Senate Bill 1760e1
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    SB 1760                                        First Engrossed
  1                      A bill to be entitled
  2         An act relating to obsolete, expired, or
  3         repealed provisions of law; repealing various
  4         provisions of law that have become obsolete,
  5         have had their effect, have served their
  6         purpose, or have been impliedly repealed or
  7         superseded; repealing s. 63.301, F.S., relating
  8         to the Advisory Council on Adoption; repealing
  9         s. 397.94(2) and (3)(a), F.S., relating to
10         plans for implementation of the children's
11         substance abuse information and referral
12         network and integration thereof with the child
13         and adolescent mental health information and
14         referral network; repealing s. 402.175, F.S.,
15         relating to the umbrella trust fund for
16         developmentally disabled and mentally ill
17         persons; repealing s. 402.3058, F.S., relating
18         to exemption from fingerprinting requirements
19         for summer camp personnel, the provisions of
20         which are published elsewhere in statutes;
21         repealing s. 402.33(10)(a), F.S., relating to
22         review by the Department of Children and Family
23         Services and the Department of Health of
24         services provided to clients to ensure that
25         fees assessed therefor conform to law;
26         repealing s. 402.72(3), F.S., relating to
27         evaluation of and a report to the Legislature
28         on the effectiveness and efficiency of
29         contracting functions in each service district
30         of the Department of Children and Family
31         Services; repealing ss. 409.501-409.506, F.S.,
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    SB 1760                                        First Engrossed
  1         relating to the Florida Financial Assistance
  2         for Community Services Act of 1974; amending s.
  3         430.204, F.S.; deleting a reference, to
  4         conform; amending s. 409.942, F.S.; deleting
  5         provisions relating to the pilot portion of the
  6         electronic benefit transfer program of the
  7         Department of Children and Family Services;
  8         repealing s. 411.204, F.S., relating to
  9         handicap prevention and early childhood
10         assistance program evaluation design and
11         conduct and independent third-party evaluation;
12         amending ss. 397.901 and 411.01, F.S.;
13         conforming cross-references; amending s.
14         411.222, F.S.; deleting provisions relating to
15         intraagency and interagency coordination
16         through the Office of Prevention, Early
17         Assistance, and Child Development of the
18         Department of Education and of the former
19         Department of Health and Rehabilitative
20         Services; amending ss. 230.2303, 383.14,
21         391.304, 402.281, 402.305, 402.3052, 402.45,
22         402.47, and 411.221, F.S.; revising references,
23         to conform; repealing s. 411.232(4) and (5),
24         F.S., relating to implementation and evaluation
25         of the Children's Early Investment Program;
26         repealing s. 414.38(10), F.S., relating to an
27         evaluation of the local work experience and job
28         training pilot program for noncustodial
29         parents; amending s. 414.70, F.S.; deleting
30         obsolete provisions relating to an evaluation
31         of certain drug-testing and drug-screening
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    SB 1760                                        First Engrossed
  1         demonstration projects; repealing s. 28, ch.
  2         96-403, Laws of Florida; terminating the Board
  3         of Regents task force that examined and
  4         reported on the optimal organizational
  5         structure for the delivery of social services;
  6         providing an effective date.
  7
  8  Be It Enacted by the Legislature of the State of Florida:
  9
10         Section 1.  Section 63.301, Florida Statutes, is
11  repealed.
12         Section 2.  Subsection (2) and paragraph (a) of
13  subsection (3) of section 397.94, Florida Statutes, are
14  repealed.
15         Section 3.  Section 402.175, Florida Statutes, is
16  repealed.
17         Section 4.  Section 402.3058, Florida Statutes, is
18  repealed.
19         Section 5.  Paragraph (a) of subsection (10) of section
20  402.33, Florida Statutes, is repealed.
21         Section 6.  Subsection (3) of section 402.72, Florida
22  Statutes, is repealed.
23         Section 7.  Sections 409.501, 409.502, 409.503,
24  409.504, 409.505, and 409.506, Florida Statutes, are repealed.
25         Section 8.  Subsection (6) of section 430.204, Florida
26  Statutes, is amended to read:
27         430.204  Community-care-for-the-elderly core services;
28  departmental powers and duties.--
29         (6)  When possible, services shall be obtained under:
30         (a)  The Florida Plan for Medical Assistance under
31  Title XIX of the Social Security Act;
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    SB 1760                                        First Engrossed
  1         (b)  The State Plan on Aging under the Older Americans
  2  Act; or
  3         (c)  The Florida Financial Assistance for Community
  4  Services Act of 1974.
  5         Section 9.  Subsections (2) and (3) of section 409.942,
  6  Florida Statutes, are amended to read:
  7         409.942  Electronic benefit transfer program.--
  8         (2)  The department shall, in accordance with
  9  applicable federal laws and regulations, develop minimum
10  program requirements and other policy initiatives for the
11  electronic benefit transfer program and shall have at least
12  one operational pilot program in place by July 1, 1996.
13         (3)  The department shall enter into public-private
14  contracts for all provisions of electronic transfer of public
15  assistance benefits, including, but not limited to, the
16  necessary electronic equipment and technical support for the
17  electronic benefit transfer pilot program.
18         Section 10.  Section 411.204, Florida Statutes, is
19  repealed.
20         Section 11.  Paragraph (c) of subsection (2) of section
21  397.901, Florida Statutes, is amended to read:
22         397.901  Prototype juvenile addictions receiving
23  facilities.--
24         (2)
25         (c)  The department may implement the prototype
26  juvenile addictions receiving facilities component of the
27  emergency assessment and specialized treatment services within
28  resources appropriated for this purpose.
29         1.  Using the criteria provided in this section, the
30  department shall evaluate and select the service providers and
31  sites to be funded initially.
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    SB 1760                                        First Engrossed
  1         2.  An independent third-party evaluation of the
  2  prototypes must be conducted in accordance with the principles
  3  and procedures specified in s. 411.204, pursuant to a contract
  4  entered into prior to the prototype selection to ensure
  5  integrity of the evaluation design, ongoing monitoring and
  6  periodic review of progress, and a timely, comprehensive
  7  evaluation report.  The evaluation report must include process
  8  and outcome data, and must be submitted to the Governor, the
  9  President of the Senate, the Speaker of the House of
10  Representatives, the department, and appropriate substantive
11  committees and subcommittees of the Legislature within 1 year
12  after startup and annually thereafter for 5 years.  Five years
13  after the prototype juvenile addictions receiving facilities
14  and the independent evaluation are funded and operational, a
15  5-year retrospective report must be submitted on the impact of
16  the addictions receiving facility modality upon treatment
17  outcomes and sustained recovery of the participants.
18         Section 12.  Paragraph (d) of subsection (5) of section
19  411.01, Florida Statutes, is amended to read:
20         411.01  Florida Partnership for School Readiness;
21  school readiness coalitions.--
22         (5)  CREATION OF SCHOOL READINESS COALITIONS.--
23         (d)  Implementation.--
24         1.  The school readiness program is to be phased in.
25  Until the coalition implements its plan, the county shall
26  continue to receive the services identified in subsection (3)
27  through the various agencies that would be responsible for
28  delivering those services under current law.  Plan
29  implementation is subject to approval of the coalition and the
30  plan by the Florida Partnership for School Readiness.
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    SB 1760                                        First Engrossed
  1         2.  Each school readiness coalition shall develop a
  2  plan for implementing the school readiness program to meet the
  3  requirements of this section and the performance standards and
  4  outcome measures established by the partnership. The plan must
  5  include a written description of the role of the program in
  6  the coalition's effort to meet the first state education goal,
  7  readiness to start school, including a description of the plan
  8  to involve the prekindergarten early intervention programs,
  9  Head Start Programs, programs offered by public or private
10  providers of child care, preschool programs for children with
11  disabilities, programs for migrant children, Title I programs,
12  subsidized child care programs, and teen parent programs. The
13  plan must also demonstrate how the program will ensure that
14  each 3-year-old and 4-year-old child in a publicly funded
15  school readiness program receives scheduled activities and
16  instruction designed to prepare children to enter kindergarten
17  ready to learn. Prior to implementation of the program, the
18  school readiness coalition must submit the plan to the
19  partnership for approval.  The partnership may approve the
20  plan, reject the plan, or approve the plan with conditions.
21  The plan shall be reviewed, revised, and approved biennially.
22         3.  The plan for the school readiness program must
23  include the following minimum standards and provisions:
24         a.  A sliding fee scale establishing a copayment for
25  parents based upon their ability to pay, which is the same for
26  all program providers, to be implemented and reflected in each
27  program's budget.
28         b.  A choice of settings and locations in licensed,
29  registered, religious-exempt, or school-based programs to be
30  provided to parents.
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    SB 1760                                        First Engrossed
  1         c.  Instructional staff who have completed the training
  2  course as required in s. 402.305(2)(d)1., as well as staff who
  3  have additional training or credentials as required by the
  4  respective program provider. The plan must provide a method
  5  for assuring the qualifications of all personnel in all
  6  program settings.
  7         d.  Specific eligibility priorities for children within
  8  the coalition's county pursuant to subsection (6).
  9         e.  Performance standards and outcome measures
10  established by the partnership or alternatively, standards and
11  outcome measures to be used until such time as the partnership
12  adopts such standards and outcome measures.
13         f.  Reimbursement rates that have been developed by the
14  coalition.
15         g.  Systems support services, including a central
16  agency, child care resource and referral, eligibility
17  determinations, training of providers, and parent support and
18  involvement.
19         h.  Direct enhancement services to families and
20  children. System support and direct enhancement services shall
21  be in addition to payments for the placement of children in
22  school readiness programs.
23         i.  A business plan, which must include the contract
24  with a school readiness agent if the coalition is not a
25  legally established corporate entity. Coalitions may contract
26  with other coalitions to achieve efficiency in multiple-county
27  services, and such contracts may be part of the coalition's
28  business plan.
29         j.  Strategies to meet the needs of unique populations,
30  such as migrant workers.
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    SB 1760                                        First Engrossed
  1  As part of the plan, the coalition may request the Governor to
  2  apply for a waiver to allow the coalition to administer the
  3  Head Start Program to accomplish the purposes of the school
  4  readiness program.  If any school readiness plan can
  5  demonstrate that specific statutory goals can be achieved more
  6  effectively by using procedures that require modification of
  7  existing rules, policies, or procedures, a request for a
  8  waiver to the partnership may be made as part of the plan.
  9  Upon review, the partnership may grant the proposed
10  modification.
11         4.  Persons with an early childhood teaching
12  certificate may provide support and supervision to other staff
13  in the school readiness program.
14         5.  The coalition may not implement its plan until it
15  submits the plan to and receives approval from the
16  partnership. Once the plan has been approved, the plan and the
17  services provided under the plan shall be controlled by the
18  coalition rather than by the state agencies or departments.
19  The plan shall be reviewed and revised as necessary, but at
20  least biennially.
21         6.  The following statutes will not apply to local
22  coalitions with approved plans: ss. 125.901(2)(a)3.,
23  228.061(1) and (2), 230.2306, 411.204, 411.221, 411.222, and
24  411.232. To facilitate innovative practices and to allow local
25  establishment of school readiness programs, a school readiness
26  coalition may apply to the Governor and Cabinet for a waiver
27  of, and the Governor and Cabinet may waive, any of the
28  provisions of ss. 230.2303, 230.2305, 230.23166, 402.3015,
29  411.223, and 411.232, if the waiver is necessary for
30  implementation of the coalition's school readiness plan.
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    SB 1760                                        First Engrossed
  1         7.  Two or more counties may join for the purpose of
  2  planning and implementing a school readiness program.
  3         8.  A coalition may, subject to approval of the
  4  partnership as part of the coalition's plan, receive
  5  subsidized child care funds for all children eligible for any
  6  federal subsidized child care program and be the provider of
  7  the program services.
  8         9.  Coalitions are authorized to enter into multiparty
  9  contracts with multicounty service providers in order to meet
10  the needs of unique populations such as migrant workers.
11         Section 13.  Section 411.222, Florida Statutes, is
12  amended to read:
13         411.222  State Intraagency and interagency
14  coordination; creation of offices; responsibilities;
15  memorandum of agreement; creation of Coordinating Council for
16  School Readiness Programs; responsibilities.--
17         (1)  DEPARTMENT OF EDUCATION.--There is created within
18  the Department of Education an Office of Prevention, Early
19  Assistance, and Child Development for the purpose of
20  intraagency and interagency planning, policy, and program
21  development and coordination to enhance existing programs and
22  services and to develop new programs and services for
23  high-risk children and their families. The Department of
24  Education, as the designated lead agency for administration of
25  part H of Pub. L. No. 99-457, shall assign primary
26  responsibility for implementation of part H to the Office of
27  Prevention, Early Assistance, and Child Development.
28         (a)  Intraagency responsibilities.--
29         1.  Assure planning, policy, and program coordination
30  in programs serving high-risk children and their families,
31  including, but not limited to:
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    SB 1760                                        First Engrossed
  1         a.  Preschool programs for children of migrant farm
  2  workers.
  3         b.  Preschool programs for handicapped children.
  4         c.  Prekindergarten Early Intervention Program.
  5         d.  Florida First Start Program.
  6         e.  Preschool programs for educationally disadvantaged
  7  children funded through federal funds, such as Head Start and
  8  chapter I of Pub. L. No. 97-35, when applicable.
  9         f.  Programs for teen parents and their children.
10         g.  Programs for preventing sexual activity and teenage
11  pregnancy.
12         h.  Food services for preschool and child care
13  programs.
14         i.  Transportation for programs serving preschool
15  children.
16         j.  Facilities for programs serving preschool children.
17         k.  School volunteer programs serving preschool
18  children.
19         l.  Support services, including social work and school
20  health services for preschool children.
21         m.  Parent education, child care courses, and child
22  care laboratories in high schools and vocational-technical
23  centers.
24         2.  Serve as clearinghouse for the collection and
25  dissemination of information relating to programs and services
26  for high-risk children and their families, including model and
27  exemplary programs that have demonstrated effectiveness and
28  beneficial outcomes.
29         3.  Develop publications, including, but not limited
30  to, directories, newsletters, public awareness documents, and
31
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    SB 1760                                        First Engrossed
  1  other resource materials which assist agencies, programs, and
  2  families in meeting the needs of the high-risk population.
  3         4.  Provide technical assistance at the request of
  4  agencies, programs, and services.
  5         5.  Disseminate information regarding the availability
  6  of federal, state, and private grants which target high-risk
  7  children and their families.
  8         6.  Perform duties relating to the joint strategic plan
  9  as specified in s. 411.221.
10         (b)  Interagency responsibilities.--
11         1.  Perform the joint functions related to the joint
12  strategic plan as specified in s. 411.221.
13         2.  Prepare jointly with the Department of Health and
14  Rehabilitative Services a memorandum of agreement pursuant to
15  this section, or other cooperative agreements necessary to
16  implement the requirements of this chapter.
17         3.  Develop, in collaboration with the Department of
18  Health and Rehabilitative Services, and recommend to the State
19  Board of Education, rules necessary to implement this chapter.
20         4.  Perform the responsibilities enumerated in
21  subparagraphs (a)2.-5. on a statewide basis in conjunction
22  with the Office of Prevention, Early Assistance, and Child
23  Development within the Department of Health and Rehabilitative
24  Services.
25         (2)  DEPARTMENT OF HEALTH AND REHABILITATIVE
26  SERVICES.--There is created within the Department of Health
27  and Rehabilitative Services an Office of Prevention, Early
28  Assistance, and Child Development for the purpose of
29  intraagency and interagency planning, policy, and program
30  development and coordination to enhance existing programs and
31  services and to develop new programs and services for
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    SB 1760                                        First Engrossed
  1  high-risk pregnant women and for high-risk preschool children
  2  and their families.
  3         (a)  Intraagency responsibilities.--
  4         1.  Assure planning, policy, and program coordination
  5  in programs serving high-risk pregnant women and high-risk
  6  preschool children and their families, within the following
  7  offices of the Department of Health and Rehabilitative
  8  Services:
  9         a.  Alcohol, Drug Abuse, and Mental Health.
10         b.  Children's Medical Services.
11         c.  Children, Youth, and Families.
12         d.  Developmental Services.
13         e.  Economic Services.
14         f.  Health.
15         g.  Medicaid.
16         2.  Assure planning, policy, and program coordination
17  in the following interprogram areas:
18         a.  Transportation.
19         b.  Migrant and refugee services.
20         c.  Volunteer services.
21         d.  Child abuse and neglect prevention, early
22  intervention, and treatment.
23         e.  Chapter I of Pub. L. No. 97-35.
24         3.  Ensure, within available resources, the
25  implementation of the continuum of comprehensive services in
26  the service districts.
27         4.  Serve as clearinghouse for the collection and
28  dissemination of information relating to programs and services
29  for high-risk pregnant women and for high-risk preschool
30  children and their families, and programs aimed at preventing
31  sexual activity and teenage pregnancy, including model and
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    SB 1760                                        First Engrossed
  1  exemplary programs that have demonstrated effectiveness and
  2  beneficial outcomes.
  3         5.  Develop publications, including, but not limited
  4  to, directories, newsletters, public awareness documents, and
  5  other resource materials which assist agencies, programs, and
  6  families in meeting the needs of the high-risk population.
  7         6.  Provide technical assistance at the request of
  8  program offices, service districts, providers, advisory
  9  councils, and advocacy groups, and other agencies or entities
10  with which the Department of Health and Rehabilitative
11  Services has contracts or cooperative agreements.
12         7.  Disseminate information regarding the availability
13  of federal, state, and private grants which target teenagers
14  at risk of pregnancy, high-risk pregnant women, and high-risk
15  preschool children and their families.
16         8.  Perform duties relating to the joint strategic plan
17  as specified in s. 411.221.
18         (b)  Interagency responsibilities.--
19         1.  Perform the joint functions related to the joint
20  strategic plan as specified in s. 411.221.
21         2.  Prepare jointly with the Department of Education a
22  memorandum of agreement pursuant to this section, or other
23  cooperative agreements necessary to implement the requirements
24  of this chapter.
25         3.  Develop, in collaboration with the Department of
26  Education, rules necessary to implement this chapter.
27         4.  Perform the responsibilities enumerated in
28  subparagraphs (a)4.-7. on a statewide basis in conjunction
29  with the Office of Prevention, Early Assistance, and Child
30  Development within the Department of Education.
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    SB 1760                                        First Engrossed
  1         5.  Subject to appropriation, develop and implement a
  2  program of parenting workshops to assist and counsel the
  3  parents or guardians of students having disciplinary problems.
  4  These workshops should be made available to all families of
  5  students who have disciplinary problems. The department may
  6  provide these services directly or may enter into contracts
  7  with school districts for the provision of these services.
  8         (3)  MEMORANDUM OF INTERAGENCY AGREEMENT.--The
  9  Commissioner of Education and the Secretary of Health and
10  Rehabilitative Services shall prepare a joint memorandum of
11  interagency agreement to implement the provisions of this
12  chapter, which shall include, but not be limited to, the
13  following:
14         (a)  Designation of staff responsible for interagency
15  and intraagency planning and coordination.
16         (b)  Description of staff roles and responsibilities
17  regarding interagency coordination.
18         (c)  Delineation of the relationships between the
19  departments' respective advisory councils, commissions,
20  committees, and task forces addressing the needs of high-risk
21  children and their families.
22         (d)  Procedures for conflict resolution.
23         (e)  Procedures for reviewing, amending, and renewing
24  the memorandum of interagency agreement.
25         (f)  Procedures for interagency evaluation
26  coordination.
27         (4)  STATE COORDINATING COUNCIL FOR SCHOOL READINESS
28  PROGRAMS.--
29         (1)(a)  CREATION; INTENT Creation; intent.--The State
30  Coordinating Council for School Readiness Programs is
31  established to ensure coordination among the programs that
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    SB 1760                                        First Engrossed
  1  serve preschool children in order to support the first state
  2  education goal, readiness to start school; to facilitate
  3  communication, cooperation, and the maximum use of resources;
  4  and to promote high standards for all programs that serve
  5  preschool children in this state. It is the intent of the
  6  Legislature that the coordinating council be an independent
  7  nonpartisan body and not be identified or affiliated with any
  8  one agency, program, or group.
  9         (2)(b)  MEMBERSHIP Membership.--The council shall be
10  composed of the following 15 members:
11         (a)1.  The seven current members of the 1998-1999 State
12  Coordinating Council Executive Committee.
13         (b)2.  Eight additional members, appointed by the
14  executive committee, including a representative of each of the
15  following:  subsidized child care programs; prekindergarten
16  early intervention programs; Head Start programs; health care
17  programs; private providers; faith-based providers; programs
18  for children with disabilities; and parents of preschool
19  children.
20         (3)(c)  TERM Term.--The State Coordinating Council for
21  School Readiness Programs shall terminate on July 1, 2002.
22         (4)(d)  ORGANIZATION Organization.--
23         (a)1.  The council shall adopt internal organizational
24  procedures or bylaws necessary for the efficient operation of
25  the council. The council may establish committees that are
26  responsible for conducting specific council programs and
27  activities.
28         (b)2.  The council shall have a budget and be financed
29  through an annual appropriation made for this purpose in the
30  General Appropriations Act. Council members are entitled to
31  reimbursement for per diem and travel expenses as provided in
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    SB 1760                                        First Engrossed
  1  s. 112.061 while carrying out official business of the
  2  council. When appropriate, parent representatives shall
  3  receive a stipend for child care costs incurred while
  4  attending council meetings. For administrative purposes only,
  5  the council is assigned to the Florida Partnership for School
  6  Readiness.
  7         (c)3.  The coordinating council shall hold quarterly
  8  meetings that are open to the public, and the public shall be
  9  given the opportunity to comment at each such meeting. The
10  coordinating council shall notify persons of the date, time,
11  and place of each quarterly meeting upon request.
12         (5)(e)  DUTIES Duties.--The coordinating council shall
13  recommend to the Florida Partnership for School Readiness
14  methods for coordinating public and private school readiness
15  programs and procedures to facilitate communication,
16  cooperation, and the maximum use of resources to achieve the
17  first state education goal, readiness to start school. In
18  addition, the council shall:
19         (a)1.  Advise the Florida Partnership for School
20  Readiness concerning criteria for grant proposal guidelines,
21  the review of plans and proposals, and eligibility for
22  services of school readiness programs.
23         (b)2.  Recommend to the Florida Partnership for School
24  Readiness methods to increase the involvement of public and
25  private partnerships in school readiness programs in order to
26  maximize the availability of federal funds and to effectively
27  use available resources through cooperative funding and
28  coordinated services.
29         (6)(f)  REPORTING REQUIREMENTS Reporting
30  requirements.--The coordinating council shall submit its final
31
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    SB 1760                                        First Engrossed
  1  report to the Florida Partnership for School Readiness by July
  2  1, 2002.
  3         Section 14.  Paragraph (a) of subsection (8) of section
  4  230.2303, Florida Statutes, is amended to read:
  5         230.2303  Florida First Start Program.--
  6         (8)  COORDINATION.--
  7         (a)  The Florida First Start Program shall be included
  8  under the jurisdiction of the State Coordinating Council for
  9  School Readiness Programs Early Childhood Services established
10  pursuant to s. 411.222.  The council shall make
11  recommendations for effective implementation of the program
12  and shall advise the Department of Education on needed
13  legislation, rules, and technical assistance to ensure the
14  continued implementation of an effective program.
15         Section 15.  Paragraph (b) of subsection (1) and
16  subsection (2) of section 383.14, Florida Statutes, are
17  amended to read:
18         383.14  Screening for metabolic disorders, other
19  hereditary and congenital disorders, and environmental risk
20  factors.--
21         (1)  SCREENING REQUIREMENTS.--To help ensure access to
22  the maternal and child health care system, the Department of
23  Health shall promote the screening of all infants born in
24  Florida for phenylketonuria and other metabolic, hereditary,
25  and congenital disorders known to result in significant
26  impairment of health or intellect, as screening programs
27  accepted by current medical practice become available and
28  practical in the judgment of the department.  The department
29  shall also promote the identification and screening of all
30  infants born in this state and their families for
31  environmental risk factors such as low income, poor education,
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    SB 1760                                        First Engrossed
  1  maternal and family stress, emotional instability, substance
  2  abuse, and other high-risk conditions associated with
  3  increased risk of infant mortality and morbidity to provide
  4  early intervention, remediation, and prevention services,
  5  including, but not limited to, parent support and training
  6  programs, home visitation, and case management.
  7  Identification, perinatal screening, and intervention efforts
  8  shall begin prior to and immediately following the birth of
  9  the child by the attending health care provider.  Such efforts
10  shall be conducted in hospitals, perinatal centers, county
11  health departments, school health programs that provide
12  prenatal care, and birthing centers, and reported to the
13  Office of Vital Statistics.
14         (b)  Postnatal screening.--A risk factor analysis using
15  the department's designated risk assessment instrument shall
16  also be conducted as part of the medical screening process
17  upon the birth of a child and submitted to the department's
18  Office of Vital Statistics for recording and other purposes
19  provided for in this chapter.  The department's screening
20  process for risk assessment shall include a scoring mechanism
21  and procedures that establish thresholds for notification,
22  further assessment, referral, and eligibility for services by
23  professionals or paraprofessionals consistent with the level
24  of risk. Procedures for developing and using the screening
25  instrument, notification, referral, and care coordination
26  services, reporting requirements, management information, and
27  maintenance of a computer-driven registry in the Office of
28  Vital Statistics which ensures privacy safeguards must be
29  consistent with the provisions and plans established under
30  chapter 411, Pub. L. No. 99-457, and this chapter.  Procedures
31  established for reporting information and maintaining a
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    SB 1760                                        First Engrossed
  1  confidential registry must include a mechanism for a
  2  centralized information depository at the state and county
  3  levels.  The department shall coordinate with existing risk
  4  assessment systems and information registries.  The department
  5  must ensure, to the maximum extent possible, that the
  6  screening information registry is integrated with the
  7  department's automated data systems, including the Florida
  8  On-line Recipient Integrated Data Access (FLORIDA) system.
  9  Tests and screenings must be performed at such times and in
10  such manner as is prescribed by the department after
11  consultation with the Genetics and Infant Screening Advisory
12  Council and the State Coordinating Council for School
13  Readiness Programs Early Childhood Services.
14         (2)  RULES.--After consultation with the Genetics and
15  Infant Screening Advisory Council, the department shall adopt
16  and enforce rules requiring that every infant born in this
17  state shall, prior to becoming 2 weeks of age, be subjected to
18  a test for phenylketonuria and, at the appropriate age, be
19  tested for such other metabolic diseases and hereditary or
20  congenital disorders as the department may deem necessary from
21  time to time. After consultation with the State Coordinating
22  Council for School Readiness Programs Early Childhood
23  Services, the department shall also adopt and enforce rules
24  requiring every infant born in this state to be screened for
25  environmental risk factors that place children and their
26  families at risk for increased morbidity, mortality, and other
27  negative outcomes.  The department shall adopt such additional
28  rules as are found necessary for the administration of this
29  section, including rules relating to the methods used and time
30  or times for testing as accepted medical practice indicates,
31  rules relating to charging and collecting fees for screenings
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    SB 1760                                        First Engrossed
  1  authorized by this section, and rules requiring mandatory
  2  reporting of the results of tests and screenings for these
  3  conditions to the department.
  4         Section 16.  Paragraph (a) of subsection (1) of section
  5  391.304, Florida Statutes, is amended to read:
  6         391.304  Program coordination.--
  7         (1)  The Department of Health shall:
  8         (a)  Coordinate with the Department of Education, the
  9  Florida Interagency Coordinating Council for Infants and
10  Toddlers, and the State Coordinating Council for School
11  Readiness Programs Early Childhood Services in planning and
12  administering ss. 391.301-391.307. This coordination shall be
13  in accordance with s. 411.222.
14         Section 17.  Subsection (3) of section 402.281, Florida
15  Statutes, is amended to read:
16         402.281  Gold Seal Quality Care program.--
17         (3)  In developing the Gold Seal Quality Care program
18  standards, the department shall consult with the Department of
19  Education, the Florida Head Start Directors Association, the
20  Florida Association of Child Care Management, the Florida
21  Family Day Care Association, the Florida Children's Forum, the
22  State Coordinating Council for School Readiness Programs Early
23  Childhood Services, the Early Childhood Association of
24  Florida, the National Association for Child Development
25  Education, providers receiving exemptions under s. 402.316,
26  and parents, for the purpose of approving the accrediting
27  associations.
28         Section 18.  Paragraph (d) of subsection (2) and
29  subsection (18) of section 402.305, Florida Statutes, are
30  amended to read:
31         402.305  Licensing standards; child care facilities.--
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    SB 1760                                        First Engrossed
  1         (2)  PERSONNEL.--Minimum standards for child care
  2  personnel shall include minimum requirements as to:
  3         (d)  Minimum training requirements for child care
  4  personnel.
  5         1.  Such minimum standards for training shall ensure
  6  that all child care personnel and operators of family day care
  7  homes serving at-risk children in a subsidized child care
  8  program pursuant to s. 402.3015 take an approved 40-clock-hour
  9  introductory course in child care, which course covers at
10  least the following topic areas:
11         a.  State and local rules and regulations which govern
12  child care.
13         b.  Health, safety, and nutrition.
14         c.  Identifying and reporting child abuse and neglect.
15         d.  Child development, including typical and atypical
16  language, cognitive, motor, social, and self-help skills
17  development.
18         e.  Observation of developmental behaviors, including
19  using a checklist or other similar observation tools and
20  techniques to determine the child's developmental age level.
21         f.  Specialized areas, as determined by the department,
22  for owner-operators and child care personnel of a child care
23  facility.
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25  Within 90 days of employment, child care personnel shall begin
26  training to meet the training requirements and shall complete
27  such training within 1 year of the date on which the training
28  began.  Exemption from all or a portion of the required
29  training shall be granted to child care personnel based upon
30  educational credentials or passage of competency examinations.
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    SB 1760                                        First Engrossed
  1         2.  The introductory course in child care shall stress,
  2  to the extent possible, an interdisciplinary approach to the
  3  study of children.
  4         3.  On an annual basis in order to further their child
  5  care skills and, if appropriate, administrative skills, child
  6  care personnel who have fulfilled the requirements for the
  7  child care training shall be required to take an additional
  8  approved 8 clock hours of inservice training or an equivalent
  9  as determined by the department.
10         4.  Procedures for ensuring the training of qualified
11  child care professionals to provide training of child care
12  personnel, including onsite training, shall be included in the
13  minimum standards.  It is recommended that the state community
14  child care coordination agencies (central agencies) be
15  contracted by the department to coordinate such training when
16  possible. Other district educational resources, such as
17  community colleges and vocational-technical programs, can be
18  designated in such areas where central agencies may not exist
19  or are determined not to have the capability to meet the
20  coordination requirements set forth by the department.
21         5.  Training requirements shall not apply to certain
22  occasional or part-time support staff, including, but not
23  limited to, swimming instructors, piano teachers, dance
24  instructors, and gymnastics instructors.
25         6.  The State Coordinating Council for School Readiness
26  Programs Early Childhood Services, in coordination with the
27  department, shall evaluate or contract for an evaluation for
28  the general purpose of determining the status of and means to
29  improve staff training requirements and testing procedures.
30  The evaluation shall be completed by October 1, 1992, and
31  conducted every 2 years thereafter.  The evaluation shall
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    SB 1760                                        First Engrossed
  1  include, but not be limited to, determining the availability,
  2  quality, scope, and sources of current staff training;
  3  determining the need for specialty training; and determining
  4  ways to increase inservice training and ways to increase the
  5  accessibility, quality, and cost-effectiveness of current and
  6  proposed staff training. The evaluation methodology shall
  7  include a reliable and valid survey of child care personnel.
  8         7.  The child care operator shall be required to take
  9  basic training in serving children with disabilities within 5
10  years after employment, either as a part of the introductory
11  training or the annual 8 hours of inservice training.
12         (18)  CHILD CARE TECHNICAL REVIEW PANEL.--There is
13  hereby created a child care technical review panel, appointed
14  by the Chair of the State Coordinating Council for School
15  Readiness Programs Early Childhood Services, established by s.
16  411.222, to develop recommendations for inclusion, unedited,
17  in the State Coordinating Council for School Readiness
18  Programs Early Childhood Services annual report as required by
19  s. 411.222(6)(4)(f), and provide technical assistance to the
20  department for the adoption of rules for licensing child care
21  facilities in accordance with the minimum standards
22  established in this section. The review panel must consist of
23  seven members, five of whom must be:
24         (a)  An owner or operator of a subsidized child care
25  facility;
26         (b)  An owner or operator of a proprietary child care
27  facility;
28         (c)  An owner or operator of a licensed church child
29  care facility;
30         (d)  A child care provider that has attained a child
31  development associate credential; and
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    SB 1760                                        First Engrossed
  1         (e)  A child care provider that has attained a child
  2  care professional credential.
  3
  4  The initial technical review panel members shall must be
  5  appointed by October 1, 1992, for a term of 3 years each.  No
  6  member shall serve more than two consecutive terms.
  7         Section 19.  Paragraph (b) of subsection (1) of section
  8  402.3052, Florida Statutes, is amended to read:
  9         402.3052  Child development associate training grants
10  program.--
11         (1)  There is hereby created the child development
12  associate training grants program within the department.
13         (b)  The State Coordinating Council for School
14  Readiness Programs Early Childhood Services shall serve in an
15  advisory capacity to the department in the implementation of
16  the training program.
17         Section 20.  Subsections (6) and (8) of section 402.45,
18  Florida Statutes, are amended to read:
19         402.45  Community resource mother or father program.--
20         (6)  The community resource mother or father program
21  shall be included under the jurisdiction of the State
22  Coordinating Council for School Readiness Programs Early
23  Childhood Services established pursuant to s. 411.222.  The
24  council shall make recommendations for effective
25  implementation of the program and shall advise the Department
26  of Health in the development of program guidelines, the
27  schedule for implementation, the establishment of evaluation
28  procedures, the provision of technical assistance to
29  individual programs, and the development of the program
30  evaluation report.
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    SB 1760                                        First Engrossed
  1         (8)  Individuals under contract to provide community
  2  resource mother or father services shall participate in
  3  preservice and ongoing training as determined by the
  4  Department of Health in consultation with the State
  5  Coordinating Council for School Readiness Programs Early
  6  Childhood Services. A community resource mother or father
  7  shall not be assigned a client caseload until all preservice
  8  training requirements are completed.
  9         Section 21.  Paragraph (d) of subsection (2) of section
10  402.47, Florida Statutes, is amended to read:
11         402.47  Foster grandparent and retired senior volunteer
12  services to high-risk and handicapped children.--
13         (2)  The Department of Health and Rehabilitative
14  Services shall:
15         (d)  Coordinate with the Federal Action State Office
16  and the department's Office of Prevention, Early Assistance,
17  and Child Development regarding the development of criteria
18  for program elements and funding.
19         Section 22.  Section 411.221, Florida Statutes, is
20  amended to read:
21         411.221  Prevention and early assistance strategic
22  plan; agency responsibilities.--
23         (1)  The Department of Health and Rehabilitative
24  Services and the Department of Education shall prepare a joint
25  strategic plan relating to prevention and early assistance,
26  which shall include, but not be limited to, the following:
27         (a)  Identification of the department which has the
28  responsibility for each program area described in the
29  continuum.
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    SB 1760                                        First Engrossed
  1         (b)  Identification of the unit within each department
  2  which has responsibility for each program area described in
  3  the continuum.
  4         (c)  Identification of the unit which has
  5  responsibility for coordination, monitoring, and
  6  implementation, as described in subsection (4).
  7         (c)(d)  Identification of existing continuum programs
  8  on an intraagency and interagency basis.
  9         (d)(e)  Identification of strategies for coordination
10  of services on both an intraagency and interagency basis and a
11  description of the progress of implementation of strategies.
12         (e)(f)  Identification of strategies for reducing
13  duplication of services on both an intraagency and interagency
14  basis and a description of progress of those strategies in
15  reduction of duplication.
16         (f)(g)  Identification of activities for coordination
17  and integration of prevention and early assistance services
18  with state agencies other than the Department of Education or
19  the Department of Health and Rehabilitative Services.
20         (g)(h)  Identification of activities for coordination
21  and integration of prevention and early assistance services at
22  the district and local levels and strategies for public and
23  private partnerships in the provision of the continuum of
24  services.
25         (h)(i)  Recommendations for implementation of the
26  continuum of comprehensive services, including, but not
27  limited to, the schedule for implementation of components.
28         (i)(j)  Identification of barriers impacting
29  implementation of components of the continuum of services.
30         (j)(k)  Proposed changes to the continuum of services.
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    SB 1760                                        First Engrossed
  1         (k)(l)  Identification of methods of comparing program
  2  and child and family outcomes and identification of
  3  standardized reporting procedures to enhance data collection
  4  and analysis on an intraagency and interagency basis.
  5         (l)(m)  Recommendations, if any, for legislative,
  6  administrative, or budgetary changes. Budgetary changes shall
  7  include recommendations regarding the development by the
  8  Department of Health and Rehabilitative Services and the
  9  Department of Education of a unified program budget for all
10  prevention and early assistance services to high-risk pregnant
11  women and to high-risk preschool children and their families.
12  Such budget recommendations shall be consistent with the goals
13  of the joint strategic plan and with the continuum of
14  comprehensive services.
15         (2)  The strategic plan and subsequent plan revisions
16  shall incorporate and otherwise utilize, to the fullest extent
17  possible, the evaluation findings and recommendations from
18  intraagency, independent third-party, field projects, and
19  auditor general evaluations, as well as the recommendations of
20  the State Coordinating Council for School Readiness Programs
21  Early Childhood Services.
22         (3)  The Department of Health and Rehabilitative
23  Services and the Department of Education shall present the
24  joint strategic plan as described in this section to the
25  President of the Senate, the Speaker of the House of
26  Representatives, and the Governor by January 1, 1991.  At
27  least biennially, the Department of Health and Rehabilitative
28  Services and the Department of Education shall readdress the
29  joint strategic plan submitted pursuant to this section and
30  make necessary revisions.  The revised plan shall be submitted
31  to the Governor, the Speaker of the House of Representatives,
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    SB 1760                                        First Engrossed
  1  and the President of the Senate no later than January 1, 1993,
  2  and by January 1 of each odd-numbered year alternate years
  3  thereafter.
  4         (4)  The Department of Health and Rehabilitative
  5  Services and the Department of Education shall establish an
  6  Office of Prevention, Early Assistance, and Child Development,
  7  pursuant to s. 411.222, within each respective department.
  8  Each office shall have intraagency responsibilities for
  9  developing the strategic plan and for coordinating and ongoing
10  monitoring of the implementation of the continuum.
11  Interagency responsibilities shall include coordination in the
12  analysis and implementation of the continuum.
13         (4)(5)  There is established an interagency
14  coordinating council to advise the Department of Health and
15  Rehabilitative Services, the Department of Education, and
16  other state agencies in the development of the joint strategic
17  plan and to monitor the development of the plan. For the
18  purpose of carrying out its responsibilities, the interagency
19  coordinating council shall have access to statistical
20  information, budget documents, and workpapers developed by the
21  Department of Health and Rehabilitative Services and the
22  Department of Education in preparing the joint strategic plan.
23  The interagency coordinating council shall advise the
24  appropriate substantive committees of the Senate and House of
25  Representatives, and the Office of the Governor, on the
26  progress of activities required in this chapter.
27         Section 23.  Subsections (4) and (5) of section
28  411.232, Florida Statutes, are repealed.
29         Section 24.  Subsection (10) of section 414.38, Florida
30  Statutes, is repealed.
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    SB 1760                                        First Engrossed
  1         Section 25.  Subsection (5) of section 414.70, Florida
  2  Statutes, is amended to read:
  3         414.70  Drug-testing and drug-screening program;
  4  procedures.--
  5         (5)  EVALUATION EVALUATIONS AND RECOMMENDATIONS.--
  6         (a)  The Department of Children and Family Services, in
  7  conjunction with the local WAGES coalitions in service areas 3
  8  and 8, shall conduct a comprehensive evaluation of the
  9  demonstration projects operated under this act. By January 1,
10  2000, the department, in conjunction with the local WAGES
11  coalitions involved, shall report to the WAGES Program State
12  Board of Directors and to the Legislature on the status of the
13  initial implementation of the demonstration projects and shall
14  specifically describe the problems encountered and the funds
15  expended during the first year of operation.
16         (b)  By January 1, 2001, the department, in conjunction
17  with the local WAGES coalitions in service areas 3 and 8
18  involved, shall provide a comprehensive evaluation to the
19  WAGES Program State Board of Directors and to the Legislature,
20  which must include:
21         (a)1.  The impact of the drug-screening and
22  drug-testing program on employability, job placement, job
23  retention, and salary levels of program participants.
24         (b)2.  Recommendations, based in part on a cost and
25  benefit analysis, as to the feasibility of expanding the
26  program to other local WAGES service areas, including specific
27  recommendations for implementing such expansion of the
28  program.
29         Section 26.  Section 28 of chapter 96-403, Laws of
30  Florida, is repealed.
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    SB 1760                                        First Engrossed
  1         Section 27.  This act shall take effect upon becoming a
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