House Bill 4039

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    Florida House of Representatives - 2000                HB 4039

        By the Committee on Rules & Calendar and Representative
    Arnall





  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  3         repealed provisions of law; repealing various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  6         purpose, or have been impliedly repealed or

  7         superseded; repealing s. 397.821, F.S.,

  8         relating to juvenile substance abuse impairment

  9         prevention and early intervention councils;

10         repealing s. 397.94(2) and (3)(a), F.S.,

11         relating to plans for implementation of the

12         children's substance abuse information and

13         referral network and integration thereof with

14         the child and adolescent mental health

15         information and referral network; repealing s.

16         402.175, F.S., relating to the umbrella trust

17         fund for developmentally disabled and mentally

18         ill persons; repealing s. 402.3058, F.S.,

19         relating to exemption from fingerprinting

20         requirements for summer camp personnel, the

21         provisions of which are published elsewhere in

22         statutes; repealing s. 402.33(10)(a), F.S.,

23         relating to review by the Department of

24         Children and Family Services and the Department

25         of Health of services provided to clients to

26         ensure that fees assessed therefor conform to

27         law; repealing s. 402.72(3), F.S., relating to

28         evaluation of and a report to the Legislature

29         on the effectiveness and efficiency of

30         contracting functions in each service district

31         of the Department of Children and Family

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  1         Services; repealing s. 409.152(7), F.S.,

  2         relating to annual reporting on plans and

  3         programs relating to service integration and

  4         family preservation; repealing ss.

  5         409.501-409.506, F.S., relating to the Florida

  6         Financial Assistance for Community Services Act

  7         of 1974; amending s. 430.204, F.S.; deleting a

  8         reference, to conform; amending s. 409.942,

  9         F.S.; deleting provisions relating to the pilot

10         portion of the electronic benefit transfer

11         program of the Department of Children and

12         Family Services; repealing s. 411.204, F.S.,

13         relating to handicap prevention and early

14         childhood assistance program evaluation design

15         and conduct and independent third-party

16         evaluation; amending ss. 397.901 and 411.01,

17         F.S.; revising cross references, to conform;

18         amending s. 411.222, F.S.; deleting provisions

19         relating to intraagency and interagency

20         coordination through the Office of Prevention,

21         Early Assistance, and Child Development of the

22         Department of Education and of the former

23         Department of Health and Rehabilitative

24         Services; amending ss. 230.2303, 383.14,

25         391.304, 402.281, 402.305, 402.3052, 402.45,

26         402.47, and 411.221, F.S.; revising references,

27         to conform; repealing s. 411.232(4) and (5),

28         F.S., relating to implementation and evaluation

29         of the Children's Early Investment Program;

30         repealing s. 414.35, F.S., relating to adoption

31         of rules by the Department of Children and

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  1         Family Services for administration of emergency

  2         assistance programs delegated to the

  3         department; repealing s. 414.38(10), F.S.,

  4         relating to an evaluation of the local work

  5         experience and job training pilot program for

  6         noncustodial parents; amending s. 414.70, F.S.;

  7         deleting obsolete provisions relating to an

  8         evaluation of certain drug-testing and

  9         drug-screening demonstration projects;

10         repealing s. 28, ch. 96-403, Laws of Florida;

11         terminating the Board of Regents task force

12         that examined and reported on the optimal

13         organizational structure for the delivery of

14         social services; providing an effective date.

15

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

17

18         Section 1.  Section 397.821, Florida Statutes, is

19  repealed.

20         Section 2.  Subsection (2) and paragraph (a) of

21  subsection (3) of section 397.94, Florida Statutes, are

22  repealed.

23         Section 3.  Section 402.175, Florida Statutes, is

24  repealed.

25         Section 4.  Section 402.3058, Florida Statutes, is

26  repealed.

27         Section 5.  Paragraph (a) of subsection (10) of section

28  402.33, Florida Statutes, is repealed.

29         Section 6.  Subsection (3) of section 402.72, Florida

30  Statutes, is repealed.

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  1         Section 7.  Subsection (7) of section 409.152, Florida

  2  Statutes, is repealed.

  3         Section 8.  Sections 409.501, 409.502, 409.503,

  4  409.504, 409.505, and 409.506, Florida Statutes, are repealed.

  5         Section 9.  Subsection (6) of section 430.204, Florida

  6  Statutes, is amended to read:

  7         430.204  Community-care-for-the-elderly core services;

  8  departmental powers and duties.--

  9         (6)  When possible, services shall be obtained under:

10         (a)  The Florida Plan for Medical Assistance under

11  Title XIX of the Social Security Act;

12         (b)  The State Plan on Aging under the Older Americans

13  Act; or

14         (c)  The Florida Financial Assistance for Community

15  Services Act of 1974.

16         Section 10.  Subsections (2) and (3) of section

17  409.942, Florida Statutes, are amended to read:

18         409.942  Electronic benefit transfer program.--

19         (2)  The department shall, in accordance with

20  applicable federal laws and regulations, develop minimum

21  program requirements and other policy initiatives for the

22  electronic benefit transfer program and shall have at least

23  one operational pilot program in place by July 1, 1996.

24         (3)  The department shall enter into public-private

25  contracts for all provisions of electronic transfer of public

26  assistance benefits, including, but not limited to, the

27  necessary electronic equipment and technical support for the

28  electronic benefit transfer pilot program.

29         Section 11.  Section 411.204, Florida Statutes, is

30  repealed.

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  1         Section 12.  Paragraph (c) of subsection (2) of section

  2  397.901, Florida Statutes, is amended to read:

  3         397.901  Prototype juvenile addictions receiving

  4  facilities.--

  5         (2)

  6         (c)  The department may implement the prototype

  7  juvenile addictions receiving facilities component of the

  8  emergency assessment and specialized treatment services within

  9  resources appropriated for this purpose.

10         1.  Using the criteria provided in this section, the

11  department shall evaluate and select the service providers and

12  sites to be funded initially.

13         2.  An independent third-party evaluation of the

14  prototypes must be conducted in accordance with the principles

15  and procedures specified in s. 411.204, pursuant to a contract

16  entered into prior to the prototype selection to ensure

17  integrity of the evaluation design, ongoing monitoring and

18  periodic review of progress, and a timely, comprehensive

19  evaluation report.  The evaluation report must include process

20  and outcome data, and must be submitted to the Governor, the

21  President of the Senate, the Speaker of the House of

22  Representatives, the department, and appropriate substantive

23  committees and subcommittees of the Legislature within 1 year

24  after startup and annually thereafter for 5 years.  Five years

25  after the prototype juvenile addictions receiving facilities

26  and the independent evaluation are funded and operational, a

27  5-year retrospective report must be submitted on the impact of

28  the addictions receiving facility modality upon treatment

29  outcomes and sustained recovery of the participants.

30         Section 13.  Paragraph (d) of subsection (5) of section

31  411.01, Florida Statutes, is amended to read:

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  1         411.01  Florida Partnership for School Readiness;

  2  school readiness coalitions.--

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

  4         (d)  Implementation.--

  5         1.  The school readiness program is to be phased in.

  6  Until the coalition implements its plan, the county shall

  7  continue to receive the services identified in subsection (3)

  8  through the various agencies that would be responsible for

  9  delivering those services under current law.  Plan

10  implementation is subject to approval of the coalition and the

11  plan by the Florida Partnership for School Readiness.

12         2.  Each school readiness coalition shall develop a

13  plan for implementing the school readiness program to meet the

14  requirements of this section and the performance standards and

15  outcome measures established by the partnership. The plan must

16  include a written description of the role of the program in

17  the coalition's effort to meet the first state education goal,

18  readiness to start school, including a description of the plan

19  to involve the prekindergarten early intervention programs,

20  Head Start Programs, programs offered by public or private

21  providers of child care, preschool programs for children with

22  disabilities, programs for migrant children, Title I programs,

23  subsidized child care programs, and teen parent programs. The

24  plan must also demonstrate how the program will ensure that

25  each 3-year-old and 4-year-old child in a publicly funded

26  school readiness program receives scheduled activities and

27  instruction designed to prepare children to enter kindergarten

28  ready to learn. Prior to implementation of the program, the

29  school readiness coalition must submit the plan to the

30  partnership for approval.  The partnership may approve the

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  1  plan, reject the plan, or approve the plan with conditions.

  2  The plan shall be reviewed, revised, and approved biennially.

  3         3.  The plan for the school readiness program must

  4  include the following minimum standards and provisions:

  5         a.  A sliding fee scale establishing a copayment for

  6  parents based upon their ability to pay, which is the same for

  7  all program providers, to be implemented and reflected in each

  8  program's budget.

  9         b.  A choice of settings and locations in licensed,

10  registered, religious-exempt, or school-based programs to be

11  provided to parents.

12         c.  Instructional staff who have completed the training

13  course as required in s. 402.305(2)(d)1., as well as staff who

14  have additional training or credentials as required by the

15  respective program provider. The plan must provide a method

16  for assuring the qualifications of all personnel in all

17  program settings.

18         d.  Specific eligibility priorities for children within

19  the coalition's county pursuant to subsection (6).

20         e.  Performance standards and outcome measures

21  established by the partnership or alternatively, standards and

22  outcome measures to be used until such time as the partnership

23  adopts such standards and outcome measures.

24         f.  Reimbursement rates that have been developed by the

25  coalition.

26         g.  Systems support services, including a central

27  agency, child care resource and referral, eligibility

28  determinations, training of providers, and parent support and

29  involvement.

30         h.  Direct enhancement services to families and

31  children. System support and direct enhancement services shall

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  1  be in addition to payments for the placement of children in

  2  school readiness programs.

  3         i.  A business plan, which must include the contract

  4  with a school readiness agent if the coalition is not a

  5  legally established corporate entity. Coalitions may contract

  6  with other coalitions to achieve efficiency in multiple-county

  7  services, and such contracts may be part of the coalition's

  8  business plan.

  9         j.  Strategies to meet the needs of unique populations,

10  such as migrant workers.

11

12  As part of the plan, the coalition may request the Governor to

13  apply for a waiver to allow the coalition to administer the

14  Head Start Program to accomplish the purposes of the school

15  readiness program.  If any school readiness plan can

16  demonstrate that specific statutory goals can be achieved more

17  effectively by using procedures that require modification of

18  existing rules, policies, or procedures, a request for a

19  waiver to the partnership may be made as part of the plan.

20  Upon review, the partnership may grant the proposed

21  modification.

22         4.  Persons with an early childhood teaching

23  certificate may provide support and supervision to other staff

24  in the school readiness program.

25         5.  The coalition may not implement its plan until it

26  submits the plan to and receives approval from the

27  partnership. Once the plan has been approved, the plan and the

28  services provided under the plan shall be controlled by the

29  coalition rather than by the state agencies or departments.

30  The plan shall be reviewed and revised as necessary, but at

31  least biennially.

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  1         6.  The following statutes will not apply to local

  2  coalitions with approved plans: ss. 125.901(2)(a)3.,

  3  228.061(1) and (2), 230.2306, 411.204, 411.221, 411.222, and

  4  411.232. To facilitate innovative practices and to allow local

  5  establishment of school readiness programs, a school readiness

  6  coalition may apply to the Governor and Cabinet for a waiver

  7  of, and the Governor and Cabinet may waive, any of the

  8  provisions of ss. 230.2303, 230.2305, 230.23166, 402.3015,

  9  411.223, and 411.232, if the waiver is necessary for

10  implementation of the coalition's school readiness plan.

11         7.  Two or more counties may join for the purpose of

12  planning and implementing a school readiness program.

13         8.  A coalition may, subject to approval of the

14  partnership as part of the coalition's plan, receive

15  subsidized child care funds for all children eligible for any

16  federal subsidized child care program and be the provider of

17  the program services.

18         9.  Coalitions are authorized to enter into multiparty

19  contracts with multicounty service providers in order to meet

20  the needs of unique populations such as migrant workers.

21         Section 14.  Section 411.222, Florida Statutes, is

22  amended to read:

23         411.222  State Intraagency and interagency

24  coordination; creation of offices; responsibilities;

25  memorandum of agreement; creation of Coordinating Council for

26  School Readiness Programs; responsibilities.--

27         (1)  DEPARTMENT OF EDUCATION.--There is created within

28  the Department of Education an Office of Prevention, Early

29  Assistance, and Child Development for the purpose of

30  intraagency and interagency planning, policy, and program

31  development and coordination to enhance existing programs and

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  1  services and to develop new programs and services for

  2  high-risk children and their families. The Department of

  3  Education, as the designated lead agency for administration of

  4  part H of Pub. L. No. 99-457, shall assign primary

  5  responsibility for implementation of part H to the Office of

  6  Prevention, Early Assistance, and Child Development.

  7         (a)  Intraagency responsibilities.--

  8         1.  Assure planning, policy, and program coordination

  9  in programs serving high-risk children and their families,

10  including, but not limited to:

11         a.  Preschool programs for children of migrant farm

12  workers.

13         b.  Preschool programs for handicapped children.

14         c.  Prekindergarten Early Intervention Program.

15         d.  Florida First Start Program.

16         e.  Preschool programs for educationally disadvantaged

17  children funded through federal funds, such as Head Start and

18  chapter I of Pub. L. No. 97-35, when applicable.

19         f.  Programs for teen parents and their children.

20         g.  Programs for preventing sexual activity and teenage

21  pregnancy.

22         h.  Food services for preschool and child care

23  programs.

24         i.  Transportation for programs serving preschool

25  children.

26         j.  Facilities for programs serving preschool children.

27         k.  School volunteer programs serving preschool

28  children.

29         l.  Support services, including social work and school

30  health services for preschool children.

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  1         m.  Parent education, child care courses, and child

  2  care laboratories in high schools and vocational-technical

  3  centers.

  4         2.  Serve as clearinghouse for the collection and

  5  dissemination of information relating to programs and services

  6  for high-risk children and their families, including model and

  7  exemplary programs that have demonstrated effectiveness and

  8  beneficial outcomes.

  9         3.  Develop publications, including, but not limited

10  to, directories, newsletters, public awareness documents, and

11  other resource materials which assist agencies, programs, and

12  families in meeting the needs of the high-risk population.

13         4.  Provide technical assistance at the request of

14  agencies, programs, and services.

15         5.  Disseminate information regarding the availability

16  of federal, state, and private grants which target high-risk

17  children and their families.

18         6.  Perform duties relating to the joint strategic plan

19  as specified in s. 411.221.

20         (b)  Interagency responsibilities.--

21         1.  Perform the joint functions related to the joint

22  strategic plan as specified in s. 411.221.

23         2.  Prepare jointly with the Department of Health and

24  Rehabilitative Services a memorandum of agreement pursuant to

25  this section, or other cooperative agreements necessary to

26  implement the requirements of this chapter.

27         3.  Develop, in collaboration with the Department of

28  Health and Rehabilitative Services, and recommend to the State

29  Board of Education, rules necessary to implement this chapter.

30         4.  Perform the responsibilities enumerated in

31  subparagraphs (a)2.-5. on a statewide basis in conjunction

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  1  with the Office of Prevention, Early Assistance, and Child

  2  Development within the Department of Health and Rehabilitative

  3  Services.

  4         (2)  DEPARTMENT OF HEALTH AND REHABILITATIVE

  5  SERVICES.--There is created within the Department of Health

  6  and Rehabilitative Services an Office of Prevention, Early

  7  Assistance, and Child Development for the purpose of

  8  intraagency and interagency planning, policy, and program

  9  development and coordination to enhance existing programs and

10  services and to develop new programs and services for

11  high-risk pregnant women and for high-risk preschool children

12  and their families.

13         (a)  Intraagency responsibilities.--

14         1.  Assure planning, policy, and program coordination

15  in programs serving high-risk pregnant women and high-risk

16  preschool children and their families, within the following

17  offices of the Department of Health and Rehabilitative

18  Services:

19         a.  Alcohol, Drug Abuse, and Mental Health.

20         b.  Children's Medical Services.

21         c.  Children, Youth, and Families.

22         d.  Developmental Services.

23         e.  Economic Services.

24         f.  Health.

25         g.  Medicaid.

26         2.  Assure planning, policy, and program coordination

27  in the following interprogram areas:

28         a.  Transportation.

29         b.  Migrant and refugee services.

30         c.  Volunteer services.

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  1         d.  Child abuse and neglect prevention, early

  2  intervention, and treatment.

  3         e.  Chapter I of Pub. L. No. 97-35.

  4         3.  Ensure, within available resources, the

  5  implementation of the continuum of comprehensive services in

  6  the service districts.

  7         4.  Serve as clearinghouse for the collection and

  8  dissemination of information relating to programs and services

  9  for high-risk pregnant women and for high-risk preschool

10  children and their families, and programs aimed at preventing

11  sexual activity and teenage pregnancy, including model and

12  exemplary programs that have demonstrated effectiveness and

13  beneficial outcomes.

14         5.  Develop publications, including, but not limited

15  to, directories, newsletters, public awareness documents, and

16  other resource materials which assist agencies, programs, and

17  families in meeting the needs of the high-risk population.

18         6.  Provide technical assistance at the request of

19  program offices, service districts, providers, advisory

20  councils, and advocacy groups, and other agencies or entities

21  with which the Department of Health and Rehabilitative

22  Services has contracts or cooperative agreements.

23         7.  Disseminate information regarding the availability

24  of federal, state, and private grants which target teenagers

25  at risk of pregnancy, high-risk pregnant women, and high-risk

26  preschool children and their families.

27         8.  Perform duties relating to the joint strategic plan

28  as specified in s. 411.221.

29         (b)  Interagency responsibilities.--

30         1.  Perform the joint functions related to the joint

31  strategic plan as specified in s. 411.221.

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  1         2.  Prepare jointly with the Department of Education a

  2  memorandum of agreement pursuant to this section, or other

  3  cooperative agreements necessary to implement the requirements

  4  of this chapter.

  5         3.  Develop, in collaboration with the Department of

  6  Education, rules necessary to implement this chapter.

  7         4.  Perform the responsibilities enumerated in

  8  subparagraphs (a)4.-7. on a statewide basis in conjunction

  9  with the Office of Prevention, Early Assistance, and Child

10  Development within the Department of Education.

11         5.  Subject to appropriation, develop and implement a

12  program of parenting workshops to assist and counsel the

13  parents or guardians of students having disciplinary problems.

14  These workshops should be made available to all families of

15  students who have disciplinary problems. The department may

16  provide these services directly or may enter into contracts

17  with school districts for the provision of these services.

18         (3)  MEMORANDUM OF INTERAGENCY AGREEMENT.--The

19  Commissioner of Education and the Secretary of Health and

20  Rehabilitative Services shall prepare a joint memorandum of

21  interagency agreement to implement the provisions of this

22  chapter, which shall include, but not be limited to, the

23  following:

24         (a)  Designation of staff responsible for interagency

25  and intraagency planning and coordination.

26         (b)  Description of staff roles and responsibilities

27  regarding interagency coordination.

28         (c)  Delineation of the relationships between the

29  departments' respective advisory councils, commissions,

30  committees, and task forces addressing the needs of high-risk

31  children and their families.

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  1         (d)  Procedures for conflict resolution.

  2         (e)  Procedures for reviewing, amending, and renewing

  3  the memorandum of interagency agreement.

  4         (f)  Procedures for interagency evaluation

  5  coordination.

  6         (4)  STATE COORDINATING COUNCIL FOR SCHOOL READINESS

  7  PROGRAMS.--

  8         (1)(a)  CREATION; INTENT Creation; intent.--The State

  9  Coordinating Council for School Readiness Programs is

10  established to ensure coordination among the programs that

11  serve preschool children in order to support the first state

12  education goal, readiness to start school; to facilitate

13  communication, cooperation, and the maximum use of resources;

14  and to promote high standards for all programs that serve

15  preschool children in this state. It is the intent of the

16  Legislature that the coordinating council be an independent

17  nonpartisan body and not be identified or affiliated with any

18  one agency, program, or group.

19         (2)(b)  MEMBERSHIP Membership.--The council shall be

20  composed of the following 15 members:

21         (a)1.  The seven current members of the 1998-1999 State

22  Coordinating Council Executive Committee.

23         (b)2.  Eight additional members, appointed by the

24  executive committee, including a representative of each of the

25  following:  subsidized child care programs; prekindergarten

26  early intervention programs; Head Start programs; health care

27  programs; private providers; faith-based providers; programs

28  for children with disabilities; and parents of preschool

29  children.

30         (3)(c)  TERM Term.--The State Coordinating Council for

31  School Readiness Programs shall terminate on July 1, 2002.

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  1         (4)(d)  ORGANIZATION Organization.--

  2         (a)1.  The council shall adopt internal organizational

  3  procedures or bylaws necessary for the efficient operation of

  4  the council. The council may establish committees that are

  5  responsible for conducting specific council programs and

  6  activities.

  7         (b)2.  The council shall have a budget and be financed

  8  through an annual appropriation made for this purpose in the

  9  General Appropriations Act. Council members are entitled to

10  reimbursement for per diem and travel expenses as provided in

11  s. 112.061 while carrying out official business of the

12  council. When appropriate, parent representatives shall

13  receive a stipend for child care costs incurred while

14  attending council meetings. For administrative purposes only,

15  the council is assigned to the Florida Partnership for School

16  Readiness.

17         (c)3.  The coordinating council shall hold quarterly

18  meetings that are open to the public, and the public shall be

19  given the opportunity to comment at each such meeting. The

20  coordinating council shall notify persons of the date, time,

21  and place of each quarterly meeting upon request.

22         (5)(e)  DUTIES Duties.--The coordinating council shall

23  recommend to the Florida Partnership for School Readiness

24  methods for coordinating public and private school readiness

25  programs and procedures to facilitate communication,

26  cooperation, and the maximum use of resources to achieve the

27  first state education goal, readiness to start school. In

28  addition, the council shall:

29         (a)1.  Advise the Florida Partnership for School

30  Readiness concerning criteria for grant proposal guidelines,

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  1  the review of plans and proposals, and eligibility for

  2  services of school readiness programs.

  3         (b)2.  Recommend to the Florida Partnership for School

  4  Readiness methods to increase the involvement of public and

  5  private partnerships in school readiness programs in order to

  6  maximize the availability of federal funds and to effectively

  7  use available resources through cooperative funding and

  8  coordinated services.

  9         (6)(f)  REPORTING REQUIREMENTS Reporting

10  requirements.--The coordinating council shall submit its final

11  report to the Florida Partnership for School Readiness by July

12  1, 2002.

13         Section 15.  Paragraph (a) of subsection (8) of section

14  230.2303, Florida Statutes, is amended to read:

15         230.2303  Florida First Start Program.--

16         (8)  COORDINATION.--

17         (a)  The Florida First Start Program shall be included

18  under the jurisdiction of the State Coordinating Council for

19  School Readiness Programs Early Childhood Services established

20  pursuant to s. 411.222.  The council shall make

21  recommendations for effective implementation of the program

22  and shall advise the Department of Education on needed

23  legislation, rules, and technical assistance to ensure the

24  continued implementation of an effective program.

25         Section 16.  Paragraph (b) of subsection (1) and

26  subsection (2) of section 383.14, Florida Statutes, are

27  amended to read:

28         383.14  Screening for metabolic disorders, other

29  hereditary and congenital disorders, and environmental risk

30  factors.--

31

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  1         (1)  SCREENING REQUIREMENTS.--To help ensure access to

  2  the maternal and child health care system, the Department of

  3  Health shall promote the screening of all infants born in

  4  Florida for phenylketonuria and other metabolic, hereditary,

  5  and congenital disorders known to result in significant

  6  impairment of health or intellect, as screening programs

  7  accepted by current medical practice become available and

  8  practical in the judgment of the department.  The department

  9  shall also promote the identification and screening of all

10  infants born in this state and their families for

11  environmental risk factors such as low income, poor education,

12  maternal and family stress, emotional instability, substance

13  abuse, and other high-risk conditions associated with

14  increased risk of infant mortality and morbidity to provide

15  early intervention, remediation, and prevention services,

16  including, but not limited to, parent support and training

17  programs, home visitation, and case management.

18  Identification, perinatal screening, and intervention efforts

19  shall begin prior to and immediately following the birth of

20  the child by the attending health care provider.  Such efforts

21  shall be conducted in hospitals, perinatal centers, county

22  health departments, school health programs that provide

23  prenatal care, and birthing centers, and reported to the

24  Office of Vital Statistics.

25         (b)  Postnatal screening.--A risk factor analysis using

26  the department's designated risk assessment instrument shall

27  also be conducted as part of the medical screening process

28  upon the birth of a child and submitted to the department's

29  Office of Vital Statistics for recording and other purposes

30  provided for in this chapter.  The department's screening

31  process for risk assessment shall include a scoring mechanism

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  1  and procedures that establish thresholds for notification,

  2  further assessment, referral, and eligibility for services by

  3  professionals or paraprofessionals consistent with the level

  4  of risk. Procedures for developing and using the screening

  5  instrument, notification, referral, and care coordination

  6  services, reporting requirements, management information, and

  7  maintenance of a computer-driven registry in the Office of

  8  Vital Statistics which ensures privacy safeguards must be

  9  consistent with the provisions and plans established under

10  chapter 411, Pub. L. No. 99-457, and this chapter.  Procedures

11  established for reporting information and maintaining a

12  confidential registry must include a mechanism for a

13  centralized information depository at the state and county

14  levels.  The department shall coordinate with existing risk

15  assessment systems and information registries.  The department

16  must ensure, to the maximum extent possible, that the

17  screening information registry is integrated with the

18  department's automated data systems, including the Florida

19  On-line Recipient Integrated Data Access (FLORIDA) system.

20  Tests and screenings must be performed at such times and in

21  such manner as is prescribed by the department after

22  consultation with the Genetics and Infant Screening Advisory

23  Council and the State Coordinating Council for School

24  Readiness Programs Early Childhood Services.

25         (2)  RULES.--After consultation with the Genetics and

26  Infant Screening Advisory Council, the department shall adopt

27  and enforce rules requiring that every infant born in this

28  state shall, prior to becoming 2 weeks of age, be subjected to

29  a test for phenylketonuria and, at the appropriate age, be

30  tested for such other metabolic diseases and hereditary or

31  congenital disorders as the department may deem necessary from

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  1  time to time. After consultation with the State Coordinating

  2  Council for School Readiness Programs Early Childhood

  3  Services, the department shall also adopt and enforce rules

  4  requiring every infant born in this state to be screened for

  5  environmental risk factors that place children and their

  6  families at risk for increased morbidity, mortality, and other

  7  negative outcomes.  The department shall adopt such additional

  8  rules as are found necessary for the administration of this

  9  section, including rules relating to the methods used and time

10  or times for testing as accepted medical practice indicates,

11  rules relating to charging and collecting fees for screenings

12  authorized by this section, and rules requiring mandatory

13  reporting of the results of tests and screenings for these

14  conditions to the department.

15         Section 17.  Paragraph (a) of subsection (1) of section

16  391.304, Florida Statutes, is amended to read:

17         391.304  Program coordination.--

18         (1)  The Department of Health shall:

19         (a)  Coordinate with the Department of Education, the

20  Florida Interagency Coordinating Council for Infants and

21  Toddlers, and the State Coordinating Council for School

22  Readiness Programs Early Childhood Services in planning and

23  administering ss. 391.301-391.307. This coordination shall be

24  in accordance with s. 411.222.

25         Section 18.  Subsection (3) of section 402.281, Florida

26  Statutes, is amended to read:

27         402.281  Gold Seal Quality Care program.--

28         (3)  In developing the Gold Seal Quality Care program

29  standards, the department shall consult with the Department of

30  Education, the Florida Head Start Directors Association, the

31  Florida Association of Child Care Management, the Florida

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  1  Family Day Care Association, the Florida Children's Forum, the

  2  State Coordinating Council for School Readiness Programs Early

  3  Childhood Services, the Early Childhood Association of

  4  Florida, the National Association for Child Development

  5  Education, providers receiving exemptions under s. 402.316,

  6  and parents, for the purpose of approving the accrediting

  7  associations.

  8         Section 19.  Paragraph (d) of subsection (2) and

  9  subsection (18) of section 402.305, Florida Statutes, are

10  amended to read:

11         402.305  Licensing standards; child care facilities.--

12         (2)  PERSONNEL.--Minimum standards for child care

13  personnel shall include minimum requirements as to:

14         (d)  Minimum training requirements for child care

15  personnel.

16         1.  Such minimum standards for training shall ensure

17  that all child care personnel and operators of family day care

18  homes serving at-risk children in a subsidized child care

19  program pursuant to s. 402.3015 take an approved 40-clock-hour

20  introductory course in child care, which course covers at

21  least the following topic areas:

22         a.  State and local rules and regulations which govern

23  child care.

24         b.  Health, safety, and nutrition.

25         c.  Identifying and reporting child abuse and neglect.

26         d.  Child development, including typical and atypical

27  language, cognitive, motor, social, and self-help skills

28  development.

29         e.  Observation of developmental behaviors, including

30  using a checklist or other similar observation tools and

31  techniques to determine the child's developmental age level.

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  1         f.  Specialized areas, as determined by the department,

  2  for owner-operators and child care personnel of a child care

  3  facility.

  4

  5  Within 90 days of employment, child care personnel shall begin

  6  training to meet the training requirements and shall complete

  7  such training within 1 year of the date on which the training

  8  began.  Exemption from all or a portion of the required

  9  training shall be granted to child care personnel based upon

10  educational credentials or passage of competency examinations.

11         2.  The introductory course in child care shall stress,

12  to the extent possible, an interdisciplinary approach to the

13  study of children.

14         3.  On an annual basis in order to further their child

15  care skills and, if appropriate, administrative skills, child

16  care personnel who have fulfilled the requirements for the

17  child care training shall be required to take an additional

18  approved 8 clock hours of inservice training or an equivalent

19  as determined by the department.

20         4.  Procedures for ensuring the training of qualified

21  child care professionals to provide training of child care

22  personnel, including onsite training, shall be included in the

23  minimum standards.  It is recommended that the state community

24  child care coordination agencies (central agencies) be

25  contracted by the department to coordinate such training when

26  possible. Other district educational resources, such as

27  community colleges and vocational-technical programs, can be

28  designated in such areas where central agencies may not exist

29  or are determined not to have the capability to meet the

30  coordination requirements set forth by the department.

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  1         5.  Training requirements shall not apply to certain

  2  occasional or part-time support staff, including, but not

  3  limited to, swimming instructors, piano teachers, dance

  4  instructors, and gymnastics instructors.

  5         6.  The State Coordinating Council for School Readiness

  6  Programs Early Childhood Services, in coordination with the

  7  department, shall evaluate or contract for an evaluation for

  8  the general purpose of determining the status of and means to

  9  improve staff training requirements and testing procedures.

10  The evaluation shall be completed by October 1, 1992, and

11  conducted every 2 years thereafter.  The evaluation shall

12  include, but not be limited to, determining the availability,

13  quality, scope, and sources of current staff training;

14  determining the need for specialty training; and determining

15  ways to increase inservice training and ways to increase the

16  accessibility, quality, and cost-effectiveness of current and

17  proposed staff training. The evaluation methodology shall

18  include a reliable and valid survey of child care personnel.

19         7.  The child care operator shall be required to take

20  basic training in serving children with disabilities within 5

21  years after employment, either as a part of the introductory

22  training or the annual 8 hours of inservice training.

23         (18)  CHILD CARE TECHNICAL REVIEW PANEL.--There is

24  hereby created a child care technical review panel, appointed

25  by the Chair of the State Coordinating Council for School

26  Readiness Programs Early Childhood Services, established by s.

27  411.222, to develop recommendations for inclusion, unedited,

28  in the State Coordinating Council for School Readiness

29  Programs Early Childhood Services annual report as required by

30  s. 411.222(6)(4)(f), and provide technical assistance to the

31  department for the adoption of rules for licensing child care

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  1  facilities in accordance with the minimum standards

  2  established in this section. The review panel must consist of

  3  seven members, five of whom must be:

  4         (a)  An owner or operator of a subsidized child care

  5  facility;

  6         (b)  An owner or operator of a proprietary child care

  7  facility;

  8         (c)  An owner or operator of a licensed church child

  9  care facility;

10         (d)  A child care provider that has attained a child

11  development associate credential; and

12         (e)  A child care provider that has attained a child

13  care professional credential.

14

15  The initial technical review panel members shall must be

16  appointed by October 1, 1992, for a term of 3 years each.  No

17  member shall serve more than two consecutive terms.

18         Section 20.  Paragraph (b) of subsection (1) of section

19  402.3052, Florida Statutes, is amended to read:

20         402.3052  Child development associate training grants

21  program.--

22         (1)  There is hereby created the child development

23  associate training grants program within the department.

24         (b)  The State Coordinating Council for School

25  Readiness Programs Early Childhood Services shall serve in an

26  advisory capacity to the department in the implementation of

27  the training program.

28         Section 21.  Subsections (6) and (8) of section 402.45,

29  Florida Statutes, are amended to read:

30         402.45  Community resource mother or father program.--

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  1         (6)  The community resource mother or father program

  2  shall be included under the jurisdiction of the State

  3  Coordinating Council for School Readiness Programs Early

  4  Childhood Services established pursuant to s. 411.222.  The

  5  council shall make recommendations for effective

  6  implementation of the program and shall advise the Department

  7  of Health in the development of program guidelines, the

  8  schedule for implementation, the establishment of evaluation

  9  procedures, the provision of technical assistance to

10  individual programs, and the development of the program

11  evaluation report.

12         (8)  Individuals under contract to provide community

13  resource mother or father services shall participate in

14  preservice and ongoing training as determined by the

15  Department of Health in consultation with the State

16  Coordinating Council for School Readiness Programs Early

17  Childhood Services. A community resource mother or father

18  shall not be assigned a client caseload until all preservice

19  training requirements are completed.

20         Section 22.  Paragraph (d) of subsection (2) of section

21  402.47, Florida Statutes, is amended to read:

22         402.47  Foster grandparent and retired senior volunteer

23  services to high-risk and handicapped children.--

24         (2)  The Department of Health and Rehabilitative

25  Services shall:

26         (d)  Coordinate with the Federal Action State Office

27  and the department's Office of Prevention, Early Assistance,

28  and Child Development regarding the development of criteria

29  for program elements and funding.

30         Section 23.  Section 411.221, Florida Statutes, is

31  amended to read:

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  1         411.221  Prevention and early assistance strategic

  2  plan; agency responsibilities.--

  3         (1)  The Department of Health and Rehabilitative

  4  Services and the Department of Education shall prepare a joint

  5  strategic plan relating to prevention and early assistance,

  6  which shall include, but not be limited to, the following:

  7         (a)  Identification of the department which has the

  8  responsibility for each program area described in the

  9  continuum.

10         (b)  Identification of the unit within each department

11  which has responsibility for each program area described in

12  the continuum.

13         (c)  Identification of the unit which has

14  responsibility for coordination, monitoring, and

15  implementation, as described in subsection (4).

16         (c)(d)  Identification of existing continuum programs

17  on an intraagency and interagency basis.

18         (d)(e)  Identification of strategies for coordination

19  of services on both an intraagency and interagency basis and a

20  description of the progress of implementation of strategies.

21         (e)(f)  Identification of strategies for reducing

22  duplication of services on both an intraagency and interagency

23  basis and a description of progress of those strategies in

24  reduction of duplication.

25         (f)(g)  Identification of activities for coordination

26  and integration of prevention and early assistance services

27  with state agencies other than the Department of Education or

28  the Department of Health and Rehabilitative Services.

29         (g)(h)  Identification of activities for coordination

30  and integration of prevention and early assistance services at

31  the district and local levels and strategies for public and

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  1  private partnerships in the provision of the continuum of

  2  services.

  3         (h)(i)  Recommendations for implementation of the

  4  continuum of comprehensive services, including, but not

  5  limited to, the schedule for implementation of components.

  6         (i)(j)  Identification of barriers impacting

  7  implementation of components of the continuum of services.

  8         (j)(k)  Proposed changes to the continuum of services.

  9         (k)(l)  Identification of methods of comparing program

10  and child and family outcomes and identification of

11  standardized reporting procedures to enhance data collection

12  and analysis on an intraagency and interagency basis.

13         (l)(m)  Recommendations, if any, for legislative,

14  administrative, or budgetary changes. Budgetary changes shall

15  include recommendations regarding the development by the

16  Department of Health and Rehabilitative Services and the

17  Department of Education of a unified program budget for all

18  prevention and early assistance services to high-risk pregnant

19  women and to high-risk preschool children and their families.

20  Such budget recommendations shall be consistent with the goals

21  of the joint strategic plan and with the continuum of

22  comprehensive services.

23         (2)  The strategic plan and subsequent plan revisions

24  shall incorporate and otherwise utilize, to the fullest extent

25  possible, the evaluation findings and recommendations from

26  intraagency, independent third-party, field projects, and

27  auditor general evaluations, as well as the recommendations of

28  the State Coordinating Council for School Readiness Programs

29  Early Childhood Services.

30         (3)  The Department of Health and Rehabilitative

31  Services and the Department of Education shall present the

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  1  joint strategic plan as described in this section to the

  2  President of the Senate, the Speaker of the House of

  3  Representatives, and the Governor by January 1, 1991.  At

  4  least biennially, the Department of Health and Rehabilitative

  5  Services and the Department of Education shall readdress the

  6  joint strategic plan submitted pursuant to this section and

  7  make necessary revisions.  The revised plan shall be submitted

  8  to the Governor, the Speaker of the House of Representatives,

  9  and the President of the Senate no later than January 1, 1993,

10  and by January 1 of each odd-numbered year alternate years

11  thereafter.

12         (4)  The Department of Health and Rehabilitative

13  Services and the Department of Education shall establish an

14  Office of Prevention, Early Assistance, and Child Development,

15  pursuant to s. 411.222, within each respective department.

16  Each office shall have intraagency responsibilities for

17  developing the strategic plan and for coordinating and ongoing

18  monitoring of the implementation of the continuum.

19  Interagency responsibilities shall include coordination in the

20  analysis and implementation of the continuum.

21         (4)(5)  There is established an interagency

22  coordinating council to advise the Department of Health and

23  Rehabilitative Services, the Department of Education, and

24  other state agencies in the development of the joint strategic

25  plan and to monitor the development of the plan. For the

26  purpose of carrying out its responsibilities, the interagency

27  coordinating council shall have access to statistical

28  information, budget documents, and workpapers developed by the

29  Department of Health and Rehabilitative Services and the

30  Department of Education in preparing the joint strategic plan.

31  The interagency coordinating council shall advise the

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  1  appropriate substantive committees of the Senate and House of

  2  Representatives, and the Office of the Governor, on the

  3  progress of activities required in this chapter.

  4         Section 24.  Subsections (4) and (5) of section

  5  411.232, Florida Statutes, are repealed.

  6         Section 25.  Section 414.35, Florida Statutes, is

  7  repealed.

  8         Section 26.  Subsection (10) of section 414.38, Florida

  9  Statutes, is repealed.

10         Section 27.  Subsection (5) of section 414.70, Florida

11  Statutes, is amended to read:

12         414.70  Drug-testing and drug-screening program;

13  procedures.--

14         (5)  EVALUATION EVALUATIONS AND RECOMMENDATIONS.--

15         (a)  The Department of Children and Family Services, in

16  conjunction with the local WAGES coalitions in service areas 3

17  and 8, shall conduct a comprehensive evaluation of the

18  demonstration projects operated under this act. By January 1,

19  2000, the department, in conjunction with the local WAGES

20  coalitions involved, shall report to the WAGES Program State

21  Board of Directors and to the Legislature on the status of the

22  initial implementation of the demonstration projects and shall

23  specifically describe the problems encountered and the funds

24  expended during the first year of operation.

25         (b)  By January 1, 2001, the department, in conjunction

26  with the local WAGES coalitions involved, shall provide a

27  comprehensive evaluation to the WAGES Program State Board of

28  Directors and to the Legislature, which must include:

29         (a)1.  The impact of the drug-screening and

30  drug-testing program on employability, job placement, job

31  retention, and salary levels of program participants.

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  1         (b)2.  Recommendations, based in part on a cost and

  2  benefit analysis, as to the feasibility of expanding the

  3  program to other local WAGES service areas, including specific

  4  recommendations for implementing such expansion of the

  5  program.

  6         Section 28.  Section 28 of chapter 96-403, Laws of

  7  Florida, is repealed.

  8         Section 29.  This act shall take effect upon becoming a

  9  law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Repeals various provisions of law that have become
  4    obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
  5    Repeals or deletes provisions relating to juvenile
      substance abuse impairment prevention and early
  6    intervention councils; plans for implementation of the
      children's substance abuse information and referral
  7    network and integration thereof with the child and
      adolescent mental health information and referral
  8    network; the umbrella trust fund for developmentally
      disabled and mentally ill persons; exemption from
  9    fingerprinting requirements for summer camp personnel,
      the provisions of which are published elsewhere in
10    statutes; review by the Department of Children and Family
      Services and the Department of Health of services
11    provided to clients to ensure that fees assessed therefor
      conform to law; evaluation of and a report to the
12    Legislature on the effectiveness and efficiency of
      contracting functions in each service district of the
13    Department of Children and Family Services; annual
      reporting on plans and programs relating to service
14    integration and family preservation; the Florida
      Financial Assistance for Community Services Act of 1974;
15    the pilot portion of the electronic benefit transfer
      program of the Department of Children and Family
16    Services; handicap prevention and early childhood
      assistance program evaluation design and conduct and
17    independent third-party evaluation; intraagency and
      interagency coordination through the Office of
18    Prevention, Early Assistance, and Child Development of
      the Department of Education and of the former Department
19    of Health and Rehabilitative Services; implementation and
      evaluation of the Children's Early Investment Program;
20    adoption of rules by the Department of Children and
      Family Services for administration of emergency
21    assistance programs delegated to the department; an
      evaluation of the local work experience and job training
22    pilot program for noncustodial parents; an evaluation of
      certain drug-testing and drug-screening demonstration
23    projects; and the Board of Regents task force that
      examined and reported on the optimal organizational
24    structure for the delivery of social services.

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