Florida Senate - 2009                                    SB 2570
       
       
       
       By Senator Wise
       
       
       
       
       5-01047B-09                                           20092570__
    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    4         repealed subsidized child care program; amending s.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    6         repealed program with an updated reference to the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   12         obsolete reference to a repealed program; amending s.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         125.901, F.S.; reducing the number of members on the
   14         governing board providing children's services within
   15         certain counties; amending s. 383.14, F.S.; replacing
   16         obsolete references to the former State Coordinating
   17         Council for School Readiness Programs with updated
   18         references to the agency; transferring, renumbering,
   19         and amending s. 402.25, F.S.; updating an obsolete
   20         reference to a repealed program; deleting obsolete
   21         references relating to the repealed prekindergarten
   22         early intervention program and Florida First Start
   23         Program; amending s. 402.26, F.S.; revising
   24         legislative intent; updating an obsolete reference to
   25         a repealed program; amending s. 402.281, F.S.;
   26         updating an obsolete reference to a former council;
   27         requiring the Department of Children and Family
   28         Services to consult with the agency regarding the
   29         approval of accrediting associations for the Gold Seal
   30         Quality Care program; transferring, renumbering, and
   31         amending s. 402.3018, F.S.; transferring
   32         administration of the statewide toll-free Warm-Line
   33         from the department to the agency; conforming
   34         provisions; transferring, renumbering, and amending s.
   35         402.3051, F.S.; revising procedures for child care
   36         market rate reimbursement and child care grants;
   37         transferring authority to establish the procedures
   38         from the department to the agency; directing the
   39         agency to adopt a prevailing market rate schedule for
   40         child care services; revising definitions; prohibiting
   41         the schedule from interfering with parental choice;
   42         authorizing the agency to enter into contracts and
   43         adopt rules; amending s. 402.313, F.S.; deleting
   44         obsolete provisions authorizing the department to
   45         license family day care homes participating in a
   46         repealed program; amending s. 402.45, F.S.; updating
   47         an obsolete reference relating to a former council;
   48         directing the Department of Health to consult with the
   49         agency regarding certain training provided for
   50         contractors of the community resource mother or father
   51         program; amending s. 409.1671, F.S.; clarifying that a
   52         licensed foster home may be dually licensed as a child
   53         care facility and receive certain payments for the
   54         same child; deleting an obsolete reference to a
   55         repealed program; amending s. 411.01, F.S.; revising
   56         provisions relating to the School Readiness Act;
   57         revising legislative intent; revising the duties and
   58         responsibilities of the Agency for Workforce
   59         Innovation; extending the date by which early learning
   60         coalitions must be organized; revising requirements
   61         for parental choice; directing the agency to establish
   62         a formula for allocating school readiness funds to
   63         each county; providing for legislative notice and
   64         review of the formula; amending s. 411.0101, F.S.;
   65         revising requirements for services provided by the
   66         statewide child care resource and referral network;
   67         updating obsolete references to repealed programs;
   68         amending s. 411.0102, F.S.; revising provisions
   69         relating to the Child Care Executive Partnership Act;
   70         updating obsolete references to repealed programs;
   71         deleting provisions relating to the duties of each
   72         early coalition board; amending s. 411.0105, F.S.;
   73         revising lead agency responsibilities for
   74         administration of certain federal provisions;
   75         requiring the Department of Education to contract with
   76         the agency; amending s. 411.203, F.S.; deleting an
   77         obsolete reference to a repealed program; conforming
   78         provisions; amending s. 411.221, F.S.; updating an
   79         obsolete reference to a former council; amending ss.
   80         445.024, 445.030, 490.014, and 491.014, F.S.; deleting
   81         obsolete references to repealed programs; conforming
   82         provisions to the repeal of the subsidized child care
   83         case management program; amending ss. 1002.53,
   84         1002.67, and 1002.71, F.S.; conforming provisions;
   85         amending s. 1009.64, F.S.; deleting an obsolete
   86         reference to a repealed program; repealing ss.
   87         402.3135 and 402.3145, F.S., relating to the
   88         subsidized child care program case management program
   89         and the subsidized child care transportation program;
   90         transferring and renumbering s. 402.3016, F.S.,
   91         relating to Early Head Start collaboration grants;
   92         providing an effective date.
   93  
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Subsection (7) of section 39.0121, Florida
   97  Statutes, is amended to read:
   98         39.0121 Specific rulemaking authority.—Pursuant to the
   99  requirements of s. 120.536, the department is specifically
  100  authorized to adopt, amend, and repeal administrative rules
  101  which implement or interpret law or policy, or describe the
  102  procedure and practice requirements necessary to implement this
  103  chapter, including, but not limited to, the following:
  104         (7) Federal funding requirements and procedures; foster
  105  care and adoption subsidies; and subsidized independent living;
  106  and subsidized child care.
  107         Section 2. Paragraph (a) of subsection (2) of section
  108  39.202, Florida Statutes, is amended to read:
  109         39.202 Confidentiality of reports and records in cases of
  110  child abuse or neglect.—
  111         (2) Except as provided in subsection (4), access to such
  112  records, excluding the name of the reporter which shall be
  113  released only as provided in subsection (5), shall be granted
  114  only to the following persons, officials, and agencies:
  115         (a) Employees, authorized agents, or contract providers of
  116  the department, the Department of Health, the Agency for Persons
  117  with Disabilities, or county agencies responsible for carrying
  118  out:
  119         1. Child or adult protective investigations;
  120         2. Ongoing child or adult protective services;
  121         3. Early intervention and prevention services;
  122         4. Healthy Start services;
  123         5. Licensure or approval of adoptive homes, foster homes,
  124  child care facilities, facilities licensed under chapter 393, or
  125  family day care homes or informal child care providers who
  126  receive school readiness subsidized child care funding, or other
  127  homes used to provide for the care and welfare of children; or
  128         6. Services for victims of domestic violence when provided
  129  by certified domestic violence centers working at the
  130  department's request as case consultants or with shared clients.
  131  
  132  Also, employees or agents of the Department of Juvenile Justice
  133  responsible for the provision of services to children, pursuant
  134  to chapters 984 and 985.
  135         Section 3. Paragraph (f) of subsection (2) of section
  136  39.5085, Florida Statutes, is amended to read:
  137         39.5085 Relative Caregiver Program.—
  138         (2)
  139         (f) Within available funding, the Relative Caregiver
  140  Program shall provide relative caregivers with family support
  141  and preservation services, flexible funds in accordance with s.
  142  409.165, subsidized child care, and other available services in
  143  order to support the child's safety, growth, and healthy
  144  development. Children living with relative caregivers who are
  145  receiving assistance under this section shall be eligible for
  146  Medicaid coverage.
  147         Section 4. Paragraph (b) of subsection (1) of section
  148  125.901, Florida Statutes, is amended to read:
  149         125.901 Children's services; independent special district;
  150  council; powers, duties, and functions.—
  151         (1) Each county may by ordinance create an independent
  152  special district, as defined in ss. 189.403(3) and
  153  200.001(8)(e), to provide funding for children's services
  154  throughout the county in accordance with this section. The
  155  boundaries of such district shall be coterminous with the
  156  boundaries of the county. The county governing body shall obtain
  157  approval, by a majority vote of those electors voting on the
  158  question, to annually levy ad valorem taxes which shall not
  159  exceed the maximum millage rate authorized by this section. Any
  160  district created pursuant to the provisions of this subsection
  161  shall be required to levy and fix millage subject to the
  162  provisions of s. 200.065. Once such millage is approved by the
  163  electorate, the district shall not be required to seek approval
  164  of the electorate in future years to levy the previously
  165  approved millage.
  166         (b) However, any county as defined in s. 125.011(1) may
  167  instead have a governing board consisting of 20 33 members,
  168  including: the superintendent of schools; two representatives of
  169  public postsecondary education institutions located in the
  170  county; the county manager or the equivalent county officer; the
  171  district administrator from the appropriate district of the
  172  Department of Children and Family Services, or the
  173  administrator's designee who is a member of the Senior
  174  Management Service or the Selected Exempt Service; the director
  175  of the county health department or the director's designee; the
  176  state attorney for the county or the state attorney's designee;
  177  the chief judge assigned to juvenile cases, or another juvenile
  178  judge who is the chief judge's designee and who shall sit as a
  179  voting member of the board, except that the judge may not vote
  180  or participate in setting ad valorem taxes under this section;
  181  an individual who is selected by the board of the local United
  182  Way or its equivalent; a member of a locally recognized faith
  183  based coalition, selected by that coalition; a member of the
  184  local chamber of commerce, selected by that chamber or, if more
  185  than one chamber exists within the county, a person selected by
  186  a coalition of the local chambers; a member of the early
  187  learning coalition, selected by that coalition; a representative
  188  of a labor organization or union active in the county; a member
  189  of a local alliance or coalition engaged in cross-system
  190  planning for health and social service delivery in the county,
  191  selected by that alliance or coalition; a member of the local
  192  Parent-Teachers Association/Parent-Teacher-Student Association,
  193  selected by that association; a youth representative selected by
  194  the local school system's student government; a local school
  195  board member appointed by the chair of the school board; the
  196  mayor of the county or the mayor's designee; one member of the
  197  county governing body, appointed by the chair of that body; a
  198  member of the state Legislature who represents residents of the
  199  county, selected by the chair of the local legislative
  200  delegation; an elected official representing the residents of a
  201  municipality in the county, selected by the county municipal
  202  league; and 4 members-at-large, appointed to the council by the
  203  majority of sitting council members. The remaining 7 members
  204  shall be appointed by the Governor in accordance with procedures
  205  set forth in paragraph (a), except that the Governor may remove
  206  a member for cause or upon the written petition of the council.
  207  Appointments by the Governor must, to the extent reasonably
  208  possible, represent the geographic and demographic diversity of
  209  the population of the county. Members who are appointed to the
  210  council by reason of their position are not subject to the
  211  length of terms and limits on consecutive terms as provided in
  212  this section. The remaining appointed members of the governing
  213  board shall be appointed to serve 2-year terms, except that
  214  those members appointed by the Governor shall be appointed to
  215  serve 4-year terms, and the youth representative and the
  216  legislative delegate shall be appointed to serve 1-year terms. A
  217  member may be reappointed; however, a member may not serve for
  218  more than three consecutive terms. A member is eligible to be
  219  appointed again after a 2-year hiatus from the council.
  220         Section 5. Subsections (1) and (2) of section 383.14,
  221  Florida Statutes, are amended to read:
  222         383.14 Screening for metabolic disorders, other hereditary
  223  and congenital disorders, and environmental risk factors.—
  224         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  225  maternal and child health care system, the Department of Health
  226  shall promote the screening of all newborns born in Florida for
  227  metabolic, hereditary, and congenital disorders known to result
  228  in significant impairment of health or intellect, as screening
  229  programs accepted by current medical practice become available
  230  and practical in the judgment of the department. The department
  231  shall also promote the identification and screening of all
  232  newborns in this state and their families for environmental risk
  233  factors such as low income, poor education, maternal and family
  234  stress, emotional instability, substance abuse, and other high
  235  risk conditions associated with increased risk of infant
  236  mortality and morbidity to provide early intervention,
  237  remediation, and prevention services, including, but not limited
  238  to, parent support and training programs, home visitation, and
  239  case management. Identification, prenatal perinatal screening,
  240  and intervention efforts shall begin prior to and immediately
  241  following the birth of the child by the attending health care
  242  provider. Such efforts shall be conducted in hospitals, prenatal
  243  perinatal centers, county health departments, school health
  244  programs that provide prenatal care, and birthing centers, and
  245  reported to the Office of Vital Statistics.
  246         (a) Prenatal screening.—The department shall develop a
  247  multilevel screening process that includes a risk assessment
  248  instrument to identify women at risk for a preterm birth or
  249  other high-risk condition. The primary health care provider
  250  shall complete the risk assessment instrument and report the
  251  results to the Office of Vital Statistics so that the woman may
  252  immediately be notified and referred to appropriate health,
  253  education, and social services.
  254         (b) Postnatal screening.—A risk factor analysis using the
  255  department's designated risk assessment instrument shall also be
  256  conducted as part of the medical screening process upon the
  257  birth of a child and submitted to the department's Office of
  258  Vital Statistics for recording and other purposes provided for
  259  in this chapter. The department's screening process for risk
  260  assessment shall include a scoring mechanism and procedures that
  261  establish thresholds for notification, further assessment,
  262  referral, and eligibility for services by professionals or
  263  paraprofessionals consistent with the level of risk. Procedures
  264  for developing and using the screening instrument, notification,
  265  referral, and care coordination services, reporting
  266  requirements, management information, and maintenance of a
  267  computer-driven registry in the Office of Vital Statistics which
  268  ensures privacy safeguards must be consistent with the
  269  provisions and plans established under chapter 411, Pub. L. No.
  270  99-457, and this chapter. Procedures established for reporting
  271  information and maintaining a confidential registry must include
  272  a mechanism for a centralized information depository at the
  273  state and county levels. The department shall coordinate with
  274  existing risk assessment systems and information registries. The
  275  department must ensure, to the maximum extent possible, that the
  276  screening information registry is integrated with the
  277  department's automated data systems, including the Florida On
  278  line Recipient Integrated Data Access (FLORIDA) system. Tests
  279  and screenings must be performed by the State Public Health
  280  Laboratory, in coordination with Children's Medical Services, at
  281  such times and in such manner as is prescribed by the department
  282  after consultation with the Genetics and Infant Screening
  283  Advisory Council and the Agency for Workforce Innovation State
  284  Coordinating Council for School Readiness Programs.
  285         (c) Release of screening results.—Notwithstanding any other
  286  law to the contrary, the State Public Health Laboratory may
  287  release, directly or through the Children’s Medical Services
  288  program, the results of a newborn’s hearing and metabolic tests
  289  or screening to the newborn’s primary care physician.
  290         (2) RULES.—After consultation with the Genetics and Newborn
  291  Screening Advisory Council, the department shall adopt and
  292  enforce rules requiring that every newborn in this state shall,
  293  prior to becoming 1 week of age, be subjected to a test for
  294  phenylketonuria and, at the appropriate age, be tested for such
  295  other metabolic diseases and hereditary or congenital disorders
  296  as the department may deem necessary from time to time. After
  297  consultation with the Agency for Workforce Innovation State
  298  Coordinating Council for School Readiness Programs, the
  299  department shall also adopt and enforce rules requiring every
  300  newborn in this state to be screened for environmental risk
  301  factors that place children and their families at risk for
  302  increased morbidity, mortality, and other negative outcomes. The
  303  department shall adopt such additional rules as are found
  304  necessary for the administration of this section and s. 383.145,
  305  including rules providing definitions of terms, rules relating
  306  to the methods used and time or times for testing as accepted
  307  medical practice indicates, rules relating to charging and
  308  collecting fees for the administration of the newborn screening
  309  program authorized by this section, rules for processing
  310  requests and releasing test and screening results, and rules
  311  requiring mandatory reporting of the results of tests and
  312  screenings for these conditions to the department.
  313         Section 6. Section 402.25, Florida Statutes, is
  314  transferred, renumbered as section 411.0106, Florida Statutes,
  315  and amended to read:
  316         411.0106 402.25 Infants and toddlers in state-funded
  317  education and care programs; brain development activities.—Each
  318  state-funded education and care program for children from birth
  319  to 5 years of age must provide activities to foster brain
  320  development in infants and toddlers. A program must provide an
  321  environment that helps children attain the performance standards
  322  adopted by the Agency for Workforce Innovation under s.
  323  411.01(4)(d)8. and must be rich in language and music and filled
  324  with objects of various colors, shapes, textures, and sizes to
  325  stimulate visual, tactile, auditory, and linguistic senses in
  326  the children and must include classical music and at least 30
  327  minutes of reading to the children each day. A program may be
  328  offered through an existing early childhood program such as
  329  Healthy Start, the Title I program, the school readiness program
  330  contracted or directly operated subsidized child care, the
  331  prekindergarten early intervention program, Florida First Start,
  332  the Head Start program, or a private child care program. A
  333  program must provide training for the infants' and toddlers'
  334  parents including direct dialogue and interaction between
  335  teachers and parents demonstrating the urgency of brain
  336  development in the first year of a child's life. Family day care
  337  centers are encouraged, but not required, to comply with this
  338  section.
  339         Section 7. Subsection (5) of section 402.26, Florida
  340  Statutes, is amended to read:
  341         402.26 Child care; legislative intent.—
  342         (5) It is the further intent of the Legislature to provide
  343  and make accessible child care opportunities for children at
  344  risk, economically disadvantaged children, and other children
  345  traditionally disenfranchised from society. In achieving this
  346  intent, the Legislature shall develop early learning programs a
  347  subsidized child care system, a range of child care options,
  348  support services, and linkages with other programs to fully meet
  349  the child care needs of this population.
  350         Section 8. Subsection (2) of section 402.281, Florida
  351  Statutes, is amended to read:
  352         402.281 Gold Seal Quality Care program.—
  353         (2) In developing the Gold Seal Quality Care program
  354  standards, the department shall consult with the Department of
  355  Education, the Agency for Workforce Innovation, the Florida Head
  356  Start Directors Association, the Florida Association of Child
  357  Care Management, the Florida Family Day Care Association, the
  358  Florida Children's Forum, the State Coordinating Council for
  359  School Readiness Programs, the Early Childhood Association of
  360  Florida, the National Association for Child Development
  361  Education, providers receiving exemptions under s. 402.316, and
  362  parents, for the purpose of approving the accrediting
  363  associations.
  364         Section 9. Section 402.3018, Florida Statutes, is
  365  transferred, renumbered as section 411.01015, Florida Statutes,
  366  and amended to read:
  367         411.01015 402.3018 Consultation to child care centers and
  368  family day care homes regarding health, developmental,
  369  disability, and special needs issues.—
  370         (1) Contingent upon specific appropriations, the Agency for
  371  Workforce Innovation shall administer department is directed to
  372  contract with the statewide resource information and referral
  373  agency for a statewide toll-free Warm-Line for the purpose of
  374  providing assistance and consultation to child care centers and
  375  family day care homes regarding health, developmental,
  376  disability, and special needs issues of the children they are
  377  serving, particularly children with disabilities and other
  378  special needs.
  379         (2) The purpose of the Warm-Line is to provide advice to
  380  child care personnel concerning strategies, curriculum, and
  381  environmental adaptations that allow a child to derive maximum
  382  benefit from the child care services experience.
  383         (3) The Agency for Workforce Innovation department shall
  384  annually inform child care centers and family day care homes of
  385  the availability of this service, on an annual basis.
  386         (4) Contingent upon specific appropriations, the Agency for
  387  Workforce Innovation department shall expand, or contract for
  388  the expansion of, the Warm-Line to the early learning coalitions
  389  from one statewide site to one Warm-Line site in each child care
  390  resource and referral agency region.
  391         (5) Each regional Warm-Line shall provide assistance and
  392  consultation to child care centers and family day care homes
  393  regarding health, developmental, disability, and special needs
  394  issues of the children they are serving, particularly children
  395  with disabilities and other special needs. Regional Warm-Line
  396  staff shall provide onsite technical assistance, when requested,
  397  to assist child care centers and family day care homes with
  398  inquiries relative to the strategies, curriculum, and
  399  environmental adaptations the child care centers and family day
  400  care homes may need as they serve children with disabilities and
  401  other special needs.
  402         Section 10. Section 402.3051, Florida Statutes, is
  403  transferred, renumbered as section 411.01013, Florida Statutes,
  404  and amended to read:
  405         (Substantial rewording of section. See
  406         s. 402.3051, F.S., for present text.)
  407         411.01013 Prevailing market rate schedule.—
  408         (1) As used in this section, the term:
  409         (a) “Market rate” means the price that a child care
  410  provider charges for daily, weekly, or monthly child care
  411  services.
  412         (b) “Prevailing market rate” means the annually determined
  413  75th percentile of a reasonable frequency distribution of the
  414  market rate in a predetermined geographic market at which child
  415  care providers charge a person for child care services.
  416         (2) The Agency for Workforce Innovation shall establish
  417  procedures for the adoption of a prevailing market rate
  418  schedule. The schedule must include, at a minimum, county-by
  419  county rates:
  420         (a) At the prevailing market rate, plus the maximum rate
  421  differential authorized in the General Appropriations Act, for
  422  child care providers that hold a Gold Seal Quality Care
  423  designation under s. 402.281.
  424         (b) At the prevailing market rate for child care providers
  425  that do not hold a Gold Seal Quality Care designation.
  426         (3) The prevailing market rate schedule, at a minimum,
  427  must:
  428         (a) Differentiate rates by the type of child care provider,
  429  including, but not limited to, a child care facility licensed
  430  under s. 402.305, a public or nonpublic school exempt from
  431  licensure under s. 402.3025, a faith-based child care facility
  432  exempt from licensure under s. 402.316, a large family child
  433  care home licensed under s. 402.3131, a family day care home
  434  licensed or registered under s. 402.313, or an after-school
  435  program that is not defined as child care under rules adopted
  436  pursuant to s. 402.3045.
  437         (b) Differentiate rates by the type of child care services
  438  provided for children with special needs or risk categories,
  439  infants, toddlers, preschool-age children, and school-age
  440  children.
  441         (c) Differentiate rates between full-time and part-time
  442  child care services.
  443         (d) Consider discounted rates for child care services for
  444  multiple children in a single family.
  445         (4) The prevailing market rate schedule may not interfere
  446  with the parental choice of child care providers under s.
  447  411.01, regardless of available funding for the school readiness
  448  program. The prevailing market rate schedule must be based
  449  exclusively on the prices charged for child care services.
  450         (5) The Agency for Workforce Innovation may contract with
  451  one or more qualified entities to administer this section and
  452  provide support and technical assistance for child care
  453  providers.
  454         (6) The Agency for Workforce Innovation may adopt rules
  455  under ss. 120.536(1) and 120.54 to administer this section.
  456         Section 11. Subsection (1) of section 402.313, Florida
  457  Statutes, is amended to read:
  458         402.313 Family day care homes.—
  459         (1) Family day care homes shall be licensed under this act
  460  if they are presently being licensed under an existing county
  461  licensing ordinance, if they are participating in the subsidized
  462  child care program, or if the board of county commissioners
  463  passes a resolution that family day care homes be licensed. If
  464  no county authority exists for the licensing of a family day
  465  care home, the department shall have the authority to license
  466  family day care homes under contract for the purchase-of-service
  467  system in the subsidized child care program.
  468         (a) If not subject to license, family day care homes shall
  469  register annually with the department, providing the following
  470  information:
  471         1. The name and address of the home.
  472         2. The name of the operator.
  473         3. The number of children served.
  474         4. Proof of a written plan to provide at least one other
  475  competent adult to be available to substitute for the operator
  476  in an emergency. This plan shall include the name, address, and
  477  telephone number of the designated substitute.
  478         5. Proof of screening and background checks.
  479         6. Proof of successful completion of the 30-hour training
  480  course, as evidenced by passage of a competency examination,
  481  which shall include:
  482         a. State and local rules and regulations that govern child
  483  care.
  484         b. Health, safety, and nutrition.
  485         c. Identifying and reporting child abuse and neglect.
  486         d. Child development, including typical and atypical
  487  language development; and cognitive, motor, social, and self
  488  help skills development.
  489         e. Observation of developmental behaviors, including using
  490  a checklist or other similar observation tools and techniques to
  491  determine a child's developmental level.
  492         f. Specialized areas, including early literacy and language
  493  development of children from birth to 5 years of age, as
  494  determined by the department, for owner-operators of family day
  495  care homes.
  496         7. Proof that immunization records are kept current.
  497         8. Proof of completion of the required continuing education
  498  units or clock hours.
  499         (b) A family day care home not participating in the
  500  subsidized child care program may volunteer to be licensed under
  501  the provisions of this act.
  502         (c) The department may provide technical assistance to
  503  counties and family day care home providers to enable counties
  504  and family day care providers to achieve compliance with family
  505  day care homes standards.
  506         Section 12. Subsection (6) of section 402.45, Florida
  507  Statutes, is amended to read:
  508         402.45 Community resource mother or father program.—
  509         (6) Individuals under contract to provide community
  510  resource mother or father services shall participate in
  511  preservice and ongoing training as determined by the Department
  512  of Health in consultation with the Agency for Workforce
  513  Innovation State Coordinating Council for School Readiness
  514  Programs. A community resource mother or father shall not be
  515  assigned a client caseload until all preservice training
  516  requirements are completed.
  517         Section 13. Paragraph (c) of subsection (5) of section
  518  409.1671, Florida Statutes, is amended to read:
  519         409.1671 Foster care and related services; outsourcing.—
  520         (5)
  521         (c) A foster home dually licensed home under this section
  522  may shall be dually licensed as a child care facility under
  523  chapter 402 and may eligible to receive both an out-of-home care
  524  payment and, to the extent permitted under federal law, school
  525  readiness funding a subsidized child care payment for the same
  526  child pursuant to federal law. The department may adopt
  527  administrative rules necessary to administer this paragraph.
  528         Section 14. Paragraphs (a), (d), (e), (f), (g), and (h) of
  529  subsection (2) and subsections (4) through (11) of section
  530  411.01, Florida Statutes, are amended to read:
  531         411.01 School readiness programs; early learning
  532  coalitions.—
  533         (2) LEGISLATIVE INTENT.—
  534         (a) The Legislature recognizes that school readiness
  535  programs increase children's chances of achieving future
  536  educational success and becoming productive members of society.
  537  It is the intent of the Legislature that the programs be
  538  developmentally appropriate, research-based, involve the parent
  539  parents as a their child's first teacher, serve as preventive
  540  measures for children at risk of future school failure, enhance
  541  the educational readiness of eligible children, and support
  542  family education. Each school readiness program shall provide
  543  the elements necessary to prepare at-risk children for school,
  544  including health screening and referral and an appropriate
  545  educational program.
  546         (d) It is the intent of the Legislature that the
  547  administrative staff at the state level for school readiness
  548  programs be kept to the minimum necessary to administer the
  549  duties of the Agency for Workforce Innovation and early learning
  550  coalitions, as the school readiness programs are to be
  551  regionally designed, operated, and managed, with the Agency for
  552  Workforce Innovation developing school readiness program
  553  performance standards and outcome measures and approving and
  554  reviewing early learning coalitions and school readiness plans.
  555         (e) It is the intent of the Legislature that appropriations
  556  for combined school readiness programs shall not be less than
  557  the programs would receive in any fiscal year on an uncombined
  558  basis.
  559         (e)(f) It is the intent of the Legislature that the school
  560  readiness program coordinate and operate in conjunction with the
  561  district school systems. However, it is also the intent of the
  562  Legislature that the school readiness program not be construed
  563  as part of the system of free public schools but rather as a
  564  separate program for children under the age of kindergarten
  565  eligibility, funded separately from the system of free public
  566  schools, utilizing a mandatory sliding fee scale, and providing
  567  an integrated and seamless system of school readiness services
  568  for the state's birth-to-kindergarten population.
  569         (g) It is the intent of the Legislature that the federal
  570  child care income tax credit be preserved for school readiness
  571  programs.
  572         (f)(h) It is the intent of the Legislature that school
  573  readiness services shall be an integrated and seamless program
  574  system of services with a developmentally appropriate education
  575  component for the state's eligible birth-to-kindergarten
  576  population described in subsection (6) and shall not be
  577  construed as part of the seamless K-20 education system.
  578         (4) AGENCY FOR WORKFORCE INNOVATION.—
  579         (a) The Agency for Workforce Innovation shall administer
  580  school readiness programs at the state level and shall
  581  coordinate with the early learning coalitions in providing
  582  school readiness services on a full-day, full-year, full-choice
  583  basis to the extent possible in order to enable parents to work
  584  and be financially self-sufficient.
  585         (b) The Agency for Workforce Innovation shall:
  586         1. Administer through early learning coalitions Coordinate
  587  the birth-to-kindergarten services for children who are eligible
  588  under subsection (6) and the programmatic, administrative, and
  589  fiscal standards under this section for all public providers of
  590  school readiness programs.
  591         2. Continue to provide unified leadership for school
  592  readiness through early learning coalitions.
  593         2.3. Focus on improving the educational quality of all
  594  program providers participating in publicly funded school
  595  readiness programs.
  596         (c) For purposes of administration of the federal Child
  597  Care and Development Fund, 45 C.F.R. parts 98 and 99, the Agency
  598  for Workforce Innovation is may be designated by the Governor as
  599  the lead agency and, if so designated, shall comply with the
  600  lead agency responsibilities under federal law.
  601         (d) The Agency for Workforce Innovation shall:
  602         1. Be responsible for the prudent use of all public and
  603  private funds in accordance with all legal and contractual
  604  requirements.
  605         2. Provide final approval and biannually periodic review of
  606  early learning coalitions and school readiness plans.
  607         3. Establish Provide leadership for the enhancement of
  608  school readiness in this state by aggressively establishing a
  609  unified approach to the state's efforts toward enhancement of
  610  school readiness. In support of this effort, the Agency for
  611  Workforce Innovation may adopt develop and implement specific
  612  strategies that address the state's school readiness programs.
  613  An early learning coalition shall amend its school readiness
  614  plan to conform to the specific strategies adopted by the Agency
  615  for Workforce Innovation.
  616         4. Safeguard the effective use of federal, state, local,
  617  and private resources to achieve the highest possible level of
  618  school readiness for the children in this state.
  619         5. Provide technical assistance to early learning
  620  coalitions in a manner determined by the Agency for Workforce
  621  Innovation based upon information obtained by the agency from
  622  any of the following sources, including, but not limited to,
  623  public input, government reports, private interest group
  624  reports, agency monitoring visits, and coalition requests for
  625  service.
  626         6.Assess gaps in service.
  627         7. Provide technical assistance to counties that form a
  628  multicounty region served by an early learning coalition.
  629         6.8. Develop and adopt performance standards and outcome
  630  measures for school readiness programs. The performance
  631  standards must address the age-appropriate progress of children
  632  in the development of the school readiness skills required under
  633  paragraph (j). The performance standards for children from birth
  634  to 5 3 years of age in school readiness programs must be
  635  integrated with the performance standards adopted by the
  636  Department of Education for children in the Voluntary
  637  Prekindergarten Education Program under s. 1002.67.
  638         (e) The Agency for Workforce Innovation may adopt rules
  639  under ss. 120.536(1) and 120.54 to administer the provisions of
  640  law conferring duties upon the agency, including, but not
  641  limited to, rules governing the administration preparation and
  642  implementation of the school readiness programs system, the
  643  collection of data, the approval of early learning coalitions
  644  and school readiness plans, the provision of a method whereby an
  645  early learning coalition may serve two or more counties, the
  646  award of incentives to early learning coalitions, child
  647  performance standards, child outcome measures and assessment for
  648  School Readiness Children, parent eligibility processes, child
  649  care resource and referral, and the issuance of waivers, and the
  650  implementation of the federal Child Care and Development Fund
  651  Plan.
  652         (f) The Agency for Workforce Innovation shall have all
  653  powers necessary to administer this section, including, but not
  654  limited to, the power to receive and accept grants, loans, or
  655  advances of funds from any public or private agency and to
  656  receive and accept from any source contributions of money,
  657  property, labor, or any other thing of value, to be held, used,
  658  and applied for purposes of this section.
  659         (g) Except as provided by law, the Agency for Workforce
  660  Innovation may not impose requirements on a child care or early
  661  childhood education provider that does not deliver services
  662  under the a school readiness program or receive state or federal
  663  funds under this section.
  664         (h) The Agency for Workforce Innovation shall have a budget
  665  for the school readiness programs system, which shall be
  666  financed through an annual appropriation made for purposes of
  667  this section in the General Appropriations Act.
  668         (i) The Agency for Workforce Innovation shall coordinate
  669  the efforts toward school readiness in this state and provide
  670  independent policy analyses, data analyses, and recommendations
  671  to the Governor, the State Board of Education, and the
  672  Legislature.
  673         (j) The Agency for Workforce Innovation shall require that
  674  each early learning coalition's school readiness programs
  675  program must, at a minimum, enhance the age-appropriate progress
  676  of each child in attaining the performance standards adopted
  677  under paragraph (d)8. and in the development of the following
  678  school readiness skills:
  679         1. Compliance with rules, limitations, and routines.
  680         2. Ability to perform tasks.
  681         3. Interactions with adults.
  682         4. Interactions with peers.
  683         5. Ability to cope with challenges.
  684         6. Self-help skills.
  685         7. Ability to express the child's needs.
  686         8. Verbal communication skills.
  687         9. Problem-solving skills.
  688         10. Following of verbal directions.
  689         11. Demonstration of curiosity, persistence, and
  690  exploratory behavior.
  691         12. Interest in books and other printed materials.
  692         13. Paying attention to stories.
  693         14. Participation in art and music activities.
  694         15. Ability to identify colors, geometric shapes, letters
  695  of the alphabet, numbers, and spatial and temporal
  696  relationships.
  697  
  698  Within 30 days after enrollment The Agency for Workforce
  699  Innovation shall also require that, before a child is enrolled
  700  in the an early learning coalition's school readiness program,
  701  the early learning coalition must obtain, or ensure that the
  702  program provider obtains, information is obtained by the
  703  coalition or the school readiness provider regarding the child's
  704  immunizations, physical development, and other health
  705  requirements as necessary, including appropriate vision and
  706  hearing screening and examinations.
  707         (k) The Agency for Workforce Innovation shall conduct
  708  studies and planning activities related to the overall
  709  improvement and effectiveness of the outcome measures adopted by
  710  the agency for school readiness programs and the specific
  711  strategies to address the state's school readiness programs
  712  adopted by the Agency for Workforce Innovation in accordance
  713  with subparagraph (d)3.
  714         (l) The Agency for Workforce Innovation shall monitor and
  715  evaluate the performance of each early learning coalition in
  716  administering the school readiness program, implementing the
  717  coalition's school readiness plan, and administering the
  718  Voluntary Prekindergarten Education Program. These monitoring
  719  and performance evaluations must include, at a minimum, onsite
  720  monitoring of each coalition's finances, management, operations,
  721  and programs.
  722         (m)The Agency for Workforce Innovation shall identify best
  723  practices of early learning coalitions in order to improve the
  724  outcomes of school readiness programs.
  725         (m)(n) The Agency for Workforce Innovation shall submit an
  726  annual report of its activities conducted under this section to
  727  the Governor, the executive director of the Florida Healthy Kids
  728  Corporation, the President of the Senate, the Speaker of the
  729  House of Representatives, and the minority leaders of both
  730  houses of the Legislature. In addition, the Agency for Workforce
  731  Innovation's reports and recommendations shall be made available
  732  to the State Board of Education, the Florida Early Learning
  733  Advisory Council and, other appropriate state agencies and
  734  entities, district school boards, central agencies, and county
  735  health departments. The annual report must provide an analysis
  736  of school readiness activities across the state, including the
  737  number of children who were served in the programs.
  738         (n)(o) The Agency for Workforce Innovation shall work with
  739  the early learning coalitions to ensure availability of training
  740  and support for parent increase parents' training for and
  741  involvement in their children's early preschool education and to
  742  provide family literacy activities and services programs.
  743         (5) CREATION OF EARLY LEARNING COALITIONS.—
  744         (a) Early learning coalitions.—
  745         1. The Agency for Workforce Innovation shall establish the
  746  minimum number of children to be served by each early learning
  747  coalition through the coalition's school readiness program. The
  748  Agency for Workforce Innovation may only approve school
  749  readiness plans in accordance with this minimum number. The
  750  minimum number must be uniform for every early learning
  751  coalition and must:
  752         a. Permit 20 30 or fewer coalitions to be established; and
  753         b. Require each coalition to serve at least 3,000 2,000
  754  children based upon the average number of all children served
  755  per month through the coalition's school readiness program
  756  during the previous 12 months.
  757  
  758  The Agency for Workforce Innovation shall adopt procedures for
  759  merging early learning coalitions, including procedures for the
  760  consolidation of merging coalitions, and for the early
  761  termination of the terms of coalition members which are
  762  necessary to accomplish the mergers. Each early learning
  763  coalition must comply with the merger procedures and shall be
  764  organized in accordance with this subparagraph by April 1, 2010
  765  2005. By June 30, 2005, each coalition must complete the
  766  transfer of powers, duties, functions, rules, records,
  767  personnel, property, and unexpended balances of appropriations,
  768  allocations, and other funds to the successor coalition, if
  769  applicable.
  770         2. If an early learning coalition would serve fewer
  771  children than the minimum number established under subparagraph
  772  1., the coalition must merge with another county to form a
  773  multicounty coalition. However, the Agency for Workforce
  774  Innovation may authorize an early learning coalition to serve
  775  fewer children than the minimum number established under
  776  subparagraph 1., if:
  777         a. The coalition demonstrates to the Agency for Workforce
  778  Innovation that merging with another county or multicounty
  779  region contiguous to the coalition would cause an extreme
  780  hardship on the coalition;
  781         b. The Agency for Workforce Innovation has determined
  782  during the most recent annual review of the coalition's school
  783  readiness plan, or through monitoring and performance
  784  evaluations conducted under paragraph (4)(l), that the coalition
  785  has substantially implemented its plan and substantially met the
  786  performance standards and outcome measures adopted by the
  787  agency; and
  788         c. The coalition demonstrates to the Agency for Workforce
  789  Innovation the coalition's ability to effectively and
  790  efficiently implement the Voluntary Prekindergarten Education
  791  Program.
  792  
  793  If an early learning coalition fails or refuses to merge as
  794  required by this subparagraph, the Agency for Workforce
  795  Innovation may dissolve the coalition and temporarily contract
  796  with a qualified entity to continue school readiness and
  797  prekindergarten services in the coalition's county or
  798  multicounty region until the agency reestablishes the coalition
  799  and a new is reestablished through resubmission of a school
  800  readiness plan has been approved and approval by the agency.
  801         3. Notwithstanding the provisions of subparagraphs 1. and
  802  2., the early learning coalitions in Sarasota, Osceola, and
  803  Santa Rosa Counties which were in operation on January 1, 2005,
  804  are established and authorized to continue operation as
  805  independent coalitions, and shall not be counted within the
  806  limit of 30 coalitions established in subparagraph 1.
  807         3.4. Each early learning coalition shall be composed of at
  808  least 10 18 members but not more than 18 35 members. The Agency
  809  for Workforce Innovation shall adopt standards establishing
  810  within this range the minimum and maximum number of members that
  811  may be appointed to an early learning coalition. These standards
  812  must include variations for a coalition serving a multicounty
  813  region. Each early learning coalition must comply with these
  814  standards.
  815         4.5. The Governor shall appoint the chair and two other
  816  members of each early learning coalition, who must each meet the
  817  same qualifications as private sector business members appointed
  818  by the coalition under subparagraph 7.
  819         5.6. Each early learning coalition must include the
  820  following members:
  821         a. A Department of Children and Family Services district
  822  administrator or his or her designee who is authorized to make
  823  decisions on behalf of the department.
  824         b. A district superintendent of schools or his or her
  825  designee who is authorized to make decisions on behalf of the
  826  district, who shall be a nonvoting member.
  827         c. A regional workforce board executive director or his or
  828  her designee.
  829         d. A county health department director or his or her
  830  designee.
  831         d.e. A children's services council or juvenile welfare
  832  board chair or executive director, if applicable, who shall be a
  833  nonvoting member if the council or board is the fiscal agent of
  834  the coalition or if the council or board contracts with and
  835  receives funds from the coalition for any purpose other than
  836  rent.
  837         e.f. An agency head of a local licensing agency as defined
  838  in s. 402.302, where applicable.
  839         f.g. A president of a community college or his or her
  840  designee.
  841         h. One member appointed by a board of county commissioners.
  842         i. A central agency administrator, where applicable, who
  843  shall be a nonvoting member.
  844         g.j. A Head Start director, who shall be a nonvoting
  845  member.
  846         h.k. A representative of private child care providers,
  847  including family day care homes, who shall be a nonvoting
  848  member.
  849         i.l. A representative of faith-based child care providers,
  850  who shall be a nonvoting member.
  851         j.m. A representative of programs for children with
  852  disabilities under the federal Individuals with Disabilities
  853  Education Act, who shall be a nonvoting member.
  854         6.7. Including the chair members appointed by the Governor
  855  under subparagraph 5., more than one-third of the members of
  856  each early learning coalition must be private sector business
  857  members who do not have, and none of whose relatives as defined
  858  in s. 112.3143 has, a substantial financial interest in the
  859  design or delivery of the Voluntary Prekindergarten Education
  860  Program created under part V of chapter 1002 or the coalition's
  861  school readiness program. To meet this requirement an early
  862  learning coalition must appoint additional members from a list
  863  of nominees submitted to the coalition by a chamber of commerce
  864  or economic development council within the geographic region
  865  served by the coalition. The Agency for Workforce Innovation
  866  shall establish criteria for appointing private sector business
  867  members. These criteria must include standards for determining
  868  whether a member or relative has a substantial financial
  869  interest in the design or delivery of the Voluntary
  870  Prekindergarten Education Program or the coalition's school
  871  readiness program.
  872         7.8. A majority of the voting membership of an early
  873  learning coalition constitutes a quorum required to conduct the
  874  business of the coalition. An early learning coalition board may
  875  use any method of telecommunications to conduct meetings,
  876  including establishing a quorum through telecommunications,
  877  provided that the public is given proper notice of a
  878  telecommunications meeting and reasonable access to observe and,
  879  when appropriate, participate.
  880         8.9. A voting member of an early learning coalition may not
  881  appoint a designee to act in his or her place, except as
  882  otherwise provided in this paragraph. A voting member may send a
  883  representative to coalition meetings, but that representative
  884  does not have voting privileges. When a district administrator
  885  for the Department of Children and Family Services appoints a
  886  designee to an early learning coalition, the designee is the
  887  voting member of the coalition, and any individual attending in
  888  the designee's place, including the district administrator, does
  889  not have voting privileges.
  890         9.10. Each member of an early learning coalition is subject
  891  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
  892  112.3143(3)(a), each voting member is a local public officer who
  893  must abstain from voting when a voting conflict exists.
  894         10.11. For purposes of tort liability, each member or
  895  employee of an early learning coalition shall be governed by s.
  896  768.28.
  897         11.12. An early learning coalition serving a multicounty
  898  region must include representation from each county.
  899         12.13. Each early learning coalition shall establish terms
  900  for all appointed members of the coalition. The terms must be
  901  staggered and must be a uniform length that does not exceed 4
  902  years per term. Coalition chairs shall be appointed for 4 years
  903  in conjunction with their membership of the Early Learning
  904  Advisory Council under s. 20.052. Appointed members may serve a
  905  maximum of two consecutive terms. When a vacancy occurs in an
  906  appointed position, the coalition must advertise the vacancy.
  907         (b) Program administration; extended services
  908  participation.—The school readiness program shall be established
  909  for children from birth to the beginning of the school year for
  910  which a child is eligible for admission to kindergarten in a
  911  public school under s. 1003.21(1)(a)2. The program shall be
  912  administered by the Agency for Workforce Innovation through an
  913  early learning coalition. Within funding limitations, the early
  914  learning coalition, along with all program providers, shall make
  915  reasonable efforts to accommodate the needs of children for
  916  extended-day and extended-year services without compromising the
  917  quality of the program.
  918         (c) Program expectations.—
  919         1. The school readiness program must meet the following
  920  expectations:
  921         a. The program must, at a minimum, enhance the age
  922  appropriate progress of each child in attaining the development
  923  of the school readiness skills required under paragraph (4)(j),
  924  as measured by the performance standards and outcome measures
  925  adopted by the Agency for Workforce Innovation.
  926         b. The program must provide extended-day and extended-year
  927  services to the maximum extent possible to meet the needs of
  928  parents who work.
  929         c. There must be coordinated staff development and teaching
  930  opportunities.
  931         d. There must be expanded access to community services and
  932  resources for families to help achieve economic self
  933  sufficiency.
  934         e. There must be a single point of entry and unified
  935  waiting list. As used in this sub-subparagraph, the term “single
  936  point of entry” means an integrated information system that
  937  allows a parent to enroll his or her child in the school
  938  readiness program at various locations throughout a the county
  939  or multicounty region served by an early learning coalition,
  940  that may allow a parent to enroll his or her child by telephone
  941  or through an Internet website, and that uses a unified waiting
  942  list to track eligible children waiting for enrollment in the
  943  school readiness program. The Agency for Workforce Innovation
  944  shall establish through technology a single statewide
  945  information system that each coalition must use for the purposes
  946  of managing the integrates each early learning coalition's
  947  single point of entry, tracking children's progress,
  948  coordinating services among stakeholders, determining
  949  eligibility, tracking child attendance, and streamlining
  950  administrative processes for providers and early learning
  951  coalitions and each coalition must use the statewide system.
  952         f. The Agency for Workforce Innovation must consider the
  953  access of eligible children to the school readiness program, as
  954  demonstrated in part by waiting lists, before approving a
  955  proposed increase in payment rates submitted by an early
  956  learning coalition. In addition, early learning coalitions shall
  957  use school readiness funds made available due to enrollment
  958  shifts from school readiness programs to the Voluntary
  959  Prekindergarten Education Program for increasing the number of
  960  children served in school readiness programs before increasing
  961  payment rates.
  962         g.There must be a community plan to address the needs of
  963  all eligible children.
  964         g.h. The program must meet all state licensing guidelines,
  965  where applicable.
  966         2. Each The early learning coalition must implement a
  967  comprehensive program of school readiness services in accordance
  968  with the rules adopted by the agency which that enhance the
  969  cognitive, social, and physical development of children to
  970  achieve the performance standards and outcome measures adopted
  971  by the agency for Workforce Innovation. At a minimum, these
  972  programs must contain the following elements:
  973         a. Developmentally appropriate curriculum designed to
  974  enhance the age-appropriate progress of children in attaining
  975  the performance standards adopted by the Agency for Workforce
  976  Innovation under subparagraph (4)(d)6.(d)8.
  977         b. A character development program to develop basic values.
  978         c. An age-appropriate assessment of each child's
  979  development.
  980         d. A pretest administered to children when they enter a
  981  program and a posttest administered to children when they leave
  982  the program.
  983         e. An appropriate staff-to-children ratio, pursuant to s.
  984  402.305(4) or s. 402.302(7) or (8), as applicable, and as
  985  verified pursuant to s. 402.311.
  986         f. A healthy and safe environment.
  987         g. A resource and referral network established under s.
  988  411.0101 to assist parents in making an informed choice and a
  989  regional warm line under s. 411.01015.
  990         (d) Implementation.—
  991         1. An early learning coalition may not implement the school
  992  readiness program until the coalition is authorized through
  993  approval of the coalition's school readiness plan by the Agency
  994  for Workforce Innovation.
  995         2. Each early learning coalition shall coordinate with one
  996  another to implement a comprehensive program of school readiness
  997  services which enhances the cognitive, social, physical, and
  998  moral character of the children to achieve the performance
  999  standards and outcome measures, helps families achieve economic
 1000  self sufficiency, and reduces agency duplication. Such program
 1001  must contain, at a minimum, the following elements: develop a
 1002  plan for implementing
 1003         a.Implement the school readiness program to meet the
 1004  requirements of this section and the performance standards and
 1005  outcome measures adopted by the Agency for Workforce Innovation.
 1006         b.The plan must Demonstrate how the program will ensure
 1007  that each 3-year-old and 4-year-old child in a publicly funded
 1008  school readiness program receives scheduled activities and
 1009  instruction designed to enhance the age-appropriate progress of
 1010  the children in attaining the performance standards adopted by
 1011  the Agency for Workforce Innovation under subparagraph (4)(d)8.
 1012  
 1013  Before implementing the school readiness program, the early
 1014  learning coalition must submit the plan to the Agency for
 1015  Workforce Innovation for approval. The Agency for Workforce
 1016  Innovation may approve the plan, reject the plan, or approve the
 1017  plan with conditions. The Agency for Workforce Innovation shall
 1018  review school readiness plans at least annually.
 1019         3. If the Agency for Workforce Innovation determines during
 1020  the annual review of school readiness plans, or through
 1021  monitoring and performance evaluations conducted under paragraph
 1022  (4)(l), that an early learning coalition has not substantially
 1023  implemented its plan, has not substantially met the performance
 1024  standards and outcome measures adopted by the agency, or has not
 1025  effectively administered the school readiness program or
 1026  Voluntary Prekindergarten Education Program, the Agency for
 1027  Workforce Innovation may dissolve the coalition and temporarily
 1028  contract with a qualified entity to continue school readiness
 1029  and prekindergarten services in the coalition's county or
 1030  multicounty region until the agency reestablishes the coalition
 1031  and a new the coalition is reestablished through resubmission of
 1032  a school readiness plan has been approved in accordance with the
 1033  rules adopted and approval by the agency.
 1034         4. The Agency for Workforce Innovation shall adopt rules
 1035  establishing criteria for the approval of school readiness
 1036  plans. The criteria must be consistent with the performance
 1037  standards and outcome measures adopted by the agency and must
 1038  require each approved plan to include the following minimum
 1039  standards and provisions for the school readiness program:
 1040         a.A community plan that addresses the needs of all
 1041  eligible children and providers within the coalition's county or
 1042  multicounty region.
 1043         b.a. A sliding fee scale establishing a copayment for
 1044  parents based upon their ability to pay, which is the same for
 1045  all program providers, to be implemented and reflected in each
 1046  program's budget.
 1047         c.b. A choice of settings and locations in licensed,
 1048  registered, religious-exempt, or school-based programs to be
 1049  provided to parents.
 1050         d.c. Instructional staff who have completed the training
 1051  course as required in s. 402.305(2)(d)1., s. 402.313(1)(a)6., or
 1052  s. 402.3131(3), as applicable, as well as requirements for staff
 1053  who have additional training or credentials pursuant to s.
 1054  402.305 as required by the Agency for Workforce Innovation. The
 1055  rules plan must provide a method for assuring the qualifications
 1056  of all personnel in all program settings in collaboration with
 1057  the Department of Children and Family Services.
 1058         e.d. Specific eligibility priorities for children within
 1059  the early learning coalition's county or multicounty region in
 1060  accordance with subsection (6).
 1061         f.e. Performance standards and outcome measures adopted by
 1062  the Agency for Workforce Innovation.
 1063         g.f.The adoption of payment rates that adopted by the
 1064  early learning coalition and approved by the Agency for
 1065  Workforce Innovation. Payment rates may not have the effect of
 1066  limiting parental choice or creating standards or levels of
 1067  services that have not been authorized by the Legislature or
 1068  Federal Government.
 1069         h.g. Systems support services, including, but not limited
 1070  to, a central agency, child care resource and referral,
 1071  eligibility determinations, training of providers, and parent
 1072  support and involvement, statewide quality assurance policies,
 1073  and initiatives and strategies to meet the needs of unique
 1074  populations, such as migratory agricultural workers.
 1075         i.h. Direct enhancement services to families and children.
 1076  System support and direct enhancement services shall be in
 1077  addition to payments for the placement of children in school
 1078  readiness programs. Enhancement services to families may include
 1079  parent training and involvement activities and strategies to
 1080  meet the needs of unique populations and local eligibility
 1081  priorities. Enhancement services to children may include
 1082  provider supports, professional development, and other services
 1083  and payments approved in their plan by the Agency for Workforce
 1084  Innovation.
 1085         j.i. The business organization of the early learning
 1086  coalition, which must include the coalition's articles of
 1087  incorporation and bylaws if the coalition is organized as a
 1088  corporation. If the coalition is not organized as a corporation
 1089  or other business entity, the plan must include the contract
 1090  with a fiscal agent. An early learning coalition may contract
 1091  with other coalitions to achieve efficiency in multicounty
 1092  services, and these contracts may be part of the coalition's
 1093  school readiness plan.
 1094         j.Strategies to meet the needs of unique populations, such
 1095  as migrant workers.
 1096  
 1097  As part of the school readiness plan, The Agency for Workforce
 1098  Innovation early learning coalition may request the Governor to
 1099  apply for a waiver to allow the coalition to administer the Head
 1100  Start Program to accomplish the purposes of the school readiness
 1101  program. If a school readiness plan demonstrates that specific
 1102  statutory goals can be achieved more effectively by using
 1103  procedures that require modification of existing rules,
 1104  policies, or procedures, a request for a waiver to the Agency
 1105  for Workforce Innovation may be submitted as part of the plan.
 1106  Upon review, the Agency for Workforce Innovation may grant the
 1107  proposed modification.
 1108         5. Persons with an early childhood teaching certificate may
 1109  provide support and supervision to other staff in the school
 1110  readiness program.
 1111         6. An early learning coalition may not implement its school
 1112  readiness plan until it submits the plan to and receives
 1113  approval from the Agency for Workforce Innovation. Once the plan
 1114  is approved, the plan and the services provided under the plan
 1115  shall be controlled by the early learning coalition. The plan
 1116  shall be reviewed and revised as necessary, but at least
 1117  biennially. An early learning coalition may not implement the
 1118  revisions until the coalition submits the revised plan to and
 1119  receives approval from the Agency for Workforce Innovation. If
 1120  the Agency for Workforce Innovation rejects a revised plan, the
 1121  coalition must continue to operate under its prior approved
 1122  plan.
 1123         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 1124  apply to an early learning coalition with an approved school
 1125  readiness programs plan. The Agency for Workforce Innovation To
 1126  facilitate innovative practices and to allow the regional
 1127  establishment of school readiness programs, an early learning
 1128  coalition may apply to the Governor and Cabinet for a waiver of,
 1129  and the Governor and Cabinet may waive, any of the provisions of
 1130  ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
 1131  for implementation of the coalition's school readiness programs
 1132  plan.
 1133         8. Two or more coalitions counties may join for purposes of
 1134  planning and implementing a school readiness program.
 1135         9.An early learning coalition may, subject to approval by
 1136  The Agency for Workforce Innovation as part of the coalition's
 1137  school readiness plan, receive subsidized child care funds for
 1138  all children eligible for any federal subsidized child care
 1139  program.
 1140         10. An early learning coalition may enter into multiparty
 1141  contracts with multicounty service providers in order to meet
 1142  the needs of unique populations such as migrant workers.
 1143         (e) Requests for proposals; payment schedule.—
 1144         1. Each early learning coalition must comply with the
 1145  procurement and expenditure procedures adopted by the Agency for
 1146  Workforce Innovation, including, but not limited to, applying
 1147  the procurement and expenditure procedures required by federal
 1148  law for the expenditure of federal funds s. 287.057 for the
 1149  procurement of commodities or contractual services from the
 1150  funds described in paragraph (9)(d). The period of a contract
 1151  for purchase of these commodities or contractual services,
 1152  together with any renewal of the original contract, may not
 1153  exceed 3 years.
 1154         2. Each early learning coalition shall adopt a payment
 1155  schedule that encompasses all programs funded by the coalition
 1156  under this section. The payment schedule must take into
 1157  consideration the prevailing relevant market rate schedule
 1158  adopted under s. 411.01013 and, must include the projected
 1159  number of children to be served, and must be submitted for
 1160  approval by the Agency for Workforce Innovation. An early
 1161  learning coalition may not plan, devise, or implement any
 1162  process that differentiates payment rates, except for the
 1163  processes under s. 411.01013. The payment rate for an informal
 1164  child care arrangement may not exceed arrangements shall be
 1165  reimbursed at not more than 50 percent of the rate adopted
 1166  developed for a family day care home.
 1167         (f) Requirements relating to fiscal agents.—If an early
 1168  learning coalition is not legally organized as a corporation or
 1169  other business entity, the coalition must designate a fiscal
 1170  agent, which may be a public entity, a private nonprofit
 1171  organization, or a certified public accountant who holds a
 1172  license under chapter 473. The fiscal agent must provide
 1173  financial and administrative services under a contract with the
 1174  early learning coalition. The fiscal agent may not provide
 1175  direct early childhood education or child care services;
 1176  however, a fiscal agent may provide those services upon written
 1177  request of the early learning coalition to the Agency for
 1178  Workforce Innovation and upon the approval of the request by the
 1179  agency. The cost of the financial and administrative services
 1180  shall be negotiated between the fiscal agent and the early
 1181  learning coalition. If the fiscal agent is a provider of early
 1182  childhood education and child care programs, the contract must
 1183  specify that the fiscal agent shall act on policy direction from
 1184  the early learning coalition and must not receive policy
 1185  direction from its own corporate board regarding disbursal of
 1186  the coalition's funds. The fiscal agent shall disburse funds in
 1187  accordance with the early learning coalition's approved school
 1188  readiness plan and based on billing and disbursement procedures
 1189  approved by the Agency for Workforce Innovation. The fiscal
 1190  agent must conform to all data-reporting requirements
 1191  established by the Agency for Workforce Innovation.
 1192         (f)(g)Evaluation and annual report.—Each early learning
 1193  coalition shall conduct an evaluation of its implementation the
 1194  effectiveness of the school readiness program, including
 1195  performance standards and outcome measures, and shall provide an
 1196  annual report and fiscal statement to the Agency for Workforce
 1197  Innovation. This report must conform to the content and format
 1198  specifications adopted set by the Agency for Workforce
 1199  Innovation. The Agency for Workforce Innovation must include an
 1200  analysis of the early learning coalitions' reports in the
 1201  agency's annual report.
 1202         (6) PROGRAM ELIGIBILITY.—The Each early learning
 1203  coalition's school readiness program is shall be established for
 1204  children from birth to the beginning of the school year for
 1205  which a child is eligible for admission to kindergarten in a
 1206  public school under s. 1003.21(1)(a)2. or who is eligible for
 1207  any federal subsidized child care program. Each early learning
 1208  coalition shall give priority for participation in the school
 1209  readiness program as follows:
 1210         (a) Priority shall be given first to a child from a family
 1211  in which there is an adult receiving temporary cash assistance
 1212  who is subject to federal work requirements.
 1213         (b) Priority shall be given next to a child who is eligible
 1214  for a school readiness program but who has not yet entered
 1215  children age 3 years to school, entry who is are served by the
 1216  Family Safety Program Office of the Department of Children and
 1217  Family Services or a community-based lead agency under chapter
 1218  39, and for whom child care is needed to minimize risk of
 1219  further abuse, neglect, or abandonment.
 1220         (c) Subsequent priority shall be given to a child Other
 1221  eligible populations include children who meets meet one or more
 1222  of the following criteria:
 1223         1.(a)A child who is younger than Children under the age of
 1224  kindergarten eligibility and who are:
 1225         a.1.Is not included for priority in paragraph (b) but is
 1226  Children determined to be at risk of abuse, neglect, or
 1227  exploitation and is who are currently a client clients of the
 1228  Family Safety Program Office of the Department of Children and
 1229  Family Services, but who are not otherwise given priority under
 1230  this subsection.
 1231         b.2.Is Children at risk of welfare dependency, including
 1232  an economically disadvantaged child children, a child children
 1233  of a participant participants in the welfare transition program,
 1234  a child of a migratory agricultural worker children of migrant
 1235  farmworkers, or a child and children of a teen parent parents.
 1236         c.3.Is a member Children of a working family that is
 1237  economically disadvantaged families whose family income does not
 1238  exceed 150 percent of the federal poverty level.
 1239         d.4.Children For whom financial assistance is provided
 1240  through the state is paying a Relative Caregiver Program payment
 1241  under s. 39.5085.
 1242         2.(b)A 3-year-old child or Three-year-old children and 4
 1243  year-old child children who may not be economically
 1244  disadvantaged but who has a disability; has have disabilities,
 1245  have been served in a specific part-time exceptional education
 1246  program or a combination of part-time exceptional education
 1247  programs with required special services, aids, or equipment;,
 1248  and was were previously reported for funding part time under
 1249  with the Florida Education Finance Program as an exceptional
 1250  student students.
 1251         3.(c)An economically disadvantaged child children, a child
 1252  children with a disability disabilities, or a child and children
 1253  at risk of future school failure, from birth to 4 years of age,
 1254  who is are served at home through a home visitor program
 1255  programs and an intensive parent education program programs.
 1256         4.(d)A child Children who meets meet federal and state
 1257  eligibility requirements for the migrant preschool program but
 1258  who is do not meet the criteria of economically disadvantaged.
 1259  
 1260  As used in this paragraph subsection, the term “economically
 1261  disadvantaged” child means having a child whose family income
 1262  that does not exceed 150 percent of the federal poverty level.
 1263  Notwithstanding any change in a family's economic status, but
 1264  subject to additional family contributions in accordance with
 1265  the sliding fee scale, a child who meets the eligibility
 1266  requirements upon initial registration for the program remains
 1267  eligible until the beginning of the school year for which the
 1268  child is eligible for admission to kindergarten in a public
 1269  school under s. 1003.21(1)(a)2.
 1270         (7) PARENTAL CHOICE.—
 1271         (a) As used in this subsection, the term “payment
 1272  certificate” means a child care certificate as defined in 45
 1273  C.F.R. s. 98.2.
 1274         (b) The school readiness program shall, in accordance with
 1275  45 C.F.R. s. 98.30, provide parental choice through a payment
 1276  certificate purchase service order that ensures, to the maximum
 1277  extent possible, flexibility in the school readiness program
 1278  programs and payment arrangements. According to federal
 1279  regulations requiring parental choice, a parent may choose an
 1280  informal child care arrangement. The payment certificate
 1281  purchase order must bear the names name of the beneficiary and
 1282  the program provider and, when redeemed, must bear the
 1283  signatures signature of both the beneficiary and an authorized
 1284  representative of the provider.
 1285         (c)(b) If it is determined that a provider has given
 1286  provided any cash to the beneficiary in return for receiving a
 1287  payment certificate the purchase order, the early learning
 1288  coalition or its fiscal agent shall refer the matter to the
 1289  Division of Public Assistance Fraud for investigation.
 1290         (d)(c) The office of the Chief Financial Officer shall
 1291  establish an electronic transfer system for the disbursement of
 1292  funds in accordance with this subsection. Each early learning
 1293  coalition shall fully implement the electronic funds transfer
 1294  system within 2 years after approval of the coalition's school
 1295  readiness plan, unless a waiver is obtained from the Agency for
 1296  Workforce Innovation.
 1297         (8) STANDARDS; OUTCOME MEASURES.—A program provider
 1298  participating in the All school readiness program programs must
 1299  meet the performance standards and outcome measures adopted by
 1300  the Agency for Workforce Innovation.
 1301         (9) FUNDING; SCHOOL READINESS PROGRAM.—
 1302         (a) It is the intent of this section to establish an
 1303  integrated and quality seamless service delivery system for all
 1304  publicly funded early childhood education and child care
 1305  programs operating in this state.
 1306         (b)1. The Agency for Workforce Innovation shall administer
 1307  school readiness funds, plans, and policies and shall prepare
 1308  and submit a unified budget request for the school readiness
 1309  system in accordance with chapter 216.
 1310         2. All instructions to early learning coalitions for
 1311  administering this section shall emanate from the Agency for
 1312  Workforce Innovation in accordance with the policies of the
 1313  Legislature.
 1314         (c) The Agency for Workforce Innovation, subject to
 1315  legislative notice and review under s. 216.177, shall establish
 1316  recommend a formula for the allocation among the early learning
 1317  coalitions of all state and federal school readiness funds
 1318  provided for children participating in the public or private
 1319  school readiness program, whether served by a public or private
 1320  provider, programs based upon equity for each county and
 1321  performance. The allocation formula must be submitted to the
 1322  Governor, the chair of the Senate Ways and Means Committee or
 1323  its successor, and the chair of the House of Representatives
 1324  Fiscal Council or its successor no later than January 1 of each
 1325  year. If the Legislature specifies shall specify in the annual
 1326  General Appropriations Act any changes to from the allocation
 1327  formula, methodology for the prior fiscal year which must be
 1328  used by the Agency for Workforce Innovation shall allocate funds
 1329  as specified in allocating the appropriations provided in the
 1330  General Appropriations Act.
 1331         (d) All state, federal, and required local maintenance-of
 1332  effort or matching funds provided to an early learning coalition
 1333  for purposes of this section shall be used by the coalition for
 1334  implementation of the its school readiness program plan,
 1335  including the hiring of staff to effectively operate the
 1336  coalition's school readiness program. As part of plan approval
 1337  and periodic plan review, The Agency for Workforce Innovation
 1338  shall require that administrative costs be kept to the minimum
 1339  necessary for efficient and effective administration of the
 1340  school readiness plan, but total administrative expenditures
 1341  must not exceed 5 percent unless specifically waived by the
 1342  Agency for Workforce Innovation. The Agency for Workforce
 1343  Innovation shall annually report to the Legislature any problems
 1344  relating to administrative costs.
 1345         (e) The Agency for Workforce Innovation shall annually
 1346  distribute, to a maximum extent practicable, all eligible funds
 1347  provided under this section as block grants to the early
 1348  learning coalitions in accordance with the terms and conditions
 1349  specified by the agency.
 1350         (f) State funds appropriated for the school readiness
 1351  program may not be used for the construction of new facilities
 1352  or the purchase of buses. The Agency for Workforce Innovation
 1353  shall present to the Legislature recommendations for providing
 1354  necessary transportation services for school readiness programs.
 1355         (g) All cost savings and all revenues received through a
 1356  mandatory sliding fee scale shall be used to help fund each
 1357  early learning coalition's school readiness program.
 1358         (10) CONFLICTING PROVISIONS.—In the event of a conflict
 1359  between this section and federal requirements, the federal
 1360  requirements shall control.
 1361         (11) PLACEMENTS.—Notwithstanding any other provision of
 1362  this section to the contrary, the first children to be placed in
 1363  the school readiness program shall be those from families
 1364  receiving temporary cash assistance and subject to federal work
 1365  requirements. Subsequent placements shall be made in accordance
 1366  with subsection (6).
 1367         Section 15. Section 411.0101, Florida Statutes, is amended
 1368  to read:
 1369         411.0101 Child care and early childhood resource and
 1370  referral.—The Agency for Workforce Innovation shall establish a
 1371  statewide child care resource and referral network that is
 1372  unbiased and provides referrals to families for child care.
 1373  Preference shall be given to using the already established early
 1374  learning coalitions as the child care resource and referral
 1375  agency. If an early learning coalition cannot comply with the
 1376  requirements to offer the resource information component or does
 1377  not want to offer that service, the early learning coalition
 1378  shall select the resource information agency based upon a
 1379  request for proposal pursuant to s. 411.01(5)(e)1. At least one
 1380  child care resource and referral agency must be established in
 1381  each early learning coalition's county or multicounty region.
 1382  Child care resource and referral agencies shall provide the
 1383  following services:
 1384         (1) Identification of existing public and private child
 1385  care and early childhood education services, including child
 1386  care services by public and private employers, and the
 1387  development of a resource file of those services. These services
 1388  may include family day care, public and private child care
 1389  programs, the Voluntary Prekindergarten Education Program, Head
 1390  Start, the school readiness program prekindergarten early
 1391  intervention programs, special education programs for
 1392  prekindergarten handicapped children who have disabilities,
 1393  services for children with developmental disabilities, full-time
 1394  and part-time programs, before-school and after-school programs,
 1395  vacation care programs, parent education, the WAGES Program, and
 1396  related family support services. The resource file shall
 1397  include, but not be limited to:
 1398         (a) Type of program.
 1399         (b) Hours of service.
 1400         (c) Ages of children served.
 1401         (d) Number of children served.
 1402         (e) Significant program information.
 1403         (f) Fees and eligibility for services.
 1404         (g) Availability of transportation.
 1405         (2) The establishment of a referral process that which
 1406  responds to parental need for information and that which is
 1407  provided with full recognition of the confidentiality rights of
 1408  parents. The resource and referral network programs shall make
 1409  referrals to legally operating licensed child care facilities.
 1410  Referrals may not shall be made to a an unlicensed child care
 1411  facility that is operating illegally or arrangement only if
 1412  there is no requirement that the facility or arrangement be
 1413  licensed.
 1414         (3) Maintenance of ongoing documentation of requests for
 1415  service tabulated through the internal referral process. The
 1416  following documentation of requests for service shall be
 1417  maintained by the all child care resource and referral network
 1418  agencies:
 1419         (a) Number of calls and contacts to the child care resource
 1420  information and referral network agency component by type of
 1421  service requested.
 1422         (b) Ages of children for whom service was requested.
 1423         (c) Time category of child care requests for each child.
 1424         (d) Special time category, such as nights, weekends, and
 1425  swing shift.
 1426         (e) Reason that the child care is needed.
 1427         (f) Name of the employer and primary focus of the business.
 1428         (4) Provision of technical assistance to existing and
 1429  potential providers of child care services. This assistance may
 1430  include:
 1431         (a) Information on initiating new child care services,
 1432  zoning, and program and budget development and assistance in
 1433  finding such information from other sources.
 1434         (b) Information and resources that which help existing
 1435  child care services providers to maximize their ability to serve
 1436  children and parents in their community.
 1437         (c) Information and incentives that may which could help
 1438  existing or planned child care services offered by public or
 1439  private employers seeking to maximize their ability to serve the
 1440  children of their working parent employees in their community,
 1441  through contractual or other funding arrangements with
 1442  businesses.
 1443         (5) Assistance to families and employers in applying for
 1444  various sources of subsidy including, but not limited to, the
 1445  Voluntary Prekindergarten Education Program, the school
 1446  readiness program subsidized child care, Head Start,
 1447  prekindergarten early intervention programs, Project
 1448  Independence, private scholarships, and the federal child and
 1449  dependent care tax credit.
 1450         (6) Assistance to state agencies in determining the market
 1451  rate for child care.
 1452         (6)(7) Assistance in negotiating discounts or other special
 1453  arrangements with child care providers.
 1454         (7)(8) Information and assistance to local interagency
 1455  councils coordinating services for prekindergarten handicapped
 1456  children who have disabilities.
 1457         (8)(9) Assistance to families in identifying summer
 1458  recreation camp and summer day camp programs, and in evaluating
 1459  the health and safety qualities of summer recreation camp and
 1460  summer day camp programs, and in evaluating the health and
 1461  safety qualities of summer camp programs. Contingent upon
 1462  specific appropriation, a checklist of important health and
 1463  safety qualities that parents can use to choose their summer
 1464  camp programs shall be developed and distributed in a manner
 1465  that will reach parents interested in such programs for their
 1466  children.
 1467         (9)(10) A child care facility licensed under s. 402.305 and
 1468  licensed and registered family day care homes must provide the
 1469  statewide child care and resource and referral network agencies
 1470  with the following information annually:
 1471         (a) Type of program.
 1472         (b) Hours of service.
 1473         (c) Ages of children served.
 1474         (d) Fees and eligibility for services.
 1475         (10)(11) The Agency for Workforce Innovation shall adopt
 1476  any rules necessary for the implementation and administration of
 1477  this section.
 1478         Section 16. Subsection (3) and paragraphs (c) and (d) of
 1479  subsection (5) of section 411.0102, Florida Statutes, are
 1480  amended to read:
 1481         411.0102 Child Care Executive Partnership Act; findings and
 1482  intent; grant; limitation; rules.—
 1483         (3) There is created a body politic and corporate known as
 1484  the Child Care Executive Partnership which shall establish and
 1485  govern the Child Care Executive Partnership Program. The purpose
 1486  of the Child Care Executive Partnership Program is to utilize
 1487  state and federal funds as incentives for matching local funds
 1488  derived from local governments, employers, charitable
 1489  foundations, and other sources, so that Florida communities may
 1490  create local flexible partnerships with employers. The Child
 1491  Care Executive Partnership Program funds shall be used at the
 1492  discretion of local communities to meet the needs of working
 1493  parents. A child care purchasing pool shall be developed with
 1494  the state, federal, and local funds to provide subsidies to low
 1495  income working parents whose family income does not exceed the
 1496  allowable income for any federally subsidized child care program
 1497  who are eligible for subsidized child care with a dollar-for
 1498  dollar match from employers, local government, and other
 1499  matching contributions. The funds used from the child care
 1500  purchasing pool must be used to supplement or extend the use of
 1501  existing public or private funds.
 1502         (5)
 1503         (c) The Agency for Workforce Innovation, in conjunction
 1504  with the Child Care Executive Partnership, shall develop
 1505  procedures for disbursement of funds through the child care
 1506  purchasing pools. In order to be considered for funding, an
 1507  early learning coalition or the Agency for Workforce Innovation
 1508  must commit to:
 1509         1. Matching the state purchasing pool funds on a dollar
 1510  for-dollar basis; and
 1511         2. Expending only those public funds which are matched by
 1512  employers, local government, and other matching contributors who
 1513  contribute to the purchasing pool. Parents shall also pay a fee,
 1514  which may not shall be not less than the amount identified in
 1515  the early learning coalition's school readiness program
 1516  subsidized child care sliding fee scale.
 1517         (d) Each early learning coalition board shall be required
 1518  to establish a community child care task force for each child
 1519  care purchasing pool. The task force must be composed of
 1520  employers, parents, private child care providers, and one
 1521  representative from the local children's services council, if
 1522  one exists in the area of the purchasing pool. The early
 1523  learning coalition is expected to recruit the task force members
 1524  from existing child care councils, commissions, or task forces
 1525  already operating in the area of a purchasing pool. A majority
 1526  of the task force shall consist of employers. Each task force
 1527  shall develop a plan for the use of child care purchasing pool
 1528  funds. The plan must show how many children will be served by
 1529  the purchasing pool, how many will be new to receiving child
 1530  care services, and how the early learning coalition intends to
 1531  attract new employers and their employees to the program.
 1532         Section 17. Section 411.0105, Florida Statutes, is amended
 1533  to read:
 1534         411.0105 Early Learning Opportunities Act and Even Start
 1535  Family Literacy Programs; lead agency.—
 1536         (1) For purposes of administration of the federal Early
 1537  Learning Opportunities Act, 20 U.S.C. ss. 9401-9413, the Agency
 1538  for Workforce Innovation is designated as the lead agency and
 1539  must comply with the lead agency responsibilities under law.
 1540         (2)(a) For purposes of administration of and the federal
 1541  William F. Goodling Even Start Family Literacy Programs, 20
 1542  U.S.C. ss. 6381-6381k pursuant to Pub. L. No. 106-554, the
 1543  Department of Education Agency for Workforce Innovation is
 1544  designated as the lead agency and must comply with the lead
 1545  agency responsibilities under pursuant to federal law.
 1546         (b) The Department of Education shall contract with the
 1547  Agency for Workforce Innovation for administration of the
 1548  federal William F. Goodling Even Start Family Literacy Programs.
 1549         Section 18. Paragraph (b) of subsection (8) of section
 1550  411.203, Florida Statutes, is amended to read:
 1551         411.203 Continuum of comprehensive services.—The Department
 1552  of Education and the Department of Health and Rehabilitative
 1553  Services shall utilize the continuum of prevention and early
 1554  assistance services for high-risk pregnant women and for high
 1555  risk and handicapped children and their families, as outlined in
 1556  this section, as a basis for the intraagency and interagency
 1557  program coordination, monitoring, and analysis required in this
 1558  chapter. The continuum shall be the guide for the comprehensive
 1559  statewide approach for services for high-risk pregnant women and
 1560  for high-risk and handicapped children and their families, and
 1561  may be expanded or reduced as necessary for the enhancement of
 1562  those services. Expansion or reduction of the continuum shall be
 1563  determined by intraagency or interagency findings and agreement,
 1564  whichever is applicable. Implementation of the continuum shall
 1565  be based upon applicable eligibility criteria, availability of
 1566  resources, and interagency prioritization when programs impact
 1567  both agencies, or upon single agency prioritization when
 1568  programs impact only one agency. The continuum shall include,
 1569  but not be limited to:
 1570         (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
 1571  OF HIGH-RISK CHILDREN.—
 1572         (b) Child care and early childhood programs, including, but
 1573  not limited to, subsidized child care, licensed nonsubsidized
 1574  child care facilities, family day care homes, therapeutic child
 1575  care, Head Start, and preschool programs in public and private
 1576  schools.
 1577         Section 19. Subsection (2) of section 411.221, Florida
 1578  Statutes, is amended to read:
 1579         411.221 Prevention and early assistance strategic plan;
 1580  agency responsibilities.—
 1581         (2) The strategic plan and subsequent plan revisions shall
 1582  incorporate and otherwise utilize, to the fullest extent
 1583  possible, the evaluation findings and recommendations from
 1584  intraagency, independent third-party, field projects, and
 1585  reports issued by the Auditor General or the Office of Program
 1586  Policy Analysis and Government Accountability, as well as the
 1587  recommendations of the Agency for Workforce Innovation State
 1588  Coordinating Council for School Readiness Programs.
 1589         Section 20. Paragraph (c) of subsection (4) of section
 1590  445.024, Florida Statutes, is amended to read:
 1591         445.024 Work requirements.—
 1592         (4) PRIORITIZATION OF WORK REQUIREMENTS.—Regional workforce
 1593  boards shall require participation in work activities to the
 1594  maximum extent possible, subject to federal and state funding.
 1595  If funds are projected to be insufficient to allow full-time
 1596  work activities by all program participants who are required to
 1597  participate in work activities, regional workforce boards shall
 1598  screen participants and assign priority based on the following:
 1599         (c) A participant who has access to subsidized or
 1600  unsubsidized child care services may be assigned priority for
 1601  work activities.
 1602  
 1603  Regional workforce boards may limit a participant's weekly work
 1604  requirement to the minimum required to meet federal work
 1605  activity requirements. Regional workforce boards may develop
 1606  screening and prioritization procedures based on the allocation
 1607  of resources, the availability of community resources, the
 1608  provision of supportive services, or the work activity needs of
 1609  the service area.
 1610         Section 21. Subsection (2) of section 445.030, Florida
 1611  Statutes, is amended to read:
 1612         445.030 Transitional education and training.—In order to
 1613  assist former recipients of temporary cash assistance who are
 1614  working or actively seeking employment in continuing their
 1615  training and upgrading their skills, education, or training,
 1616  support services may be provided for up to 2 years after the
 1617  family is no longer receiving temporary cash assistance. This
 1618  section does not constitute an entitlement to transitional
 1619  education and training. If funds are not sufficient to provide
 1620  services under this section, the board of directors of Workforce
 1621  Florida, Inc., may limit or otherwise prioritize transitional
 1622  education and training.
 1623         (2) Regional workforce boards may authorize child care or
 1624  other support services in addition to services provided in
 1625  conjunction with employment. For example, a participant who is
 1626  employed full time may receive subsidized child care services
 1627  related to that employment and may also receive additional
 1628  subsidized child care services in conjunction with training to
 1629  upgrade the participant's skills.
 1630         Section 22. Paragraph (a) of subsection (2) of section
 1631  490.014, Florida Statutes, is amended to read:
 1632         490.014 Exemptions.—
 1633         (2) No person shall be required to be licensed or
 1634  provisionally licensed under this chapter who:
 1635         (a) Is a salaried employee of a government agency; a
 1636  developmental disability facility or program; a, mental health,
 1637  alcohol, or drug abuse facility operating under chapter 393,
 1638  chapter 394, or chapter 397; the statewide subsidized child care
 1639  program, subsidized child care case management program, or child
 1640  care resource and referral network program operating under s.
 1641  411.0101 pursuant to chapter 402; a child-placing or child
 1642  caring agency licensed pursuant to chapter 409; a domestic
 1643  violence center certified pursuant to chapter 39; an accredited
 1644  academic institution; or a research institution, if such
 1645  employee is performing duties for which he or she was trained
 1646  and hired solely within the confines of such agency, facility,
 1647  or institution, so long as the employee is not held out to the
 1648  public as a psychologist pursuant to s. 490.012(1)(a).
 1649         Section 23. Paragraph (a) of subsection (4) of section
 1650  491.014, Florida Statutes, is amended to read:
 1651         491.014 Exemptions.—
 1652         (4) No person shall be required to be licensed,
 1653  provisionally licensed, registered, or certified under this
 1654  chapter who:
 1655         (a) Is a salaried employee of a government agency; a
 1656  developmental disability facility or program; a, mental health,
 1657  alcohol, or drug abuse facility operating under chapter 393,
 1658  chapter 394, or chapter 397; the statewide subsidized child care
 1659  program, subsidized child care case management program, or child
 1660  care resource and referral network program operating under s.
 1661  411.0101 pursuant to chapter 402; a child-placing or child
 1662  caring agency licensed pursuant to chapter 409; a domestic
 1663  violence center certified pursuant to chapter 39; an accredited
 1664  academic institution; or a research institution, if such
 1665  employee is performing duties for which he or she was trained
 1666  and hired solely within the confines of such agency, facility,
 1667  or institution, so long as the employee is not held out to the
 1668  public as a clinical social worker, mental health counselor, or
 1669  marriage and family therapist.
 1670         Section 24. Subsection (5) of section 1002.53, Florida
 1671  Statutes, is amended to read:
 1672         1002.53 Voluntary Prekindergarten Education Program;
 1673  eligibility and enrollment.—
 1674         (5) The early learning coalition shall provide each parent
 1675  enrolling a child in the Voluntary Prekindergarten Education
 1676  Program with a profile of every private prekindergarten provider
 1677  and public school delivering the program within the coalition's
 1678  county where the child is being enrolled or multicounty region.
 1679  The profiles shall be provided to parents in a format prescribed
 1680  by the Agency for Workforce Innovation. The profiles must
 1681  include, at a minimum, the following information about each
 1682  provider and school:
 1683         (a) The provider's or school's services, curriculum,
 1684  instructor credentials, and instructor-to-student ratio; and
 1685         (b) The provider's or school's kindergarten readiness rate
 1686  calculated in accordance with s. 1002.69, based upon the most
 1687  recent available results of the statewide kindergarten
 1688  screening.
 1689         Section 25. Paragraph (c) of subsection (3) of section
 1690  1002.67, Florida Statutes, is amended to read:
 1691         1002.67 Performance standards; curricula and
 1692  accountability.—
 1693         (3)
 1694         (c)1. If the kindergarten readiness rate of a private
 1695  prekindergarten provider or public school falls below the
 1696  minimum rate adopted by the State Board of Education as
 1697  satisfactory under s. 1002.69(6), the early learning coalition
 1698  or school district, as applicable, shall require the provider or
 1699  school to submit an improvement plan for approval by the
 1700  coalition or school district, as applicable, and to implement
 1701  the plan.
 1702         2. If a private prekindergarten provider or public school
 1703  fails to meet the minimum rate adopted by the State Board of
 1704  Education as satisfactory under s. 1002.69(6) for 2 consecutive
 1705  years, the early learning coalition or school district, as
 1706  applicable, shall place the provider or school on probation and
 1707  must require the provider or school to take certain corrective
 1708  actions, including the use of a curriculum approved by the
 1709  department under paragraph (2)(c).
 1710         3. A private prekindergarten provider or public school that
 1711  is placed on probation must continue the corrective actions
 1712  required under subparagraph 2., including the use of a
 1713  curriculum approved by the department, until the provider or
 1714  school meets the minimum rate adopted by the State Board of
 1715  Education as satisfactory under s. 1002.69(6).
 1716         4. If a private prekindergarten provider or public school
 1717  remains on probation for 2 consecutive years and fails to meet
 1718  the minimum rate adopted by the State Board of Education as
 1719  satisfactory under s. 1002.69(6), the Agency for Workforce
 1720  Innovation shall remove, require the early learning coalition or
 1721  the Department of Education shall require the school district,
 1722  as applicable, to remove, as applicable, the provider or school
 1723  from eligibility to deliver the Voluntary Prekindergarten
 1724  Education Program and receive state funds for the program.
 1725         Section 26. Paragraph (b) of subsection (6) of section
 1726  1002.71, Florida Statutes, is amended to read:
 1727         1002.71 Funding; financial and attendance reporting.—
 1728         (6)
 1729         (b)1. Each private prekindergarten provider's and district
 1730  school board's attendance policy must require the parent of each
 1731  student in the Voluntary Prekindergarten Education Program to
 1732  verify, each month, the student's attendance on the prior
 1733  month's certified student attendance.
 1734         2. The parent must submit the verification of the student's
 1735  attendance to the private prekindergarten provider or public
 1736  school on forms prescribed by the Agency for Workforce
 1737  Innovation. The forms must include, in addition to the
 1738  verification of the student's attendance, a certification, in
 1739  substantially the following form, that the parent continues to
 1740  choose the private prekindergarten provider or public school in
 1741  accordance with s. 1002.53 and directs that payments for the
 1742  program be made to the provider or school:
 1743  
 1744                VERIFICATION OF STUDENT'S ATTENDANCE               
 1745                AND CERTIFICATION OF PARENTAL CHOICE               
 1746  
 1747  I, ...(Name of Parent)..., swear (or affirm) that my child,
 1748  ...(Name of Student)..., attended the Voluntary Prekindergarten
 1749  Education Program on the days listed above and certify that I
 1750  continue to choose  ...(Name of Provider or School)... to
 1751  deliver the program for my child and direct that program funds
 1752  be paid to the provider or school for my child.
 1753  ...(Signature of Parent)...
 1754  ...(Date)...
 1755  
 1756         3. The private prekindergarten provider or public school
 1757  must keep each original signed form for at least 2 years. Each
 1758  private prekindergarten provider must permit the early learning
 1759  coalition, and each public school must permit the school
 1760  district, to inspect the original signed forms during normal
 1761  business hours. The Agency for Workforce Innovation shall adopt
 1762  procedures for early learning coalitions and school districts to
 1763  review the original signed forms against the certified student
 1764  attendance. The review procedures shall provide for the use of
 1765  selective inspection techniques, including, but not limited to,
 1766  random sampling. Each early learning coalition and the school
 1767  districts district must comply with the review procedures.
 1768         Section 27. Paragraph (b) of subsection (4) of section
 1769  1009.64, Florida Statutes, is amended to read:
 1770         1009.64 Certified Education Paraprofessional Welfare
 1771  Transition Program.—
 1772         (4) The agencies shall complete an implementation plan that
 1773  addresses at least the following recommended components of the
 1774  program:
 1775         (b) A budget for use of incentive funding to provide
 1776  motivation to participants to succeed and excel. The budget for
 1777  incentive funding includes:
 1778         1. Funds allocated by the Legislature directly for the
 1779  program.
 1780         2. Funds that may be made available from the federal
 1781  Workforce Investment Act based on client eligibility or
 1782  requested waivers to make the clients eligible.
 1783         3. Funds made available by implementation strategies that
 1784  would make maximum use of work supplementation funds authorized
 1785  by federal law.
 1786         4. Funds authorized by strategies to lengthen participants'
 1787  eligibility for federal programs such as Medicaid, subsidized
 1788  child care services, and transportation.
 1789  
 1790  Incentives may include a stipend during periods of college
 1791  classroom training, a bonus and recognition for a high grade
 1792  point average, child care and prekindergarten services for
 1793  children of participants, and services to increase a
 1794  participant's ability to advance to higher levels of employment.
 1795  Nonfinancial incentives should include providing a mentor or
 1796  tutor, and service incentives should continue and increase for
 1797  any participant who plans to complete the baccalaureate degree
 1798  and become a certified teacher. Services may be provided in
 1799  accordance with family choice by community colleges and school
 1800  district career centers, through family service centers and
 1801  full-service schools, or under contract with providers through
 1802  central agencies.
 1803         Section 28. Sections 402.3135 and 402.3145, Florida
 1804  Statutes, are repealed.
 1805         Section 29. Section 402.3016, Florida Statutes, is
 1806  transferred and renumbered as section 411.0104, Florida
 1807  Statutes.
 1808         Section 30. This act shall take effect July 1, 2009.