October 16, 2019
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       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
       
       
       606-04862-10                                          20102014c3
    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    4         repealed subsidized child care program; amending s.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    6         repealed program with an updated reference to the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   12         obsolete reference to a repealed program; amending s.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   18         reference to a repealed program; deleting obsolete
   19         references relating to the repealed prekindergarten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   23         a repealed program; amending s. 402.281, F.S.;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.
  112  
  113  Be It Enacted by the Legislature of the State of Florida:
  114  
  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
  137  out:
  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.
  150  
  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.—
  157         (2)
  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
  271  section.
  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
  284  read:
  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
  366  Statutes.
  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
  417  services.
  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,
  432  must:
  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.
  443  402.3045.
  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
  447  children.
  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
  462  providers.
  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
  468  schedule.
  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
  483  information:
  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
  496  care.
  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
  520  repealed.
  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 402.3145School 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
  534  section.
  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.—
  575         (5)
  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
  588  coalitions.—
  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
  621  basis.
  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
  634  programs.
  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
  668  requirements.
  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
  758  Legislature.
  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
  782  relationships.
  783  
  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.
  849  
  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
  886  Program.
  887  
  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
  931  designee.
  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
  937  rent.
  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
  941  designee.
  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,
  980  participate.
  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
 1024  expectations:
 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
 1041  sufficiency.
 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
 1087  elements:
 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
 1094  development.
 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.
 1108  
 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.
 1141  
 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
 1185  settings.
 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.
 1227  
 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
 1253  plan.
 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
 1263  plan.
 1264         8. Two or more early learning coalitions counties may join
 1265  for purposes of planning and implementing a school readiness
 1266  program.
 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
 1271  program.
 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
 1358  subsection.
 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.
 1387  
 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
 1444  Legislature.
 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
 1501  referral.—
 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
 1556  licensed.
 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
 1571  business.
 1572         (d)(4) Provision of technical assistance to existing and
 1573  potential providers of child care services. This assistance may
 1574  include:
 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
 1586  businesses.
 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
 1600  children.
 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
 1610  children.
 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.
 1659         (5)
 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
 1716  schools.
 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.
 1742  
 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
 1828  screening.
 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.
 1877  402.305(12).
 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
 1881  accountability.—
 1882         (3)
 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.—
 1917         (6)
 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:
 1932  
 1933                VERIFICATION OF STUDENT’S ATTENDANCE               
 1934                AND CERTIFICATION OF PARENTAL CHOICE               
 1935  
 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.
 1942  
 1943         ......(Signature of Parent)......
 1944         ......(Date)......
 1945  
 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
 1964  program:
 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
 1969  program.
 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.
 1979  
 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.

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