Senate Bill 2088er

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  2         An act relating to school readiness; amending

  3         s. 411.01, F.S.; revising the composition of

  4         the Florida Partnership for School Readiness;

  5         revising the membership of school readiness

  6         coalitions; providing sovereign immunity for

  7         school readiness coalitions; changing

  8         terminology relating to payment; amending s.

  9         230.2305, F.S.; revising funding for

10         prekindergarten early intervention programs;

11         authorizing the Governor at the request of the

12         Florida Partnership for School Readiness to

13         request approval of the Administration

14         Commission for transfer of funds by the

15         Department of Children and Family Services and

16         the Department of Education to the partnership

17         for school readiness programs; providing a

18         qualification for school readiness coalitions

19         to receive an increase in such funds; providing

20         that specified positions be co-located within

21         the office of the Florida Partnership for

22         School Readiness not later than July 1, 2000;

23         requiring an interagency agreement to guide

24         implementation; providing for discontinuation

25         of state funding for the State Coordinating

26         Council for School Readiness Services;

27         repealing s. 402.3015(6)(a), F.S., which

28         requires competitive bids for community child

29         care coordinating agencies; providing an

30         effective date.

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    2000 Legislature                                CS for SB 2088



  1  Be It Enacted by the Legislature of the State of Florida:

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  3         Section 1.  Paragraph (b) of subsection (4) and

  4  paragraphs (a) and (e) of subsection (5) of section 411.01,

  5  Florida Statutes, are amended to read:

  6         411.01  Florida Partnership for School Readiness;

  7  school readiness coalitions.--

  8         (4)  FLORIDA PARTNERSHIP FOR SCHOOL READINESS.--

  9         (b)1.  The Florida Partnership for School Readiness

10  shall include the Lieutenant Governor or his or her designee,

11  the Commissioner of Education, the Secretary of Children and

12  Family Services, and the Secretary of Health, or their

13  designees, and the chair of the Child Care Executive

14  Partnership Board, and the chairperson of the WAGES Program

15  State Board of Directors of Workforce Florida, Inc. When the

16  Lieutenant Governor or an agency head appoints a designee, the

17  designee must be an individual who attends consistently, and,

18  in the event that the Lieutenant Governor or agency head and

19  his or her designee both attend a meeting, only one of them

20  may vote.

21         2.  The partnership shall also include 10 members of

22  the public who shall be business, community, and civic leaders

23  in the state who are not elected to public office. These

24  members and their families must not be providers in the early

25  education and child care industry. The members must be

26  geographically and demographically representative of the

27  state. Each member shall be appointed by the Governor. Eight

28  of the members shall be appointed from a list of 10 nominees,

29  of which five must be submitted by the President of the Senate

30  and five must be submitted by the Speaker of the House of

31  Representatives. Members shall be appointed to 4-year terms of


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    2000 Legislature                                CS for SB 2088



  1  office. However, of the initial appointees, two shall be

  2  appointed to 1-year terms, two shall be appointed to 2-year

  3  terms, three shall be appointed to 3-year terms, and three

  4  shall be appointed to 4-year terms. The members of the

  5  partnership shall elect a chairperson annually from the

  6  nongovernmental members of the partnership. Any vacancy on the

  7  partnership shall be filled in the same manner as the original

  8  appointment.

  9         (5)  CREATION OF SCHOOL READINESS COALITIONS.--

10         (a)  School readiness coalitions.--

11         1.  If a coalition's plan would serve less than 400

12  birth-to-kindergarten age children, the coalition must either

13  join with another county to form a multicounty coalition,

14  enter an agreement with a fiscal agent to serve more than one

15  coalition, or demonstrate to the partnership its ability to

16  effectively and efficiently implement its plan as a

17  single-county coalition and meet all required performance

18  standards and outcome measures.

19         2.  Each coalition shall have at least 18 but not more

20  than 25 members and such members must include the following:

21         a.  A Department of Children and Family Services

22  district administrator or his or her designee who is

23  authorized to make decisions on behalf of the department.

24         b.  A district superintendent of schools or his or her

25  designee who is authorized to make decisions on behalf of the

26  district.

27         c.  A regional workforce development board chair or

28  director, where applicable.

29         d.  A county health department director or his or her

30  designee.

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  1         e.  A children's services council or juvenile welfare

  2  board chair or executive director, if applicable.

  3         f.  A child care licensing agency head.

  4         g.  One member appointed by a Department of Children

  5  and Family Services district administrator.

  6         h.  One member appointed by a board of county

  7  commissioners.

  8         i.  One member appointed by a district school board.

  9         j.  A central child care agency administrator.

10         k.  A Head Start director.

11         l.  A representative of private child care providers.

12         m.  A representative of faith-based child care

13  providers.

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15  More than one-third of the coalition members must be from the

16  private sector, and neither they nor their families may earn

17  an income from the early education and child care industry. To

18  meet this requirement a coalition must appoint additional

19  members from a list of nominees presented to the coalition by

20  a chamber of commerce or economic development council within

21  the geographic area of the coalition.

22         3.  No member of a coalition may appoint a designee to

23  act in his or her place. A member may send a representative to

24  coalition meetings, but that representative will have no

25  voting privileges. When a district superintendent of schools

26  or a district administrator for the Department of Children and

27  Family Services appoints a designee to a school readiness

28  coalition, the designee will be the voting member of the

29  coalition, and any individual attending in his or her place,

30  including the district administrator or superintendent, will

31  have no voting privileges.


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  1         4.  The school readiness coalition shall replace the

  2  district interagency coordinating council required under s.

  3  230.2305.

  4         5.  Members of the coalition are subject to the ethics

  5  provisions in part III of chapter 112.

  6         6.  For the purposes of tort liability, the members of

  7  the school readiness coalition and its employees shall be

  8  governed by s. 768.28.

  9         7.6.  Multicounty coalitions shall include

10  representation from each county.

11         8.7.  The terms of all appointed members of the

12  coalition must be staggered. Appointed members may serve a

13  maximum of two terms. When a vacancy occurs in an appointed

14  position, the coalition must advertise the vacancy.

15         (e)  Requests for proposals; payment schedule.

16  Reimbursement rate.--

17         1.  At least once every 3 years, beginning July 1,

18  2001, each coalition must follow the competitive procurement

19  requirements of s. 287.057 for school readiness programs.

20         2.  Each coalition shall develop a payment

21  reimbursement rate schedule that encompasses all programs

22  funded by that coalition.  The payment reimbursement rate

23  schedule must take into consideration the relevant market

24  rate, must include the projected number of children to be

25  served, and must be submitted to the partnership for

26  information. Informal child care arrangements shall be

27  reimbursed at not more than 50 percent of the rate developed

28  for family childcare.

29         Section 2.  Subsection (6) of section 230.2305, Florida

30  Statutes, is amended to read:

31         230.2305  Prekindergarten early intervention program.--


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  1         (6)  FUNDING.--

  2         (a)  This section shall be implemented only to the

  3  extent that funding is available.  State funds appropriated

  4  for the prekindergarten early intervention program may not be

  5  used for the construction of new facilities, the

  6  transportation of students, or the purchase of buses, but may

  7  be used for educational field trips which enhance the

  8  curriculum.

  9         1.  At least 70 percent of the total funds allocated to

10  each school readiness coalition district under this section

11  must be used for implementing and conducting a prekindergarten

12  early intervention program or contracting with other public or

13  nonpublic entities for programs to serve eligible children.

14  The maximum amount to be spent per child for this purpose is

15  to be designated annually by the Florida Partnership for

16  School Readiness in the General Appropriations Act.

17         2.  No more than 30 percent of the funds allocated to

18  each school readiness coalition under district pursuant to

19  this section may be used to enhance existing public and

20  nonpublic programs for eligible children, to provide

21  before-school and after-school care for children served under

22  this section, to remodel or renovate existing facilities under

23  chapter 235, to lease or lease-purchase facilities, to

24  purchase classroom equipment to allow the implementation of

25  the prekindergarten early intervention program, and to provide

26  training for program teachers and administrative personnel

27  employed by the school district and by agencies with which the

28  school district contracts for the provision of prekindergarten

29  services.

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  1         3.  Funds may also be used pursuant to subparagraphs 1.

  2  and 2. to provide the prekindergarten early intervention

  3  program for more than 180 school days.

  4         (b)  A minimum grant for each school readiness

  5  coalition district is to be determined annually by the Florida

  6  Partnership for School Readiness in the General Appropriations

  7  Act. The funds remaining after allocating the minimum grants

  8  must be prorated based on an allocation factor for each

  9  coalition district and must be added to each coalition's

10  district's minimum grant. The allocation factor is to be

11  calculated as follows:

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13  Coalition District             School district

14  percentage of state  x  1/4   +percentage           x  3/4

15  3-year-old and                 of state total free

16  4-year-old children            lunches served

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18  The calculation of each coalition's district's allocation

19  factor is to be based upon the official estimate of the total

20  number of 3-year-old and 4-year-old children by the school

21  district or districts in the coalition's service area and the

22  official record of the Department of Education for K-12

23  student total free lunches served by the school district for

24  the prior fiscal year. For the fiscal year beginning July 1,

25  2000, nothing in this section shall be construed to limit the

26  Department of Education's authority to distribute funds under

27  this program to local school districts if the local school

28  district is authorized by the local school readiness coalition

29  plan to be the provider.

30         Section 3.  Notwithstanding section 411.01(5)(g)5. and

31  (9)(d), Florida Statutes, for fiscal year 2000-2001, the


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  1  Governor, at the request of the Florida Partnership for School

  2  Readiness and subject to notice and review procedures set

  3  forth in section 216.177, Florida Statutes, shall request

  4  approval of the Administration Commission for transfer of

  5  funds from the Department of Children and Family Services and

  6  the Department of Education to the partnership for school

  7  readiness programs. No school readiness coalition may receive

  8  any increase in such funds unless its plan has been

  9  conditionally approved by the partnership. For coalitions

10  whose plans have been conditionally approved, any increase in

11  funds shall be used only to increase the number of children

12  served. School readiness coalitions whose plans have been

13  fully approved by the partnership may use up to 5 percent of

14  their total allocation for any purpose other than increasing

15  the number of children served, as authorized by the

16  partnership.

17         Section 4.  Positions currently assigned to the

18  subsidized child care program in the Department of Children

19  and Family Services and to the Prekindergarten Early

20  Intervention program in the Department of Education which are

21  recommended by the Florida Partnership for School Readiness

22  and approved by the Executive Office of the Governor shall be

23  physically co-located within the office of the Florida

24  Partnership for School Readiness not later than July 1, 2000.

25  Prior to July 1, 2000, the Secretary of Children and Family

26  Services, the Commissioner of Education, and the chairman of

27  the Partnership for School Readiness shall sign an interagency

28  agreement to guide implementation of the co-location required

29  by this section.

30         Section 5.  Effective July 1, 2000, no state funding

31  shall be provided to support activities of the State


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    2000 Legislature                                CS for SB 2088



  1  Coordinating Council for School Readiness Services established

  2  pursuant to section 411.222(4), Florida Statutes.

  3         Section 6.  Paragraph (a)  of subsection (6) of section

  4  402.3015, Florida Statutes, is repealed.

  5         Section 7.  This act shall take effect upon becoming a

  6  law.

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