Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2570
       
       
       
       
       
       
                                Barcode 543100                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/01/2009           .                                
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       The Committee on Commerce (Lynn) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 39.0121, Florida
    6  Statutes, is amended to read:
    7         39.0121 Specific rulemaking authority.—Pursuant to the
    8  requirements of s. 120.536, the department is specifically
    9  authorized to adopt, amend, and repeal administrative rules
   10  which implement or interpret law or policy, or describe the
   11  procedure and practice requirements necessary to implement this
   12  chapter, including, but not limited to, the following:
   13         (7) Federal funding requirements and procedures; foster
   14  care and adoption subsidies; and subsidized independent living;
   15  and subsidized child care.
   16         Section 2. Paragraph (a) of subsection (2) of section
   17  39.202, Florida Statutes, is amended to read:
   18         39.202 Confidentiality of reports and records in cases of
   19  child abuse or neglect.—
   20         (2) Except as provided in subsection (4), access to such
   21  records, excluding the name of the reporter which shall be
   22  released only as provided in subsection (5), shall be granted
   23  only to the following persons, officials, and agencies:
   24         (a) Employees, authorized agents, or contract providers of
   25  the department, the Department of Health, the Agency for Persons
   26  with Disabilities, or county agencies responsible for carrying
   27  out:
   28         1. Child or adult protective investigations;
   29         2. Ongoing child or adult protective services;
   30         3. Early intervention and prevention services;
   31         4. Healthy Start services;
   32         5. Licensure or approval of adoptive homes, foster homes,
   33  child care facilities, facilities licensed under chapter 393, or
   34  family day care homes or informal child care providers who
   35  receive school readiness subsidized child care funding, or other
   36  homes used to provide for the care and welfare of children; or
   37         6. Services for victims of domestic violence when provided
   38  by certified domestic violence centers working at the
   39  department’s request as case consultants or with shared clients.
   40  
   41  Also, employees or agents of the Department of Juvenile Justice
   42  responsible for the provision of services to children, pursuant
   43  to chapters 984 and 985.
   44         Section 3. Paragraph (f) of subsection (2) of section
   45  39.5085, Florida Statutes, is amended to read:
   46         39.5085 Relative Caregiver Program.—
   47         (2)
   48         (f) Within available funding, the Relative Caregiver
   49  Program shall provide relative caregivers with family support
   50  and preservation services, flexible funds in accordance with s.
   51  409.165, subsidized child care, and other available services in
   52  order to support the child’s safety, growth, and healthy
   53  development. Children living with relative caregivers who are
   54  receiving assistance under this section shall be eligible for
   55  Medicaid coverage.
   56         Section 4. Paragraph (b) of subsection (1) and subsection
   57  (2) of section 383.14, Florida Statutes, are amended to read:
   58         383.14 Screening for metabolic disorders, other hereditary
   59  and congenital disorders, and environmental risk factors.—
   60         (1) SCREENING REQUIREMENTS.—To help ensure access to the
   61  maternal and child health care system, the Department of Health
   62  shall promote the screening of all newborns born in Florida for
   63  metabolic, hereditary, and congenital disorders known to result
   64  in significant impairment of health or intellect, as screening
   65  programs accepted by current medical practice become available
   66  and practical in the judgment of the department. The department
   67  shall also promote the identification and screening of all
   68  newborns in this state and their families for environmental risk
   69  factors such as low income, poor education, maternal and family
   70  stress, emotional instability, substance abuse, and other high
   71  risk conditions associated with increased risk of infant
   72  mortality and morbidity to provide early intervention,
   73  remediation, and prevention services, including, but not limited
   74  to, parent support and training programs, home visitation, and
   75  case management. Identification, perinatal screening, and
   76  intervention efforts shall begin prior to and immediately
   77  following the birth of the child by the attending health care
   78  provider. Such efforts shall be conducted in hospitals,
   79  perinatal centers, county health departments, school health
   80  programs that provide prenatal care, and birthing centers, and
   81  reported to the Office of Vital Statistics.
   82         (b) Postnatal screening.—A risk factor analysis using the
   83  department’s designated risk assessment instrument shall also be
   84  conducted as part of the medical screening process upon the
   85  birth of a child and submitted to the department’s Office of
   86  Vital Statistics for recording and other purposes provided for
   87  in this chapter. The department’s screening process for risk
   88  assessment shall include a scoring mechanism and procedures that
   89  establish thresholds for notification, further assessment,
   90  referral, and eligibility for services by professionals or
   91  paraprofessionals consistent with the level of risk. Procedures
   92  for developing and using the screening instrument, notification,
   93  referral, and care coordination services, reporting
   94  requirements, management information, and maintenance of a
   95  computer-driven registry in the Office of Vital Statistics which
   96  ensures privacy safeguards must be consistent with the
   97  provisions and plans established under chapter 411, Pub. L. No.
   98  99-457, and this chapter. Procedures established for reporting
   99  information and maintaining a confidential registry must include
  100  a mechanism for a centralized information depository at the
  101  state and county levels. The department shall coordinate with
  102  existing risk assessment systems and information registries. The
  103  department must ensure, to the maximum extent possible, that the
  104  screening information registry is integrated with the
  105  department’s automated data systems, including the Florida On
  106  line Recipient Integrated Data Access (FLORIDA) system. Tests
  107  and screenings must be performed by the State Public Health
  108  Laboratory, in coordination with Children’s Medical Services, at
  109  such times and in such manner as is prescribed by the department
  110  after consultation with the Genetics and Infant Screening
  111  Advisory Council and the Agency for Workforce Innovation State
  112  Coordinating Council for School Readiness Programs.
  113         (2) RULES.—After consultation with the Genetics and Newborn
  114  Screening Advisory Council, the department shall adopt and
  115  enforce rules requiring that every newborn in this state shall,
  116  prior to becoming 1 week of age, be subjected to a test for
  117  phenylketonuria and, at the appropriate age, be tested for such
  118  other metabolic diseases and hereditary or congenital disorders
  119  as the department may deem necessary from time to time. After
  120  consultation with the Agency for Workforce Innovation State
  121  Coordinating Council for School Readiness Programs, the
  122  department shall also adopt and enforce rules requiring every
  123  newborn in this state to be screened for environmental risk
  124  factors that place children and their families at risk for
  125  increased morbidity, mortality, and other negative outcomes. The
  126  department shall adopt such additional rules as are found
  127  necessary for the administration of this section and s. 383.145,
  128  including rules providing definitions of terms, rules relating
  129  to the methods used and time or times for testing as accepted
  130  medical practice indicates, rules relating to charging and
  131  collecting fees for the administration of the newborn screening
  132  program authorized by this section, rules for processing
  133  requests and releasing test and screening results, and rules
  134  requiring mandatory reporting of the results of tests and
  135  screenings for these conditions to the department.
  136         Section 5. Section 402.25, Florida Statutes, is
  137  transferred, renumbered as section 411.0106, Florida Statutes,
  138  and amended to read:
  139         411.0106 402.25 Infants and toddlers in state-funded
  140  education and care programs; brain development activities.—Each
  141  state-funded education and care program for children from birth
  142  to 5 years of age must provide activities to foster brain
  143  development in infants and toddlers. A program must provide an
  144  environment that helps children attain the performance standards
  145  adopted by the Agency for Workforce Innovation under s.
  146  411.01(4)(d)8. and must be rich in language and music and filled
  147  with objects of various colors, shapes, textures, and sizes to
  148  stimulate visual, tactile, auditory, and linguistic senses in
  149  the children and must include classical music and at least 30
  150  minutes of reading to the children each day. A program may be
  151  offered through an existing early childhood program such as
  152  Healthy Start, the Title I program, the school readiness program
  153  contracted or directly operated subsidized child care, the
  154  prekindergarten early intervention program, Florida First Start,
  155  the Head Start program, or a private child care program. A
  156  program must provide training for the infants’ and toddlers’
  157  parents including direct dialogue and interaction between
  158  teachers and parents demonstrating the urgency of brain
  159  development in the first year of a child’s life. Family day care
  160  centers are encouraged, but not required, to comply with this
  161  section.
  162         Section 6. Subsection (5) of section 402.26, Florida
  163  Statutes, is amended to read:
  164         402.26 Child care; legislative intent.—
  165         (5) It is the further intent of the Legislature to provide
  166  and make accessible child care opportunities for children at
  167  risk, economically disadvantaged children, and other children
  168  traditionally disenfranchised from society. In achieving this
  169  intent, the Legislature shall develop early learning programs a
  170  subsidized child care system, a range of child care options,
  171  support services, and linkages with other programs to fully meet
  172  the child care needs of this population.
  173         Section 7. Subsection (2) of section 402.281, Florida
  174  Statutes, is amended to read:
  175         402.281 Gold Seal Quality Care program.—
  176         (2) In developing the Gold Seal Quality Care program
  177  standards, the department shall consult with the Department of
  178  Education, the Agency for Workforce Innovation, the Florida Head
  179  Start Directors Association, the Florida Association of Child
  180  Care Management, the Florida Family Day Care Association, the
  181  Florida Children’s Forum, the State Coordinating Council for
  182  School Readiness Programs, the Early Childhood Association of
  183  Florida, the National Association for Child Development
  184  Education, providers receiving exemptions under s. 402.316, and
  185  parents, for the purpose of approving the accrediting
  186  associations.
  187         Section 8. Section 402.3018, Florida Statutes, is
  188  transferred, renumbered as section 411.01015, Florida Statutes,
  189  and amended to read:
  190         411.01015 402.3018 Consultation to child care centers and
  191  family day care homes regarding health, developmental,
  192  disability, and special needs issues.—
  193         (1) Contingent upon specific appropriations, the Agency for
  194  Workforce Innovation shall administer department is directed to
  195  contract with the statewide resource information and referral
  196  agency for a statewide toll-free Warm-Line for the purpose of
  197  providing assistance and consultation to child care centers and
  198  family day care homes regarding health, developmental,
  199  disability, and special needs issues of the children they are
  200  serving, particularly children with disabilities and other
  201  special needs.
  202         (2) The purpose of the Warm-Line is to provide advice to
  203  child care personnel concerning strategies, curriculum, and
  204  environmental adaptations that allow a child with a disability
  205  or special need to derive maximum benefit from the child care
  206  services experience.
  207         (3) The Agency for Workforce Innovation department shall
  208  annually inform child care centers and family day care homes of
  209  the availability of this service through the child care resource
  210  and referral network under s. 411.0101, on an annual basis.
  211         (4) Contingent upon specific appropriations, the Agency for
  212  Workforce Innovation department shall expand, or contract for
  213  the expansion of, the Warm-Line to maintain at least one Warm
  214  Line site in each early learning coalition service area from one
  215  statewide site to one Warm-Line site in each child care resource
  216  and referral agency region.
  217         (5) Each regional Warm-Line shall provide assistance and
  218  consultation to child care centers and family day care homes
  219  regarding health, developmental, disability, and special needs
  220  issues of the children they are serving, particularly children
  221  with disabilities and other special needs. Regional Warm-Line
  222  staff shall provide onsite technical assistance, when requested,
  223  to assist child care centers and family day care homes with
  224  inquiries relative to the strategies, curriculum, and
  225  environmental adaptations the child care centers and family day
  226  care homes may need as they serve children with disabilities and
  227  other special needs.
  228         Section 9. Section 402.3051, Florida Statutes, is
  229  transferred, renumbered as section 411.01013, Florida Statutes,
  230  and amended to read:
  231         (Substantial rewording of section. See
  232         s. 402.3051, F.S., for present text.)
  233         411.01013Prevailing market rate schedule.—
  234         (1)As used in this section, the term:
  235         (a)“Market rate” means the price that a child care
  236  provider charges for daily, weekly, or monthly child care
  237  services.
  238         (b)“Prevailing market rate” means the annually determined
  239  75th percentile of a reasonable frequency distribution of the
  240  market rate in a predetermined geographic market at which child
  241  care providers charge a person for child care services.
  242         (2)The Agency for Workforce Innovation shall establish
  243  procedures for the adoption of a prevailing market rate
  244  schedule. The schedule must include, at a minimum, county-by
  245  county rates:
  246         (a)At the prevailing market rate, plus the maximum rate
  247  for child care providers that hold a Gold Seal Quality Care
  248  designation under s. 402.281.
  249         (b)At the prevailing market rate for child care providers
  250  that do not hold a Gold Seal Quality Care designation.
  251         (3)The prevailing market rate schedule, at a minimum,
  252  must:
  253         (a)Differentiate rates by the type of child care provider,
  254  including, but not limited to, a child care facility licensed
  255  under s. 402.305, a public or nonpublic school exempt from
  256  licensure under s. 402.3025, a faith-based child care facility
  257  exempt from licensure under s. 402.316, a large family child
  258  care home licensed under s. 402.3131, a family day care home
  259  licensed or registered under s. 402.313, or an after-school
  260  program that is not defined as child care under rules adopted
  261  pursuant to s. 402.3045.
  262         (b)Differentiate rates by the type of child care services
  263  provided for children with special needs or risk categories,
  264  infants, toddlers, preschool-age children, and school-age
  265  children.
  266         (c)Differentiate rates between full-time and part-time
  267  child care services.
  268         (d)Consider discounted rates for child care services for
  269  multiple children in a single family.
  270         (4)The prevailing market rate schedule may not interfere
  271  with the parental choice of child care providers under s.
  272  411.01, regardless of available funding for the school readiness
  273  program. The prevailing market rate schedule must be based
  274  exclusively on the prices charged for child care services.
  275         (5)The Agency for Workforce Innovation may contract with
  276  one or more qualified entities to administer this section and
  277  provide support and technical assistance for child care
  278  providers.
  279         (6)The Agency for Workforce Innovation may adopt rules
  280  pursuant to ss. 120.536(1) and 120.54 to administer this
  281  section.
  282         Section 10. Subsection (1) of section 402.313, Florida
  283  Statutes, is amended to read:
  284         402.313 Family day care homes.—
  285         (1) Family day care homes shall be licensed under this act
  286  if they are presently being licensed under an existing county
  287  licensing ordinance, if they are participating in the subsidized
  288  child care program, or if the board of county commissioners
  289  passes a resolution that family day care homes be licensed. If
  290  no county authority exists for the licensing of a family day
  291  care home, the department shall have the authority to license
  292  family day care homes under contract for the purchase-of-service
  293  system in the subsidized child care program.
  294         (a) If not subject to license, family day care homes shall
  295  register annually with the department, providing the following
  296  information:
  297         1. The name and address of the home.
  298         2. The name of the operator.
  299         3. The number of children served.
  300         4. Proof of a written plan to provide at least one other
  301  competent adult to be available to substitute for the operator
  302  in an emergency. This plan shall include the name, address, and
  303  telephone number of the designated substitute.
  304         5. Proof of screening and background checks.
  305         6. Proof of successful completion of the 30-hour training
  306  course, as evidenced by passage of a competency examination,
  307  which shall include:
  308         a. State and local rules and regulations that govern child
  309  care.
  310         b. Health, safety, and nutrition.
  311         c. Identifying and reporting child abuse and neglect.
  312         d. Child development, including typical and atypical
  313  language development; and cognitive, motor, social, and self
  314  help skills development.
  315         e. Observation of developmental behaviors, including using
  316  a checklist or other similar observation tools and techniques to
  317  determine a child’s developmental level.
  318         f. Specialized areas, including early literacy and language
  319  development of children from birth to 5 years of age, as
  320  determined by the department, for owner-operators of family day
  321  care homes.
  322         7. Proof that immunization records are kept current.
  323         8. Proof of completion of the required continuing education
  324  units or clock hours.
  325         (b) A family day care home not participating in the
  326  subsidized child care program may volunteer to be licensed under
  327  the provisions of this act.
  328         (c) The department may provide technical assistance to
  329  counties and family day care home providers to enable counties
  330  and family day care providers to achieve compliance with family
  331  day care homes standards.
  332         Section 11. Subsection (3) of section 402.315, Florida
  333  Statutes, is amended to read:
  334         402.315 Funding; license fees.—
  335         (3) The department shall collect a fee for any license it
  336  issues for a child care facility pursuant to ss. 402.305,
  337  402.313, and 402.3131 s. 402.308.
  338         (a)For child care facilities licensed pursuant to s.
  339  402.305, such fee shall be $1 per child based on the licensed
  340  capacity of the facility, except that the minimum fee shall be
  341  $25 per facility center and the maximum fee shall be $100 per
  342  facility center.
  343         (b)For family day care homes registered pursuant to s.
  344  402.313, such fee shall be $25.
  345         (c)For family day care homes licensed pursuant to s.
  346  402.313, such fee shall be $50.
  347         (d)For large family child care homes licensed pursuant to
  348  s. 402.3131, such fee shall be $60.
  349         Section 12. Subsection (6) of section 402.45, Florida
  350  Statutes, is amended to read:
  351         402.45 Community resource mother or father program.—
  352         (6) Individuals under contract to provide community
  353  resource mother or father services shall participate in
  354  preservice and ongoing training as determined by the Department
  355  of Health in consultation with the Agency for Workforce
  356  Innovation State Coordinating Council for School Readiness
  357  Programs. A community resource mother or father shall not be
  358  assigned a client caseload until all preservice training
  359  requirements are completed.
  360         Section 13. Paragraph (c) of subsection (5) of section
  361  409.1671, Florida Statutes, is amended to read:
  362         409.1671 Foster care and related services; outsourcing.—
  363         (5)
  364         (c) A foster home dually licensed home under this section
  365  may shall be dually licensed as a child care facility under
  366  chapter 402 and may eligible to receive both an out-of-home care
  367  payment and, to the extent permitted under federal law, school
  368  readiness funding a subsidized child care payment for the same
  369  child pursuant to federal law. The department may adopt
  370  administrative rules necessary to administer this paragraph.
  371         Section 14. Paragraphs (a), (d), (e), (f), (g), and (h) of
  372  subsection (2) and subsections (4) through (11) of section
  373  411.01, Florida Statutes, are amended to read:
  374         411.01 School readiness programs; early learning
  375  coalitions.—
  376         (2) LEGISLATIVE INTENT.—
  377         (a) The Legislature recognizes that school readiness
  378  programs increase children’s chances of achieving future
  379  educational success and becoming productive members of society.
  380  It is the intent of the Legislature that the programs be
  381  developmentally appropriate, research-based, involve the parent
  382  parents as a their child’s first teacher, serve as preventive
  383  measures for children at risk of future school failure, enhance
  384  the educational readiness of eligible children, and support
  385  family education. Each school readiness program shall provide
  386  the elements necessary to prepare at-risk children for school,
  387  including health screening and referral and an appropriate
  388  educational program.
  389         (d) It is the intent of the Legislature that the
  390  administrative staff at the state level for school readiness
  391  programs be kept to the minimum necessary to administer the
  392  duties of the Agency for Workforce Innovation and early learning
  393  coalitions, as the school readiness programs are to be
  394  regionally designed, operated, and managed, with the Agency for
  395  Workforce Innovation developing school readiness program
  396  performance standards and outcome measures and approving and
  397  reviewing early learning coalitions and school readiness plans.
  398         (e)It is the intent of the Legislature that appropriations
  399  for combined school readiness programs shall not be less than
  400  the programs would receive in any fiscal year on an uncombined
  401  basis.
  402         (e)(f) It is the intent of the Legislature that the school
  403  readiness program coordinate and operate in conjunction with the
  404  district school systems. However, it is also the intent of the
  405  Legislature that the school readiness program not be construed
  406  as part of the system of free public schools but rather as a
  407  separate program for children under the age of kindergarten
  408  eligibility, funded separately from the system of free public
  409  schools, utilizing a mandatory sliding fee scale, and providing
  410  an integrated and seamless system of school readiness services
  411  for the state’s birth-to-kindergarten population.
  412         (g)It is the intent of the Legislature that the federal
  413  child care income tax credit be preserved for school readiness
  414  programs.
  415         (f)(h) It is the intent of the Legislature that school
  416  readiness services shall be an integrated and seamless program
  417  system of services with a developmentally appropriate education
  418  component for the state’s eligible birth-to-kindergarten
  419  population described in subsection (6) and shall not be
  420  construed as part of the seamless K-20 education system.
  421         (4) AGENCY FOR WORKFORCE INNOVATION.—
  422         (a) The Agency for Workforce Innovation shall administer
  423  school readiness programs at the state level and shall
  424  coordinate with the early learning coalitions in providing
  425  school readiness services on a full-day, full-year, full-choice
  426  basis to the extent possible in order to enable parents to work
  427  and be financially self-sufficient.
  428         (b) The Agency for Workforce Innovation shall:
  429         1. Coordinate the birth-to-kindergarten services for
  430  children who are eligible under subsection (6) and the
  431  programmatic, administrative, and fiscal standards under this
  432  section for all public providers of school readiness programs.
  433         2.Continue to provide unified leadership for school
  434  readiness through early learning coalitions.
  435         2.3. Focus on improving the educational quality of all
  436  program providers participating in publicly funded school
  437  readiness programs.
  438         (c) For purposes of administration of the federal Child
  439  Care and Development Fund, 45 C.F.R. parts 98 and 99, the Agency
  440  for Workforce Innovation is may be designated by the Governor as
  441  the lead agency and, if so designated, shall comply with the
  442  lead agency responsibilities under federal law.
  443         (d) The Agency for Workforce Innovation shall:
  444         1. Be responsible for the prudent use of all public and
  445  private funds in accordance with all legal and contractual
  446  requirements.
  447         2. Provide final approval and biannually periodic review of
  448  early learning coalitions and school readiness plans.
  449         3. Establish Provide leadership for the enhancement of
  450  school readiness in this state by aggressively establishing a
  451  unified approach to the state’s efforts toward enhancement of
  452  school readiness. In support of this effort, the Agency for
  453  Workforce Innovation may adopt develop and implement specific
  454  system support service strategies that address the state’s
  455  school readiness programs. An early learning coalition shall
  456  amend its school readiness plan to conform to the specific
  457  system support service strategies adopted by the Agency for
  458  Workforce Innovation. System support services shall include, but
  459  are not limited to:
  460         a.Child care resource and referral services;
  461         b.Warm-Line services;
  462         c.Eligibility determinations;
  463         d.Child performance standards;
  464         e.Child screening and assessment;
  465         f.Developmentally appropriate curricula;
  466         g.Health and safety requirements;
  467         h.Statewide data system requirements; and
  468         i.Rating and improving systems.
  469         4. Safeguard the effective use of federal, state, local,
  470  and private resources to achieve the highest possible level of
  471  school readiness for the children in this state.
  472         5.Adopt a rule establishing criteria for the expenditure
  473  of funds designated for the purpose of funding activities to
  474  improve the quality of child care within the state in accordance
  475  with s. 658G of the federal Child Care and Development Block
  476  Grant. The rule shall establish criteria by which coalitions may
  477  implement locally developed quality programs. Before
  478  implementing a locally developed quality program, the rule shall
  479  require that a coalition demonstrate that it has solicited and
  480  received comments regarding the proposed quality program from
  481  the local community and that implementation of the locally
  482  developed quality program conforms to the coalition’s school
  483  readiness plan.
  484         6.5. Provide technical assistance to early learning
  485  coalitions in a manner determined by the Agency for Workforce
  486  Innovation based upon information obtained by the agency from
  487  any of the following sources, including, but not limited to,
  488  public input, government reports, private interest group
  489  reports, agency monitoring visits, and coalition requests for
  490  service.
  491         6.Assess gaps in service.
  492         7.Provide technical assistance to counties that form a
  493  multicounty region served by an early learning coalition.
  494         7.8. Develop and adopt performance standards and outcome
  495  measures for school readiness programs. The performance
  496  standards must address the age-appropriate progress of children
  497  in the development of the school readiness skills required under
  498  paragraph (j). The performance standards for children from birth
  499  to 5 3 years of age in school readiness programs must be
  500  integrated with the performance standards adopted by the
  501  Department of Education for children in the Voluntary
  502  Prekindergarten Education Program under s. 1002.67.
  503         (e) The Agency for Workforce Innovation may adopt rules
  504  under ss. 120.536(1) and 120.54 to administer the provisions of
  505  law conferring duties upon the agency, including, but not
  506  limited to, rules governing the administration of system support
  507  services preparation and implementation of the school readiness
  508  programs system, the collection of data, the approval of early
  509  learning coalitions and school readiness plans, the provision of
  510  a method whereby an early learning coalition may serve two or
  511  more counties, the award of incentives to early learning
  512  coalitions, child performance standards, child outcome measures,
  513  and the issuance of waivers, and the implementation of the
  514  federal Child Care and Development Fund Plan.
  515         (f) The Agency for Workforce Innovation shall have all
  516  powers necessary to administer this section, including, but not
  517  limited to, the power to receive and accept grants, loans, or
  518  advances of funds from any public or private agency and to
  519  receive and accept from any source contributions of money,
  520  property, labor, or any other thing of value, to be held, used,
  521  and applied for purposes of this section.
  522         (g) Except as provided by law, the Agency for Workforce
  523  Innovation may not impose requirements on a child care or early
  524  childhood education provider that does not deliver services
  525  under the a school readiness programs program or receive state
  526  or federal funds under this section.
  527         (h) The Agency for Workforce Innovation shall have a budget
  528  for the school readiness programs system, which shall be
  529  financed through an annual appropriation made for purposes of
  530  this section in the General Appropriations Act.
  531         (i) The Agency for Workforce Innovation shall coordinate
  532  the efforts toward school readiness in this state and provide
  533  independent policy analyses, data analyses, and recommendations
  534  to the Governor, the State Board of Education, and the
  535  Legislature.
  536         (j) The Agency for Workforce Innovation shall require that
  537  each early learning coalition’s school readiness programs
  538  program must, at a minimum, enhance the age-appropriate progress
  539  of each child in attaining the performance standards adopted
  540  under subparagraph (d)8. and in the development of the following
  541  school readiness skills:
  542         1. Compliance with rules, limitations, and routines.
  543         2. Ability to perform tasks.
  544         3. Interactions with adults.
  545         4. Interactions with peers.
  546         5. Ability to cope with challenges.
  547         6. Self-help skills.
  548         7. Ability to express the child’s needs.
  549         8. Verbal communication skills.
  550         9. Problem-solving skills.
  551         10. Following of verbal directions.
  552         11. Demonstration of curiosity, persistence, and
  553  exploratory behavior.
  554         12. Interest in books and other printed materials.
  555         13. Paying attention to stories.
  556         14. Participation in art and music activities.
  557         15. Ability to identify colors, geometric shapes, letters
  558  of the alphabet, numbers, and spatial and temporal
  559  relationships.
  560  
  561  Within 30 days after enrollment The Agency for Workforce
  562  Innovation shall also require that, before a child is enrolled
  563  in the an early learning coalition’s school readiness program,
  564  the early learning coalition must obtain, or ensure that the
  565  programs provider obtains, information is obtained by the
  566  coalition or the school readiness provider regarding the child’s
  567  immunizations, physical development, and other health
  568  requirements as necessary, including appropriate vision and
  569  hearing screening and examinations.
  570         (k) The Agency for Workforce Innovation shall conduct
  571  studies and planning activities related to the overall
  572  improvement and effectiveness of the outcome measures adopted by
  573  the agency for school readiness programs and the specific system
  574  support service strategies to address the state’s school
  575  readiness programs adopted by the Agency for Workforce
  576  Innovation in accordance with subparagraph (d)3.
  577         (l) The Agency for Workforce Innovation shall monitor and
  578  evaluate the performance of each early learning coalition in
  579  administering the school readiness program, implementing the
  580  coalition’s school readiness plan, and administering the
  581  Voluntary Prekindergarten Education Program. These monitoring
  582  and performance evaluations must include, at a minimum, onsite
  583  monitoring of each coalition’s finances, management, operations,
  584  and programs.
  585         (m)The Agency for Workforce Innovation shall identify best
  586  practices of early learning coalitions in order to improve the
  587  outcomes of school readiness programs.
  588         (m)(n) The Agency for Workforce Innovation shall submit an
  589  annual report of its activities conducted under this section to
  590  the Governor, the executive director of the Florida Healthy Kids
  591  Corporation, the President of the Senate, the Speaker of the
  592  House of Representatives, and the minority leaders of both
  593  houses of the Legislature. In addition, the Agency for Workforce
  594  Innovation’s reports and recommendations shall be made available
  595  to the State Board of Education, the Florida Early Learning
  596  Advisory Council and, other appropriate state agencies and
  597  entities, district school boards, central agencies, and county
  598  health departments. The annual report must provide an analysis
  599  of school readiness activities across the state, including the
  600  number of children who were served in the programs.
  601         (n)(o) The Agency for Workforce Innovation shall work with
  602  the early learning coalitions to ensure availability of training
  603  and support for parent increase parents’ training for and
  604  involvement in their children’s early preschool education and to
  605  provide family literacy activities and services programs.
  606         (5) CREATION OF EARLY LEARNING COALITIONS.—
  607         (a) Early learning coalitions.—
  608         1. The Agency for Workforce Innovation shall establish the
  609  minimum number of children to be served by each early learning
  610  coalition through the coalition’s school readiness program. The
  611  Agency for Workforce Innovation may only approve school
  612  readiness plans in accordance with this minimum number. The
  613  minimum number must be uniform for every early learning
  614  coalition and must:
  615         a. Permit 20 30 or fewer coalitions to be established; and
  616         b. Require each coalition to serve at least 3,000 2,000
  617  children based upon the average number of all children served
  618  per month through the coalition’s school readiness program
  619  during the previous 12 months.
  620  
  621  The Agency for Workforce Innovation shall adopt procedures for
  622  merging early learning coalitions, including procedures for the
  623  consolidation of merging coalitions, and for the early
  624  termination of the terms of coalition members which are
  625  necessary to accomplish the mergers. Each early learning
  626  coalition must comply with the merger procedures and shall be
  627  organized in accordance with this subparagraph by July 1, 2010
  628  April 1, 2005. By October 1, 2010 June 30, 2005, each coalition
  629  must complete the transfer of powers, duties, functions, rules,
  630  records, personnel, property, and unexpended balances of
  631  appropriations, allocations, and other funds to the successor
  632  coalition, if applicable. In addition, each coalition must make
  633  accommodations for the transfer or discharge of all contractual
  634  obligations.
  635         2. If an early learning coalition would serve fewer
  636  children than the minimum number established under subparagraph
  637  1., the coalition must merge with another county to form a
  638  multicounty coalition. However, the Agency for Workforce
  639  Innovation may authorize an early learning coalition to serve
  640  fewer children than the minimum number established under
  641  subparagraph 1., if:
  642         a. The coalition demonstrates to the Agency for Workforce
  643  Innovation that merging with another county or multicounty
  644  region contiguous to the coalition would cause an extreme
  645  hardship on the coalition;
  646         b. The Agency for Workforce Innovation has determined
  647  during the most recent annual review of the coalition’s school
  648  readiness plan, or through monitoring and performance
  649  evaluations conducted under paragraph (4)(l), that the coalition
  650  has substantially implemented its plan and substantially met the
  651  performance standards and outcome measures adopted by the
  652  agency; and
  653         c. The coalition demonstrates to the Agency for Workforce
  654  Innovation the coalition’s ability to effectively and
  655  efficiently implement the Voluntary Prekindergarten Education
  656  Program.
  657  
  658  If an early learning coalition fails or refuses to merge as
  659  required by this subparagraph, the Agency for Workforce
  660  Innovation may dissolve the coalition and temporarily contract
  661  with a qualified entity to continue school readiness and
  662  prekindergarten services in the coalition’s county or
  663  multicounty region until the agency reestablishes the coalition
  664  and a new is reestablished through resubmission of a school
  665  readiness plan has been approved and approval by the agency.
  666         3.Notwithstanding the provisions of subparagraphs 1. and
  667  2., the early learning coalitions in Sarasota, Osceola, and
  668  Santa Rosa Counties which were in operation on January 1, 2005,
  669  are established and authorized to continue operation as
  670  independent coalitions, and shall not be counted within the
  671  limit of 30 coalitions established in subparagraph 1.
  672         3.4. Each early learning coalition shall be composed of at
  673  least 15 18 members but not more than 25 35 members and not more
  674  than 18 voting members. The Agency for Workforce Innovation
  675  shall adopt standards establishing within this range the minimum
  676  and maximum number of members that may be appointed to an early
  677  learning coalition. These standards must include variations for
  678  a coalition serving a multicounty region. Each early learning
  679  coalition must comply with these standards.
  680         4.5. The Governor shall appoint the chair and two other
  681  members of each early learning coalition, who must each meet the
  682  same qualifications as private sector business members appointed
  683  by the coalition under subparagraph 7.
  684         5.6. Each early learning coalition must include the
  685  following members:
  686         a. A Department of Children and Family Services district
  687  administrator or his or her designee who is authorized to make
  688  decisions on behalf of the department.
  689         b. A district superintendent of schools or his or her
  690  designee who is authorized to make decisions on behalf of the
  691  district, who shall be a nonvoting member.
  692         c. A regional workforce board executive director or his or
  693  her designee, who shall be a nonvoting member.
  694         d.A county health department director or his or her
  695  designee.
  696         d.e. A children’s services council or juvenile welfare
  697  board chair or executive director, if applicable, who shall be a
  698  nonvoting member if the council or board is the fiscal agent of
  699  the coalition or if the council or board contracts with and
  700  receives funds from the coalition for any purpose other than
  701  rent.
  702         e.f. An agency head of a local licensing agency as defined
  703  in s. 402.302, where applicable.
  704         f.g. A president of a community college or his or her
  705  designee.
  706         h.One member appointed by a board of county commissioners.
  707         i.A central agency administrator, where applicable, who
  708  shall be a nonvoting member.
  709         g.j. A Head Start director, who shall be a nonvoting
  710  member.
  711         h.k. A representative of private child care providers,
  712  including family day care homes, who shall be a nonvoting
  713  member.
  714         i.l. A representative of faith-based child care providers,
  715  who shall be a nonvoting member.
  716         j.m. A representative of programs for children with
  717  disabilities under the federal Individuals with Disabilities
  718  Education Act, who shall be a nonvoting member.
  719         6.7. Including the chair members appointed by the Governor
  720  under subparagraph 5., more than one-third of the members of
  721  each early learning coalition must be private sector business
  722  members who do not have, and none of whose relatives as defined
  723  in s. 112.3143 has, a substantial financial interest in the
  724  design or delivery of the Voluntary Prekindergarten Education
  725  Program created under part V of chapter 1002 or the coalition’s
  726  school readiness program. To meet this requirement an early
  727  learning coalition must appoint additional members from a list
  728  of nominees submitted to the coalition by a chamber of commerce
  729  or economic development council within the geographic region
  730  served by the coalition. The Agency for Workforce Innovation
  731  shall establish criteria for appointing private sector business
  732  members. These criteria must include standards for determining
  733  whether a member or relative has a substantial financial
  734  interest in the design or delivery of the Voluntary
  735  Prekindergarten Education Program or the coalition’s school
  736  readiness program.
  737         7.8. A majority of the voting membership of an early
  738  learning coalition constitutes a quorum required to conduct the
  739  business of the coalition. An early learning coalition board may
  740  use any method of telecommunications to conduct meetings,
  741  including establishing a quorum through telecommunications,
  742  provided that the public is given proper notice of a
  743  telecommunications meeting and reasonable access to observe and,
  744  when appropriate, participate.
  745         8.9. A voting member of an early learning coalition may not
  746  appoint a designee to act in his or her place, except as
  747  otherwise provided in this paragraph. A voting member may send a
  748  representative to coalition meetings, but that representative
  749  does not have voting privileges. When a district administrator
  750  for the Department of Children and Family Services appoints a
  751  designee to an early learning coalition, the designee is the
  752  voting member of the coalition, and any individual attending in
  753  the designee’s place, including the district administrator, does
  754  not have voting privileges.
  755         9.10. Each member of an early learning coalition is subject
  756  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
  757  112.3143(3)(a), each voting member is a local public officer who
  758  must abstain from voting when a voting conflict exists.
  759         10.11. For purposes of tort liability, each member or
  760  employee of an early learning coalition shall be governed by s.
  761  768.28.
  762         11.12. An early learning coalition serving a multicounty
  763  region must include representation from each county.
  764         12.13. Each early learning coalition shall establish terms
  765  for all appointed members of the coalition. The terms must be
  766  staggered and must be a uniform length that does not exceed 4
  767  years per term. Coalition chairs shall be appointed for 4 years
  768  in conjunction with their membership of the Early Learning
  769  Advisory Council under s. 20.052. Appointed members may serve a
  770  maximum of two consecutive terms. When a vacancy occurs in an
  771  appointed position, the coalition must advertise the vacancy.
  772         (b)Program participation.—The school readiness program
  773  shall be established for children from birth to the beginning of
  774  the school year for which a child is eligible for admission to
  775  kindergarten in a public school under s. 1003.21(1)(a)2. The
  776  program shall be administered by the early learning coalition.
  777  Within funding limitations, the early learning coalition, along
  778  with all providers, shall make reasonable efforts to accommodate
  779  the needs of children for extended-day and extended-year
  780  services without compromising the quality of the program.
  781         (b)Limitation.—Except as provided by law, the early
  782  learning coalitions may not impose requirements on a child care
  783  or early childhood education provider that does not deliver
  784  services under the school readiness programs or receive state,
  785  federal, required maintenance of effort, or matching funds under
  786  this section.
  787         (c) Program expectations.—
  788         1. The school readiness program must meet the following
  789  expectations:
  790         a. The program must, at a minimum, enhance the age
  791  appropriate progress of each child in attaining the development
  792  of the school readiness skills required under paragraph (4)(j),
  793  as measured by the performance standards and outcome measures
  794  adopted by the Agency for Workforce Innovation.
  795         b. The program must provide extended-day and extended-year
  796  services to the maximum extent possible without compromising the
  797  quality of the program to meet the needs of parents who work.
  798         c. There must be coordinated staff development and teaching
  799  opportunities.
  800         d. There must be expanded access to community services and
  801  resources for families to help achieve economic self
  802  sufficiency.
  803         e. There must be a single point of entry and unified
  804  waiting list. As used in this sub-subparagraph, the term “single
  805  point of entry” means an integrated information system that
  806  allows a parent to enroll his or her child in the school
  807  readiness program at various locations throughout a the county
  808  or multicounty region served by an early learning coalition,
  809  that may allow a parent to enroll his or her child by telephone
  810  or through an Internet website, and that uses a unified waiting
  811  list to track eligible children waiting for enrollment in the
  812  school readiness program. The Agency for Workforce Innovation
  813  shall establish through technology a single statewide
  814  information system that each coalition must use for the purposes
  815  of managing the integrates each early learning coalition’s
  816  single point of entry, tracking children’s progress,
  817  coordinating services among stakeholders, determining
  818  eligibility, tracking child attendance, and streamlining
  819  administrative processes for providers and early learning
  820  coalitions and each coalition must use the statewide system.
  821         f. The Agency for Workforce Innovation must consider the
  822  access of eligible children to the school readiness program, as
  823  demonstrated in part by waiting lists, before approving a
  824  proposed increase in payment rates submitted by an early
  825  learning coalition. In addition, early learning coalitions shall
  826  use school readiness funds made available due to enrollment
  827  shifts from school readiness programs to the Voluntary
  828  Prekindergarten Education Program for increasing the number of
  829  children served in school readiness programs before increasing
  830  payment rates.
  831         g.There must be a community plan to address the needs of
  832  all eligible children.
  833         g.h. The program must meet all state licensing guidelines,
  834  where applicable.
  835         h.The program must ensure that minimum standards for child
  836  discipline practices are age appropriate. Pursuant to s.
  837  402.305(12), such standards must provide that children not be
  838  subjected to discipline that is severe, humiliating, or
  839  frightening and may not be associated with food, rest, or
  840  toileting. Spanking or any other form of physical punishment is
  841  prohibited.
  842         2. Each The early learning coalition must implement a
  843  comprehensive program of school readiness services in accordance
  844  with the rules adopted by the agency which that enhance the
  845  cognitive, social, and physical development of children to
  846  achieve the performance standards and outcome measures adopted
  847  by the agency for Workforce Innovation. At a minimum, these
  848  programs must contain the following system support service
  849  elements:
  850         a. Developmentally appropriate curriculum designed to
  851  enhance the age-appropriate progress of children in attaining
  852  the performance standards adopted by the Agency for Workforce
  853  Innovation under subparagraph (4)(d)6.(d)8.
  854         b. A character development program to develop basic values.
  855         c. An age-appropriate screening assessment of each child’s
  856  development.
  857         d. An age-appropriate assessment A pretest administered to
  858  children when they enter a program and an age-appropriate
  859  assessment a posttest administered to children when they leave
  860  the program.
  861         e. An appropriate staff-to-children ratio, pursuant to s.
  862  402.305(4) or s. 402.302(7) or (8), as applicable, and as
  863  verified pursuant to s. 402.311.
  864         f. A healthy and safe environment.
  865         g. A resource and referral network established under s.
  866  411.0101 to assist parents in making an informed choice and a
  867  regional Warm-Line under s. 411.01015.
  868         (d) Implementation.—
  869         1. An early learning coalition may not implement the school
  870  readiness program until the coalition is authorized through
  871  approval of the coalition’s school readiness plan by the Agency
  872  for Workforce Innovation.
  873         2. Each early learning coalition shall coordinate with one
  874  another to implement a comprehensive program of school readiness
  875  services which enhances the cognitive, social, physical, and
  876  moral character of the children to achieve the performance
  877  standards and outcome measures, helps families achieve economic
  878  self sufficiency, and reduces agency duplication. Such program
  879  must contain, at a minimum, the following elements: develop a
  880  plan for implementing
  881         a.Implement the school readiness program to meet the
  882  requirements of this section and the system support services
  883  performance standards and outcome measures adopted by the Agency
  884  for Workforce Innovation.
  885         b.The plan must Demonstrate how the program will ensure
  886  that each 3-year-old and 4-year-old child from birth through 5
  887  years of age in a publicly funded school readiness program
  888  receives scheduled activities and instruction designed to
  889  enhance the age-appropriate progress of the children in
  890  attaining the performance standards adopted by the Agency for
  891  Workforce Innovation under subparagraph (4)(d)8.
  892  
  893  Before implementing the school readiness program, the early
  894  learning coalition must submit the plan to the Agency for
  895  Workforce Innovation for approval. The Agency for Workforce
  896  Innovation may approve the plan, reject the plan, or approve the
  897  plan with conditions. The Agency for Workforce Innovation shall
  898  review school readiness plans at least biannually annually.
  899         3. If the Agency for Workforce Innovation determines during
  900  the annual review of school readiness plans, or through
  901  monitoring and performance evaluations conducted under paragraph
  902  (4)(l), that an early learning coalition has not substantially
  903  implemented its plan, has not substantially met the performance
  904  standards and outcome measures adopted by the agency, or has not
  905  effectively administered the school readiness program or
  906  Voluntary Prekindergarten Education Program, the Agency for
  907  Workforce Innovation may dissolve the coalition and temporarily
  908  contract with a qualified entity to continue school readiness
  909  and prekindergarten services in the coalition’s county or
  910  multicounty region until the agency reestablishes the coalition
  911  and a new the coalition is reestablished through resubmission of
  912  a school readiness plan has been approved in accordance with the
  913  rules adopted and approval by the agency.
  914         4. The Agency for Workforce Innovation shall adopt rules
  915  establishing criteria for the approval of school readiness
  916  plans. The criteria must be consistent with the system support
  917  services, performance standards, and outcome measures adopted by
  918  the agency and must require each approved plan to include the
  919  following minimum standards and provisions for the school
  920  readiness program:
  921         a.A community plan that addresses the needs of all
  922  children and providers within the coalition’s county or
  923  multicounty region.
  924         b.a. A sliding fee scale establishing a copayment for
  925  parents based upon their ability to pay, which is the same for
  926  all program providers, to be implemented and reflected in each
  927  program’s budget.
  928         c.b. A choice of settings and locations in licensed,
  929  registered, religious-exempt, or school-based programs to be
  930  provided to parents.
  931         d.c. Instructional staff who have completed the training
  932  course as required in s. 402.305(2)(d)1., s. 402.313(1)(a)6., or
  933  s. 402.3131(3), as applicable, as well as requirements for staff
  934  who have additional training or credentials pursuant to s.
  935  402.305 as required by the Agency for Workforce Innovation. The
  936  rules plan must provide a method for assuring the qualifications
  937  of all personnel in all program settings in collaboration with
  938  the Department of Children and Family Services.
  939         e.d. Specific eligibility priorities for children within
  940  the early learning coalition’s county or multicounty region in
  941  accordance with subsection (6).
  942         f.e. Performance standards and outcome measures adopted by
  943  the Agency for Workforce Innovation.
  944         g.f.The adoption of payment rates that adopted by the
  945  early learning coalition and approved by the Agency for
  946  Workforce Innovation. Payment rates may not have the effect of
  947  limiting parental choice or creating standards or levels of
  948  services that have not been authorized by the Legislature or
  949  Federal Government.
  950         g.Systems support services, including a central agency,
  951  child care resource and referral, eligibility determinations,
  952  training of providers, and parent support and involvement.
  953         h. Direct enhancement services for to families and
  954  children. System support and direct enhancement services shall
  955  be in addition to payments for the placement of children in
  956  school readiness programs. Direct enhancement services for
  957  families may include parent training and involvement activities
  958  and strategies to meet the needs of unique populations and local
  959  eligibility priorities. Enhancement services for children may
  960  include provider supports and professional development approved
  961  in their plan by the Agency for Workforce Innovation.
  962         i. The business organization of the early learning
  963  coalition, which must include the coalition’s articles of
  964  incorporation and bylaws if the coalition is organized as a
  965  corporation. If the coalition is not organized as a corporation
  966  or other business entity, the plan must include the contract
  967  with a fiscal agent. An early learning coalition may contract
  968  with other coalitions to achieve efficiency in multicounty
  969  services, and these contracts may be part of the coalition’s
  970  school readiness plan.
  971         j.The implementation of locally developed quality programs
  972  in accordance with the requirements adopted by the agency under
  973  s. 411.01(4)(d)5.
  974         j.Strategies to meet the needs of unique populations, such
  975  as migrant workers.
  976  
  977  As part of the school readiness plan, The Agency for Workforce
  978  Innovation early learning coalition may request the Governor to
  979  apply for a waiver to allow the coalition to administer the Head
  980  Start Program to accomplish the purposes of the school readiness
  981  program. If a school readiness plan demonstrates that specific
  982  statutory goals can be achieved more effectively by using
  983  procedures that require modification of existing rules,
  984  policies, or procedures, a request for a waiver to the Agency
  985  for Workforce Innovation may be submitted as part of the plan.
  986  Upon review, the Agency for Workforce Innovation may grant the
  987  proposed modification.
  988         5. Persons with an early childhood teaching certificate may
  989  provide support and supervision to other staff in the school
  990  readiness program.
  991         6. An early learning coalition may not implement its school
  992  readiness plan until it submits the plan to and receives
  993  approval from the Agency for Workforce Innovation. Once the plan
  994  is approved, the plan and the services provided under the plan
  995  shall be controlled by the early learning coalition. The plan
  996  shall be reviewed and revised as necessary, but at least
  997  biennially. An early learning coalition may not implement the
  998  revisions until the coalition submits the revised plan to and
  999  receives approval from the Agency for Workforce Innovation. If
 1000  the Agency for Workforce Innovation rejects a revised plan, the
 1001  coalition must continue to operate under its prior approved
 1002  plan.
 1003         7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
 1004  apply to an early learning coalition with an approved school
 1005  readiness programs plan. The Agency for Workforce Innovation To
 1006  facilitate innovative practices and to allow the regional
 1007  establishment of school readiness programs, an early learning
 1008  coalition may apply to the Governor and Cabinet for a waiver of,
 1009  and the Governor and Cabinet may waive, any of the provisions of
 1010  ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
 1011  for implementation of the coalition’s school readiness programs
 1012  plan.
 1013         8. Two or more coalitions counties may join for purposes of
 1014  planning and implementing a school readiness program.
 1015         9.An early learning coalition may, subject to approval by
 1016  The Agency for Workforce Innovation as part of the coalition’s
 1017  school readiness plan, receive subsidized child care funds for
 1018  all children eligible for any federal subsidized child care
 1019  program.
 1020         10.An early learning coalition may enter into multiparty
 1021  contracts with multicounty service providers in order to meet
 1022  the needs of unique populations such as migrant workers.
 1023         (e) Requests for proposals; payment schedule.—
 1024         1. Each early learning coalition must comply with the
 1025  procurement and expenditure procedures adopted by the Agency for
 1026  Workforce Innovation, including, but not limited to, applying
 1027  the procurement and expenditure procedures required by federal
 1028  law for the expenditure of federal funds s. 287.057 for the
 1029  procurement of commodities or contractual services from the
 1030  funds described in paragraph (9)(d). The period of a contract
 1031  for purchase of these commodities or contractual services,
 1032  together with any renewal of the original contract, may not
 1033  exceed 3 years.
 1034         2. Each early learning coalition shall adopt a payment
 1035  schedule that encompasses all programs funded by the coalition
 1036  under this section. The payment schedule must take into
 1037  consideration the prevailing relevant market rate schedule
 1038  adopted under s. 411.01013, must include the projected number of
 1039  children to be served, and must be submitted for approval by the
 1040  Agency for Workforce Innovation. An early learning coalition may
 1041  not plan, devise, or implement any process that differentiates
 1042  payment rates, except for the processes under s. 411.01013. The
 1043  payment rate for an informal child care arrangement may not
 1044  exceed arrangements shall be reimbursed at not more than 50
 1045  percent of the rate adopted developed for a family day care
 1046  home.
 1047         (f)Requirements relating to fiscal agents.—If an early
 1048  learning coalition is not legally organized as a corporation or
 1049  other business entity, the coalition must designate a fiscal
 1050  agent, which may be a public entity, a private nonprofit
 1051  organization, or a certified public accountant who holds a
 1052  license under chapter 473. The fiscal agent must provide
 1053  financial and administrative services under a contract with the
 1054  early learning coalition. The fiscal agent may not provide
 1055  direct early childhood education or child care services;
 1056  however, a fiscal agent may provide those services upon written
 1057  request of the early learning coalition to the Agency for
 1058  Workforce Innovation and upon the approval of the request by the
 1059  agency. The cost of the financial and administrative services
 1060  shall be negotiated between the fiscal agent and the early
 1061  learning coalition. If the fiscal agent is a provider of early
 1062  childhood education and child care programs, the contract must
 1063  specify that the fiscal agent shall act on policy direction from
 1064  the early learning coalition and must not receive policy
 1065  direction from its own corporate board regarding disbursal of
 1066  the coalition’s funds. The fiscal agent shall disburse funds in
 1067  accordance with the early learning coalition’s approved school
 1068  readiness plan and based on billing and disbursement procedures
 1069  approved by the Agency for Workforce Innovation. The fiscal
 1070  agent must conform to all data-reporting requirements
 1071  established by the Agency for Workforce Innovation.
 1072         (f)(g)Evaluation and annual report.—Each early learning
 1073  coalition shall conduct an evaluation of its implementation the
 1074  effectiveness of the school readiness program, including system
 1075  support services, performance standards, and outcome measures,
 1076  and shall provide an annual report and fiscal statement to the
 1077  Agency for Workforce Innovation. This report must also include
 1078  an evaluation of the effectiveness of its direct enhancement
 1079  services and conform to the content and format specifications
 1080  adopted set by the Agency for Workforce Innovation. The Agency
 1081  for Workforce Innovation must include an analysis of the early
 1082  learning coalitions’ reports in the agency’s annual report.
 1083         (6) PROGRAM ELIGIBILITY.—The Each early learning
 1084  coalition’s school readiness program is shall be established for
 1085  children from birth to the beginning of the school year for
 1086  which a child is eligible for admission to kindergarten in a
 1087  public school under s. 1003.21(1)(a)2. or who are eligible for
 1088  any federal subsidized child care program. Each early learning
 1089  coalition shall give priority for participation in the school
 1090  readiness program as follows:
 1091         (a)Priority shall be given first to a child from a family
 1092  in which there is an adult receiving temporary cash assistance
 1093  who is subject to federal work requirements.
 1094         (b)Priority shall be given next to a child who is eligible
 1095  for a school readiness program but who has not yet entered
 1096  children age 3 years to school, entry who is are served by the
 1097  Family Safety Program Office of the Department of Children and
 1098  Family Services or a community-based lead agency under chapter
 1099  39 or chapter 409, and for whom child care is needed to minimize
 1100  risk of further abuse, neglect, or abandonment.
 1101         (c)Subsequent priority shall be given to a child Other
 1102  eligible populations include children who meets meet one or more
 1103  of the following criteria:
 1104         1.(a)A child who is younger than Children under the age of
 1105  kindergarten eligibility and who are:
 1106         1.Children determined to be at risk of abuse, neglect, or
 1107  exploitation who are currently clients of the Family Safety
 1108  Program Office of the Department of Children and Family
 1109  Services, but who are not otherwise given priority under this
 1110  subsection.
 1111         a.2.Is Children at risk of welfare dependency, including
 1112  an economically disadvantaged child children, a child children
 1113  of a participant participants in the welfare transition program,
 1114  a child of a migratory agricultural worker children of migrant
 1115  farmworkers, or a child and children of a teen parent parents.
 1116         b.3.Is a member Children of a working family that is
 1117  economically disadvantaged families whose family income does not
 1118  exceed 150 percent of the federal poverty level.
 1119         c.4.Children For whom financial assistance is provided
 1120  through the state is paying a Relative Caregiver Program payment
 1121  under s. 39.5085.
 1122         2.(b)A 3-year-old child or Three-year-old children and 4
 1123  year-old child children who may not be economically
 1124  disadvantaged but who has a disability; has have disabilities,
 1125  have been served in a specific part-time exceptional education
 1126  program or a combination of part-time exceptional education
 1127  programs with required special services, aids, or equipment;,
 1128  and was were previously reported for funding part time under
 1129  with the Florida Education Finance Program as an exceptional
 1130  student students.
 1131         3.(c)An economically disadvantaged child children, a child
 1132  children with a disability disabilities, or a child and children
 1133  at risk of future school failure, from birth to 4 years of age,
 1134  who is are served at home through a home visitor program
 1135  programs and an intensive parent education program programs.
 1136         4.(d)A child Children who meets meet federal and state
 1137  eligibility requirements for the migrant preschool program but
 1138  who is do not meet the criteria of economically disadvantaged.
 1139  
 1140  As used in this paragraph subsection, the term “economically
 1141  disadvantaged” child means having a child whose family income
 1142  that does not exceed 150 percent of the federal poverty level.
 1143  Notwithstanding any change in a family’s economic status, but
 1144  subject to additional family contributions in accordance with
 1145  the sliding fee scale, a child who meets the eligibility
 1146  requirements upon initial registration for the program remains
 1147  eligible until the beginning of the school year for which the
 1148  child is eligible for admission to kindergarten in a public
 1149  school under s. 1003.21(1)(a)2.
 1150         (7) PARENTAL CHOICE.—
 1151         (a) As used in this subsection, the term “payment
 1152  certificate” means a child care certificate as defined in 45
 1153  C.F.R. s. 98.2.
 1154         (b) The school readiness program shall, in accordance with
 1155  45 C.F.R. s. 98.30, provide parental choice through a payment
 1156  certificate purchase service order that ensures, to the maximum
 1157  extent possible, flexibility in the school readiness program
 1158  programs and payment arrangements. According to federal
 1159  regulations requiring parental choice, a parent may choose an
 1160  informal child care arrangement. The payment certificate
 1161  purchase order must bear the names name of the beneficiary and
 1162  the program provider and, when redeemed, must bear the
 1163  signatures signature of both the beneficiary and an authorized
 1164  representative of the provider.
 1165         (c)(b) If it is determined that a provider has given
 1166  provided any cash to the beneficiary in return for receiving a
 1167  payment certificate the purchase order, the early learning
 1168  coalition or its fiscal agent shall refer the matter to the
 1169  Division of Public Assistance Fraud for investigation.
 1170         (d)(c) The office of the Chief Financial Officer shall
 1171  establish an electronic transfer system for the disbursement of
 1172  funds in accordance with this subsection. Each early learning
 1173  coalition shall fully implement the electronic funds transfer
 1174  system within 2 years after approval of the coalition’s school
 1175  readiness plan, unless a waiver is obtained from the Agency for
 1176  Workforce Innovation.
 1177         (8) STANDARDS; OUTCOME MEASURES.—A program provider
 1178  participating in the All school readiness program programs must
 1179  meet the performance standards and outcome measures adopted by
 1180  the Agency for Workforce Innovation.
 1181         (9) FUNDING; SCHOOL READINESS PROGRAM.—
 1182         (a) It is the intent of this section to establish an
 1183  integrated and quality seamless service delivery system for all
 1184  publicly funded early childhood education and child care
 1185  programs operating in this state.
 1186         (b)1. The Agency for Workforce Innovation shall administer
 1187  school readiness funds, plans, and policies and shall prepare
 1188  and submit a unified budget request for the school readiness
 1189  system in accordance with chapter 216.
 1190         2. All instructions to early learning coalitions for
 1191  administering this section shall emanate from the Agency for
 1192  Workforce Innovation in accordance with the policies of the
 1193  Legislature.
 1194         (c) The Agency for Workforce Innovation, subject to
 1195  legislative notice and review under s. 216.177, shall establish
 1196  recommend a formula for the allocation among the early learning
 1197  coalitions of all state and federal school readiness funds
 1198  provided for children participating in the public or private
 1199  school readiness program, whether served by a public or private
 1200  provider, programs based upon equity for each county and
 1201  performance. The allocation formula must be submitted to the
 1202  Governor, the chair of the Senate Ways and Means Committee or
 1203  its successor, and the chair of the House of Representatives
 1204  Fiscal Council or its successor no later than January 1 of each
 1205  year. If the Legislature specifies shall specify in the annual
 1206  General Appropriations Act any changes to from the allocation
 1207  formula, methodology for the prior fiscal year which must be
 1208  used by the Agency for Workforce Innovation shall allocate funds
 1209  as specified in allocating the appropriations provided in the
 1210  General Appropriations Act.
 1211         (d) All state, federal, and required local maintenance-of
 1212  effort, or matching funds provided to an early learning
 1213  coalition for purposes of this section shall be used by the
 1214  coalition for implementation of its approved school readiness
 1215  plan, including the hiring of staff to effectively operate the
 1216  coalition’s school readiness program. As part of plan approval
 1217  and periodic plan review, The Agency for Workforce Innovation
 1218  shall require that administrative costs be kept to the minimum
 1219  necessary for efficient and effective administration of the
 1220  school readiness plan, but total administrative expenditures
 1221  must not exceed 5 percent unless specifically waived by the
 1222  Agency for Workforce Innovation. The Agency for Workforce
 1223  Innovation shall annually report to the Legislature any problems
 1224  relating to administrative costs.
 1225         (e) The Agency for Workforce Innovation shall annually
 1226  distribute, to a maximum extent practicable, all eligible funds
 1227  provided under this section as block grants to the early
 1228  learning coalitions in accordance with the terms and conditions
 1229  specified by the agency.
 1230         (f) State funds appropriated for the school readiness
 1231  program may not be used for the construction of new facilities
 1232  or the purchase of buses. The Agency for Workforce Innovation
 1233  shall present to the Legislature recommendations for providing
 1234  necessary transportation services for school readiness programs.
 1235         (g) All cost savings and all revenues received through a
 1236  mandatory sliding fee scale shall be used to help fund each
 1237  early learning coalition’s school readiness program.
 1238         (10) CONFLICTING PROVISIONS.—If In the event of a conflict
 1239  exists between this section and federal requirements, the
 1240  federal requirements shall control.
 1241         (11)PLACEMENTS.—Notwithstanding any other provision of
 1242  this section to the contrary, the first children to be placed in
 1243  the school readiness program shall be those from families
 1244  receiving temporary cash assistance and subject to federal work
 1245  requirements. Subsequent placements shall be made in accordance
 1246  with subsection (6).
 1247         Section 15. Section 411.0101, Florida Statutes, is amended
 1248  to read:
 1249         411.0101 Child care and early childhood resource and
 1250  referral.—
 1251         (1)As a part of the school readiness programs, the Agency
 1252  for Workforce Innovation shall establish a statewide child care
 1253  resource and referral network that is unbiased and provides
 1254  referrals to families for child care. Preference shall be given
 1255  to using the already established early learning coalitions as
 1256  the child care resource and referral agencies agency. If an
 1257  early learning coalition cannot comply with the requirements to
 1258  offer the resource information component or does not want to
 1259  offer that service, the early learning coalition shall select
 1260  the resource and referral information agency for its county or
 1261  multicounty region based upon a request for proposal pursuant to
 1262  s. 411.01(5)(e)1.
 1263         (2) At least one child care resource and referral agency
 1264  must be established in each early learning coalition’s county or
 1265  multicounty region. The Agency for Workforce Innovation shall
 1266  adopt rules regarding accessibility of child care resource and
 1267  referral services offered through child care resource and
 1268  referral agencies in each county or multicounty region which
 1269  include, at a minimum, required hours of operation, methods by
 1270  which parents may request services, and child care resource and
 1271  referral staff training requirements.
 1272         (3) Child care resource and referral agencies shall provide
 1273  the following services:
 1274         (a)(1) Identification of existing public and private child
 1275  care and early childhood education services, including child
 1276  care services by public and private employers, and the
 1277  development of a resource file of those services through the
 1278  single statewide information system developed by the Agency for
 1279  Workforce Innovation under s. 411.01(5)(b)1.e. These services
 1280  may include family day care, public and private child care
 1281  programs, the Voluntary Prekindergarten Education Program, Head
 1282  Start, the school readiness program prekindergarten early
 1283  intervention programs, special education programs for
 1284  prekindergarten handicapped children who have disabilities,
 1285  services for children with developmental disabilities, full-time
 1286  and part-time programs, before-school and after-school programs,
 1287  vacation care programs, parent education, the WAGES Program, and
 1288  related family support services. The resource file shall
 1289  include, but not be limited to:
 1290         1.(a) Type of program.
 1291         2.(b) Hours of service.
 1292         3.(c) Ages of children served.
 1293         4.(d) Number of children served.
 1294         5.(e) Significant program information.
 1295         6.(f) Fees and eligibility for services.
 1296         7.(g) Availability of transportation.
 1297         (b)(2) The establishment of a referral process that which
 1298  responds to parental need for information and that which is
 1299  provided with full recognition of the confidentiality rights of
 1300  parents. The resource and referral network programs shall make
 1301  referrals to legally operating licensed child care facilities.
 1302  Referrals may not shall be made to a an unlicensed child care
 1303  facility that is operating illegally or arrangement only if
 1304  there is no requirement that the facility or arrangement be
 1305  licensed.
 1306         (c)(3) Maintenance of ongoing documentation of requests for
 1307  service tabulated through the internal referral process through
 1308  the single statewide information system. The following
 1309  documentation of requests for service shall be maintained by the
 1310  all child care resource and referral network agencies:
 1311         1.(a) Number of calls and contacts to the child care
 1312  resource information and referral network agency component by
 1313  type of service requested.
 1314         2.(b) Ages of children for whom service was requested.
 1315         3.(c) Time category of child care requests for each child.
 1316         4.(d) Special time category, such as nights, weekends, and
 1317  swing shift.
 1318         5.(e) Reason that the child care is needed.
 1319         6.(f) Name of the employer and primary focus of the
 1320  business.
 1321         (d)(4) Provision of technical assistance to existing and
 1322  potential providers of child care services. This assistance may
 1323  include:
 1324         1.(a) Information on initiating new child care services,
 1325  zoning, and program and budget development and assistance in
 1326  finding such information from other sources.
 1327         2.(b) Information and resources which help existing child
 1328  care services providers to maximize their ability to serve
 1329  children and parents in their community.
 1330         3.(c) Information and incentives that may which could help
 1331  existing or planned child care services offered by public or
 1332  private employers seeking to maximize their ability to serve the
 1333  children of their working parent employees in their community,
 1334  through contractual or other funding arrangements with
 1335  businesses.
 1336         (e)(5) Assistance to families and employers in applying for
 1337  various sources of subsidy including, but not limited to, the
 1338  Voluntary Prekindergarten Education Program, the school
 1339  readiness program, subsidized child care, Head Start,
 1340  prekindergarten early intervention programs, Project
 1341  Independence, private scholarships, and the federal child and
 1342  dependent care tax credit.
 1343         (6)Assistance to state agencies in determining the market
 1344  rate for child care.
 1345         (f)(7) Assistance in negotiating discounts or other special
 1346  arrangements with child care providers.
 1347         (g)(8) Information and assistance to local interagency
 1348  councils coordinating services for prekindergarten handicapped
 1349  children who have disabilities.
 1350         (h)(9) Assistance to families in identifying summer
 1351  recreation camp and summer day camp programs, and in evaluating
 1352  the health and safety qualities of summer recreation camp and
 1353  summer day camp programs, and in evaluating the health and
 1354  safety qualities of summer camp programs. Contingent upon
 1355  specific appropriation, a checklist of important health and
 1356  safety qualities that parents can use to choose their summer
 1357  camp programs shall be developed and distributed in a manner
 1358  that will reach parents interested in such programs for their
 1359  children.
 1360         (i)(10) A child care facility licensed under s. 402.305 and
 1361  licensed and registered family day care homes must provide the
 1362  statewide child care and resource and referral network agencies
 1363  with the following information annually:
 1364         1.(a) Type of program.
 1365         2.(b) Hours of service.
 1366         3.(c) Ages of children served.
 1367         4.(d) Fees and eligibility for services.
 1368         (4)(11) The Agency for Workforce Innovation shall adopt any
 1369  rules necessary for the implementation and administration of
 1370  this section.
 1371         Section 16. Subsection (3), paragraph (b) of subsection
 1372  (4), and paragraphs (c) and (d) of subsection (5) of section
 1373  411.0102, Florida Statutes, are amended to read:
 1374         411.0102 Child Care Executive Partnership Act; findings and
 1375  intent; grant; limitation; rules.—
 1376         (3) There is created a body politic and corporate known as
 1377  the Child Care Executive Partnership which shall establish and
 1378  govern the Child Care Executive Partnership Program. The purpose
 1379  of the Child Care Executive Partnership Program is to utilize
 1380  state and federal funds as incentives for matching local funds
 1381  derived from local governments, employers, charitable
 1382  foundations, and other sources, so that Florida communities may
 1383  create local flexible partnerships with employers. The Child
 1384  Care Executive Partnership Program funds shall be used at the
 1385  discretion of local communities to meet the needs of working
 1386  parents. A child care purchasing pool shall be developed with
 1387  the state, federal, and local funds to provide subsidies to low
 1388  income working parents whose family income does not exceed the
 1389  allowable income for any federally subsidized child care program
 1390  who are eligible for subsidized child care with a dollar-for
 1391  dollar match from employers, local government, and other
 1392  matching contributions. The funds used from the child care
 1393  purchasing pool must be used to supplement or extend the use of
 1394  existing public or private funds.
 1395         (4) The Child Care Executive Partnership, staffed by the
 1396  Agency for Workforce Innovation, shall consist of a
 1397  representative of the Executive Office of the Governor and nine
 1398  members of the corporate or child care community, appointed by
 1399  the Governor.
 1400         (b) The Child Care Executive Partnership shall be chaired
 1401  by a member chosen by a majority vote and shall meet at least
 1402  quarterly and at other times upon the call of the chair. The
 1403  Child Care Executive Partnership may use any method of
 1404  telecommunications to conduct meetings, including establishing a
 1405  quorum through telecommunications, only if the public is given
 1406  proper notice of a telecommunications meeting and reasonable
 1407  access to observe and, when appropriate, participate.
 1408         (5)
 1409         (c) The Agency for Workforce Innovation, in conjunction
 1410  with the Child Care Executive Partnership, shall develop
 1411  procedures for disbursement of funds through the child care
 1412  purchasing pools. In order to be considered for funding, an
 1413  early learning coalition or the Agency for Workforce Innovation
 1414  must commit to:
 1415         1. Matching the state purchasing pool funds on a dollar
 1416  for-dollar basis; and
 1417         2. Expending only those public funds which are matched by
 1418  employers, local government, and other matching contributors who
 1419  contribute to the purchasing pool. Parents shall also pay a fee,
 1420  which may not shall be not less than the amount identified in
 1421  the early learning coalition’s school readiness program
 1422  subsidized child care sliding fee scale.
 1423         (d) Each early learning coalition board shall be required
 1424  to establish a community child care task force for each child
 1425  care purchasing pool. The task force must be composed of
 1426  employers, parents, private child care providers, and one
 1427  representative from the local children’s services council, if
 1428  one exists in the area of the purchasing pool. The early
 1429  learning coalition is expected to recruit the task force members
 1430  from existing child care councils, commissions, or task forces
 1431  already operating in the area of a purchasing pool. A majority
 1432  of the task force shall consist of employers. Each task force
 1433  shall develop a plan for the use of child care purchasing pool
 1434  funds. The plan must show how many children will be served by
 1435  the purchasing pool, how many will be new to receiving child
 1436  care services, and how the early learning coalition intends to
 1437  attract new employers and their employees to the program.
 1438         Section 17. Section 411.0105, Florida Statutes, is amended
 1439  to read:
 1440         411.0105 Early Learning Opportunities Act and Even Start
 1441  Family Literacy Programs; lead agency.—
 1442         (1) For purposes of administration of the federal Early
 1443  Learning Opportunities Act, 20 U.S.C. ss. 9401-9413, the Agency
 1444  for Workforce Innovation is designated as the lead agency and
 1445  must comply with the lead agency responsibilities under law.
 1446         (2)(a)For purposes of administration of and the federal
 1447  William F. Goodling Even Start Family Literacy Programs, 20
 1448  U.S.C. ss. 6381-6381k pursuant to Pub. L. No. 106-554, the
 1449  Department of Education Agency for Workforce Innovation is
 1450  designated as the lead agency and must comply with the lead
 1451  agency responsibilities under pursuant to federal law.
 1452         (b)The Department of Education shall enter into an
 1453  interagency agreement with the Agency for Workforce Innovation
 1454  for administration of the federal William F. Goodling Even Start
 1455  Family Literacy Programs.
 1456         Section 18. Paragraph (b) of subsection (8) of section
 1457  411.203, Florida Statutes, is amended to read:
 1458         411.203 Continuum of comprehensive services.—The Department
 1459  of Education and the Department of Health and Rehabilitative
 1460  Services shall utilize the continuum of prevention and early
 1461  assistance services for high-risk pregnant women and for high
 1462  risk and handicapped children and their families, as outlined in
 1463  this section, as a basis for the intraagency and interagency
 1464  program coordination, monitoring, and analysis required in this
 1465  chapter. The continuum shall be the guide for the comprehensive
 1466  statewide approach for services for high-risk pregnant women and
 1467  for high-risk and handicapped children and their families, and
 1468  may be expanded or reduced as necessary for the enhancement of
 1469  those services. Expansion or reduction of the continuum shall be
 1470  determined by intraagency or interagency findings and agreement,
 1471  whichever is applicable. Implementation of the continuum shall
 1472  be based upon applicable eligibility criteria, availability of
 1473  resources, and interagency prioritization when programs impact
 1474  both agencies, or upon single agency prioritization when
 1475  programs impact only one agency. The continuum shall include,
 1476  but not be limited to:
 1477         (8) SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
 1478  OF HIGH-RISK CHILDREN.—
 1479         (b) Child care and early childhood programs, including, but
 1480  not limited to, subsidized child care, licensed nonsubsidized
 1481  child care facilities, family day care homes, therapeutic child
 1482  care, Head Start, and preschool programs in public and private
 1483  schools.
 1484         Section 19. Subsection (2) of section 411.221, Florida
 1485  Statutes, is amended to read:
 1486         411.221 Prevention and early assistance strategic plan;
 1487  agency responsibilities.—
 1488         (2) The strategic plan and subsequent plan revisions shall
 1489  incorporate and otherwise utilize, to the fullest extent
 1490  possible, the evaluation findings and recommendations from
 1491  intraagency, independent third-party, field projects, and
 1492  reports issued by the Auditor General or the Office of Program
 1493  Policy Analysis and Government Accountability, as well as the
 1494  recommendations of the Agency for Workforce Innovation State
 1495  Coordinating Council for School Readiness Programs.
 1496         Section 20. Paragraph (c) of subsection (4) of section
 1497  445.024, Florida Statutes, is amended to read:
 1498         445.024 Work requirements.—
 1499         (4) PRIORITIZATION OF WORK REQUIREMENTS.—Regional workforce
 1500  boards shall require participation in work activities to the
 1501  maximum extent possible, subject to federal and state funding.
 1502  If funds are projected to be insufficient to allow full-time
 1503  work activities by all program participants who are required to
 1504  participate in work activities, regional workforce boards shall
 1505  screen participants and assign priority based on the following:
 1506         (c) A participant who has access to subsidized or
 1507  unsubsidized child care services may be assigned priority for
 1508  work activities.
 1509  
 1510  Regional workforce boards may limit a participant’s weekly work
 1511  requirement to the minimum required to meet federal work
 1512  activity requirements. Regional workforce boards may develop
 1513  screening and prioritization procedures based on the allocation
 1514  of resources, the availability of community resources, the
 1515  provision of supportive services, or the work activity needs of
 1516  the service area.
 1517         Section 21. Subsection (2) of section 445.030, Florida
 1518  Statutes, is amended to read:
 1519         445.030 Transitional education and training.—In order to
 1520  assist former recipients of temporary cash assistance who are
 1521  working or actively seeking employment in continuing their
 1522  training and upgrading their skills, education, or training,
 1523  support services may be provided for up to 2 years after the
 1524  family is no longer receiving temporary cash assistance. This
 1525  section does not constitute an entitlement to transitional
 1526  education and training. If funds are not sufficient to provide
 1527  services under this section, the board of directors of Workforce
 1528  Florida, Inc., may limit or otherwise prioritize transitional
 1529  education and training.
 1530         (2) Regional workforce boards may authorize child care or
 1531  other support services in addition to services provided in
 1532  conjunction with employment. For example, a participant who is
 1533  employed full time may receive subsidized child care services
 1534  related to that employment and may also receive additional
 1535  subsidized child care services in conjunction with training to
 1536  upgrade the participant’s skills.
 1537         Section 22. Paragraph (a) of subsection (2) of section
 1538  490.014, Florida Statutes, is amended to read:
 1539         490.014 Exemptions.—
 1540         (2) No person shall be required to be licensed or
 1541  provisionally licensed under this chapter who:
 1542         (a) Is a salaried employee of a government agency; a
 1543  developmental disability facility or program; a, mental health,
 1544  alcohol, or drug abuse facility operating under chapter 393,
 1545  chapter 394, or chapter 397; the statewide subsidized child care
 1546  program, subsidized child care case management program, or child
 1547  care resource and referral network program operating under s.
 1548  411.0101 pursuant to chapter 402; a child-placing or child
 1549  caring agency licensed pursuant to chapter 409; a domestic
 1550  violence center certified pursuant to chapter 39; an accredited
 1551  academic institution; or a research institution, if such
 1552  employee is performing duties for which he or she was trained
 1553  and hired solely within the confines of such agency, facility,
 1554  or institution, so long as the employee is not held out to the
 1555  public as a psychologist pursuant to s. 490.012(1)(a).
 1556         Section 23. Paragraph (a) of subsection (4) of section
 1557  491.014, Florida Statutes, is amended to read:
 1558         491.014 Exemptions.—
 1559         (4) No person shall be required to be licensed,
 1560  provisionally licensed, registered, or certified under this
 1561  chapter who:
 1562         (a) Is a salaried employee of a government agency; a
 1563  developmental disability facility or program; a, mental health,
 1564  alcohol, or drug abuse facility operating under chapter 393,
 1565  chapter 394, or chapter 397; the statewide subsidized child care
 1566  program, subsidized child care case management program, or child
 1567  care resource and referral network program operating under s.
 1568  411.0101 pursuant to chapter 402; a child-placing or child
 1569  caring agency licensed pursuant to chapter 409; a domestic
 1570  violence center certified pursuant to chapter 39; an accredited
 1571  academic institution; or a research institution, if such
 1572  employee is performing duties for which he or she was trained
 1573  and hired solely within the confines of such agency, facility,
 1574  or institution, so long as the employee is not held out to the
 1575  public as a clinical social worker, mental health counselor, or
 1576  marriage and family therapist.
 1577         Section 24. Subsections (5) and (6) of section 1002.53,
 1578  Florida Statutes, are amended to read:
 1579         1002.53 Voluntary Prekindergarten Education Program;
 1580  eligibility and enrollment.—
 1581         (5) The early learning coalition shall provide each parent
 1582  enrolling a child in the Voluntary Prekindergarten Education
 1583  Program with a profile of every private prekindergarten provider
 1584  and public school delivering the program within the coalition’s
 1585  county where the child is being enrolled or multicounty region.
 1586  The profiles shall be provided to parents in a format prescribed
 1587  by the Agency for Workforce Innovation. The profiles must
 1588  include, at a minimum, the following information about each
 1589  provider and school:
 1590         (a) The provider’s or school’s services, curriculum,
 1591  instructor credentials, and instructor-to-student ratio; and
 1592         (b) The provider’s or school’s kindergarten readiness rate
 1593  calculated in accordance with s. 1002.69, based upon the most
 1594  recent available results of the statewide kindergarten
 1595  screening.
 1596         (6)(a) A parent may enroll his or her child with any
 1597  private prekindergarten provider that is eligible to deliver the
 1598  Voluntary Prekindergarten Education Program under this part;
 1599  however, the provider may determine whether to admit any child.
 1600  An early learning coalition may not limit the number of students
 1601  admitted by any private prekindergarten provider for enrollment
 1602  in the program. However, this paragraph does not authorize an
 1603  early learning coalition to allow a provider to exceed any
 1604  staff-to-children ratio, square footage per child, or other
 1605  requirement imposed under ss. 402.301-402.319 as a result of
 1606  admissions in the prekindergarten program.
 1607         (b) A parent may enroll his or her child with any public
 1608  school within the school district which is eligible to deliver
 1609  the Voluntary Prekindergarten Education Program under this part,
 1610  subject to available space. Each school district may limit the
 1611  number of students admitted by any public school for enrollment
 1612  in the program; however, the school district must provide for
 1613  the admission of every eligible child within the district whose
 1614  parent enrolls the child in a summer prekindergarten program
 1615  delivered by a public school under s. 1002.61.
 1616         (c) Each private prekindergarten provider and public school
 1617  must comply with the antidiscrimination requirements of 42
 1618  U.S.C. s. 2000d, regardless of whether the provider or school
 1619  receives federal financial assistance. A private prekindergarten
 1620  provider or public school may not discriminate against a parent
 1621  or child, including the refusal to admit a child for enrollment
 1622  in the Voluntary Prekindergarten Education Program, in violation
 1623  of these antidiscrimination requirements.
 1624         (d)Notwithstanding s. 1002.55(3)(b), each private
 1625  prekindergarten provider and public school must have
 1626  disciplinary policies that prohibit children from being
 1627  subjected to discipline that is severe, humiliating,
 1628  frightening, or associated with food, rest, toileting, spanking
 1629  or any other form of physical punishment as provided in s.
 1630  402.305(12).
 1631         Section 25. Paragraph (c) of subsection (3) of section
 1632  1002.67, Florida Statutes, is amended to read:
 1633         1002.67 Performance standards; curricula and
 1634  accountability.—
 1635         (3)
 1636         (c)1. If the kindergarten readiness rate of a private
 1637  prekindergarten provider or public school falls below the
 1638  minimum rate adopted by the State Board of Education as
 1639  satisfactory under s. 1002.69(6), the early learning coalition
 1640  or school district, as applicable, shall require the provider or
 1641  school to submit an improvement plan for approval by the
 1642  coalition or school district, as applicable, and to implement
 1643  the plan.
 1644         2. If a private prekindergarten provider or public school
 1645  fails to meet the minimum rate adopted by the State Board of
 1646  Education as satisfactory under s. 1002.69(6) for 2 consecutive
 1647  years, the early learning coalition or school district, as
 1648  applicable, shall place the provider or school on probation and
 1649  must require the provider or school to take certain corrective
 1650  actions, including the use of a curriculum approved by the
 1651  department under paragraph (2)(c).
 1652         3. A private prekindergarten provider or public school that
 1653  is placed on probation must continue the corrective actions
 1654  required under subparagraph 2., including the use of a
 1655  curriculum approved by the department, until the provider or
 1656  school meets the minimum rate adopted by the State Board of
 1657  Education as satisfactory under s. 1002.69(6).
 1658         4. If a private prekindergarten provider or public school
 1659  remains on probation for 2 consecutive years and fails to meet
 1660  the minimum rate adopted by the State Board of Education as
 1661  satisfactory under s. 1002.69(6), the Agency for Workforce
 1662  Innovation shall require the early learning coalition or the
 1663  Department of Education shall require the school district, as
 1664  applicable, to remove, as applicable, the provider or school
 1665  from eligibility to deliver the Voluntary Prekindergarten
 1666  Education Program and receive state funds for the program.
 1667         Section 26. Paragraph (b) of subsection (6) of section
 1668  1002.71, Florida Statutes, is amended to read:
 1669         1002.71 Funding; financial and attendance reporting.—
 1670         (6)
 1671         (b)1. Each private prekindergarten provider’s and district
 1672  school board’s attendance policy must require the parent of each
 1673  student in the Voluntary Prekindergarten Education Program to
 1674  verify, each month, the student’s attendance on the prior
 1675  month’s certified student attendance.
 1676         2. The parent must submit the verification of the student’s
 1677  attendance to the private prekindergarten provider or public
 1678  school on forms prescribed by the Agency for Workforce
 1679  Innovation. The forms must include, in addition to the
 1680  verification of the student’s attendance, a certification, in
 1681  substantially the following form, that the parent continues to
 1682  choose the private prekindergarten provider or public school in
 1683  accordance with s. 1002.53 and directs that payments for the
 1684  program be made to the provider or school:
 1685  
 1686                VERIFICATION OF STUDENT’S ATTENDANCE               
 1687                AND CERTIFICATION OF PARENTAL CHOICE               
 1688  
 1689         I, ...(Name of Parent)..., swear (or affirm) that my
 1690  child,...(Name of Student)..., attended the Voluntary
 1691  Prekindergarten Education Program on the days listed above and
 1692  certify that I continue to choose ...(Name of Provider or
 1693  School)... to deliver the program for my child and direct that
 1694  program funds be paid to the provider or school for my child.
 1695  
 1696         ...(Signature of Parent)...
 1697         ...(Date)...
 1698  
 1699         3. The private prekindergarten provider or public school
 1700  must keep each original signed form for at least 2 years. Each
 1701  private prekindergarten provider must permit the early learning
 1702  coalition, and each public school must permit the school
 1703  district, to inspect the original signed forms during normal
 1704  business hours. The Agency for Workforce Innovation shall adopt
 1705  procedures for early learning coalitions and school districts to
 1706  review the original signed forms against the certified student
 1707  attendance. The review procedures shall provide for the use of
 1708  selective inspection techniques, including, but not limited to,
 1709  random sampling. Each early learning coalition and the school
 1710  districts district must comply with the review procedures.
 1711         Section 27. Paragraph (b) of subsection (4) of section
 1712  1009.64, Florida Statutes, is amended to read:
 1713         1009.64 Certified Education Paraprofessional Welfare
 1714  Transition Program.—
 1715         (4) The agencies shall complete an implementation plan that
 1716  addresses at least the following recommended components of the
 1717  program:
 1718         (b) A budget for use of incentive funding to provide
 1719  motivation to participants to succeed and excel. The budget for
 1720  incentive funding includes:
 1721         1. Funds allocated by the Legislature directly for the
 1722  program.
 1723         2. Funds that may be made available from the federal
 1724  Workforce Investment Act based on client eligibility or
 1725  requested waivers to make the clients eligible.
 1726         3. Funds made available by implementation strategies that
 1727  would make maximum use of work supplementation funds authorized
 1728  by federal law.
 1729         4. Funds authorized by strategies to lengthen participants’
 1730  eligibility for federal programs such as Medicaid, subsidized
 1731  child care services, and transportation.
 1732  
 1733  Incentives may include a stipend during periods of college
 1734  classroom training, a bonus and recognition for a high grade
 1735  point average, child care and prekindergarten services for
 1736  children of participants, and services to increase a
 1737  participant’s ability to advance to higher levels of employment.
 1738  Nonfinancial incentives should include providing a mentor or
 1739  tutor, and service incentives should continue and increase for
 1740  any participant who plans to complete the baccalaureate degree
 1741  and become a certified teacher. Services may be provided in
 1742  accordance with family choice by community colleges and school
 1743  district career centers, through family service centers and
 1744  full-service schools, or under contract with providers through
 1745  central agencies.
 1746         Section 28. Sections 402.3135 and 402.3145, Florida
 1747  Statutes, are repealed.
 1748         Section 29. Section 402.3016, Florida Statutes, is
 1749  transferred and renumbered as section 411.0104, Florida
 1750  Statutes.
 1751         Section 30. This act shall take effect July 1, 2009.
 1752  
 1753  ================= T I T L E  A M E N D M E N T ================
 1754         And the title is amended as follows:
 1755         Delete everything before the enacting clause
 1756  and insert:
 1757                        A bill to be entitled                      
 1758         An act relating to early learning; amending s.
 1759         39.0121, F.S.; deleting an obsolete reference to the
 1760         repealed subsidized child care program; amending s.
 1761         39.202, F.S.; replacing an obsolete reference to a
 1762         repealed program with an updated reference to the
 1763         school readiness program; authorizing county agencies
 1764         responsible for licensure or approval of child care
 1765         providers to be granted access to certain confidential
 1766         reports and records in cases of child abuse or
 1767         neglect; amending s. 39.5085, F.S.; deleting an
 1768         obsolete reference to a repealed program; amending s.
 1769         383.14, F.S.; replacing obsolete references to the
 1770         former State Coordinating Council for School Readiness
 1771         Programs with updated references to the Agency for
 1772         Workforce Innovation; transferring, renumbering, and
 1773         amending s. 402.25, F.S.; updating an obsolete
 1774         reference to a repealed program; deleting obsolete
 1775         references relating to the repealed prekindergarten
 1776         early intervention program and Florida First Start
 1777         Program; amending s. 402.26, F.S.; revising
 1778         legislative intent; updating an obsolete reference to
 1779         a repealed program; amending s. 402.281, F.S.;
 1780         updating an obsolete reference to a former council;
 1781         requiring the Department of Children and Family
 1782         Services to consult with the Agency for Workforce
 1783         Innovation regarding the approval of accrediting
 1784         associations for the Gold Seal Quality Care program;
 1785         transferring, renumbering, and amending s. 402.3018,
 1786         F.S.; transferring administration of the statewide
 1787         toll-free Warm-Line from the department to the agency;
 1788         conforming provisions; transferring, renumbering, and
 1789         amending s. 402.3051, F.S.; revising procedures for
 1790         child care market rate reimbursement and child care
 1791         grants; transferring authority to establish the
 1792         procedures from the department to the agency;
 1793         directing the agency to adopt a prevailing market rate
 1794         schedule for child care services; revising
 1795         definitions; prohibiting the schedule from interfering
 1796         with parental choice; authorizing the agency to enter
 1797         into contracts and adopt rules; amending s. 402.313,
 1798         F.S.; deleting obsolete provisions authorizing the
 1799         department to license family day care homes
 1800         participating in a repealed program; amending s.
 1801         402.315, F.S.; revising provisions relating to fees
 1802         collected for child care facilities; amending s.
 1803         402.45, F.S.; updating an obsolete reference relating
 1804         to a former council; directing the Department of
 1805         Health to consult with the agency regarding certain
 1806         training provided for contractors of the community
 1807         resource mother or father program; amending s.
 1808         409.1671, F.S.; clarifying that a licensed foster home
 1809         may be dually licensed as a child care facility and
 1810         receive certain payments for the same child; deleting
 1811         an obsolete reference to a repealed program; amending
 1812         s. 411.01, F.S.; revising provisions relating to the
 1813         School Readiness Act; revising legislative intent;
 1814         revising the duties and responsibilities of the Agency
 1815         for Workforce Innovation; extending the date by which
 1816         early learning coalitions must be organized; revising
 1817         requirements for parental choice; directing the agency
 1818         to establish a formula for allocating school readiness
 1819         funds to each county; providing for legislative notice
 1820         and review of the formula; amending s. 411.0101, F.S.;
 1821         revising requirements for services provided by the
 1822         statewide child care resource and referral network;
 1823         updating obsolete references to repealed programs;
 1824         amending s. 411.0102, F.S.; revising provisions
 1825         relating to the Child Care Executive Partnership Act;
 1826         updating obsolete references to repealed programs;
 1827         deleting provisions relating to the duties of each
 1828         early coalition board; amending s. 411.0105, F.S.;
 1829         revising lead agency responsibilities for
 1830         administration of certain federal provisions;
 1831         requiring the Department of Education to contract with
 1832         the agency; amending s. 411.203, F.S.; deleting an
 1833         obsolete reference to a repealed program; conforming
 1834         provisions; amending s. 411.221, F.S.; updating an
 1835         obsolete reference to a former council; amending ss.
 1836         445.024, 445.030, 490.014, and 491.014, F.S.; deleting
 1837         obsolete references to repealed programs; conforming
 1838         provisions to the repeal of the subsidized child care
 1839         case management program; amending ss. 1002.53,
 1840         1002.67, and 1002.71, F.S.; conforming provisions to
 1841         changes made by the act; amending s. 1009.64, F.S.;
 1842         deleting an obsolete reference to a repealed program;
 1843         repealing ss. 402.3135 and 402.3145, F.S., relating to
 1844         the subsidized child care program case management
 1845         program and the subsidized child care transportation
 1846         program; transferring and renumbering s. 402.3016,
 1847         F.S., relating to Early Head Start collaboration
 1848         grants; providing an effective date.