October 15, 2019
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       Florida Senate - 2010                                    SB 2394
       
       
       
       By Senator Garcia
       
       
       
       
       40-01553-10                                           20102394__
    1                        A bill to be entitled                      
    2         An act relating to early learning; providing for a
    3         type two transfer of the Office of Early Learning
    4         within the Department of Education and the child care
    5         facility licensing responsibilities of the Department
    6         of Children and Family Services to the Office of Early
    7         Learning within the Agency for Workforce Innovation;
    8         amending ss. 402.281, 402.302, 402.305, 402.30501,
    9         402.3051, 402.317, 943.0585, 943.059, 1002.67,
   10         1002.69, 1002.73, and 1002.79, F.S.; conforming
   11         provisions and cross-references to changes made by the
   12         act; providing for the continued validity of child
   13         care facility licenses and registrations issued under
   14         ch. 402, F.S.; providing for conforming legislation;
   15         providing for assistance of certain legislative
   16         substantive committees or councils by the Division of
   17         Statutory Revision for certain purposes; providing an
   18         effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. (1)All of the powers, duties, functions,
   23  records, personnel, and property; unexpended balances of
   24  appropriations, allocations, and other funds; administrative
   25  authority; administrative rules; pending issues; and existing
   26  contracts of the Office of Early Learning within the Department
   27  of Education are transferred by a type two transfer, pursuant to
   28  s. 20.06(2), Florida Statutes, to the Office of Early Learning
   29  within the Agency for Workforce Innovation. The Office of Early
   30  Learning shall administer the state’s school readiness system,
   31  the Voluntary Prekindergarten Education Program, and child care
   32  facility licensing.
   33         (2) All of the powers, duties, functions, records,
   34  personnel, and property; unexpended balances of appropriations,
   35  allocations, and other funds; administrative authority;
   36  administrative rules; pending issues; and existing contracts of
   37  the Department of Children and Family Services relating to child
   38  care facility licensing standards are transferred by a type two
   39  transfer, pursuant to s. 20.06(2), Florida Statutes, to the
   40  Office of Early Learning within the Agency for Workforce
   41  Innovation.
   42         Section 2. Subsection (4) of section 402.281, Florida
   43  Statutes, is amended to read:
   44         402.281 Gold Seal Quality Care program.—
   45         (4) The Agency for Workforce Innovation Department of
   46  Children and Family Services shall adopt rules under ss.
   47  120.536(1) and 120.54 which provide criteria and procedures for
   48  reviewing and approving accrediting associations for
   49  participation in the Gold Seal Quality Care program, conferring
   50  and revoking designations of Gold Seal Quality Care providers,
   51  and classifying violations.
   52         Section 3. Present subsections (1) through (16) of section
   53  402.302, Florida Statutes, are redesignated as subsections (2)
   54  through (17), respectively, and a new subsection (1) is added to
   55  that section, to read:
   56         402.302 Definitions.—
   57         (1) “Agency” means the Agency for Workforce Innovation.
   58         Section 4. Section 402.305, Florida Statutes, is amended to
   59  read:
   60         402.305 Licensing standards; child care facilities.—
   61         (1) LICENSING STANDARDS.—The Agency for Workforce
   62  Innovation department shall establish licensing standards that
   63  each licensed child care facility must meet regardless of the
   64  origin or source of the fees used to operate the facility or the
   65  type of children served by the facility.
   66         (a) The standards shall be designed to address the
   67  following areas:
   68         1. The health, sanitation, safety, and adequate physical
   69  surroundings for all children in child care.
   70         2. The health and nutrition of all children in child care.
   71         3. The child development needs of all children in child
   72  care.
   73         (b) All standards established under ss. 402.301-402.319
   74  must be consistent with the rules adopted by the State Fire
   75  Marshal for child care facilities. However, if the facility is
   76  operated in a public school, the agency department shall use the
   77  public school fire code, as provided in the rules of the State
   78  Board of Education, as the minimum standard for firesafety.
   79         (c) The minimum standards for child care facilities shall
   80  be adopted in the rules of the agency department and shall
   81  address the areas delineated in this section. The agency
   82  department, in adopting rules to establish minimum standards for
   83  child care facilities, shall recognize that different age groups
   84  of children may require different standards. The agency
   85  department may adopt different minimum standards for facilities
   86  that serve children in different age groups, including school
   87  age children. The agency department shall also adopt by rule a
   88  definition for child care which distinguishes between child care
   89  programs that require child care licensure and after-school
   90  programs that do not require licensure. Notwithstanding any
   91  other provision of law to the contrary, minimum child care
   92  licensing standards shall be developed to provide for
   93  reasonable, affordable, and safe before-school and after-school
   94  care. Standards, at a minimum, shall allow for a credentialed
   95  director to supervise multiple before-school and after-school
   96  sites.
   97         (2) PERSONNEL.—Minimum standards for child care personnel
   98  shall include minimum requirements as to:
   99         (a) Good moral character based upon screening. This
  100  screening shall be conducted as provided in chapter 435, using
  101  the level 2 standards for screening set forth in that chapter.
  102         (b) The agency department may grant exemptions from
  103  disqualification from working with children or the
  104  developmentally disabled as provided in s. 435.07.
  105         (c) Minimum age requirements. Such minimum standards shall
  106  prohibit a person under the age of 21 from being the operator of
  107  a child care facility and a person under the age of 16 from
  108  being employed at such facility unless such person is under
  109  direct supervision and is not counted for the purposes of
  110  computing the personnel-to-child ratio.
  111         (d) Minimum training requirements for child care personnel.
  112         1. Such minimum standards for training shall ensure that
  113  all child care personnel take an approved 40-clock-hour
  114  introductory course in child care, which course covers at least
  115  the following topic areas:
  116         a. State and local rules and regulations which govern child
  117  care.
  118         b. Health, safety, and nutrition.
  119         c. Identifying and reporting child abuse and neglect.
  120         d. Child development, including typical and atypical
  121  language, cognitive, motor, social, and self-help skills
  122  development.
  123         e. Observation of developmental behaviors, including using
  124  a checklist or other similar observation tools and techniques to
  125  determine the child’s developmental age level.
  126         f. Specialized areas, including computer technology for
  127  professional and classroom use and early literacy and language
  128  development of children from birth to 5 years of age, as
  129  determined by the agency department, for owner-operators and
  130  child care personnel of a child care facility.
  131  
  132  Within 90 days after employment, child care personnel shall
  133  begin training to meet the training requirements. Child care
  134  personnel shall successfully complete such training within 1
  135  year after the date on which the training began, as evidenced by
  136  passage of a competency examination. Successful completion of
  137  the 40-clock-hour introductory course shall articulate into
  138  community college credit in early childhood education, pursuant
  139  to ss. 1007.24 and 1007.25. Exemption from all or a portion of
  140  the required training shall be granted to child care personnel
  141  based upon educational credentials or passage of competency
  142  examinations. Child care personnel possessing a 2-year degree or
  143  higher that includes 6 college credit hours in early childhood
  144  development or child growth and development, or a child
  145  development associate credential or an equivalent state-approved
  146  child development associate credential, or a child development
  147  associate waiver certificate shall be automatically exempted
  148  from the training requirements in sub-subparagraphs b., d., and
  149  e.
  150         2. The introductory course in child care shall stress, to
  151  the extent possible, an interdisciplinary approach to the study
  152  of children.
  153         3. The introductory course shall cover recognition and
  154  prevention of shaken baby syndrome, prevention of sudden infant
  155  death syndrome, and early childhood brain development within the
  156  topic areas identified in this paragraph.
  157         4. On an annual basis in order to further their child care
  158  skills and, if appropriate, administrative skills, child care
  159  personnel who have fulfilled the requirements for the child care
  160  training shall be required to take an additional 1 continuing
  161  education unit of approved inservice training, or 10 clock hours
  162  of equivalent training, as determined by the agency department.
  163         5. Child care personnel shall be required to complete 0.5
  164  continuing education unit of approved training or 5 clock hours
  165  of equivalent training, as determined by the agency department,
  166  in early literacy and language development of children from
  167  birth to 5 years of age one time. The year that this training is
  168  completed, it shall fulfill the 0.5 continuing education unit or
  169  5 clock hours of the annual training required in subparagraph 4.
  170         6. Procedures for ensuring the training of qualified child
  171  care professionals to provide training of child care personnel,
  172  including onsite training, shall be included in the minimum
  173  standards. It is recommended that the state community child care
  174  coordination agencies (central agencies) be contracted by the
  175  agency department to coordinate such training when possible.
  176  Other district educational resources, such as community colleges
  177  and career programs, can be designated in such areas where
  178  central agencies may not exist or are determined not to have the
  179  capability to meet the coordination requirements set forth by
  180  the agency department.
  181         7. Training requirements shall not apply to certain
  182  occasional or part-time support staff, including, but not
  183  limited to, swimming instructors, piano teachers, dance
  184  instructors, and gymnastics instructors.
  185         8. The agency department shall evaluate or contract for an
  186  evaluation for the general purpose of determining the status of
  187  and means to improve staff training requirements and testing
  188  procedures. The evaluation shall be conducted every 2 years. The
  189  evaluation shall include, but not be limited to, determining the
  190  availability, quality, scope, and sources of current staff
  191  training; determining the need for specialty training; and
  192  determining ways to increase inservice training and ways to
  193  increase the accessibility, quality, and cost-effectiveness of
  194  current and proposed staff training. The evaluation methodology
  195  shall include a reliable and valid survey of child care
  196  personnel.
  197         9. The child care operator shall be required to take basic
  198  training in serving children with disabilities within 5 years
  199  after employment, either as a part of the introductory training
  200  or the annual 8 hours of inservice training.
  201         (e) Periodic health examinations.
  202         (f) By January 1, 2000, a credential for child care
  203  facility directors. By January 1, 2004, the credential shall be
  204  a required minimum standard for licensing.
  205         (3) MINIMUM STAFF CREDENTIALS.—By July 1, 1996, for every
  206  20 children in a licensed child care facility, if the facility
  207  operates 8 hours or more per week, one of the child care
  208  personnel in the facility must have:
  209         (a) A child development associate credential;
  210         (b) A child care professional credential, unless the agency
  211  department determines that such child care professional
  212  credential is not equivalent to or greater than a child
  213  development associate credential; or
  214         (c) A credential that is equivalent to or greater than the
  215  credential required in paragraph (a) or paragraph (b).
  216  
  217  The agency department shall establish by rule those hours of
  218  operation, such as during rest periods and transitional periods,
  219  when this subsection does not apply.
  220         (4) STAFF-TO-CHILDREN RATIO.—
  221         (a) Minimum standards for the care of children in a
  222  licensed child care facility as established by rule of the
  223  agency department must include:
  224         1. For children from birth through 1 year of age, there
  225  must be one child care personnel for every four children.
  226         2. For children 1 year of age or older, but under 2 years
  227  of age, there must be one child care personnel for every six
  228  children.
  229         3. For children 2 years of age or older, but under 3 years
  230  of age, there must be one child care personnel for every 11
  231  children.
  232         4. For children 3 years of age or older, but under 4 years
  233  of age, there must be one child care personnel for every 15
  234  children.
  235         5. For children 4 years of age or older, but under 5 years
  236  of age, there must be one child care personnel for every 20
  237  children.
  238         6. For children 5 years of age or older, there must be one
  239  child care personnel for every 25 children.
  240         7. When children 2 years of age and older are in care, the
  241  staff-to-children ratio shall be based on the age group with the
  242  largest number of children within the group.
  243         (b) This subsection does not apply to nonpublic schools and
  244  their integral programs as defined in s. 402.3025(2)(d)1. In
  245  addition, an individual participating in a community service
  246  program activity under s. 445.024(1)(e), or a work experience
  247  activity under s. 445.024(1)(f), at a child care facility may
  248  not be considered in calculating the staff-to-children ratio.
  249         (5) PHYSICAL FACILITIES.—Minimum standards shall include
  250  requirements for building conditions, indoor play space, outdoor
  251  play space, napping space, bathroom facilities, food preparation
  252  facilities, outdoor equipment, and indoor equipment. Because of
  253  the nature and duration of drop-in child care, outdoor play
  254  space and outdoor equipment shall not be required for licensure;
  255  however, if such play space and equipment are provided, then the
  256  minimum standards shall apply to drop-in child care. With
  257  respect to minimum standards for physical facilities of a child
  258  care program for school-age children which is operated in a
  259  public school facility, the agency department shall adopt the
  260  State Uniform Building Code for Public Educational Facilities
  261  Construction as the minimum standards, regardless of the
  262  operator of the program. The Legislature intends that if a child
  263  care program for school-age children is operated in a public
  264  school, the program need not conform to standards for physical
  265  facilities other than the standards adopted by the Commissioner
  266  of Education.
  267         (6) SQUARE FOOTAGE PER CHILD.—Minimum standards shall be
  268  established by the agency department by rule.
  269         (a) A child care facility that holds a valid license on
  270  October 1, 1992, must have a minimum of 20 square feet of usable
  271  indoor floor space for each child and a minimum of 45 square
  272  feet of usable outdoor play area for each child. Outdoor play
  273  area shall be calculated at the rate of 45 feet per child in any
  274  group using the play area at one time. A minimum play area shall
  275  be provided for one half of the licensed capacity. This standard
  276  applies as long as the child care facility remains licensed at
  277  the site occupied on October 1, 1992, and shall not be affected
  278  by any change in the ownership of the site.
  279         (b) A child care facility that does not hold a valid
  280  license on October 1, 1992, and seeks regulatory approval to
  281  operate as a child care facility must have a minimum of 35
  282  square feet of usable floor space for each child and a minimum
  283  of 45 square feet of usable outdoor play area for each child.
  284  
  285  The minimum standard for outdoor play area does not apply in
  286  calculating square footage for children under 1 year of age.
  287  However, appropriate outdoor infant equipment shall be
  288  substituted for outdoor play space. The centers shall provide
  289  facilities and equipment conducive to the physical activities
  290  appropriate for the age and physical development of the child.
  291         (7) SANITATION AND SAFETY.—
  292         (a) Minimum standards shall include requirements for
  293  sanitary and safety conditions, first aid treatment, emergency
  294  procedures, and pediatric cardiopulmonary resuscitation. The
  295  minimum standards shall require that at least one staff person
  296  trained in cardiopulmonary resuscitation, as evidenced by
  297  current documentation of course completion, must be present at
  298  all times that children are present.
  299         (b) In the case of a child care program for school-age
  300  children attending before and after school programs on the
  301  public school site, the agency department shall use the public
  302  school fire code, as adopted in the rules of the State Board of
  303  Education, as the minimum standard for firesafety. In the case
  304  of a child care program for school-age children attending
  305  before-school and after-school programs on a site operated by a
  306  municipality, the agency department shall adopt rules for such
  307  site and intended use.
  308         (c) Some type of communications system, such as a pocket
  309  pager or beeper, shall be provided to a parent whose child is in
  310  drop-in child care to ensure the immediate return of the parent
  311  to the child, if necessary.
  312         (8) NUTRITIONAL PRACTICES.—Minimum standards shall include
  313  requirements for the provision of meals or snacks of a quality
  314  and quantity to assure that the nutritional needs of the child
  315  are met.
  316         (9) ADMISSIONS AND RECORDKEEPING.—
  317         (a) Minimum standards shall include requirements for
  318  preadmission and periodic health examinations, requirements for
  319  immunizations, and requirements for maintaining emergency
  320  information and health records on all children.
  321         (b) During the months of August and September of each year,
  322  each child care facility shall provide parents of children
  323  enrolled in the facility detailed information regarding the
  324  causes, symptoms, and transmission of the influenza virus in an
  325  effort to educate those parents regarding the importance of
  326  immunizing their children against influenza as recommended by
  327  the Advisory Committee on Immunization Practices of the Centers
  328  for Disease Control and Prevention.
  329         (c) Because of the nature and duration of drop-in child
  330  care, requirements for preadmission and periodic health
  331  examinations and requirements for medically signed records of
  332  immunization required for child care facilities shall not apply.
  333  A parent of a child in drop-in child care shall, however, be
  334  required to attest to the child’s health condition and the type
  335  and current status of the child’s immunizations.
  336         (d) Any child shall be exempt from medical or physical
  337  examination or medical or surgical treatment upon written
  338  request of the parent or guardian of such child who objects to
  339  the examination and treatment. However, the laws, rules, and
  340  regulations relating to contagious or communicable diseases and
  341  sanitary matters shall not be violated because of any exemption
  342  from or variation of the health and immunization minimum
  343  standards.
  344         (10) TRANSPORTATION SAFETY.—Minimum standards shall include
  345  requirements for child restraints or seat belts in vehicles used
  346  by child care facilities and large family child care homes to
  347  transport children, requirements for annual inspections of the
  348  vehicles, limitations on the number of children in the vehicles,
  349  and accountability for children being transported.
  350         (11) ACCESS.—Minimum standards shall provide for reasonable
  351  access to the child care facility by the custodial parent or
  352  guardian during the time the child is in care.
  353         (12) CHILD DISCIPLINE.—
  354         (a) Minimum standards for child discipline practices shall
  355  ensure that age-appropriate, constructive disciplinary practices
  356  are used for children in care. Such standards shall include at
  357  least the following requirements:
  358         1. Children shall not be subjected to discipline which is
  359  severe, humiliating, or frightening.
  360         2. Discipline shall not be associated with food, rest, or
  361  toileting.
  362         3. Spanking or any other form of physical punishment is
  363  prohibited.
  364         (b) Prior to admission of a child to a child care facility,
  365  the facility shall notify the parents in writing of the
  366  disciplinary practices used by the facility.
  367         (13) PLAN OF ACTIVITIES.—Minimum standards shall ensure
  368  that each child care facility has and implements a written plan
  369  for the daily provision of varied activities and active and
  370  quiet play opportunities appropriate to the age of the child.
  371  The written plan must include a program, to be implemented
  372  periodically for children of an appropriate age, which will
  373  assist the children in preventing and avoiding physical and
  374  mental abuse.
  375         (14) URBAN CHILD CARE FACILITIES.—Minimum standards shall
  376  include requirements for child care facilities located in urban
  377  areas. The standards must allow urban child care facilities to
  378  substitute indoor play space for outdoor play space, if outdoor
  379  play space is not available in the area, and must set forth
  380  additional requirements that apply to a facility which makes
  381  that substitution, including, but not limited to, additional
  382  square footage requirements for indoor space; air ventilation
  383  provisions; and a requirement to provide facilities and
  384  equipment conducive to physical activities appropriate for the
  385  age of the children.
  386         (15) TRANSITION PERIODS.—During the periods of time in
  387  which children are arriving and departing from the child care
  388  facility, notwithstanding local fire ordinances, the provisions
  389  of subsection (6) are suspended for a period of time not to
  390  exceed 30 minutes.
  391         (16) EVENING AND WEEKEND CHILD CARE.—Minimum standards
  392  shall be developed by the agency department to provide for
  393  reasonable, affordable, and safe evening and weekend child care.
  394  Each facility offering evening or weekend child care must meet
  395  these minimum standards, regardless of the origin or source of
  396  the fees used to operate the facility or the type of children
  397  served by the facility. The agency department may modify by rule
  398  the licensing standards contained in this section to accommodate
  399  evening child care.
  400         (17) SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF
  401  MILDLY ILL CHILDREN.—Minimum standards shall be developed by the
  402  agency department, in conjunction with the Department of Health,
  403  for specialized child care facilities for the care of mildly ill
  404  children. The minimum standards shall address the following
  405  areas: personnel requirements; staff-to-child ratios; staff
  406  training and credentials; health and safety; physical facility
  407  requirements, including square footage; client eligibility,
  408  including a definition of “mildly ill children”; sanitation and
  409  safety; admission and recordkeeping; dispensing of medication;
  410  and a schedule of activities.
  411         (18) TRANSFER OF OWNERSHIP.—
  412         (a) One week prior to the transfer of ownership of a child
  413  care facility or family day care home, the transferor shall
  414  notify the parent or caretaker of each child of the impending
  415  transfer.
  416         (b) The agency department shall, by rule, establish methods
  417  by which notice will be achieved and minimum standards by which
  418  to implement this subsection.
  419         Section 5. Section 402.30501, Florida Statutes, is amended
  420  to read:
  421         402.30501 Modification of introductory child care course
  422  for community college credit authorized.—The Agency for
  423  Workforce Innovation Department of Children and Family Services
  424  may modify the 40-clock-hour introductory course in child care
  425  under s. 402.305 or s. 402.3131 to meet the requirements of
  426  articulating the course to community college credit. Any
  427  modification must continue to provide that the course satisfies
  428  the requirements of s. 402.305(2)(d).
  429         Section 6. Section 402.3051, Florida Statutes, is amended
  430  to read:
  431         402.3051 Child care market rate reimbursement; child care
  432  grants.—
  433         (1) As used in this section, the term:
  434         (a) “Child care program assessment tool” means an
  435  assessment instrument designated or developed by the Agency for
  436  Workforce Innovation department to determine quality child care
  437  and other child development services to children under the
  438  provision of s. 402.3015, Title IV-A of the Social Security Act,
  439  and the Child Care and Development Block Grant Act of 1990.
  440         (b) “Market rate” means the price that a child care
  441  provider charges for daily, weekly, or monthly child care
  442  services. Market rate shall:
  443         1. Be established for licensed child care facilities or
  444  facilities that are not subject to s. 402.305, licensed or
  445  registered family day care homes, licensed before-school and
  446  after-school child care programs, and unregulated care provided
  447  by a relative or other caretaker.
  448         2. Differentiate among child care for children with special
  449  needs or risk categories, infants, toddlers, and preschool and
  450  school-age children.
  451         3. Differentiate between full-time and part-time care.
  452         4. Consider reductions in the cost of care for additional
  453  children in the same family.
  454         (c) “Prevailing market rate” means the annually determined
  455  75th percentile of a reasonable frequency distribution of market
  456  rate in a predetermined geographic market at which licensed
  457  child care providers charge a person for child care services.
  458         (2) The agency department shall establish procedures to
  459  reimburse licensed, exempt, or registered child care providers
  460  who hold a Gold Seal Quality Care designation at the market rate
  461  for child care services for children who are eligible to receive
  462  subsidized child care; and licensed, exempt, or registered child
  463  care providers at the prevailing market rate for child care
  464  services for children who are eligible to receive subsidized
  465  child care, unless prohibited by federal law under s. 402.3015.
  466  The agency department shall establish procedures to reimburse
  467  providers of unregulated child care at not more than 50 percent
  468  of the market rate. The payment system may not interfere with
  469  the parents’ decision as to the appropriate child care
  470  arrangement, regardless of the level of available funding for
  471  child care. The child care program assessment tool may not be
  472  used to determine reimbursement rates.
  473         (3) The agency department may provide child care grants to
  474  central agencies, community colleges, and career programs for
  475  the purpose of providing support and technical assistance to
  476  licensed child care providers.
  477         (4) The agency department may use the state community child
  478  care coordination agencies (central agencies), community
  479  colleges, and career programs to implement this section.
  480         (5) The agency department may adopt rules and other policy
  481  provisions necessary to implement this section.
  482         (6) This section shall be implemented only to the extent
  483  that funding is available.
  484         Section 7. Section 402.317, Florida Statutes, is amended to
  485  read:
  486         402.317 Prolonged child care.—Notwithstanding the time
  487  restriction specified in s. 402.302(2) s. 402.302(1), child care
  488  may be provided for 24 hours or longer for a child whose parent
  489  or legal guardian works a shift of 24 hours or more. The
  490  requirement that a parent or legal guardian work a shift of 24
  491  hours or more must be certified in writing by the employer, and
  492  the written certification shall be maintained in the facility by
  493  the child care provider and made available to the licensing
  494  agency. The time that a child remains in child care, however,
  495  may not exceed 72 consecutive hours in any 7-day period. During
  496  a declared state of emergency, the child care licensing agency
  497  may temporarily waive the time limitations provided in this
  498  section.
  499         Section 8. Paragraph (a) of subsection (4) of section
  500  943.0585, Florida Statutes, is amended to read:
  501         943.0585 Court-ordered expunction of criminal history
  502  records.—The courts of this state have jurisdiction over their
  503  own procedures, including the maintenance, expunction, and
  504  correction of judicial records containing criminal history
  505  information to the extent such procedures are not inconsistent
  506  with the conditions, responsibilities, and duties established by
  507  this section. Any court of competent jurisdiction may order a
  508  criminal justice agency to expunge the criminal history record
  509  of a minor or an adult who complies with the requirements of
  510  this section. The court shall not order a criminal justice
  511  agency to expunge a criminal history record until the person
  512  seeking to expunge a criminal history record has applied for and
  513  received a certificate of eligibility for expunction pursuant to
  514  subsection (2). A criminal history record that relates to a
  515  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
  516  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
  517  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
  518  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
  519  any violation specified as a predicate offense for registration
  520  as a sexual predator pursuant to s. 775.21, without regard to
  521  whether that offense alone is sufficient to require such
  522  registration, or for registration as a sexual offender pursuant
  523  to s. 943.0435, may not be expunged, without regard to whether
  524  adjudication was withheld, if the defendant was found guilty of
  525  or pled guilty or nolo contendere to the offense, or if the
  526  defendant, as a minor, was found to have committed, or pled
  527  guilty or nolo contendere to committing, the offense as a
  528  delinquent act. The court may only order expunction of a
  529  criminal history record pertaining to one arrest or one incident
  530  of alleged criminal activity, except as provided in this
  531  section. The court may, at its sole discretion, order the
  532  expunction of a criminal history record pertaining to more than
  533  one arrest if the additional arrests directly relate to the
  534  original arrest. If the court intends to order the expunction of
  535  records pertaining to such additional arrests, such intent must
  536  be specified in the order. A criminal justice agency may not
  537  expunge any record pertaining to such additional arrests if the
  538  order to expunge does not articulate the intention of the court
  539  to expunge a record pertaining to more than one arrest. This
  540  section does not prevent the court from ordering the expunction
  541  of only a portion of a criminal history record pertaining to one
  542  arrest or one incident of alleged criminal activity.
  543  Notwithstanding any law to the contrary, a criminal justice
  544  agency may comply with laws, court orders, and official requests
  545  of other jurisdictions relating to expunction, correction, or
  546  confidential handling of criminal history records or information
  547  derived therefrom. This section does not confer any right to the
  548  expunction of any criminal history record, and any request for
  549  expunction of a criminal history record may be denied at the
  550  sole discretion of the court.
  551         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
  552  criminal history record of a minor or an adult which is ordered
  553  expunged by a court of competent jurisdiction pursuant to this
  554  section must be physically destroyed or obliterated by any
  555  criminal justice agency having custody of such record; except
  556  that any criminal history record in the custody of the
  557  department must be retained in all cases. A criminal history
  558  record ordered expunged that is retained by the department is
  559  confidential and exempt from the provisions of s. 119.07(1) and
  560  s. 24(a), Art. I of the State Constitution and not available to
  561  any person or entity except upon order of a court of competent
  562  jurisdiction. A criminal justice agency may retain a notation
  563  indicating compliance with an order to expunge.
  564         (a) The person who is the subject of a criminal history
  565  record that is expunged under this section or under other
  566  provisions of law, including former s. 893.14, former s. 901.33,
  567  and former s. 943.058, may lawfully deny or fail to acknowledge
  568  the arrests covered by the expunged record, except when the
  569  subject of the record:
  570         1. Is a candidate for employment with a criminal justice
  571  agency;
  572         2. Is a defendant in a criminal prosecution;
  573         3. Concurrently or subsequently petitions for relief under
  574  this section or s. 943.059;
  575         4. Is a candidate for admission to The Florida Bar;
  576         5. Is seeking to be employed or licensed by or to contract
  577  with the Department of Children and Family Services, the Agency
  578  for Health Care Administration, the Agency for Persons with
  579  Disabilities, or the Department of Juvenile Justice or to be
  580  employed or used by such contractor or licensee in a sensitive
  581  position having direct contact with children, the
  582  developmentally disabled, the aged, or the elderly as provided
  583  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  584  402.302(4) s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.
  585  415.102(4), chapter 916, s. 985.644, chapter 400, or chapter
  586  429;
  587         6. Is seeking to be employed or licensed by the Department
  588  of Education, any district school board, any university
  589  laboratory school, any charter school, any private or parochial
  590  school, or any local governmental entity that licenses child
  591  care facilities; or
  592         7. Is seeking authorization from a seaport listed in s.
  593  311.09 for employment within or access to one or more of such
  594  seaports pursuant to s. 311.12.
  595         Section 9. Paragraph (a) of subsection (4) of section
  596  943.059, Florida Statutes, is amended to read:
  597         943.059 Court-ordered sealing of criminal history records.
  598  The courts of this state shall continue to have jurisdiction
  599  over their own procedures, including the maintenance, sealing,
  600  and correction of judicial records containing criminal history
  601  information to the extent such procedures are not inconsistent
  602  with the conditions, responsibilities, and duties established by
  603  this section. Any court of competent jurisdiction may order a
  604  criminal justice agency to seal the criminal history record of a
  605  minor or an adult who complies with the requirements of this
  606  section. The court shall not order a criminal justice agency to
  607  seal a criminal history record until the person seeking to seal
  608  a criminal history record has applied for and received a
  609  certificate of eligibility for sealing pursuant to subsection
  610  (2). A criminal history record that relates to a violation of s.
  611  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
  612  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
  613  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
  614  916.1075, a violation enumerated in s. 907.041, or any violation
  615  specified as a predicate offense for registration as a sexual
  616  predator pursuant to s. 775.21, without regard to whether that
  617  offense alone is sufficient to require such registration, or for
  618  registration as a sexual offender pursuant to s. 943.0435, may
  619  not be sealed, without regard to whether adjudication was
  620  withheld, if the defendant was found guilty of or pled guilty or
  621  nolo contendere to the offense, or if the defendant, as a minor,
  622  was found to have committed or pled guilty or nolo contendere to
  623  committing the offense as a delinquent act. The court may only
  624  order sealing of a criminal history record pertaining to one
  625  arrest or one incident of alleged criminal activity, except as
  626  provided in this section. The court may, at its sole discretion,
  627  order the sealing of a criminal history record pertaining to
  628  more than one arrest if the additional arrests directly relate
  629  to the original arrest. If the court intends to order the
  630  sealing of records pertaining to such additional arrests, such
  631  intent must be specified in the order. A criminal justice agency
  632  may not seal any record pertaining to such additional arrests if
  633  the order to seal does not articulate the intention of the court
  634  to seal records pertaining to more than one arrest. This section
  635  does not prevent the court from ordering the sealing of only a
  636  portion of a criminal history record pertaining to one arrest or
  637  one incident of alleged criminal activity. Notwithstanding any
  638  law to the contrary, a criminal justice agency may comply with
  639  laws, court orders, and official requests of other jurisdictions
  640  relating to sealing, correction, or confidential handling of
  641  criminal history records or information derived therefrom. This
  642  section does not confer any right to the sealing of any criminal
  643  history record, and any request for sealing a criminal history
  644  record may be denied at the sole discretion of the court.
  645         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
  646  history record of a minor or an adult which is ordered sealed by
  647  a court of competent jurisdiction pursuant to this section is
  648  confidential and exempt from the provisions of s. 119.07(1) and
  649  s. 24(a), Art. I of the State Constitution and is available only
  650  to the person who is the subject of the record, to the subject’s
  651  attorney, to criminal justice agencies for their respective
  652  criminal justice purposes, which include conducting a criminal
  653  history background check for approval of firearms purchases or
  654  transfers as authorized by state or federal law, to judges in
  655  the state courts system for the purpose of assisting them in
  656  their case-related decisionmaking responsibilities, as set forth
  657  in s. 943.053(5), or to those entities set forth in
  658  subparagraphs (a)1., 4., 5., 6., and 8. for their respective
  659  licensing, access authorization, and employment purposes.
  660         (a) The subject of a criminal history record sealed under
  661  this section or under other provisions of law, including former
  662  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
  663  deny or fail to acknowledge the arrests covered by the sealed
  664  record, except when the subject of the record:
  665         1. Is a candidate for employment with a criminal justice
  666  agency;
  667         2. Is a defendant in a criminal prosecution;
  668         3. Concurrently or subsequently petitions for relief under
  669  this section or s. 943.0585;
  670         4. Is a candidate for admission to The Florida Bar;
  671         5. Is seeking to be employed or licensed by or to contract
  672  with the Department of Children and Family Services, the Agency
  673  for Health Care Administration, the Agency for Persons with
  674  Disabilities, or the Department of Juvenile Justice or to be
  675  employed or used by such contractor or licensee in a sensitive
  676  position having direct contact with children, the
  677  developmentally disabled, the aged, or the elderly as provided
  678  in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s.
  679  402.302(4) s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s.
  680  415.102(4), s. 415.103, chapter 916, s. 985.644, chapter 400, or
  681  chapter 429;
  682         6. Is seeking to be employed or licensed by the Department
  683  of Education, any district school board, any university
  684  laboratory school, any charter school, any private or parochial
  685  school, or any local governmental entity that licenses child
  686  care facilities;
  687         7. Is attempting to purchase a firearm from a licensed
  688  importer, licensed manufacturer, or licensed dealer and is
  689  subject to a criminal history check under state or federal law;
  690  or
  691         8. Is seeking authorization from a Florida seaport
  692  identified in s. 311.09 for employment within or access to one
  693  or more of such seaports pursuant to s. 311.12.
  694         Section 10. Section 1002.67, Florida Statutes, is amended
  695  to read:
  696         1002.67 Performance standards; curricula and
  697  accountability.—
  698         (1) By April 1, 2005, The Agency for Workforce Innovation
  699  department shall maintain develop and adopt performance
  700  standards for students in the Voluntary Prekindergarten
  701  Education Program. The performance standards must address the
  702  age-appropriate progress of students in the development of:
  703         (a) The capabilities, capacities, and skills required under
  704  s. 1(b), Art. IX of the State Constitution; and
  705         (b) Emergent literacy skills, including oral communication,
  706  knowledge of print and letters, phonemic and phonological
  707  awareness, and vocabulary and comprehension development.
  708         (2)(a) Each private prekindergarten provider and public
  709  school may select or design the curriculum that the provider or
  710  school uses to implement the Voluntary Prekindergarten Education
  711  Program, except as otherwise required for a provider or school
  712  that is placed on probation under paragraph (3)(c).
  713         (b) Each private prekindergarten provider’s and public
  714  school’s curriculum must be developmentally appropriate and
  715  must:
  716         1. Be designed to prepare a student for early literacy;
  717         2. Enhance the age-appropriate progress of students in
  718  attaining the performance standards adopted by the agency
  719  department under subsection (1); and
  720         3. Prepare students to be ready for kindergarten based upon
  721  the statewide kindergarten screening administered under s.
  722  1002.69.
  723         (c) The agency department shall review and approve
  724  curricula for use by private prekindergarten providers and
  725  public schools that are placed on probation under paragraph
  726  (3)(c). The agency department shall maintain a list of the
  727  curricula approved under this paragraph. Each approved
  728  curriculum must meet the requirements of paragraph (b).
  729         (3)(a) Each early learning coalition shall verify that each
  730  private prekindergarten provider delivering the Voluntary
  731  Prekindergarten Education Program within the coalition’s county
  732  or multicounty region complies with this part. Each district
  733  school board shall verify that each public school delivering the
  734  program within the school district complies with this part.
  735         (b) If a private prekindergarten provider or public school
  736  fails or refuses to comply with this part, or if a provider or
  737  school engages in misconduct, the Agency for Workforce
  738  Innovation shall require the early learning coalition to remove
  739  the provider, and the Department of Education shall require the
  740  school district to remove the school, from eligibility to
  741  deliver the Voluntary Prekindergarten Education Program and
  742  receive state funds under this part.
  743         (c)1. If the kindergarten readiness rate of a private
  744  prekindergarten provider or public school falls below the
  745  minimum rate adopted by the agency State Board of Education as
  746  satisfactory under s. 1002.69(6), the early learning coalition
  747  or school district, as applicable, shall require the provider or
  748  school to submit an improvement plan for approval by the
  749  coalition or school district, as applicable, and to implement
  750  the plan.
  751         2. If a private prekindergarten provider or public school
  752  fails to meet the minimum rate adopted by the agency State Board
  753  of Education as satisfactory under s. 1002.69(6) for 2
  754  consecutive years, the early learning coalition or school
  755  district, as applicable, shall place the provider or school on
  756  probation and must require the provider or school to take
  757  certain corrective actions, including the use of a curriculum
  758  approved by the agency department under paragraph (2)(c).
  759         3. A private prekindergarten provider or public school that
  760  is placed on probation must continue the corrective actions
  761  required under subparagraph 2., including the use of a
  762  curriculum approved by the department, until the provider or
  763  school meets the minimum rate adopted by the agency State Board
  764  of Education as satisfactory under s. 1002.69(6).
  765         4. If a private prekindergarten provider or public school
  766  remains on probation for 2 consecutive years and fails to meet
  767  the minimum rate adopted by the agency State Board of Education
  768  as satisfactory under s. 1002.69(6), the Agency for Workforce
  769  Innovation shall require the early learning coalition or the
  770  Department of Education shall require the school district, as
  771  applicable, to remove the provider or school from eligibility to
  772  deliver the Voluntary Prekindergarten Education Program and
  773  receive state funds for the program.
  774         (d)Each early learning coalition, the Agency for Workforce
  775  Innovation, and the department shall coordinate with the Child
  776  Care Services Program Office of the Department of Children and
  777  Family Services to minimize interagency duplication of
  778  activities for monitoring private prekindergarten providers for
  779  compliance with requirements of the Voluntary Prekindergarten
  780  Education Program under this part, the school readiness programs
  781  under s. 411.01, and the licensing of providers under ss.
  782  402.301-402.319.
  783         Section 11. Subsections (1), (5), and (6) of section
  784  1002.69, Florida Statutes, are amended to read:
  785         1002.69 Statewide kindergarten screening; kindergarten
  786  readiness rates.—
  787         (1) The Agency for Workforce Innovation department shall
  788  adopt a statewide kindergarten screening that assesses the
  789  readiness of each student for kindergarten based upon the
  790  performance standards adopted by the agency department under s.
  791  1002.67(1) for the Voluntary Prekindergarten Education Program.
  792  The agency department shall require that each school district
  793  administer the statewide kindergarten screening to each
  794  kindergarten student in the school district within the first 30
  795  school days of each school year.
  796         (5) The agency State Board of Education shall adopt
  797  procedures for the annual calculation of department to annually
  798  calculate each private prekindergarten provider’s and public
  799  school’s kindergarten readiness rate, which must be expressed as
  800  the percentage of the provider’s or school’s students who are
  801  assessed as ready for kindergarten. The kindergarten readiness
  802  rates must be based exclusively upon the results of the
  803  statewide kindergarten screening for students completing the
  804  Voluntary Prekindergarten Education Program, beginning with
  805  students completing the program during the 2005-2006 school year
  806  who are administered the statewide kindergarten screening during
  807  the 2006-2007 school year. The rates must not include students
  808  who are not administered the statewide kindergarten screening.
  809         (6)(a) The agency State Board of Education shall
  810  periodically adopt a minimum kindergarten readiness rate that,
  811  if achieved by a private prekindergarten provider or public
  812  school, would demonstrate the provider’s or school’s
  813  satisfactory delivery of the Voluntary Prekindergarten Education
  814  Program.
  815         (b)The minimum rate must not exceed the rate at which more
  816  than 15 percent of the kindergarten readiness rates of all
  817  private prekindergarten providers and public schools delivering
  818  the Voluntary Prekindergarten Education Program in the state
  819  would fall below the minimum rate.
  820         Section 12. Section 1002.73, Florida Statutes, is amended
  821  to read:
  822         1002.73 Agency for Workforce Innovation Department of
  823  Education; powers and duties; accountability requirements.—
  824         (1) The Agency for Workforce Innovation department shall
  825  administer the accountability requirements of the Voluntary
  826  Prekindergarten Education Program at the state level.
  827         (2) The agency department shall adopt procedures for the
  828  agency’s department’s:
  829         (a) Approval of prekindergarten director credentials under
  830  ss. 1002.55 and 1002.57.
  831         (b) Approval of emergent literacy training courses under
  832  ss. 1002.55 and 1002.59.
  833         (c) Certification of school districts that are eligible to
  834  deliver the school-year prekindergarten program under s.
  835  1002.63.
  836         (3)(c)The agency shall adopt procedures for administration
  837  of the statewide kindergarten screening and calculation of
  838  kindergarten readiness rates under s. 1002.69.
  839         (4)(3) Except as provided by law, the agency department may
  840  not impose requirements on a private prekindergarten provider
  841  that does not deliver the Voluntary Prekindergarten Education
  842  Program or receive state funds under this part.
  843         Section 13. Section 1002.79, Florida Statutes, is amended
  844  to read:
  845         1002.79 Rulemaking authority.—
  846         (1)The State Board of Education shall adopt rules under
  847  ss. 120.536(1) and 120.54 to administer the provisions of this
  848  part conferring duties upon the department.
  849         (2) The Agency for Workforce Innovation shall adopt rules
  850  under ss. 120.536(1) and 120.54 to administer the provisions of
  851  this part conferring duties upon the agency.
  852         Section 14. Notwithstanding the transfer of regulatory
  853  authority over child care facility licensing in chapter 402,
  854  Florida Statutes, provided by this act, persons and entities
  855  holding in good standing any child care facility license or
  856  registration under chapter 402, Florida Statutes, as of 11:59
  857  p.m. on the day prior to the effective date of this act, shall
  858  be deemed to hold in good standing a license or registration in
  859  the same capacity under chapter 402, Florida Statutes, and under
  860  the authority of the Agency for Workforce Innovation as of the
  861  effective date of this act.
  862         Section 15. The Legislature recognizes that there is a need
  863  to conform the Florida Statutes to the policy decisions
  864  reflected in the provisions of this act. The Division of
  865  Statutory Revision of the Office of Legislative Services is
  866  directed to provide the relevant substantive committees and
  867  councils of the Senate and the House of Representatives with
  868  assistance, upon request, to enable such committees or councils
  869  to prepare draft legislation to conform the Florida Statutes to
  870  the provisions of this act.
  871         Section 16. This act shall take effect July 1, 2010.

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