) that my
1937 child,...(Name of Student)..., attended the Voluntary
1938 Prekindergarten Education Program on the days listed above and
1939 certify that I continue to choose ...(Name of Provider or
1940 School)... to deliver the program for my child and direct that
1941 program funds be paid to the provider or school for my child.
1943 ......(Signature of Parent)......
1946 3. The private prekindergarten provider or public school
1947 must keep each original signed form for at least 2 years. Each
1948 private prekindergarten provider must permit the early learning
1949 coalition, and each public school must permit the school
1950 district, to inspect the original signed forms during normal
1951 business hours. The Agency for Workforce Innovation shall adopt
1952 procedures for early learning coalitions and school districts to
1953 review the original signed forms against the certified student
1954 attendance. The review procedures shall provide for the use of
1955 selective inspection techniques, including, but not limited to,
1956 random sampling. Each early learning coalition and the school
1957 districts district must comply with the review procedures.
1958 Section 30. Paragraph (b) of subsection (4) of section
1959 1009.64, Florida Statutes, is amended to read:
1960 1009.64 Certified Education Paraprofessional Welfare
1961 Transition Program.—
1962 (4) The agencies shall complete an implementation plan that
1963 addresses at least the following recommended components of the
1965 (b) A budget for use of incentive funding to provide
1966 motivation to participants to succeed and excel. The budget for
1967 incentive funding includes:
1968 1. Funds allocated by the Legislature directly for the
1970 2. Funds that may be made available from the federal
1971 Workforce Investment Act based on client eligibility or
1972 requested waivers to make the clients eligible.
1973 3. Funds made available by implementation strategies that
1974 would make maximum use of work supplementation funds authorized
1975 by federal law.
1976 4. Funds authorized by strategies to lengthen participants’
1977 eligibility for federal programs such as Medicaid, subsidized
1978 child care services, and transportation.
1980 Incentives may include a stipend during periods of college
1981 classroom training, a bonus and recognition for a high grade
1982 point average, child care and prekindergarten services for
1983 children of participants, and services to increase a
1984 participant’s ability to advance to higher levels of employment.
1985 Nonfinancial incentives should include providing a mentor or
1986 tutor, and service incentives should continue and increase for
1987 any participant who plans to complete the baccalaureate degree
1988 and become a certified teacher. Services may be provided in
1989 accordance with family choice by community colleges and school
1990 district career centers, through family service centers and
1991 full-service schools, or under contract with providers through
1992 central agencies.
1993 Section 31. This act shall take effect July 1, 2010.