Senate Bill sb1802

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    Florida Senate - 2001                                  SB 1802

    By Senator Brown-Waite





    10-811-01                                               See HB

  1                      A bill to be entitled

  2         An act relating to school readiness; amending

  3         s. 20.50, F.S.; removing the requirement that

  4         the Agency for Workforce Innovation be a

  5         separate budget entity from the Department of

  6         Management Services; assigning certain

  7         responsibility for administering school

  8         readiness programs to the agency; requiring the

  9         agency's unified budget to include funding for

10         school readiness; renaming offices within the

11         agency; directing the agency to be the

12         designated agency for purpose of federal school

13         readiness grants; requiring disbursement of

14         school readiness grants pursuant to plans and

15         policies of the Florida Partnership for School

16         Readiness; making certain responsibilities

17         subject to appropriations; amending s. 216.136,

18         F.S.; adding staff of the Agency for Workforce

19         Innovation to the School Readiness Program

20         Estimating Conference; conforming

21         cross-references; amending s. 230.23, F.S.;

22         requiring school boards to work through the

23         Florida Partnership for School Readiness with

24         regard to programs for early childhood and

25         basic skills development; renumbering as s.

26         412.51, F.S., and amending s. 411.01, F.S.;

27         transferring the Florida Partnership for School

28         Readiness from the Executive Office of the

29         Governor to the Agency for Workforce

30         Innovation; increasing the membership of the

31         partnership and the number of members required

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         for a quorum; requiring partnership members to

  2         abstain from voting in certain circumstances;

  3         designating the partnership as the lead agency

  4         for certain federal programs; authorizing the

  5         partnership to adopt rules through the agency;

  6         directing that the partnership's budget shall

  7         be part of the agency's budget; revising

  8         entities to which the partnership must make

  9         legislative recommendations; requiring the

10         partnership to prepare a long-range program

11         plan; changing the membership of local school

12         readiness coalitions; requiring members of the

13         coalitions to abstain from voting in certain

14         circumstances; authorizing the school readiness

15         program to include certain school-age children;

16         conforming cross-references; renumbering as s.

17         412.52, F.S., and amending s. 230.2303, F.S.;

18         transferring certain responsibilities from

19         school districts to local school readiness

20         coalitions; removing the requirement that the

21         Commissioner of Education approve the inclusion

22         of Florida First Start Programs in local school

23         readiness plans; assigning parent resource

24         centers to local coalitions; transferring

25         certain responsibilities for the monitoring of

26         and the provision of technical assistance to

27         local school readiness programs from the

28         Commissioner of Education to the Florida

29         Partnership for School Readiness; providing

30         reporting requirements; renumbering as s.

31         412.53, F.S., and amending s. 230.2305, F.S.;

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         modifying legislative intent to recognize the

  2         involvement of local school readiness

  3         coalitions in prekindergarten programs;

  4         deleting references to school districts and

  5         eliminating district and district employee

  6         responsibility for certain programs;

  7         transferring certain responsibilities to local

  8         school readiness coalitions; requiring the

  9         Florida Partnership for School Readiness to

10         establish performance standards for early

11         education and child care programs; requiring

12         the local school readiness coalitions to

13         establish a sliding fee scale; authorizing

14         different adult-child ratios in certain

15         programs under certain circumstances;

16         authorizing the local school readiness

17         coalitions to delegate certain

18         responsibilities; requiring reports; removing

19         obsolete provisions; eliminating district

20         interagency coordinating councils regarding

21         prekindergarten programs; renumbering as s.

22         412.54, F.S., and amending s. 230.2306, F.S.;

23         transferring certain responsibilities from

24         school districts and certain preschool agencies

25         and providers to local school readiness

26         coalitions; amending s. 240.529, F.S.; deleting

27         obsolete provisions; requiring that certain

28         information be sent to local school readiness

29         coalitions and the Florida Partnership for

30         School Readiness; renumbering s. 402.25, F.S.,

31         as s. 412.55, F.S.; renumbering as s. 412.551,

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         F.S., and amending s. 402.27, F.S.;

  2         transferring certain responsibilities regarding

  3         child care services from the Department of

  4         Children and Family Services to the Florida

  5         Partnership for School Readiness; authorizing

  6         local school readiness coalitions to select

  7         local resource and referral providers without

  8         preferences; limiting the number of child care

  9         resource and referral service agencies;

10         requiring such agencies to provide certain

11         services; changing references to the WAGES

12         program to the welfare transition program;

13         conforming a cross-reference; repealing s.

14         402.28, F.S., relating to "Child Care Plus"

15         facilities; renumbering as s. 412.553, F.S.,

16         and amending s. 402.281, F.S.; transferring

17         responsibilities relating to the Gold Seal

18         Quality Care program relating to child care

19         from the Department of Children and Family

20         Services to the Florida Partnership for School

21         Readiness; conforming a cross-reference;

22         renumbering as s. 412.554, F.S., and amending

23         s. 402.301, F.S.; conforming cross-references;

24         directing the Partnership for School Readiness

25         to provide certain assistance in lieu of the

26         Department of Children and Family Services;

27         renumbering as s. 412.555, F.S., and amending

28         s. 402.3015, F.S.; removing qualifier on

29         definition of families at risk for welfare

30         dependency; authorizing the Florida Partnership

31         on School Readiness to authorize services for

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         certain children; changing reference to the

  2         WAGES program to the welfare transition

  3         program; removing certain persons from

  4         eligibility to receive subsidized child care

  5         services; removing authority of the Department

  6         of Children and Family Services to set certain

  7         fees; transferring certain authority and

  8         responsibility from the department to the

  9         Agency for Workforce Innovation or to local

10         school readiness coalitions; requiring certain

11         providers to provide access to local school

12         readiness coalitions for monitoring purposes;

13         requiring the Division of Risk Management to

14         provide insurance to local school readiness

15         coalitions for certain purposes; requiring

16         local school readiness coalitions, in lieu of

17         community child care coordinating agencies, to

18         provide certain services; eliminating the

19         requirement to develop certain plans relating

20         to state subsidized child care; eliminating the

21         monitoring of certain programs by the

22         Department of Children and Family Services;

23         conforming a cross-reference; renumbering s.

24         402.3016, F.S., as s. 412.556, F.S.;

25         renumbering as s. 412.557, F.S., and amending

26         s. 402.3017, F.S.; authorizing the Florida

27         Partnership for School Readiness, rather than

28         the Department of Children and Family Services,

29         to contract for the administration of the

30         Teacher Education and Compensation Helps

31         scholarship program; providing rulemaking

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         authority; renumbering as s. 412.558, F.S., and

  2         amending s. 402.3018, F.S.; transferring

  3         certain authority and responsibilities

  4         regarding assistance to child services

  5         providers from the Department of Children and

  6         Family Services to the Florida Partnership for

  7         School Readiness and the Agency for Workforce

  8         Innovation; renumbering as s. 412.56, F.S., and

  9         amending s. 402.302, F.S.; providing

10         definitions; deleting the definition of the

11         term "secretary"; conforming cross-references;

12         renumbering as s. 412.561, F.S., and amending

13         s. 402.3025, F.S.; removing certain

14         requirements for programs to be exempted from

15         certain child care regulations; transferring

16         certain rulemaking and monitoring authority

17         from the State Board of Education to the Agency

18         for Workforce Innovation; transferring certain

19         authority of the Department of Children and

20         Family Services relating to nonpublic schools

21         to the Agency for Workforce Innovation;

22         conforming cross-references; renumbering as s.

23         412.562, F.S., and amending s. 402.3027, F.S.;

24         transferring certain authority of the

25         Department of Children and Family Services

26         relating to observation and assessment of young

27         children in certain programs for children to

28         the Florida Partnership for School Readiness;

29         renumbering as s. 412.563, F.S., and amending

30         s. 402.3028, F.S.; including the Florida

31         Partnership for School Readiness in agencies

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         responsible for referrals for Level III

  2         assessment; conforming cross-references;

  3         renumbering as s. 412.57, F.S., and amending s.

  4         402.305, F.S.; transferring the responsibility

  5         for establishing standards relating to the

  6         licensure of child care facilities from the

  7         Department of Children and Family Services to

  8         the Agency for Workforce Innovation;

  9         transferring the obligation to evaluate school

10         readiness staff training programs from the

11         State Coordinating Council for School Readiness

12         Programs and the Department of Children and

13         Family Services to the Florida Partnership for

14         School Readiness; transferring certain

15         rulemaking authority from the Department of

16         Children and Family Services to the Agency for

17         Workforce Innovation; deleting obsolete

18         provisions; eliminating the child care

19         technical review panel; conforming

20         cross-references; renumbering as s. 412.571,

21         F.S., and amending s. 402.3051, F.S.; providing

22         a definition; transferring certain authority

23         relating to reimbursement of providers from the

24         Department of Children and Family Services to

25         the Agency for Workforce Innovation and local

26         school readiness coalitions; eliminating

27         certain grant authority of the Department of

28         Children and Family Services; transferring

29         certain rulemaking authority from the

30         Department of Children and Family Services to

31         the Agency for Workforce Innovation; conforming

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         cross-references; renumbering as s. 412.572,

  2         F.S., and amending s. 402.3052, F.S.;

  3         transferring the child development associate

  4         training grants program from the Department of

  5         Children and Family Services to the Agency for

  6         Workforce Innovation; removing the State

  7         Coordinating Council for School Readiness

  8         Programs as an advisor to the program;

  9         transferring certain authority related to the

10         program from the Department of Children and

11         Family Services and others to the Agency for

12         Workforce Innovation, the Florida Partnership

13         for School Readiness, and local school

14         readiness coalitions; renumbering s. 402.3054,

15         F.S., as s. 412.573, F.S.; renumbering as s.

16         412.574, F.S., and amending s. 402.3055, F.S.;

17         transferring the regulatory authority,

18         including the imposition of penalties, of the

19         Department of Children and Family services

20         related to child care personnel to the Agency

21         for Workforce Innovation; conforming

22         cross-references; renumbering as s. 412.575,

23         F.S., and amending s. 402.3057, F.S.;

24         conforming cross-references; renumbering as s.

25         412.58, F.S., and amending s. 402.306, F.S.;

26         transferring the authority of the Department of

27         Children and Family Services relating to local

28         licensing of child care facilities to the

29         Agency for Workforce Innovation; conforming a

30         cross-reference; renumbering as s. 412.59,

31         F.S., and amending s. 402.307, F.S.;

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         transferring the authority of the Department of

  2         Children and Family Services relating to the

  3         approval of local licensing agencies of child

  4         care facilities to the Agency for Workforce

  5         Innovation; conforming cross-references;

  6         renumbering as s. 412.60, F.S., and amending s.

  7         402.308, F.S.; transferring the licensure

  8         authority of the Department of Children and

  9         Family Services relating to child care

10         facilities to the Agency for Workforce

11         Innovation; conforming cross-references;

12         renumbering as s. 412.61, F.S., and amending s.

13         402.309, F.S.; transferring the authority of

14         the Department of Children and Family Services

15         relating to provisional licensure of child care

16         facilities to the Agency for Workforce

17         Innovation; conforming cross-references;

18         renumbering as s. 412.62, F.S., and amending s.

19         402.310, F.S.; transferring disciplinary

20         authority of the Department of Children and

21         Family Services relating to child care

22         facilities to the Agency for Workforce

23         Innovation; conforming cross-references;

24         renumbering as s. 412.63, F.S., and amending s.

25         402.311, F.S.; transferring the right of entry

26         and inspection of child care facilities from

27         the Department of Children and Family Services

28         to the Agency for Workforce Innovation;

29         conforming cross-references; renumbering as s.

30         412.631, F.S., and amending s. 402.3115, F.S.;

31         requiring the Agency for Workforce Innovation

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         to avoid duplicative and unnecessary

  2         inspections of child care facilities;

  3         renumbering as s. 412.64, F.S., and amending s.

  4         402.312, F.S.; transferring the authority to

  5         obtain certain injunctions and to impose

  6         administrative fines from the Department of

  7         Children and Family Services to the Agency for

  8         Workforce Innovation; conforming

  9         cross-references; renumbering as s. 412.641,

10         F.S., and amending s. 402.3125, F.S.; requiring

11         child care facility licenses to bear the seal

12         of the Agency for Workforce Innovation rather

13         than the seal of the Department of Children and

14         Family Services; transferring the duty of the

15         Department of Children and Family Services to

16         develop model brochures to the Agency for

17         Workforce Innovation; conforming

18         cross-references; renumbering as s. 412.65,

19         F.S., and amending s. 402.313, F.S.;

20         transferring the authority, including

21         rulemaking authority, of the Department of

22         Children and Family Services relating to the

23         licensure, registration, and disciplining of

24         family day care homes to the Agency for

25         Workforce Innovation; deleting obsolete

26         provisions; requiring the Florida Partnership

27         for School Readiness, rather than the

28         Department of Children and Family Services, to

29         prepare a brochure on family day care, evaluate

30         a registration and licensure system, and

31         institute a media campaign; conforming

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         cross-references; renumbering as s. 412.651,

  2         F.S., and amending s. 402.3131, F.S.;

  3         transferring the licensure and disciplinary

  4         authority, including rulemaking authority, of

  5         the Department of Children and Family Services

  6         relating to large family child care homes to

  7         the Agency for Workforce Innovation; requiring

  8         the Agency for Workforce Innovation, rather

  9         than the Department of Children and Family

10         Services, to prepare a brochure on large family

11         day care homes; conforming cross-references;

12         renumbering as s. 412.652, F.S., and amending

13         s. 402.3135, F.S.; transferring the authority

14         of the Department of Children and Family

15         Services relating to the child care case

16         management program to the Agency for Workforce

17         Innovation; renumbering as s. 412.66, F.S., and

18         amending s. 402.314, F.S.; requiring the Agency

19         for Workforce Innovation, rather than the

20         Department of Children and Family Services, to

21         provide supportive services to child care

22         entities; renumbering as s. 412.661, F.S., and

23         amending s. 402.3145, F.S.; requiring the

24         Agency for Workforce Innovation, rather than

25         the Department of Children and Family Services,

26         to establish a subsidized child care

27         transportation system; requiring local school

28         readiness coalitions, rather than the state

29         community child care coordination agencies, to

30         contract for the provision of transportation

31         services; renumbering as s. 412.67, F.S., and

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         amending s. 402.315, F.S.; requiring the Agency

  2         for Workforce Innovation, rather than the

  3         Department of Children and Family Services, to

  4         bear certain licensure costs; authorizing the

  5         agency to collect fees for deposit in its trust

  6         fund; conforming cross-references; renumbering

  7         as s. 412.68, F.S., and amending s. 402.316,

  8         F.S.; requiring child care facilities claiming

  9         an exemption from licensure to notify the

10         Agency for Workforce Innovation instead of the

11         Department of Children and Family Services;

12         conforming cross-references; renumbering s.

13         402.318, F.S., as s. 412.69, F.S.; renumbering

14         as s. 412.70, F.S., and amending s. 402.319,

15         F.S.; conforming cross-references and

16         terminology to other provisions of the act;

17         creating s. 412.71, F.S.; directing local

18         school readiness coalitions to establish

19         certain fees and fee collection procedures;

20         renumbering as s. 412.72, F.S., and amending s.

21         409.178, F.S.; requiring the Florida

22         Partnership for School Readiness, rather than

23         the Department of Children and Family Services,

24         to provide staff to the Child Care Executive

25         Partnership; requiring local school readiness

26         coalitions, rather than community coordinated

27         child care agencies or the state resource and

28         referral agency, to administer certain funds,

29         to meet matching requirements, to assess fees,

30         and establish community child care task forces;

31         requiring the Florida Partnership for School

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         Readiness, rather than the Department of

  2         Children and Family Services, to develop a

  3         procedure for the disbursement of certain

  4         funds; transferring certain rulemaking

  5         authority from the Department of Children and

  6         Family Services to the Florida Partnership for

  7         School Readiness; providing for a type two

  8         transfer of the Florida Partnership for School

  9         Readiness from the Executive Office of the

10         Governor to the Agency for Workforce

11         Innovation; providing for a type two transfer

12         of subsidized child care programs from the

13         Department of Children and Family Services to

14         the Agency for Workforce Innovation; providing

15         for a type two transfer of prekindergarten,

16         migrant prekindergarten, and Florida First

17         Start programs from the Department of Education

18         to the Agency for Workforce Innovation;

19         providing for the leasing of staff to the

20         Florida Partnership for School Readiness;

21         amending ss. 39.201, 196.095, 212.08, 220.03,

22         220.19, 228.061, 229.808, 232.01, 381.0072,

23         393.0657, 400.906, 400.953, 402.164, 402.26,

24         402.45, 409.1671, 409.1757, 411.011, 411.203,

25         445.023, 624.5107, 627.70161, 893.13, 921.0022,

26         943.0585, 943.059, 985.04, 985.05, F.S.;

27         conforming cross-references; providing an

28         effective date.

29

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

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         Section 1.  Section 20.50, Florida Statutes, is amended

  2  to read:

  3         20.50  Agency for Workforce Innovation.--There is

  4  created the Agency for Workforce Innovation within the

  5  Department of Management Services. The agency shall be a

  6  separate budget entity, and the director of the agency shall

  7  be the agency head for all purposes. The agency shall not be

  8  subject to control, supervision, or direction by the

  9  Department of Management Services in any manner, including,

10  but not limited to, personnel, purchasing, transactions

11  involving real or personal property, and budgetary matters.

12         (1)  The Agency for Workforce Innovation shall ensure

13  that the state appropriately administers federal and state

14  workforce and school readiness funding by administering plans

15  and policies of Workforce Florida, Inc., and the Florida

16  Partnership for School Readiness under contract with Workforce

17  Florida, Inc. The operating budget and midyear amendments

18  thereto must be part of such contract.

19         (a)  All program and fiscal instructions to regional

20  workforce boards shall emanate from the agency pursuant to

21  plans and policies of Workforce Florida, Inc., and the

22  contract between Workforce Florida, Inc., and the agency shall

23  be responsible for all policy directions to the regional

24  boards.

25         (b)  All fiscal instructions to local school readiness

26  coalitions shall emanate from the agency pursuant to plans and

27  policies of the Florida Partnership for School Readiness and

28  the contract between the Florida Partnership for School

29  Readiness and the agency. The partnership shall provide

30  program instructions and technical assistance and approve

31  coalition plans and amendments thereto.

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (c)(b)  Unless otherwise provided by agreement with

  2  Workforce Florida, Inc., or the Florida Partnership for School

  3  Readiness, administrative and personnel policies of the Agency

  4  for Workforce Innovation shall apply.

  5         (2)  The Agency for Workforce Innovation shall be the

  6  designated administrative agency for receipt of federal

  7  workforce development grants and other federal funds,

  8  including federal school readiness funds, assigned to it for

  9  administration, and shall carry out the duties and

10  responsibilities assigned by the Governor under each federal

11  grant assigned to the agency. Funds appropriated to the agency

12  shall be a separate from those appropriated to the Department

13  of Management Services budget entity and each revenue source

14  shall be expended expend each revenue source as provided by

15  federal and state law and as provided in plans developed by

16  and agreements with Workforce Florida, Inc., or the Florida

17  Partnership for School Readiness. The agency shall prepare and

18  submit as a separate budget entity a unified budget request

19  for workforce development, in accordance with chapter 216 for,

20  and in conjunction with, Workforce Florida, Inc., and its

21  board and a unified budget request for school readiness for,

22  and as prescribed by, the Florida Partnership for School

23  Readiness. The head of the agency is the Director of Workforce

24  Innovation, who shall be appointed by the Governor. Within the

25  agency's overall organizational structure, the agency shall

26  include the following offices which shall have the specified

27  responsibilities:

28         (a)  The Office of Programs and Workforce Services

29  shall:

30         1.  Administer state merit system program staff within

31  the workforce service delivery system and the school readiness

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  system, pursuant to policies of Workforce Florida, Inc., and

  2  the Florida Partnership for School Readiness, respectively.

  3         2.  The Office shall Be responsible for delivering

  4  workforce services through the one-stop delivery system and

  5  for ensuring that participants in welfare transition programs

  6  receive case management services, diversion assistance,

  7  support services, including subsidized child care and

  8  transportation services, Medicaid services, and transition

  9  assistance to enable them to succeed in the workforce.

10

11  The office shall be directed by the Deputy Director for

12  Programs and Workforce Services, who shall be appointed by and

13  serve at the pleasure of the director.

14         (b)  The Office of Workforce Investment and

15  Accountability shall be responsible for procurement,

16  contracting, financial management, accounting, audits, and

17  verification. The office shall be directed by the Deputy

18  Director for Workforce Investment and Accountability, who

19  shall be appointed by and serve at the pleasure of the

20  director.  The office shall be responsible for:

21         1.  Establishing standards and controls for reporting

22  budgeting, expenditure, and performance information for

23  assessing outcomes, service delivery, and financial

24  administration of workforce and school readiness programs

25  pursuant to s. 445.004(5) and (9).

26         2.  Establishing monitoring, quality assurance, and

27  quality improvement systems that routinely assess the quality

28  and effectiveness of contracted programs and services.

29         3.  Annual review of each regional workforce board and

30  administrative entity to ensure adequate systems of reporting

31  and control are in place, and monitoring, quality assurance,

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  and quality improvement activities are conducted routinely,

  2  and corrective action is taken to eliminate deficiencies.

  3         (c)  The Office of Workforce Information Services shall

  4  deliver information on labor markets, employment, occupations,

  5  and performance, and shall implement and maintain information

  6  systems that are required for the effective operation of the

  7  one-stop delivery system, including, but not limited to, those

  8  systems described in s. 445.009. The office will be under the

  9  direction of the Deputy Director for Workforce Information

10  Services, who shall be appointed by and serve at the pleasure

11  of the director.  The office shall be responsible for

12  establishing:

13         1.  Information systems and controls that report

14  reliable, timely and accurate fiscal and performance data for

15  assessing outcomes, service delivery, and financial

16  administration of workforce programs pursuant to s. 445.004(5)

17  and (9).

18         2.  Information systems that support service

19  integration and case management by providing for case tracking

20  for participants in welfare transition programs.

21         (3)  The Agency for Workforce Innovation shall serve as

22  the designated agency for purposes of each federal workforce

23  development or school readiness grant assigned to it for

24  administration. The agency shall carry out the duties assigned

25  to it by the Governor, under the terms and conditions of each

26  grant. The agency shall have the level of authority and

27  autonomy necessary to be the designated recipient of each

28  federal grant assigned to it, and shall disperse such grants

29  pursuant to the plans and policies of Workforce Florida, Inc.,

30  for workforce grants and the plans and policies of the Florida

31  Partnership for School Readiness for school readiness grants.

                                  17

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  The director may, upon delegation from the Governor and

  2  pursuant to agreement with Workforce Florida, Inc., or the

  3  Florida Partnership for School Readiness, sign contracts,

  4  grants, and other instruments as necessary to execute

  5  functions assigned to the agency. Notwithstanding other

  6  provisions of law, the following federal grants and other

  7  funds are assigned for administration to the Agency for

  8  Workforce Innovation:

  9         (a)  Programs authorized under Title I of the Workforce

10  Investment Act of 1998, Pub. L. No. 105-220, except for

11  programs funded directly by the United States Department of

12  Labor under Title I, s. 167.

13         (b)  Programs authorized under the Wagner-Peyser Act of

14  1933, as amended, 29 U.S.C. ss. 49 et seq.

15         (c)  Welfare-to-work grants administered by the United

16  States Department of Labor under Title IV, s. 403, of the

17  Social Security Act, as amended.

18         (d)  Activities authorized under Title II of the Trade

19  Act of 1974, as amended, 2 U.S.C. ss. 2271 et seq., and the

20  Trade Adjustment Assistance Program.

21         (e)  Activities authorized under chapter 41 of Title 38

22  U.S.C., including job counseling, training, and placement for

23  veterans.

24         (f)  Employment and training activities carried out

25  under the Community Services Block Grant Act, 42 U.S.C. ss.

26  9901 et seq.

27         (g)  Employment and training activities carried out

28  under funds awarded to this state by the United States

29  Department of Housing and Urban Development.

30         (h)  Designated state and local program expenditures

31  under part A of Title IV of the Social Security Act for

                                  18

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  welfare transition workforce services associated with the

  2  Temporary Assistance for Needy Families Program.

  3         (i)  Programs authorized under the National and

  4  Community Service Act of 1990, 42 U.S.C. ss. 12501 et seq.,

  5  and the Service-America programs, the National Service Trust

  6  programs, the Civilian Community Corps, the Corporation for

  7  National and Community Service, the American Conservation and

  8  Youth Service Corps, and the Points of Light Foundation

  9  programs, if such programs are awarded to the state.

10         (j)  Other programs funded by federal or state

11  appropriations, as determined by the Legislature in the

12  General Appropriations Act or by law.

13         (4)  To the extent that specific appropriations are

14  provided for this purpose, the Agency for Workforce Innovation

15  shall provide or contract for training for employees of

16  administrative entities and case managers of any contracted

17  providers to ensure they have the necessary competencies and

18  skills to provide adequate administrative oversight and

19  delivery of the full array of client services pursuant to s.

20  445.006(5)(f).  Training requirements include, but are not

21  limited to:

22         (a)  Minimum skills, knowledge, and abilities required

23  for each classification of program personnel utilized in the

24  regional workforce boards' service delivery plans.

25         (b)  Minimum requirements for development of a regional

26  workforce board supported personnel training plan to include

27  preservice and inservice components.

28         (c)  Specifications or criteria under which any

29  regional workforce board may award bonus points or otherwise

30  give preference to competitive service provider applications

31  that provide minimum criteria for assuring competent case

                                  19

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  management, including, but not limited to, maximum caseload

  2  per case manager, current staff turnover rate, minimum

  3  educational or work experience requirements, and a

  4  differentiated compensation plan based on the competency

  5  levels of personnel.

  6         (d)  Minimum skills, knowledge, and abilities required

  7  for contract management, including budgeting, expenditure, and

  8  performance information related to service delivery and

  9  financial administration, monitoring, quality assurance and

10  improvement, and standards of conduct for employees of

11  regional workforce boards and administrative entities

12  specifically related to carrying out contracting

13  responsibilities.

14         Section 2.  Paragraph (a) of subsection (6) and

15  paragraph (b) of subsection (10) of section 216.136, Florida

16  Statutes, are amended to read:

17         216.136  Consensus estimating conferences; duties and

18  principals.--

19         (6)  SOCIAL SERVICES ESTIMATING CONFERENCE.--

20         (a)  Duties.--

21         1.  The Social Services Estimating Conference shall

22  develop such official information relating to the social

23  services system of the state, including forecasts of social

24  services caseloads, as the conference determines is needed for

25  the state planning and budgeting system.  Such official

26  information shall include, but not be limited to, subsidized

27  child care caseloads mandated by the Family Support Act of

28  1988.

29         2.  In addition, the Social Services Estimating

30  Conference shall develop estimates and forecasts of the

31  unduplicated count of children eligible for subsidized child

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  care as defined in s. 412.555(1) 402.3015(1).  These estimates

  2  and forecasts shall not include children enrolled in the

  3  prekindergarten early intervention program established in s.

  4  412.53 230.2305.

  5         3.  The Department of Children and Family Services and

  6  the Department of Education shall provide information on

  7  caseloads and waiting lists for the subsidized child care and

  8  prekindergarten early intervention programs requested by the

  9  Social Services Estimating Conference or individual conference

10  principals, in a timely manner.

11         4.  The Social Services Estimating Conference shall

12  develop information relating to the Florida Kidcare program,

13  including, but not limited to, outreach impacts, enrollment,

14  caseload, utilization, and expenditure information that the

15  conference determines is needed to plan for and project future

16  budgets and the drawdown of federal matching funds. The

17  agencies required to collect and analyze Florida Kidcare

18  program data under s. 409.8134 shall be participants in the

19  Social Services Estimating Conference for purposes of

20  developing information relating to the Florida Kidcare

21  program.

22         (10)  SCHOOL READINESS PROGRAM ESTIMATING CONFERENCE.--

23         (b)  Principals.--The Executive Office of the Governor,

24  the Director of Economic and Demographic Research, and

25  professional staff who have forecasting expertise from the

26  Florida Partnership for School Readiness, the Agency for

27  Workforce Innovation, the Department of Children and Family

28  Services, the Department of Education, the Senate, and the

29  House of Representatives, or their designees, are the

30  principals of the School Readiness Program Estimating

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  Conference. The principal representing the Executive Office of

  2  the Governor shall preside over sessions of the conference.

  3         Section 3.  Paragraph (o) of subsection (4) of section

  4  230.23, Florida Statutes, is amended to read:

  5         230.23  Powers and duties of school board.--The school

  6  board, acting as a board, shall exercise all powers and

  7  perform all duties listed below:

  8         (4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF

  9  SCHOOLS.--Adopt and provide for the execution of plans for the

10  establishment, organization, and operation of the schools of

11  the district, including, but not limited to, the following:

12         (o)  Early childhood and basic skills

13  development.--Provide for early childhood and basic skills

14  development through the Florida Partnership for School

15  Readiness.

16         Section 4.  Section 411.01, Florida Statutes, is

17  renumbered as section 412.51, Florida Statutes, and subsection

18  (4) and paragraphs (a), (b), (c), and (d) of subsection (5) of

19  that section are amended to read:

20         412.51 411.01  Florida Partnership for School

21  Readiness; school readiness coalitions.--

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

23         (a)  There is created the Florida Partnership for

24  School Readiness with responsibility for adopting and

25  maintaining coordinated programmatic, administrative, and

26  fiscal policies and standards for all school readiness

27  programs, while allowing a wide range of programmatic

28  flexibility and differentiation. The partnership is assigned

29  to the Agency for Workforce Innovation Executive Office of the

30  Governor for administrative purposes.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




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

  2  shall include the Lieutenant Governor, the Commissioner of

  3  Education, the Secretary of Children and Family Services, and

  4  the Secretary of Health, or their designees, and the chair of

  5  the Child Care Executive Partnership Board, and the

  6  chairperson of the Board of Directors of Workforce Florida,

  7  Inc. When the Lieutenant Governor or an agency head appoints a

  8  designee, the designee must be an individual who attends

  9  consistently, and, in the event that the Lieutenant Governor

10  or agency head and his or her designee both attend a meeting,

11  only one of them may vote.

12         2.  The partnership shall also include twelve 10

13  members of the public who shall be business, community, and

14  civic leaders in the state who are not elected to public

15  office. These members and their families must not be providers

16  in the early education and child care industry. The members

17  must be geographically and demographically representative of

18  the state. Each member shall be appointed by the Governor. Ten

19  Eight of the members shall be appointed from a list of twelve

20  10 nominees, of which six five must be submitted by the

21  President of the Senate and six five must be submitted by the

22  Speaker of the House of Representatives. Members shall be

23  appointed to 4-year terms of office. However, of the initial

24  appointees, two shall be appointed to 1-year terms, two shall

25  be appointed to 2-year terms, three shall be appointed to

26  3-year terms, and three shall be appointed to 4-year terms.

27  The members of the partnership shall elect a chairperson

28  annually from the nongovernmental members of the partnership.

29  Any vacancy on the partnership shall be filled in the same

30  manner as the original appointment.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (c)  The partnership shall meet at least quarterly but

  2  may meet as often as it deems necessary to carry out its

  3  duties and responsibilities. Members of the partnership shall

  4  participate without proxy at the quarterly meetings. The

  5  partnership may take official action by a majority vote of the

  6  members present at any meeting at which a quorum is present. A

  7  quorum shall consist of a majority of the members, plus one.

  8  The partnership shall hold its first meeting by October 1,

  9  1999.

10         (d)  Members of the partnership are subject to the

11  ethics provisions in part III of chapter 112, and no member

12  may derive any financial benefit from the funds administered

13  by the Florida Partnership for School Readiness. A member

14  shall be subject to the provisions of s. 112.3143(3)(a),

15  relating to conflicts of interest, as if such member were a

16  local officer.

17         (e)  Members of the partnership shall serve without

18  compensation but are entitled to reimbursement for per diem

19  and travel expenses incurred in the performance of their

20  duties as provided in s. 112.061, and reimbursement for other

21  reasonable, necessary, and actual expenses.

22         (f)  For the purposes of tort liability, the members of

23  the partnership and its employees shall be governed by s.

24  768.28.

25         (g)  The partnership shall appoint an executive

26  director to serve at its pleasure who shall perform the duties

27  assigned to him or her by the partnership. The executive

28  director shall be responsible for hiring, subject to the

29  approval of the partnership, all employees and staff members,

30  who shall serve under his or her direction and control.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (h)  For purposes of administration of the federal

  2  Child Care and Development Fund, 45 C.F.R. parts 98 and 99,

  3  the partnership may be designated by the Governor as the lead

  4  agency, and if so designated shall comply with the lead agency

  5  responsibilities pursuant to federal law.

  6         (i)  For purposes of administration of the Early

  7  Learning Opportunities Act and the Even Start Family Literacy

  8  Programs, pursuant to Pub. L. No. 106-554 and as defined in

  9  section 14(a) (2 U.S.C. s. 8801), the Florida Partnership for

10  School Readiness may be designated as the lead agency, is so

11  designated, and must comply with the lead agency

12  responsibilities pursuant to federal law.

13         (j)(i)  The Florida Partnership for School Readiness is

14  the principal organization responsible for the enhancement of

15  school readiness for the state's children, and shall:

16         1.  Be responsible for the prudent use of all public

17  and private funds in accordance with all legal and contractual

18  requirements.

19         2.  Provide final approval and periodic review of

20  coalitions and plans.

21         3.  Provide leadership for enhancement of school

22  readiness in this state by aggressively establishing a unified

23  approach to the state's efforts toward enhancement of school

24  readiness. In support of this effort, the partnership may

25  develop and implement specific strategies that address the

26  state's school readiness programs.

27         4.  Safeguard the effective use of federal, state,

28  local, and private resources to achieve the highest possible

29  level of school readiness for the state's children.

30         5.  Provide technical assistance to coalitions.

31         6.  Assess gaps in service.

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         7.  Provide technical assistance to counties that form

  2  a multicounty coalition.

  3         8.a.  By July 1, 2000, adopt a system for measuring

  4  school readiness that provides objective data regarding the

  5  expectations for school readiness, and establish a method for

  6  collecting the data and guidelines for using the data. The

  7  measurement, the data collection, and the use of the data must

  8  serve the statewide school readiness goal. The criteria for

  9  determining which data to collect should be the usefulness of

10  the data to state policymakers and local program

11  administrators in administering programs and allocating state

12  funds, and must include the tracking of school readiness

13  system information back to individual school readiness

14  programs to assist in determining program effectiveness.

15         b.  By December 31, 2000, the partnership shall also

16  adopt a system for evaluating the performance of students

17  through the third grade to compare the performance of those

18  who participated in school readiness programs with the

19  performance of students who did not participate in school

20  readiness programs in order to identify strategies for

21  continued successful student performance.

22         9.  By June 1, 2000, develop and adopt performance

23  standards and outcome measures.

24         10.  In consultation with the Postsecondary Education

25  Planning Commission and the Education Standards Commission,

26  assess the expertise of public and private Florida

27  postsecondary institutions in the areas of infant and toddler

28  developmental research; the related curriculum of training,

29  career, and academic programs; and the status of articulation

30  among those programs. Based on this assessment, the

31  partnership shall provide recommendations to the Governor and

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  the Legislature for postsecondary program improvements to

  2  enhance school readiness initiatives.

  3         (k)(j)  The partnership, through the Agency for

  4  Workforce Innovation, may adopt rules necessary to administer

  5  the provisions of this section which relate to preparing and

  6  implementing the system for school readiness, collecting data,

  7  approving local school readiness coalitions and plans,

  8  providing a method whereby a coalition can serve two or more

  9  counties, awarding incentives to coalitions, and issuing

10  waivers.

11         (l)(k)  The Florida Partnership for School Readiness

12  shall have all powers necessary to carry out the purposes of

13  this section, including, but not limited to, the power to

14  receive and accept grants, loans, or advances of funds from

15  any public or private agency and to receive and accept from

16  any source contributions of money, property, labor, or any

17  other thing of value, to be held, used, and applied for the

18  purposes of this section.

19         (m)(l)  The Florida Partnership for School Readiness

20  shall be an independent, nonpartisan body and shall not be

21  identified or affiliated with any one agency, program, or

22  group.

23         (n)(m)  The Florida Partnership for School Readiness

24  shall have a budget, shall be financed through an annual

25  appropriation made to the Agency for Workforce Innovation for

26  this purpose in the General Appropriations Act, and shall be

27  subject to compliance audits and annual financial audits by

28  the Auditor General.

29         (o)(n)  The partnership shall coordinate the efforts

30  toward school readiness in this state and provide independent

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  policy analyses and recommendations to the Governor, the State

  2  Board of Education, and the Legislature.

  3         (p)(o)  By July 1, 2000, the partnership shall prepare

  4  and submit to the State Board of Education a system for

  5  measuring school readiness. The system must include a uniform

  6  screening, which shall provide objective data regarding the

  7  following expectations for school readiness which shall

  8  include, at a minimum:

  9         1.  The child's immunizations and other health

10  requirements as necessary, including appropriate vision and

11  hearing screening and examinations.

12         2.  The child's physical development.

13         3.  The child's compliance with rules, limitations, and

14  routines.

15         4.  The child's ability to perform tasks.

16         5.  The child's interactions with adults.

17         6.  The child's interactions with peers.

18         7.  The child's ability to cope with challenges.

19         8.  The child's self-help skills.

20         9.  The child's ability to express his or her needs.

21         10.  The child's verbal communication skills.

22         11.  The child's problem-solving skills.

23         12.  The child's following of verbal directions.

24         13.  The child's demonstration of curiosity,

25  persistence, and exploratory behavior.

26         14.  The child's interest in books and other printed

27  materials.

28         15.  The child's paying attention to stories.

29         16.  The child's participation in art and music

30  activities.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         17.  The child's ability to identify colors, geometric

  2  shapes, letters of the alphabet, numbers, and spatial and

  3  temporal relationships.

  4         (q)(p)  The partnership shall prepare a plan for

  5  implementing the system for measuring school readiness in such

  6  a way that all children in this state will undergo the uniform

  7  screening established by the partnership when they enter

  8  kindergarten. Children who enter public school for the first

  9  time in first grade must undergo a uniform screening approved

10  by the partnership for use in first grade. Because children

11  with disabilities may not be able to meet all of the

12  identified expectations for school readiness, the plan for

13  measuring school readiness shall incorporate mechanisms for

14  recognizing the potential variations in expectations for

15  school readiness when serving children with disabilities and

16  shall provide for communities to serve children with

17  disabilities.

18         (r)(q)  The partnership shall recommend to the

19  Governor, the Commissioner of Education, and the State Board

20  of Education rules, and revisions or repeal of rules, which

21  would increase the effectiveness of programs that prepare

22  children for school.

23         (s)(r)  The partnership shall conduct studies and

24  planning activities related to the overall improvement and

25  effectiveness of school readiness measures.

26         (t)(s)  By February 1, 2000, the partnership shall work

27  with the Office of the Comptroller for electronic funds

28  transfer.

29         (u)(t)  By February 1, 2000, the partnership shall

30  present to the Legislature a plan for combining funding

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  streams for school readiness programs into a School Readiness

  2  Trust Fund.

  3         (v)(u)  The partnership shall prepare a long-range

  4  program plan consistent with s. 216.013 for establish

  5  procedures for performance-based budgeting in school readiness

  6  programs.

  7         (w)(v)  The partnership shall submit an annual report

  8  of its activities to the Governor, the executive director of

  9  the Florida Healthy Kids Corporation, the President of the

10  Senate, the Speaker of the House of Representatives, and the

11  minority leaders of both houses of the Legislature. In

12  addition, the partnership's reports and recommendations shall

13  be made available to the State Board of Education, other

14  appropriate state agencies and entities, district school

15  boards, central agencies for child care, and county health

16  departments. The annual report must provide an analysis of

17  school readiness activities across the state, including the

18  number of children who were served in the programs and the

19  number of children who were ready for school.

20         (x)(w)  The partnership shall work with school

21  readiness coalitions to increase parents' training for and

22  involvement in their children's preschool education and to

23  provide family literacy activities and programs.

24

25  To ensure that the system for measuring school readiness is

26  comprehensive and appropriate statewide, as the system is

27  developed and implemented, the partnership must consult with

28  representatives of district school systems, providers of

29  public and private child care, health care providers, large

30  and small employers, experts in education for children with

31  disabilities, and experts in child development.

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




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

  2         (a)  School readiness coalitions.--

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

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

  5  join with another county to form a multicounty coalition,

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

  7  coalition, or demonstrate to the partnership its ability to

  8  effectively and efficiently implement its plan as a

  9  single-county coalition and meet all required performance

10  standards and outcome measures.

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

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

13         a.  A Department of Children and Family Services

14  district administrator or his or her designee who is

15  authorized to make decisions on behalf of the department.

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

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

18  district.

19         c.  A regional workforce development board chair or

20  director, where applicable.

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

22  designee.

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

24  board chair or executive director, if applicable.

25         f.  A child care licensing agency head.

26         g.  One member appointed by a Department of Children

27  and Family Services district administrator.

28         g.h.  One member appointed by a board of county

29  commissioners.

30         h.i.  One member appointed by a district school board.

31         i.j.  A central child care agency administrator.

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         j.k.  A Head Start director.

  2         k.l.  A representative of private child care providers.

  3         l.m.  A representative of faith-based child care

  4  providers.

  5

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

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

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

  9  meet this requirement a coalition must appoint additional

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

11  a chamber of commerce or economic development council within

12  the geographic area of the coalition.

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

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

15  coalition meetings, but that representative will have no

16  voting privileges. When a district superintendent of schools

17  or a district administrator for the Department of Children and

18  Family Services appoints a designee to a school readiness

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

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

21  including the district administrator or superintendent, will

22  have no voting privileges.

23         4.  The school readiness coalition shall replace the

24  district interagency coordinating council formerly required

25  under s. 230.2305.

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

27  provisions in part III of chapter 112.

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

29  the school readiness coalition and its employees shall be

30  governed by s. 768.28.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         7.  A member of a local school readiness coalition is

  2  subject to the provisions of s. 112.3143(3)(a), relating to

  3  conflicts of interest, as if such member were a local officer.

  4         8.7.  Multicounty coalitions shall include

  5  representation from each county.

  6         9.8.  The terms of all appointed members of the

  7  coalition must be staggered. Appointed members may serve a

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

  9  position, the coalition must advertise the vacancy.

10         (b)  Program participation.--The school readiness

11  program shall be established for children from birth to 5

12  years of age or until the child enters kindergarten. The

13  program may also include services for eligible school-age

14  children pursuant to s. 412.555. The program shall be

15  administered by the school readiness coalition. Within funding

16  limitations, the school readiness coalition, along with all

17  providers, shall make reasonable efforts to accommodate the

18  needs of children for extended-day and extended-year services

19  without compromising the quality of the program.

20         (c)  Program expectations.--

21         1.  The school readiness program must meet the

22  following expectations:

23         a.  The program must prepare preschool children to

24  enter kindergarten ready to learn, as measured by criteria

25  established by the Florida Partnership for School Readiness.

26         b.  The program must provide extended-day and

27  extended-year services to the maximum extent possible to meet

28  the needs of parents who work.

29         c.  There must be coordinated staff development and

30  teaching opportunities.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         d.  There must be expanded access to community services

  2  and resources for families to help achieve economic

  3  self-sufficiency.

  4         e.  There must be a single point of entry and unified

  5  waiting list.

  6         f.  As long as funding or eligible populations do not

  7  decrease, the program must serve at least as many children as

  8  were served prior to implementation of the program.

  9         g.  There must be a community plan to address the needs

10  of all eligible children.

11         h.  The program must meet all state licensing

12  guidelines, where applicable.

13         2.  The school readiness coalition must implement a

14  comprehensive program of readiness services that enhance the

15  cognitive, social, and physical development of children to

16  achieve the performance standards and outcome measures

17  specified by the partnership.  At a minimum, these programs

18  must contain the following elements:

19         a.  Developmentally appropriate curriculum.

20         b.  A character development program to develop basic

21  values.

22         c.  An age-appropriate assessment of each child's

23  development.

24         d.  A screening pretest administered to children when

25  they enter a program and an assessment a posttest administered

26  to children when they leave the program, pursuant to ss.

27  412.562 and 412.563.

28         e.  An appropriate staff-to-child ratio.

29         f.  A healthful and safe environment.

30         g.  A resource and referral network to assist parents

31  in making an informed choice.

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (d)  Implementation.--

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

  3  Until the coalition implements its plan, the county shall

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

  5  through the various agencies that would be responsible for

  6  delivering those services under current law.  Plan

  7  implementation is subject to approval of the coalition and the

  8  plan by the Florida Partnership for School Readiness.

  9         2.  Each school readiness coalition shall develop a

10  plan for implementing the school readiness program to meet the

11  requirements of this section and the performance standards and

12  outcome measures established by the partnership. The plan must

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

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

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

16  to involve the prekindergarten early intervention programs,

17  Head Start Programs, programs offered by public or private

18  providers of child care, preschool programs for children with

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

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

21  plan must also demonstrate how the program will ensure that

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

23  school readiness program receives scheduled activities and

24  instruction designed to prepare children to enter kindergarten

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

26  school readiness coalition must submit the plan to the

27  partnership for approval. The partnership may approve the

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

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

30         3.  The plan for the school readiness program must

31  include the following minimum standards and provisions:

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         a.  A sliding fee scale establishing a copayment for

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

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

  4  program's budget.

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

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

  7  provided to parents.

  8         c.  Instructional staff who have completed the training

  9  course as required in s. 412.57(2)(d)1. 402.305(2)(d)1., as

10  well as staff who have additional training or credentials as

11  required by the respective program provider. The plan must

12  provide a method for assuring the qualifications of all

13  personnel in all program settings.

14         d.  Specific eligibility priorities for children within

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

16         e.  Performance standards and outcome measures

17  established by the partnership or alternatively, standards and

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

19  adopts such standards and outcome measures.

20         f.  Reimbursement rates that have been developed by the

21  coalition.

22         g.  Systems support services, including a central

23  agency, child care resource and referral, eligibility

24  determinations, training of providers, and parent support and

25  involvement.

26         h.  Direct enhancement services to families and

27  children. System support and direct enhancement services shall

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

29  school readiness programs.

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

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

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  legally established corporate entity. Coalitions may contract

  2  with other coalitions to achieve efficiency in multiple-county

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

  4  business plan.

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

  6  such as migrant workers.

  7

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

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

10  Head Start Program to accomplish the purposes of the school

11  readiness program.  If any school readiness plan can

12  demonstrate that specific statutory goals can be achieved more

13  effectively by using procedures that require modification of

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

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

16  Upon review, the partnership may grant the proposed

17  modification.

18         4.  Persons with an early childhood teaching

19  certificate may provide support and supervision to other staff

20  in the school readiness program.

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

22  submits the plan to and receives approval from the

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

24  services provided under the plan shall be controlled by the

25  coalition rather than by the state agencies or departments.

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

27  least biennially.

28         6.  The following statutes will not apply to local

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

30  228.061(1) and (2), 412.54 230.2306, 411.221, 411.222, and

31  411.232. To facilitate innovative practices and to allow local

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  establishment of school readiness programs, a school readiness

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

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

  4  provisions of ss. 412.52, 412.53 230.2303, 230.2305,

  5  230.23166, 412.555 402.3015, 411.223, and 411.232, if the

  6  waiver is necessary for implementation of the coalition's

  7  school readiness plan.

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

  9  planning and implementing a school readiness program.

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

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

12  subsidized child care funds for all children eligible for any

13  federal subsidized child care program and be the provider of

14  the program services.

15         9.  Coalitions are authorized to enter into multiparty

16  contracts with multicounty service providers in order to meet

17  the needs of unique populations such as migrant workers.

18         Section 5.  Section 230.2303, Florida Statutes, is

19  renumbered as section 412.52, Florida Statutes, and

20  subsections (1), (2), (3), (5), (6), (7), (8), and (9) and

21  paragraphs (a), (f), (g), (h), and (i) of subsection (4) of

22  that section are amended to read:

23         412.52 230.2303  Florida First Start Program.--

24         (1)  LEGISLATIVE INTENT; PURPOSE.--The Legislature

25  recognizes that the years of a child's life between birth and

26  the third birthday are critical for fostering intellectual

27  ability, language competence, physical development, and social

28  skills. The Florida First Start Program is intended as a

29  home-school partnership designed to give children with

30  disabilities and children at risk of future school failure the

31  best possible start in life and to support parents in their

                                  38

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  role as the children's first teachers. The purpose of the

  2  program is to assist parents to achieve their own goals for

  3  education and self-sufficiency and to teach parents how to

  4  foster their child's development in the crucial early years of

  5  life.  The program must assist local school readiness

  6  coalitions school districts in providing early, high-quality

  7  parent education and support services that enable the parents

  8  to enhance their children's intellectual, language, physical,

  9  and social development, thus maximizing the children's overall

10  progress during the first 3 years of life, laying the

11  foundation for future school success, and minimizing the

12  development of disabilities and developmental problems which

13  interfere with learning.

14         (2)  PROGRAM.--There is hereby created the Florida

15  First Start Program for children from birth to 3 years of age

16  and their parents.  The program must be administered,

17  implemented, and conducted by local school readiness

18  coalitions school districts pursuant to the approved school

19  readiness plan a plan developed and approved as provided in

20  this section.

21         (3)  PLAN.--Each local school readiness coalition board

22  may include the submit to the Commissioner of Education a plan

23  for conducting a Florida First Start Program in its school

24  readiness plan.  Each plan and subsequent amended plan shall

25  be developed in cooperation with the district interagency

26  coordinating council on early childhood services established

27  pursuant to s. 230.2305 and the Interagency Prekindergarten

28  Council for Children with Disabilities, and shall be approved

29  by the commissioner. If a local district school readiness

30  coalition's board's plan includes a Florida First Start

31  Program, it must be designed to serve children from birth to 3

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  years of age who are disabled or at risk of future school

  2  failure and to serve their parents.  For the purposes of this

  3  section, the term "children with disabilities or at risk of

  4  future school failure" includes any child who has one or more

  5  of the characteristics described in s. 411.202(9).

  6         (4)  PLAN APPROVAL.--To be considered for approval,

  7  each plan, or amendment to a plan, must be based on current

  8  research findings regarding the growth and development of

  9  infants and young children and must include the following

10  program components:

11         (a)  The establishment of parent resource centers

12  located in the area served by the coalition neighborhood

13  schools.  Parent resource centers may be established in

14  cooperation with and jointly funded through the community

15  education program established pursuant to s. 239.401.

16         (f)  Assurances that each coalition school parent

17  resource center shall be staffed by a coordinator trained in

18  parent education and holding a bachelor's degree from an

19  accredited institution with a major in early childhood

20  education, child development, child psychology, home

21  economics, social work, or nursing.

22         (g)  A method for training parent educators and for

23  recruiting parent educators from among the families in the

24  coalition's school's attendance zone.  Training for parent

25  educators shall include, but not be limited to, child growth

26  and development, health, safety, nutrition, identifying and

27  reporting child abuse and neglect, developmentally appropriate

28  activities for young children, and avoidance of income-based,

29  race-based, and gender-based stereotyping.

30         (h)  An inservice staff development component,

31  including arrangements for staff access to child development

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  associate certificate training or its equivalent and,

  2  coordination with local teacher education centers established

  3  under s. 231.603, and integration with district master

  4  inservice plans required under s. 236.0811.

  5         (i)  Coordination with other school readiness district

  6  prekindergarten early intervention programs and other programs

  7  serving preschool children and their families.

  8         (5)  EVALUATION.--Each local school readiness coalition

  9  district shall conduct an evaluation of the effectiveness of

10  the program.  This evaluation must include assessment of the

11  children's behavior, growth and development, and achievement;

12  the parents' success in meeting their own goals for education

13  and self-sufficiency; and the parents' continued involvement

14  with the education of their children.  The results of this

15  evaluation must be maintained by the local school readiness

16  coalition district and made available to the public upon

17  request.

18         (6)  MONITORING AND TECHNICAL ASSISTANCE.--The Florida

19  Partnership for School Readiness, with the assistance of the

20  Agency for Workforce Innovation, commissioner shall monitor

21  each local district program at least annually to determine

22  compliance with the coalition district plan and the provisions

23  of this section.  The agency department shall develop manuals

24  and guidelines for the development of coalition district plans

25  and shall provide technical assistance to ensure that each

26  coalition district program maintains high standards of quality

27  and effectiveness.  The partnership department shall identify

28  exemplary programs in the state to serve as model Florida

29  First Start Programs and shall disseminate information on

30  these programs to all coalitions districts.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (7)  ANNUAL REPORT.--Each local district school

  2  readiness coalition board that implements a program under this

  3  section shall include information about the program in its,

  4  with the assistance of the district interagency coordinating

  5  council on early childhood services, submit an annual report

  6  of its program to the Florida Partnership for School Readiness

  7  commissioner.  The report must describe the overall program

  8  operations, activities of the district interagency

  9  coordinating council, expenditures, the number of children

10  served, staff training and qualifications, and evaluation

11  findings.

12         (8)  COORDINATION.--

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

14  under the jurisdiction of the State Coordinating Council for

15  School Readiness Programs established pursuant to s. 411.222.

16  The council shall make recommendations for effective

17  implementation of the program and shall advise the Department

18  of Education on needed legislation, rules, and technical

19  assistance to ensure the continued implementation of an

20  effective program.

21         (b)  Each school district shall develop, implement, and

22  evaluate its program in cooperation with the district

23  interagency coordinating council established under s.

24  230.2305.

25         (8)(9)  FUNDING.--Funding for the Florida First Start

26  Program must be determined annually in the General

27  Appropriations Act.

28         Section 6.  Section 230.2305, Florida Statutes, is

29  renumbered as section 412.53, Florida Statutes, and amended to

30  read:

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         412.53 230.2305  Prekindergarten early intervention

  2  program.--

  3         (1)  LEGISLATIVE INTENT; PURPOSE.--The Legislature

  4  recognizes that high-quality prekindergarten education

  5  programs increase children's chances of achieving future

  6  educational success and becoming productive members of

  7  society.  It is the intent of the Legislature that such

  8  programs be developmental, serve as preventive measures for

  9  children at risk of future school failure, enhance the

10  educational readiness of all children, and support family

11  education and the involvement of parents in their child's

12  educational progress.  Each prekindergarten early intervention

13  program shall provide the elements necessary to prepare

14  children for school, including health screening and referral

15  and a developmentally appropriate educational program and

16  opportunities for parental involvement in the program. It is

17  the legislative intent that the prekindergarten early

18  intervention program not exist as an isolated program, but

19  build upon existing services and work in cooperation with

20  other programs for young children.  It is intended that

21  procedures such as, but not limited to, contracting,

22  collocation, mainstreaming, and cooperative funding be used to

23  coordinate the program with local school readiness coalitions,

24  Head Start, public and private providers of child care,

25  preschool programs for children with disabilities, programs

26  for migrant children, Chapter I, subsidized child care, adult

27  literacy programs, and other services. It is further the

28  intent of the Legislature that the Commissioner of Education

29  seek the advice of the Secretary of Children and Family

30  Services in the development and implementation of the

31  prekindergarten early intervention program and the

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  coordination of services to young children.  The purpose of

  2  the prekindergarten early intervention program is to assist

  3  local communities in implementing programs that will enable

  4  all the families and children in the coalition service area

  5  school district to be prepared for the children's success in

  6  school.

  7         (2)  ELIGIBILITY.--There is hereby created the

  8  prekindergarten early intervention program for children who

  9  are 3 and 4 years of age.  A prekindergarten early

10  intervention program shall be administered by a district

11  school board and shall receive state funds pursuant to

12  subsection (6). Each public school district shall make

13  reasonable efforts to accommodate the needs of children for

14  extended day and extended year services without compromising

15  the quality of the 6-hour, 180-day program.  The school

16  district shall report on such efforts. School district

17  participation in the prekindergarten early intervention

18  program shall be at the discretion of each school district.

19         (a)  At least 75 percent of the children projected to

20  be served by the district program shall be economically

21  disadvantaged 4-year-old children of working parents,

22  including migrant children or children whose parents

23  participate in the welfare transition program. Other children

24  projected to be served by the district program may include any

25  of the following up to a maximum of 25 percent of the total

26  number of children served:

27         1.  Three-year-old and four-year-old children who are

28  referred to the school system who may not be economically

29  disadvantaged but who are abused, prenatally exposed to

30  alcohol or harmful drugs, or from foster homes, or who are

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  marginal in terms of Exceptional Student Education placement,

  2  but who are not necessarily economically disadvantaged.

  3         2.  Three-year-old children and four-year-old children

  4  who may not be economically disadvantaged but who are eligible

  5  students with disabilities and served in an exceptional

  6  student education program with required special services,

  7  aids, or equipment, but who are not necessarily economically

  8  disadvantaged and who are reported for partial funding in the

  9  K-12 Florida Education Finance Program.  These students may be

10  funded from prekindergarten early intervention program funds

11  the portion of the time not funded by the K-12 Florida

12  Education Finance Program for the actual instructional time or

13  one full-time equivalent student membership, whichever is the

14  lesser. These students with disabilities shall be counted

15  toward the 25-percent student limit based on full-time

16  equivalent student membership funded part-time by

17  prekindergarten early intervention program funds. Also,

18  3-year-old or 4-year-old eligible students with disabilities

19  who are reported for funding in the K-12 Florida Education

20  Finance Program in an exceptional student education program as

21  provided in s. 236.081(1)(c) may be mainstreamed in the

22  prekindergarten early intervention program if such programming

23  is reflected in the student's individual educational plan; if

24  required special services, aids, or equipment are provided;

25  and if there is no operational cost to prekindergarten early

26  intervention program funds.  Exceptional education students

27  who are reported for maximum K-12 Florida Education Finance

28  Program funding and who are not reported for early

29  intervention funding shall not count against the 75-percent or

30  25-percent student limit as stated in this paragraph.

31         3.  Economically disadvantaged 3-year-old children.

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         4.  Economically disadvantaged children, children with

  2  disabilities, and children at risk of future school failure,

  3  from birth to age four, who are served at home through home

  4  visitor programs and intensive parent education programs such

  5  as the Florida First Start Program.

  6         5.  Children who meet federal and state requirements

  7  for eligibility for the migrant preschool program but who do

  8  not meet the criteria of "economically disadvantaged" as

  9  defined in paragraph (b), who shall not pay a fee.

10         6.  After the groups listed in subparagraphs 1., 2.,

11  3., and 4. have been served, 3-year-old and 4-year-old

12  children who are not economically disadvantaged and for whom a

13  fee is paid for the children's participation.

14         (b)  An "economically disadvantaged" child shall be

15  defined as a child eligible to participate in the free lunch

16  program.  Notwithstanding any change in a family's economic

17  status or in the federal eligibility requirements for free

18  lunch, a child who meets the eligibility requirements upon

19  initial registration for the program shall be considered

20  eligible until the child reaches kindergarten age.  In order

21  to assist the school district in establishing the priority in

22  which children shall be served, and to increase the efficiency

23  in the provision of child care services in each district, the

24  district shall enter into a written collaborative agreement

25  with other publicly funded early education and child care

26  programs within the district. Such agreement shall be

27  facilitated by the interagency coordinating council and shall

28  set forth, among other provisions, the measures to be

29  undertaken to ensure the programs' achievement and compliance

30  with the performance standards established in subsection (3)

31  and for maximizing the public resources available to each

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  program.  In addition, the central agency for state-subsidized

  2  child care or the local service district of the Department of

  3  Children and Family Services shall provide the school district

  4  with an updated list of 3-year-old and 4-year-old children

  5  residing in the school district who are on the waiting list

  6  for state-subsidized child care.

  7         (3)  STANDARDS.--

  8         (a)  Publicly supported preschool programs, including

  9  prekindergarten early intervention, subsidized child care,

10  teen parent programs, Head Start, migrant programs, and

11  Chapter I programs shall employ a simplified point of entry to

12  the child care services system in every community.  These

13  programs shall share the waiting lists for unserved children

14  in the community so that a count of eligible children is

15  maintained without duplications.

16         (b)  The Florida Partnership for School Readiness, in

17  cooperation with the Department of Education and the

18  Department of Children and Family Services and, in

19  consultation with the Legislature, shall develop a minimum set

20  of performance standards for publicly funded early education

21  and child care programs and a method for measuring the

22  progress of local school districts and central agencies in

23  meeting a desired set of outcomes based on these performance

24  measures.  The defined outcomes must be consistent with the

25  state's first education goal, readiness to start school, and

26  must also consider efficiency measures such as the employment

27  of a simplified point of entry to the child care services

28  system, coordinated staff development programs, and other

29  efforts within the state to increase the opportunity for

30  welfare recipients to become self-sufficient.  Performance

31  standards shall be developed for all levels of administration

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  of the programs, including individual programs and providers,

  2  and must incorporate appropriate expectations for the type of

  3  program and the setting in which care is provided.

  4         (c)  The program curriculum must be developmentally

  5  appropriate according to current nationally recognized

  6  recommendations for high-quality prekindergarten programs.

  7         (d)  A local school readiness coalition shall School

  8  districts may establish a sliding fee scale for participants.

  9         (e)  The ratio of direct instructional staff to

10  children must be 1 adult to 10 children, or a lower ratio.

11  Upon written request from a local school readiness coalition

12  district, the Florida Partnership for School Readiness

13  commissioner may grant permission for a ratio of up to 1 adult

14  to 15 children for individual schools or centers for which a

15  1-to-10 ratio is would not be feasible.

16         (f)  All staff must meet the following minimum

17  requirements:

18         1.  The minimum level of training is to be the

19  completion of a 30-clock-hour training course planned jointly

20  by the Florida Partnership for School Readiness, the

21  Department of Education, and the Department of Children and

22  Family Services to include the following areas: state and

23  local rules that govern child care, health, safety, and

24  nutrition; identification and reporting report of child abuse

25  and neglect; child growth and development; use of

26  developmentally appropriate early childhood curricula; and

27  avoidance of income-based, race-based, and gender-based

28  stereotyping.

29         2.  When individual programs classrooms are staffed by

30  certified teachers, those teachers must be certified for the

31  appropriate grade levels under s. 231.17 and State Board of

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  Education rules.  Teachers who are not certified for the

  2  appropriate grade levels must obtain proper certification

  3  within 2 years. However, the commissioner may make an

  4  exception on an individual basis when the requirements are not

  5  met because of serious illness, injury, or other

  6  extraordinary, extenuating circumstance.

  7         3.  When individual programs classrooms are staffed by

  8  noncertified teachers, there must be a program director or

  9  lead teacher who is eligible for certification or certified

10  for the appropriate grade levels pursuant to s. 231.17 and

11  State Board of Education rules in regularly scheduled direct

12  contact with each classroom. Notwithstanding s. 231.15, such

13  classrooms must be staffed by at least one person who has, at

14  a minimum, a child development associate credential (CDA) or

15  an amount of training determined by the commissioner to be

16  equivalent to or to exceed the minimum, such as an associate

17  in science degree in the area of early childhood education.

18         4.  Principals and other school district Administrative

19  and supervisory personnel with direct responsibility for the

20  program must demonstrate knowledge of prekindergarten

21  education programs that increase children's chances of

22  achieving future educational success and becoming productive

23  members of society in a manner established by the State Board

24  of Education by rule.

25         5.  All personnel who are not certified under s. 231.17

26  must comply with screening requirements under s. 231.02.

27         (g)  Student participation must be contingent upon

28  parental involvement. The parental involvement activities

29  integral to the program must include program site-based

30  parental activities designed to fully involve parents in the

31  program and may include parenting education, home visitation

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  visitor activities, family support services coordination, and

  2  other activities.

  3         (h)  Services are to be provided during a school day

  4  and school year equal to or exceeding the requirements for

  5  kindergarten under ss. 228.041 and 236.013. Strategies to

  6  provide care before school, after school, and 12 months a

  7  year, when needed, must be developed by the local school

  8  coalition district in cooperation with the central agency for

  9  state-subsidized child care or the local service district of

10  the Department of Children and Family Services and the

11  district interagency coordinating council.  Programs may be

12  provided on Saturdays and through other innovative scheduling

13  arrangements.

14         (i)  The school district must make efforts to meet the

15  first state education goal, readiness to start school,

16  including the involvement of nonpublic schools, public and

17  private providers of day care and early education, and other

18  community agencies that provide services to young children.

19  This may include private child care programs, subsidized child

20  care programs, and Head Start programs. A written description

21  of these efforts must be provided to the district interagency

22  coordinating council on early childhood services.

23         (i)(j)  Parents must be provided an option regarding a

24  child's participation at a school-based site or among

25  contracted sites, when such an option is appropriate and

26  within the coalition service area school district.  The local

27  school readiness coalition district may consider availability

28  of sites, transportation, staffing ratios, costs, and other

29  factors in determining the assignment and setting coalition

30  district guidelines. Parents may request and be assigned a

31  site other than one first assigned by the coalition district,

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  provided the parents pay the cost of transporting the child to

  2  the site of the parents' choice.

  3         (j)(k)  The local school readiness coalition or its

  4  designee district must coordinate with the central agency for

  5  state-subsidized child care or the local service district of

  6  the Department of Children and Family Services to verify

  7  family participation in the welfare transition program, thus

  8  ensuring accurate reporting and full utilization of federal

  9  funds available through the Family Support Act, and for the

10  agency's or service district's sharing of the waiting list for

11  state-subsidized child care under paragraph (a).

12         (4)  EVALUATION.--Each local school readiness coalition

13  district shall conduct an evaluation of the effectiveness of

14  the prekindergarten early intervention program.  This

15  evaluation shall include measures of the following:

16         (a)  The children's achievement as measured by

17  assessments upon entry into the program and upon completion of

18  the program; and

19         (b)  The children's readiness for kindergarten as

20  measured by the instrument the district uses to assess the

21  school readiness of all children entering kindergarten. The

22  results of this evaluation must be maintained by the Florida

23  Partnership for School Readiness school district and made

24  available to the public upon request.

25         (5)  ANNUAL REPORT.--Each local school readiness

26  coalition that implements a prekindergarten early intervention

27  program under this section shall submit an annual report of

28  its program to the Florida Partnership for School Readiness

29  district interagency coordinating council on early childhood

30  services. The report must describe the overall program

31  operations; activities of the district interagency

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  coordinating council on early childhood services;

  2  expenditures; the number of students served; ratio of staff to

  3  children; staff qualifications; evaluation findings, including

  4  identification of program components that were most

  5  successful; and other information required by the partnership

  6  council or the state advisory council.

  7         (6)  FUNDING.--

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

  9  extent that funding is available.  State funds appropriated

10  for the prekindergarten early intervention program may not be

11  used for the construction of new facilities, the

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

13  be used for educational field trips which enhance the

14  curriculum.

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

16  each school readiness coalition under this section must be

17  used for implementing and conducting a prekindergarten early

18  intervention program or contracting with other public or

19  nonpublic entities for programs to serve eligible children.

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

21  to be designated annually by the Florida Partnership for

22  School Readiness.

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

24  each school readiness coalition under this section may be used

25  to enhance existing public and nonpublic programs for eligible

26  children, to provide before-school and after-school care for

27  children served under this section, to remodel or renovate

28  existing facilities under chapter 235, to lease or

29  lease-purchase facilities, to purchase classroom equipment to

30  allow the implementation of the prekindergarten early

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  intervention program, and to provide training for program

  2  teachers and administrative personnel.

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

  4  and 2. to provide the prekindergarten early intervention

  5  program for more than 180 school days.

  6         (b)  A minimum grant for each school readiness

  7  coalition is to be determined annually by the Florida

  8  Partnership for School Readiness. The funds remaining after

  9  allocating the minimum grants must be prorated based on an

10  allocation factor for each coalition and must be added to each

11  coalition's minimum grant. The allocation factor is to be

12  calculated as follows:

13

14  Coalition percentage           School district

15  of state 3-year-old  x  1/4   +percentage           x  3/4

16  and 4-year-old                 of state total free

17  children                       lunches served

18

19  The calculation of each coalition's allocation factor is to be

20  based upon the official estimate of the total number of

21  3-year-old and 4-year-old children by the school district or

22  districts in the coalition's service area and the official

23  record of the Department of Education for K-12 student total

24  free lunches served by the school district for the prior

25  fiscal year. For the fiscal year beginning July 1, 2000,

26  nothing in this section shall be construed to limit the

27  Department of Education's authority to distribute funds under

28  this program to local school districts if the local school

29  district is authorized by the local school readiness coalition

30  plan to be the provider.

31         (7)  DISTRICT INTERAGENCY COORDINATING COUNCILS.--

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (a)  To be eligible for a prekindergarten early

  2  intervention program, each school district must develop,

  3  implement, and evaluate its prekindergarten program in

  4  cooperation with a district interagency coordinating council

  5  on early childhood services.

  6         (b)  Each district coordinating council must consist of

  7  at least 12 members to be appointed by the district school

  8  board, the county commission for the county in which

  9  participating schools are located, and the Department of

10  Children and Family Services' district administrator and must

11  include at least the following:

12         1.  One member who is a parent of a child enrolled in,

13  or intending to enroll in, the public school prekindergarten

14  program, appointed by the school board.

15         2.  One member who is a director or designated director

16  of a prekindergarten program in the district, appointed by the

17  school board.

18         3.  One member who is a member of a district school

19  board, appointed by the school board.

20         4.  One member who is a representative of an agency

21  serving children with disabilities, appointed by the

22  Department of Children and Family Services' district

23  administrator.

24         5.  Four members who are representatives of

25  organizations providing prekindergarten educational services,

26  one of whom is a representative of a Head Start Program,

27  appointed by the Department of Children and Family Services'

28  district administrator; one of whom is a representative of a

29  Title XX subsidized child day care program, if such programs

30  exist within the county, appointed by the Department of

31  Children and Family Services' district administrator; and two

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  of whom are private providers of preschool care and education

  2  to 3-year-old and 4-year-old children, one appointed by the

  3  county commission and one appointed by the Department of

  4  Children and Family Services' district administrator. If there

  5  is no Head Start Program or Title XX program operating within

  6  the county, these two members must represent community

  7  interests in prekindergarten education.

  8         6.  Two members who are representatives of agencies

  9  responsible for providing social, medical, dental, adult

10  literacy, or transportation services, one of whom represents

11  the county health department, both appointed by the county

12  commission.

13         7.  One member to represent a local child advocacy

14  organization, appointed by the Department of Children and

15  Family Services' district administrator.

16         8.  One member to represent the district K-3 program,

17  appointed by the school board.

18         (c)  Each district interagency coordinating council

19  shall:

20         1.  Assist district school boards in developing a plan

21  or an amended plan to implement a prekindergarten early

22  intervention program.  The plan and all amendments must be

23  signed by the council chair, the chair of the district school

24  board, and the district school superintendent.

25         2.  Coordinate the delivery of educational, social,

26  medical, child care, and other services.

27         Section 7.  Section 230.2306, Florida Statutes, is

28  renumbered as section 412.54, Florida Statutes, and amended to

29  read:

30

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         412.54 230.2306  Prekindergarten children service needs

  2  assessments; reports; reasonable efforts by local school

  3  readiness coalition district.--

  4         (1)  In each coalition service area county, the local

  5  school readiness coalition district school board, the central

  6  child care agency, the Head Start program, and a private

  7  provider of preschool services, in cooperation with the

  8  district interagency coordinating council established under s.

  9  230.2305, shall:

10         (a)  Assess the service needs of all preschool children

11  who are eligible for school readiness services subsidized

12  child care to identify those who require services beyond the

13  current 6-hour, 180-day prekindergarten program.

14         (b)  Determine how many children are eligible for

15  school readiness programs for 3-year-olds and 4-year-olds

16  prekindergarten programs, but are not enrolled because the

17  hours of availability do not meet the family's need.

18         (2)  Each local school readiness coalition public

19  school district shall make reasonable efforts to accommodate

20  the needs of children for extended day and extended year

21  services without compromising the quality of the 6-hour,

22  180-day program. The school district shall report on such

23  efforts in the report submitted under this section.

24         Section 8.  Paragraph (f) of subsection (4) of section

25  240.529, Florida Statutes, is amended to read:

26         240.529  Public accountability and state approval for

27  teacher preparation programs.--

28         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

29  subsection (3), failure by a public or nonpublic teacher

30  preparation program to meet the criteria for continued program

31  approval shall result in loss of program approval. The

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  Department of Education, in collaboration with the departments

  2  and colleges of education, shall develop procedures for

  3  continued program approval which document the continuous

  4  improvement of program processes and graduates' performance.

  5         (f)1.  Beginning with the 2000-2001 academic year, Each

  6  Florida public and private institution that offers a

  7  state-approved teacher preparation program must annually

  8  report information regarding these programs to the state and

  9  the general public. This information shall be reported in a

10  uniform and comprehensible manner that conforms with

11  definitions and methods proposed by the Education Standards

12  Commission, that is consistent with definitions and methods

13  approved by the Commissioner of the National Center for

14  Educational Statistics, and that is approved by the State

15  Board of Education. Beginning with the 2001-2002 academic

16  year, this information must include, at a minimum:

17         a.  The percent of graduates obtaining full-time

18  teaching employment within the first year of graduation.

19         b.  The average length of stay of graduates in their

20  full-time teaching positions.

21         c.  Satisfaction ratings required in paragraph (e).

22         2.  Beginning with the 2001-2002 academic year, each

23  public and private institution offering training for school

24  readiness-related professions, including training in the

25  fields of child care and early childhood education, whether

26  offering vocational credit, associate in science degree

27  programs, or associate in arts degree programs, shall annually

28  report information regarding these programs to the state and

29  the general public in a uniform and comprehensible manner that

30  conforms with definitions and methods proposed by the

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  Education Standards Commission. This information must include,

  2  at a minimum:

  3         a.  Average length of stay of graduates in their

  4  positions.

  5         b.  Satisfaction ratings of graduates' employers.

  6

  7  This information shall be reported through publications,

  8  including college and university catalogs and promotional

  9  materials sent to potential applicants, secondary school

10  guidance counselors, local school readiness coalitions, the

11  Florida Partnership for School Readiness, and prospective

12  employers of the institution's program graduates.

13         Section 9.  Section 402.25, Florida Statutes, is

14  renumbered as section 412.55, Florida Statutes.

15         Section 10.  Section 402.27, Florida Statutes, is

16  renumbered as section 412.551, Florida Statutes, and amended

17  to read:

18         412.551 402.27  Child care and early childhood resource

19  and referral.--The Florida Partnership for School Readiness

20  Department of Children and Family Services shall establish a

21  statewide child care resource and referral network. Local

22  school readiness coalitions shall select the local child care

23  resource and referral provider to meet network data

24  requirements by July 1, 2002. Preference shall be given to

25  using the already established central agencies for subsidized

26  child care as the child care resource and referral agency.  If

27  the agency cannot comply with the requirements to offer the

28  resource information component or does not want to offer that

29  service, the Department of Children and Family Services shall

30  select the resource information agency based upon a request

31  for proposal.  At least one Child care resource and referral

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  service agencies agency must be established by in each local

  2  school readiness coalition district of the department, but no

  3  more than one may be established in any coalition service area

  4  county.  Child care resource and referral service agencies

  5  shall provide the following services:

  6         (1)  Identification of existing public and private

  7  child care and early childhood education services, including

  8  child care services by public and private employers, and the

  9  development of a resource file of those services. These

10  services may include family day care, public and private child

11  care programs, head start, prekindergarten early intervention

12  programs, special education programs for prekindergarten

13  handicapped children, services for children with developmental

14  disabilities, full-time and part-time programs, before-school

15  and after-school programs, vacation care programs, parent

16  education, the welfare transition WAGES program, and related

17  family support services. The resource file shall include, but

18  not be limited to:

19         (a)  Type of program.

20         (b)  Hours of service.

21         (c)  Ages of children served.

22         (d)  Number of children served.

23         (e)  Significant program information.

24         (f)  Fees and eligibility for services.

25         (g)  Availability of transportation.

26         (2)  The establishment of a referral process which

27  responds to parental need for information and which is

28  provided with full recognition of the confidentiality rights

29  of parents. Resource and referral programs shall make

30  referrals to licensed child care facilities.  Referrals shall

31  be made to an unlicensed child care facility or arrangement

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    10-811-01                                               See HB




  1  only if there is no requirement that the facility or

  2  arrangement be licensed.

  3         (3)  Maintenance of ongoing documentation of requests

  4  for service tabulated through the internal referral process.

  5  The following documentation of requests for service shall be

  6  maintained by all child care resource and referral agencies:

  7         (a)  Number of calls and contacts to the child care

  8  information and referral agency component by type of service

  9  requested.

10         (b)  Ages of children for whom service was requested.

11         (c)  Time category of child care requests for each

12  child.

13         (d)  Special time category, such as nights, weekends,

14  and swing shift.

15         (e)  Reason that the child care is needed.

16         (f)  Name of the employer and primary focus of the

17  business.

18         (4)  Provision of technical assistance to existing and

19  potential providers of child care services.  This assistance

20  may include:

21         (a)  Information on initiating new child care services,

22  zoning, and program and budget development and assistance in

23  finding such information from other sources.

24         (b)  Information and resources which help existing

25  child care services providers to maximize their ability to

26  serve children and parents in their community.

27         (c)  Information and incentives which could help

28  existing or planned child care services offered by public or

29  private employers seeking to maximize their ability to serve

30  the children of their working parent employees in their

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  community, through contractual or other funding arrangements

  2  with businesses.

  3         (5)  Assistance to families and employers in applying

  4  for various sources of subsidy including, but not limited to,

  5  subsidized child care, head start, prekindergarten early

  6  intervention programs, temporary assistance for needy families

  7  Project Independence, private scholarships, and the federal

  8  dependent care tax credit.

  9         (6)  Assistance to state agencies in determining the

10  market rate for child care.

11         (7)  Assistance in negotiating discounts or other

12  special arrangements with child care providers.

13         (8)  Information and assistance regarding to local

14  interagency councils coordinating services for prekindergarten

15  handicapped children.

16         (9)  Assistance to families in identifying summer

17  recreation camp and summer day camp programs and in evaluating

18  the health and safety qualities of summer recreation camp and

19  summer day camp programs and in evaluating the health and

20  safety qualities of summer camp programs. Contingent upon

21  specific appropriation, a checklist of important health and

22  safety qualities that parents can use to choose their summer

23  camp programs shall be developed and distributed in a manner

24  that will reach parents interested in such programs for their

25  children.

26         (10)  A child care facility licensed under s. 412.57

27  402.305 and licensed and registered family day care homes must

28  provide the statewide child care and resource and referral

29  agencies with the following information annually:

30         (a)  Type of program.

31         (b)  Hours of service.

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (c)  Ages of children served.

  2         (d)  Fees and eligibility for services.

  3         Section 11.  Section 402.28, Florida Statutes, is

  4  repealed.

  5         Section 12.  Section 402.281, Florida Statutes, is

  6  renumbered as section 412.553, Florida Statutes, and

  7  subsections (1) and (3) of that section are amended to read:

  8         412.553 402.281  Gold Seal Quality Care program.--

  9         (1)  As part of the Gold Seal Quality Care program, The

10  Florida Partnership for School Readiness department shall

11  develop a three-tiered quality rating system for school

12  readiness programs. A Gold Seal Quality Care designation shall

13  be subsidized child care providers, with the highest quality

14  rating given to qualified child care providers who receive the

15  Gold Seal Quality Care designation pursuant to this section.

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

17  standards, the partnership department shall consult with the

18  Department of Education, the Florida Head Start Directors

19  Association, the Florida Association of Child Care Management,

20  the Florida Family Day Care Association, the Florida

21  Children's Forum, the State Coordinating Council for School

22  Readiness Programs, the Early Childhood Association of

23  Florida, the National Association for Child Development

24  Education, providers receiving exemptions under s. 412.68

25  402.316, and parents, for the purpose of approving the

26  accrediting associations.

27         Section 13.  Section 402.301, Florida Statutes, is

28  renumbered as section 412.554, Florida Statutes, and

29  subsections (1), (5), and (7) of that section are amended to

30  read:

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         412.554 402.301  Child care facilities; legislative

  2  intent and declaration of purpose and policy.--It is the

  3  legislative intent to protect the health, safety, and

  4  well-being of the children of the state and to promote their

  5  emotional and intellectual development and care.  Toward that

  6  end:

  7         (1)  It is the purpose of ss. 412.554-412.70

  8  402.301-402.319 to establish statewide minimum standards for

  9  the care and protection of children in child care facilities,

10  to ensure maintenance of these standards, and to approve

11  county administration and enforcement to regulate conditions

12  in such facilities through a program of licensing.

13         (5)  It is the further legislative intent that the

14  freedom of religion of all citizens shall be inviolate.

15  Nothing in ss. 412.554-412.70 402.301-402.319 shall give any

16  governmental agency jurisdiction or authority to regulate,

17  supervise, or in any way be involved in any Sunday School,

18  Sabbath School, or religious services or any nursery service

19  or other program conducted during religious or church services

20  primarily for the convenience of those attending such

21  services.

22         (7)  It shall be the policy of the state to encourage

23  child care providers to serve children with disabilities.

24  When requested, the Florida Partnership for School Readiness

25  and local school readiness coalitions department shall provide

26  technical assistance to parents and child care providers in

27  order to facilitate serving children with disabilities.

28         Section 14.  Section 402.3015, Florida Statutes, is

29  renumbered as section 412.555, Florida Statutes, and amended

30  to read:

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         412.555 402.3015  Subsidized child care program;

  2  purpose; fees; contracts.--

  3         (1)  The purpose of the subsidized child care program

  4  is to provide quality child care to enhance the development,

  5  including language, cognitive, motor, social, and self-help

  6  skills of children who are at risk of abuse or neglect and

  7  children of low-income families, and to promote financial

  8  self-sufficiency and life skills for the families of these

  9  children, unless prohibited by federal law. Priority for

10  participation in the subsidized child care program shall be

11  accorded to children under 13 years of age who are:

12         (a)  Determined to be at risk of abuse, neglect, or

13  exploitation and who are currently clients of the department's

14  Family Safety Program of the Department of Children and Family

15  Services Office;

16         (b)  Children at risk of welfare dependency, including

17  children of participants in the welfare transition program,

18  children of migrant farmworkers, children of teen parents, and

19  children from other families at risk of welfare dependency due

20  to a family income of less than 100 percent of the federal

21  poverty level;

22         (c)  Children of working families whose family income

23  is equal to or greater than 100 percent, but does not exceed

24  150 percent, of the federal poverty level. The Florida

25  Partnership for School Readiness department may extend

26  eligibility to children of working families who are currently

27  in subsidized child care and whose family income does not

28  exceed 200 percent of the federal poverty level;

29         (d)  Children of working families enrolled in the Child

30  Care Executive Partnership Program whose family income does

31  not exceed 200 percent of the federal poverty level; and

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (e)  Children of working families who participate in

  2  the diversion program to strengthen Florida's families under

  3  s. 445.018.

  4         (2)  To the extent resources are available, each child

  5  in a family that is eligible may participate in the subsidized

  6  child care program.

  7         (3)  Transitional child care shall be available for up

  8  to 2 years after eligibility for the welfare transition WAGES

  9  program ends, at which time child care may continue under

10  paragraph (1)(b) or paragraph (1)(c), as applicable.

11         (4)  A child who is eligible for child care under this

12  section may continue to participate in the subsidized child

13  care program, if the family's income does not exceed 185

14  percent of the federal poverty level.

15         (5)  The department shall establish a fee schedule for

16  participants in the subsidized child care program. The fee

17  schedule must be based on the total income of the family. Each

18  participating family shall contribute to the cost of child

19  care, unless prohibited by federal law.

20         (4)(6)(a)  Child care services, unless directly

21  operated by a community child care coordinating agency, shall

22  be provided under a service agreement or by voucher, which

23  ensures, to the maximum extent possible, parental choice

24  through flexibility in child care arrangements and payment

25  arrangements. When used, a voucher must bear the name of the

26  beneficiary and the child care provider and, when redeemed,

27  must bear the signature of both the beneficiary and an

28  authorized representative of the child care provider. If it is

29  determined that a child care provider has provided any cash to

30  the beneficiary in return for receiving the voucher, the

31  license for each child care facility operated by the provider

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  shall be immediately revoked and any facility operated by the

  2  provider is ineligible for relicensure for 3 years. Whether or

  3  not the provider is licensed, the Agency for Workforce

  4  Innovation department shall refer the matter to the Department

  5  of Law Enforcement for investigation.

  6         (b)  Local school readiness coalitions or their

  7  designees The community child care coordinating agency shall

  8  monitor child care providers to ensure that appropriate

  9  services are provided.

10         (c)  Public funds may not be expended to a provider

11  unless the provider agrees to allow the local school readiness

12  coalition or its designee community child care coordinating

13  agency access to fulfill its monitoring requirements.

14         (d)  A licensed child care facility that provides

15  contracted services under the subsidized child care program

16  must provide at least 10 hours of child care each day, 261

17  days per year, excluding approved holidays.

18         (e)  The Division of Risk Management of the Department

19  of Insurance shall provide coverage through the Agency for

20  Workforce Innovation department to coalitions and the

21  community child care coordinating agencies for the subsidized

22  child care program. The coverage shall be provided from the

23  general liability account of the State Risk Management Trust

24  Fund, and the coverage shall be primary. The coverage is

25  limited to general liability claims arising from the

26  management of the subsidized child care program under a

27  contract with the agency department and under guidelines

28  established through policy, rule, or law. Coverage shall be

29  limited as provided in ss. 284.38 and 284.385, and the

30  exclusions set forth therein, together with other exclusions

31  that are set forth in the certificate of coverage issued by

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    10-811-01                                               See HB




  1  the trust fund, shall apply. A local school readiness

  2  coalition or its designee community child care coordinating

  3  agency covered under the general liability account pursuant to

  4  this paragraph shall immediately notify the Division of Risk

  5  Management of the Department of Insurance of any potential or

  6  actual claim.

  7         (5)(7)  To the extent funds are available, local school

  8  readiness coalitions with approved plans the department shall

  9  contract for support services for children who are clients of

10  the department's Child Care Services Program Office and who

11  participate in the subsidized child care program. Support

12  services shall include, but need not be limited to,

13  transportation, child development programs, child nutrition

14  services, and parent training and family counseling

15  activities.

16         (6)(8)  The local school readiness coalitions community

17  child care coordinating agencies shall assist participants in

18  the welfare transition program and former participants of the

19  program who are eligible for subsidized child care in

20  developing cooperative child care arrangements whereby

21  participants support and assist one another in meeting child

22  care needs at minimal cost to the individual participant.

23         (9)  The central agency for state subsidized child care

24  or the local service district of the Department of Children

25  and Family Services shall cooperate with the local interagency

26  coordinating council as defined in s. 230.2305 in the

27  development of written collaborative agreements with each

28  local school district.

29         (a)  The central agency shall develop in consultation

30  with the local interagency council a plan for implementing and

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  conducting a child care program.  Such plan shall include the

  2  tentative budget and measures for maximizing public resources.

  3         (b)  The department shall monitor each subsidized child

  4  care provider at least annually to determine compliance with

  5  the collaborative agreement facilitated by the local

  6  interagency coordinating council.  If a provider fails to

  7  bring its program into compliance with the agreement or the

  8  plan within 3 months after an evaluation citing deficiencies,

  9  the department must withhold such administrative funds as have

10  been allocated to the program and which have not yet been

11  released.

12         (7)(10)  A family that is eligible to participate in

13  the subsidized child care program shall be considered a needy

14  family for purposes of the program funded through the federal

15  Temporary Assistance for Needy Families (TANF) block grant, to

16  the extent permitted by the appropriation of funds.

17         (8)(11)  The individual records of children enrolled in

18  subsidized child-care programs are confidential and are exempt

19  from the provisions of s. 119.07 and s. 24(a), Art. I of the

20  State Constitution. For the purposes of this subsection,

21  records include assessment data, health data, records of

22  teacher observations, and identifying data, including the

23  child's social security number. A parent, guardian, or

24  individual acting as a parent in the absence of a parent or

25  guardian, has the right to inspect and review the individual

26  subsidized child-care record of his or her child and to obtain

27  a copy of the record. The school readiness coalition and the

28  Florida Partnership for School Readiness shall have access to

29  individual children's records necessary to carry out their

30  assigned duties under ss. 216.136 and 412.51 411.01. This

31  exemption is subject to the Open Government Sunset Review Act

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    10-811-01                                               See HB




  1  of 1995 in accordance with s. 119.15 and shall stand repealed

  2  on October 2, 2005, unless reviewed and saved from repeal

  3  through reenactment by the Legislature.

  4         Section 15.  Section 402.3016, Florida Statutes, is

  5  renumbered as section 412.556, Florida Statutes.

  6         Section 16.  Section 402.3017, Florida Statutes, is

  7  renumbered as section 412.557, Florida Statutes, and

  8  subsections (2) and (3) of that section are amended to read:

  9         412.557 402.3017  Teacher Education and Compensation

10  Helps (TEACH) scholarship program.--

11         (2)  The Florida Partnership for School Readiness

12  Department of Children and Family Services is authorized to

13  contract for the administration of the Teacher Education and

14  Compensation Helps (TEACH) scholarship program, which provides

15  educational scholarships to caregivers and administrators of

16  early childhood programs, family day care homes, and large

17  family child care homes.

18         (3)  The partnership department shall adopt rules as

19  necessary to implement this section.

20         Section 17.  Section 402.3018, Florida Statutes, is

21  renumbered as section 412.558, Florida Statutes, and

22  subsections (1), (3), and (4) of that section are amended to

23  read:

24         412.558 402.3018  Consultation to child care centers

25  and family day care homes regarding health, developmental,

26  disability, and special needs issues.--

27         (1)  Contingent upon specific appropriations, the

28  Florida Partnership for School Readiness, through the Agency

29  for Workforce Innovation, department is directed to contract

30  with the statewide resource information and referral agency

31  for a statewide toll-free Warm-Line for the purpose of

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  providing assistance and consultation to child care centers

  2  and family day care homes regarding health, developmental,

  3  disability, and special needs issues of the children they are

  4  serving, particularly children with disabilities and other

  5  special needs.

  6         (3)  The partnership department shall inform child care

  7  centers and family day care homes of the availability of this

  8  service, on an annual basis.

  9         (4)  Contingent upon specific appropriations, the

10  partnership department shall expand or contract for the

11  expansion of the Warm-Line from one statewide site to one

12  Warm-Line site in each local school readiness coalition

13  service area child care resource and referral agency region.

14         Section 18.  Section 402.302, Florida Statutes, is

15  renumbered as section 412.56, Florida Statutes, and amended to

16  read:

17         412.56 402.302  Definitions.--As used in this chapter,

18  the term:

19         (1)  "Agency" means the Agency for Workforce

20  Innovation.

21         (2)(1)  "Child care" means the care, protection, and

22  supervision of a child, for a period of less than 24 hours a

23  day on a regular basis, which supplements parental care,

24  enrichment, and health supervision for the child, in

25  accordance with his or her individual needs, and for which a

26  payment, fee, or grant is made for care.

27         (3)(2)  "Child care facility" includes any child care

28  center or child care arrangement which provides child care for

29  more than five children unrelated to the operator and which

30  receives a payment, fee, or grant for any of the children

31

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    10-811-01                                               See HB




  1  receiving care, wherever operated, and whether or not operated

  2  for profit.  The following are not included:

  3         (a)  Public schools and nonpublic schools and their

  4  integral programs, except as provided in s. 412.561 402.3025;

  5         (b)  Summer camps having children in full-time

  6  residence;

  7         (c)  Summer day camps;

  8         (d)  Bible schools normally conducted during vacation

  9  periods; and

10         (e)  Operators of transient establishments, as defined

11  in chapter 509, which provide child care services solely for

12  the guests of their establishment or resort, provided that all

13  child care personnel of the establishment are screened

14  according to the level 2 screening requirements of chapter

15  435.

16         (4)(3)  "Child care personnel" means all owners,

17  operators, employees, and volunteers working in a child care

18  facility. The term does not include persons who work in a

19  child care facility after hours when children are not present

20  or parents of children in Head Start.  For purposes of

21  screening, the term includes any member, over the age of 12

22  years, of a child care facility operator's family, or person,

23  over the age of 12 years, residing with a child care facility

24  operator if the child care facility is located in or adjacent

25  to the home of the operator or if the family member of, or

26  person residing with, the child care facility operator has any

27  direct contact with the children in the facility during its

28  hours of operation. Members of the operator's family or

29  persons residing with the operator who are between the ages of

30  12 years and 18 years shall not be required to be

31  fingerprinted but shall be screened for delinquency records.

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    10-811-01                                               See HB




  1  For purposes of screening, the term shall also include persons

  2  who work in child care programs which provide care for

  3  children 15 hours or more each week in public or nonpublic

  4  schools, summer day camps, family day care homes, or those

  5  programs otherwise exempted under s. 412.68 402.316.  The term

  6  does not include public or nonpublic school personnel who are

  7  providing care during regular school hours, or after hours for

  8  activities related to a school's program for grades

  9  kindergarten through 12 as required under chapter 232.  A

10  volunteer who assists on an intermittent basis for less than

11  40 hours per month is not included in the term "personnel" for

12  the purposes of screening and training, provided that the

13  volunteer is under direct and constant supervision by persons

14  who meet the personnel requirements of s. 412.57(2)

15  402.305(2).  Students who observe and participate in a child

16  care facility as a part of their required coursework shall not

17  be considered child care personnel, provided such observation

18  and participation are on an intermittent basis and the

19  students are under direct and constant supervision of child

20  care personnel.

21         (5)(4)  "Department" means the Department of Children

22  and Family Services.

23         (6)(5)  "Drop-in child care" means child care provided

24  occasionally in a child care facility in a shopping mall or

25  business establishment where a child is in care for no more

26  than a 4-hour period and the parent remains on the premises of

27  the shopping mall or business establishment at all times.

28  Drop-in child care arrangements shall meet all requirements

29  for a child care facility unless specifically exempted.

30         (7)(6)  "Evening child care" means child care provided

31  during the evening hours and may encompass the hours of 6:00

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    10-811-01                                               See HB




  1  p.m. to 7:00 a.m. to accommodate parents who work evenings and

  2  late-night shifts.

  3         (8)(7)  "Family day care home" means an occupied

  4  residence in which child care is regularly provided for

  5  children from at least two unrelated families and which

  6  receives a payment, fee, or grant for any of the children

  7  receiving care, whether or not operated for profit. A family

  8  day care home shall be allowed to provide care for one of the

  9  following groups of children, which shall include those

10  children under 13 years of age who are related to the

11  caregiver:

12         (a)  A maximum of four children from birth to 12 months

13  of age.

14         (b)  A maximum of three children from birth to 12

15  months of age, and other children, for a maximum total of six

16  children.

17         (c)  A maximum of six preschool children if all are

18  older than 12 months of age.

19         (d)  A maximum of 10 children if no more than 5 are

20  preschool age and, of those 5, no more than 2 are under 12

21  months of age.

22         (9)(8)  "Large family child care home" means an

23  occupied residence in which child care is regularly provided

24  for children from at least two unrelated families, which

25  receives a payment, fee, or grant for any of the children

26  receiving care, whether or not operated for profit, and which

27  has at least two full-time child care personnel on the

28  premises during the hours of operation. One of the two

29  full-time child care personnel must be the owner or occupant

30  of the residence. A large family child care home must first

31  have operated as a licensed family day care home for 2 years,

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    10-811-01                                               See HB




  1  with an operator who has had a child development associate

  2  credential or its equivalent for 1 year, before seeking

  3  licensure as a large family child care home. A large family

  4  child care home shall be allowed to provide care for one of

  5  the following groups of children, which shall include those

  6  children under 13 years of age who are related to the

  7  caregiver:

  8         (a)  A maximum of 8 children from birth to 24 months of

  9  age.

10         (b)  A maximum of 12 children, with no more than 4

11  children under 24 months of age.

12         (10)(9)  "Indoor recreational facility" means an indoor

13  commercial facility which is established for the primary

14  purpose of entertaining children in a planned fitness

15  environment through equipment, games, and activities in

16  conjunction with food service and which provides child care

17  for a particular child no more than 4 hours on any one day. An

18  indoor recreational facility must be licensed as a child care

19  facility under s. 412.57 402.305, but is exempt from the

20  minimum outdoor-square-footage-per-child requirement specified

21  in that section, if the indoor recreational facility has, at a

22  minimum, 3,000 square feet of usable indoor floor space.

23         (11)(10)  "Local licensing agency" means any agency or

24  individual designated by the county to license child care

25  facilities.

26         (12)(11)  "Operator" means any onsite person ultimately

27  responsible for the overall operation of a child care

28  facility, whether or not he or she is the owner or

29  administrator of such facility.

30         (13)(12)  "Owner" means the person who is licensed to

31  operate the child care facility.

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    10-811-01                                               See HB




  1         (14)  "Partnership" means the Florida Partnership for

  2  School Readiness.

  3         (15)(13)  "Screening" means the act of assessing the

  4  background of child care personnel and includes, but is not

  5  limited to, employment history checks, local criminal records

  6  checks through local law enforcement agencies, fingerprinting

  7  for all purposes and checks in this subsection, statewide

  8  criminal records checks through the Department of Law

  9  Enforcement, and federal criminal records checks through the

10  Federal Bureau of Investigation; except that screening for

11  volunteers included under the definition of personnel includes

12  only local criminal records checks through local law

13  enforcement agencies for current residence and residence

14  immediately prior to employment as a volunteer, if different,

15  and statewide criminal records correspondence checks through

16  the Department of Law Enforcement.

17         (14)  "Secretary" means the Secretary of Children and

18  Family Services.

19         (16)(15)  "Substantial compliance" means that level of

20  adherence which is sufficient to safeguard the health, safety,

21  and well-being of all children under care.  Substantial

22  compliance is greater than minimal adherence but not to the

23  level of absolute adherence.  Where a violation or variation

24  is identified as the type which impacts, or can be reasonably

25  expected within 90 days to impact, the health, safety, or

26  well-being of a child, there is no substantial compliance.

27         (17)(16)  "Weekend child care" means child care

28  provided between the hours of 6 p.m. on Friday and 6 a.m. on

29  Monday.

30

31

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    10-811-01                                               See HB




  1         Section 19.  Section 402.3025, Florida Statutes, is

  2  renumbered as section 412.561, Florida Statutes, and amended

  3  to read:

  4         412.561 402.3025  Public and nonpublic schools.--For

  5  the purposes of ss. 412.554-412.70 402.301-402.319, the

  6  following shall apply:

  7         (1)  PUBLIC SCHOOLS.--

  8         (a)  The following programs for children shall not be

  9  deemed to be child care and shall not be subject to the

10  provisions of ss. 412.554-412.70 402.301-402.319:

11         1.  Programs for children in 5-year-old kindergarten

12  and grades one or above.

13         2.  Programs for children who are at least 3 years of

14  age, but who are under 5 years of age, provided the programs

15  are operated and staffed directly by the schools and provided

16  the programs meet age-appropriate standards as adopted by the

17  State Board of Education.

18         3.  Programs for children under 3 years of age who are

19  eligible for participation in the programs under the existing

20  or successor provisions of Pub. L. No. 94-142 or Pub. L. No.

21  99-457, provided the programs are operated and staffed

22  directly by the schools and provided the programs meet

23  age-appropriate standards as adopted by the State Board of

24  Education.

25         (b)  The following programs for children shall be

26  deemed to be child care and shall be subject to the provisions

27  of ss. 412.554-412.70 402.301-402.319:

28         1.  Programs for children who are under 5 years of age

29  when the programs are not operated and staffed directly by the

30  schools.

31

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    10-811-01                                               See HB




  1         2.  Programs for children under 3 years of age who are

  2  not eligible for participation in the programs under existing

  3  or successor provisions of Pub. L. No. 94-142 or Pub. L. No.

  4  99-457.

  5         (c)  The agency State Board of Education shall adopt

  6  rules to implement this subsection, including standards for

  7  programs in subparagraphs (a)2. and 3., which recognize the

  8  vulnerability of children under 5 years of age and make

  9  special provisions to ensure their health and safety.  Such

10  rules shall include, but not be limited to, facilities,

11  personnel staffing and qualifications, transportation, and

12  health and safety practices. In preparing such rules, the

13  agency Commissioner of Education shall review the standards

14  already existing in the state and the recommendations of

15  appropriate professional and accreditation agencies.

16         (d)  The monitoring and enforcement of compliance with

17  age-appropriate standards established by rule of the agency

18  State Board of Education shall be the responsibility of the

19  agency Department of Education.

20         (2)  NONPUBLIC SCHOOLS.--

21         (a)  Programs for children under 3 years of age shall

22  be deemed to be child care and subject to the provisions of

23  ss. 412.554-412.70 402.301-402.319.

24         (b)  Programs for children in 5-year-old kindergarten

25  and grades one or above shall not be deemed to be child care

26  and shall not be subject to the provisions of ss.

27  412.554-412.70 402.301-402.319.

28         (c)  Programs for children who are at least 3 years of

29  age, but under 5 years of age, shall not be deemed to be child

30  care and shall not be subject to the provisions of ss.

31  412.554-412.70 402.301-402.319 relating to child care

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    10-811-01                                               See HB




  1  facilities, provided the programs in the schools are operated

  2  and staffed directly by the schools, provided a majority of

  3  the children enrolled in the schools are 5 years of age or

  4  older, and provided there is compliance with the screening

  5  requirements for personnel pursuant to s. 412.57 402.305 or s.

  6  412.575 402.3057. A nonpublic school may designate certain

  7  programs as child care, in which case these programs shall be

  8  subject to the provisions of ss. 412.554-412.70

  9  402.301-402.319.

10         (d)1.  Programs for children who are at least 3 years

11  of age, but under 5 years of age, which are not licensed under

12  ss. 412.554-412.70 402.301-402.319 shall substantially comply

13  with the minimum child care standards promulgated pursuant to

14  ss. 412.57-412.575 402.305-402.3057.

15         2.  The agency department or local licensing agency

16  shall enforce compliance with such standards, where possible,

17  to eliminate or minimize duplicative inspections or visits by

18  staff enforcing the minimum child care standards and staff

19  enforcing other standards under the jurisdiction of the agency

20  department.

21         3.  The agency department or local licensing agency may

22  commence and maintain all proper and necessary actions and

23  proceedings for any or all of the following purposes:

24         a.  To protect the health, sanitation, safety, and

25  well-being of all children under care.

26         b.  To enforce its rules and regulations.

27         c.  To use corrective action plans, whenever possible,

28  to attain compliance prior to the use of more restrictive

29  enforcement measures.

30         d.  To make application for injunction to the proper

31  circuit court, and the judge of that court shall have

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    10-811-01                                               See HB




  1  jurisdiction upon hearing and for cause shown to grant a

  2  temporary or permanent injunction, or both, restraining any

  3  person from violating or continuing to violate any of the

  4  provisions of ss. 412.554-412.70 402.301-402.319. Any

  5  violation of this section or of the standards applied under

  6  ss. 412.57-412.575 402.305-402.3057 which threatens harm to

  7  any child in the school's programs for children who are at

  8  least 3 years of age, but are under 5 years of age, or

  9  repeated violations of this section or the standards under ss.

10  412.57-412.575 402.305-402.3057, shall be grounds to seek an

11  injunction to close a program in a school.

12         e.  To impose an administrative fine, not to exceed

13  $100, for each violation of the minimum child care standards

14  promulgated pursuant to ss. 412.57-412.575 402.305-402.3057.

15         4.  It is a misdemeanor of the first degree, punishable

16  as provided in s. 775.082 or s. 775.083, for any person

17  willfully, knowingly, or intentionally to:

18         a.  Fail, by false statement, misrepresentation,

19  impersonation, or other fraudulent means, to disclose in any

20  required written documentation for exclusion from licensure

21  pursuant to this section a material fact used in making a

22  determination as to such exclusion; or

23         b.  Use information from the criminal records obtained

24  under s. 412.57 402.305 or s. 412.574 402.3055 for any purpose

25  other than screening that person for employment as specified

26  in those sections or release such information to any other

27  person for any purpose other than screening for employment as

28  specified in those sections.

29         5.  It is a felony of the third degree, punishable as

30  provided in s. 775.082, s. 775.083, or s. 775.084, for any

31  person willfully, knowingly, or intentionally to use

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    10-811-01                                               See HB




  1  information from the juvenile records of any person obtained

  2  under s. 412.57 402.305 or s. 412.574 402.3055 for any purpose

  3  other than screening for employment as specified in those

  4  sections or to release information from such records to any

  5  other person for any purpose other than screening for

  6  employment as specified in those sections.

  7         (e)  The agency department and the nonpublic school

  8  accrediting agencies are encouraged to develop agreements to

  9  facilitate the enforcement of the minimum child care standards

10  as they relate to the schools which the agencies accredit.

11         (3)  INSPECTION FEE.--The agency department shall

12  establish by rule a fee for inspection activities performed

13  pursuant to this section, in an amount sufficient to cover

14  costs.  However, the amount of such fee for the inspection of

15  a school shall not exceed the fee imposed for child care

16  licensure pursuant to s. 412.567 402.315.

17         Section 20.  Section 402.3027, Florida Statutes, is

18  renumbered as section 412.562, Florida Statutes, and amended

19  to read:

20         412.562 402.3027  Observation and assessment of young

21  children in school readiness subsidized child care

22  programs.--The partnership Department of Children and Family

23  Services is directed to establish a system for the behavioral

24  observation and developmental assessment of young children in

25  school readiness subsidized child care programs, to assist in

26  determining appropriate developmental age level, the need for

27  formal developmental assessment, or the need to make referrals

28  for necessary early intervention programs and specialized

29  services.

30         (1)  DEFINITIONS.--

31

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    10-811-01                                               See HB




  1         (a)  "Developmental assessment test" means a

  2  standardized assessment test designed to identify normal child

  3  development or developmental delays.

  4         (b)  "Developmental milestones" means behaviors that a

  5  child should be exhibiting by a certain age in the cognitive,

  6  physical/psychomotor, and social domains.

  7         (c)  "Developmental observation checklist" means a

  8  behavioral observation instrument used to identify

  9  developmental milestones.

10         (d)  "Diagnostic assessments test" means a test

11  designed to identify children with specific special needs,

12  determine the nature of the problem, suggest the cause of the

13  problem, and propose remediation strategies.

14         (e)  "School readiness tests" means tests designed to

15  assess a child's level of preparedness for an academic

16  program.

17         (2)  PRINCIPLES.--In the development of a system for

18  the behavioral observation and developmental assessment of

19  young children in subsidized child care, the partnership

20  department shall adhere to the following principles:

21         (a)  Informed consent of the child's parent shall be

22  secured prior to all Level II and Level III assessments.

23         (b)  All standardized tests used in early childhood

24  programs must be reliable and valid according to the technical

25  standards of test development.

26         (c)  It is the responsibility of the program operator

27  and child care staff to be knowledgeable regarding child

28  development and the use of behavioral observation instruments.

29         (d)  Standardized assessment tests and diagnostic

30  assessments tests shall only be administered by professional

31  and trained staff.

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    10-811-01                                               See HB




  1         (e)  Testing of young children must be conducted by

  2  individuals who are knowledgeable about and sensitive to the

  3  developmental needs of young children and are qualified to

  4  administer tests.

  5         (f)  Parents shall be full partners in the assessment

  6  process and parent training shall be made available.

  7         (3)  PROCEDURES.--The partnership department shall

  8  implement the following assessment procedures for all children

  9  in a subsidized child care arrangement:

10         (a)  Level I assessment.--

11         1.  The purpose of Level I assessment is to identify

12  and monitor normal development or possible developmental

13  delay.

14         2.  All children in care who are between the ages of 1

15  year and 4 years, inclusive, shall be screened every 6 months

16  using a partnership-approved department-approved developmental

17  observation checklist.

18         3.  The results indicated by the checklist shall be

19  reviewed by the facility's child development associate or by

20  the community child care coordinating agency.

21         4.  The partnership department shall establish

22  procedures to provide feedback to parents regarding observed

23  development and activities, including parent training, to

24  enhance the child's cognitive, psychomotor, and social skills.

25         (b)  Level II assessment.--

26         1.  The purpose of Level II assessment is to determine

27  whether a delay identified in a Level I assessment can be

28  addressed by the child care facility or family day care home

29  or whether a special service or further assessment is needed.

30         2.  Level II assessment shall be conducted by trained

31  professional staff.

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         3.  The partnership department shall establish

  2  procedures to:

  3         a.  Develop individualized learning plans for

  4  implementation by the primary caregiver.

  5         b.  Adopt and offer a program of intensive language or

  6  math activities provided by a visiting specialist.

  7         c.  Adopt and offer a program of parent training and

  8  home visits.

  9         (c)  Level III assessment.--When indicated by a Level

10  II assessment, the partnership department shall establish

11  procedures to refer a child to Level III assessment providers

12  such as Florida Diagnostic and Learning Resource Services;

13  Medicaid/Early Periodic Screening, Diagnosis, and Testing

14  (EPSDT); Children's Medical Services; and other health

15  services, to determine eligibility for an early intervention

16  program.

17         Section 21.  Section 402.3028, Florida Statutes, is

18  renumbered as section 412.563, Florida Statutes, and amended

19  to read:

20         412.563 402.3028  Referral for assessment.--The Florida

21  Partnership for School Readiness, the Department of Children

22  and Family Services, the Department of Health, and the

23  Department of Education shall implement the following

24  procedures for making referrals for Level III assessment

25  pursuant to s. 412.562 402.3027:

26         (1)  Children under 3 years of age who are in the

27  subsidized child care program and are identified as needing a

28  Level III developmental assessment pursuant to s. 412.562

29  402.3027 shall be referred to the Early Intervention for

30  Infants and Toddlers with Disabilities Program of the

31  Department of Health, funded under the federal Individuals

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  with Disabilities Education Act, Pub. L. No. 105-17, Part C.

  2  Assessments shall be completed within 45 days after the

  3  referral. If the Early Intervention for Infants and Toddlers

  4  with Disabilities Program is not available, referral may be

  5  made to a local community service provider.

  6         (2)  Children age 3 years through 5 years who are in

  7  the subsidized child care program and are identified as

  8  needing a Level III developmental assessment pursuant to s.

  9  412.562 402.3027 shall be referred to the appropriate program

10  under the local school district or appropriate local service

11  provider. It is the intent of the Legislature that these

12  assessments be completed within 45 days because of the

13  critical nature of child development at this age.

14         (3)  Services to children with disabilities under this

15  section shall be integrated and delivered with child care

16  programs to the extent possible.

17         (4)  Nothing in this section prohibits a school

18  readiness subsidized child care program from referring a child

19  to Medicaid or the Florida KidCare program to determine

20  eligibility for services, or from making a referral to a

21  child's primary health care provider.

22         Section 22.  Section 402.305, Florida Statutes, is

23  renumbered as section 412.57, Florida Statutes, and

24  subsections (1) through (7) and (16) through (19) of that

25  section are amended to read:

26         412.57 402.305  Licensing standards; child care

27  facilities.--

28         (1)  LICENSING STANDARDS.--The agency department shall

29  establish licensing standards that each licensed child care

30  facility must meet regardless of the origin or source of the

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  fees used to operate the facility or the type of children

  2  served by the facility.

  3         (a)  The standards shall be designed to address the

  4  following areas:

  5         1.  The health, sanitation, safety, and adequate

  6  physical surroundings for all children in child care.

  7         2.  The health and nutrition of all children in child

  8  care.

  9         3.  The child development needs of all children in

10  child care.

11         (b)  All standards established under ss. 412.554-412.70

12  402.301-402.319 must be consistent with the rules adopted by

13  the State Fire Marshal for child care facilities. However, if

14  the facility is operated in a public school, the agency

15  department shall use the public school fire code, as provided

16  in the rules of the Department of Education, as the minimum

17  standard for firesafety.

18         (c)  The minimum standards for child care facilities

19  shall be adopted in the rules of the agency department and

20  shall address the areas delineated in this section. The agency

21  department, in adopting rules to establish minimum standards

22  for child care facilities, shall recognize that different age

23  groups of children may require different standards. The agency

24  department may adopt different minimum standards for

25  facilities that serve children in different age groups,

26  including school-age children.

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

28  personnel shall include minimum requirements as to:

29         (a)  Good moral character based upon screening.  This

30  screening shall be conducted as provided in chapter 435, using

31  the level 2 standards for screening set forth in that chapter.

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    10-811-01                                               See HB




  1         (b)  The agency department may grant exemptions from

  2  disqualification from working with children or the

  3  developmentally disabled as provided in s. 435.07.

  4         (c)  Minimum age requirements.  Such minimum standards

  5  shall prohibit a person under the age of 21 from being the

  6  operator of a child care facility and a person under the age

  7  of 16 from being employed at such facility unless such person

  8  is under direct supervision and is not counted for the

  9  purposes of computing the personnel-to-child ratio.

10         (d)  Minimum training requirements for child care

11  personnel.

12         1.  Such minimum standards for training shall ensure

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

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

15  program pursuant to s. 412.555 402.3015 take an approved

16  40-clock-hour introductory course in child care, which course

17  covers at least the following topic areas:

18         a.  State and local rules and regulations which govern

19  child care.

20         b.  Health, safety, and nutrition.

21         c.  Identifying and reporting child abuse and neglect.

22         d.  Child development, including typical and atypical

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

24  development.

25         e.  Observation of developmental behaviors, including

26  using a checklist or other similar observation tools and

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

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

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

30  facility.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




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

  2  training to meet the training requirements and shall complete

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

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

  5  training shall be granted to child care personnel based upon

  6  educational credentials or passage of competency examinations.

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

  8  to the extent possible, an interdisciplinary approach to the

  9  study of children.

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

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

12  care personnel who have fulfilled the requirements for the

13  child care training shall be required to take an additional

14  approved 8 clock hours of inservice training or an equivalent

15  as determined by the agency department.

16         4.  Procedures for ensuring the training of qualified

17  child care professionals to provide training of child care

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

19  minimum standards.  It is recommended that the state community

20  child care coordination agencies (central agencies) be

21  contracted by the agency department to coordinate such

22  training when possible. Other district educational resources,

23  such as community colleges and vocational-technical programs,

24  can be designated in such areas where central agencies may not

25  exist or are determined not to have the capability to meet the

26  coordination requirements set forth by the agency department.

27         5.  Training requirements shall not apply to certain

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

29  limited to, swimming instructors, piano teachers, dance

30  instructors, and gymnastics instructors.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         6.  The partnership State Coordinating Council for

  2  School Readiness Programs, in coordination with the

  3  department, shall evaluate or contract for an evaluation for

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

  5  improve staff training requirements and testing procedures.

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

  7  conducted every 2 years thereafter.  The evaluation shall

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

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

10  determining the need for specialty training; and determining

11  ways to increase inservice training and ways to increase the

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

13  proposed staff training. The evaluation methodology shall

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

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

16  basic training in serving children with disabilities within 5

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

18  training or the annual 8 hours of inservice training.

19         (e)  Periodic health examinations.

20         (f)  By January 1, 2000, A credential for child care

21  facility directors. By January 1, 2003, the credential shall

22  be a required minimum standard for licensing.

23         (3)  MINIMUM STAFF CREDENTIALS.--By July 1, 1996, For

24  every 20 children in a licensed child care facility, if the

25  facility operates 8 hours or more per week, one of the child

26  care personnel in the facility must have:

27         (a)  A child development associate credential;

28         (b)  A child care professional credential, unless the

29  agency department determines that such child care professional

30  credential is not equivalent to or greater than a child

31  development associate credential; or

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (c)  A credential that is equivalent to or greater than

  2  the credential required in paragraph (a) or paragraph (b).

  3

  4  The agency, with consultation from the partnership, department

  5  shall establish by rule those hours of operation, such as

  6  during rest periods and transitional periods, when this

  7  subsection does not apply.

  8         (4)  STAFF-TO-CHILDREN RATIO.--

  9         (a)  Minimum standards for the care of children in a

10  licensed child care facility as established by rule of the

11  agency department must include:

12         1.  For children from birth through 1 year of age,

13  there must be one child care personnel for every four

14  children.

15         2.  For children 1 year of age or older, but under 2

16  years of age, there must be one child care personnel for every

17  six children.

18         3.  For children 2 years of age or older, but under 3

19  years of age, there must be one child care personnel for every

20  11 children.

21         4.  For children 3 years of age or older, but under 4

22  years of age, there must be one child care personnel for every

23  15 children.

24         5.  For children 4 years of age or older, but under 5

25  years of age, there must be one child care personnel for every

26  20 children.

27         6.  For children 5 years of age or older, there must be

28  one child care personnel for every 25 children.

29         7.  When children 2 years of age and older are in care,

30  the staff-to-children ratio shall be based on the age group

31  with the largest number of children within the group.

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    10-811-01                                               See HB




  1         (b)  This subsection does not apply to nonpublic

  2  schools and their integral programs as defined in s.

  3  412.561(2)(d)1. 402.3025(2)(d)1. In addition, an individual

  4  participating in a community service work experience activity

  5  under s. 445.024(1)(d), or a work experience activity under s.

  6  445.024(1)(e), at a child care facility may not be considered

  7  in calculating the staff-to-children ratio.

  8         (5)  PHYSICAL FACILITIES.--Minimum standards shall

  9  include requirements for building conditions, indoor play

10  space, outdoor play space, napping space, bathroom facilities,

11  food preparation facilities, outdoor equipment, and indoor

12  equipment. Because of the nature and duration of drop-in child

13  care, outdoor play space and outdoor equipment shall not be

14  required for licensure; however, if such play space and

15  equipment are provided, then the minimum standards shall apply

16  to drop-in child care. With respect to minimum standards for

17  physical facilities of a child care program for school-age

18  children which is operated in a public school facility, the

19  agency department shall adopt the State Uniform Building Code

20  for Public Educational Facilities Construction as the minimum

21  standards, regardless of the operator of the program. The

22  Legislature intends that if a child care program for

23  school-age children is operated in a public school, the

24  program need not conform to standards for physical facilities

25  other than the standards adopted by the Commissioner of

26  Education.

27         (6)  SQUARE FOOTAGE PER CHILD.--Minimum standards shall

28  be established by the agency department by rule.

29         (a)  A child care facility that holds a valid license

30  on October 1, 1992, must have a minimum of 20 square feet of

31  usable indoor floor space for each child and a minimum of 45

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  square feet of usable outdoor play area for each child.

  2  Outdoor play area shall be calculated at the rate of 45 feet

  3  per child in any group using the play area at one time.  A

  4  minimum play area shall be provided for one half of the

  5  licensed capacity.  This standard applies as long as the child

  6  care facility remains licensed at the site occupied on October

  7  1, 1992, and shall not be affected by any change in the

  8  ownership of the site.

  9         (b)  A child care facility that does not hold a valid

10  license on October 1, 1992, and seeks regulatory approval to

11  operate as a child care facility must have a minimum of 35

12  square feet of usable floor space for each child and a minimum

13  of 45 square feet of usable outdoor play area for each child.

14

15  The minimum standard for outdoor play area does not apply in

16  calculating square footage for children under 1 year of age.

17  However, appropriate outdoor infant equipment shall be

18  substituted for outdoor play space. The centers shall provide

19  facilities and equipment conducive to the physical activities

20  appropriate for the age and physical development of the child.

21         (7)  SANITATION AND SAFETY.--

22         (a)  Minimum standards shall include requirements for

23  sanitary and safety conditions, first aid treatment, emergency

24  procedures, and pediatric cardiopulmonary resuscitation.  The

25  minimum standards shall require that at least one staff person

26  trained in cardiopulmonary resuscitation, as evidenced by

27  current documentation of course completion, must be present at

28  all times that children are present.

29         (b)  In the case of a child care program for school-age

30  children attending before and after school programs on the

31  public school site, the agency department shall use the public

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  school fire code, as promulgated in the rules of the

  2  Department of Education, as the minimum standard for

  3  firesafety.  In the case of a child care program for

  4  school-age children attending before-school and after-school

  5  programs on a site operated by a municipality, the agency

  6  department shall adopt rules for such site and intended use.

  7         (c)  Some type of communications system, such as a

  8  pocket pager or beeper, shall be provided to a parent whose

  9  child is in drop-in child care to ensure the immediate return

10  of the parent to the child, if necessary.

11         (16)  EVENING AND WEEKEND CHILD CARE.--Minimum

12  standards shall be developed by the agency department to

13  provide for reasonable, affordable, and safe evening and

14  weekend child care.  Each facility offering evening or weekend

15  child care must meet these minimum standards, regardless of

16  the origin or source of the fees used to operate the facility

17  or the type of children served by the facility.  The agency

18  department may modify by rule the licensing standards

19  contained in this section to accommodate evening child care.

20         (17)  SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF

21  MILDLY ILL CHILDREN.--Minimum standards shall be developed by

22  the agency department, in conjunction with the Department of

23  Health, for specialized child care facilities for the care of

24  mildly ill children. The minimum standards shall address the

25  following areas: personnel requirements; staff-to-child

26  ratios; staff training and credentials; health and safety;

27  physical facility requirements, including square footage;

28  client eligibility, including a definition of "mildly ill

29  children"; sanitation and safety; admission and recordkeeping;

30  dispensing of medication; and a schedule of activities.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




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

  2  hereby created a child care technical review panel, appointed

  3  by the Chair of the State Coordinating Council for School

  4  Readiness Programs, established by s. 411.222, to develop

  5  recommendations for inclusion, unedited, in the State

  6  Coordinating Council for School Readiness Programs annual

  7  report as required by s. 411.222(6), and provide technical

  8  assistance to the department for the adoption of rules for

  9  licensing child care facilities in accordance with the minimum

10  standards established in this section. The review panel must

11  consist of seven members, five of whom must be:

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

13  facility;

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

15  facility;

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

17  care facility;

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

19  development associate credential; and

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

21  care professional credential.

22

23  The technical review panel members shall be appointed for a

24  term of 3 years each.  No member shall serve more than two

25  consecutive terms.

26         (18)(19)  TRANSFER OF OWNERSHIP.--

27         (a)  One week prior to the transfer of ownership of a

28  child care facility or family day care home, the transferor

29  shall notify the parent or caretaker of each child of the

30  impending transfer.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (b)  The agency department shall, by rule, establish

  2  methods by which notice will be achieved and minimum standards

  3  by which to implement this subsection.

  4         Section 23.  Section 402.3051, Florida Statutes, is

  5  renumbered as section 412.571, Florida Statutes, and amended

  6  to read:

  7         412.571 402.3051  Child care market rate reimbursement;

  8  child care grants.--

  9         (1)  As used in this section, the term:

10         (a)  "School readiness Child care program assessment

11  tool" means an assessment instrument designated or developed

12  by the partnership department to determine quality child care

13  and other child development services to children under the

14  provision of s. 412.555 402.3015, Title IV-A of the Social

15  Security Act, and the Child Care and Development Block Grant

16  Act of 1990.

17         (b)  "Market rate" means the price that a child care

18  provider charges for daily, weekly, or monthly child care

19  services.  Market rate shall:

20         1.  Be established for licensed child care facilities

21  or facilities that are not subject to s. 412.57 402.305,

22  licensed or registered family day care homes, licensed

23  before-school and after-school child care programs, and

24  unregulated care provided by a relative or other caretaker.

25         2.  Differentiate among child care for children with

26  special needs or risk categories, infants, toddlers, and

27  preschool and school-age children.

28         3.  Differentiate between full-time and part-time care.

29         4.  Consider reductions in the cost of care for

30  additional children in the same family.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (c)  "Prevailing market rate" means the annually

  2  determined 75th percentile of a reasonable frequency

  3  distribution of market rate in a predetermined geographic

  4  market at which licensed child care providers charge a person

  5  for child care services.

  6         (2)  The local school readiness coalition department

  7  shall establish procedures to reimburse licensed, exempt, or

  8  registered child care providers who hold a Gold Seal Quality

  9  Care designation at the market rate for child care services

10  for children who are eligible to receive subsidized child

11  care; and licensed, exempt, or registered child care providers

12  at the prevailing market rate for child care services for

13  children who are eligible to receive subsidized child care,

14  unless prohibited by federal law under s. 412.555 402.3015.

15  The agency department shall establish procedures to reimburse

16  providers of unregulated child care at not more than 50

17  percent of the market rate. The payment system may not

18  interfere with the parents' decision as to the appropriate

19  child care arrangement, regardless of the level of available

20  funding for child care. The child care program assessment tool

21  may not be used to determine reimbursement rates.

22         (3)  The department may provide child care grants to

23  central agencies, community colleges, and vocational/technical

24  programs for the purpose of providing support and technical

25  assistance to licensed child care providers.

26         (4)  The department may use the state community child

27  care coordination agencies (central agencies), community

28  colleges, and vocational/technical programs to implement this

29  section.

30         (3)(5)  The agency department may adopt rules and other

31  policy provisions necessary to implement this section.

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (4)(6)  This section shall be implemented only to the

  2  extent that funding is available.

  3         Section 24.  Section 402.3052, Florida Statutes, is

  4  renumbered as section 412.572, Florida Statutes, and amended

  5  to read:

  6         412.572 402.3052  Child development associate training

  7  grants program.--

  8         (1)  There is hereby created the child development

  9  associate training grants program within the agency

10  department.

11         (a)  The purpose of the child development associate

12  training grants program is to provide child care personnel who

13  work in a licensed child care facility or public and nonpublic

14  preschool program for children 5 years of age or under an

15  opportunity to receive a child development associate

16  credential, or its equivalent, and to receive other training

17  to enhance their skills.

18         (b)  The State Coordinating Council for School

19  Readiness Programs shall serve in an advisory capacity to the

20  department in the implementation of the training program.

21         (2)  The Florida Partnership for School Readiness

22  department shall establish eligibility criteria for the

23  training program for child care personnel under this section.

24         (3)  The agency department through contract may provide

25  a training grant to a community college, vocational/technical

26  program, local school readiness coalition central agency, or

27  other entity to provide the training for a child development

28  associate credential or its equivalent.

29         (4)  The agency department shall require a community

30  college, vocational/technical program, local school readiness

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  coalition central agency, or other entity under contract to

  2  comply with the following requirements:

  3         (a)  Identification of the training needs of the area

  4  served by the community college, vocational/technical program,

  5  local school readiness coalition central agency, or other

  6  entity participating in the training grant, including an

  7  assessment of area resources available for training child

  8  care, home visits, and other family support personnel to work

  9  with children with special needs.

10         (b)  Development of procedures to accommodate and

11  facilitate the attendance of child care personnel who are

12  interested in the training at the training site and location.

13         (c)  Development of a plan to provide training and

14  technical assistance, as needed, to child care personnel after

15  the attainment of the child development associate credential

16  or its equivalent.

17         (d)  Development of lending resources and other library

18  material addressing child development, for the use of child

19  care personnel in a licensed child care facility.

20         (e)  Submission of an annual training report that

21  provides information required by the agency department,

22  including, but not limited to, the following:

23         1.  The number of child care personnel trained.

24         2.  The number of child care personnel attaining the

25  child development associate credential or its equivalent.

26         (f)  The development of training strategies to train

27  child care personnel beyond the child development associate

28  credential.

29         (g)  Other requirements as determined by the

30  partnership department.

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (5)  The agency department shall provide child care

  2  incentive grants for innovative child care private-public

  3  partnerships that promote the development of child care

  4  facilities or family day care homes.

  5         (a)  The purpose of the child care incentive grants is

  6  to encourage private-public partnership efforts to train and

  7  assist public assistance recipients to gain employment in

  8  child care facilities or operate child care facilities or

  9  family day care homes.

10         (b)  Child care incentive grants shall assist public

11  assistance recipients, whenever possible, in acquiring the

12  child development associate credential or its equivalent.

13         (c)  The agency department shall develop and implement

14  a plan, in cooperation with other state agencies, to maximize

15  existing federal and state funding sources to achieve the

16  purpose of this incentive grant.

17         (6)  The agency department may contract with the

18  Department of Education to implement any of the provisions of

19  the section.

20         (7)  The agency department may adopt rules and other

21  policy provisions necessary to implement this section.

22         (8)  This section shall be implemented only to the

23  extent that funding is available.

24         Section 25.  Section 402.3054, Florida Statutes, is

25  renumbered as section 412.573, Florida Statutes.

26         Section 26.  Section 402.3055, Florida Statutes, is

27  renumbered as section 412.574, Florida Statutes, and amended

28  to read:

29         412.574 402.3055  Child care personnel requirements.--

30         (1)  REQUIREMENTS FOR CHILD CARE PERSONNEL.--

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (a)  The agency department or local licensing agency

  2  shall require that the application for a child care license

  3  contain a question that specifically asks the applicant,

  4  owner, or operator if he or she has ever had a license denied,

  5  revoked, or suspended in any state or jurisdiction or has been

  6  the subject of a disciplinary action or been fined while

  7  employed in a child care facility. The applicant, owner, or

  8  operator shall attest to the accuracy of the information

  9  requested under penalty of perjury.  If the applicant, owner,

10  or operator admits that he or she has been a party in such

11  action, the agency department or local licensing agency shall

12  review the nature of the suspension, revocation, disciplinary

13  action, or fine before granting the applicant a license to

14  operate a child care facility. If the agency department or

15  local licensing agency determines as the result of such review

16  that it is not in the best interest of the state or local

17  jurisdiction for the applicant to be licensed, a license shall

18  not be granted.

19         (b)  The child care facility employer shall require

20  that the application for a child care personnel position

21  contain a question that specifically asks the applicant if he

22  or she has ever worked in a facility that has had a license

23  denied, revoked, or suspended in any state or jurisdiction or

24  has been the subject of a disciplinary action or been fined

25  while employed in a child care facility.  The applicant shall

26  attest to the accuracy of the information requested under

27  penalty of perjury. If the applicant admits that he or she has

28  been a party in such action, the employer shall review the

29  nature of the denial, suspension, revocation, disciplinary

30  action, or fine before the applicant is hired.

31

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    10-811-01                                               See HB




  1         (2)  EXCLUSION FROM OWNING, OPERATING, OR BEING

  2  EMPLOYED BY A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM;

  3  HEARINGS PROVIDED.--

  4         (a)  The agency department or local licensing agency

  5  shall deny, suspend, or revoke a license or pursue other

  6  remedies provided in s. 412.62 402.310, s. 412.64 402.312, or

  7  s. 412.70 402.319 in addition to or in lieu of denial,

  8  suspension, or revocation for failure to comply with this

  9  section.  The disciplinary actions determination to be made by

10  the agency department or the local licensing agency and the

11  procedure for hearing for applicants and licensees shall be in

12  accordance with s. 412.62 402.310.

13         (b)  When the agency department or the local licensing

14  agency has reasonable cause to believe that grounds for denial

15  or termination of employment exist, it shall notify, in

16  writing, the applicant, licensee, or other child care program

17  and the child care personnel affected, stating the specific

18  record which indicates noncompliance with the standards in s.

19  412.57(2) 402.305(2).

20         (c)  When the agency department is the organization

21  agency initiating the statement regarding noncompliance, the

22  procedures established for hearing under chapter 120 shall be

23  available to the applicant, licensee, or other child care

24  program and to the affected child care personnel, in order to

25  present evidence relating either to the accuracy of the basis

26  of exclusion or to the denial of an exemption from

27  disqualification.

28         (d)  When a local licensing agency is the organization

29  agency initiating the statement regarding noncompliance of an

30  employee with the standards contained in s. 412.57(2)

31  402.305(2), the employee, applicant, licensee, or other child

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    10-811-01                                               See HB




  1  care program has 15 days from the time of written notification

  2  of the agency's finding to make a written request for a

  3  hearing.  If a request for a hearing is not received in that

  4  time, the permanent employee, applicant, licensee, or other

  5  child care program is presumed to accept the finding.

  6         (e)  If a request for a hearing is made to the local

  7  licensing agency, a hearing shall be held within 30 days and

  8  shall be conducted by an individual designated by the county

  9  commission.

10         (f)  An employee, applicant, licensee, or other child

11  care program shall have the right to appeal a finding of the

12  local licensing agency to a representative of the agency

13  department.  Any required hearing shall be held in the county

14  in which the permanent employee is employed.  The hearing

15  shall be conducted in accordance with the provisions of

16  chapter 120.

17         (g)  Refusal on the part of an applicant or licensee to

18  dismiss child care personnel who have been found to be in

19  noncompliance with personnel standards of s. 412.57(2)

20  402.305(2) shall result in automatic denial or revocation of

21  the license in addition to any other remedies pursued by the

22  agency department or local licensing agency.

23         Section 27.  Section 402.3057, Florida Statutes, is

24  renumbered as section 412.575, Florida Statutes, and amended

25  to read:

26         412.575 402.3057  Persons not required to be

27  refingerprinted or rescreened.--Any provision of law to the

28  contrary notwithstanding, human resource personnel who have

29  been fingerprinted or screened pursuant to chapters 393, 394,

30  397, 402, and 409, and 412, and teachers and noninstructional

31  personnel who have been fingerprinted pursuant to chapter 231,

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    10-811-01                                               See HB




  1  who have not been unemployed for more than 90 days thereafter,

  2  and who under the penalty of perjury attest to the completion

  3  of such fingerprinting or screening and to compliance with the

  4  provisions of this section and the standards for good moral

  5  character as contained in such provisions as ss. 110.1127(3),

  6  393.0655(1), 394.457(6), 397.451, 412.57(2) 402.305(2), and

  7  409.175(4), shall not be required to be refingerprinted or

  8  rescreened in order to comply with any caretaker screening or

  9  fingerprinting requirements.

10         Section 28.  Section 402.306, Florida Statutes, is

11  renumbered as section 412.58, Florida Statutes, and amended to

12  read:

13         412.58 402.306  Designation of licensing agency;

14  dissemination by the agency department and local licensing

15  agency of information on child care.--

16         (1)  Any county whose licensing standards meet or

17  exceed state minimum standards may:

18         (a)  Designate a local licensing agency to license

19  child care facilities in the county; or

20         (b)  Contract with the agency department to delegate

21  the administration of state minimum standards in the county to

22  the agency department.

23         (2)  Child care facilities in any county whose

24  standards do not meet or exceed state minimum standards shall

25  be subject to licensing by the agency department under state

26  minimum standards.

27         (3)  The agency department and local licensing

28  agencies, or the designees thereof, shall be responsible for

29  coordination and dissemination of information on child care to

30  the community and shall make available upon request all

31  licensing standards and procedures, in addition to the names

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    10-811-01                                               See HB




  1  and addresses of licensed child care facilities and, where

  2  applicable pursuant to s. 412.65 402.313, licensed or

  3  registered family day care homes.

  4         Section 29.  Section 402.307, Florida Statutes, is

  5  renumbered as section 412.59, Florida Statutes, and amended to

  6  read:

  7         412.59 402.307  Approval of licensing agency.--

  8         (1)  Within 30 days after the promulgation of state

  9  minimum standards, each county shall provide the agency

10  department with a copy of its standards if they differ from

11  the state minimum standards.  At the same time, each county

12  shall provide the agency department with the administrative

13  procedures it intends to use for the licensing of child care

14  facilities.

15         (2)  The agency department shall have the authority to

16  determine if local standards meet or exceed state minimum

17  standards.  Within 60 days after the county has submitted its

18  standards and procedures, the agency department, upon being

19  satisfied that such standards meet or exceed state minimum

20  standards and that there is compliance with all provisions of

21  ss. 412.554-412.70 402.301-402.319, shall approve the local

22  licensing agency.

23         (3)  Approval to issue licenses for the agency

24  department shall be renewed annually.  For renewal, the local

25  licensing agency shall submit to the agency department a copy

26  of the licensing standards and procedures applied.  An onsite

27  review may be made if deemed necessary by the agency

28  department.

29         (4)  If, following an onsite review, the agency

30  department finds the local licensing agency is not applying

31  the approved standards, the agency department shall report the

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    10-811-01                                               See HB




  1  specific violations to the county commission of the involved

  2  county which shall investigate the violations and take

  3  whatever action necessary to correct them.

  4         (5)  To ensure that accurate statistical data are

  5  available, each local licensing agency shall report annually

  6  to the agency department the number of child care facilities

  7  under its jurisdiction, the number of children served, the

  8  ages of children served, and the number of revocations or

  9  denials of licenses.

10         Section 30.  Section 402.308, Florida Statutes, is

11  renumbered as section 412.60, Florida Statutes, and amended to

12  read:

13         412.60 402.308  Issuance of license.--

14         (1)  ANNUAL LICENSING.--Every child care facility in

15  the state shall have a license which shall be renewed

16  annually.

17         (2)  CHANGE OF OWNERSHIP.--Every child care facility

18  shall reapply for and receive a license prior to the time a

19  new owner assumes responsibility for the facility.  The agency

20  department shall grant or deny the reapplication for license

21  within 45 days from the date upon which the child care

22  facility reapplies.

23         (3)  STATE ADMINISTRATION OF LICENSING.--In any county

24  in which the agency department has the authority to issue

25  licenses, the following procedures shall be applied:

26         (a)  Application for a license or for a renewal of a

27  license to operate a child care facility shall be made in the

28  manner and on the forms prescribed by the agency department.

29  The applicant's social security number shall be included on

30  the form submitted to the agency department. Pursuant to the

31  federal Personal Responsibility and Work Opportunity

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    10-811-01                                               See HB




  1  Reconciliation Act of 1996, each applicant is required to

  2  provide his or her social security number in accordance with

  3  this section.  Disclosure of social security numbers obtained

  4  through this requirement shall be limited to the purpose of

  5  administration of the Title IV-D program for child support

  6  enforcement.

  7         (b)  Prior to the renewal of a license, the agency

  8  department shall reexamine the child care facility, including

  9  in that process the examination of the premises and those

10  records of the facility as required under s. 412.57 402.305,

11  to determine that minimum standards for licensing continue to

12  be met.

13         (c)  The agency department shall coordinate all

14  inspections of child care facilities.  A child care facility

15  is not required to implement a recommendation of one agency

16  that is in conflict with a recommendation of another agency if

17  such conflict arises due to uncoordinated inspections. Any

18  conflict in recommendations shall be resolved by the director

19  secretary of the agency department within 15 days after

20  written notice that such conflict exists.

21         (d)  The agency department shall issue or renew a

22  license upon receipt of the license fee and upon being

23  satisfied that all standards required by ss. 412.554-412.70

24  402.301-402.319 have been met.  A license may be issued if all

25  the screening materials have been timely submitted; however, a

26  license may not be issued or renewed if any of the child care

27  personnel at the applicant facility have failed the screening

28  required by ss. 412.57(2) 402.305(2) and 412.574 402.3055.

29         (4)  LOCAL ADMINISTRATION OF LICENSING.--In any county

30  in which there is a local licensing agency approved by the

31  agency department, the following procedures shall apply:

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    10-811-01                                               See HB




  1         (a)  Application for a license or for renewal of

  2  license to operate a child care facility shall be made in the

  3  manner and on the forms prescribed by the local licensing

  4  agency.

  5         (b)  Prior to the renewal of a license, the agency

  6  shall reexamine the child care facility, including in that

  7  process the examination of the premises and records of the

  8  facility as required in s. 412.57 402.305 to determine that

  9  minimum standards for licensing continue to be met.

10         (c)  The local licensing agency shall coordinate all

11  inspections of child care facilities.  A child care facility

12  is not required to implement a recommendation of one agency

13  that is in conflict with a recommendation of another agency if

14  such conflict arises due to uncoordinated inspections.  Any

15  conflict in recommendations shall be resolved by the county

16  commission or its representative within 15 days after written

17  notice that such conflict exists.

18         (d)  The local licensing agency shall issue a license

19  or renew a license upon being satisfied that all standards

20  required by ss. 412.554-412.70 402.301-402.319 have been met.

21  A license may be issued or renewed if all the screening

22  materials have been timely submitted; however, the local

23  licensing agency shall not issue or renew a license if any of

24  the child care personnel at the applicant facility have failed

25  the screening required by ss. 412.57(2) 402.305(2) and 412.574

26  402.3055.

27         (5)  ISSUANCE OF LOCAL OCCUPATIONAL LICENSES.--No

28  county or municipality shall issue an occupational license

29  which is being obtained for the purpose of operating a child

30  care facility regulated under this act without first

31  ascertaining that the applicant has been licensed to operate

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    10-811-01                                               See HB




  1  such facility at the specified location or locations by the

  2  agency department or local licensing agency.  The agency

  3  department or local licensing agency shall furnish to local

  4  agencies responsible for issuing occupational licenses

  5  sufficient instruction for making the above required

  6  determinations.

  7         Section 31.  Section 402.309, Florida Statutes, is

  8  renumbered as section 412.61, Florida Statutes, and amended to

  9  read:

10         412.61 402.309  Provisional license.--

11         (1)  The local licensing agency or the agency

12  department, whichever is authorized to license child care

13  facilities in a county, may issue a provisional license to

14  applicants for a license or to licensees who are unable to

15  conform to all the standards provided for in ss.

16  412.554-412.70 402.301-402.319.

17         (2)  No provisional license may be issued unless the

18  operator or owner makes adequate provisions for the health and

19  safety of the child. A provisional license may be issued if

20  all of the screening materials have been timely submitted;

21  however, a provisional license may not be issued unless the

22  child care facility is in compliance with the requirements for

23  screening of child care personnel in ss. 412.57 402.305 and

24  412.574 402.3055.

25         (3)  The provisional license shall in no event be

26  issued for a period in excess of 6 months; however, it may be

27  renewed one time for a period not in excess of 6 months under

28  unusual circumstances beyond the control of the applicant.

29         (4)  The provisional license may be suspended if

30  periodic inspection made by the local licensing agency or the

31

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    10-811-01                                               See HB




  1  agency department indicates that insufficient progress has

  2  been made toward compliance.

  3         Section 32.  Section 402.310, Florida Statutes, is

  4  renumbered as section 412.62, Florida Statutes, and amended to

  5  read:

  6         412.62 402.310  Disciplinary actions; hearings upon

  7  denial, suspension, or revocation of license; administrative

  8  fines.--

  9         (1)(a)  The agency department or local licensing agency

10  may deny, suspend, or revoke a license or impose an

11  administrative fine not to exceed $100 per violation, per day,

12  for the violation of any provision of ss. 412.554-412.70

13  402.301-402.319 or rules adopted thereunder. However, where

14  the violation could or does cause death or serious harm, the

15  agency department or local licensing agency may impose an

16  administrative fine, not to exceed $500 per violation per day.

17         (b)  In determining the appropriate disciplinary action

18  to be taken for a violation as provided in paragraph (a), the

19  following factors shall be considered:

20         1.  The severity of the violation, including the

21  probability that death or serious harm to the health or safety

22  of any person will result or has resulted, the severity of the

23  actual or potential harm, and the extent to which the

24  provisions of ss. 412.554-412.70 402.301-402.319 have been

25  violated.

26         2.  Actions taken by the licensee to correct the

27  violation or to remedy complaints.

28         3.  Any previous violations of the licensee.

29         (2)  When the agency department has reasonable cause to

30  believe that grounds for the denial, suspension, or revocation

31  of a license or imposition of an administrative fine exist, it

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    10-811-01                                               See HB




  1  shall determine the matter in accordance with procedures

  2  prescribed in chapter 120.  When the local licensing agency

  3  has reasonable cause to believe that grounds for the denial,

  4  suspension, or revocation of a license or imposition of an

  5  administrative fine exist, it shall notify the applicant or

  6  licensee in writing, stating the grounds upon which the

  7  license is being denied, suspended, or revoked or an

  8  administrative fine is being imposed.  If the applicant or

  9  licensee makes no written request for a hearing to the local

10  licensing agency within 15 days from receipt of such notice,

11  the license shall be deemed denied, suspended, or revoked or

12  an administrative fine shall be imposed.

13         (3)  If a request for a hearing is made to the local

14  licensing agency, a hearing shall be held within 30 days and

15  shall be conducted by an individual designated by the county

16  commission.

17         (4)  An applicant or licensee shall have the right to

18  appeal a decision of the local licensing agency to a

19  representative of the agency department. Any required hearing

20  shall be held in the county in which the child care facility

21  is being operated or is to be established. The hearing shall

22  be conducted in accordance with the provisions of chapter 120.

23         Section 33.  Section 402.311, Florida Statutes, is

24  renumbered as section 412.63, Florida Statutes, and amended to

25  read:

26         412.63 402.311  Inspection.--A licensed child care

27  facility shall accord to the agency department or the local

28  licensing agency, whichever is applicable, the privilege of

29  inspection, including access to facilities and personnel and

30  to those records required in s. 412.57 402.305, at reasonable

31  times during regular business hours, to ensure compliance with

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    10-811-01                                               See HB




  1  the provisions of ss. 412.554-412.70 402.301-402.319.  The

  2  right of entry and inspection shall also extend to any

  3  premises which the agency department or local licensing agency

  4  has reason to believe are being operated or maintained as a

  5  child care facility without a license, but no such entry or

  6  inspection of any premises shall be made without the

  7  permission of the person in charge thereof unless a warrant is

  8  first obtained from the circuit court authorizing same. Any

  9  application for a license or renewal made pursuant to this act

10  or the advertisement to the public for the provision of child

11  care as defined in s. 412.56 402.302 shall constitute

12  permission for any entry or inspection of the premises for

13  which the license is sought in order to facilitate

14  verification of the information submitted on or in connection

15  with the application.  In the event a licensed facility

16  refuses permission for entry or inspection to the agency

17  department or local licensing agency, a warrant shall be

18  obtained from the circuit court authorizing same prior to such

19  entry or inspection. The agency department or local licensing

20  agency may institute disciplinary proceedings pursuant to s.

21  412.62 402.310, for such refusal.

22         Section 34.  Section 402.3115, Florida Statutes, is

23  renumbered as section 412.631, Florida Statutes, and amended

24  to read:

25         412.631 402.3115  Elimination of duplicative and

26  unnecessary inspections; abbreviated inspections.--The Agency

27  for Workforce Innovation Department of Children and Family

28  Services and local governmental agencies that license child

29  care facilities shall develop and implement a plan to

30  eliminate duplicative and unnecessary inspections of child

31  care facilities. In addition, the agency department and the

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    10-811-01                                               See HB




  1  local governmental agencies shall develop and implement an

  2  abbreviated inspection plan for child care facilities that

  3  have had no Class 1 or Class 2 deficiencies, as defined by

  4  rule, for at least 2 consecutive years. The abbreviated

  5  inspection must include those elements identified by the

  6  agency department and the local governmental agencies as being

  7  key indicators of whether the child care facility continues to

  8  provide quality care and programming.

  9         Section 35.  Section 402.312, Florida Statutes, is

10  renumbered as section 412.64, Florida Statutes, and amended to

11  read:

12         412.64 402.312  License required; injunctive relief.--

13         (1)  The operation of a child care facility without a

14  license is prohibited.  If the agency department or the local

15  licensing agency discovers that a child care facility is being

16  operated without a license, the agency department or local

17  licensing agency is authorized to seek an injunction in the

18  circuit court where the facility is located to enjoin

19  continued operation of such facility. When the court is closed

20  for the transaction of judicial business, the agency

21  department or local licensing agency is authorized to seek an

22  emergency injunction to enjoin continued operation of such

23  unlicensed facility, which injunction shall be continued,

24  modified, or revoked on the next day of judicial business.

25         (2)  Other grounds for seeking an injunction to close a

26  facility are that:

27         (a)  There is any violation of the standards applied

28  under ss. 412.554-412.70 402.301-402.319 which threatens harm

29  to any child in the child care facility.

30         (b)  A licensee has repeatedly violated the standards

31  provided for under ss. 412.554-412.70 402.301-402.319.

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    10-811-01                                               See HB




  1         (c)  A child care facility continues to have children

  2  in attendance after the closing date established by the agency

  3  department or the local licensing agency.

  4         (3)  The agency department may impose an administrative

  5  fine on any child care facility operating without a license,

  6  consistent with the provisions of s. 412.62 402.310.

  7         Section 36.  Section 402.3125, Florida Statutes, is

  8  renumbered as section 412.641, Florida Statutes, and amended

  9  to read:

10         412.641 402.3125  Display and appearance of license;

11  posting of violations; information to be provided to

12  parents.--

13         (1)(a)  Upon receipt of a license issued under s.

14  412.60 402.308 or s. 412.61 402.309, the child care facility

15  shall display such license in a conspicuous place within the

16  facility.

17         (b)1.  In addition to posting the license as required

18  under paragraph (a), the child care facility shall post with

19  the license:

20         a.  Each citation for a violation of any standard or

21  requirement of ss. 412.554-412.70 402.301-402.319 that has

22  resulted in disciplinary action under s. 412.62 402.310 or s.

23  412.64 402.312.

24         b.  An explanation, written in simple language, of each

25  citation.

26         c.  A description, written in simple language, of the

27  corrective action, if any, taken by the facility for each

28  citation. Included in the description shall be the dates on

29  which the corrective action was taken.

30

31

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    10-811-01                                               See HB




  1         2.  Each citation, explanation, and description of

  2  corrective action shall remain posted for 1 year after the

  3  citation's effective date.

  4         (2)  The agency department shall ensure that every

  5  license it issues under s. 412.60 402.308 or s. 412.61 402.309

  6  bears the distinctive seals of the State of Florida and of the

  7  agency department and is clearly recognizable by its size,

  8  color, seals, and contents to be a state license or

  9  provisional license for a child care facility.

10         (3)  Each local licensing agency shall ensure that

11  every license it issues under s. 412.60 402.308 or s. 412.61

12  402.309 bears the distinctive seals of the issuing county and

13  of the agency department and is clearly recognizable by its

14  size, color, seals, and contents to be a county license or

15  provisional license for a child care facility.  Noncompliance

16  by a local licensing agency shall be deemed by the agency

17  department to be failure to meet minimum state standards and

18  shall result in the agency department immediately assuming

19  licensure authority in the county.

20         (4)  Any license issued pursuant to subsection (2) or

21  subsection (3) shall include the name, address, and telephone

22  number of the licensing agency.

23         (5)  The agency department shall develop a model

24  brochure for distribution by the agency department and by

25  local licensing agencies to every child care facility in the

26  state.  Pursuant thereto:

27         (a)  Upon receipt of such brochures, each child care

28  facility shall provide a copy of same to every parent,

29  guardian, or other person having entered a child in such

30  facility. Thereafter, a copy of such brochure shall be

31  provided to every parent, guardian, or other person entering a

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    10-811-01                                               See HB




  1  child in such facility upon entrance of the child or prior

  2  thereto.

  3         (b)  Each child care facility shall certify to the

  4  agency department or local licensing agency, whichever is

  5  appropriate, that it has so provided and will continue to so

  6  provide such brochures, which certification shall operate as a

  7  condition upon issuance and renewal of licensure.

  8  Noncompliance by any child care facility shall be grounds for

  9  sanction as provided in ss. 412.62 402.310 and 412.64 402.312.

10         (c)  The brochure shall, at a minimum, contain the

11  following information:

12         1.  A statement that the facility is licensed and has

13  met state standards for licensure as established by s. 412.57

14  402.305 or that the facility is licensed by a local licensing

15  agency and has met or exceeded the state standards, pursuant

16  to ss. 412.58 402.306 and 412.59 402.307. Such statement shall

17  include a listing of specific standards that licensed

18  facilities must meet pursuant to s. 412.57 402.305.

19         2.  A statement indicating that information about the

20  licensure status of the child care facility can be obtained by

21  telephoning the agency department office or the office of the

22  local licensing agency issuing the license at a telephone

23  number or numbers which shall be printed upon or otherwise

24  affixed to the brochure.

25         3.  The statewide toll-free telephone number of the

26  central abuse hotline, together with a notice that reports of

27  suspected and actual cases of child physical abuse, sexual

28  abuse, and neglect are received and referred for investigation

29  by the hotline.

30

31

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    10-811-01                                               See HB




  1         4.  The date that the current license for the facility

  2  was issued and the date of its scheduled expiration if it is

  3  not renewed.

  4         5.  Any other information relating to competent child

  5  care that the agency department deems would be helpful to

  6  parents and other caretakers in their selection of a child

  7  care facility.

  8         (d)  The agency department shall prepare a brochure

  9  containing substantially the same information as specified in

10  paragraph (c) and shall make such brochure available to all

11  interested persons, including physicians and other health

12  professionals; mental health professionals; school teachers or

13  other school personnel; social workers or other professional

14  child care, foster care, residential, or institutional

15  workers; and law enforcement officers.

16         Section 37.  Section 402.313, Florida Statutes, is

17  renumbered as section 412.65, Florida Statutes, and amended to

18  read:

19         412.65 402.313  Family day care homes.--

20         (1)  Family day care homes shall be licensed under this

21  act if they are presently being licensed under an existing

22  county licensing ordinance, if they are participating in the

23  subsidized child care program, or if the board of county

24  commissioners passes a resolution that family day care homes

25  be licensed.  If no county authority exists for the licensing

26  of a family day care home, the agency department shall have

27  the authority to license family day care homes under contract

28  for the purchase-of-service system in the subsidized child

29  care program.

30

31

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  1         (a)  If not subject to license, family day care homes

  2  shall register annually with the agency department, providing

  3  the following information:

  4         1.  The name and address of the home.

  5         2.  The name of the operator.

  6         3.  The number of children served.

  7         4.  Proof of a written plan to provide at least one

  8  other competent adult to be available to substitute for the

  9  operator in an emergency.  This plan shall include the name,

10  address, and telephone number of the designated substitute.

11         5.  Proof of screening and background checks.

12         6.  Proof of completion of the 30-hour training course,

13  which shall include:

14         a.  State and local rules and regulations that govern

15  child care.

16         b.  Health, safety, and nutrition.

17         c.  Identifying and reporting child abuse and neglect.

18         d.  Child development, including typical and atypical

19  language development; and cognitive, motor, social, and

20  self-help skills development.

21         e.  Observation of developmental behaviors, including

22  using a checklist or other similar observation tools and

23  techniques to determine a child's developmental level.

24         f.  Specialized areas, as determined by the agency

25  department, for owner-operators of family day care homes.

26         7.  Proof that immunization records are kept current.

27         (b)  The agency department or local licensing agency

28  may impose an administrative fine, not to exceed $100, for

29  failure to comply with licensure or registration requirements.

30

31

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    10-811-01                                               See HB




  1         (c)  A family day care home not participating in the

  2  subsidized child care program may volunteer to be licensed

  3  under the provisions of this act.

  4         (d)  The agency department may provide technical

  5  assistance to counties and family day care home providers to

  6  enable counties and family day care providers to achieve

  7  compliance with family day care homes standards.

  8         (2)  This information shall be included in a directory

  9  to be published annually by the agency department to inform

10  the public of available child care facilities.

11         (3)  Child care personnel in family day care homes

12  shall be subject to the applicable screening provisions

13  contained in ss. 412.57(2) 402.305(2) and 412.574 402.3055.

14  For purposes of screening in family day care homes, the term

15  includes any member over the age of 12 years of a family day

16  care home operator's family, or persons over the age of 12

17  years residing with the operator in the family day care home.

18  Members of the operator's family, or persons residing with the

19  operator, who are between the ages of 12 years and 18 years

20  shall not be required to be fingerprinted, but shall be

21  screened for delinquency records.

22         (4)  Operators of family day care homes shall take an

23  approved 30-clock-hour introductory course in child care.

24  Family day care homes licensed or registered on June 30, 1999,

25  shall have until June 30, 2001, to comply with this course

26  requirement, except that the department shall exempt family

27  day care homes in this category that can demonstrate that the

28  operator has received at least 30 hours of training. Family

29  day care homes initially licensed or registered on or after

30  July 1, 1999, but before October 1, 1999, shall have until

31  October 1, 1999, to comply with the 30-clock-hour course

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  1  requirement. Family day care homes initially licensed or

  2  registered on or after October 1, 1999, must comply with the

  3  30-clock-hour course requirement before caring for children.

  4         (5)  Family day care home operators may avail

  5  themselves of supportive services offered by the agency

  6  department.

  7         (6)  The Florida Partnership for School Readiness

  8  department shall prepare a brochure on family day care for

  9  distribution by the agency department and by local licensing

10  agencies, if appropriate, to family day care homes for

11  distribution to parents utilizing such child care, and to all

12  interested persons, including physicians and other health

13  professionals; mental health professionals; school teachers or

14  other school personnel; social workers or other professional

15  child care, foster care, residential, or institutional

16  workers; and law enforcement officers. The brochure shall, at

17  a minimum, contain the following information:

18         (a)  A brief description of the requirements for family

19  day care registration, training, and fingerprinting and

20  screening.

21         (b)  A listing of those counties that require licensure

22  of family day care homes.  Such counties shall provide an

23  addendum to the brochure that provides a brief description of

24  the licensure requirements or may provide a brochure in lieu

25  of the one described in this subsection, provided it contains

26  all the required information on licensure and the required

27  information in the subsequent paragraphs.

28         (c)  A statement indicating that information about the

29  family day care home's compliance with applicable state or

30  local requirements can be obtained by telephoning the agency

31  department office or the office of the local licensing agency,

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    10-811-01                                               See HB




  1  if appropriate, at a telephone number or numbers which shall

  2  be affixed to the brochure.

  3         (d)  The statewide toll-free telephone number of the

  4  central abuse hotline, together with a notice that reports of

  5  suspected and actual child physical abuse, sexual abuse, and

  6  neglect are received and referred for investigation by the

  7  hotline.

  8         (e)  Any other information relating to competent child

  9  care that the agency department or local licensing agency, if

10  preparing a separate brochure, deems would be helpful to

11  parents and other caretakers in their selection of a family

12  day care home.

13         (7)  On an annual basis, the partnership department

14  shall evaluate the registration and licensure system for

15  family day care homes. Such evaluation shall, at a minimum,

16  address the following:

17         (a)  The number of family day care homes registered and

18  licensed and the dates of such registration and licensure.

19         (b)  The number of children being served in both

20  registered and licensed family day care homes and any

21  available slots in such homes.

22         (c)  The number of complaints received concerning

23  family day care, the nature of the complaints, and the

24  resolution of such complaints.

25         (d)  The training activities utilized by child care

26  personnel in family day care homes for meeting the state or

27  local training requirements.

28

29  The evaluation shall be utilized by the partnership department

30  in any administrative modifications or adjustments to be made

31  in the registration of family day care homes or in any

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    10-811-01                                               See HB




  1  legislative requests for modifications to the system of

  2  registration or to other requirements for family day care

  3  homes.

  4         (8)  In order to inform the public of the state

  5  requirement for registration of family day care homes as well

  6  as the other requirements for such homes to legally operate in

  7  the state, the partnership department shall institute a media

  8  campaign to accomplish this end.  Such a campaign shall

  9  include, at a minimum, flyers, newspaper advertisements, radio

10  advertisements, and television advertisements.

11         (9)  Notwithstanding any other state or local law or

12  ordinance, any family day care home licensed pursuant to this

13  chapter or pursuant to a county ordinance shall be charged the

14  utility rates accorded to a residential home. A licensed

15  family day care home may not be charged commercial utility

16  rates.

17         (10)  The agency department shall, by rule, establish

18  minimum standards for family day care homes that are required

19  to be licensed by county licensing ordinance or county

20  licensing resolution or that voluntarily choose to be

21  licensed. The standards should include requirements for

22  staffing, maintenance of immunization records, mimimum health

23  standards, reduced standards for the regulation of child care

24  during evening hours by municipalities and counties, and

25  enforcement of standards.

26         Section 38.  Section 402.3131, Florida Statutes, is

27  renumbered as section 412.651, Florida Statutes, and amended

28  to read:

29         412.651 402.3131  Large family child care homes.--

30         (1)  Large family child care homes shall be licensed

31  under this section.

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    10-811-01                                               See HB




  1         (a)  The agency department or local licensing agency

  2  may impose an administrative fine, not to exceed $1,000, for

  3  failure to comply with licensure requirements.

  4         (b)  A licensed family day care home must first have

  5  operated for a minimum of 2 consecutive years, with an

  6  operator who has had a child development associate credential

  7  or its equivalent for 1 year, before seeking licensure as a

  8  large family child care home.

  9         (c)  The agency department may provide technical

10  assistance to counties and family day care home providers to

11  enable the counties and providers to achieve compliance with

12  minimum standards for large family child care homes.

13         (2)  Child care personnel in large family child care

14  homes shall be subject to the applicable screening provisions

15  contained in ss. 412.57(2) 402.305(2) and 412.574 402.3055.

16  For purposes of screening child care personnel in large family

17  child care homes, the term "child care personnel" includes any

18  member of a large family child care home operator's family 12

19  years of age or older, or any person 12 years of age or older

20  residing with the operator in the large family child care

21  home. Members of the operator's family, or persons residing

22  with the operator, who are between the ages of 12 years and 18

23  years, inclusive, shall not be required to be fingerprinted,

24  but shall be screened for delinquency records.

25         (3)  Operators of large family child care homes shall

26  take an approved 40-clock-hour introductory course in group

27  child care.

28         (4)  The agency department shall prepare a brochure on

29  large family child care homes for distribution to the general

30  public.

31

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    10-811-01                                               See HB




  1         (5)  The agency department shall, by rule, establish

  2  minimum standards for large family child care homes. The

  3  standards shall include, at a minimum, requirements for

  4  staffing, maintenance of immunization records, minimum health

  5  standards, minimum safety standards, minimum square footage,

  6  and enforcement of standards.

  7         (6)  Prior to being licensed by the agency department,

  8  large family child care homes must be approved by the state or

  9  local fire marshal in accordance with standards established

10  for child care facilities.

11         Section 39.  Section 402.3135, Florida Statutes, is

12  renumbered as section 412.652, Florida Statutes, and amended

13  to read:

14         412.652 402.3135  Subsidized child care case management

15  program.--

16         (1)  The agency department shall establish or contract

17  for a child care case management program for children at risk

18  of abuse or neglect participating in the subsidized child care

19  program and their families.

20         (2)  The case management program staff shall perform,

21  but not be limited to, the following duties and

22  responsibilities:

23         (a)  Participation in the case staffing meetings.

24         (b)  Provision of technical assistance to child care

25  staff or parents on child development matters or other issues

26  related to the child.

27         (c)  Provision of technical assistance to Child Care

28  Plus facilities or homes pursuant to s. 402.28.

29         (c)(d)  Supplementation of the training efforts of the

30  agency department and other providers in the child care and

31  child development area.

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    10-811-01                                               See HB




  1         (3)  The agency department shall conduct or contract

  2  for an evaluation to determine the effectiveness of this

  3  program component and establish an allocation workload

  4  methodology for budget development.

  5         Section 40.  Section 402.314, Florida Statutes, is

  6  renumbered as section 412.66, Florida Statutes, and amended to

  7  read:

  8         412.66 402.314  Supportive services.--The agency

  9  department shall provide consultation services, technical

10  assistance, and inservice training, when requested and as

11  available, to operators, licensees, registrants, and

12  applicants to help improve programs, homes, and facilities for

13  child care, and shall work cooperatively with other

14  organizations and agencies concerned with child care.

15         Section 41.  Section 402.3145, Florida Statutes, is

16  renumbered as section 412.661, Florida Statutes, and

17  subsection (1) of that section is amended to read:

18         412.661 402.3145  Subsidized child care transportation

19  program.--

20         (1)  The agency department, pursuant to chapter 427,

21  shall establish a subsidized child care transportation system

22  for children at risk of abuse or neglect participating in the

23  subsidized child care program.  Local school readiness

24  coalitions The state community child care coordination

25  agencies shall contract for the provision of transportation

26  services as required by this section.

27         Section 42.  Section 402.315, Florida Statutes, is

28  renumbered as section 412.67, Florida Statutes, and amended to

29  read:

30         412.67 402.315  Funding; license fees.--

31

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    10-811-01                                               See HB




  1         (1)  If the county designates a local agency to be

  2  responsible for the licensing of child care facilities, the

  3  county shall bear at least 75 percent of the costs involved.

  4         (2)  The agency department shall bear the costs of the

  5  licensing of child care facilities when contracted to do so by

  6  a county or when directly responsible for licensing in a

  7  county which fails to meet or exceed state minimum standards.

  8         (3)  The agency department shall collect a fee for any

  9  license it issues for a child care facility pursuant to s.

10  412.60 402.308.  Such fee shall be $1 per child, except that

11  the minimum fee shall be $25 per center and the maximum fee

12  shall be $100 per center.

13         (4)  Any county may collect a fee for any license it

14  issues pursuant to s. 412.60 402.308.

15         (5)  All moneys collected by the agency department for

16  child care licensing shall be held in a trust fund of the

17  agency department to be reallocated to the agency department

18  during the following fiscal year to fund child care licensing

19  activities, including the Gold Seal Quality Care program

20  created pursuant to s. 412.553 402.281.

21         Section 43.  Section 402.316, Florida Statutes, is

22  renumbered as section 412.68, Florida Statutes, and amended to

23  read:

24         412.68 402.316  Exemptions.--

25         (1)  The provisions of ss. 412.554-412.70

26  402.301-402.319, except for the requirements regarding

27  screening of child care personnel, shall not apply to a child

28  care facility which is an integral part of church or parochial

29  schools conducting regularly scheduled classes, courses of

30  study, or educational programs accredited by, or by a member

31  of, an organization which publishes and requires compliance

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    10-811-01                                               See HB




  1  with its standards for health, safety, and sanitation.

  2  However, such facilities shall meet minimum requirements of

  3  the applicable local governing body as to health, sanitation,

  4  and safety and shall meet the screening requirements pursuant

  5  to ss. 412.57 402.305 and 412.574 402.3055. Failure by a

  6  facility to comply with such screening requirements shall

  7  result in the loss of the facility's exemption from licensure.

  8         (2)  Any county or city with state or local child care

  9  licensing programs in existence on July 1, 1974, will continue

10  to license the child care facilities as covered by such

11  programs, notwithstanding the provisions of subsection (1),

12  until and unless the licensing agency makes a determination to

13  exempt them.

14         (3)  Any child care facility covered by the exemption

15  provisions of subsection (1), but desiring to be included in

16  this act, is authorized to do so by submitting notification to

17  the agency department.  Once licensed, such facility cannot

18  withdraw from the act and continue to operate.

19         Section 44.  Section 402.318, Florida Statutes, is

20  renumbered as section 412.69, Florida Statutes.

21         Section 45.  Section 402.319, Florida Statutes, is

22  renumbered as section 412.70, Florida Statutes, and amended to

23  read:

24         412.70 402.319  Penalties.--

25         (1)  It is a misdemeanor of the first degree,

26  punishable as provided in s. 775.082 or s. 775.083, for any

27  person knowingly to:

28         (a)  Fail, by false statement, misrepresentation,

29  impersonation, or other fraudulent means, to disclose in any

30  application for voluntary or paid employment or licensure

31  regulated under ss. 412.554-412.69 402.301-402.318 all

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    10-811-01                                               See HB




  1  information required under those sections or a material fact

  2  used in making a determination as to such person's

  3  qualifications to be child care personnel, as defined in s.

  4  412.56 402.302, in a child care facility, family day care

  5  home, or other child care program.

  6         (b)  Operate or attempt to operate a child care

  7  facility without having procured a license as required by this

  8  act.

  9         (c)  Operate or attempt to operate a family day care

10  home without a license or without registering with the agency

11  department, whichever is applicable.

12         (d)  Operate or attempt to operate a child care

13  facility or family day care home under a license that is

14  suspended, revoked, or terminated.

15         (e)  Misrepresent, by act or omission, a child care

16  facility or family day care home to be duly licensed pursuant

17  to this act without being so licensed.

18         (f)  Make any other misrepresentation, by act or

19  omission, regarding the licensure or operation of a child care

20  facility or family day care home to a parent or guardian who

21  has a child placed in the facility or is inquiring as to

22  placing a child in the facility, or to a representative of the

23  licensing authority, or to a representative of a law

24  enforcement agency, including, but not limited to, any

25  misrepresentation as to:

26         1.  The number of children at the child care facility

27  or the family day care home;

28         2.  The part of the child care facility or family day

29  care home designated for child care;

30         3.  The qualifications or credentials of child care

31  personnel;

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    10-811-01                                               See HB




  1         4.  Whether a family day care home or child care

  2  facility complies with the screening requirements of s. 412.57

  3  402.305; or

  4         5.  Whether child care personnel have the training as

  5  required by s. 412.57 402.305.

  6         (2)  If any child care personnel makes any

  7  misrepresentation in violation of this section to a parent or

  8  guardian who has placed a child in the child care facility or

  9  family day care home, and the parent or guardian relied upon

10  the misrepresentation, and the child suffers great bodily

11  harm, permanent disfigurement, permanent disability, or death

12  as a result of an intentional act or negligence by the child

13  care personnel, then the child care personnel commits a felony

14  of the second degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084.

16         Section 46.  Section 412.71, Florida Statutes, is

17  created to read:

18         412.71  Fees.--Local school readiness coalitions shall

19  be responsible for establishing fees and fee collection

20  procedures for early care and education school readiness

21  programs pursuant to s. 412.51(5)(d)3.a.

22         Section 47.  Section 409.178, Florida Statutes, is

23  renumbered as section 412.72, Florida Statutes, and

24  subsections (4), (5), and (6) of that section are amended to

25  read:

26         412.72 409.178  Child Care Executive Partnership Act;

27  findings and intent; grant; limitation; rules.--

28         (4)  The Child Care Executive Partnership, staffed by

29  the Florida Partnership for School Readiness department, shall

30  consist of a representative of the Executive Office of the

31

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    10-811-01                                               See HB




  1  Governor and nine members of the corporate or child care

  2  community, appointed by the Governor.

  3         (a)  Members shall serve for a period of 4 years,

  4  except that the representative of the Executive Office of the

  5  Governor shall serve at the pleasure of the Governor.

  6         (b)  The Child Care Executive Partnership shall be

  7  chaired by a member chosen by a majority vote and shall meet

  8  at least quarterly and at other times upon the call of the

  9  chair.

10         (c)  Members shall serve without compensation, but may

11  be reimbursed for per diem and travel expenses in accordance

12  with s. 112.061.

13         (d)  The Child Care Executive Partnership shall have

14  all the powers and authority, not explicitly prohibited by

15  statute, necessary to carry out and effectuate the purposes of

16  this section, as well as the functions, duties, and

17  responsibilities of the partnership, including, but not

18  limited to, the following:

19         1.  Assisting in the formulation and coordination of

20  the state's child care policy.

21         2.  Adopting an official seal.

22         3.  Soliciting, accepting, receiving, investing, and

23  expending funds from public or private sources.

24         4.  Contracting with public or private entities as

25  necessary.

26         5.  Approving an annual budget.

27         6.  Carrying forward any unexpended state

28  appropriations into succeeding fiscal years.

29         7.  Providing a report to the Governor, the Speaker of

30  the House of Representatives, and the President of the Senate,

31  on or before December 1 of each year.

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    10-811-01                                               See HB




  1         (5)(a)  The Legislature shall annually determine the

  2  amount of state or federal low-income child care moneys which

  3  shall be used to create Child Care Executive Partnership

  4  Program child care purchasing pools in counties chosen by the

  5  Child Care Executive Partnership, provided that at least two

  6  of the counties have populations of no more than 300,000. The

  7  Legislature shall annually review the effectiveness of the

  8  child care purchasing pool program and reevaluate the

  9  percentage of additional state or federal funds, if any, that

10  can be used for the program's expansion.

11         (b)  To ensure a seamless service delivery and ease of

12  access for families, the local school readiness coalitions

13  community coordinated child care agencies or the state

14  resource and referral agency shall administer the child care

15  purchasing pool funds.

16         (c)  The partnership department, in conjunction with

17  the Child Care Executive Partnership, shall develop procedures

18  for disbursement of funds through the child care purchasing

19  pools. In order to be considered for funding, the local school

20  readiness coalitions community coordinated child care agency

21  or the statewide resource and referral agency must commit to:

22         1.  Matching the state purchasing pool funds on a

23  dollar-for-dollar basis; and

24         2.  Expending only those public funds which are matched

25  by employers, local government, and other matching

26  contributors who contribute to the purchasing pool. Parents

27  shall also pay a fee, which shall be not less than the amount

28  identified in the local school readiness coalition's

29  department's subsidized child care sliding fee scale.

30         (d)  Each local school readiness coalition community

31  coordinated child care agency shall be required to establish a

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    10-811-01                                               See HB




  1  community child care task force for each child care purchasing

  2  pool. The task force must be composed of employers, parents,

  3  private child care providers, and one representative each from

  4  the district interagency coordinating council for children's

  5  services and the local children's services council, if they

  6  exist in the area of the purchasing pool. The local school

  7  readiness coalition community coordinated child care agency is

  8  expected to recruit the task force members from existing child

  9  care councils, commissions, or task forces already operating

10  in the area of a purchasing pool. A majority of the task force

11  shall consist of employers.  Each task force shall develop a

12  plan for the use of child care purchasing pool funds. The plan

13  must show how many children will be served by the purchasing

14  pool, how many will be new to receiving child care services,

15  and how the local school readiness coalition community

16  coordinated child care agency intends to attract new employers

17  and their employees to the program.

18         (6)  The partnership Department of Children and Family

19  Services shall adopt any rules necessary for the

20  implementation and administration of this section.

21         Section 48.  Effective July 1, 2001, the Partnership

22  for School Readiness is transferred by a type two transfer,

23  pursuant to section 20.06(2), Florida Statutes, from the

24  Executive Office of the Governor to the Agency for Workforce

25  Innovation.

26         Section 49.  Effective July 1, 2001, subsidized child

27  care programs are transferred by a type two transfer, pursuant

28  to section 20.06(2), Florida Statutes, from the Department of

29  Children and Family Services to the Agency for Workforce

30  Innovation. This transfer shall include, but not be limited

31  to, the full-time equivalent of all staff positions that

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    10-811-01                                               See HB




  1  provide any of the following program or financial functions

  2  related to the subsidized child care program:  program

  3  planning, policy or procedure development, rulemaking,

  4  training, consultation, technical assistance, contract

  5  development, contract implementation, program or financial

  6  contract management, financial management, budgeting, grants

  7  or revenue management, licensure, regulation, data collection

  8  or analysis, and evaluation.

  9         Section 50.  Effective July 1, 2001, prekindergarten,

10  migrant prekindergarten, and Florida First Start programs are

11  transferred by a type two transfer, pursuant to section

12  20.06(2), Florida Statutes, from the Department of Education

13  to the Agency for Workforce Innovation. This transfer shall

14  include, but not be limited to, the full-time equivalent of

15  all staff positions that provide any of the following program

16  or financial functions related to the transferred programs:

17  program planning, policy or procedure development, rulemaking,

18  training, consultation, technical assistance, financial

19  management, budgeting, grants or revenue management, data

20  collection or analysis, and evaluation. Pursuant to contract,

21  staff performing program support functions specified by the

22  Florida Partnership for School Readiness shall be leased to

23  the partnership.

24         Section 51.  Subsection (6) of section 39.201, Florida

25  Statutes, is amended to read:

26         39.201  Mandatory reports of child abuse, abandonment,

27  or neglect; mandatory reports of death; central abuse

28  hotline.--

29         (6)  Information in the central abuse hotline may not

30  be used for employment screening, except as provided in s.

31  39.202(2)(a) and (h). Information in the central abuse hotline

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    10-811-01                                               See HB




  1  and the department's automated abuse information system may be

  2  used by the department, its authorized agents or contract

  3  providers, the Department of Health, or county agencies as

  4  part of the licensure or registration process pursuant to ss.

  5  412.554-412.70 402.301-402.319 and ss. 409.175-409.176.

  6         Section 52.  Subsection (1) of section 196.095, Florida

  7  Statutes, is amended to read:

  8         196.095  Exemption for a licensed child care facility

  9  operating in an enterprise zone.--

10         (1)  Any real estate used and owned as a child care

11  facility as defined in s. 412.56 402.302 which operates in an

12  enterprise zone pursuant to chapter 290 is exempt from

13  taxation.

14         Section 53.  Paragraph (m) of subsection (5) of section

15  212.08, Florida Statutes, is amended to read:

16         212.08  Sales, rental, use, consumption, distribution,

17  and storage tax; specified exemptions.--The sale at retail,

18  the rental, the use, the consumption, the distribution, and

19  the storage to be used or consumed in this state of the

20  following are hereby specifically exempt from the tax imposed

21  by this chapter.

22         (5)  EXEMPTIONS; ACCOUNT OF USE.--

23         (m)  Educational materials purchased by certain child

24  care facilities.--Educational materials, such as glue, paper,

25  paints, crayons, unique craft items, scissors, books, and

26  educational toys, purchased by a child care facility that

27  meets the standards delineated in s. 412.57 402.305, is

28  licensed under s. 412.60 402.308, holds a current Gold Seal

29  Quality Care designation pursuant to s. 412.553 402.281, and

30  provides basic health insurance to all employees are exempt

31  from the taxes imposed by this chapter. For purposes of this

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  paragraph, the term "basic health insurance" shall be defined

  2  and promulgated in rules developed jointly by the Department

  3  of Children and Family Services, the Agency for Health Care

  4  Administration, and the Department of Insurance.

  5         Section 54.  Paragraphs (cc) and (dd) of subsection (1)

  6  of section 220.03, Florida Statutes, are amended to read:

  7         220.03  Definitions.--

  8         (1)  SPECIFIC TERMS.--When used in this code, and when

  9  not otherwise distinctly expressed or manifestly incompatible

10  with the intent thereof, the following terms shall have the

11  following meanings:

12         (cc)  "Child care facility startup costs" means

13  expenditures for substantial renovation, equipment, including

14  playground equipment and kitchen appliances and cooking

15  equipment, real property, including land and improvements, and

16  for reduction of debt, made in connection with a child care

17  facility as defined by s. 412.56 402.302, or any facility

18  providing daily care to children who are mildly ill, which is

19  located in this state on the taxpayer's premises and used by

20  the employees of the taxpayer.

21         (dd)  "Operation of a child care facility" means

22  operation of a child care facility as defined by s. 412.56

23  402.302, or any facility providing daily care to children who

24  are mildly ill, which is located in this state within 5 miles

25  of at least one place of business of the taxpayer and which is

26  used by the employees of the taxpayer.

27         Section 55.  Paragraph (a) of subsection (1), paragraph

28  (a) of subsection (2), and paragraph (c) of subsection (4) of

29  section 220.19, Florida Statutes, are amended to read:

30         220.19  Child care tax credits.--

31         (1)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--

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    10-811-01                                               See HB




  1         (a)1.  A credit of 50 percent of the startup costs of

  2  child care facilities operated by a corporation for its

  3  employees is allowed against any tax due for a taxable year

  4  under this chapter.  A credit against such tax is also allowed

  5  for the operation of a child care facility by a corporation

  6  for its employees, which credit is in the amount of $50 per

  7  month for each child enrolled in the facility.

  8         2.  A credit is allowed against any tax due for a

  9  taxable year under this chapter for any taxpayer that makes

10  payments directly to a child care facility as defined by s.

11  412.56 402.302 which is licensed in accordance with s. 412.57

12  402.305, or to any facility providing daily care to children

13  who are mildly ill, which payments are made in the name of and

14  for the benefit of an employee of the taxpayer in this state

15  whose child attends the child care facility during the

16  employee's working hours.  The credit shall be an amount equal

17  to 50 percent of the amount of such child care payments.

18         (2)  ELIGIBILITY REQUIREMENTS.--

19         (a)  A child care facility with respect to which a

20  corporation claims a child care tax credit must be a child

21  care facility as defined by s. 412.56 402.302 and must be

22  licensed in accordance with s. 412.57 402.305, or must be a

23  facility providing daily care to children who are mildly ill.

24         (4)  ADMINISTRATION.--

25         (c)  All approvals for the granting of the tax credit

26  require prior verification by the Department of Children and

27  Family Services or local licensing agency that the corporation

28  meets the licensure requirements as defined in s. 412.56

29  402.302 and is currently licensed in accordance with s. 412.57

30  402.305, or is a facility providing daily care to children who

31  are mildly ill.

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    10-811-01                                               See HB




  1         Section 56.  Subsection (1) of section 228.061, Florida

  2  Statutes, is amended to read:

  3         228.061  Other public schools; preschool programs,

  4  prekindergarten early intervention programs, school-age child

  5  care programs, special schools and courses.--The public

  6  schools of Florida may, in addition to the schools prescribed

  7  in s. 228.051, include preschool programs, prekindergarten

  8  early intervention programs, school-age child care programs,

  9  special schools, and courses and classes as authorized below:

10         (1)  PRESCHOOL PROGRAMS.--Preschool programs shall

11  comprise classes for children who have attained the ages

12  prescribed by s. 232.01 and may be established at the

13  discretion of the school board.  Such programs or classes

14  shall be supported and maintained from district taxes, from

15  such funds supplemented by tuition charges, or from funds from

16  federal or other lawful sources, exclusive of state sources;

17  however, state funds may be used to support prekindergarten

18  early intervention programs pursuant to s. 412.53 230.2305.

19         Section 57.  Paragraph (d) of subsection (3) of section

20  229.808, Florida Statutes, is amended to read:

21         229.808  Annual nonpublic school survey.--

22         (3)

23         (d)  Owners or employees of nonpublic schools who have

24  been fingerprinted pursuant to this subsection, s. 231.02, s.

25  412.561 402.3025, or s. 412.574 402.3055 shall not be required

26  to be refingerprinted if they have not been unemployed or

27  unassociated with a nonpublic school or child care facility

28  for more than 90 days.

29         Section 58.  Paragraph (a) of subsection (1) of section

30  232.01, Florida Statutes, is amended to read:

31         232.01  School attendance.--

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (1)(a)1.  All children who have attained the age of 6

  2  years or who will have attained the age of 6 years by February

  3  1 of any school year or who are older than 6 years of age but

  4  who have not attained the age of 16 years, except as

  5  hereinafter provided, are required to attend school regularly

  6  during the entire school term.

  7         2.  Children who will have attained the age of 5 years

  8  on or before September 1 of the school year are eligible for

  9  admission to public kindergartens during that school year

10  under rules prescribed by the school board.

11         3.  Children who will have attained the age of 3 years

12  on or before September 1 of the school year are eligible for

13  admission to prekindergarten early intervention programs

14  during that school year as provided in s. 412.53 230.2305 or a

15  preschool program as provided in s. 228.061.

16         Section 59.  Paragraph (a) of subsection (2) of section

17  381.0072, Florida Statutes, is amended to read:

18         381.0072  Food service protection.--It shall be the

19  duty of the Department of Health to adopt and enforce

20  sanitation rules consistent with law to ensure the protection

21  of the public from food-borne illness. These rules shall

22  provide the standards and requirements for the storage,

23  preparation, serving, or display of food in food service

24  establishments as defined in this section and which are not

25  permitted or licensed under chapter 500 or chapter 509.

26         (2)  DUTIES.--

27         (a)  The department shall adopt rules, including

28  definitions of terms which are consistent with law prescribing

29  minimum sanitation standards and manager certification

30  requirements as prescribed in s. 509.039, and which shall be

31  enforced in food service establishments as defined in this

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    10-811-01                                               See HB




  1  section. The sanitation standards must address the

  2  construction, operation, and maintenance of the establishment;

  3  lighting, ventilation, laundry rooms, lockers, use and storage

  4  of toxic materials and cleaning compounds, and first-aid

  5  supplies; plan review; design, construction, installation,

  6  location, maintenance, sanitation, and storage of food

  7  equipment and utensils; employee training, health, hygiene,

  8  and work practices; food supplies, preparation, storage,

  9  transportation, and service, including access to the areas

10  where food is stored or prepared; and sanitary facilities and

11  controls, including water supply and sewage disposal; plumbing

12  and toilet facilities; garbage and refuse collection, storage,

13  and disposal; and vermin control. Public and private schools,

14  hospitals licensed under chapter 395, nursing homes licensed

15  under part II of chapter 400, child care facilities as defined

16  in s. 412.554 402.301, and residential facilities colocated

17  with a nursing home or hospital if all food is prepared in a

18  central kitchen that complies with nursing or hospital

19  regulations shall be exempt from the rules developed for

20  manager certification. The department shall administer a

21  comprehensive inspection, monitoring, and sampling program to

22  ensure such standards are maintained. With respect to food

23  service establishments permitted or licensed under chapter 500

24  or chapter 509, the department shall assist the Division of

25  Hotels and Restaurants of the Department of Business and

26  Professional Regulation and the Department of Agriculture and

27  Consumer Services with rulemaking by providing technical

28  information.

29         Section 60.  Section 393.0657, Florida Statutes, is

30  amended to read:

31

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         393.0657  Persons not required to be refingerprinted or

  2  rescreened.--Any provision of law to the contrary

  3  notwithstanding, human resource personnel who have been

  4  fingerprinted or screened pursuant to chapters 393, 394, 397,

  5  402, and 409, and 412, and teachers who have been

  6  fingerprinted pursuant to chapter 231, who have not been

  7  unemployed for more than 90 days thereafter, and who under the

  8  penalty of perjury attest to the completion of such

  9  fingerprinting or screening and to compliance with the

10  provisions of this section and the standards for good moral

11  character as contained in such provisions as ss. 110.1127(3),

12  393.0655(1), 394.457(6), 397.451, 412.57(2) 402.305(2), and

13  409.175(4), shall not be required to be refingerprinted or

14  rescreened in order to comply with any direct service provider

15  screening or fingerprinting requirements.

16         Section 61.  Paragraph (b) of subsection (2) of section

17  400.906, Florida Statutes, is amended to read:

18         400.906  Initial application for license.--

19         (2)  The application shall be under oath and shall

20  contain the following:

21         (b)  Information which provides a source to establish

22  the suitable character and competency of the applicant in

23  accordance with the provisions of s. 412.57(2) 402.305(2) and,

24  if applicable, of the owner or operator, including the name

25  and address of any licensed facility with which the applicant

26  or owner or operator has been affiliated through ownership or

27  employment within 5 years of the date of the application for a

28  license.

29         Section 62.  Subsection (3) of section 400.953, Florida

30  Statutes, is amended to read:

31

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    10-811-01                                               See HB




  1         400.953  Background screening of home medical equipment

  2  provider personnel.--The agency shall require employment

  3  screening as provided in chapter 435, using the level 1

  4  standards for screening set forth in that chapter, for home

  5  medical equipment provider personnel.

  6         (3)  Proof of compliance with the screening

  7  requirements of s. 110.1127, s. 393.0655, s. 394.4572, s.

  8  397.451, s. 412.57 402.305, s. 412.65 402.313, s. 409.175, s.

  9  464.008, or s. 985.407 or this part must be accepted in lieu

10  of the requirements of this section if the person has been

11  continuously employed in the same type of occupation for which

12  he or she is seeking employment without a breach in service

13  that exceeds 180 days, the proof of compliance is not more

14  than 2 years old, and the person has been screened by the

15  Department of Law Enforcement. An employer or contractor shall

16  directly provide proof of compliance to another employer or

17  contractor, and a potential employer or contractor may not

18  accept any proof of compliance directly from the person

19  requiring screening. Proof of compliance with the screening

20  requirements of this section shall be provided, upon request,

21  to the person screened by the home medical equipment provider.

22         Section 63.  Paragraph (a) of subsection (2) of section

23  402.164, Florida Statutes, is amended to read:

24         402.164  Legislative intent; definitions.--

25         (2)  As used in ss. 402.164-402.167, the term:

26         (a)  "Client" means a client as defined in s. 393.063,

27  s. 394.67, s. 397.311, or s. 400.960, a forensic client or

28  client as defined in s. 916.106, a child or youth as defined

29  in s. 39.01, a child as defined in s. 827.01, a family as

30  defined in s. 414.0252, a participant as defined in s.

31  400.551, a resident as defined in s. 400.402, a Medicaid

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  1  recipient or recipient as defined in s. 409.901, a child

  2  receiving childcare as defined in s. 412.56 402.302, a

  3  disabled adult as defined in s. 410.032 or s. 410.603, or a

  4  victim as defined in s. 39.01 or s. 415.102 as each definition

  5  applies within its respective chapter.

  6         Section 64.  Subsection (6) of section 402.26, Florida

  7  Statutes, is amended to read:

  8         402.26  Child care; legislative intent.--

  9         (6)  It is the intent of the Legislature that a child

10  care facility licensed pursuant to s. 412.57 402.305 or a

11  child care facility exempt from licensing pursuant to s.

12  412.68 402.316, that achieves Gold Seal Quality status

13  pursuant to s. 412.553 402.281, be considered an educational

14  institution for the purpose of qualifying for exemption from

15  ad valorem tax pursuant to s. 196.198.

16         Section 65.  Subsection (2) of section 402.45, Florida

17  Statutes, is amended to read:

18         402.45  Community resource mother or father program.--

19         (2)  No later than January 1, 1990, the department

20  shall have community resource mother or father programs

21  operational in some counties with high incidences of medically

22  underserved high-risk children, low birthweight babies, and

23  infant mortality. The programs shall be established in areas

24  where the Florida First Start Program established under s.

25  412.52 230.2303 is not operational or is not able to serve the

26  entire population needs in a community.

27         Section 66.  Paragraph (b) of subsection (5) of section

28  409.1671, Florida Statutes, is amended to read:

29         409.1671  Foster care and related services;

30  privatization.--

31         (5)

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  1         (b)  Substitute care providers who are licensed under

  2  s. 409.175 and have contracted with a lead agency authorized

  3  under this section shall also be authorized to provide

  4  registered or licensed family day care under s. 412.65

  5  402.313, if consistent with federal law and if the home has

  6  met:

  7         1.  The requirements of s. 412.65 402.313; and

  8         2.  The requirements of s. 412.553 402.281 and has

  9  received Gold Seal Quality Care designation.

10         Section 67.  Section 409.1757, Florida Statutes, is

11  amended to read:

12         409.1757  Persons not required to be refingerprinted or

13  rescreened.--Any provision of law to the contrary

14  notwithstanding, human resource personnel who have been

15  fingerprinted or screened pursuant to chapters 393, 394, 397,

16  412 402, and this chapter, and teachers who have been

17  fingerprinted pursuant to chapter 231, who have not been

18  unemployed for more than 90 days thereafter, and who under the

19  penalty of perjury attest to the completion of such

20  fingerprinting or screening and to compliance with the

21  provisions of this section and the standards for good moral

22  character as contained in such provisions as ss. 110.1127(3),

23  393.0655(1), 394.457(6), 397.451, 412.57(2) 402.305(2), and

24  409.175(4), shall not be required to be refingerprinted or

25  rescreened in order to comply with any caretaker screening or

26  fingerprinting requirements.

27         Section 68.  Section 411.011, Florida Statutes, is

28  amended to read:

29         411.011  Records of children in school readiness

30  programs.--The individual records of children enrolled in

31  school readiness programs provided under s. 412.51 411.01,

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  1  when held in the possession of the school readiness coalition

  2  or the Florida Partnership for School Readiness, are

  3  confidential and exempt from the provisions of s. 119.07 and

  4  s. 24(a), Art. I of the State Constitution. For the purposes

  5  of this section, records include assessment data, health data,

  6  records of teacher observations, and identifying data,

  7  including the child's social security number. A parent,

  8  guardian, or individual acting as a parent in the absence of a

  9  parent or guardian has the right to inspect and review the

10  individual school readiness program record of his or her child

11  and to obtain a copy of the record. School readiness records

12  may be released to the United States Secretary of Education,

13  the United States Secretary of Health and Human Services, and

14  the Comptroller General of the United States for the purpose

15  of federal audits; to individuals or organizations conducting

16  studies for institutions to develop, validate, or administer

17  assessments or improve instruction; to accrediting

18  organizations in order to carry out their accrediting

19  functions; to appropriate parties in connection with an

20  emergency if the information is necessary to protect the

21  health or safety of the student or other individuals; to the

22  Auditor General in connection with his or her official

23  functions; to a court of competent jurisdiction in compliance

24  with an order of that court pursuant to a lawfully issued

25  subpoena; and to parties to an interagency agreement among

26  school readiness coalitions, local governmental agencies,

27  providers of school readiness programs, state agencies, and

28  the Florida Partnership for School Readiness for the purpose

29  of implementing the school readiness program. Agencies,

30  organizations, or individuals that receive school readiness

31  records in order to carry out their official functions must

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    10-811-01                                               See HB




  1  protect the data in a manner that will not permit the personal

  2  identification of students and their parents by persons other

  3  than those authorized to receive the records. This section is

  4  subject to the Open Government Sunset Review Act of 1995 in

  5  accordance with s. 119.15 and shall stand repealed on October

  6  2, 2005, unless reviewed and saved from repeal through

  7  reenactment by the Legislature.

  8         Section 69.  Paragraph (f) of subsection (8) of section

  9  411.203, Florida Statutes, is amended to read:

10         411.203  Continuum of comprehensive services.--The

11  Department of Education and the Department of Health and

12  Rehabilitative Services shall utilize the continuum of

13  prevention and early assistance services for high-risk

14  pregnant women and for high-risk and handicapped children and

15  their families, as outlined in this section, as a basis for

16  the intraagency and interagency program coordination,

17  monitoring, and analysis required in this chapter.  The

18  continuum shall be the guide for the comprehensive statewide

19  approach for services for high-risk pregnant women and for

20  high-risk and handicapped children and their families, and may

21  be expanded or reduced as necessary for the enhancement of

22  those services.  Expansion or reduction of the continuum shall

23  be determined by intraagency or interagency findings and

24  agreement, whichever is applicable. Implementation of the

25  continuum shall be based upon applicable eligibility criteria,

26  availability of resources, and interagency prioritization when

27  programs impact both agencies, or upon single agency

28  prioritization when programs impact only one agency.  The

29  continuum shall include, but not be limited to:

30         (8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND

31  PARENTS OF HIGH-RISK CHILDREN.--

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    10-811-01                                               See HB




  1         (f)  Parent support groups, such as the community

  2  resource mother or father program as established in s. 402.45,

  3  the Florida First Start Program as established in s. 412.52

  4  230.2303, or parents as first teachers, to strengthen families

  5  and to enable families of high-risk children to better meet

  6  their needs.

  7         Section 70.  Paragraphs (b) and (c) of subsection (1)

  8  and subsection (4) of section 445.023, Florida Statutes, are

  9  amended to read:

10         445.023  Program for dependent care for families with

11  children with special needs.--

12         (1)  There is created the program for dependent care

13  for families with children with special needs.  This program

14  is intended to provide assistance to families with children

15  who meet the following requirements:

16         (b)  The child or children are considered to be

17  children with special needs as defined by the subsidized child

18  care program authorized under s. 412.555 402.3015.

19         (c)  The family meets the income guidelines established

20  under s. 412.555 402.3015. Financial eligibility for this

21  program shall be based solely on the guidelines used for

22  subsidized child care, notwithstanding any financial

23  eligibility criteria to the contrary in s. 414.075, s.

24  414.085, or s. 414.095.

25         (4)  In addition to child care services provided under

26  s. 412.555 402.3015, dependent care may be provided for

27  children age 13 years and older who are in need of care due to

28  disability and where such care is needed for the parent to

29  accept or continue employment or otherwise participate in work

30  activities. The amount of subsidy shall be consistent with the

31  rates for special needs child care established by the

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  department. Dependent care needed for employment may be

  2  provided as transitional services for up to 2 years after

  3  eligibility for temporary cash assistance ends.

  4         Section 71.  Paragraphs (a) and (b) of subsection (1),

  5  paragraph (a) of subsection (2), paragraph (a) of subsection

  6  (3), and paragraph (c) of subsection (5) of section 624.5107,

  7  Florida Statutes, are amended to read:

  8         624.5107  Child care tax credits; definitions;

  9  authorization; limitations; eligibility and application

10  requirements; administration; expiration.--

11         (1)  DEFINITIONS.--As used in this section:

12         (a)  "Child care facility startup costs" means

13  expenditures for substantial renovation, equipment, including

14  playground equipment and kitchen appliances and cooking

15  equipment, real property, including land and improvements, and

16  for reduction of debt, made in connection with the

17  establishment of a child care facility as defined by s. 412.56

18  402.302, or any facility providing daily care to children who

19  are mildly ill, which is located in this state on the

20  insurer's premises and used by the employees of the insurer.

21         (b)  "Operation of a child care facility" means

22  operation of a child care facility as defined by s. 412.56

23  402.302, or any facility providing daily care to children who

24  are mildly ill, which is located in this state within 5 miles

25  of at least one place of business of the insurer and which is

26  used by the employees of the insurer.

27         (2)  AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.--

28         (a)1.  A credit of 50 percent of the startup costs of

29  child care facilities operated by an insurer for its employees

30  is allowed against any tax due for a taxable year under s.

31  624.509 or s. 624.510.  A credit against such tax is also

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    10-811-01                                               See HB




  1  allowed for the operation of a child care facility by an

  2  insurer for its employees, which credit is in the amount of

  3  $50 per month for each child enrolled in the facility.

  4         2.  A credit is allowed against any tax due for a

  5  taxable year under s. 624.509 or s. 624.510 for any insurer

  6  that makes payments directly to a child care facility as

  7  defined by s. 412.56 402.302 which is licensed in accordance

  8  with s. 412.57 402.305, or to any facility providing daily

  9  care to children who are mildly ill, which payments are made

10  in the name of and for the benefit of an employee of the

11  insurer in this state whose child attends the child care

12  facility during the employee's working hours.  The credit

13  shall be an amount equal to 50 percent of the amount of such

14  child care payments.

15         (3)  ELIGIBILITY REQUIREMENTS.--

16         (a)  A child care facility with respect to which an

17  insurer claims a child care tax credit must be a child care

18  facility as defined by s. 412.56 402.302 and must be licensed

19  in accordance with s. 412.57 402.305, or must be a facility

20  providing daily care to children who are mildly ill.

21         (5)  ADMINISTRATION.--

22         (c)  All approvals for the granting of the tax credit

23  require prior verification by the Department of Children and

24  Family Services or local licensing agency that the insurer

25  meets the licensure requirements as defined in s. 412.56

26  402.302 and is currently licensed in accordance with s. 412.57

27  402.305, or is a facility providing daily care to children who

28  are mildly ill.

29         Section 72.  Subsection (4) of section 627.70161,

30  Florida Statutes, is amended to read:

31         627.70161  Family day care insurance.--

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    10-811-01                                               See HB




  1         (4)  DENIAL, CANCELLATION, REFUSAL TO RENEW

  2  PROHIBITED.--An insurer may not deny, cancel, or refuse to

  3  renew a policy for residential property insurance solely on

  4  the basis that the policyholder or applicant operates a family

  5  day care home. In addition to other lawful reasons for

  6  refusing to insure, an insurer may deny, cancel, or refuse to

  7  renew a policy of a family day care home provider if one or

  8  more of the following conditions occur:

  9         (a)  The policyholder or applicant provides care for

10  more children than authorized for family day care homes by s.

11  412.56 402.302;

12         (b)  The policyholder or applicant fails to maintain a

13  separate commercial liability policy or an endorsement

14  providing liability coverage for the family day care home

15  operations;

16         (c)  The policyholder or applicant fails to comply with

17  the family day care home licensure and registration

18  requirements specified in s. 412.56 402.313; or

19         (d)  Discovery of willful or grossly negligent acts or

20  omissions or any violations of state laws or regulations

21  establishing safety standards for family day care homes by the

22  named insured or his or her representative which materially

23  increase any of the risks insured.

24         Section 73.  Paragraph (c) of subsection (1) of section

25  893.13, Florida Statutes, is amended to read:

26         893.13  Prohibited acts; penalties.--

27         (1)

28         (c)  Except as authorized by this chapter, it is

29  unlawful for any person to sell, manufacture, or deliver, or

30  possess with intent to sell, manufacture, or deliver a

31  controlled substance in, on, or within 1,000 feet of the real

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    10-811-01                                               See HB




  1  property comprising a child care facility as defined in s.

  2  412.56 402.302 or a public or private elementary, middle, or

  3  secondary school between the hours of 6 a.m. and 12 a.m.  Any

  4  person who violates this paragraph with respect to:

  5         1.  A controlled substance named or described in s.

  6  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,

  7  commits a felony of the first degree, punishable as provided

  8  in s. 775.082, s. 775.083, or s. 775.084. The defendant must

  9  be sentenced to a minimum term of imprisonment of 3 calendar

10  years unless the offense was committed within 1,000 feet of

11  the real property comprising a child care facility as defined

12  in s. 412.56 402.302.

13         2.  A controlled substance named or described in s.

14  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5.,

15  (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a

16  felony of the second degree, punishable as provided in s.

17  775.082, s. 775.083, or s. 775.084.

18         3.  Any other controlled substance, except as lawfully

19  sold, manufactured, or delivered, must be sentenced to pay a

20  $500 fine and to serve 100 hours of public service in addition

21  to any other penalty prescribed by law.

22

23  This paragraph does not apply to a child care facility unless

24  the owner or operator of the facility posts a sign that is not

25  less than 2 square feet in size with a word legend identifying

26  the facility as a licensed child care facility and that is

27  posted on the property of the child care facility in a

28  conspicuous place where the sign is reasonably visible to the

29  public.

30         Section 74.  Paragraph (g) of subsection (3) of section

31  921.0022, Florida Statutes, is amended to read:

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    10-811-01                                               See HB




  1         921.0022  Criminal Punishment Code; offense severity

  2  ranking chart.--

  3         (3)  OFFENSE SEVERITY RANKING CHART

  4

  5  Florida           Felony

  6  Statute           Degree             Description

  7

  8                              (g)  LEVEL 7

  9  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

10                              injury.

11  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

12                              bodily injury.

13  412.70(2) 402.319(2)2nd      Misrepresentation and negligence

14                              or intentional act resulting in

15                              great bodily harm, permanent

16                              disfiguration, permanent

17                              disability, or death.

18  409.920(2)         3rd      Medicaid provider fraud.

19  456.065(2)         3rd      Practicing a health care

20                              profession without a license.

21  456.065(2)         2nd      Practicing a health care

22                              profession without a license

23                              which results in serious bodily

24                              injury.

25  458.327(1)         3rd      Practicing medicine without a

26                              license.

27  459.013(1)         3rd      Practicing osteopathic medicine

28                              without a license.

29  460.411(1)         3rd      Practicing chiropractic medicine

30                              without a license.

31

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    10-811-01                                               See HB




  1  461.012(1)         3rd      Practicing podiatric medicine

  2                              without a license.

  3  462.17             3rd      Practicing naturopathy without a

  4                              license.

  5  463.015(1)         3rd      Practicing optometry without a

  6                              license.

  7  464.016(1)         3rd      Practicing nursing without a

  8                              license.

  9  465.015(2)         3rd      Practicing pharmacy without a

10                              license.

11  466.026(1)         3rd      Practicing dentistry or dental

12                              hygiene without a license.

13  467.201            3rd      Practicing midwifery without a

14                              license.

15  468.366            3rd      Delivering respiratory care

16                              services without a license.

17  483.828(1)         3rd      Practicing as clinical laboratory

18                              personnel without a license.

19  483.901(9)         3rd      Practicing medical physics

20                              without a license.

21  484.053            3rd      Dispensing hearing aids without a

22                              license.

23  494.0018(2)        1st      Conviction of any violation of

24                              ss. 494.001-494.0077 in which the

25                              total money and property

26                              unlawfully obtained exceeded

27                              $50,000 and there were five or

28                              more victims.

29

30

31

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    10-811-01                                               See HB




  1  560.123(8)(b)1.    3rd      Failure to report currency or

  2                              payment instruments exceeding

  3                              $300 but less than $20,000 by

  4                              money transmitter.

  5  560.125(5)(a)      3rd      Money transmitter business by

  6                              unauthorized person, currency or

  7                              payment instruments exceeding

  8                              $300 but less than $20,000.

  9  655.50(10)(b)1.    3rd      Failure to report financial

10                              transactions exceeding $300 but

11                              less than $20,000 by financial

12                              institution.

13  782.051(3)         2nd      Attempted felony murder of a

14                              person by a person other than the

15                              perpetrator or the perpetrator of

16                              an attempted felony.

17  782.07(1)          2nd      Killing of a human being by the

18                              act, procurement, or culpable

19                              negligence of another

20                              (manslaughter).

21  782.071            2nd      Killing of human being or viable

22                              fetus by the operation of a motor

23                              vehicle in a reckless manner

24                              (vehicular homicide).

25  782.072            2nd      Killing of a human being by the

26                              operation of a vessel in a

27                              reckless manner (vessel

28                              homicide).

29  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

30                              causing great bodily harm or

31                              disfigurement.

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    10-811-01                                               See HB




  1  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

  2                              weapon.

  3  784.045(1)(b)      2nd      Aggravated battery; perpetrator

  4                              aware victim pregnant.

  5  784.048(4)         3rd      Aggravated stalking; violation of

  6                              injunction or court order.

  7  784.07(2)(d)       1st      Aggravated battery on law

  8                              enforcement officer.

  9  784.08(2)(a)       1st      Aggravated battery on a person 65

10                              years of age or older.

11  784.081(1)         1st      Aggravated battery on specified

12                              official or employee.

13  784.082(1)         1st      Aggravated battery by detained

14                              person on visitor or other

15                              detainee.

16  784.083(1)         1st      Aggravated battery on code

17                              inspector.

18  790.07(4)          1st      Specified weapons violation

19                              subsequent to previous conviction

20                              of s. 790.07(1) or (2).

21  790.16(1)          1st      Discharge of a machine gun under

22                              specified circumstances.

23  790.166(3)         2nd      Possessing, selling, using, or

24                              attempting to use a hoax weapon

25                              of mass destruction.

26  796.03             2nd      Procuring any person under 16

27                              years for prostitution.

28  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

29                              victim less than 12 years of age;

30                              offender less than 18 years.

31

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    10-811-01                                               See HB




  1  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

  2                              victim 12 years of age or older

  3                              but less than 16 years; offender

  4                              18 years or older.

  5  806.01(2)          2nd      Maliciously damage structure by

  6                              fire or explosive.

  7  810.02(3)(a)       2nd      Burglary of occupied dwelling;

  8                              unarmed; no assault or battery.

  9  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

10                              unarmed; no assault or battery.

11  810.02(3)(d)       2nd      Burglary of occupied conveyance;

12                              unarmed; no assault or battery.

13  812.014(2)(a)      1st      Property stolen, valued at

14                              $100,000 or more; property stolen

15                              while causing other property

16                              damage; 1st degree grand theft.

17  812.019(2)         1st      Stolen property; initiates,

18                              organizes, plans, etc., the theft

19                              of property and traffics in

20                              stolen property.

21  812.131(2)(a)      2nd      Robbery by sudden snatching.

22  812.133(2)(b)      1st      Carjacking; no firearm, deadly

23                              weapon, or other weapon.

24  825.102(3)(b)      2nd      Neglecting an elderly person or

25                              disabled adult causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  825.1025(2)        2nd      Lewd or lascivious battery upon

29                              an elderly person or disabled

30                              adult.

31

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    10-811-01                                               See HB




  1  825.103(2)(b)      2nd      Exploiting an elderly person or

  2                              disabled adult and property is

  3                              valued at $20,000 or more, but

  4                              less than $100,000.

  5  827.03(3)(b)       2nd      Neglect of a child causing great

  6                              bodily harm, disability, or

  7                              disfigurement.

  8  827.04(3)          3rd      Impregnation of a child under 16

  9                              years of age by person 21 years

10                              of age or older.

11  837.05(2)          3rd      Giving false information about

12                              alleged capital felony to a law

13                              enforcement officer.

14  872.06             2nd      Abuse of a dead human body.

15  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

16                              cocaine (or other drug prohibited

17                              under s. 893.03(1)(a), (1)(b),

18                              (1)(d), (2)(a), (2)(b), or

19                              (2)(c)4.) within 1,000 feet of a

20                              child care facility or school.

21  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

22                              cocaine or other drug prohibited

23                              under s. 893.03(1)(a), (1)(b),

24                              (1)(d), (2)(a), (2)(b), or

25                              (2)(c)4., within 1,000 feet of

26                              property used for religious

27                              services or a specified business

28                              site.

29

30

31

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    10-811-01                                               See HB




  1  893.13(4)(a)       1st      Deliver to minor cocaine (or

  2                              other s. 893.03(1)(a), (1)(b),

  3                              (1)(d), (2)(a), (2)(b), or

  4                              (2)(c)4. drugs).

  5  893.135(1)(a)1.    1st      Trafficking in cannabis, more

  6                              than 50 lbs., less than 2,000

  7                              lbs.

  8  893.135

  9   (1)(b)1.a.        1st      Trafficking in cocaine, more than

10                              28 grams, less than 200 grams.

11  893.135

12   (1)(c)1.a.        1st      Trafficking in illegal drugs,

13                              more than 4 grams, less than 14

14                              grams.

15  893.135

16   (1)(d)1.          1st      Trafficking in phencyclidine,

17                              more than 28 grams, less than 200

18                              grams.

19  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

20                              than 200 grams, less than 5

21                              kilograms.

22  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

23                              than 14 grams, less than 28

24                              grams.

25  893.135

26   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

27                              grams or more, less than 14

28                              grams.

29

30

31

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    10-811-01                                               See HB




  1  893.135

  2   (1)(h)1.a.        1st      Trafficking in

  3                              gamma-hydroxybutyric acid (GHB),

  4                              1 kilogram or more, less than 5

  5                              kilograms.

  6  893.135

  7   (1)(i)1.a.        1st      Trafficking in 1,4-Butanediol, 1

  8                              kilogram or more, less then 5

  9                              kilograms.

10  893.135

11   (1)(j)2.a.        1st      Trafficking in Phenethylamines,

12                              10 grams or more, less than 200

13                              grams.

14  896.101(5)(a)      3rd      Money laundering, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  896.104(4)(a)1.    3rd      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions exceeding $300 but

21                              less than $20,000.

22         Section 75.  Paragraph (a) of subsection (4) of section

23  943.0585, Florida Statutes, is amended to read:

24         943.0585  Court-ordered expunction of criminal history

25  records.--The courts of this state have jurisdiction over

26  their own procedures, including the maintenance, expunction,

27  and correction of judicial records containing criminal history

28  information to the extent such procedures are not inconsistent

29  with the conditions, responsibilities, and duties established

30  by this section.  Any court of competent jurisdiction may

31  order a criminal justice agency to expunge the criminal

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1  history record of a minor or an adult who complies with the

  2  requirements of this section.  The court shall not order a

  3  criminal justice agency to expunge a criminal history record

  4  until the person seeking to expunge a criminal history record

  5  has applied for and received a certificate of eligibility for

  6  expunction pursuant to subsection (2).  A criminal history

  7  record that relates to a violation of chapter 794, s. 800.04,

  8  s. 817.034, s. 827.071, chapter 839, s. 893.135, or a

  9  violation enumerated in s. 907.041 may not be expunged,

10  without regard to whether adjudication was withheld, if the

11  defendant was found guilty of or pled guilty or nolo

12  contendere to the offense, or if the defendant, as a minor,

13  was found to have committed, or pled guilty or nolo contendere

14  to committing, the offense as a delinquent act. The court may

15  only order expunction of a criminal history record pertaining

16  to one arrest or one incident of alleged criminal activity,

17  except as provided in this section. The court may, at its sole

18  discretion, order the expunction of a criminal history record

19  pertaining to more than one arrest if the additional arrests

20  directly relate to the original arrest. If the court intends

21  to order the expunction of records pertaining to such

22  additional arrests, such intent must be specified in the

23  order. A criminal justice agency may not expunge any record

24  pertaining to such additional arrests if the order to expunge

25  does not articulate the intention of the court to expunge a

26  record pertaining to more than one arrest. This section does

27  not prevent the court from ordering the expunction of only a

28  portion of a criminal history record pertaining to one arrest

29  or one incident of alleged criminal activity.  Notwithstanding

30  any law to the contrary, a criminal justice agency may comply

31  with laws, court orders, and official requests of other

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    10-811-01                                               See HB




  1  jurisdictions relating to expunction, correction, or

  2  confidential handling of criminal history records or

  3  information derived therefrom.  This section does not confer

  4  any right to the expunction of any criminal history record,

  5  and any request for expunction of a criminal history record

  6  may be denied at the sole discretion of the court.

  7         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

  8  criminal history record of a minor or an adult which is

  9  ordered expunged by a court of competent jurisdiction pursuant

10  to this section must be physically destroyed or obliterated by

11  any criminal justice agency having custody of such record;

12  except that any criminal history record in the custody of the

13  department must be retained in all cases. A criminal history

14  record ordered expunged that is retained by the department is

15  confidential and exempt from the provisions of s. 119.07(1)

16  and s. 24(a), Art. I of the State Constitution and not

17  available to any person or entity except upon order of a court

18  of competent jurisdiction. A criminal justice agency may

19  retain a notation indicating compliance with an order to

20  expunge.

21         (a)  The person who is the subject of a criminal

22  history record that is expunged under this section or under

23  other provisions of law, including former s. 893.14, former s.

24  901.33, and former s. 943.058, may lawfully deny or fail to

25  acknowledge the arrests covered by the expunged record, except

26  when the subject of the record:

27         1.  Is a candidate for employment with a criminal

28  justice agency;

29         2.  Is a defendant in a criminal prosecution;

30         3.  Concurrently or subsequently petitions for relief

31  under this section or s. 943.059;

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    10-811-01                                               See HB




  1         4.  Is a candidate for admission to The Florida Bar;

  2         5.  Is seeking to be employed or licensed by or to

  3  contract with the Department of Children and Family Services

  4  or the Department of Juvenile Justice or to be employed or

  5  used by such contractor or licensee in a sensitive position

  6  having direct contact with children, the developmentally

  7  disabled, the aged, or the elderly as provided in s.

  8  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

  9  412.56(4) 402.302(3), s. 412.65(3) 402.313(3), s.

10  409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or

11         6.  Is seeking to be employed or licensed by the Office

12  of Teacher Education, Certification, Staff Development, and

13  Professional Practices of the Department of Education, any

14  district school board, or any local governmental entity that

15  licenses child care facilities.

16         Section 76.  Paragraph (a) of subsection (4) of section

17  943.059, Florida Statutes, is amended to read:

18         943.059  Court-ordered sealing of criminal history

19  records.--The courts of this state shall continue to have

20  jurisdiction over their own procedures, including the

21  maintenance, sealing, and correction of judicial records

22  containing criminal history information to the extent such

23  procedures are not inconsistent with the conditions,

24  responsibilities, and duties established by this section.  Any

25  court of competent jurisdiction may order a criminal justice

26  agency to seal the criminal history record of a minor or an

27  adult who complies with the requirements of this section.  The

28  court shall not order a criminal justice agency to seal a

29  criminal history record until the person seeking to seal a

30  criminal history record has applied for and received a

31  certificate of eligibility for sealing pursuant to subsection

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    10-811-01                                               See HB




  1  (2).  A criminal history record that relates to a violation of

  2  chapter 794, s. 800.04, s. 817.034, s. 827.071, chapter 839,

  3  s. 893.135, or a violation enumerated in s. 907.041 may not be

  4  sealed, without regard to whether adjudication was withheld,

  5  if the defendant was found guilty of or pled guilty or nolo

  6  contendere to the offense, or if the defendant, as a minor,

  7  was found to have committed or pled guilty or nolo contendere

  8  to committing the offense as a delinquent act.  The court may

  9  only order sealing of a criminal history record pertaining to

10  one arrest or one incident of alleged criminal activity,

11  except as provided in this section. The court may, at its sole

12  discretion, order the sealing of a criminal history record

13  pertaining to more than one arrest if the additional arrests

14  directly relate to the original arrest.  If the court intends

15  to order the sealing of records pertaining to such additional

16  arrests, such intent must be specified in the order.  A

17  criminal justice agency may not seal any record pertaining to

18  such additional arrests if the order to seal does not

19  articulate the intention of the court to seal records

20  pertaining to more than one arrest.  This section does not

21  prevent the court from ordering the sealing of only a portion

22  of a criminal history record pertaining to one arrest or one

23  incident of alleged criminal activity. Notwithstanding any law

24  to the contrary, a criminal justice agency may comply with

25  laws, court orders, and official requests of other

26  jurisdictions relating to sealing, correction, or confidential

27  handling of criminal history records or information derived

28  therefrom.  This section does not confer any right to the

29  sealing of any criminal history record, and any request for

30  sealing a criminal history record may be denied at the sole

31  discretion of the court.

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    10-811-01                                               See HB




  1         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

  2  criminal history record of a minor or an adult which is

  3  ordered sealed by a court of competent jurisdiction pursuant

  4  to this section is confidential and exempt from the provisions

  5  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

  6  and is available only to the person who is the subject of the

  7  record, to the subject's attorney, to criminal justice

  8  agencies for their respective criminal justice purposes, or to

  9  those entities set forth in subparagraphs (a)1., 4., 5., and

10  6. for their respective licensing and employment purposes.

11         (a)  The subject of a criminal history record sealed

12  under this section or under other provisions of law, including

13  former s. 893.14, former s. 901.33, and former s. 943.058, may

14  lawfully deny or fail to acknowledge the arrests covered by

15  the sealed record, except when the subject of the record:

16         1.  Is a candidate for employment with a criminal

17  justice agency;

18         2.  Is a defendant in a criminal prosecution;

19         3.  Concurrently or subsequently petitions for relief

20  under this section or s. 943.0585;

21         4.  Is a candidate for admission to The Florida Bar;

22         5.  Is seeking to be employed or licensed by or to

23  contract with the Department of Children and Family Services

24  or the Department of Juvenile Justice or to be employed or

25  used by such contractor or licensee in a sensitive position

26  having direct contact with children, the developmentally

27  disabled, the aged, or the elderly as provided in s.

28  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

29  412.56(4) 402.302(3), s. 412.65(3) 402.313(3), s.

30  409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or

31  chapter 400; or

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         6.  Is seeking to be employed or licensed by the Office

  2  of Teacher Education, Certification, Staff Development, and

  3  Professional Practices of the Department of Education, any

  4  district school board, or any local governmental entity which

  5  licenses child care facilities.

  6         Section 77.  Subsection (2) of section 985.04, Florida

  7  Statutes, is amended to read:

  8         985.04  Oaths; records; confidential information.--

  9         (2)  Records maintained by the Department of Juvenile

10  Justice, including copies of records maintained by the court,

11  which pertain to a child found to have committed a delinquent

12  act which, if committed by an adult, would be a crime

13  specified in ss. 110.1127, 393.0655, 394.457, 397.451,

14  412.57(2) 402.305(2), 409.175, and 409.176 may not be

15  destroyed pursuant to this section, except in cases of the

16  death of the child. Such records, however, shall be sealed by

17  the court for use only in meeting the screening requirements

18  for personnel in s. 412.574 402.3055 and the other sections

19  cited above, or pursuant to departmental rule; however,

20  current criminal history information must be obtained from the

21  Department of Law Enforcement in accordance with s. 943.053.

22  The information shall be released to those persons specified

23  in the above cited sections for the purposes of complying with

24  those sections. The court may punish by contempt any person

25  who releases or uses the records for any unauthorized purpose.

26         Section 78.  Paragraph (e) of subsection (4) of section

27  985.05, Florida Statutes, is amended to read:

28         985.05  Court records.--

29         (4)  A court record of proceedings under this part is

30  not admissible in evidence in any other civil or criminal

31  proceeding, except that:

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    Florida Senate - 2001                                  SB 1802
    10-811-01                                               See HB




  1         (e)  Records of proceedings under this part may be used

  2  to prove disqualification pursuant to ss. 110.1127, 393.0655,

  3  394.457, 397.451, 412.57 402.305, 412.65 402.313, 409.175,

  4  409.176, and 985.407.

  5         Section 79.  This act shall take effect upon becoming a

  6  law.

  7

  8            *****************************************

  9                       LEGISLATIVE SUMMARY

10
      Requires the Agency for Workforce Innovation to provide
11    staff and other support to the Florida Partnership for
      School Readiness and transfers state responsibility for
12    prekindergarten programs, including subsidized child
      care, from various state departments to the agency and
13    the partnership. Changes the designation of offices
      within the agency to reflect the added jurisdiction and
14    responsibilities.

15
      Transfers funding, personnel, and other items from the
16    Executive Office of the Governor and the Department of
      Children and Family Services to the Agency for Workforce
17    Innovation.

18
      Places local responsibility for school readiness programs
19    with local school readiness coalitions rather than with
      district school boards.
20

21    (See bill for details.)

22

23

24

25

26

27

28

29

30

31

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