July 23, 2019
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       CS for CS for CS for SB 2014                     First Engrossed
       
       
       
       
       
       
       
       
       20102014e1
       
    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    4         repealed subsidized child care program; amending s.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    6         repealed program with an updated reference to the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   12         obsolete reference to a repealed program; amending s.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   18         reference to a repealed program; deleting obsolete
   19         references relating to the repealed prekindergarten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   23         a repealed program; amending s. 402.281, F.S.;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. 1002.69, F.S.; revising provisions
  110         relating to statewide kindergarten screening and
  111         kindergarten readiness rates; authorizing the State
  112         Board of Education to grant an exemption to a private
  113         prekindergarten provider or public school if requested
  114         and good cause is shown; providing for the renewal of
  115         such exemption; requiring that certain information be
  116         submitted along with the provider’s or public school’s
  117         request for the exemption; requiring that the board
  118         adopt criteria for granting the exemption; providing
  119         that the exemption not be granted under certain
  120         circumstances; requiring notice to the Agency for
  121         Workforce Innovation of exemptions; amending s.
  122         1002.73, F.S.; requiring that the Department of
  123         Education adopt procedures for granting good cause
  124         exemptions to private prekindergarten providers and
  125         public schools; amending s. 1009.64, F.S.; deleting an
  126         obsolete reference to a repealed program; amending s.
  127         125.901, F.S.; requiring the governing body of the
  128         county to submit to the electorate the question of
  129         retention or dissolution of a special taxing district
  130         created to provide funding for children’s services;
  131         prescribing a schedule and conditions relating to
  132         submission of the question to the electorate;
  133         prescribing reauthorization conditions governing newly
  134         created children’s services districts; providing for
  135         the application of the revisions made by this act to
  136         s. 125.901, F.S., to certain children’s services
  137         special districts in existence before and after the
  138         effective date of the act; providing effective dates.
  139  
  140  Be It Enacted by the Legislature of the State of Florida:
  141  
  142         Section 1. Subsection (7) of section 39.0121, Florida
  143  Statutes, is amended to read:
  144         39.0121 Specific rulemaking authority.—Pursuant to the
  145  requirements of s. 120.536, the department is specifically
  146  authorized to adopt, amend, and repeal administrative rules
  147  which implement or interpret law or policy, or describe the
  148  procedure and practice requirements necessary to implement this
  149  chapter, including, but not limited to, the following:
  150         (7) Federal funding requirements and procedures; foster
  151  care and adoption subsidies; and subsidized independent living;
  152  and subsidized child care.
  153         Section 2. Paragraph (a) of subsection (2) of section
  154  39.202, Florida Statutes, is amended to read:
  155         39.202 Confidentiality of reports and records in cases of
  156  child abuse or neglect.—
  157         (2) Except as provided in subsection (4), access to such
  158  records, excluding the name of the reporter which shall be
  159  released only as provided in subsection (5), shall be granted
  160  only to the following persons, officials, and agencies:
  161         (a) Employees, authorized agents, or contract providers of
  162  the department, the Department of Health, the Agency for Persons
  163  with Disabilities, or county agencies responsible for carrying
  164  out:
  165         1. Child or adult protective investigations;
  166         2. Ongoing child or adult protective services;
  167         3. Early intervention and prevention services;
  168         4. Healthy Start services;
  169         5. Licensure or approval of adoptive homes, foster homes,
  170  child care facilities, facilities licensed under chapter 393, or
  171  family day care homes or informal child care providers who
  172  receive school readiness subsidized child care funding, or other
  173  homes used to provide for the care and welfare of children; or
  174         6. Services for victims of domestic violence when provided
  175  by certified domestic violence centers working at the
  176  department’s request as case consultants or with shared clients.
  177  
  178  Also, employees or agents of the Department of Juvenile Justice
  179  responsible for the provision of services to children, pursuant
  180  to chapters 984 and 985.
  181         Section 3. Paragraph (f) of subsection (2) of section
  182  39.5085, Florida Statutes, is amended to read:
  183         39.5085 Relative Caregiver Program.—
  184         (2)
  185         (f) Within available funding, the Relative Caregiver
  186  Program shall provide relative caregivers with family support
  187  and preservation services, flexible funds in accordance with s.
  188  409.165, school readiness subsidized child care, and other
  189  available services in order to support the child’s safety,
  190  growth, and healthy development. Children living with relative
  191  caregivers who are receiving assistance under this section shall
  192  be eligible for Medicaid coverage.
  193         Section 4. Paragraph (b) of subsection (1) and subsection
  194  (2) of section 383.14, Florida Statutes, are amended to read:
  195         383.14 Screening for metabolic disorders, other hereditary
  196  and congenital disorders, and environmental risk factors.—
  197         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  198  maternal and child health care system, the Department of Health
  199  shall promote the screening of all newborns born in Florida for
  200  metabolic, hereditary, and congenital disorders known to result
  201  in significant impairment of health or intellect, as screening
  202  programs accepted by current medical practice become available
  203  and practical in the judgment of the department. The department
  204  shall also promote the identification and screening of all
  205  newborns in this state and their families for environmental risk
  206  factors such as low income, poor education, maternal and family
  207  stress, emotional instability, substance abuse, and other high
  208  risk conditions associated with increased risk of infant
  209  mortality and morbidity to provide early intervention,
  210  remediation, and prevention services, including, but not limited
  211  to, parent support and training programs, home visitation, and
  212  case management. Identification, perinatal screening, and
  213  intervention efforts shall begin prior to and immediately
  214  following the birth of the child by the attending health care
  215  provider. Such efforts shall be conducted in hospitals,
  216  perinatal centers, county health departments, school health
  217  programs that provide prenatal care, and birthing centers, and
  218  reported to the Office of Vital Statistics.
  219         (b) Postnatal screening.—A risk factor analysis using the
  220  department’s designated risk assessment instrument shall also be
  221  conducted as part of the medical screening process upon the
  222  birth of a child and submitted to the department’s Office of
  223  Vital Statistics for recording and other purposes provided for
  224  in this chapter. The department’s screening process for risk
  225  assessment shall include a scoring mechanism and procedures that
  226  establish thresholds for notification, further assessment,
  227  referral, and eligibility for services by professionals or
  228  paraprofessionals consistent with the level of risk. Procedures
  229  for developing and using the screening instrument, notification,
  230  referral, and care coordination services, reporting
  231  requirements, management information, and maintenance of a
  232  computer-driven registry in the Office of Vital Statistics which
  233  ensures privacy safeguards must be consistent with the
  234  provisions and plans established under chapter 411, Pub. L. No.
  235  99-457, and this chapter. Procedures established for reporting
  236  information and maintaining a confidential registry must include
  237  a mechanism for a centralized information depository at the
  238  state and county levels. The department shall coordinate with
  239  existing risk assessment systems and information registries. The
  240  department must ensure, to the maximum extent possible, that the
  241  screening information registry is integrated with the
  242  department’s automated data systems, including the Florida On
  243  line Recipient Integrated Data Access (FLORIDA) system. Tests
  244  and screenings must be performed by the State Public Health
  245  Laboratory, in coordination with Children’s Medical Services, at
  246  such times and in such manner as is prescribed by the department
  247  after consultation with the Genetics and Infant Screening
  248  Advisory Council and the Agency for Workforce Innovation State
  249  Coordinating Council for School Readiness Programs.
  250         (2) RULES.—After consultation with the Genetics and Newborn
  251  Screening Advisory Council, the department shall adopt and
  252  enforce rules requiring that every newborn in this state shall,
  253  prior to becoming 1 week of age, be subjected to a test for
  254  phenylketonuria and, at the appropriate age, be tested for such
  255  other metabolic diseases and hereditary or congenital disorders
  256  as the department may deem necessary from time to time. After
  257  consultation with the Agency for Workforce Innovation State
  258  Coordinating Council for School Readiness Programs, the
  259  department shall also adopt and enforce rules requiring every
  260  newborn in this state to be screened for environmental risk
  261  factors that place children and their families at risk for
  262  increased morbidity, mortality, and other negative outcomes. The
  263  department shall adopt such additional rules as are found
  264  necessary for the administration of this section and s. 383.145,
  265  including rules providing definitions of terms, rules relating
  266  to the methods used and time or times for testing as accepted
  267  medical practice indicates, rules relating to charging and
  268  collecting fees for the administration of the newborn screening
  269  program authorized by this section, rules for processing
  270  requests and releasing test and screening results, and rules
  271  requiring mandatory reporting of the results of tests and
  272  screenings for these conditions to the department.
  273         Section 5. Section 402.25, Florida Statutes, is
  274  transferred, renumbered as section 411.0106, Florida Statutes,
  275  and amended to read:
  276         411.0106 402.25 Infants and toddlers in state-funded
  277  education and care programs; brain development activities.—Each
  278  state-funded education and care program for children from birth
  279  to 5 years of age must provide activities to foster brain
  280  development in infants and toddlers. A program must provide an
  281  environment that helps children attain the performance standards
  282  adopted by the Agency for Workforce Innovation under s.
  283  411.01(4)(d)8. and must be rich in language and music and filled
  284  with objects of various colors, shapes, textures, and sizes to
  285  stimulate visual, tactile, auditory, and linguistic senses in
  286  the children and must include classical music and at least 30
  287  minutes of reading to the children each day. A program may be
  288  offered through an existing early childhood program such as
  289  Healthy Start, the Title I program, the school readiness program
  290  contracted or directly operated subsidized child care, the
  291  prekindergarten early intervention program, Florida First Start,
  292  the Head Start program, or a private child care program. A
  293  program must provide training for the infants’ and toddlers’
  294  parents including direct dialogue and interaction between
  295  teachers and parents demonstrating the urgency of brain
  296  development in the first year of a child’s life. Family day care
  297  centers are encouraged, but not required, to comply with this
  298  section.
  299         Section 6. Subsection (5) of section 402.26, Florida
  300  Statutes, is amended to read:
  301         402.26 Child care; legislative intent.—
  302         (5) It is the further intent of the Legislature to provide
  303  and make accessible child care opportunities for children at
  304  risk, economically disadvantaged children, and other children
  305  traditionally disenfranchised from society. In achieving this
  306  intent, the Legislature shall develop a school readiness program
  307  subsidized child care system, a range of child care options,
  308  support services, and linkages with other programs to fully meet
  309  the child care needs of this population.
  310         Section 7. Section 402.281, Florida Statutes, is amended to
  311  read:
  312         402.281 Gold Seal Quality Care program.—
  313         (1)(a)There is established within the department the Gold
  314  Seal Quality Care Program.
  315         (b) A child care facility facilities, large family child
  316  care home homes, or family day care home homes that is are
  317  accredited by a nationally recognized accrediting association
  318  approved by the department under subsection (3) and meets all
  319  other requirements shall, upon application to the department,
  320  whose standards substantially meet or exceed the National
  321  Association for the Education of Young Children (NAEYC), the
  322  National Association of Family Child Care, and the National
  323  Early Childhood Program Accreditation Commission shall receive a
  324  separate “Gold Seal Quality Care” designation to operate as a
  325  gold seal child care facility, large family child care home, or
  326  family day care home.
  327         (2) The department shall adopt rules establishing Gold Seal
  328  Quality Care accreditation standards based on the applicable
  329  accrediting standards of the National Association for the
  330  Education of Young Children (NAEYC), the National Association of
  331  Family Child Care, and the National Early Childhood Program
  332  Accreditation Commission.
  333         (3)(a) In order to be approved by the department for
  334  participation in the Gold Seal Quality Care program, an
  335  accrediting association must apply to the department and
  336  demonstrate that it:
  337         1. Is a nationally recognized accrediting association.
  338         2. Has accrediting standards that substantially meet or
  339  exceed the Gold Seal Quality Care standards adopted by the
  340  department under subsection (2).
  341         (b) In approving accrediting associations, the department
  342  shall consult with the Department of Education, the Agency for
  343  Workforce Innovation, the Florida Head Start Directors
  344  Association, the Florida Association of Child Care Management,
  345  the Florida Family Day Care Association, the Florida Children’s
  346  Forum, the Early Childhood Association of Florida, the Child
  347  Development Education Alliance, providers receiving exemptions
  348  under s. 402.316, and parents.
  349         (2)In developing the Gold Seal Quality Care program
  350  standards, the department shall consult with the Department of
  351  Education, the Florida Head Start Directors Association, the
  352  Florida Association of Child Care Management, the Florida Family
  353  Day Care Association, the Florida Children’s Forum, the State
  354  Coordinating Council for School Readiness Programs, the Early
  355  Childhood Association of Florida, the National Association for
  356  Child Development Education, providers receiving exemptions
  357  under s. 402.316, and parents, for the purpose of approving the
  358  accrediting associations.
  359         (4)(3) In order to obtain and maintain a designation as a
  360  Gold Seal Quality Care provider, a child care facility, large
  361  family child care home, or family day care home must meet the
  362  following additional criteria:
  363         (a) The child care provider must not have had any class I
  364  violations, as defined by rule, within the 2 years preceding its
  365  application for designation as a Gold Seal Quality Care
  366  provider. Commission of a class I violation shall be grounds for
  367  termination of the designation as a Gold Seal Quality Care
  368  provider until the provider has no class I violations for a
  369  period of 2 years.
  370         (b) The child care provider must not have had three or more
  371  class II violations, as defined by rule, within the 2 years
  372  preceding its application for designation as a Gold Seal Quality
  373  Care provider. Commission of three or more class II violations
  374  within a 2-year period shall be grounds for termination of the
  375  designation as a Gold Seal Quality Care provider until the
  376  provider has no class II violations for a period of 1 year.
  377         (c) The child care provider must not have been cited for
  378  the same class III violation, as defined by rule, three or more
  379  times within the 2 years preceding its application for
  380  designation as a Gold Seal Quality Care provider. Commission of
  381  the same class III violation three or more times during a 2-year
  382  period shall be grounds for termination of the designation as a
  383  Gold Seal Quality Care provider until the provider has no class
  384  III violations for a period of 1 year.
  385         (5)(4) The Department of Children and Family Services shall
  386  adopt rules under ss. 120.536(1) and 120.54 which provide
  387  criteria and procedures for reviewing and approving accrediting
  388  associations for participation in the Gold Seal Quality Care
  389  program, conferring and revoking designations of Gold Seal
  390  Quality Care providers, and classifying violations.
  391         Section 8. Section 402.3016, Florida Statutes, is
  392  transferred and renumbered as section 411.0104, Florida
  393  Statutes.
  394         Section 9. Section 402.3018, Florida Statutes, is
  395  transferred, renumbered as section 411.01015, Florida Statutes,
  396  and amended to read:
  397         411.01015 402.3018 Consultation to child care centers and
  398  family day care homes regarding health, developmental,
  399  disability, and special needs issues.—
  400         (1) Contingent upon specific appropriations, the Agency for
  401  Workforce Innovation shall administer department is directed to
  402  contract with the statewide resource information and referral
  403  agency for a statewide toll-free Warm-Line for the purpose of
  404  providing assistance and consultation to child care centers and
  405  family day care homes regarding health, developmental,
  406  disability, and special needs issues of the children they are
  407  serving, particularly children with disabilities and other
  408  special needs.
  409         (2) The purpose of the Warm-Line is to provide advice to
  410  child care personnel concerning strategies, curriculum, and
  411  environmental adaptations that allow a child with a disability
  412  or special need to derive maximum benefit from the child care
  413  services experience.
  414         (3) The Agency for Workforce Innovation department shall
  415  annually inform child care centers and family day care homes of
  416  the availability of this service through the child care resource
  417  and referral network under s. 411.0101, on an annual basis.
  418         (4) Contingent upon specific appropriations, the Agency for
  419  Workforce Innovation department shall expand, or contract for
  420  the expansion of, the Warm-Line to maintain at least one Warm
  421  Line site in each early learning coalition service area from one
  422  statewide site to one Warm-Line site in each child care resource
  423  and referral agency region.
  424         (5) Each regional Warm-Line shall provide assistance and
  425  consultation to child care centers and family day care homes
  426  regarding health, developmental, disability, and special needs
  427  issues of the children they are serving, particularly children
  428  with disabilities and other special needs. Regional Warm-Line
  429  staff shall provide onsite technical assistance, when requested,
  430  to assist child care centers and family day care homes with
  431  inquiries relative to the strategies, curriculum, and
  432  environmental adaptations the child care centers and family day
  433  care homes may need as they serve children with disabilities and
  434  other special needs.
  435         Section 10. Section 402.3051, Florida Statutes, is
  436  transferred, renumbered as section 411.01013, Florida Statutes,
  437  and amended to read:
  438         (Substantial rewording of section. See
  439         s. 402.3051, F.S., for present text.)
  440         411.01013 Prevailing market rate schedule.—
  441         (1) As used in this section, the term:
  442         (a) Market rate” means the price that a child care
  443  provider charges for daily, weekly, or monthly child care
  444  services.
  445         (b) Prevailing market rate” means the annually determined
  446  75th percentile of a reasonable frequency distribution of the
  447  market rate in a predetermined geographic market at which child
  448  care providers charge a person for child care services.
  449         (2) The Agency for Workforce Innovation shall establish
  450  procedures for the adoption of a prevailing market rate
  451  schedule. The schedule must include, at a minimum, county-by
  452  county rates:
  453         (a) At the prevailing market rate, plus the maximum rate,
  454  for child care providers that hold a Gold Seal Quality Care
  455  designation under s. 402.281.
  456         (b) At the prevailing market rate for child care providers
  457  that do not hold a Gold Seal Quality Care designation.
  458         (3) The prevailing market rate schedule, at a minimum,
  459  must:
  460         (a) Differentiate rates by type, including, but not limited
  461  to, a child care provider that holds a Gold Seal Quality Care
  462  designation under s. 402.281, a child care facility licensed
  463  under s. 402.305, a public or nonpublic school exempt from
  464  licensure under s. 402.3025, a faith-based child care facility
  465  exempt from licensure under s. 402.316 that does not hold a Gold
  466  Seal Quality Care designation, a large family child care home
  467  licensed under s. 402.3131, a family day care home licensed or
  468  registered under s. 402.313, or an after-school program that is
  469  not defined as child care under rules adopted pursuant to s.
  470  402.3045.
  471         (b) Differentiate rates by the type of child care services
  472  provided for children with special needs or risk categories,
  473  infants, toddlers, preschool-age children, and school-age
  474  children.
  475         (c) Differentiate rates between full-time and part-time
  476  child care services.
  477         (d) Consider discounted rates for child care services for
  478  multiple children in a single family.
  479         (4) The prevailing market rate schedule must be based
  480  exclusively on the prices charged for child care services. If a
  481  conflict exists between this subsection and federal
  482  requirements, the federal requirements shall control.
  483         (5) The prevailing market rate shall be considered by an
  484  early learning coalition in the adoption of a payment schedule
  485  in accordance with s. 411.01(5)(e)2.
  486         (6) The Agency for Workforce Innovation may contract with
  487  one or more qualified entities to administer this section and
  488  provide support and technical assistance for child care
  489  providers.
  490         (7) The Agency for Workforce Innovation may adopt rules
  491  pursuant to ss. 120.536(1) and 120.54 for establishing
  492  procedures for the collection of child care providers’ market
  493  rate, the calculation of a reasonable frequency distribution of
  494  the market rate, and the publication of a prevailing market rate
  495  schedule.
  496         Section 11. Subsection (1) of section 402.313, Florida
  497  Statutes, is amended to read:
  498         402.313 Family day care homes.—
  499         (1) Family day care homes shall be licensed under this act
  500  if they are presently being licensed under an existing county
  501  licensing ordinance, if they are participating in the subsidized
  502  child care program, or if the board of county commissioners
  503  passes a resolution that family day care homes be licensed. If
  504  no county authority exists for the licensing of a family day
  505  care home, the department shall have the authority to license
  506  family day care homes under contract for the purchase-of-service
  507  system in the subsidized child care program.
  508         (a) If not subject to license, family day care homes shall
  509  register annually with the department, providing the following
  510  information:
  511         1. The name and address of the home.
  512         2. The name of the operator.
  513         3. The number of children served.
  514         4. Proof of a written plan to provide at least one other
  515  competent adult to be available to substitute for the operator
  516  in an emergency. This plan shall include the name, address, and
  517  telephone number of the designated substitute.
  518         5. Proof of screening and background checks.
  519         6. Proof of successful completion of the 30-hour training
  520  course, as evidenced by passage of a competency examination,
  521  which shall include:
  522         a. State and local rules and regulations that govern child
  523  care.
  524         b. Health, safety, and nutrition.
  525         c. Identifying and reporting child abuse and neglect.
  526         d. Child development, including typical and atypical
  527  language development; and cognitive, motor, social, and self
  528  help skills development.
  529         e. Observation of developmental behaviors, including using
  530  a checklist or other similar observation tools and techniques to
  531  determine a child’s developmental level.
  532         f. Specialized areas, including early literacy and language
  533  development of children from birth to 5 years of age, as
  534  determined by the department, for owner-operators of family day
  535  care homes.
  536         7. Proof that immunization records are kept current.
  537         8. Proof of completion of the required continuing education
  538  units or clock hours.
  539         (b) A family day care home not participating in the
  540  subsidized child care program may volunteer to be licensed under
  541  the provisions of this act.
  542         (c) The department may provide technical assistance to
  543  counties and family day care home providers to enable counties
  544  and family day care providers to achieve compliance with family
  545  day care homes standards.
  546         Section 12. Section 402.3135, Florida Statutes, is
  547  repealed.
  548         Section 13. Section 402.3145, Florida Statutes, is
  549  transferred, renumbered as section 411.01014, Florida Statutes,
  550  and amended to read:
  551         411.01014 402.3145School readiness Subsidized child care
  552  transportation services program.—
  553         (1) The Agency for Workforce Innovation department,
  554  pursuant to chapter 427, may authorize an early learning
  555  coalition to shall establish school readiness a subsidized child
  556  care transportation services system for children at risk of
  557  abuse or neglect participating in the school readiness
  558  subsidized child care program. The early learning coalitions may
  559  state community child care coordination agencies shall contract
  560  for the provision of transportation services as required by this
  561  section.
  562         (2) The transportation servicers may only system shall
  563  provide transportation to each child participating in the school
  564  readiness program to the extent that such subsidized child care
  565  when, and only when, transportation is necessary to provide
  566  child care opportunities that which otherwise would not be
  567  available to a child whose home is more than a reasonable
  568  walking distance from the nearest child care facility or family
  569  day care home.
  570         Section 14. Subsection (3) of section 402.315, Florida
  571  Statutes, is amended to read:
  572         402.315 Funding; license fees.—
  573         (3) The department shall collect a fee for any license it
  574  issues for a child care facility, family day care home, or large
  575  family child care home pursuant to ss. 402.305, 402.313, and
  576  402.3131 s. 402.308.
  577         (a) For a child care facility licensed pursuant to s.
  578  402.305, such fee shall be $1 per child based on the licensed
  579  capacity of the facility, except that the minimum fee shall be
  580  $25 per facility center and the maximum fee shall be $100 per
  581  facility center.
  582         (b) For a family day care home registered pursuant to s.
  583  402.313, such fee shall be $25.
  584         (c) For a family day care home licensed pursuant to s.
  585  402.313, such fee shall be $50.
  586         (d) For a large family child care home licensed pursuant to
  587  s. 402.3131, such fee shall be $60.
  588         Section 15. Subsection (6) of section 402.45, Florida
  589  Statutes, is amended to read:
  590         402.45 Community resource mother or father program.—
  591         (6) Individuals under contract to provide community
  592  resource mother or father services shall participate in
  593  preservice and ongoing training as determined by the Department
  594  of Health in consultation with the Agency for Workforce
  595  Innovation State Coordinating Council for School Readiness
  596  Programs. A community resource mother or father shall not be
  597  assigned a client caseload until all preservice training
  598  requirements are completed.
  599         Section 16. Paragraph (c) of subsection (5) of section
  600  409.1671, Florida Statutes, is amended to read:
  601         409.1671 Foster care and related services; outsourcing.—
  602         (5)
  603         (c) A foster home dually licensed home under s. 409.175 may
  604  this section shall be dually licensed as a child care home under
  605  chapter 402 and may eligible to receive a foster care
  606  maintenance both an out-of-home care payment and, to the extent
  607  permitted under federal law, school readiness funding a
  608  subsidized child care payment for the same child pursuant to
  609  federal law. The department may adopt administrative rules
  610  necessary to administer this paragraph.
  611         Section 17. Paragraphs (a), (d), (e), (f), (g), and (h) of
  612  subsection (2) and subsections (4) through (11) of section
  613  411.01, Florida Statutes, are amended to read:
  614         411.01 School readiness programs; early learning
  615  coalitions.—
  616         (2) LEGISLATIVE INTENT.—
  617         (a) The Legislature recognizes that school readiness
  618  programs increase children’s chances of achieving future
  619  educational success and becoming productive members of society.
  620  It is the intent of the Legislature that the programs be
  621  developmentally appropriate, research-based, involve the parent
  622  parents as a their child’s first teacher, serve as preventive
  623  measures for children at risk of future school failure, enhance
  624  the educational readiness of eligible children, and support
  625  family education. Each school readiness program shall provide
  626  the elements necessary to prepare at-risk children for school,
  627  including health screening and referral and an appropriate
  628  educational program.
  629         (d) It is the intent of the Legislature that the
  630  administrative staff at the state level for school readiness
  631  programs be kept to the minimum necessary to administer the
  632  duties of the Agency for Workforce Innovation and early learning
  633  coalitions. The Agency for Workforce Innovation shall adopt
  634  system support services at the state level to build a
  635  comprehensive early learning system. Each early learning
  636  coalition shall implement and maintain direct enhancement
  637  services at the local level, as approved in its school readiness
  638  plan by the Agency for Workforce Innovation, and ensure access
  639  to such services in all 67 counties, as the school readiness
  640  programs are to be regionally designed, operated, and managed,
  641  with the Agency for Workforce Innovation developing school
  642  readiness program performance standards and outcome measures and
  643  approving and reviewing early learning coalitions and school
  644  readiness plans.
  645         (e) It is the intent of the Legislature that appropriations
  646  for combined school readiness programs shall not be less than
  647  the programs would receive in any fiscal year on an uncombined
  648  basis.
  649         (e)(f) It is the intent of the Legislature that the school
  650  readiness program coordinate and operate in conjunction with the
  651  district school systems. However, it is also the intent of the
  652  Legislature that the school readiness program not be construed
  653  as part of the system of free public schools but rather as a
  654  separate program for children under the age of kindergarten
  655  eligibility, funded separately from the system of free public
  656  schools, utilizing a mandatory sliding fee scale, and providing
  657  an integrated and seamless system of school readiness services
  658  for the state’s birth-to-kindergarten population.
  659         (g) It is the intent of the Legislature that the federal
  660  child care income tax credit be preserved for school readiness
  661  programs.
  662         (f)(h) It is the intent of the Legislature that school
  663  readiness services shall be an integrated and seamless program
  664  system of services with a developmentally appropriate education
  665  component for the state’s eligible birth-to-kindergarten
  666  population described in subsection (6) and shall not be
  667  construed as part of the seamless K-20 education system.
  668         (4) AGENCY FOR WORKFORCE INNOVATION.—
  669         (a) The Agency for Workforce Innovation shall administer
  670  school readiness programs at the state level and shall
  671  coordinate with the early learning coalitions in providing
  672  school readiness services on a full-day, full-year, full-choice
  673  basis to the extent possible in order to enable parents to work
  674  and be financially self-sufficient.
  675         (b) The Agency for Workforce Innovation shall:
  676         1. Coordinate the birth-to-kindergarten services for
  677  children who are eligible under subsection (6) and the
  678  programmatic, administrative, and fiscal standards under this
  679  section for all public providers of school readiness programs.
  680         2. Continue to provide unified leadership for school
  681  readiness through early learning coalitions.
  682         2.3. Focus on improving the educational quality of all
  683  program providers participating in publicly funded school
  684  readiness programs.
  685         (c) The Governor shall designate the Agency for Workforce
  686  Innovation as the lead agency for purposes of administration of
  687  the federal Child Care and Development Fund, 45 C.F.R. parts 98
  688  and 99, and the agency for Workforce Innovation may be
  689  designated by the Governor as the lead agency and, if so
  690  designated, shall comply with the lead agency responsibilities
  691  under federal law.
  692         (d) The Agency for Workforce Innovation shall:
  693         1. Be responsible for the prudent use of all public and
  694  private funds in accordance with all legal and contractual
  695  requirements.
  696         2. Provide final approval and every 2 years periodic review
  697  of early learning coalitions and school readiness plans.
  698         3. Establish Provide leadership for the enhancement of
  699  school readiness in this state by aggressively establishing a
  700  unified approach to the state’s efforts toward enhancement of
  701  school readiness. In support of this effort, the Agency for
  702  Workforce Innovation shall adopt may develop and implement
  703  specific system support services strategies that address the
  704  state’s school readiness programs. An early learning coalition
  705  shall amend its school readiness plan to conform to the specific
  706  system support services adopted by the Agency for Workforce
  707  Innovation. System support services shall include, but are not
  708  limited to:
  709         a. Child care resource and referral services;
  710         b. Warm-Line services;
  711         c. Eligibility determinations;
  712         d. Child performance standards;
  713         e. Child screening and assessment;
  714         f. Developmentally appropriate curricula;
  715         g. Health and safety requirements;
  716         h. Statewide data system requirements; and
  717         i. Rating and improvement systems.
  718         4. Safeguard the effective use of federal, state, local,
  719  and private resources to achieve the highest possible level of
  720  school readiness for the children in this state.
  721         5. Adopt a rule establishing criteria for the expenditure
  722  of funds designated for the purpose of funding activities to
  723  improve the quality of child care within the state in accordance
  724  with s. 658G of the federal Child Care and Development Block
  725  Grant Act.
  726         6.5. Provide technical assistance to early learning
  727  coalitions in a manner determined by the Agency for Workforce
  728  Innovation based upon information obtained by the agency from
  729  various sources, including, but not limited to, public input,
  730  government reports, private interest group reports, agency
  731  monitoring visits, and coalition requests for service.
  732         7. In cooperation with the Department of Education and
  733  early learning coalitions, coordinate with the Child Care
  734  Services Program Office of the Department of Children and Family
  735  Services to minimize duplicating interagency activities, health
  736  and safety monitoring, and acquiring and composing data
  737  pertaining to child care training and credentialing.
  738         6. Assess gaps in service.
  739         7. Provide technical assistance to counties that form a
  740  multicounty region served by an early learning coalition.
  741         8. Develop and adopt performance standards and outcome
  742  measures for school readiness programs. The performance
  743  standards must address the age-appropriate progress of children
  744  in the development of the school readiness skills required under
  745  paragraph (j). The performance standards for children from birth
  746  to 5 3 years of age in school readiness programs must be
  747  integrated with the performance standards adopted by the
  748  Department of Education for children in the Voluntary
  749  Prekindergarten Education Program under s. 1002.67.
  750         9. Adopt a standard contract that must be used by the
  751  coalitions when contracting with school readiness providers.
  752         (e) The Agency for Workforce Innovation may adopt rules
  753  under ss. 120.536(1) and 120.54 to administer the provisions of
  754  law conferring duties upon the agency, including, but not
  755  limited to, rules governing the administration of system support
  756  services preparation and implementation of the school readiness
  757  programs system, the collection of data, the approval of early
  758  learning coalitions and school readiness plans, the provision of
  759  a method whereby an early learning coalition may serve two or
  760  more counties, the award of incentives to early learning
  761  coalitions, child performance standards, child outcome measures,
  762  and the issuance of waivers, and the implementation of the
  763  state’s Child Care and Development Fund Plan as approved by the
  764  federal Administration for Children and Families.
  765         (f) The Agency for Workforce Innovation shall have all
  766  powers necessary to administer this section, including, but not
  767  limited to, the power to receive and accept grants, loans, or
  768  advances of funds from any public or private agency and to
  769  receive and accept from any source contributions of money,
  770  property, labor, or any other thing of value, to be held, used,
  771  and applied for purposes of this section.
  772         (g) Except as provided by law, the Agency for Workforce
  773  Innovation may not impose requirements on a child care or early
  774  childhood education provider that does not deliver services
  775  under the a school readiness programs program or receive state
  776  or federal funds under this section.
  777         (h) The Agency for Workforce Innovation shall have a budget
  778  for the school readiness programs system, which shall be
  779  financed through an annual appropriation made for purposes of
  780  this section in the General Appropriations Act.
  781         (i) The Agency for Workforce Innovation shall coordinate
  782  the efforts toward school readiness in this state and provide
  783  independent policy analyses, data analyses, and recommendations
  784  to the Governor, the State Board of Education, and the
  785  Legislature.
  786         (j) The Agency for Workforce Innovation shall require that
  787  each early learning coalition’s school readiness programs
  788  program must, at a minimum, enhance the age-appropriate progress
  789  of each child in attaining the performance standards adopted
  790  under subparagraph (d)8. and in the development of the following
  791  school readiness skills:
  792         1. Compliance with rules, limitations, and routines.
  793         2. Ability to perform tasks.
  794         3. Interactions with adults.
  795         4. Interactions with peers.
  796         5. Ability to cope with challenges.
  797         6. Self-help skills.
  798         7. Ability to express the child’s needs.
  799         8. Verbal communication skills.
  800         9. Problem-solving skills.
  801         10. Following of verbal directions.
  802         11. Demonstration of curiosity, persistence, and
  803  exploratory behavior.
  804         12. Interest in books and other printed materials.
  805         13. Paying attention to stories.
  806         14. Participation in art and music activities.
  807         15. Ability to identify colors, geometric shapes, letters
  808  of the alphabet, numbers, and spatial and temporal
  809  relationships.
  810  
  811  Within 30 days after enrollment The Agency for Workforce
  812  Innovation shall also require that, before a child is enrolled
  813  in the an early learning coalition’s school readiness program,
  814  the early learning coalition must ensure that the program
  815  provider obtains information is obtained by the coalition or the
  816  school readiness provider regarding the child’s immunizations,
  817  physical development, and other health requirements as
  818  necessary, including appropriate vision and hearing screening
  819  and examinations. For a program provider licensed by the
  820  Department of Children and Family Services, the provider’s
  821  compliance with s. 402.305(9), as verified pursuant to s.
  822  402.311, shall satisfy this requirement.
  823         (k) The Agency for Workforce Innovation shall conduct
  824  studies and planning activities related to the overall
  825  improvement and effectiveness of the outcome measures adopted by
  826  the agency for school readiness programs and the specific system
  827  support services to address the state’s school readiness
  828  programs adopted by the Agency for Workforce Innovation in
  829  accordance with subparagraph (d)3.
  830         (l) The Agency for Workforce Innovation shall monitor and
  831  evaluate the performance of each early learning coalition in
  832  administering the school readiness program, implementing the
  833  coalition’s school readiness plan, and administering the
  834  Voluntary Prekindergarten Education Program. These monitoring
  835  and performance evaluations must include, at a minimum, onsite
  836  monitoring of each coalition’s finances, management, operations,
  837  and programs.
  838         (m) The Agency for Workforce Innovation shall identify best
  839  practices of early learning coalitions in order to improve the
  840  outcomes of school readiness programs.
  841         (m)(n) The Agency for Workforce Innovation shall submit an
  842  annual report of its activities conducted under this section to
  843  the Governor, the executive director of the Florida Healthy Kids
  844  Corporation, the President of the Senate, the Speaker of the
  845  House of Representatives, and the minority leaders of both
  846  houses of the Legislature. In addition, the Agency for Workforce
  847  Innovation’s reports and recommendations shall be made available
  848  to the State Board of Education, the Florida Early Learning
  849  Advisory Council and, other appropriate state agencies and
  850  entities, district school boards, central agencies, and county
  851  health departments. The annual report must provide an analysis
  852  of school readiness activities across the state, including the
  853  number of children who were served in the programs.
  854         (n)(o) The Agency for Workforce Innovation shall work with
  855  the early learning coalitions to ensure availability of training
  856  and support for parental increase parents’ training for and
  857  involvement in their children’s early preschool education and to
  858  provide family literacy activities and services programs.
  859         (5) CREATION OF EARLY LEARNING COALITIONS.—
  860         (a) Early learning coalitions.—
  861         1. Each early learning coalition shall maintain direct
  862  enhancement services at the local level and ensure access to
  863  such services in all 67 counties.
  864         2.1. The Agency for Workforce Innovation shall establish
  865  the minimum number of children to be served by each early
  866  learning coalition through the coalition’s school readiness
  867  program. The Agency for Workforce Innovation may only approve
  868  school readiness plans in accordance with this minimum number.
  869  The minimum number must be uniform for every early learning
  870  coalition and must:
  871         a. Permit 31 30 or fewer coalitions to be established; and
  872         b. Require each coalition to serve at least 2,000 children
  873  based upon the average number of all children served per month
  874  through the coalition’s school readiness program during the
  875  previous 12 months.
  876  
  877  The Agency for Workforce Innovation shall adopt procedures for
  878  merging early learning coalitions, including procedures for the
  879  consolidation of merging coalitions, and for the early
  880  termination of the terms of coalition members which are
  881  necessary to accomplish the mergers. Each early learning
  882  coalition must comply with the merger procedures and shall be
  883  organized in accordance with this subparagraph by April 1, 2005.
  884  By June 30, 2005, each coalition must complete the transfer of
  885  powers, duties, functions, rules, records, personnel, property,
  886  and unexpended balances of appropriations, allocations, and
  887  other funds to the successor coalition, if applicable.
  888         3.2. If an early learning coalition would serve fewer
  889  children than the minimum number established under subparagraph
  890  2. 1., the coalition must merge with another county to form a
  891  multicounty coalition. The Agency for Workforce Innovation shall
  892  adopt procedures for merging early learning coalitions,
  893  including procedures for the consolidation of merging
  894  coalitions, and for the early termination of the terms of
  895  coalition members which are necessary to accomplish the mergers.
  896  However, the Agency for Workforce Innovation shall grant a
  897  waiver to may authorize an early learning coalition to serve
  898  fewer children than the minimum number established under
  899  subparagraph 2. 1., if:
  900         a. The coalition demonstrates to the Agency for Workforce
  901  Innovation that merging with another county or multicounty
  902  region contiguous to the coalition would cause an extreme
  903  hardship on the coalition;
  904         a.b. The Agency for Workforce Innovation has determined
  905  during the most recent annual review of the coalition’s school
  906  readiness plan, or through monitoring and performance
  907  evaluations conducted under paragraph (4)(l), that the coalition
  908  has substantially implemented its plan and substantially met the
  909  performance standards and outcome measures adopted by the
  910  agency; and
  911         b.c. The coalition demonstrates to the Agency for Workforce
  912  Innovation the coalition’s ability to effectively and
  913  efficiently implement the Voluntary Prekindergarten Education
  914  Program; and
  915         c. The coalition demonstrates to the Agency for Workforce
  916  Innovation that the coalition can perform its duties in
  917  accordance with law.
  918  
  919  If an early learning coalition fails or refuses to merge as
  920  required by this subparagraph, the Agency for Workforce
  921  Innovation may dissolve the coalition and temporarily contract
  922  with a qualified entity to continue school readiness and
  923  prekindergarten services in the coalition’s county or
  924  multicounty region until the agency reestablishes the coalition
  925  and a new is reestablished through resubmission of a school
  926  readiness plan is approved and approval by the agency.
  927         3. Notwithstanding the provisions of subparagraphs 1. and
  928  2., the early learning coalitions in Sarasota, Osceola, and
  929  Santa Rosa Counties which were in operation on January 1, 2005,
  930  are established and authorized to continue operation as
  931  independent coalitions, and shall not be counted within the
  932  limit of 30 coalitions established in subparagraph 1.
  933         4. Each early learning coalition shall be composed of at
  934  least 15 18 members but not more than 30 35 members. The Agency
  935  for Workforce Innovation shall adopt standards establishing
  936  within this range the minimum and maximum number of members that
  937  may be appointed to an early learning coalition and procedures
  938  for identifying which members have voting privileges under
  939  subparagraph 6. These standards must include variations for a
  940  coalition serving a multicounty region. Each early learning
  941  coalition must comply with these standards.
  942         5. The Governor shall appoint the chair and two other
  943  members of each early learning coalition, who must each meet the
  944  same qualifications as private sector business members appointed
  945  by the coalition under subparagraph 7.
  946         6. Each early learning coalition must include the following
  947  member positions; however, in a multicounty coalition, each ex
  948  officio member position may be filled by multiple nonvoting
  949  members but no more than one voting member shall be seated per
  950  member position. If an early learning coalition has more than
  951  one member representing the same entity, only one of such
  952  members may serve as a voting member members:
  953         a. A Department of Children and Family Services circuit
  954  district administrator or his or her designee who is authorized
  955  to make decisions on behalf of the department.
  956         b. A district superintendent of schools or his or her
  957  designee who is authorized to make decisions on behalf of the
  958  district, who shall be a nonvoting member.
  959         c. A regional workforce board executive director or his or
  960  her designee.
  961         d. A county health department director or his or her
  962  designee.
  963         e. A children’s services council or juvenile welfare board
  964  chair or executive director, if applicable, who shall be a
  965  nonvoting member if the council or board is the fiscal agent of
  966  the coalition or if the council or board contracts with and
  967  receives funds from the coalition for any purpose other than
  968  rent.
  969         f. An agency head of a local licensing agency as defined in
  970  s. 402.302, where applicable.
  971         g. A president of a community college or his or her
  972  designee.
  973         h. One member appointed by a board of county commissioners
  974  or the governing board of a municipality.
  975         i. A central agency administrator, where applicable, who
  976  shall be a nonvoting member.
  977         j. A Head Start director, who shall be a nonvoting member.
  978         k. A representative of private for-profit child care
  979  providers, including private for-profit family day care homes,
  980  who shall be a nonvoting member.
  981         l. A representative of faith-based child care providers,
  982  who shall be a nonvoting member.
  983         m. A representative of programs for children with
  984  disabilities under the federal Individuals with Disabilities
  985  Education Act, who shall be a nonvoting member.
  986         7. Including the members appointed by the Governor under
  987  subparagraph 5., more than one-third of the members of each
  988  early learning coalition must be private sector business members
  989  who do not have, and none of whose relatives as defined in s.
  990  112.3143 has, a substantial financial interest in the design or
  991  delivery of the Voluntary Prekindergarten Education Program
  992  created under part V of chapter 1002 or the coalition’s school
  993  readiness program. To meet this requirement an early learning
  994  coalition must appoint additional members from a list of
  995  nominees submitted to the coalition by a chamber of commerce or
  996  economic development council within the geographic region served
  997  by the coalition. The Agency for Workforce Innovation shall
  998  establish criteria for appointing private sector business
  999  members. These criteria must include standards for determining
 1000  whether a member or relative has a substantial financial
 1001  interest in the design or delivery of the Voluntary
 1002  Prekindergarten Education Program or the coalition’s school
 1003  readiness program.
 1004         8. A majority of the voting membership of an early learning
 1005  coalition constitutes a quorum required to conduct the business
 1006  of the coalition. An early learning coalition board may use any
 1007  method of telecommunications to conduct meetings, including
 1008  establishing a quorum through telecommunications, provided that
 1009  the public is given proper notice of a telecommunications
 1010  meeting and reasonable access to observe and, when appropriate,
 1011  participate.
 1012         9. A voting member of an early learning coalition may not
 1013  appoint a designee to act in his or her place, except as
 1014  otherwise provided in this paragraph. A voting member may send a
 1015  representative to coalition meetings, but that representative
 1016  does not have voting privileges. When a district administrator
 1017  for the Department of Children and Family Services appoints a
 1018  designee to an early learning coalition, the designee is the
 1019  voting member of the coalition, and any individual attending in
 1020  the designee’s place, including the district administrator, does
 1021  not have voting privileges.
 1022         10. Each member of an early learning coalition is subject
 1023  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
 1024  112.3143(3)(a), each voting member is a local public officer who
 1025  must abstain from voting when a voting conflict exists.
 1026         11. For purposes of tort liability, each member or employee
 1027  of an early learning coalition shall be governed by s. 768.28.
 1028         12. An early learning coalition serving a multicounty
 1029  region must include representation from each county.
 1030         13. Each early learning coalition shall establish terms for
 1031  all appointed members of the coalition. The terms must be
 1032  staggered and must be a uniform length that does not exceed 4
 1033  years per term. Coalition chairs shall be appointed for 4 years
 1034  in conjunction with their membership on the Early Learning
 1035  Advisory Council under s. 20.052. Appointed members may serve a
 1036  maximum of two consecutive terms. When a vacancy occurs in an
 1037  appointed position, the coalition must advertise the vacancy.
 1038         (b) Limitation.—Except as provided by law, the early
 1039  learning coalitions may not impose requirements on a child care
 1040  or early childhood education provider that does not deliver
 1041  services under the school readiness programs or receive state,
 1042  federal, required maintenance of effort, or matching funds under
 1043  this section.
 1044         (b) Program participation.—The school readiness program
 1045  shall be established for children from birth to the beginning of
 1046  the school year for which a child is eligible for admission to
 1047  kindergarten in a public school under s. 1003.21(1)(a)2. The
 1048  program shall be administered by the early learning coalition.
 1049  Within funding limitations, the early learning coalition, along
 1050  with all providers, shall make reasonable efforts to accommodate
 1051  the needs of children for extended-day and extended-year
 1052  services without compromising the quality of the program.
 1053         (c) Program expectations.—
 1054         1. The school readiness program must meet the following
 1055  expectations:
 1056         a. The program must, at a minimum, enhance the age
 1057  appropriate progress of each child in attaining the development
 1058  of the school readiness skills required under paragraph (4)(j),
 1059  as measured by the performance standards and outcome measures
 1060  adopted by the Agency for Workforce Innovation.
 1061         b. The program must provide extended-day and extended-year
 1062  services to the maximum extent possible without compromising the
 1063  quality of the program to meet the needs of parents who work.
 1064         c. The program There must provide a be coordinated
 1065  professional staff development system that supports the
 1066  achievement and maintenance of core competencies by school
 1067  readiness instructors in helping children attain the performance
 1068  standards and outcome measures adopted by the Agency for
 1069  Workforce Innovation and teaching opportunities.
 1070         d. There must be expanded access to community services and
 1071  resources for families to help achieve economic self
 1072  sufficiency.
 1073         e. There must be a single point of entry and unified
 1074  waiting list. As used in this sub-subparagraph, the term “single
 1075  point of entry” means an integrated information system that
 1076  allows a parent to enroll his or her child in the school
 1077  readiness program at various locations throughout a the county
 1078  or multicounty region served by an early learning coalition,
 1079  that may allow a parent to enroll his or her child by telephone
 1080  or through an Internet website, and that uses a unified waiting
 1081  list to track eligible children waiting for enrollment in the
 1082  school readiness program. The Agency for Workforce Innovation
 1083  shall establish through technology a single statewide
 1084  information system that each coalition must use for the purposes
 1085  of managing the integrates each early learning coalition’s
 1086  single point of entry, tracking children’s progress,
 1087  coordinating services among stakeholders, determining
 1088  eligibility, tracking child attendance, and streamlining
 1089  administrative processes for providers and early learning
 1090  coalitions and each coalition must use the statewide system.
 1091         f. The Agency for Workforce Innovation must consider the
 1092  access of eligible children to the school readiness program, as
 1093  demonstrated in part by waiting lists, before approving a
 1094  proposed increase in payment rates submitted by an early
 1095  learning coalition. In addition, early learning coalitions shall
 1096  use school readiness funds made available due to enrollment
 1097  shifts from school readiness programs to the Voluntary
 1098  Prekindergarten Education Program for increasing the number of
 1099  children served in school readiness programs before increasing
 1100  payment rates.
 1101         g. There must be a community plan to address the needs of
 1102  all eligible children.
 1103         g.h. The program must meet all state licensing guidelines,
 1104  where applicable.
 1105         h. The program must ensure that minimum standards for child
 1106  discipline practices are age-appropriate. Such standards must
 1107  provide that children not be subjected to discipline that is
 1108  severe, humiliating, or frightening or discipline that is
 1109  associated with food, rest, or toileting. Spanking or any other
 1110  form of physical punishment is prohibited.
 1111         2. Each The early learning coalition must implement a
 1112  comprehensive program of school readiness services in accordance
 1113  with the rules adopted by the agency which that enhance the
 1114  cognitive, social, and physical development of children to
 1115  achieve the performance standards and outcome measures adopted
 1116  by the agency for Workforce Innovation. At a minimum, these
 1117  programs must contain the following system support service
 1118  elements:
 1119         a. Developmentally appropriate curriculum designed to
 1120  enhance the age-appropriate progress of children in attaining
 1121  the performance standards adopted by the Agency for Workforce
 1122  Innovation under subparagraph (4)(d)8.
 1123         b. A character development program to develop basic values.
 1124         c. An age-appropriate screening assessment of each child’s
 1125  development.
 1126         d. An age-appropriate assessment A pretest administered to
 1127  children when they enter a program and an age-appropriate
 1128  assessment a posttest administered to children when they leave
 1129  the program.
 1130         e. An appropriate staff-to-children ratio, pursuant to s.
 1131  402.305(4) or s. 402.302(7) or (8), as applicable, and as
 1132  verified pursuant to s. 402.311.
 1133         f. A healthy and safe environment pursuant to s.
 1134  401.305(5), (6), and (7), as applicable, and as verified
 1135  pursuant to s. 402.311.
 1136         g. A resource and referral network established under s.
 1137  411.0101 to assist parents in making an informed choice and a
 1138  regional Warm-Line under s. 411.01015.
 1139  
 1140  The Agency for Workforce Innovation, the Department of
 1141  Education, and early learning coalitions shall coordinate with
 1142  the Child Care Services Program Office of the Department of
 1143  Children and Family Services to minimize duplicating interagency
 1144  activities pertaining to acquiring and composing data for child
 1145  care training and credentialing.
 1146         (d) Implementation.—
 1147         1. An early learning coalition may not implement the school
 1148  readiness program until the coalition is authorized through
 1149  approval of the coalition’s school readiness plan by the Agency
 1150  for Workforce Innovation.
 1151         2. Each early learning coalition shall coordinate with one
 1152  another to implement a comprehensive program of school readiness
 1153  services which enhances the cognitive, social, physical, and
 1154  moral character of the children to achieve the performance
 1155  standards and outcome measures and which helps families achieve
 1156  economic self-sufficiency. Such program must contain, at a
 1157  minimum, the following elements: develop a plan for implementing
 1158         a. Implement the school readiness program to meet the
 1159  requirements of this section and the system support services,
 1160  performance standards, and outcome measures adopted by the
 1161  Agency for Workforce Innovation.
 1162         b.The plan must Demonstrate how the program will ensure
 1163  that each 3-year-old and 4-year-old child from birth through 5
 1164  years of age in a publicly funded school readiness program
 1165  receives scheduled activities and instruction designed to
 1166  enhance the age-appropriate progress of the children in
 1167  attaining the performance standards adopted by the Agency for
 1168  Workforce Innovation under subparagraph (4)(d)8.
 1169         c. Ensure that the coalition has solicited and considered
 1170  comments regarding the proposed school readiness plan from the
 1171  local community.
 1172  
 1173  Before implementing the school readiness program, the early
 1174  learning coalition must submit the plan to the Agency for
 1175  Workforce Innovation for approval. The Agency for Workforce
 1176  Innovation may approve the plan, reject the plan, or approve the
 1177  plan with conditions. The Agency for Workforce Innovation shall
 1178  review school readiness plans at least every 2 years annually.
 1179         3. If the Agency for Workforce Innovation determines during
 1180  the annual review of school readiness plans, or through
 1181  monitoring and performance evaluations conducted under paragraph
 1182  (4)(l), that an early learning coalition has not substantially
 1183  implemented its plan, has not substantially met the performance
 1184  standards and outcome measures adopted by the agency, or has not
 1185  effectively administered the school readiness program or
 1186  Voluntary Prekindergarten Education Program, the Agency for
 1187  Workforce Innovation may dissolve the coalition and temporarily
 1188  contract with a qualified entity to continue school readiness
 1189  and prekindergarten services in the coalition’s county or
 1190  multicounty region until the agency reestablishes the coalition
 1191  and a new the coalition is reestablished through resubmission of
 1192  a school readiness plan is approved in accordance with the rules
 1193  adopted and approval by the agency.
 1194         4. The Agency for Workforce Innovation shall adopt rules
 1195  establishing criteria for the approval of school readiness
 1196  plans. The criteria must be consistent with the system support
 1197  services, performance standards, and outcome measures adopted by
 1198  the agency and must require each approved plan to include the
 1199  following minimum standards and provisions for the school
 1200  readiness program:
 1201         a. A community plan that addresses the needs of all
 1202  children and providers within the coalition’s county or
 1203  multicounty region.
 1204         b.a. A sliding fee scale establishing a copayment for
 1205  parents based upon their ability to pay, which is the same for
 1206  all program providers, to be implemented and reflected in each
 1207  program’s budget.
 1208         c.b. A choice of settings and locations in licensed,
 1209  registered, religious-exempt, or school-based programs to be
 1210  provided to parents.
 1211         c. Instructional staff who have completed the training
 1212  course as required in s. 402.305(2)(d)1., as well as staff who
 1213  have additional training or credentials as required by the
 1214  Agency for Workforce Innovation. The plan must provide a method
 1215  for assuring the qualifications of all personnel in all program
 1216  settings.
 1217         d. Specific eligibility priorities for children within the
 1218  early learning coalition’s county or multicounty region in
 1219  accordance with subsection (6).
 1220         e. Performance standards and outcome measures adopted by
 1221  the Agency for Workforce Innovation.
 1222         f. Payment rates adopted by the early learning coalitions
 1223  coalition and approved by the Agency for Workforce Innovation.
 1224  Payment rates may not have the effect of limiting parental
 1225  choice or creating standards or levels of services that have not
 1226  been expressly established authorized by the Legislature, unless
 1227  the creation of such standards or levels of service, which must
 1228  be uniform throughout the state, have been approved by the
 1229  Federal Government and result in the state being eligible to
 1230  receive additional federal funds available for early learning on
 1231  a statewide basis.
 1232         g. Systems support services, including a central agency,
 1233  child care resource and referral, eligibility determinations,
 1234  training of providers, and parent support and involvement.
 1235         g.h. Direct enhancement services for to families and
 1236  children. System support and direct enhancement services shall
 1237  be in addition to payments for the placement of children in
 1238  school readiness programs. Direct enhancement services for
 1239  families may include parent training and involvement activities
 1240  and strategies to meet the needs of unique populations and local
 1241  eligibility priorities. Enhancement services for children may
 1242  include provider supports and professional development approved
 1243  in the plan by the Agency for Workforce Innovation.
 1244         h.i. The business organization of the early learning
 1245  coalition, which must include the coalition’s articles of
 1246  incorporation and bylaws if the coalition is organized as a
 1247  corporation. If the coalition is not organized as a corporation
 1248  or other business entity, the plan must include the contract
 1249  with a fiscal agent. An early learning coalition may contract
 1250  with other coalitions to achieve efficiency in multicounty
 1251  services, and these contracts may be part of the coalition’s
 1252  school readiness plan.
 1253         i. The implementation of locally developed quality programs
 1254  in accordance with the requirements adopted by the agency under
 1255  subparagraph (4)(d)5.
 1256         j. Strategies to meet the needs of unique populations, such
 1257  as migrant workers.
 1258  
 1259  As part of the school readiness plan, The Agency for Workforce
 1260  Innovation early learning coalition may request the Governor to
 1261  apply for a waiver to allow the coalition to administer the Head
 1262  Start Program to accomplish the purposes of the school readiness
 1263  program. If a school readiness plan demonstrates that specific
 1264  statutory goals can be achieved more effectively by using
 1265  procedures that require modification of existing rules,
 1266  policies, or procedures, a request for a waiver to the Agency
 1267  for Workforce Innovation may be submitted as part of the plan.
 1268  Upon review, the Agency for Workforce Innovation may grant the
 1269  proposed modification.
 1270         5. Persons with an early childhood teaching certificate may
 1271  provide support and supervision to other staff in the school
 1272  readiness program.
 1273         6. An early learning coalition may not implement its school
 1274  readiness plan until it submits the plan to and receives
 1275  approval from the Agency for Workforce Innovation. Once the plan
 1276  is approved, the plan and the services provided under the plan
 1277  shall be controlled by the early learning coalition. The plan
 1278  shall be reviewed and revised as necessary, but at least
 1279  biennially. An early learning coalition may not implement the
 1280  revisions until the coalition submits the revised plan to and
 1281  receives approval from the Agency for Workforce Innovation. If
 1282  the Agency for Workforce Innovation rejects a revised plan, the
 1283  coalition must continue to operate under its prior approved
 1284  plan.
 1285         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 1286  apply to an early learning coalition with an approved school
 1287  readiness programs plan. The Agency for Workforce Innovation To
 1288  facilitate innovative practices and to allow the regional
 1289  establishment of school readiness programs, an early learning
 1290  coalition may apply to the Governor and Cabinet for a waiver of,
 1291  and the Governor and Cabinet may waive, any of the provisions of
 1292  ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
 1293  for implementation of the coalition’s school readiness programs
 1294  plan.
 1295         8. Two or more early learning coalitions counties may join
 1296  for purposes of planning and implementing a school readiness
 1297  program.
 1298         9. An early learning coalition may, subject to approval by
 1299  The Agency for Workforce Innovation as part of the coalition’s
 1300  school readiness plan, receive subsidized child care funds for
 1301  all children eligible for any federal subsidized child care
 1302  program.
 1303         10. An early learning coalition may enter into multiparty
 1304  contracts with multicounty service providers in order to meet
 1305  the needs of unique populations such as migrant workers.
 1306         (e) Requests for proposals; payment schedule.—
 1307         1. Each early learning coalition must comply with the
 1308  procurement and expenditure procedures adopted by the Agency for
 1309  Workforce Innovation, including, but not limited to, applying
 1310  the procurement and expenditure procedures required by federal
 1311  law for the expenditure of federal funds s. 287.057 for the
 1312  procurement of commodities or contractual services from the
 1313  funds described in paragraph (9)(d). The period of a contract
 1314  for purchase of these commodities or contractual services,
 1315  together with any renewal of the original contract, may not
 1316  exceed 3 years.
 1317         2. Each early learning coalition shall adopt a payment
 1318  schedule that encompasses all programs funded by the coalition
 1319  under this section. The payment schedule must take into
 1320  consideration the prevailing relevant market rate, must include
 1321  the projected number of children to be served, and must be
 1322  submitted for approval by the Agency for Workforce Innovation.
 1323  Informal child care arrangements shall be reimbursed at not more
 1324  than 50 percent of the rate adopted developed for a family day
 1325  care home.
 1326         (f) Requirements relating to fiscal agents.—If an early
 1327  learning coalition is not legally organized as a corporation or
 1328  other business entity, the coalition must designate a fiscal
 1329  agent, which may be a public entity, a private nonprofit
 1330  organization, or a certified public accountant who holds a
 1331  license under chapter 473. The fiscal agent must provide
 1332  financial and administrative services under a contract with the
 1333  early learning coalition. The fiscal agent may not provide
 1334  direct early childhood education or child care services;
 1335  however, a fiscal agent may provide those services upon written
 1336  request of the early learning coalition to the Agency for
 1337  Workforce Innovation and upon the approval of the request by the
 1338  agency. The cost of the financial and administrative services
 1339  shall be negotiated between the fiscal agent and the early
 1340  learning coalition. If the fiscal agent is a provider of early
 1341  childhood education and child care programs, the contract must
 1342  specify that the fiscal agent shall act on policy direction from
 1343  the early learning coalition and must not receive policy
 1344  direction from its own corporate board regarding disbursal of
 1345  the coalition’s funds. The fiscal agent shall disburse funds in
 1346  accordance with the early learning coalition’s approved school
 1347  readiness plan and based on billing and disbursement procedures
 1348  approved by the Agency for Workforce Innovation. The fiscal
 1349  agent must conform to all data-reporting requirements
 1350  established by the Agency for Workforce Innovation.
 1351         (f)(g)Evaluation and annual report.—Each early learning
 1352  coalition shall conduct an evaluation of its implementation the
 1353  effectiveness of the school readiness program, including system
 1354  support services, performance standards, and outcome measures,
 1355  and shall provide an annual report and fiscal statement to the
 1356  Agency for Workforce Innovation. This report must also include
 1357  an evaluation of the effectiveness of its direct enhancement
 1358  services and conform to the content and format specifications
 1359  adopted set by the Agency for Workforce Innovation. The Agency
 1360  for Workforce Innovation must include an analysis of the early
 1361  learning coalitions’ reports in the agency’s annual report.
 1362         (6) PROGRAM ELIGIBILITY.—The Each early learning
 1363  coalition’s school readiness program is shall be established for
 1364  children from birth to the beginning of the school year for
 1365  which a child is eligible for admission to kindergarten in a
 1366  public school under s. 1003.21(1)(a)2. or who are eligible for
 1367  any federal subsidized child care program. Each early learning
 1368  coalition shall give priority for participation in the school
 1369  readiness program as follows:
 1370         (a) Priority shall be given first to a child from a family
 1371  in which there is an adult receiving temporary cash assistance
 1372  who is subject to federal work requirements.
 1373         (b) Priority shall be given next to a child who is eligible
 1374  for a school readiness program but who has not yet entered
 1375  children age 3 years to school, entry who is are served by the
 1376  Family Safety Program Office of the Department of Children and
 1377  Family Services or a community-based lead agency under chapter
 1378  39 or chapter 409, and for whom child care is needed to minimize
 1379  risk of further abuse, neglect, or abandonment.
 1380         (c) Subsequent priority shall be given to a child Other
 1381  eligible populations include children who meets meet one or more
 1382  of the following criteria:
 1383         1.(a)A child who is younger than Children under the age of
 1384  kindergarten eligibility and who are:
 1385         1. Children determined to be at risk of abuse, neglect, or
 1386  exploitation who are currently clients of the Family Safety
 1387  Program Office of the Department of Children and Family
 1388  Services, but who are not otherwise given priority under this
 1389  subsection.
 1390         a.2.Is Children at risk of welfare dependency, including
 1391  an economically disadvantaged child children, a child children
 1392  of a participant participants in the welfare transition program,
 1393  a child of a migratory agricultural worker children of migrant
 1394  farmworkers, or a child and children of a teen parent parents.
 1395         b.3.Is a member Children of a working family that is
 1396  economically disadvantaged families whose family income does not
 1397  exceed 150 percent of the federal poverty level.
 1398         c.4. Children For whom financial assistance is provided
 1399  through the state is paying a Relative Caregiver Program payment
 1400  under s. 39.5085.
 1401         2.(b)A 3-year-old child or Three-year-old children and 4
 1402  year-old child children who may not be economically
 1403  disadvantaged but who has a disability; has have disabilities,
 1404  have been served in a specific part-time exceptional education
 1405  program or a combination of part-time exceptional education
 1406  programs with required special services, aids, or equipment;,
 1407  and was were previously reported for funding part time under
 1408  with the Florida Education Finance Program as an exceptional
 1409  student students.
 1410         3.(c)An economically disadvantaged child children, a child
 1411  children with a disability disabilities, or a child and children
 1412  at risk of future school failure, from birth to 4 years of age,
 1413  who is are served at home through a home visitor program
 1414  programs and an intensive parent education program programs.
 1415         4.(d)A child Children who meets meet federal and state
 1416  eligibility requirements for the migrant preschool program but
 1417  who is do not meet the criteria of economically disadvantaged.
 1418  
 1419  As used in this paragraph subsection, the term “economically
 1420  disadvantaged” child means having a child whose family income
 1421  that does not exceed 150 percent of the federal poverty level.
 1422  Notwithstanding any change in a family’s economic status, but
 1423  subject to additional family contributions in accordance with
 1424  the sliding fee scale, a child who meets the eligibility
 1425  requirements upon initial registration for the program remains
 1426  eligible until the beginning of the school year for which the
 1427  child is eligible for admission to kindergarten in a public
 1428  school under s. 1003.21(1)(a)2.
 1429         (7) PARENTAL CHOICE.—
 1430         (a) Parental choice of child care providers shall be
 1431  established, to the maximum extent practicable, in accordance
 1432  with 45 C.F.R. s. 98.30.
 1433         (b) As used in this subsection, the term “payment
 1434  certificate” means a child care certificate as defined in 45
 1435  C.F.R. s. 98.2.
 1436         (c) The school readiness program shall, in accordance with
 1437  45 C.F.R. s. 98.30, provide parental choice through a payment
 1438  certificate purchase service order that ensures, to the maximum
 1439  extent possible, flexibility in the school readiness program
 1440  programs and payment arrangements. According to federal
 1441  regulations requiring parental choice, a parent may choose an
 1442  informal child care arrangement. The payment certificate
 1443  purchase order must bear the names name of the beneficiary and
 1444  the program provider and, when redeemed, must bear the
 1445  signatures signature of both the beneficiary and an authorized
 1446  representative of the provider.
 1447         (d)(b) If it is determined that a provider has given
 1448  provided any cash to the beneficiary in return for receiving a
 1449  payment certificate the purchase order, the early learning
 1450  coalition or its fiscal agent shall refer the matter to the
 1451  Division of Public Assistance Fraud for investigation.
 1452         (e)(c) The office of the Chief Financial Officer shall
 1453  establish an electronic transfer system for the disbursement of
 1454  funds in accordance with this subsection. Each early learning
 1455  coalition shall fully implement the electronic funds transfer
 1456  system within 2 years after approval of the coalition’s school
 1457  readiness plan, unless a waiver is obtained from the Agency for
 1458  Workforce Innovation.
 1459         (8) STANDARDS; OUTCOME MEASURES.—A program provider
 1460  participating in the All school readiness program programs must
 1461  meet the performance standards and outcome measures adopted by
 1462  the Agency for Workforce Innovation.
 1463         (9) FUNDING; SCHOOL READINESS PROGRAM.—
 1464         (a) It is the intent of this section to establish an
 1465  integrated and quality seamless service delivery system for all
 1466  publicly funded early childhood education and child care
 1467  programs operating in this state.
 1468         (b)1. The Agency for Workforce Innovation shall administer
 1469  school readiness funds, plans, and policies and shall prepare
 1470  and submit a unified budget request for the school readiness
 1471  system in accordance with chapter 216.
 1472         2. All instructions to early learning coalitions for
 1473  administering this section shall emanate from the Agency for
 1474  Workforce Innovation in accordance with the policies of the
 1475  Legislature.
 1476         (c) The Agency for Workforce Innovation, subject to
 1477  legislative notice and review under s. 216.177, shall establish
 1478  recommend a formula for the allocation among the early learning
 1479  coalitions of all state and federal school readiness funds
 1480  provided for children participating in the public or private
 1481  school readiness program, whether served by a public or private
 1482  provider, programs based upon equity for each county and
 1483  performance. The allocation formula must be submitted to the
 1484  Governor, the chair of the Senate Ways and Means Committee or
 1485  its successor, and the chair of the House of Representatives
 1486  Fiscal Council or its successor no later than January 1 of each
 1487  year. If the Legislature specifies shall specify in the annual
 1488  General Appropriations Act any changes to from the allocation
 1489  formula, methodology for the prior fiscal year which must be
 1490  used by the Agency for Workforce Innovation shall allocate funds
 1491  as specified in allocating the appropriations provided in the
 1492  General Appropriations Act.
 1493         (d) All state, federal, and required local maintenance-of
 1494  effort, or matching funds provided to an early learning
 1495  coalition for purposes of this section shall be used by the
 1496  coalition for implementation of its approved school readiness
 1497  plan, including the hiring of staff to effectively operate the
 1498  coalition’s school readiness program. As part of plan approval
 1499  and periodic plan review, The Agency for Workforce Innovation
 1500  shall require that administrative costs be kept to the minimum
 1501  necessary for efficient and effective administration of the
 1502  school readiness plan, but total administrative expenditures
 1503  must not exceed 5 percent unless specifically waived by the
 1504  Agency for Workforce Innovation. The Agency for Workforce
 1505  Innovation shall annually report to the Legislature any problems
 1506  relating to administrative costs.
 1507         (e) The Agency for Workforce Innovation shall annually
 1508  distribute, to a maximum extent practicable, all eligible funds
 1509  provided under this section as block grants to the early
 1510  learning coalitions in accordance with the terms and conditions
 1511  specified by the agency.
 1512         (f) State funds appropriated for the school readiness
 1513  program may not be used for the construction of new facilities
 1514  or the purchase of buses. The Agency for Workforce Innovation
 1515  shall present to the Legislature recommendations for providing
 1516  necessary transportation services for school readiness programs.
 1517         (g) All cost savings and all revenues received through a
 1518  mandatory sliding fee scale shall be used to help fund each
 1519  early learning coalition’s school readiness program.
 1520         (10) CONFLICTING PROVISIONS.—If In the event of a conflict
 1521  exists between this section and federal requirements, the
 1522  federal requirements shall control.
 1523         (11) PLACEMENTS.—Notwithstanding any other provision of
 1524  this section to the contrary, the first children to be placed in
 1525  the school readiness program shall be those from families
 1526  receiving temporary cash assistance and subject to federal work
 1527  requirements. Subsequent placements shall be made in accordance
 1528  with subsection (6).
 1529         Section 18. Section 411.0101, Florida Statutes, is amended
 1530  to read:
 1531         411.0101 Child care and early childhood resource and
 1532  referral.—
 1533         (1) As a part of the school readiness programs, the Agency
 1534  for Workforce Innovation shall establish a statewide child care
 1535  resource and referral network that is unbiased and provides
 1536  referrals to families for child care. Preference shall be given
 1537  to using the already established early learning coalitions as
 1538  the child care resource and referral agencies agency. If an
 1539  early learning coalition cannot comply with the requirements to
 1540  offer the resource information component or does not want to
 1541  offer that service, the early learning coalition shall select
 1542  the resource and referral information agency for its county or
 1543  multicounty region based upon a request for proposal pursuant to
 1544  s. 411.01(5)(e)1.
 1545         (2) At least one child care resource and referral agency
 1546  must be established in each early learning coalition’s county or
 1547  multicounty region. The Agency for Workforce Innovation shall
 1548  adopt rules regarding accessibility of child care resource and
 1549  referral services offered through child care resource and
 1550  referral agencies in each county or multicounty region which
 1551  include, at a minimum, required hours of operation, methods by
 1552  which parents may request services, and child care resource and
 1553  referral staff training requirements.
 1554         (3) Child care resource and referral agencies shall provide
 1555  the following services:
 1556         (a)(1) Identification of existing public and private child
 1557  care and early childhood education services, including child
 1558  care services by public and private employers, and the
 1559  development of a resource file of those services through the
 1560  single statewide information system developed by the Agency for
 1561  Workforce Innovation under s. 411.01(5)(c)1.e. These services
 1562  may include family day care, public and private child care
 1563  programs, the Voluntary Prekindergarten Education Program, Head
 1564  Start, the school readiness program prekindergarten early
 1565  intervention programs, special education programs for
 1566  prekindergarten handicapped children with disabilities, services
 1567  for children with developmental disabilities, full-time and
 1568  part-time programs, before-school and after-school programs,
 1569  vacation care programs, parent education, the WAGES Program, and
 1570  related family support services. The resource file shall
 1571  include, but not be limited to:
 1572         1.(a) Type of program.
 1573         2.(b) Hours of service.
 1574         3.(c) Ages of children served.
 1575         4.(d) Number of children served.
 1576         5.(e) Significant program information.
 1577         6.(f) Fees and eligibility for services.
 1578         7.(g) Availability of transportation.
 1579         (b)(2) The establishment of a referral process that which
 1580  responds to parental need for information and that which is
 1581  provided with full recognition of the confidentiality rights of
 1582  parents. The resource and referral network programs shall make
 1583  referrals to legally operating licensed child care facilities.
 1584  Referrals may not shall be made to a an unlicensed child care
 1585  facility that is operating illegally or arrangement only if
 1586  there is no requirement that the facility or arrangement be
 1587  licensed.
 1588         (c)(3) Maintenance of ongoing documentation of requests for
 1589  service tabulated through the internal referral process through
 1590  the single statewide information system. The following
 1591  documentation of requests for service shall be maintained by the
 1592  all child care resource and referral network agencies:
 1593         1.(a) Number of calls and contacts to the child care
 1594  resource information and referral network agency component by
 1595  type of service requested.
 1596         2.(b) Ages of children for whom service was requested.
 1597         3.(c) Time category of child care requests for each child.
 1598         4.(d) Special time category, such as nights, weekends, and
 1599  swing shift.
 1600         5.(e) Reason that the child care is needed.
 1601         6.(f) Name of the employer and primary focus of the
 1602  business.
 1603         (d)(4) Provision of technical assistance to existing and
 1604  potential providers of child care services. This assistance may
 1605  include:
 1606         1.(a) Information on initiating new child care services,
 1607  zoning, and program and budget development and assistance in
 1608  finding such information from other sources.
 1609         2.(b) Information and resources which help existing child
 1610  care services providers to maximize their ability to serve
 1611  children and parents in their community.
 1612         3.(c) Information and incentives that may which could help
 1613  existing or planned child care services offered by public or
 1614  private employers seeking to maximize their ability to serve the
 1615  children of their working parent employees in their community,
 1616  through contractual or other funding arrangements with
 1617  businesses.
 1618         (e)(5) Assistance to families and employers in applying for
 1619  various sources of subsidy including, but not limited to, the
 1620  Voluntary Prekindergarten Education Program, the school
 1621  readiness program subsidized child care, Head Start,
 1622  prekindergarten early intervention programs, Project
 1623  Independence, private scholarships, and the federal child and
 1624  dependent care tax credit.
 1625         (6) Assistance to state agencies in determining the market
 1626  rate for child care.
 1627         (f)(7) Assistance in negotiating discounts or other special
 1628  arrangements with child care providers.
 1629         (8) Information and assistance to local interagency
 1630  councils coordinating services for prekindergarten handicapped
 1631  children.
 1632         (g)(9) Assistance to families in identifying summer
 1633  recreation camp and summer day camp programs, and in evaluating
 1634  the health and safety qualities of summer recreation camp and
 1635  summer day camp programs, and in evaluating the health and
 1636  safety qualities of summer camp programs. Contingent upon
 1637  specific appropriation, a checklist of important health and
 1638  safety qualities that parents can use to choose their summer
 1639  camp programs shall be developed and distributed in a manner
 1640  that will reach parents interested in such programs for their
 1641  children.
 1642         (h)(10) A child care facility licensed under s. 402.305 and
 1643  licensed and registered family day care homes must provide the
 1644  statewide child care and resource and referral network agencies
 1645  with the following information annually:
 1646         1.(a) Type of program.
 1647         2.(b) Hours of service.
 1648         3.(c) Ages of children served.
 1649         4.(d) Fees and eligibility for services.
 1650         (4)(11) The Agency for Workforce Innovation shall adopt any
 1651  rules necessary for the implementation and administration of
 1652  this section.
 1653         Section 19. Subsection (3), paragraph (b) of subsection
 1654  (4), and paragraphs (c) and (d) of subsection (5) of section
 1655  411.0102, Florida Statutes, are amended to read:
 1656         411.0102 Child Care Executive Partnership Act; findings and
 1657  intent; grant; limitation; rules.—
 1658         (3) There is created a body politic and corporate known as
 1659  the Child Care Executive Partnership which shall establish and
 1660  govern the Child Care Executive Partnership Program. The purpose
 1661  of the Child Care Executive Partnership Program is to utilize
 1662  state and federal funds as incentives for matching local funds
 1663  derived from local governments, employers, charitable
 1664  foundations, and other sources, so that Florida communities may
 1665  create local flexible partnerships with employers. The Child
 1666  Care Executive Partnership Program funds shall be used at the
 1667  discretion of local communities to meet the needs of working
 1668  parents. A child care purchasing pool shall be developed with
 1669  the state, federal, and local funds to provide subsidies to low
 1670  income working parents whose family income does not exceed the
 1671  allowable income for any federally subsidized child care program
 1672  who are eligible for subsidized child care with a dollar-for
 1673  dollar match from employers, local government, and other
 1674  matching contributions. The funds used from the child care
 1675  purchasing pool must be used to supplement or extend the use of
 1676  existing public or private funds.
 1677         (4) The Child Care Executive Partnership, staffed by the
 1678  Agency for Workforce Innovation, shall consist of a
 1679  representative of the Executive Office of the Governor and nine
 1680  members of the corporate or child care community, appointed by
 1681  the Governor.
 1682         (b) The Child Care Executive Partnership shall be chaired
 1683  by a member chosen by a majority vote and shall meet at least
 1684  quarterly and at other times upon the call of the chair. The
 1685  Child Care Executive Partnership may use any method of
 1686  telecommunications to conduct meetings, including establishing a
 1687  quorum through telecommunications, only if the public is given
 1688  proper notice of a telecommunications meeting and reasonable
 1689  access to observe and, when appropriate, participate.
 1690         (5)
 1691         (c) The Agency for Workforce Innovation, in conjunction
 1692  with the Child Care Executive Partnership, shall develop
 1693  procedures for disbursement of funds through the child care
 1694  purchasing pools. In order to be considered for funding, an
 1695  early learning coalition or the Agency for Workforce Innovation
 1696  must commit to:
 1697         1. Matching the state purchasing pool funds on a dollar
 1698  for-dollar basis; and
 1699         2. Expending only those public funds which are matched by
 1700  employers, local government, and other matching contributors who
 1701  contribute to the purchasing pool. Parents shall also pay a fee,
 1702  which may not shall be not less than the amount identified in
 1703  the early learning coalition’s school readiness program
 1704  subsidized child care sliding fee scale.
 1705         (d) Each early learning coalition board shall be required
 1706  to establish a community child care task force for each child
 1707  care purchasing pool. The task force must be composed of
 1708  employers, parents, private child care providers, and one
 1709  representative from the local children’s services council, if
 1710  one exists in the area of the purchasing pool. The early
 1711  learning coalition is expected to recruit the task force members
 1712  from existing child care councils, commissions, or task forces
 1713  already operating in the area of a purchasing pool. A majority
 1714  of the task force shall consist of employers. Each task force
 1715  shall develop a plan for the use of child care purchasing pool
 1716  funds. The plan must show how many children will be served by
 1717  the purchasing pool, how many will be new to receiving child
 1718  care services, and how the early learning coalition intends to
 1719  attract new employers and their employees to the program.
 1720         Section 20. Paragraph (b) of subsection (8) of section
 1721  411.203, Florida Statutes, is amended to read:
 1722         411.203 Continuum of comprehensive services.—The Department
 1723  of Education and the Department of Health and Rehabilitative
 1724  Services shall utilize the continuum of prevention and early
 1725  assistance services for high-risk pregnant women and for high
 1726  risk and handicapped children and their families, as outlined in
 1727  this section, as a basis for the intraagency and interagency
 1728  program coordination, monitoring, and analysis required in this
 1729  chapter. The continuum shall be the guide for the comprehensive
 1730  statewide approach for services for high-risk pregnant women and
 1731  for high-risk and handicapped children and their families, and
 1732  may be expanded or reduced as necessary for the enhancement of
 1733  those services. Expansion or reduction of the continuum shall be
 1734  determined by intraagency or interagency findings and agreement,
 1735  whichever is applicable. Implementation of the continuum shall
 1736  be based upon applicable eligibility criteria, availability of
 1737  resources, and interagency prioritization when programs impact
 1738  both agencies, or upon single agency prioritization when
 1739  programs impact only one agency. The continuum shall include,
 1740  but not be limited to:
 1741         (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
 1742  OF HIGH-RISK CHILDREN.—
 1743         (b) Child care and early childhood programs, including, but
 1744  not limited to, subsidized child care, licensed nonsubsidized
 1745  child care facilities, family day care homes, therapeutic child
 1746  care, Head Start, and preschool programs in public and private
 1747  schools.
 1748         Section 21. Subsection (2) of section 411.221, Florida
 1749  Statutes, is amended to read:
 1750         411.221 Prevention and early assistance strategic plan;
 1751  agency responsibilities.—
 1752         (2) The strategic plan and subsequent plan revisions shall
 1753  incorporate and otherwise utilize, to the fullest extent
 1754  possible, the evaluation findings and recommendations from
 1755  intraagency, independent third-party, field projects, and
 1756  reports issued by the Auditor General or the Office of Program
 1757  Policy Analysis and Government Accountability, as well as the
 1758  recommendations of the Agency for Workforce Innovation State
 1759  Coordinating Council for School Readiness Programs.
 1760         Section 22. Paragraph (c) of subsection (4) of section
 1761  445.024, Florida Statutes, is amended to read:
 1762         445.024 Work requirements.—
 1763         (4) PRIORITIZATION OF WORK REQUIREMENTS.—Regional workforce
 1764  boards shall require participation in work activities to the
 1765  maximum extent possible, subject to federal and state funding.
 1766  If funds are projected to be insufficient to allow full-time
 1767  work activities by all program participants who are required to
 1768  participate in work activities, regional workforce boards shall
 1769  screen participants and assign priority based on the following:
 1770         (c) A participant who has access to subsidized or
 1771  unsubsidized child care services may be assigned priority for
 1772  work activities.
 1773  
 1774  Regional workforce boards may limit a participant’s weekly work
 1775  requirement to the minimum required to meet federal work
 1776  activity requirements. Regional workforce boards may develop
 1777  screening and prioritization procedures based on the allocation
 1778  of resources, the availability of community resources, the
 1779  provision of supportive services, or the work activity needs of
 1780  the service area.
 1781         Section 23. Subsection (2) of section 445.030, Florida
 1782  Statutes, is amended to read:
 1783         445.030 Transitional education and training.—In order to
 1784  assist former recipients of temporary cash assistance who are
 1785  working or actively seeking employment in continuing their
 1786  training and upgrading their skills, education, or training,
 1787  support services may be provided for up to 2 years after the
 1788  family is no longer receiving temporary cash assistance. This
 1789  section does not constitute an entitlement to transitional
 1790  education and training. If funds are not sufficient to provide
 1791  services under this section, the board of directors of Workforce
 1792  Florida, Inc., may limit or otherwise prioritize transitional
 1793  education and training.
 1794         (2) Regional workforce boards may authorize child care or
 1795  other support services in addition to services provided in
 1796  conjunction with employment. For example, a participant who is
 1797  employed full time may receive subsidized child care services
 1798  related to that employment and may also receive additional
 1799  subsidized child care services in conjunction with training to
 1800  upgrade the participant’s skills.
 1801         Section 24. Paragraph (a) of subsection (2) of section
 1802  490.014, Florida Statutes, is amended to read:
 1803         490.014 Exemptions.—
 1804         (2) No person shall be required to be licensed or
 1805  provisionally licensed under this chapter who:
 1806         (a) Is a salaried employee of a government agency; a
 1807  developmental disability facility or program; a, mental health,
 1808  alcohol, or drug abuse facility operating under chapter 393,
 1809  chapter 394, or chapter 397; the statewide subsidized child care
 1810  program, subsidized child care case management program, or child
 1811  care resource and referral network program operating under s.
 1812  411.0101 pursuant to chapter 402; a child-placing or child
 1813  caring agency licensed pursuant to chapter 409; a domestic
 1814  violence center certified pursuant to chapter 39; an accredited
 1815  academic institution; or a research institution, if such
 1816  employee is performing duties for which he or she was trained
 1817  and hired solely within the confines of such agency, facility,
 1818  or institution, so long as the employee is not held out to the
 1819  public as a psychologist pursuant to s. 490.012(1)(a).
 1820         Section 25. Paragraph (a) of subsection (4) of section
 1821  491.014, Florida Statutes, is amended to read:
 1822         491.014 Exemptions.—
 1823         (4) No person shall be required to be licensed,
 1824  provisionally licensed, registered, or certified under this
 1825  chapter who:
 1826         (a) Is a salaried employee of a government agency; a
 1827  developmental disability facility or program; a, mental health,
 1828  alcohol, or drug abuse facility operating under chapter 393,
 1829  chapter 394, or chapter 397; the statewide subsidized child care
 1830  program, subsidized child care case management program, or child
 1831  care resource and referral network program operating under s.
 1832  411.0101 pursuant to chapter 402; a child-placing or child
 1833  caring agency licensed pursuant to chapter 409; a domestic
 1834  violence center certified pursuant to chapter 39; an accredited
 1835  academic institution; or a research institution, if such
 1836  employee is performing duties for which he or she was trained
 1837  and hired solely within the confines of such agency, facility,
 1838  or institution, so long as the employee is not held out to the
 1839  public as a clinical social worker, mental health counselor, or
 1840  marriage and family therapist.
 1841         Section 26. Subsection (5) of section 1002.53, Florida
 1842  Statutes, is amended to read:
 1843         1002.53 Voluntary Prekindergarten Education Program;
 1844  eligibility and enrollment.—
 1845         (5) The early learning coalition shall provide each parent
 1846  enrolling a child in the Voluntary Prekindergarten Education
 1847  Program with a profile of every private prekindergarten provider
 1848  and public school delivering the program within the coalition’s
 1849  county where the child is being enrolled or multicounty region.
 1850  The profiles shall be provided to parents in a format prescribed
 1851  by the Agency for Workforce Innovation. The profiles must
 1852  include, at a minimum, the following information about each
 1853  provider and school:
 1854         (a) The provider’s or school’s services, curriculum,
 1855  instructor credentials, and instructor-to-student ratio; and
 1856         (b) The provider’s or school’s kindergarten readiness rate
 1857  calculated in accordance with s. 1002.69, based upon the most
 1858  recent available results of the statewide kindergarten
 1859  screening.
 1860         Section 27. Paragraph (b) of subsection (3) of section
 1861  1002.55, Florida Statutes, is amended, and subsection (5) is
 1862  added to that section, to read:
 1863         1002.55 School-year prekindergarten program delivered by
 1864  private prekindergarten providers.—
 1865         (3) To be eligible to deliver the prekindergarten program,
 1866  a private prekindergarten provider must meet each of the
 1867  following requirements:
 1868         (b) The private prekindergarten provider must:
 1869         1. Be accredited by an accrediting association that is a
 1870  member of the National Council for Private School Accreditation,
 1871  or the Florida Association of Academic Nonpublic Schools, or be
 1872  accredited by the Southern Association of Colleges and Schools,
 1873  or Western Association of Colleges and Schools, or North Central
 1874  Association of Colleges and Schools, or Middle States
 1875  Association of Colleges and Schools, or New England Association
 1876  of Colleges and Schools; and have written accreditation
 1877  standards that meet or exceed the state’s licensing requirements
 1878  under s. 402.305, s. 402.313, or s.402.3131 and require at least
 1879  one onsite visit to the provider or school before accreditation
 1880  is granted;
 1881         1. Be accredited by an accrediting association that is a
 1882  member of the National Council for Private School Accreditation,
 1883  the Commission on International and Trans-Regional
 1884  Accreditation, or the Florida Association of Academic Nonpublic
 1885  Schools and have written accreditation standards that meet or
 1886  exceed the state’s licensing requirements under s. 402.305, s.
 1887  402.313, or s. 402.3131 and require at least one onsite visit to
 1888  the provider or school before accreditation is granted;
 1889         2. Hold a current Gold Seal Quality Care designation under
 1890  s. 402.281; or
 1891         3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131
 1892  and demonstrate, before delivering the Voluntary Prekindergarten
 1893  Education Program, as verified by the early learning coalition,
 1894  that the provider meets each of the requirements of the program
 1895  under this part, including, but not limited to, the requirements
 1896  for credentials and background screenings of prekindergarten
 1897  instructors under paragraphs (c) and (d), minimum and maximum
 1898  class sizes under paragraph (f), prekindergarten director
 1899  credentials under paragraph (g), and a developmentally
 1900  appropriate curriculum under s. 1002.67(2)(b).
 1901         (5) Notwithstanding paragraph (3)(b), a private
 1902  prekindergarten provider may not participate in the Voluntary
 1903  Prekindergarten Education Program if the provider has child
 1904  disciplinary policies that do not prohibit children from being
 1905  subjected to discipline that is severe, humiliating,
 1906  frightening, or associated with food, rest, toileting, spanking,
 1907  or any other form of physical punishment as provided in s.
 1908  402.305(12).
 1909         Section 28. Effective May 31, 2010, paragraph (c) of
 1910  subsection (3) of section 1002.67, Florida Statutes, is amended
 1911  to read:
 1912         1002.67 Performance standards; curricula and
 1913  accountability.—
 1914         (3)
 1915         (c)1. If the kindergarten readiness rate of a private
 1916  prekindergarten provider or public school falls below the
 1917  minimum rate adopted by the State Board of Education as
 1918  satisfactory under s. 1002.69(6), the early learning coalition
 1919  or school district, as applicable, shall require the provider or
 1920  school to submit an improvement plan for approval by the
 1921  coalition or school district, as applicable, and to implement
 1922  the plan.
 1923         2. If a private prekindergarten provider or public school
 1924  fails to meet the minimum rate adopted by the State Board of
 1925  Education as satisfactory under s. 1002.69(6) for 2 consecutive
 1926  years, the early learning coalition or school district, as
 1927  applicable, shall place the provider or school on probation and
 1928  must require the provider or school to take certain corrective
 1929  actions, including the use of a curriculum approved by the
 1930  department under paragraph (2)(c).
 1931         3. A private prekindergarten provider or public school that
 1932  is placed on probation must continue the corrective actions
 1933  required under subparagraph 2., including the use of a
 1934  curriculum approved by the department, until the provider or
 1935  school meets the minimum rate adopted by the State Board of
 1936  Education as satisfactory under s. 1002.69(6).
 1937         4. If a private prekindergarten provider or public school
 1938  remains on probation for 2 consecutive years and fails to meet
 1939  the minimum rate adopted by the State Board of Education as
 1940  satisfactory under s. 1002.69(6) and is not granted a good cause
 1941  exemption by the department pursuant to s. 1002.69(7), the
 1942  Agency for Workforce Innovation shall require the early learning
 1943  coalition or the Department of Education shall require the
 1944  school district, as applicable, to remove, as applicable, the
 1945  provider or school from eligibility to deliver the Voluntary
 1946  Prekindergarten Education Program and receive state funds for
 1947  the program.
 1948         Section 29. Paragraph (b) of subsection (6) of section
 1949  1002.71, Florida Statutes, is amended to read:
 1950         1002.71 Funding; financial and attendance reporting.—
 1951         (6)
 1952         (b)1. Each private prekindergarten provider’s and district
 1953  school board’s attendance policy must require the parent of each
 1954  student in the Voluntary Prekindergarten Education Program to
 1955  verify, each month, the student’s attendance on the prior
 1956  month’s certified student attendance.
 1957         2. The parent must submit the verification of the student’s
 1958  attendance to the private prekindergarten provider or public
 1959  school on forms prescribed by the Agency for Workforce
 1960  Innovation. The forms must include, in addition to the
 1961  verification of the student’s attendance, a certification, in
 1962  substantially the following form, that the parent continues to
 1963  choose the private prekindergarten provider or public school in
 1964  accordance with s. 1002.53 and directs that payments for the
 1965  program be made to the provider or school:
 1966  
 1967                VERIFICATION OF STUDENT’S ATTENDANCE               
 1968                AND CERTIFICATION OF PARENTAL CHOICE               
 1969  
 1970         I, ...(Name of Parent)..., swear (or affirm) that my
 1971  child,...(Name of Student)..., attended the Voluntary
 1972  Prekindergarten Education Program on the days listed above and
 1973  certify that I continue to choose ...(Name of Provider or
 1974  School)... to deliver the program for my child and direct that
 1975  program funds be paid to the provider or school for my child.
 1976  
 1977         ...(Signature of Parent)...
 1978         ...(Date)...
 1979  
 1980         3. The private prekindergarten provider or public school
 1981  must keep each original signed form for at least 2 years. Each
 1982  private prekindergarten provider must permit the early learning
 1983  coalition, and each public school must permit the school
 1984  district, to inspect the original signed forms during normal
 1985  business hours. The Agency for Workforce Innovation shall adopt
 1986  procedures for early learning coalitions and school districts to
 1987  review the original signed forms against the certified student
 1988  attendance. The review procedures shall provide for the use of
 1989  selective inspection techniques, including, but not limited to,
 1990  random sampling. Each early learning coalition and the school
 1991  districts district must comply with the review procedures.
 1992         Section 30. Effective May 31, 2010, subsection (7) is added
 1993  to section 1002.69, Florida Statutes, to read:
 1994         1002.69 Statewide kindergarten screening; kindergarten
 1995  readiness rates.—
 1996         (7)(a) Notwithstanding s. 1002.67(3)(c)4., the State Board
 1997  of Education, upon the request of a private prekindergarten
 1998  provider or public school that remains on probation for 2
 1999  consecutive years or more and subsequently fails to meet the
 2000  minimum rate adopted under subsection (6) and for good cause
 2001  shown, may grant to the provider or school an exemption from
 2002  being determined ineligible to deliver the Voluntary
 2003  Prekindergarten Education Program and receive state funds for
 2004  the program. Such exemption is valid for 1 year and, upon the
 2005  request of the private prekindergarten provider or public school
 2006  and for good cause shown, may be renewed.
 2007         (b) A private prekindergarten provider’s or public school’s
 2008  request for a good cause exemption, or renewal of such an
 2009  exemption, must be submitted to the state board in the manner
 2010  and within the timeframes prescribed by the state board and must
 2011  include the following:
 2012         1. Submission of data by the private prekindergarten
 2013  provider or public school which documents on a standardized
 2014  assessment the achievement and progress of the children served.
 2015         2. Submission and review of data available from the
 2016  respective early learning coalition or district school board,
 2017  the Department of Children and Family Services, local licensing
 2018  authority, or an accrediting association, as applicable,
 2019  relating to the private prekindergarten provider’s or public
 2020  school’s compliance with state and local health and safety
 2021  standards.
 2022         3. Submission and review of data available to the
 2023  department on the performance of the children served and the
 2024  calculation of the private prekindergarten provider’s or public
 2025  school’s kindergarten readiness rate.
 2026         (c) The State Board of Education shall adopt criteria for
 2027  granting good cause exemptions. Such criteria shall include, but
 2028  are not limited to:
 2029         1. Learning gains of children served in the Voluntary
 2030  Prekindergarten Education Program by the private prekindergarten
 2031  provider or public school.
 2032         2. Verification that the private prekindergarten provider
 2033  or public school serves at least twice the statewide percentage
 2034  of children with disabilities as defined in s. 1003.01(3)(a).
 2035         3. Verification that local and state health and safety
 2036  requirements are met.
 2037         (d) A good cause exemption may not be granted to any
 2038  private prekindergarten provider that has any class I violations
 2039  or two or more class II violations within the 2 years preceding
 2040  the provider’s or school’s request for the exemption. For
 2041  purposes of this paragraph, class I and class II violations have
 2042  the same meaning as provided in s. 402.281(3).
 2043         (e) A private prekindergarten provider or public school
 2044  granted a good cause exemption shall continue to implement its
 2045  improvement plan and continue the corrective actions required
 2046  under s. 1002.67(3)(c)2., including the use of a curriculum
 2047  approved by the department, until the provider or school meets
 2048  the minimum rate adopted under subsection (6).
 2049         (f)The State Board of Education shall notify the Agency
 2050  for Workforce Innovation of any good cause exemption granted to
 2051  a private prekindergarten provider under this subsection. If a
 2052  good cause exemption is granted to a private prekindergarten
 2053  provider who remains on probation for 2 consecutive years, the
 2054  Agency for Workforce Innovation shall notify the early learning
 2055  coalition of the good cause exemption and direct that the
 2056  coalition, notwithstanding s. 1002.67(3)(c)4., not remove the
 2057  provider from eligibility to deliver the Voluntary
 2058  Prekindergarten Education Program or to receive state funds for
 2059  the program, if the provider meets all other applicable
 2060  requirements of this part.
 2061         Section 31. Effective May 31, 2010, paragraph (d) is added
 2062  to subsection (2) of section 1002.73, Florida Statutes, to read:
 2063         1002.73 Department of Education; powers and duties;
 2064  accountability requirements.—
 2065         (2) The department shall adopt procedures for the
 2066  department’s:
 2067         (d) Granting of a private prekindergarten provider’s or
 2068  public school’s request for a good cause exemption under s.
 2069  1002.69(7).
 2070         Section 32. Paragraph (b) of subsection (4) of section
 2071  1009.64, Florida Statutes, is amended to read:
 2072         1009.64 Certified Education Paraprofessional Welfare
 2073  Transition Program.—
 2074         (4) The agencies shall complete an implementation plan that
 2075  addresses at least the following recommended components of the
 2076  program:
 2077         (b) A budget for use of incentive funding to provide
 2078  motivation to participants to succeed and excel. The budget for
 2079  incentive funding includes:
 2080         1. Funds allocated by the Legislature directly for the
 2081  program.
 2082         2. Funds that may be made available from the federal
 2083  Workforce Investment Act based on client eligibility or
 2084  requested waivers to make the clients eligible.
 2085         3. Funds made available by implementation strategies that
 2086  would make maximum use of work supplementation funds authorized
 2087  by federal law.
 2088         4. Funds authorized by strategies to lengthen participants’
 2089  eligibility for federal programs such as Medicaid, subsidized
 2090  child care services, and transportation.
 2091  
 2092  Incentives may include a stipend during periods of college
 2093  classroom training, a bonus and recognition for a high grade
 2094  point average, child care and prekindergarten services for
 2095  children of participants, and services to increase a
 2096  participant’s ability to advance to higher levels of employment.
 2097  Nonfinancial incentives should include providing a mentor or
 2098  tutor, and service incentives should continue and increase for
 2099  any participant who plans to complete the baccalaureate degree
 2100  and become a certified teacher. Services may be provided in
 2101  accordance with family choice by community colleges and school
 2102  district career centers, through family service centers and
 2103  full-service schools, or under contract with providers through
 2104  central agencies.
 2105         Section 33. Subsection (4) of section 125.901, Florida
 2106  Statutes, is amended to read:
 2107         125.901 Children’s services; independent special district;
 2108  council; powers, duties, and functions; public records
 2109  exemption.—
 2110         (4)(a) Any district created pursuant to the provisions of
 2111  this section may be dissolved by a special act of the
 2112  Legislature, or the county governing body may by ordinance
 2113  dissolve the district subject to the approval of the electorate.
 2114         (b)1.a. Notwithstanding paragraph (a), the governing body
 2115  of the county shall submit the question of retention or
 2116  dissolution of a district with voter-approved taxing authority
 2117  to the electorate in the general election according to the
 2118  following schedule:
 2119         (I) For a district in existence on July 1, 2010, and
 2120  serving a county with a population of 400,000 or fewer persons
 2121  as of that date............................................2014.
 2122         (II) For a district in existence on July 1, 2010, and
 2123  serving a county with a population of more than 400,000 but
 2124  fewer than 2 million persons as of that date...............2016.
 2125         (III) For a district in existence on July 1, 2010, and
 2126  serving a county with a population of 2 million or more persons
 2127  as of that date............................................2020.
 2128         b. A referendum by the electorate on or after July 1, 2010,
 2129  creating a new district with taxing authority may specify that
 2130  the district is not subject to reauthorization or may specify
 2131  the number of years for which the initial authorization shall
 2132  remain effective. If the referendum does not prescribe terms of
 2133  reauthorization, the governing body of the county shall submit
 2134  the question of retention or dissolution of the district to the
 2135  electorate in the general election 12 years after the initial
 2136  authorization.
 2137         2.The governing board of the district may specify, and
 2138  submit to the governing body of the county no later than nine
 2139  months before the scheduled election, that the district is not
 2140  subsequently subject to reauthorization or may specify the
 2141  number of years for which a reauthorization under this paragraph
 2142  shall remain effective. If the governing board of the district
 2143  makes such specification and submission, the governing body of
 2144  the county shall include that information in the question
 2145  submitted to the electorate. If the governing board of the
 2146  district does not specify and submit such information, the
 2147  governing body of the county shall resubmit the question of
 2148  reauthorization to the electorate every 12 years after the year
 2149  prescribed in subparagraph 1. The governing board of the
 2150  district may recommend to the governing body of the county
 2151  language for the question submitted to the electorate.
 2152         3. Nothing in this paragraph limits the authority to
 2153  dissolve a district as provided under paragraph (a).
 2154  
 2155  If any district is dissolved pursuant to the provisions of this
 2156  subsection, each county must shall first obligate itself to
 2157  assume the debts, liabilities, contracts, and outstanding
 2158  obligations of the district within the total millage available
 2159  to the county governing body for all county and municipal
 2160  purposes as provided for under s. 9, Art. VII of the State
 2161  Constitution. Any district may also be dissolved pursuant to the
 2162  provisions of s. 189.4042.
 2163         Section 34. Notwithstanding s. 31 of chapter 90-288, Laws
 2164  of Florida, the revisions made by this act to s. 125.901,
 2165  Florida Statutes, apply to any special district having taxing
 2166  authority to provide funding for children’s services, and
 2167  governed by a council on children’s services, which is in
 2168  existence on the effective date of this act and to any such
 2169  district created on or after the effective date of this act.
 2170         Section 35. Except as otherwise expressly provided in this
 2171  act and except for this section, which shall take effect May 31,
 2172  2010, this act shall take effect July 1, 2010.

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