Florida Senate - 2014 CS for SB 1702
By the Committees on Appropriations; and Education
576-04541A-14 20141702c1
1 A bill to be entitled
2 An act relating to education; providing a directive to
3 the Division of Law Revision and Information; changing
4 the term “family day care home” to “family child care
5 home” and the term “family day care” to “family child
6 care”; amending ss. 125.0109 and 166.0445, F.S.;
7 including large family child care homes in local
8 zoning regulation requirements; amending s. 402.302,
9 F.S.; revising the definition of the term “substantial
10 compliance”; requiring the Department of Children and
11 Families to adopt rules for compliance by certain
12 programs not licensed by the department; amending s.
13 402.3025, F.S.; providing requirements for nonpublic
14 schools delivering certain voluntary prekindergarten
15 education programs and school readiness programs;
16 amending s. 402.305, F.S.; revising certain minimum
17 standards for child care facilities; amending s.
18 402.311, F.S.; providing for the inspection of
19 programs regulated by the department; amending s.
20 402.3115, F.S.; providing for abbreviated inspections
21 of specified child care homes; requiring rulemaking;
22 amending s. 402.313, F.S.; revising provisions for
23 licensure, registration, and operation of family day
24 care homes; amending s. 402.3131, F.S.; revising
25 requirements for large family child care homes;
26 amending s. 402.316, F.S., relating to exemptions from
27 child care facility licensing standards; requiring a
28 child care facility operating as a provider of certain
29 voluntary prekindergarten education programs or child
30 care programs to comply with minimum standards;
31 providing penalties for failure to disclose or for use
32 of certain information; requiring the department to
33 establish a fee for inspection and compliance
34 activities; amending s. 627.70161, F.S.; revising
35 restrictions on residential property insurance
36 coverage to include coverage for large family child
37 care homes; amending s. 1001.213, F.S.; providing
38 additional duties of the Office of Early Learning;
39 amending s. 1002.53, F.S.; revising requirements for
40 application and determination of eligibility to enroll
41 in the Voluntary Prekindergarten (VPK) Education
42 Program; amending s. 1002.55, F.S.; revising
43 requirements for a school-year prekindergarten program
44 delivered by a private prekindergarten provider,
45 including requirements for providers, instructors, and
46 child care personnel; providing requirements in the
47 case of provider violations; amending s. 1002.59,
48 F.S.; correcting a cross-reference; amending ss.
49 1002.61 and 1002.63, F.S.; revising employment
50 requirements and educational credentials of certain
51 instructional personnel; amending s. 1002.71, F.S.;
52 revising information that must be reported to parents;
53 amending s. 1002.75, F.S.; revising provisions
54 included in the standard statewide VPK program
55 provider contract; amending s. 1002.77, F.S.; revising
56 the purpose and meetings of the Florida Early Learning
57 Advisory Council; amending s. 1002.81, F.S.; revising
58 certain program definitions; amending s. 1002.82,
59 F.S.; revising the powers and duties of the Office of
60 Early Learning; revising provisions included in the
61 standard statewide school readiness provider contract;
62 amending s. 1002.84, F.S.; revising the powers and
63 duties of early learning coalitions; conforming
64 provisions to changes made by the act; amending s.
65 1002.87, F.S.; revising student eligibility and
66 enrollment requirements for the school readiness
67 program; amending s. 1002.88, F.S.; revising
68 eligibility requirements for program providers that
69 want to deliver the school readiness program;
70 providing conditions for denial of initial
71 eligibility; providing child care personnel
72 requirements; amending s. 1002.89, F.S.; revising the
73 use of funds for the school readiness program;
74 amending s. 1002.91, F.S.; prohibiting an early
75 learning coalition from contracting with specified
76 persons; amending s. 1002.94, F.S.; revising
77 establishment of a community child care task force by
78 an early learning coalition; providing an
79 appropriation; providing an effective date.
80
81 Be It Enacted by the Legislature of the State of Florida:
82
83 Section 1. The Division of Law Revision and Information is
84 directed to prepare a reviser’s bill for the 2015 Regular
85 Session of the Legislature to change the term “family day care
86 home” to “family child care home” and the term “family day care”
87 to “family child care” wherever they appear in the Florida
88 Statutes.
89 Section 2. Section 125.0109, Florida Statutes, is amended
90 to read:
91 125.0109 Family day care homes and large family child care
92 homes; local zoning regulation.—The operation of a residence as
93 a family day care home or large family child care home, as
94 defined in s. 402.302, licensed or registered pursuant to s.
95 402.313 or s. 402.3131, as applicable, constitutes, as defined
96 by law, registered or licensed with the Department of Children
97 and Family Services shall constitute a valid residential use for
98 purposes of any local zoning regulations, and no such regulation
99 shall require the owner or operator of such family day care home
100 or large family child care home to obtain any special exemption
101 or use permit or waiver, or to pay any special fee in excess of
102 $50, to operate in an area zoned for residential use.
103 Section 3. Section 166.0445, Florida Statutes, is amended
104 to read:
105 166.0445 Family day care homes and large family child care
106 homes; local zoning regulation.—The operation of a residence as
107 a family day care home or large family child care home, as
108 defined in s. 402.302, licensed or registered pursuant to s.
109 402.313 or s. 402.3131, as applicable, constitutes, as defined
110 by law, registered or licensed with the Department of Children
111 and Family Services shall constitute a valid residential use for
112 purposes of any local zoning regulations, and no such regulation
113 may not shall require the owner or operator of such family day
114 care home or large family child care home to obtain any special
115 exemption or use permit or waiver, or to pay any special fee in
116 excess of $50, to operate in an area zoned for residential use.
117 Section 4. Subsection (17) of section 402.302, Florida
118 Statutes, is amended to read:
119 402.302 Definitions.—As used in this chapter, the term:
120 (17) “Substantial compliance” means, for purposes of
121 programs operating under s. 1002.55, s. 1002.61, or s. 1002.88,
122 that level of adherence to adopted standards which is sufficient
123 to safeguard the health, safety, and well-being of all children
124 under care. The standards must address requirements found in s.
125 402.305 and are limited to supervision, transportation, access,
126 health-related requirements, food and nutrition, personnel
127 screening, records, and enforcement of these standards. The
128 standards must not limit or exclude the curriculum provided by a
129 faith-based provider or nonpublic school. The department must
130 adopt rules to define and enforce substantial compliance with
131 minimum standards for child care facilities for programs
132 operating under s. 1002.55, s. 1002.61, or s. 1002.88 which are
133 regulated, but not licensed, by the department. Such rules shall
134 be submitted to the Office of Early Learning for approval or
135 disapproval Substantial compliance is greater than minimal
136 adherence but not to the level of absolute adherence. Where a
137 violation or variation is identified as the type which impacts,
138 or can be reasonably expected within 90 days to impact, the
139 health, safety, or well-being of a child, there is no
140 substantial compliance.
141 Section 5. Paragraphs (d) and (e) of subsection (2) of
142 section 402.3025, Florida Statutes, are amended to read:
143 402.3025 Public and nonpublic schools.—For the purposes of
144 ss. 402.301-402.319, the following shall apply:
145 (2) NONPUBLIC SCHOOLS.—
146 (d)1. Nonpublic schools delivering programs under s.
147 1002.55, s. 1002.61, or s. 1002.88 Programs for children who are
148 at least 3 years of age, but under 5 years of age, which are not
149 licensed under ss. 402.301-402.319 shall substantially comply
150 with the minimum child care standards adopted promulgated
151 pursuant to ss. 402.305-402.3057.
152 2. The department or local licensing agency shall enforce
153 compliance with such standards, where possible, to eliminate or
154 minimize duplicative inspections or visits by staff enforcing
155 the minimum child care standards and staff enforcing other
156 standards under the jurisdiction of the department.
157 3. The department or local licensing agency may inspect
158 programs operating under this paragraph and pursue
159 administrative or judicial action under ss. 402.310-402.312
160 against nonpublic schools operating under this paragraph
161 commence and maintain all proper and necessary actions and
162 proceedings for any or all of the following purposes:
163 a. to protect the health, sanitation, safety, and well
164 being of all children under care.
165 b. To enforce its rules and regulations.
166 c. To use corrective action plans, whenever possible, to
167 attain compliance prior to the use of more restrictive
168 enforcement measures.
169 d. To make application for injunction to the proper circuit
170 court, and the judge of that court shall have jurisdiction upon
171 hearing and for cause shown to grant a temporary or permanent
172 injunction, or both, restraining any person from violating or
173 continuing to violate any of the provisions of ss. 402.301
174 402.319. Any violation of this section or of the standards
175 applied under ss. 402.305-402.3057 which threatens harm to any
176 child in the school’s programs for children who are at least 3
177 years of age, but are under 5 years of age, or repeated
178 violations of this section or the standards under ss. 402.305
179 402.3057, shall be grounds to seek an injunction to close a
180 program in a school.
181 e. To impose an administrative fine, not to exceed $100,
182 for each violation of the minimum child care standards
183 promulgated pursuant to ss. 402.305-402.3057.
184 4. It is a misdemeanor of the first degree, punishable as
185 provided in s. 775.082 or s. 775.083, for any person willfully,
186 knowingly, or intentionally to:
187 a. Fail, by false statement, misrepresentation,
188 impersonation, or other fraudulent means, to disclose in any
189 required written documentation for exclusion from licensure
190 pursuant to this section a material fact used in making a
191 determination as to such exclusion; or
192 b. Use information from the criminal records obtained under
193 s. 402.305 or s. 402.3055 for any purpose other than screening
194 that person for employment as specified in those sections or
195 release such information to any other person for any purpose
196 other than screening for employment as specified in those
197 sections.
198 5. It is a felony of the third degree, punishable as
199 provided in s. 775.082, s. 775.083, or s. 775.084, for any
200 person willfully, knowingly, or intentionally to use information
201 from the juvenile records of any person obtained under s.
202 402.305 or s. 402.3055 for any purpose other than screening for
203 employment as specified in those sections or to release
204 information from such records to any other person for any
205 purpose other than screening for employment as specified in
206 those sections.
207 6. The inclusion of nonpublic schools within options
208 available under ss. 1002.55, 1002.61, and 1002.88 does not
209 expand the regulatory authority of the state, its officers, any
210 local licensing agency, or any early learning coalition to
211 impose any additional regulation of nonpublic schools beyond
212 those reasonably necessary to enforce requirements expressly set
213 forth in this paragraph.
214 (e) The department and the nonpublic school accrediting
215 agencies are encouraged to develop agreements to facilitate the
216 enforcement of the minimum child care standards as they relate
217 to the schools which the agencies accredit.
218 Section 6. Paragraphs (a) and (d) of subsection (2),
219 paragraph (b) of subsection (9), and subsections (10) and (18)
220 of section 402.305, Florida Statutes, are amended to read:
221 402.305 Licensing standards; child care facilities.—
222 (2) PERSONNEL.—Minimum standards for child care personnel
223 shall include minimum requirements as to:
224 (a) Good moral character based upon screening, according to
225 the level 2 screening requirements of. This screening shall be
226 conducted as provided in chapter 435, using the level 2
227 standards for screening set forth in that chapter. In addition
228 to the offenses listed in s. 435.04, all child care personnel
229 required to undergo background screening pursuant to this
230 section may not have an arrest awaiting final disposition for,
231 may not have been found guilty of, regardless of adjudication,
232 or entered a plea of nolo contendere or guilty to, and may not
233 have been adjudicated delinquent and have a record that has been
234 sealed or expunged for an offense specified in s. 39.205.
235 (d) Minimum training requirements for child care personnel.
236 1. Such minimum standards for training shall ensure that
237 all child care personnel take an approved 40-clock-hour
238 introductory course in child care, which course covers at least
239 the following topic areas:
240 a. State and local rules and regulations which govern child
241 care.
242 b. Health, safety, and nutrition.
243 c. Identifying and reporting child abuse and neglect.
244 d. Child development, including typical and atypical
245 language, cognitive, motor, social, and self-help skills
246 development.
247 e. Observation of developmental behaviors, including using
248 a checklist or other similar observation tools and techniques to
249 determine the child’s developmental age level.
250 f. Specialized areas, including computer technology for
251 professional and classroom use and numeracy, early literacy, and
252 language development of children from birth to 5 years of age,
253 as determined by the department, for owner-operators and child
254 care personnel of a child care facility.
255 g. Developmental disabilities, including autism spectrum
256 disorder and Down syndrome, and early identification, use of
257 available state and local resources, classroom integration, and
258 positive behavioral supports for children with developmental
259 disabilities.
260
261 Within 90 days after employment, child care personnel shall
262 begin training to meet the training requirements pursuant to
263 this paragraph. Child care personnel shall successfully complete
264 such training within 1 year after the date on which the training
265 began, as evidenced by passage of a competency examination.
266 Successful completion of the 40-clock-hour introductory course
267 shall articulate into community college credit in early
268 childhood education, pursuant to ss. 1007.24 and 1007.25.
269 Exemption from all or a portion of the required training shall
270 be granted to child care personnel based upon educational
271 credentials or passage of competency examinations. Child care
272 personnel possessing a 2-year degree or higher that includes 6
273 college credit hours in early childhood development or child
274 growth and development, or a child development associate
275 credential or an equivalent state-approved child development
276 associate credential, or a child development associate waiver
277 certificate shall be automatically exempted from the training
278 requirements in sub-subparagraphs b., d., and e.
279 2. The introductory course in child care shall stress, to
280 the extent possible, an interdisciplinary approach to the study
281 of children.
282 3. The introductory course shall cover recognition and
283 prevention of shaken baby syndrome; prevention of sudden infant
284 death syndrome; recognition and care of infants and toddlers
285 with developmental disabilities, including autism spectrum
286 disorder and Down syndrome; and early childhood brain
287 development within the topic areas identified in this paragraph.
288 4. On an annual basis in order to further their child care
289 skills and, if appropriate, administrative skills, child care
290 personnel who have fulfilled the requirements for the child care
291 training shall be required to take an additional 1 continuing
292 education unit of approved inservice training, or 10 clock hours
293 of equivalent training, as determined by the department.
294 5. Child care personnel shall be required to complete 0.5
295 continuing education unit of approved training or 5 clock hours
296 of equivalent training, as determined by the department, in
297 numeracy, early literacy, and language development of children
298 from birth to 5 years of age one time. The year that this
299 training is completed, it shall fulfill the 0.5 continuing
300 education unit or 5 clock hours of the annual training required
301 in subparagraph 4.
302 6. Procedures for ensuring the training of qualified child
303 care professionals to provide training of child care personnel,
304 including onsite training, shall be included in the minimum
305 standards. It is recommended that the state community child care
306 coordination agencies (central agencies) be contracted by the
307 department to coordinate such training when possible. Other
308 district educational resources, such as community colleges and
309 career programs, can be designated in such areas where central
310 agencies may not exist or are determined not to have the
311 capability to meet the coordination requirements set forth by
312 the department.
313 7. Training requirements do shall not apply to certain
314 occasional or part-time support staff, including, but not
315 limited to, swimming instructors, piano teachers, dance
316 instructors, and gymnastics instructors.
317 8. The department shall evaluate or contract for an
318 evaluation for the general purpose of determining the status of
319 and means to improve staff training requirements and testing
320 procedures. The evaluation shall be conducted every 2 years. The
321 evaluation must shall include, but not be limited to,
322 determining the availability, quality, scope, and sources of
323 current staff training; determining the need for specialty
324 training; and determining ways to increase inservice training
325 and ways to increase the accessibility, quality, and cost
326 effectiveness of current and proposed staff training. The
327 evaluation methodology must shall include a reliable and valid
328 survey of child care personnel.
329 9. The child care operator shall be required to take basic
330 training in serving children with disabilities within 5 years
331 after employment, either as a part of the introductory training
332 or the annual 8 hours of inservice training.
333 (9) ADMISSIONS AND RECORDKEEPING.—
334 (b) During the months of August and September of each year,
335 Each child care facility shall provide parents of children
336 enrolling enrolled in the facility detailed information
337 regarding the causes, symptoms, and transmission of the
338 influenza virus in an effort to educate those parents regarding
339 the importance of immunizing their children against influenza as
340 recommended by the Advisory Committee on Immunization Practices
341 of the Centers for Disease Control and Prevention.
342 (10) TRANSPORTATION SAFETY.—Minimum standards must shall
343 include requirements for child restraints or seat belts in
344 vehicles used by child care facilities, and large family child
345 care homes, and family day care homes to transport children,
346 requirements for annual inspections of the vehicles, limitations
347 on the number of children in the vehicles, and accountability
348 for children being transported.
349 (18) TRANSFER OF OWNERSHIP.—
350 (a) One week before prior to the transfer of ownership of a
351 child care facility, or family day care home, or large family
352 child care home, the transferor shall notify the parent or
353 caretaker of each child of the impending transfer.
354 (b) The owner of a child care facility, family day care
355 home, or large family child care home may not transfer ownership
356 to a relative of the operator if the operator has had his or her
357 license suspended or revoked by the department pursuant to s.
358 402.310, has received notice from the department that reasonable
359 cause exists to suspend or revoke the license, or has been
360 placed on the United States Department of Agriculture National
361 Disqualified List. For purposes of this paragraph, “relative”
362 means father, mother, son, daughter, grandfather, grandmother,
363 brother, sister, uncle, aunt, cousin, nephew, niece, husband,
364 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
365 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
366 stepdaughter, stepbrother, stepsister, half-brother, or half
367 sister.
368 (c)(b) The department shall, by rule, establish methods by
369 which notice will be achieved and minimum standards by which to
370 implement this subsection.
371 Section 7. Section 402.311, Florida Statutes, is amended to
372 read:
373 402.311 Inspection.—A licensed child care facility or
374 program regulated by the department shall accord to the
375 department or the local licensing agency, whichever is
376 applicable, the privilege of inspection, including access to
377 facilities and personnel and to those records required in s.
378 402.305, at reasonable times during regular business hours, to
379 ensure compliance with the provisions of ss. 402.301-402.319.
380 The right of entry and inspection shall also extend to any
381 premises which the department or local licensing agency has
382 reason to believe are being operated or maintained as a child
383 care facility or program without a license, but no such entry or
384 inspection of any premises shall be made without the permission
385 of the person in charge thereof unless a warrant is first
386 obtained from the circuit court authorizing same. Any
387 application for a license, application for authorization to
388 operate a child care program which must maintain substantial
389 compliance with child care standards adopted under this chapter,
390 or renewal of such license or authorization, made pursuant to
391 this act or the advertisement to the public for the provision of
392 child care as defined in s. 402.302 constitutes shall constitute
393 permission for any entry to or inspection of the subject
394 premises for which the license is sought in order to facilitate
395 verification of the information submitted on or in connection
396 with the application. In the event a licensed facility or
397 program refuses permission for entry or inspection to the
398 department or local licensing agency, a warrant shall be
399 obtained from the circuit court authorizing same before prior to
400 such entry or inspection. The department or local licensing
401 agency may institute disciplinary proceedings pursuant to s.
402 402.310, for such refusal.
403 Section 8. Section 402.3115, Florida Statutes, is amended
404 to read:
405 402.3115 Elimination of duplicative and unnecessary
406 inspections; Abbreviated inspections.—The Department of Children
407 and Family Services and local governmental agencies that license
408 child care facilities shall develop and implement a plan to
409 eliminate duplicative and unnecessary inspections of child care
410 facilities. In addition, The department and the local licensing
411 governmental agencies shall conduct develop and implement an
412 abbreviated inspections of inspection plan for child care
413 facilities licensed under s. 402.305, family day care homes
414 licensed under s. 402.313, and large family child care homes
415 licensed under s. 402.3131 that have had no Class I 1 or Class
416 II violations 2 deficiencies, as defined by rule, for at least 2
417 consecutive years. The abbreviated inspection must include those
418 elements identified by the department and the local licensing
419 governmental agencies as being key indicators of whether the
420 child care facility continues to provide quality care and
421 programming. The department shall adopt rules establishing
422 criteria and procedures for abbreviated inspections and
423 inspection schedules that provide for both announced and
424 unannounced inspections.
425 Section 9. Section 402.313, Florida Statutes, is amended to
426 read:
427 402.313 Family day care homes.—
428 (1) A family day care home must homes shall be licensed
429 under this section act if it is they are presently being
430 licensed under an existing county licensing ordinance, or if the
431 board of county commissioners passes a resolution that requires
432 licensure of family day care homes, or the family day care home
433 is operating a program under s. 1002.55, s. 1002.61, or s.
434 1002.88 be licensed. Each licensed or registered family day care
435 home shall conspicuously display its license or registration in
436 an area viewable by all parents during hours of operation.
437 (a) If not subject to license, a family day care home must
438 comply with this section and homes shall register annually with
439 the department, providing the following information:
440 1. The name and address of the home.
441 2. The name of the operator.
442 3. The number of children served.
443 4. Proof of a written plan to identify a provide at least
444 one other competent adult who has met the screening and training
445 requirements of the department to serve as a designated to be
446 available to substitute for the operator in an emergency. This
447 plan must shall include the name, address, and telephone number
448 of the designated substitute who will serve in the absence of
449 the operator.
450 5. Proof of screening and background checks.
451 6. Proof of successful completion of the 30-hour training
452 course, as evidenced by passage of a competency examination,
453 which shall include:
454 a. State and local rules and regulations that govern child
455 care.
456 b. Health, safety, and nutrition.
457 c. Identifying and reporting child abuse and neglect.
458 d. Child development, including typical and atypical
459 language development; and cognitive, motor, social, and self
460 help skills development.
461 e. Observation of developmental behaviors, including using
462 a checklist or other similar observation tools and techniques to
463 determine a child’s developmental level.
464 f. Specialized areas, including early literacy and language
465 development of children from birth to 5 years of age, as
466 determined by the department, for owner-operators of family day
467 care homes.
468 5.7. Proof that immunization records are kept current.
469 8. Proof of completion of the required continuing education
470 units or clock hours.
471
472 Upon receipt of registration information submitted by a family
473 day care home pursuant to this paragraph, the department shall
474 verify that the home is in compliance with the background
475 screening requirements in subsection (3) and that the operator
476 and the designated substitute are in compliance with applicable
477 training requirements of subsection (4).
478 (b) A family day care home may volunteer to be licensed
479 under this act.
480 (c) The department may provide technical assistance to
481 counties and operators of family day care homes home providers
482 to enable counties and operators family day care providers to
483 achieve compliance with family day care home homes standards.
484 (2) This information shall be included in a directory to be
485 published annually by the department to inform the public of
486 available child care facilities.
487 (3) Child care personnel in family day care homes are shall
488 be subject to the applicable screening provisions contained in
489 ss. 402.305(2) and 402.3055. For purposes of screening in family
490 day care homes, the term “child care personnel” includes the
491 operator, the designated substitute, any member over the age of
492 12 years of a family day care home operator’s family, or persons
493 over the age of 12 years residing with the operator in the
494 family day care home. Members of the operator’s family, or
495 persons residing with the operator, who are between the ages of
496 12 years and 18 years may shall not be required to be
497 fingerprinted, but shall be screened for delinquency records.
498 (4)(a) Before licensure and before caring for children,
499 operators of family day care homes and an individual serving as
500 a substitute for the operator who works 40 hours or more per
501 month on average must:
502 1. Successfully complete an approved 30-clock-hour
503 introductory course in child care, as evidenced by passage of a
504 competency examination, before caring for children. The course
505 must include:
506 a. State and local rules and regulations that govern child
507 care.
508 b. Health, safety, and nutrition.
509 c. Identifying and reporting child abuse and neglect.
510 d. Child development, including typical and atypical
511 language development, and cognitive, motor, social, and
512 executive functioning skills development.
513 e. Observation of developmental behaviors, including using
514 a checklist or other similar observation tools and techniques to
515 determine a child’s developmental level.
516 f. Specialized areas, including numeracy, early literacy,
517 and language development of children from birth to 5 years of
518 age, as determined by the department, for operators of family
519 child care homes.
520 (5) In order to further develop their child care skills
521 and, if appropriate, their administrative skills, operators of
522 family day care homes shall be required to complete an
523 additional 1 continuing education unit of approved training or
524 10 clock hours of equivalent training, as determined by the
525 department, annually.
526 2.(6) Operators of family day care homes shall be required
527 to Complete a 0.5 continuing education unit of approved training
528 in numeracy, early literacy, and language development of
529 children from birth to 5 years of age one time. For an operator,
530 the year that this training is completed, it shall fulfill the
531 0.5 continuing education unit or 5 clock hours of the annual
532 training required in paragraph (c) subsection (5).
533 3. Complete training in first aid and infant and child
534 cardiopulmonary resuscitation as evidenced by current
535 documentation of course completion.
536 (b) Before licensure and before caring for children, family
537 day care home substitutes who work fewer than 40 hours per month
538 on average must complete the department’s 6-clock-hour Family
539 Child Care Home Rules and Regulations training, as evidenced by
540 successful completion of a competency examination and first aid
541 and infant and child cardiopulmonary resuscitation training
542 under subparagraph (a)3. A substitute who has successfully
543 completed the 3-clock-hour Fundamentals of Child Care training
544 established by rules of the department or the 30-clock-hour
545 training under subparagraph (a)1. is not required to complete
546 the 6-clock-hour Family Child Care Home Rules and Regulations
547 training.
548 (c) Operators of family day care homes must annually
549 complete an additional 1 continuing education unit of approved
550 training regarding child care and administrative skills or 10
551 clock hours of equivalent training, as determined by the
552 department.
553 (5)(7) Operators of family day care homes must shall be
554 required annually to complete a health and safety home
555 inspection self-evaluation checklist developed by the department
556 in conjunction with the statewide resource and referral program.
557 The completed checklist shall be signed by the operator of the
558 family day care home and provided to parents as certification
559 that basic health and safety standards are being met.
560 (6)(8) Operators of family day care homes home operators
561 may avail themselves of supportive services offered by the
562 department.
563 (7)(9) The department shall prepare a brochure on family
564 day care for distribution by the department and by local
565 licensing agencies, if appropriate, to family day care homes for
566 distribution to parents using utilizing such child care, and to
567 all interested persons, including physicians and other health
568 professionals; mental health professionals; school teachers or
569 other school personnel; social workers or other professional
570 child care, foster care, residential, or institutional workers;
571 and law enforcement officers. The brochure shall, at a minimum,
572 contain the following information:
573 (a) A brief description of the requirements for family day
574 care registration, training, and background fingerprinting and
575 screening.
576 (b) A listing of those counties that require licensure of
577 family day care homes. Such counties shall provide an addendum
578 to the brochure that provides a brief description of the
579 licensure requirements or may provide a brochure in lieu of the
580 one described in this subsection, provided it contains all the
581 required information on licensure and the required information
582 in the subsequent paragraphs.
583 (c) A statement indicating that information about the
584 family day care home’s compliance with applicable state or local
585 requirements can be obtained from by telephoning the department
586 office or the office of the local licensing agency, including
587 the, if appropriate, at a telephone number or numbers and
588 website address for the department or local licensing agency, as
589 applicable which shall be affixed to the brochure.
590 (d) The statewide toll-free telephone number of the central
591 abuse hotline, together with a notice that reports of suspected
592 and actual child physical abuse, sexual abuse, and neglect are
593 received and referred for investigation by the hotline.
594 (e) Any other information relating to competent child care
595 that the department or local licensing agency, if preparing a
596 separate brochure, considers deems would be helpful to parents
597 and other caretakers in their selection of a family day care
598 home.
599 (8)(10) On an annual basis, the department shall evaluate
600 the registration and licensure system for family day care homes.
601 Such evaluation shall, at a minimum, address the following:
602 (a) The number of family day care homes registered and
603 licensed and the dates of such registration and licensure.
604 (b) The number of children being served in both registered
605 and licensed family day care homes and any available slots in
606 such homes.
607 (c) The number of complaints received concerning family day
608 care, the nature of the complaints, and the resolution of such
609 complaints.
610 (d) The training activities used utilized by child care
611 personnel in family day care homes for meeting the state or
612 local training requirements.
613
614 The evaluation, pursuant to this paragraph, shall be used
615 utilized by the department in any administrative modifications
616 or adjustments to be made in the registration of family day care
617 homes or in any legislative requests for modifications to the
618 system of registration or to other requirements for family day
619 care homes.
620 (11) In order to inform the public of the state requirement
621 for registration of family day care homes as well as the other
622 requirements for such homes to legally operate in the state, the
623 department shall institute a media campaign to accomplish this
624 end. Such a campaign shall include, at a minimum, flyers,
625 newspaper advertisements, radio advertisements, and television
626 advertisements.
627 (9)(12) Notwithstanding any other state or local law or
628 ordinance, any family day care home licensed pursuant to this
629 chapter or pursuant to a county ordinance shall be charged the
630 utility rates accorded to a residential home. A licensed family
631 day care home may not be charged commercial utility rates.
632 (10)(13) The department shall, by rule, establish minimum
633 standards for family day care homes that are required to be
634 licensed by county licensing ordinance or county licensing
635 resolution or that voluntarily choose to be licensed. The
636 standards should include requirements for staffing, training,
637 maintenance of immunization records, minimum health and safety
638 standards, reduced standards for the regulation of child care
639 during evening hours by municipalities and counties, and
640 enforcement of standards. Additionally, the department shall, by
641 rule, adopt procedures for verifying a registered family day
642 care home’s compliance with background screening and training
643 requirements.
644 (11)(14) During the months of August and September of each
645 year, Each family day care home shall provide parents of
646 children enrolling enrolled in the home detailed information
647 regarding the causes, symptoms, and transmission of the
648 influenza virus in an effort to educate those parents regarding
649 the importance of immunizing their children against influenza as
650 recommended by the Advisory Committee on Immunization Practices
651 of the Centers for Disease Control and Prevention.
652 Section 10. Subsections (3), (5), and (9) of section
653 402.3131, Florida Statutes, are amended, and subsection (10) is
654 added to that section, to read:
655 402.3131 Large family child care homes.—
656 (3) Operators of large family child care homes must
657 successfully complete an approved 40-clock-hour introductory
658 course in group child care, including numeracy, early literacy,
659 and language development of children from birth to 5 years of
660 age, as evidenced by passage of a competency examination.
661 Successful completion of the 40-clock-hour introductory course
662 shall articulate into community college credit in early
663 childhood education, pursuant to ss. 1007.24 and 1007.25.
664 (5) Operators of large family child care homes shall be
665 required to complete 0.5 continuing education unit of approved
666 training or 5 clock hours of equivalent training, as determined
667 by the department, in numeracy, early literacy, and language
668 development of children from birth to 5 years of age one time.
669 The year that this training is completed, it shall fulfill the
670 0.5 continuing education unit or 5 clock hours of the annual
671 training required in subsection (4).
672 (9) During the months of August and September of each year,
673 Each large family child care home shall provide parents of
674 children enrolling enrolled in the home detailed information
675 regarding the causes, symptoms, and transmission of the
676 influenza virus in an effort to educate those parents regarding
677 the importance of immunizing their children against influenza as
678 recommended by the Advisory Committee on Immunization Practices
679 of the Centers for Disease Control and Prevention.
680 (10) Notwithstanding any other state or local law or
681 ordinance, any large family child care home licensed under this
682 chapter or under a county ordinance shall be charged the utility
683 rates accorded to a residential home. Such a home may not be
684 charged commercial utility rates.
685 Section 11. Subsections (4), (5), and (6) are added to
686 section 402.316, Florida Statutes, to read:
687 402.316 Exemptions.—
688 (4) A child care facility operating under subsection (1)
689 which is applying to operate or is operating as a provider of a
690 program described in s. 1002.55, s. 1002.61, or s. 1002.88 must
691 substantially comply with the minimum standards for child care
692 facilities adopted pursuant to ss. 402.305-402.3057 and must
693 allow the department or local licensing agency access to monitor
694 and enforce compliance with such standards.
695 (a) The department or local licensing agency may pursue
696 administrative or judicial action under ss. 402.310-402.312 and
697 the rules adopted under those sections against any child care
698 facility operating under this subsection to enforce substantial
699 compliance with child care facility minimum standards or to
700 protect the health, safety, and well-being of any children in
701 the facility’s care. A child care facility operating under this
702 subsection is subject to ss. 402.310-402.312 and the rules
703 adopted under those sections to the same extent as a child care
704 facility licensed under ss. 402.301–402.319.
705 (b) It is a misdemeanor of the first degree, punishable as
706 provided in s. 775.082 or s. 775.083, for a person willfully,
707 knowingly, or intentionally to:
708 1. Fail, by false statement, misrepresentation,
709 impersonation, or other fraudulent means, to disclose in any
710 required written documentation for exclusion from licensure
711 pursuant to this section a material fact used in making a
712 determination as to such exclusion; or
713 2. Use information from the criminal records obtained under
714 s. 402.305 or s. 402.3055 for a purpose other than screening
715 that person for employment as specified in those sections or to
716 release such information to any other person for a purpose other
717 than screening for employment as specified in those sections.
718 (c) It is a felony of the third degree, punishable as
719 provided in s. 775.082, s. 775.083, or s. 775.084, for a person
720 willfully, knowingly, or intentionally to use information from
721 the juvenile records of a person obtained under s. 402.305 or s.
722 402.3055 for a purpose other than screening for employment as
723 specified in those sections or to release information from such
724 records to any other person for a purpose other than screening
725 for employment as specified in those sections.
726 (5) The department shall establish a fee for inspection and
727 compliance activities performed pursuant to this section in an
728 amount sufficient to cover costs. However, the amount of such
729 fee for the inspection of a program may not exceed the fee
730 imposed for child care licensure pursuant to s. 402.315.
731 (6) The inclusion of a child care facility operating under
732 subsection (1) as a provider of a program described in s.
733 1002.55, s. 1002.61, or s. 1002.88 does not expand the
734 regulatory authority of the state, its officers, any local
735 licensing agency, or any early learning coalition to impose any
736 additional regulation of child care facilities beyond those
737 reasonably necessary to enforce requirements expressly set forth
738 in this section.
739 Section 12. Section 627.70161, Florida Statutes, is amended
740 to read:
741 627.70161 Residential property insurance coverage; family
742 day care homes and large family child care homes insurance.—
743 (1) PURPOSE AND INTENT.—The Legislature recognizes that
744 family day care homes and large family child care homes fulfill
745 a vital role in providing child care in Florida. It is the
746 intent of the Legislature that residential property insurance
747 coverage should not be canceled, denied, or nonrenewed solely
748 because child on the basis of the family day care services are
749 provided at the residence. The Legislature also recognizes that
750 the potential liability of residential property insurers is
751 substantially increased by the rendition of child care services
752 on the premises. The Legislature therefore finds that there is a
753 public need to specify that contractual liabilities associated
754 that arise in connection with the operation of a the family day
755 care home or large family child care home are excluded from
756 residential property insurance policies unless they are
757 specifically included in such coverage.
758 (2) DEFINITIONS.—As used in this section, the term:
759 (a) “Child care” means the care, protection, and
760 supervision of a child, for a period up to of less than 24 hours
761 a day on a regular basis, which supplements parental care,
762 enrichment, and health supervision for the child, in accordance
763 with his or her individual needs, and for which a payment, fee,
764 or grant is made for care.
765 (b) “Family day care home” has the same meaning as provided
766 in s. 402.302(8) means an occupied residence in which child care
767 is regularly provided for children from at least two unrelated
768 families and which receives a payment, fee, or grant for any of
769 the children receiving care, whether or not operated for a
770 profit.
771 (c) “Large family child care home” has the same meaning as
772 provided in s. 402.302(11).
773 (3) CHILD FAMILY DAY CARE; COVERAGE.—A residential property
774 insurance policy may shall not provide coverage for liability
775 for claims arising out of, or in connection with, the operation
776 of a family day care home or large family child care home, and
777 the insurer shall be under no obligation to defend against
778 lawsuits covering such claims, unless:
779 (a) Specifically covered in a policy; or
780 (b) Covered by a rider or endorsement for business coverage
781 attached to a policy.
782 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
783 insurer may not deny, cancel, or refuse to renew a policy for
784 residential property insurance solely on the basis that the
785 policyholder or applicant operates a family day care home or
786 large family child care home. In addition to other lawful
787 reasons for refusing to insure, an insurer may deny, cancel, or
788 refuse to renew a policy of a family day care home or large
789 family child care home provider if one or more of the following
790 conditions occur:
791 (a) The policyholder or applicant provides care for more
792 children than authorized for family day care homes or large
793 family child care homes by s. 402.302;
794 (b) The policyholder or applicant fails to maintain a
795 separate commercial liability policy or an endorsement providing
796 liability coverage for the family day care home or large family
797 child care home operations;
798 (c) The policyholder or applicant fails to comply with the
799 family day care home licensure and registration requirements
800 specified in s. 402.313 or the large family child care home
801 licensure requirements specified in s. 402.3131; or
802 (d) Discovery of willful or grossly negligent acts or
803 omissions or any violations of state laws or regulations
804 establishing safety standards for family day care homes and
805 large family child care homes by the named insured or his or her
806 representative which materially increase any of the risks
807 insured.
808 Section 13. Subsections (7), (8), and (9) are added to
809 section 1001.213, Florida Statutes, to read:
810 1001.213 Office of Early Learning.—There is created within
811 the Office of Independent Education and Parental Choice the
812 Office of Early Learning, as required under s. 20.15, which
813 shall be administered by an executive director. The office shall
814 be fully accountable to the Commissioner of Education but shall:
815 (7) Hire a general counsel who reports directly to the
816 executive director of the office.
817 (8) Hire an inspector general who reports directly to the
818 executive director of the office and to the Chief Inspector
819 General pursuant to s. 14.32.
820 (9) By July 1, 2016, develop and implement, in consultation
821 with early learning coalitions and providers of the Voluntary
822 Prekindergarten Education Program and the school readiness
823 program, best practices for providing parental notifications in
824 the parent’s native language to a parent whose native language
825 is a language other than English.
826 Section 14. Subsection (4) of section 1002.53, Florida
827 Statutes, is amended to read:
828 1002.53 Voluntary Prekindergarten Education Program;
829 eligibility and enrollment.—
830 (4)(a) Each parent enrolling a child in the Voluntary
831 Prekindergarten Education Program must complete and submit an
832 application to the early learning coalition through the single
833 point of entry established under s. 1002.82 or to a private
834 prekindergarten provider if the provider is authorized by the
835 early learning coalition to determine student eligibility for
836 enrollment in the program.
837 (b) The application must be submitted on forms prescribed
838 by the Office of Early Learning and must be accompanied by a
839 certified copy of the child’s birth certificate. The forms must
840 include a certification, in substantially the form provided in
841 s. 1002.71(6)(b)2., that the parent chooses the private
842 prekindergarten provider or public school in accordance with
843 this section and directs that payments for the program be made
844 to the provider or school. The Office of Early Learning may
845 authorize alternative methods for submitting proof of the
846 child’s age in lieu of a certified copy of the child’s birth
847 certificate.
848 (c) If a private prekindergarten provider has been
849 authorized to determine child eligibility and enrollment, upon
850 receipt of an application, the provider must:
851 1. Determine the child’s eligibility for the program and be
852 responsible for any errors in such determination.
853 2. Retain the original application and certified copy of
854 the child’s birth certificate or authorized alternative proof of
855 age on file for at least 5 years.
856
857 Pursuant to this paragraph, the early learning coalition may
858 audit applications held by a private prekindergarten provider in
859 the coalition’s service area to determine whether children
860 enrolled and reported for funding by the provider have met the
861 eligibility criteria in subsection (2).
862 (d)(c) Each early learning coalition shall coordinate with
863 each of the school districts within the coalition’s county or
864 multicounty region in the development of procedures for
865 enrolling children in prekindergarten programs delivered by
866 public schools, including procedures for making child
867 eligibility determinations and auditing enrollment records to
868 confirm that enrolled children have met eligibility
869 requirements.
870 Section 15. Section 1002.55, Florida Statutes, is amended
871 to read:
872 1002.55 School-year prekindergarten program delivered by
873 private prekindergarten providers.—
874 (1) Each early learning coalition shall administer the
875 Voluntary Prekindergarten Education Program at the county or
876 regional level for students enrolled under s. 1002.53(3)(a) in a
877 school-year prekindergarten program delivered by a private
878 prekindergarten provider. Each early learning coalition shall
879 cooperate with the Office of Early Learning and the Child Care
880 Services Program Office of the Department of Children and
881 Families to reduce paperwork and to avoid duplicating
882 interagency activities, health and safety monitoring, and
883 acquiring and composing data pertaining to child care training
884 and credentialing.
885 (2) Each school-year prekindergarten program delivered by a
886 private prekindergarten provider must comprise at least 540
887 instructional hours.
888 (3) To be eligible to deliver the prekindergarten program,
889 a private prekindergarten provider must meet each of the
890 following requirements:
891 (a) The private prekindergarten provider must be a child
892 care facility licensed under s. 402.305, family day care home
893 licensed under s. 402.313, large family child care home licensed
894 under s. 402.3131, nonpublic school exempt from licensure under
895 s. 402.3025(2), or faith-based child care provider exempt from
896 licensure under s. 402.316.
897 (a)(b) The private prekindergarten provider must:
898 1. Be accredited by an accrediting association that is a
899 member of the National Council for Private School Accreditation,
900 or the Florida Association of Academic Nonpublic Schools, or be
901 accredited by the Southern Association of Colleges and Schools,
902 or Western Association of Colleges and Schools, or North Central
903 Association of Colleges and Schools, or Middle States
904 Association of Colleges and Schools, or New England Association
905 of Colleges and Schools; and have written accreditation
906 standards that meet or exceed the state’s licensing requirements
907 under s. 402.305, s. 402.313, or s. 402.3131 and require at
908 least one onsite visit to the provider or school before
909 accreditation is granted;
910 2. Hold a current Gold Seal Quality Care designation under
911 s. 402.281; or
912 3. Be licensed under s. 402.305, s. 402.313, or s.
913 402.3131; or
914 4. Be a child development center located on a military
915 installation that is certified by the United States Department
916 of Defense.
917 (b) The private prekindergarten provider must provide basic
918 health and safety on its premises and in its facilities. For a
919 public school, compliance with ss. 1003.22 and 1013.12 satisfies
920 this requirement. For a nonpublic school, compliance with s.
921 402.3025(2)(d) satisfies this requirement. For a child care
922 facility, a licensed family day care home, or a large family
923 child care home, compliance with s. 402.305, s. 402.313, or s.
924 402.3131, respectively, satisfies this requirement. For a
925 facility exempt from licensure, compliance with s. 402.316(4)
926 satisfies this requirement and demonstrate, before delivering
927 the Voluntary Prekindergarten Education Program, as verified by
928 the early learning coalition, that the provider meets each of
929 the requirements of the program under this part, including, but
930 not limited to, the requirements for credentials and background
931 screenings of prekindergarten instructors under paragraphs (c)
932 and (d), minimum and maximum class sizes under paragraph (f),
933 prekindergarten director credentials under paragraph (g), and a
934 developmentally appropriate curriculum under s. 1002.67(2)(b).
935 (c) The private prekindergarten provider must have, for
936 each prekindergarten class of 11 children or fewer, at least one
937 prekindergarten instructor who meets each of the following
938 requirements:
939 1. The prekindergarten instructor must hold, at a minimum,
940 one of the following credentials:
941 a. A child development associate credential issued by the
942 National Credentialing Program of the Council for Professional
943 Recognition; or
944 b. A credential approved by the Department of Children and
945 Families, pursuant to s. 402.305(3)(c), as being equivalent to
946 or greater than the credential described in sub-subparagraph a.;
947 c. An associate or higher degree in child development;
948 d. An associate or higher degree in an unrelated field, at
949 least 6 credit hours in early childhood education or child
950 development, and at least 480 hours of experience in teaching or
951 providing child care services for children any age from birth
952 through 8 years of age;
953 e. A baccalaureate or higher degree in early childhood
954 education, prekindergarten or primary education, preschool
955 education, or family and consumer science;
956 f. A baccalaureate or higher degree in family and child
957 science and at least 480 hours of experience in teaching or
958 providing child care services for children any age from birth
959 through 8 years of age;
960 g. A baccalaureate or higher degree in elementary education
961 if the prekindergarten instructor has been certified to teach
962 children of any age from birth through grade 6, regardless of
963 whether the instructor’s educator certificate is current, and if
964 the instructor is not ineligible to teach in a public school
965 because his or her educator certificate is suspended or revoked;
966 or
967 h. A credential approved by the department as being
968 equivalent to or greater than a credential described in sub
969 subparagraphs a.-f. The department may adopt criteria and
970 procedures for approving such equivalent credentials.
971
972 The Department of Children and Families may adopt rules under
973 ss. 120.536(1) and 120.54 which provide criteria and procedures
974 for approving equivalent credentials under sub-subparagraph b.
975 2. The prekindergarten instructor must successfully
976 complete an emergent literacy training course and a student
977 performance standards training course approved by the office as
978 meeting or exceeding the minimum standards adopted under s.
979 1002.59. The requirement for completion of the standards
980 training course shall take effect July 1, 2015 2014, and the
981 course shall be available online.
982 (d) Each prekindergarten instructor employed by the private
983 prekindergarten provider must be of good moral character, must
984 undergo background screening pursuant to s. 402.305(2)(a) be
985 screened using the level 2 screening standards in s. 435.04
986 before employment, must be and rescreened at least once every 5
987 years, must be denied employment or terminated if required under
988 s. 435.06, and must not be ineligible to teach in a public
989 school because his or her educator certificate is suspended or
990 revoked.
991 (e) A private prekindergarten provider may assign a
992 substitute instructor to temporarily replace a credentialed
993 instructor if the credentialed instructor assigned to a
994 prekindergarten class is absent, as long as the substitute
995 instructor meets the requirements of paragraph (d) is of good
996 moral character and has been screened before employment in
997 accordance with level 2 background screening requirements in
998 chapter 435. The Office of Early Learning shall adopt rules to
999 implement this paragraph which shall include required
1000 qualifications of substitute instructors and the circumstances
1001 and time limits for which a private prekindergarten provider may
1002 assign a substitute instructor.
1003 (f) Each of the private prekindergarten provider’s
1004 prekindergarten classes must be composed of at least 4 students
1005 but may not exceed 20 students. In order to protect the health
1006 and safety of students, each private prekindergarten provider
1007 must also provide appropriate adult supervision for students at
1008 all times and, for each prekindergarten class composed of 12 or
1009 more students, must have, in addition to a prekindergarten
1010 instructor who meets the requirements of paragraph (c), at least
1011 one adult prekindergarten instructor who is not required to meet
1012 those requirements but who must meet each requirement of s.
1013 402.305(2) paragraph (d). This paragraph does not supersede any
1014 requirement imposed on a provider under ss. 402.301-402.319.
1015 (g) The private prekindergarten provider must have a
1016 prekindergarten director who has a prekindergarten director
1017 credential that is approved by the office as meeting or
1018 exceeding the minimum standards adopted under s. 1002.57.
1019 Successful completion of a child care facility director
1020 credential under s. 402.305(2)(f) before the establishment of
1021 the prekindergarten director credential under s. 1002.57 or July
1022 1, 2006, whichever occurs later, satisfies the requirement for a
1023 prekindergarten director credential under this paragraph.
1024 (h) The private prekindergarten provider must register with
1025 the early learning coalition on forms prescribed by the Office
1026 of Early Learning.
1027 (i) The private prekindergarten provider must execute the
1028 statewide provider contract prescribed under s. 1002.75, except
1029 that an individual who owns or operates multiple private
1030 prekindergarten providers within a coalition’s service area may
1031 execute a single agreement with the coalition on behalf of each
1032 provider.
1033 (j) The private prekindergarten provider must maintain
1034 general liability insurance and provide the coalition with
1035 written evidence of general liability insurance coverage,
1036 including coverage for transportation of children if
1037 prekindergarten students are transported by the provider. A
1038 provider must obtain and retain an insurance policy that
1039 provides a minimum of $100,000 of coverage per occurrence and a
1040 minimum of $300,000 general aggregate coverage. The office may
1041 authorize lower limits upon request, as appropriate. A provider
1042 must add the coalition as a named certificateholder and as an
1043 additional insured. A provider must provide the coalition with a
1044 minimum of 10 calendar days’ advance written notice of
1045 cancellation of or changes to coverage. The general liability
1046 insurance required by this paragraph must remain in full force
1047 and effect for the entire period of the provider contract with
1048 the coalition.
1049 (k) The private prekindergarten provider must obtain and
1050 maintain any required workers’ compensation insurance under
1051 chapter 440 and any required reemployment assistance or
1052 unemployment compensation coverage under chapter 443, unless
1053 exempt under state or federal law.
1054 (l) Notwithstanding paragraph (j), for a private
1055 prekindergarten provider that is a state agency or a subdivision
1056 thereof, as defined in s. 768.28(2), the provider must agree to
1057 notify the coalition of any additional liability coverage
1058 maintained by the provider in addition to that otherwise
1059 established under s. 768.28. The provider shall indemnify the
1060 coalition to the extent permitted by s. 768.28.
1061 (m) The private prekindergarten provider shall be denied
1062 initial eligibility to offer the program if the provider has
1063 been cited for a Class I violation in the 12 months before
1064 seeking eligibility and the Office of Early Learning determines
1065 that denial of initial eligibility is appropriate after a review
1066 of the violation and the provider’s licensure history. The
1067 Office of Early Learning shall establish a procedure of due
1068 process which ensures each provider the opportunity to appeal
1069 such a denial of initial eligibility to offer the program. The
1070 decision of the Office of Early Learning is not subject to the
1071 provisions of the Administrative Procedure Act, chapter 120.
1072 (n)(m) The private prekindergarten provider must deliver
1073 the Voluntary Prekindergarten Education Program in accordance
1074 with this part and have child disciplinary policies that
1075 prohibit children from being subjected to discipline that is
1076 severe, humiliating, frightening, or associated with food, rest,
1077 toileting, spanking, or any other form of physical punishment as
1078 provided in s. 402.305(12).
1079 (o) Beginning January 1, 2015, at least 50 percent of the
1080 instructors employed by a prekindergarten provider at each
1081 location, who are responsible for supervising children in care,
1082 must be trained in first aid and infant and child
1083 cardiopulmonary resuscitation, as evidenced by current
1084 documentation of course completion. As a condition of
1085 employment, instructors hired on or after January 1, 2015, must
1086 complete this training within 60 days after employment.
1087 (p) Beginning January 1, 2016, the private prekindergarten
1088 provider must employ child care personnel who hold a high school
1089 diploma or its equivalent and are at least 18 years of age,
1090 unless the personnel are not responsible for supervising
1091 children in care or are under direct supervision and are not
1092 counted for the purposes of computing the personnel-to-child
1093 ratio.
1094 (4) A prekindergarten instructor, in lieu of the minimum
1095 credentials and courses required under paragraph (3)(c), may
1096 hold one of the following educational credentials:
1097 (a) A bachelor’s or higher degree in early childhood
1098 education, prekindergarten or primary education, preschool
1099 education, or family and consumer science;
1100 (b) A bachelor’s or higher degree in elementary education,
1101 if the prekindergarten instructor has been certified to teach
1102 children any age from birth through 6th grade, regardless of
1103 whether the instructor’s educator certificate is current, and if
1104 the instructor is not ineligible to teach in a public school
1105 because his or her educator certificate is suspended or revoked;
1106 (c) An associate’s or higher degree in child development;
1107 (d) An associate’s or higher degree in an unrelated field,
1108 at least 6 credit hours in early childhood education or child
1109 development, and at least 480 hours of experience in teaching or
1110 providing child care services for children any age from birth
1111 through 8 years of age; or
1112 (e) An educational credential approved by the department as
1113 being equivalent to or greater than an educational credential
1114 described in this subsection. The department may adopt criteria
1115 and procedures for approving equivalent educational credentials
1116 under this paragraph.
1117 (5) Notwithstanding paragraph (3)(b), a private
1118 prekindergarten provider may not participate in the Voluntary
1119 Prekindergarten Education Program if the provider has child
1120 disciplinary policies that do not prohibit children from being
1121 subjected to discipline that is severe, humiliating,
1122 frightening, or associated with food, rest, toileting, spanking,
1123 or any other form of physical punishment as provided in s.
1124 402.305(12).
1125 Section 16. Subsection (1) of section 1002.59, Florida
1126 Statutes, is amended to read:
1127 1002.59 Emergent literacy and performance standards
1128 training courses.—
1129 (1) The office shall adopt minimum standards for one or
1130 more training courses in emergent literacy for prekindergarten
1131 instructors. Each course must comprise 5 clock hours and provide
1132 instruction in strategies and techniques to address the age
1133 appropriate progress of prekindergarten students in developing
1134 emergent literacy skills, including oral communication,
1135 knowledge of print and letters, phonemic and phonological
1136 awareness, and vocabulary and comprehension development. Each
1137 course must also provide resources containing strategies that
1138 allow students with disabilities and other special needs to
1139 derive maximum benefit from the Voluntary Prekindergarten
1140 Education Program. Successful completion of an emergent literacy
1141 training course approved under this section satisfies
1142 requirements for approved training in early literacy and
1143 language development under ss. 402.305(2)(d)5., 402.313(4)(c)
1144 402.313(6), and 402.3131(5).
1145 Section 17. Subsections (4) through (7) of section 1002.61,
1146 Florida Statutes, are amended to read:
1147 1002.61 Summer prekindergarten program delivered by public
1148 schools and private prekindergarten providers.—
1149 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
1150 Each public school and private prekindergarten provider that
1151 delivers the summer prekindergarten program must have, for each
1152 prekindergarten class, at least one prekindergarten instructor
1153 who is a certified teacher or holds one of the educational
1154 credentials specified in s. 1002.55(3)(c)1.e.-h. 1002.55(4)(a)
1155 or (b). As used in this subsection, the term “certified teacher”
1156 means a teacher holding a valid Florida educator certificate
1157 under s. 1012.56 who has the qualifications required by the
1158 district school board to instruct students in the summer
1159 prekindergarten program. In selecting instructional staff for
1160 the summer prekindergarten program, each school district shall
1161 give priority to teachers who have experience or coursework in
1162 early childhood education.
1163 (5) Each prekindergarten instructor employed by a public
1164 school or private prekindergarten provider delivering the summer
1165 prekindergarten program must be of good moral character, must
1166 undergo background screening pursuant to s. 402.305(2)(a) be
1167 screened using the level 2 screening standards in s. 435.04
1168 before employment, must be and rescreened at least once every 5
1169 years, and must be denied employment or terminated if required
1170 under s. 435.06. Each prekindergarten instructor employed by a
1171 public school delivering the summer prekindergarten program, and
1172 must satisfy the not be ineligible to teach in a public school
1173 because his or her educator certificate is suspended or revoked.
1174 This subsection does not supersede employment requirements for
1175 instructional personnel in public schools as provided in s.
1176 1012.32 which are more stringent than the requirements of this
1177 subsection.
1178 (6) A public school or private prekindergarten provider may
1179 assign a substitute instructor to temporarily replace a
1180 credentialed instructor if the credentialed instructor assigned
1181 to a prekindergarten class is absent, as long as the substitute
1182 instructor meets the requirements of subsection (5) is of good
1183 moral character and has been screened before employment in
1184 accordance with level 2 background screening requirements in
1185 chapter 435. This subsection does not supersede employment
1186 requirements for instructional personnel in public schools which
1187 are more stringent than the requirements of this subsection. The
1188 Office of Early Learning shall adopt rules to implement this
1189 subsection which must shall include required qualifications of
1190 substitute instructors and the circumstances and time limits for
1191 which a public school or private prekindergarten provider may
1192 assign a substitute instructor.
1193 (7) Notwithstanding ss. 1002.55(3)(e) 1002.55(3)(f) and
1194 1002.63(7), each prekindergarten class in the summer
1195 prekindergarten program, regardless of whether the class is a
1196 public school’s or private prekindergarten provider’s class,
1197 must be composed of at least 4 students but may not exceed 12
1198 students beginning with the 2009 summer session. In order to
1199 protect the health and safety of students, each public school or
1200 private prekindergarten provider must also provide appropriate
1201 adult supervision for students at all times. This subsection
1202 does not supersede any requirement imposed on a provider under
1203 ss. 402.301-402.319.
1204 Section 18. Subsections (5) and (6) of section 1002.63,
1205 Florida Statutes, are amended to read:
1206 1002.63 School-year prekindergarten program delivered by
1207 public schools.—
1208 (5) Each prekindergarten instructor employed by a public
1209 school delivering the school-year prekindergarten program must
1210 satisfy the be of good moral character, must be screened using
1211 the level 2 screening standards in s. 435.04 before employment
1212 and rescreened at least once every 5 years, must be denied
1213 employment or terminated if required under s. 435.06, and must
1214 not be ineligible to teach in a public school because his or her
1215 educator certificate is suspended or revoked. This subsection
1216 does not supersede employment requirements for instructional
1217 personnel in public schools as provided in s. 1012.32 which are
1218 more stringent than the requirements of this subsection.
1219 (6) A public school prekindergarten provider may assign a
1220 substitute instructor to temporarily replace a credentialed
1221 instructor if the credentialed instructor assigned to a
1222 prekindergarten class is absent, as long as the substitute
1223 instructor meets the requirements of subsection (5) is of good
1224 moral character and has been screened before employment in
1225 accordance with level 2 background screening requirements in
1226 chapter 435. This subsection does not supersede employment
1227 requirements for instructional personnel in public schools which
1228 are more stringent than the requirements of this subsection. The
1229 Office of Early Learning shall adopt rules to implement this
1230 subsection which must shall include required qualifications of
1231 substitute instructors and the circumstances and time limits for
1232 which a public school prekindergarten provider may assign a
1233 substitute instructor.
1234 Section 19. Paragraph (a) of subsection (6) of section
1235 1002.71, Florida Statutes, is amended to read:
1236 1002.71 Funding; financial and attendance reporting.—
1237 (6)(a) Each parent enrolling his or her child in the
1238 Voluntary Prekindergarten Education Program must agree to comply
1239 with the attendance policy of the private prekindergarten
1240 provider or district school board, as applicable. Upon
1241 enrollment of the child, the private prekindergarten provider or
1242 public school, as applicable, must provide the child’s parent
1243 with program information, including, but not limited to, child
1244 development, expectations for parent engagement, the daily
1245 schedule, and the a copy of the provider’s or school district’s
1246 attendance policy, which must include procedures for contacting
1247 a parent on the second consecutive day a child is absent for
1248 which the reason is unknown as applicable.
1249 Section 20. Subsection (1) of section 1002.75, Florida
1250 Statutes, is amended to read:
1251 1002.75 Office of Early Learning; powers and duties.—
1252 (1) The Office of Early Learning shall adopt by rule a
1253 standard statewide provider contract to be used with each
1254 Voluntary Prekindergarten Education Program provider, with
1255 standardized attachments by provider type. The office shall
1256 publish a copy of the standard statewide provider contract on
1257 its website. The standard statewide contract must shall include,
1258 at a minimum, provisions that:
1259 (a) Govern for provider probation, termination for cause,
1260 and emergency termination for those actions or inactions of a
1261 provider that pose an immediate and serious danger to the
1262 health, safety, or welfare of children. The standard statewide
1263 contract shall also include appropriate due process procedures.
1264 During the pendency of an appeal of a termination, the provider
1265 may not continue to offer its services.
1266 (b) Require each private prekindergarten provider to
1267 conspicuously post, in an area visible to parents, on the
1268 premises, pursuant to s. 402.3125(1)(b), and the provider’s
1269 Internet website, if available, each citation for a Class I
1270 violation, as defined by rule of the Department of Children and
1271 Families, which results in disciplinary action. Such posting
1272 must use simple language to describe each violation with
1273 specificity and include a copy of the citation and the contact
1274 information of the Department of Children and Families or the
1275 local licensing agency from which the parent may obtain
1276 additional information regarding the citation. Posting of a
1277 Class I violation by the provider must occur within 24 hours
1278 after receipt of the citation. Additionally, such provider shall
1279 post each inspection report on the premises in an area visible
1280 to parents, which report must remain posted until the next
1281 inspection report is available.
1282 (c) Specify that child care personnel employed by the
1283 provider who are responsible for supervising children in care
1284 must be trained in developmentally appropriate practices aligned
1285 to the age and needs of children over which the personnel are
1286 assigned supervision duties. This requirement is met by the
1287 completion of developmentally appropriate practice courses
1288 administered by the Department of Children and Families under s.
1289 402.305(2)(d)1. within 30 days after being assigned such
1290 children if the child care personnel has not previously
1291 completed the training.
1292
1293 Any provision imposed upon a provider that is inconsistent with,
1294 or prohibited by, law is void and unenforceable.
1295 Section 21. Subsections (1), (3), and (5) of section
1296 1002.77, Florida Statutes, are amended to read:
1297 1002.77 Florida Early Learning Advisory Council.—
1298 (1) There is created the Florida Early Learning Advisory
1299 Council within the Office of Early Learning. The purpose of the
1300 advisory council is to provide written input submit
1301 recommendations to the executive director office on early
1302 learning best practices, including recommendations relating to
1303 the most effective program administration; of the Voluntary
1304 Prekindergarten Education Program under this part and the school
1305 readiness program under part VI of this chapter. The advisory
1306 council shall periodically analyze and provide recommendations
1307 to the office on the effective and efficient use of local,
1308 state, and federal funds; the content of professional
1309 development training programs; and best practices for the
1310 development and implementation of coalition plans pursuant to s.
1311 1002.85.
1312 (3) The advisory council shall meet at least quarterly upon
1313 the call of the executive director but may meet as often as
1314 necessary to carry out its duties and responsibilities. The
1315 executive director is encouraged to advisory council may use
1316 communications media technology any method of telecommunications
1317 to conduct meetings in accordance with s. 120.54(5)(b),
1318 including establishing a quorum through telecommunications, only
1319 if the public is given proper notice of a telecommunications
1320 meeting and reasonable access to observe and, when appropriate,
1321 participate.
1322 (5) The Office of Early Learning shall provide staff and
1323 administrative support for the advisory council as determined by
1324 the executive director.
1325 Section 22. Paragraph (f) of subsection (1) and subsections
1326 (8) and (16) of section 1002.81, Florida Statutes, are amended
1327 to read:
1328 1002.81 Definitions.—Consistent with the requirements of 45
1329 C.F.R. parts 98 and 99 and as used in this part, the term:
1330 (1) “At-risk child” means:
1331 (f) A child in the custody of a parent who is considered
1332 homeless as verified by a designated lead agency on the homeless
1333 assistance continuum of care established under ss. 420.622
1334 420.624 Department of Children and Families certified homeless
1335 shelter.
1336 (8) “Family income” means the combined gross income,
1337 whether earned or unearned, that is derived from any source by
1338 all family or household members who are 18 years of age or older
1339 who are currently residing together in the same dwelling unit.
1340 The term does not include:
1341 (a) Income earned by a currently enrolled high school
1342 student who, since attaining the age of 18 years, or a student
1343 with a disability who, since attaining the age of 22 years, has
1344 not terminated school enrollment or received a high school
1345 diploma, high school equivalency diploma, special diploma, or
1346 certificate of high school completion.
1347 (b) Income earned by a teen parent residing in the same
1348 residence as a separate family unit.
1349 (c) Selected items from the state’s Child Care and
1350 Development Fund Plan, such as The term also does not include
1351 food stamp benefits, documented child support and alimony
1352 payments paid out of the home, or federal housing assistance
1353 payments issued directly to a landlord or the associated
1354 utilities expenses.
1355 (16) “Working family” means:
1356 (a) A single-parent family in which the parent with whom
1357 the child resides is employed or engaged in eligible work or
1358 education activities for at least 20 hours per week or is exempt
1359 from work requirements due to age or disability, as determined
1360 and documented by a physician licensed under chapter 458 or
1361 chapter 459;
1362 (b) A two-parent family in which both parents with whom the
1363 child resides are employed or engaged in eligible work or
1364 education activities for a combined total of at least 40 hours
1365 per week; or
1366 (c) A two-parent family in which one of the parents with
1367 whom the child resides is exempt from work requirements due to
1368 age or disability, as determined and documented by a physician
1369 licensed under chapter 458 or chapter 459, and one parent is
1370 employed or engaged in eligible work or education activities at
1371 least 20 hours per week; or
1372 (d) A two-parent family in which both of the parents with
1373 whom the child resides are exempt from work requirements due to
1374 age or disability, as determined and documented by a physician
1375 licensed under chapter 458 or chapter 459.
1376 Section 23. Paragraphs (b), (j), (m), and (p) of subsection
1377 (2) of section 1002.82, Florida Statutes, are amended to read:
1378 1002.82 Office of Early Learning; powers and duties.—
1379 (2) The office shall:
1380 (b) Preserve parental choice by permitting parents to
1381 choose from a variety of child care categories authorized in s.
1382 1002.88(1)(a), including center-based care, family child care,
1383 and informal child care to the extent authorized in the state’s
1384 Child Care and Development Fund Plan as approved by the United
1385 States Department of Health and Human Services pursuant to 45
1386 C.F.R. s. 98.18. Care and curriculum by a faith-based provider
1387 may not be limited or excluded in any of these categories.
1388 (j) Develop and adopt standards and benchmarks that address
1389 the age-appropriate progress of children in the development of
1390 school readiness skills. The standards for children from birth
1391 to 5 years of age in the school readiness program must be
1392 aligned with the performance standards adopted for children in
1393 the Voluntary Prekindergarten Education Program and must address
1394 the following domains:
1395 1. Approaches to learning.
1396 2. Cognitive development and general knowledge.
1397 3. Numeracy, language, and communication.
1398 4. Physical development.
1399 5. Self-regulation.
1400
1401 By July 1, 2015, the Office of Early Learning shall develop and
1402 implement an online training course on the performance standards
1403 for school readiness program provider personnel pursuant to this
1404 paragraph.
1405 (m) Adopt by rule a standard statewide provider contract to
1406 be used with each school readiness program provider, with
1407 standardized attachments by provider type. The office shall
1408 publish a copy of the standard statewide provider contract on
1409 its website. The standard statewide contract must shall include,
1410 at a minimum, provisions that:
1411 1. Govern for provider probation, termination for cause,
1412 and emergency termination for those actions or inactions of a
1413 provider that pose an immediate and serious danger to the
1414 health, safety, or welfare of the children. The standard
1415 statewide provider contract shall also include appropriate due
1416 process procedures. During the pendency of an appeal of a
1417 termination, the provider may not continue to offer its
1418 services.
1419 2. Require each provider that is eligible to provide the
1420 program pursuant to s. 1002.88(1)(a) to conspicuously post, in
1421 an area visible to parents, on the premises, pursuant to s.
1422 402.3125(1)(b), and the provider’s Internet website, if
1423 available, each citation for a Class I violation, as defined by
1424 rule of the Department of Children and Families, which results
1425 in disciplinary action. Such posting must use simple language to
1426 describe each violation with specificity and include a copy of
1427 the citation and the contact information of the Department of
1428 Children and Families or the local licensing agency from which
1429 the parent may obtain additional information regarding the
1430 citation. Posting of a Class I violation by the provider must
1431 occur within 24 hours after receipt of the citation.
1432 Additionally, such provider shall post each inspection report on
1433 the premises in an area visible to parents, which report must
1434 remain posted until the next inspection report is available.
1435 3. Specify that child care personnel employed by the
1436 provider who are responsible for supervising children in care
1437 must be trained in developmentally appropriate practices aligned
1438 to the age and needs of children over which the personnel are
1439 assigned supervision duties. This requirement is met by
1440 completion of developmentally appropriate practice courses
1441 administered by the Department of Children and Families under s.
1442 402.305(2)(d)1. within 30 days after being assigned such
1443 children if the child care personnel has not previously
1444 completed the training.
1445 4. Require child care personnel who are employed by the
1446 provider to complete an online training course on the
1447 performance standards adopted pursuant to paragraph (j).
1448
1449 Any provision imposed upon a provider that is inconsistent with,
1450 or prohibited by, law is void and unenforceable.
1451 (p) Monitor and evaluate the performance of each early
1452 learning coalition in administering the school readiness program
1453 and the Voluntary Prekindergarten Education Program, ensuring
1454 proper payments for school readiness program and Voluntary
1455 Prekindergarten Education Program services, and implementing the
1456 coalition’s school readiness program plan, and administering the
1457 Voluntary Prekindergarten Education Program. These monitoring
1458 and performance evaluations must include, at a minimum, onsite
1459 monitoring of each coalition’s finances, management, operations,
1460 and programs.
1461 Section 24. Subsections (8) and (20) of section 1002.84,
1462 Florida Statutes, are amended to read:
1463 1002.84 Early learning coalitions; school readiness powers
1464 and duties.—Each early learning coalition shall:
1465 (8) Establish a parent sliding fee scale that requires a
1466 parent copayment to participate in the school readiness program.
1467 Providers are required to collect the parent’s copayment. A
1468 coalition may, on a case-by-case basis, waive the copayment for
1469 an at-risk child or temporarily waive the copayment for a child
1470 whose family’s income is at or below the federal poverty level
1471 and family experiences a natural disaster or an event that
1472 limits the parent’s ability to pay, such as incarceration,
1473 placement in residential treatment, or becoming homeless, or an
1474 emergency situation such as a household fire or burglary, or
1475 while the parent is participating in parenting classes. A parent
1476 may not transfer school readiness program services to another
1477 school readiness program provider until the parent has submitted
1478 documentation from the current school readiness program provider
1479 to the early learning coalition stating that the parent has
1480 satisfactorily fulfilled the copayment obligation.
1481 (20) To increase transparency and accountability, comply
1482 with the requirements of this section before contracting with a
1483 member of the coalition, an employee of the coalition, or a
1484 relative, as defined in s. 112.3143(1) s. 112.3143(1)(b), of a
1485 coalition member or of an employee of the coalition. Such
1486 contracts may not be executed without the approval of the
1487 office. Such contracts, as well as documentation demonstrating
1488 adherence to this section by the coalition, must be approved by
1489 a two-thirds vote of the coalition, a quorum having been
1490 established; all conflicts of interest must be disclosed before
1491 the vote; and any member who may benefit from the contract, or
1492 whose relative may benefit from the contract, must abstain from
1493 the vote. A contract under $25,000 between an early learning
1494 coalition and a member of that coalition or between a relative,
1495 as defined in s. 112.3143(1) s. 112.3143(1)(b), of a coalition
1496 member or of an employee of the coalition is not required to
1497 have the prior approval of the office but must be approved by a
1498 two-thirds vote of the coalition, a quorum having been
1499 established, and must be reported to the office within 30 days
1500 after approval. If a contract cannot be approved by the office,
1501 a review of the decision to disapprove the contract may be
1502 requested by the early learning coalition or other parties to
1503 the disapproved contract.
1504 Section 25. Paragraphs (c) and (h) of subsection (1) and
1505 subsections (6) through (8) of section 1002.87, Florida
1506 Statutes, are amended to read:
1507 1002.87 School readiness program; eligibility and
1508 enrollment.—
1509 (1) Effective August 1, 2013, or upon reevaluation of
1510 eligibility for children currently served, whichever is later,
1511 each early learning coalition shall give priority for
1512 participation in the school readiness program as follows:
1513 (c) Priority shall be given next to a child from birth to
1514 the beginning of the school year for which the child is eligible
1515 for admission to kindergarten in a public school under s.
1516 1003.21(1)(a)2. who is from a working family that is
1517 economically disadvantaged, and may include such child’s
1518 eligible siblings, beginning with the school year in which the
1519 sibling is eligible for admission to kindergarten in a public
1520 school under s. 1003.21(1)(a)2. until the beginning of the
1521 school year in which the sibling enters is eligible to begin 6th
1522 grade, provided that the first priority for funding an eligible
1523 sibling is local revenues available to the coalition for funding
1524 direct services. However, a child eligible under this paragraph
1525 ceases to be eligible if his or her family income exceeds 200
1526 percent of the federal poverty level.
1527 (h) Priority shall be given next to a child who has special
1528 needs, has been determined eligible as an infant or toddler from
1529 birth to 3 years of age with an individualized family support
1530 plan receiving early intervention services or as a student with
1531 a disability with, has a current individual education plan with
1532 a Florida school district, and is not younger than 3 years of
1533 age. A special needs child eligible under this paragraph remains
1534 eligible until the child is eligible for admission to
1535 kindergarten in a public school under s. 1003.21(1)(a)2.
1536 (6) Eligibility for each child must be reevaluated
1537 annually. Upon reevaluation, a child may not continue to receive
1538 school readiness program services if he or she has ceased to be
1539 eligible under this section. If a child no longer meets
1540 eligibility or program requirements, the coalition must
1541 immediately notify the child’s parent and the provider that
1542 funding will end 2 weeks after the date on which the child was
1543 determined to be ineligible or when the current child care
1544 authorization expires, whichever occurs first.
1545 (7) If a coalition disenrolls children from the school
1546 readiness program due to lack of funding or a change in
1547 eligibility priorities, the coalition must disenroll the
1548 children in reverse order of the eligibility priorities listed
1549 in subsection (1) beginning with children from families with the
1550 highest family incomes. A notice of disenrollment must be sent
1551 to the parent and school readiness program provider at least 2
1552 weeks before disenrollment or the expiration of the current
1553 child care authorization, whichever occurs first, to provide
1554 adequate time for the parent to arrange alternative care for the
1555 child. However, an at-risk child receiving services from the
1556 Child Welfare Program Office of the Department of Children and
1557 Families may not be disenrolled from the program without the
1558 written approval of the Child Welfare Program Office of the
1559 Department of Children and Families or the community-based lead
1560 agency.
1561 (8) If a child is absent from the program for 2 consecutive
1562 days without parental notification to the program of such
1563 absence, the school readiness program provider shall contact the
1564 parent and determine the cause for absence and expected date of
1565 return. If a child is absent from the program for 5 consecutive
1566 days without parental notification to the program of such
1567 absence, the school readiness program provider shall report the
1568 absence to the early learning coalition for a determination of
1569 the need for continued care.
1570 Section 26. Paragraphs (a) through (c) and (l) through (q)
1571 of subsection (1) of section 1002.88, Florida Statutes, are
1572 amended, present subsections (2) and (3) are renumbered as
1573 subsections (4) and (5), respectively, present subsection (2) is
1574 amended, and new subsections (2) and (3) are added to that
1575 section, to read:
1576 1002.88 School readiness program provider standards;
1577 eligibility to deliver the school readiness program.—
1578 (1) To be eligible to deliver the school readiness program,
1579 a school readiness program provider must:
1580 (a)1. Be a nonpublic school in substantial compliance with
1581 s. 402.3025(2)(d), a child care facility licensed under s.
1582 402.305, a family day care home licensed or registered under s.
1583 402.313, a large family child care home licensed under s.
1584 402.3131, or a child care facility exempt from licensure
1585 operating under s. 402.316(4);
1586 2. Be an entity that is part of Florida’s education system
1587 under s. 1000.04(1); a public school or nonpublic school exempt
1588 from licensure under s. 402.3025, a faith-based child care
1589 provider exempt from licensure under s. 402.316, a before-school
1590 or after-school program described in s. 402.305(1)(c), or
1591 3. Be an informal child care provider to the extent
1592 authorized in the state’s Child Care and Development Fund Plan
1593 as approved by the United States Department of Health and Human
1594 Services pursuant to 45 C.F.R. s. 98.18.
1595 (b) Provide instruction and activities to enhance the age
1596 appropriate progress of each child in attaining the child
1597 development standards adopted by the office pursuant to s.
1598 1002.82(2)(j). A provider should include activities to foster
1599 brain development in infants and toddlers; provide an
1600 environment that is rich in language and music and filled with
1601 objects of various colors, shapes, textures, and sizes to
1602 stimulate visual, tactile, auditory, and linguistic senses; and
1603 include 30 minutes of reading to children each day. A provider
1604 must provide parents information on child development,
1605 expectations for parent engagement, the daily schedule, and the
1606 attendance policy.
1607 (c) Provide basic health and safety of its premises and
1608 facilities in accordance with applicable licensing and
1609 inspection requirements and compliance with requirements for
1610 age-appropriate immunizations of children enrolled in the school
1611 readiness program. For a child care facility, a large family
1612 child care home, or a licensed family day care home, compliance
1613 with s. 402.305, s. 402.3131, or s. 402.313 satisfies this
1614 requirement. For a public or nonpublic school, compliance with
1615 ss. s. 402.3025 or s. 1003.22 and 1013.12 satisfies this
1616 requirement. For a nonpublic school, compliance with s.
1617 402.3025(2)(d) satisfies this requirement. For a facility exempt
1618 from licensure, compliance with s. 402.316(4) satisfies this
1619 requirement. For an informal provider, substantial compliance as
1620 defined in s. 402.302(17) satisfies this requirement. A provider
1621 shall be denied initial eligibility to offer the program if the
1622 provider has been cited for a Class I violation in the 12 months
1623 before seeking eligibility and the Office of Early Learning
1624 determines that denial of initial eligibility is appropriate
1625 after a review of the violation and the provider’s licensure
1626 history. The Office of Early Learning shall establish a
1627 procedure of due process which ensures each provider the
1628 opportunity to appeal such a denial of initial eligibility to
1629 offer the program. The decision of the Office of Early Learning
1630 is not subject to the provisions of the Administrative Procedure
1631 Act, chapter 120 A faith-based child care provider, an informal
1632 child care provider, or a nonpublic school, exempt from
1633 licensure under s. 402.316 or s. 402.3025, shall annually
1634 complete the health and safety checklist adopted by the office,
1635 post the checklist prominently on its premises in plain sight
1636 for visitors and parents, and submit it annually to its local
1637 early learning coalition.
1638 (l) For a provider that is not an informal provider,
1639 Maintain general liability insurance and provide the coalition
1640 with written evidence of general liability insurance coverage,
1641 including coverage for transportation of children if school
1642 readiness program children are transported by the provider. A
1643 private provider must obtain and retain an insurance policy that
1644 provides a minimum of $100,000 of coverage per occurrence and a
1645 minimum of $300,000 general aggregate coverage. The office may
1646 authorize lower limits upon request, as appropriate. A provider
1647 must add the coalition as a named certificateholder and as an
1648 additional insured. A private provider must provide the
1649 coalition with a minimum of 10 calendar days’ advance written
1650 notice of cancellation of or changes to coverage. The general
1651 liability insurance required by this paragraph must remain in
1652 full force and effect for the entire period of the provider
1653 contract with the coalition.
1654 (m) For a provider that is an informal provider, comply
1655 with the provisions of paragraph (l) or maintain homeowner’s
1656 liability insurance and, if applicable, a business rider. If an
1657 informal provider chooses to maintain a homeowner’s policy, the
1658 provider must obtain and retain a homeowner’s insurance policy
1659 that provides a minimum of $100,000 of coverage per occurrence
1660 and a minimum of $300,000 general aggregate coverage. The office
1661 may authorize lower limits upon request, as appropriate. An
1662 informal provider must add the coalition as a named
1663 certificateholder and as an additional insured. An informal
1664 provider must provide the coalition with a minimum of 10
1665 calendar days’ advance written notice of cancellation of or
1666 changes to coverage. The general liability insurance required by
1667 this paragraph must remain in full force and effect for the
1668 entire period of the provider’s contract with the coalition.
1669 (m)(n) Obtain and maintain any required workers’
1670 compensation insurance under chapter 440 and any required
1671 reemployment assistance or unemployment compensation coverage
1672 under chapter 443, unless exempt under state or federal law.
1673 (n)(o) Notwithstanding paragraph (l), for a provider that
1674 is a state agency or a subdivision thereof, as defined in s.
1675 768.28(2), agree to notify the coalition of any additional
1676 liability coverage maintained by the provider in addition to
1677 that otherwise established under s. 768.28. The provider shall
1678 indemnify the coalition to the extent permitted by s. 768.28.
1679 (o)(p) Execute the standard statewide provider contract
1680 adopted by the office.
1681 (p)(q) Operate on a full-time and part-time basis and
1682 provide extended-day and extended-year services to the maximum
1683 extent possible without compromising the quality of the program
1684 to meet the needs of parents who work.
1685 (2) Beginning January 1, 2016, child care personnel
1686 employed by a school readiness program provider must hold a high
1687 school diploma or its equivalent and be at least 18 years of
1688 age, unless the personnel are not responsible for supervising
1689 children in care or are under direct supervision and are not
1690 counted for the purposes of computing the personnel-to-child
1691 ratio.
1692 (3) Beginning January 1, 2015, at least 50 percent of the
1693 child care personnel employed by a school readiness provider at
1694 each location, who are responsible for supervising children in
1695 care, must be trained in first aid and infant and child
1696 cardiopulmonary resuscitation, as evidenced by current
1697 documentation of course completion. As a condition of
1698 employment, personnel hired on or after January 1, 2015, must
1699 complete this training within 60 days after employment.
1700 (4)(2) If a school readiness program provider fails or
1701 refuses to comply with this part or any contractual obligation
1702 of the statewide provider contract under s. 1002.82(2)(m), the
1703 coalition may revoke the provider’s eligibility to deliver the
1704 school readiness program or receive state or federal funds under
1705 this chapter for a period of 5 years.
1706 Section 27. Paragraph (b) of subsection (6) and subsection
1707 (7) of Section 1002.89, Florida Statutes, are amended to read:
1708 1002.89 School readiness program; funding.—
1709 (6) Costs shall be kept to the minimum necessary for the
1710 efficient and effective administration of the school readiness
1711 program with the highest priority of expenditure being direct
1712 services for eligible children. However, no more than 5 percent
1713 of the funds described in subsection (5) may be used for
1714 administrative costs and no more than 22 percent of the funds
1715 described in subsection (5) may be used in any fiscal year for
1716 any combination of administrative costs, quality activities, and
1717 nondirect services as follows:
1718 (b) Activities to improve the quality of child care as
1719 described in 45 C.F.R. s. 98.51, which must shall be limited to
1720 the following:
1721 1. Developing, establishing, expanding, operating, and
1722 coordinating resource and referral programs specifically related
1723 to the provision of comprehensive consumer education to parents
1724 and the public to promote informed child care choices specified
1725 in 45 C.F.R. s. 98.33 regarding participation in the school
1726 readiness program and parental choice.
1727 2. Awarding grants and providing financial support to
1728 school readiness program providers and their staff to assist
1729 them in meeting applicable state requirements for child care
1730 performance standards, implementing developmentally appropriate
1731 curricula and related classroom resources that support
1732 curricula, providing literacy supports, obtaining a license or
1733 accreditation, and providing professional development, including
1734 scholarships and other incentives. Any grants awarded pursuant
1735 to this subparagraph shall comply with the requirements of ss.
1736 215.971 and 287.058.
1737 3. Providing training, and technical assistance, and
1738 financial support for school readiness program providers, staff,
1739 and parents on standards, child screenings, child assessments,
1740 developmentally appropriate curricula, character development,
1741 teacher-child interactions, age-appropriate discipline
1742 practices, health and safety, nutrition, first aid,
1743 cardiopulmonary resuscitation, the recognition of communicable
1744 diseases, and child abuse detection and prevention.
1745 4. Providing from among the funds provided for the
1746 activities described in subparagraphs 1.-3., adequate funding
1747 for infants and toddlers as necessary to meet federal
1748 requirements related to expenditures for quality activities for
1749 infant and toddler care.
1750 5. Improving the monitoring of compliance with, and
1751 enforcement of, applicable state and local requirements as
1752 described in and limited by 45 C.F.R. s. 98.40.
1753 6. Responding to Warm-Line requests by providers and
1754 parents related to school readiness program children, including
1755 providing developmental and health screenings to school
1756 readiness program children.
1757 (7) Funds appropriated for the school readiness program may
1758 not be expended for the purchase or improvement of land; for the
1759 purchase, construction, or permanent improvement of any building
1760 or facility; or for the purchase of buses. However, funds may be
1761 expended for minor remodeling necessary for the administration
1762 of the program and upgrading of child care facilities to ensure
1763 that providers meet state and local child care standards,
1764 including applicable health and safety requirements.
1765 Section 28. Subsection (7) of section 1002.91, Florida
1766 Statutes, is amended to read:
1767 1002.91 Investigations of fraud or overpayment; penalties.—
1768 (7) The early learning coalition may not contract with a
1769 school readiness program provider, or a Voluntary
1770 Prekindergarten Education Program provider, or an individual who
1771 is on the United States Department of Agriculture National
1772 Disqualified List. In addition, the coalition may not contract
1773 with any provider that shares an officer or director with a
1774 provider that is on the United States Department of Agriculture
1775 National Disqualified List.
1776 Section 29. Paragraph (d) of subsection (3) of section
1777 1002.94, Florida Statutes, is amended to read:
1778 1002.94 Child Care Executive Partnership Program.—
1779 (3)
1780 (d) Each early learning coalition shall establish a
1781 community child care task force for each child care purchasing
1782 pool. The task force must be composed of employers, parents,
1783 private child care providers, and one representative from the
1784 local children’s services council, if one exists in the area of
1785 the purchasing pool. The early learning coalition is expected to
1786 recruit the task force members from existing child care
1787 councils, commissions, or task forces already operating in the
1788 area of a purchasing pool. A majority of the task force shall
1789 consist of employers.
1790 Section 30. For the 2014-2015 fiscal year, the sums of
1791 $1,219,575 in recurring funds and $11,319 in nonrecurring funds
1792 from the Federal Grants Trust Fund and $70,800 in recurring
1793 funds from the Operations and Maintenance Trust Fund are
1794 appropriated to the Department of Children and Families, and 18
1795 full-time equivalent positions with associated salary rate of
1796 608,446 are authorized, for the purpose of implementing the
1797 regulatory provisions of this act.
1798 Section 31. This act shall take effect July 1, 2014.