(1) As used in this section, the term:
(a) “Market rate” means the price that a child care provider charges for daily, weekly, or monthly child care services.
(b) “Prevailing market rate” means the annually determined 75th percentile of a reasonable frequency distribution of the market rate in a predetermined geographic market at which child care providers charge a person for child care services.
(2) The Office of Early Learning shall establish procedures for the adoption of a prevailing market rate schedule. The schedule must include, at a minimum, county-by-county rates: (a) At the prevailing market rate, plus the maximum rate, for child care providers that hold a Gold Seal Quality Care designation under s. 402.281.
(b) At the prevailing market rate for child care providers that do not hold a Gold Seal Quality Care designation.
(3) The prevailing market rate schedule, at a minimum, must: (a) Differentiate rates by type, including, but not limited to, a child care provider that holds a Gold Seal Quality Care designation under s. 402.281, a child care facility licensed under s. 402.305, a public or nonpublic school exempt from licensure under s. 402.3025, a faith-based child care facility exempt from licensure under s. 402.316 that does not hold a Gold Seal Quality Care designation, a large family child care home licensed under s. 402.3131, or a family day care home licensed or registered under s. 402.313.
(b) Differentiate rates by the type of child care services provided for children with special needs or risk categories, infants, toddlers, preschool-age children, and school-age children.
(c) Differentiate rates between full-time and part-time child care services.
(d) Consider discounted rates for child care services for multiple children in a single family.
(4) The prevailing market rate schedule must be based exclusively on the prices charged for child care services. If a conflict exists between this subsection and federal requirements, the federal requirements shall control.
(5) The prevailing market rate shall be considered by an early learning coalition in the adoption of a payment schedule in accordance with s. 411.01(5)(e)2.
(6) The Office of Early Learning may contract with one or more qualified entities to administer this section and provide support and technical assistance for child care providers.
(7) The Office of Early Learning may adopt rules pursuant to ss. 120.536(1) and 120.54 for establishing procedures for the collection of child care providers’ market rate, the calculation of a reasonable frequency distribution of the market rate, and the publication of a prevailing market rate schedule.