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3 repealed provisions of law; repealing various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6 purpose, or have been impliedly repealed or
7 superseded; repealing s. 397.821, F.S.,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.--
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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.
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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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