CS/CS/HB 1203

1	A bill to be entitled
2	An act relating to early learning; amending s. 39.0121,
3	F.S.; deleting an obsolete reference to the repealed
4	subsidized child care program; amending s. 39.202, F.S.;
5	replacing an obsolete reference to a repealed program with
6	an updated reference to the school readiness program;
7	authorizing county agencies responsible for licensure or
8	approval of child care providers to be granted access to
9	certain confidential reports and records in cases of child
10	abuse or neglect; amending s. 39.5085, F.S.; deleting an
11	obsolete reference to a repealed program; amending s.
12	383.14, F.S.; replacing obsolete references to the former
13	State Coordinating Council for School Readiness Programs
14	with updated references to the Agency for Workforce
15	Innovation; transferring, renumbering, and amending s.
16	402.25, F.S.; updating an obsolete reference to a repealed
17	program; deleting obsolete references relating to the
18	repealed prekindergarten early intervention program and
19	Florida First Start Program; amending s. 402.26, F.S.;
20	revising legislative intent; updating an obsolete
21	reference to a repealed program; amending s. 402.281,
22	F.S.; establishing the Gold Seal Quality Care program
23	within the Department of Children and Family Services;
24	providing that child care facilities, large family child
25	care homes, and family day care homes may receive a Gold
26	Seal Quality Care designation if accredited by a
27	nationally recognized accrediting association and meeting
28	certain requirements; requiring that the department adopt
29	rules establishing accrediting standards; requiring that
30	an accrediting association apply to the department for
31	participation in the program; revising the entities with
32	which the department must consult regarding the approval
33	of accrediting associations; transferring and renumbering
34	s. 402.3016, F.S., relating to Early Head Start
35	collaboration grants; transferring, renumbering, and
36	amending s. 402.3018, F.S.; transferring administration of
37	the statewide toll-free Warm-Line from the department to
38	the agency; conforming provisions; transferring,
39	renumbering, and amending s. 402.3051, F.S.; revising
40	procedures for child care market rate reimbursement and
41	child care grants; transferring authority to establish the
42	procedures from the department to the agency; directing
43	the agency to adopt a prevailing market rate schedule for
44	child care services; revising definitions; authorizing the
45	agency to enter into contracts and adopt rules; amending
46	s. 402.313, F.S.; deleting obsolete provisions authorizing
47	the department to license family day care homes
48	participating in a repealed program; repealing s.
49	402.3135, F.S., relating to the subsidized child care
50	program case management program; transferring,
51	renumbering, and amending s. 402.3145, F.S.; transferring
52	administration of certain transportation services for
53	children at risk of abuse or neglect from the department
54	to the agency; revising requirements for the provision of
55	such transportation services; amending s. 402.315, F.S.;
56	revising provisions relating to fees collected for child
57	care facilities; amending s. 402.45, F.S.; updating an
58	obsolete reference relating to a former council; directing
59	the Department of Health to consult with the agency
60	regarding certain training provided for contractors of the
61	community resource mother or father program; amending s.
62	409.1671, F.S.; clarifying that a licensed foster home may
63	be dually licensed as a family day care home or large
64	family child care home and receive certain payments for
65	the same child; deleting an obsolete reference to a
66	repealed program; amending s. 411.01, F.S.; revising
67	provisions relating to the School Readiness Act; revising
68	legislative intent; revising the duties and
69	responsibilities of the Agency for Workforce Innovation;
70	revising provisions for school readiness plans; specifying
71	that certain program providers' compliance with licensing
72	standards satisfies certain health screening requirements;
73	requiring early learning coalitions to maintain certain
74	direct enhancement services; deleting obsolete provisions
75	relating to the merger of early learning coalitions;
76	revising provisions for the membership of early learning
77	coalitions and the voting privileges of such members;
78	revising requirements for parental choice; directing the
79	agency to establish a formula for allocating school
80	readiness funds to each county; providing for legislative
81	notice and review of the formula; amending s. 411.0101,
82	F.S.; revising requirements for services provided by the
83	statewide child care resource and referral network;
84	updating obsolete references to repealed programs;
85	amending s. 411.0102, F.S.; revising provisions relating
86	to the Child Care Executive Partnership Act; updating
87	obsolete references to repealed programs; deleting
88	provisions relating to the duties of each early coalition
89	board; amending s. 411.203, F.S.; deleting an obsolete
90	reference to a repealed program; conforming provisions;
91	amending s. 411.221, F.S.; updating an obsolete reference
92	to a former council; amending ss. 445.024, 445.030,
93	490.014, and 491.014, F.S.; deleting obsolete references
94	to repealed programs; conforming provisions to the repeal
95	of the subsidized child care case management program;
96	amending ss. 1002.53, 1002.55, 1002.67, and 1002.71, F.S.;
97	revising provisions relating to the eligibility
98	requirements for private prekindergarten providers;
99	conforming provisions to changes made by the act; amending
100	s. 1002.69, F.S.; authorizing the State Board of Education
101	to grant good cause exemptions from private
102	prekindergarten providers' and private schools'
103	ineligibility to deliver the Voluntary Prekindergarten
104	Education Program under certain circumstances; amending s.
105	1002.73, F.S.; authorizing the Department of Education to
106	adopt procedures for the granting of good cause
107	exemptions; amending s. 1009.64, F.S.; deleting an
108	obsolete reference to a repealed program; providing an
109	effective date.
110
111	Be It Enacted by the Legislature of the State of Florida:
112
113	Section 1.  Subsection (7) of section 39.0121, Florida
114	Statutes, is amended to read:
115	39.0121  Specific rulemaking authority.-Pursuant to the
116	requirements of s. 120.536, the department is specifically
117	authorized to adopt, amend, and repeal administrative rules
118	which implement or interpret law or policy, or describe the
119	procedure and practice requirements necessary to implement this
120	chapter, including, but not limited to, the following:
121	(7)  Federal funding requirements and procedures; foster
122	care and adoption subsidies; and subsidized independent living;
123	and subsidized child care.
124	Section 2.  Paragraph (a) of subsection (2) of section
125	39.202, Florida Statutes, is amended to read:
126	39.202  Confidentiality of reports and records in cases of
127	child abuse or neglect.-
128	(2)  Except as provided in subsection (4), access to such
129	records, excluding the name of the reporter which shall be
130	released only as provided in subsection (5), shall be granted
131	only to the following persons, officials, and agencies:
132	(a)  Employees, authorized agents, or contract providers of
133	the department, the Department of Health, the Agency for Persons
134	with Disabilities, or county agencies responsible for carrying
135	out:
136	1.  Child or adult protective investigations;
137	2.  Ongoing child or adult protective services;
138	3.  Early intervention and prevention services;
139	4.  Healthy Start services;
140	5.  Licensure or approval of adoptive homes, foster homes,
141	child care facilities, facilities licensed under chapter 393, or
142	family day care homes or informal child care providers who
143	receive school readiness subsidized child care funding, or other
144	homes used to provide for the care and welfare of children; or
145	6.  Services for victims of domestic violence when provided
146	by certified domestic violence centers working at the
147	department's request as case consultants or with shared clients.
148
149	Also, employees or agents of the Department of Juvenile Justice
150	responsible for the provision of services to children, pursuant
151	to chapters 984 and 985.
152	Section 3.  Paragraph (f) of subsection (2) of section
153	39.5085, Florida Statutes, is amended to read:
154	39.5085  Relative Caregiver Program.-
155	(2)
156	(f)  Within available funding, the Relative Caregiver
157	Program shall provide relative caregivers with family support
158	and preservation services, flexible funds in accordance with s.
159	409.165, school readiness subsidized child care, and other
160	available services in order to support the child's safety,
161	growth, and healthy development. Children living with relative
162	caregivers who are receiving assistance under this section shall
163	be eligible for Medicaid coverage.
164	Section 4.  Paragraph (b) of subsection (1) and subsection
165	(2) of section 383.14, Florida Statutes, are amended to read:
166	383.14  Screening for metabolic disorders, other hereditary
167	and congenital disorders, and environmental risk factors.-
168	(1)  SCREENING REQUIREMENTS.-To help ensure access to the
169	maternal and child health care system, the Department of Health
170	shall promote the screening of all newborns born in Florida for
171	metabolic, hereditary, and congenital disorders known to result
172	in significant impairment of health or intellect, as screening
173	programs accepted by current medical practice become available
174	and practical in the judgment of the department. The department
175	shall also promote the identification and screening of all
176	newborns in this state and their families for environmental risk
177	factors such as low income, poor education, maternal and family
178	stress, emotional instability, substance abuse, and other high-
179	risk conditions associated with increased risk of infant
180	mortality and morbidity to provide early intervention,
181	remediation, and prevention services, including, but not limited
182	to, parent support and training programs, home visitation, and
183	case management. Identification, perinatal screening, and
184	intervention efforts shall begin prior to and immediately
185	following the birth of the child by the attending health care
186	provider. Such efforts shall be conducted in hospitals,
187	perinatal centers, county health departments, school health
188	programs that provide prenatal care, and birthing centers, and
189	reported to the Office of Vital Statistics.
190	(b)  Postnatal screening.-A risk factor analysis using the
191	department's designated risk assessment instrument shall also be
192	conducted as part of the medical screening process upon the
193	birth of a child and submitted to the department's Office of
194	Vital Statistics for recording and other purposes provided for
195	in this chapter. The department's screening process for risk
196	assessment shall include a scoring mechanism and procedures that
197	establish thresholds for notification, further assessment,
198	referral, and eligibility for services by professionals or
199	paraprofessionals consistent with the level of risk. Procedures
200	for developing and using the screening instrument, notification,
201	referral, and care coordination services, reporting
202	requirements, management information, and maintenance of a
203	computer-driven registry in the Office of Vital Statistics which
204	ensures privacy safeguards must be consistent with the
205	provisions and plans established under chapter 411, Pub. L. No.
206	99-457, and this chapter. Procedures established for reporting
207	information and maintaining a confidential registry must include
208	a mechanism for a centralized information depository at the
209	state and county levels. The department shall coordinate with
210	existing risk assessment systems and information registries. The
211	department must ensure, to the maximum extent possible, that the
212	screening information registry is integrated with the
213	department's automated data systems, including the Florida On-
214	line Recipient Integrated Data Access (FLORIDA) system. Tests
215	and screenings must be performed by the State Public Health
216	Laboratory, in coordination with Children's Medical Services, at
217	such times and in such manner as is prescribed by the department
218	after consultation with the Genetics and Infant Screening
219	Advisory Council and the Agency for Workforce Innovation State
220	Coordinating Council for School Readiness Programs.
221	(2)  RULES.-After consultation with the Genetics and
222	Newborn Screening Advisory Council, the department shall adopt
223	and enforce rules requiring that every newborn in this state
224	shall, prior to becoming 1 week of age, be subjected to a test
225	for phenylketonuria and, at the appropriate age, be tested for
226	such other metabolic diseases and hereditary or congenital
227	disorders as the department may deem necessary from time to
228	time. After consultation with the Agency for Workforce
229	Innovation State Coordinating Council for School Readiness
230	Programs, the department shall also adopt and enforce rules
231	requiring every newborn in this state to be screened for
232	environmental risk factors that place children and their
233	families at risk for increased morbidity, mortality, and other
234	negative outcomes. The department shall adopt such additional
235	rules as are found necessary for the administration of this
236	section and s. 383.145, including rules providing definitions of
237	terms, rules relating to the methods used and time or times for
238	testing as accepted medical practice indicates, rules relating
239	to charging and collecting fees for the administration of the
240	newborn screening program authorized by this section, rules for
241	processing requests and releasing test and screening results,
242	and rules requiring mandatory reporting of the results of tests
243	and screenings for these conditions to the department.
244	Section 5.  Section 402.25, Florida Statutes, is
245	transferred, renumbered as section 411.0106, Florida Statutes,
246	and amended to read:
247	411.0106 402.25  Infants and toddlers in state-funded
248	education and care programs; brain development activities.-Each
249	state-funded education and care program for children from birth
250	to 5 years of age must provide activities to foster brain
251	development in infants and toddlers. A program must provide an
252	environment that helps children attain the performance standards
253	adopted by the Agency for Workforce Innovation under s.
254	411.01(4)(d)8. and must be rich in language and music and filled
255	with objects of various colors, shapes, textures, and sizes to
256	stimulate visual, tactile, auditory, and linguistic senses in
257	the children and must include classical music and at least 30
258	minutes of reading to the children each day. A program may be
259	offered through an existing early childhood program such as
260	Healthy Start, the Title I program, the school readiness program
261	contracted or directly operated subsidized child care, the
262	prekindergarten early intervention program, Florida First Start,
263	the Head Start program, or a private child care program. A
264	program must provide training for the infants' and toddlers'
265	parents including direct dialogue and interaction between
266	teachers and parents demonstrating the urgency of brain
267	development in the first year of a child's life. Family day care
268	centers are encouraged, but not required, to comply with this
269	section.
270	Section 6.  Subsection (5) of section 402.26, Florida
271	Statutes, is amended to read:
272	402.26  Child care; legislative intent.-
273	(5)  It is the further intent of the Legislature to provide
274	and make accessible child care opportunities for children at
275	risk, economically disadvantaged children, and other children
276	traditionally disenfranchised from society. In achieving this
277	intent, the Legislature shall develop a school readiness program
278	subsidized child care system, a range of child care options,
279	support services, and linkages with other programs to fully meet
280	the child care needs of this population.
281	Section 7.  Section 402.281, Florida Statutes, is amended
282	to read:
283	402.281  Gold Seal Quality Care program.-
284	(1)(a)  There is established within the department the Gold
285	Seal Quality Care Program.
286	(b)  A child care facility facilities, large family child
287	care home homes, or family day care home homes that is are
288	accredited by a nationally recognized accrediting association
289	approved by the department under subsection (3) and meets all
290	other requirements, upon application to the department, shall
291	receive a separate "Gold Seal Quality Care" designation.
292	(2)  The department shall adopt rules establishing Gold
293	Seal Quality Care accrediting standards based on the applicable
294	accrediting standards of whose standards substantially meet or
295	exceed the National Association for the Education of Young
296	Children (NAEYC), the National Association of Family Child Care,
297	and the National Early Childhood Program Accreditation
298	Commission shall receive a separate "Gold Seal Quality Care"
299	designation to operate as a gold seal child care facility, large
300	family child care home, or family day care home.
301	(3)(a)(2)  In order to be approved by the department for
302	participation in the Gold Seal Quality Care program, an
303	accrediting association must apply to the department and
304	demonstrate that it:
305	1.  Is a nationally recognized accrediting association.
306	2.  Has accrediting standards that substantially meet or
307	exceed the Gold Seal Quality Care accrediting standards adopted
308	by the department under subsection (2).
309	(b)  In approving accrediting associations developing the
310	Gold Seal Quality Care program standards, the department shall
311	consult with the Department of Education, the Agency for
312	Workforce Innovation, the Florida Head Start Directors
313	Association, the Florida Association for of Child Care
314	Management, the Florida Family Day Care Association, the Florida
315	Children's Forum, the State Coordinating Council for School
316	Readiness Programs, the Early Childhood Association of Florida,
317	the National Association for Child Development Education
318	Alliance, providers receiving exemptions under s. 402.316, and
319	parents, for the purpose of approving the accrediting
320	associations.
321	(4)(3)  In order to obtain and maintain a designation as a
322	Gold Seal Quality Care provider, a child care facility, large
323	family child care home, or family day care home must meet the
324	following additional criteria:
325	(a)  The child care provider must not have had any class I
326	violations, as defined by rule, within the 2 years preceding its
327	application for designation as a Gold Seal Quality Care
328	provider. Commission of a class I violation shall be grounds for
329	termination of the designation as a Gold Seal Quality Care
330	provider until the provider has no class I violations for a
331	period of 2 years.
332	(b)  The child care provider must not have had three or
333	more class II violations, as defined by rule, within the 2 years
334	preceding its application for designation as a Gold Seal Quality
335	Care provider. Commission of three or more class II violations
336	within a 2-year period shall be grounds for termination of the
337	designation as a Gold Seal Quality Care provider until the
338	provider has no class II violations for a period of 1 year.
339	(c)  The child care provider must not have been cited for
340	the same class III violation, as defined by rule, three or more
341	times within the 2 years preceding its application for
342	designation as a Gold Seal Quality Care provider. Commission of
343	the same class III violation three or more times during a 2-year
344	period shall be grounds for termination of the designation as a
345	Gold Seal Quality Care provider until the provider has no class
346	III violations for a period of 1 year.
347	(5)(4)  The Department of Children and Family Services
348	shall adopt rules under ss. 120.536(1) and 120.54 which provide
349	criteria and procedures for reviewing and approving accrediting
350	associations for participation in the Gold Seal Quality Care
351	program, conferring and revoking designations of Gold Seal
352	Quality Care providers, and classifying violations.
353	Section 8.  Section 402.3016, Florida Statutes, is
354	transferred and renumbered as section 411.0104, Florida
355	Statutes.
356	Section 9.  Section 402.3018, Florida Statutes, is
357	transferred, renumbered as section 411.01015, Florida Statutes,
358	and amended to read:
359	411.01015 402.3018  Consultation to child care centers and
360	family day care homes regarding health, developmental,
361	disability, and special needs issues.-
362	(1)  Contingent upon specific appropriations, the Agency
363	for Workforce Innovation shall administer department is directed
364	to contract with the statewide resource information and referral
365	agency for a statewide toll-free Warm-Line for the purpose of
366	providing assistance and consultation to child care centers and
367	family day care homes regarding health, developmental,
368	disability, and special needs issues of the children they are
369	serving, particularly children with disabilities and other
370	special needs.
371	(2)  The purpose of the Warm-Line is to provide advice to
372	child care personnel concerning strategies, curriculum, and
373	environmental adaptations that allow a child with a disability
374	or special need to derive maximum benefit from the child care
375	services experience.
376	(3)  The Agency for Workforce Innovation department shall
377	annually inform child care centers and family day care homes of
378	the availability of this service through the child care resource
379	and referral network under s. 411.0101, on an annual basis.
380	(4)  Contingent upon specific appropriations, the Agency
381	for Workforce Innovation department shall expand, or contract
382	for the expansion of, the Warm-Line to maintain at least one
383	Warm-Line site in each early learning coalition service area
384	from one statewide site to one Warm-Line site in each child care
385	resource and referral agency region.
386	(5)  Each regional Warm-Line shall provide assistance and
387	consultation to child care centers and family day care homes
388	regarding health, developmental, disability, and special needs
389	issues of the children they are serving, particularly children
390	with disabilities and other special needs. Regional Warm-Line
391	staff shall provide onsite technical assistance, when requested,
392	to assist child care centers and family day care homes with
393	inquiries relative to the strategies, curriculum, and
394	environmental adaptations the child care centers and family day
395	care homes may need as they serve children with disabilities and
396	other special needs.
397	Section 10.  Section 402.3051, Florida Statutes, is
398	transferred, renumbered as section 411.01013, Florida Statutes,
399	and amended to read:
400	(Substantial rewording of section. See
401	s. 402.3051, F.S., for present text.)
402	411.01013  Prevailing market rate schedule.-
403	(1)  As used in this section, the term:
404	(a)  "Market rate" means the price that a child care
405	provider charges for daily, weekly, or monthly child care
406	services.
407	(b)  "Prevailing market rate" means the annually determined
408	75th percentile of a reasonable frequency distribution of the
409	market rate in a predetermined geographic market at which child
410	care providers charge a person for child care services.
411	(2)  The Agency for Workforce Innovation shall establish
412	procedures for the adoption of a prevailing market rate
413	schedule. The schedule must include, at a minimum, county-by-
414	county rates:
415	(a)  At the prevailing market rate, plus the maximum rate,
416	for child care providers that hold a Gold Seal Quality Care
417	designation under s. 402.281.
418	(b)  At the prevailing market rate for child care providers
419	that do not hold a Gold Seal Quality Care designation.
420	(3)  The prevailing market rate schedule, at a minimum,
421	must:
422	(a)  Differentiate rates by type, including, but not
423	limited to, a child care provider that holds a Gold Seal Quality
424	Care designation under s. 402.281, a child care facility
425	licensed under s. 402.305, a public or nonpublic school exempt
426	from licensure under s. 402.3025, a faith-based child care
427	facility exempt from licensure under s. 402.316 that does not
428	hold a Gold Seal Quality Care designation, a large family child
429	care home licensed under s. 402.3131, a family day care home
430	licensed or registered under s. 402.313, or an after-school
431	program that is not defined as child care under rules adopted
432	pursuant to s. 402.3045.
433	(b)  Differentiate rates by the type of child care services
434	provided for children with special needs or risk categories,
435	infants, toddlers, preschool-age children, and school-age
436	children.
437	(c)  Differentiate rates between full-time and part-time
438	child care services.
439	(d)  Consider discounted rates for child care services for
440	multiple children in a single family.
441	(4)  The prevailing market rate schedule must be based
442	exclusively on the prices charged for child care services. If a
443	conflict exists between this subsection and federal
444	requirements, the federal requirements shall control.
445	(5)  An early learning coalition must consider the
446	prevailing market rate in the adoption of its payment schedule
447	in accordance with s. 411.01(5)(e)2.
448	(6)  The Agency for Workforce Innovation may contract with
449	one or more qualified entities to administer this section and
450	provide support and technical assistance for child care
451	providers.
452	(7)  The Agency for Workforce Innovation may adopt rules
453	pursuant to ss. 120.536(1) and 120.54 to establish procedures
454	for the collection of the market rate from child care providers,
455	calculation of a reasonable frequency distribution of the market
456	rate, and publication of the prevailing market rate schedule.
457	Section 11.  Subsection (1) of section 402.313, Florida
458	Statutes, is amended to read:
459	402.313  Family day care homes.-
460	(1)  Family day care homes shall be licensed under this act
461	if they are presently being licensed under an existing county
462	licensing ordinance, if they are participating in the subsidized
463	child care program, or if the board of county commissioners
464	passes a resolution that family day care homes be licensed. If
465	no county authority exists for the licensing of a family day
466	care home, the department shall have the authority to license
467	family day care homes under contract for the purchase-of-service
468	system in the subsidized child care program.
469	(a)  If not subject to license, family day care homes shall
470	register annually with the department, providing the following
471	information:
472	1.  The name and address of the home.
473	2.  The name of the operator.
474	3.  The number of children served.
475	4.  Proof of a written plan to provide at least one other
476	competent adult to be available to substitute for the operator
477	in an emergency. This plan shall include the name, address, and
478	telephone number of the designated substitute.
479	5.  Proof of screening and background checks.
480	6.  Proof of successful completion of the 30-hour training
481	course, as evidenced by passage of a competency examination,
482	which shall include:
483	a.  State and local rules and regulations that govern child
484	care.
485	b.  Health, safety, and nutrition.
486	c.  Identifying and reporting child abuse and neglect.
487	d.  Child development, including typical and atypical
488	language development; and cognitive, motor, social, and self-
489	help skills development.
490	e.  Observation of developmental behaviors, including using
491	a checklist or other similar observation tools and techniques to
492	determine a child's developmental level.
493	f.  Specialized areas, including early literacy and
494	language development of children from birth to 5 years of age,
495	as determined by the department, for owner-operators of family
496	day care homes.
497	7.  Proof that immunization records are kept current.
498	8.  Proof of completion of the required continuing
499	education units or clock hours.
500	(b)  A family day care home not participating in the
501	subsidized child care program may volunteer to be licensed under
502	the provisions of this act.
503	(c)  The department may provide technical assistance to
504	counties and family day care home providers to enable counties
505	and family day care providers to achieve compliance with family
506	day care homes standards.
507	Section 12.  Section 402.3135, Florida Statutes, is
508	repealed.
509	Section 13.  Section 402.3145, Florida Statutes, is
510	transferred, renumbered as section 411.01014, Florida Statutes,
511	and amended to read:
512	411.01014 402.3145  School readiness Subsidized child care
513	transportation services program.-
514	(1)  The Agency for Workforce Innovation department,
515	pursuant to chapter 427, may authorize an early learning
516	coalition to shall establish school readiness a subsidized child
517	care transportation services system for children at risk of
518	abuse or neglect participating in the school readiness
519	subsidized child care program. The early learning coalitions may
520	state community child care coordination agencies shall contract
521	for the provision of transportation services as required by this
522	section.
523	(2)  The transportation servicers may only system shall
524	provide transportation to each child participating in the school
525	readiness program to the extent that such subsidized child care
526	when, and only when, transportation is necessary to provide
527	child care opportunities that which otherwise would not be
528	available to a child whose home is more than a reasonable
529	walking distance from the nearest child care facility or family
530	day care home.
531	Section 14.  Subsection (3) of section 402.315, Florida
532	Statutes, is amended to read:
533	402.315  Funding; license fees.-
534	(3)  The department shall collect a fee for any license it
535	issues for a child care facility, family day care home, or large
536	family child care home pursuant to ss. 402.305, 402.313, and
537	402.3131 s. 402.308.
538	(a)  For a child care facility licensed pursuant to s.
539	402.305, such fee shall be $1 per child based on the licensed
540	capacity of the facility, except that the minimum fee shall be
541	$25 per facility center and the maximum fee shall be $100 per
542	facility center.
543	(b)  For a family day care home registered pursuant to s.
544	402.313, such fee shall be $25.
545	(c)  For a family day care home licensed pursuant to s.
546	402.313, such fee shall be $50.
547	(d)  For a large family child care home licensed pursuant
548	to s. 402.3131, such fee shall be $60.
549	Section 15.  Subsection (6) of section 402.45, Florida
550	Statutes, is amended to read:
551	402.45  Community resource mother or father program.-
552	(6)  Individuals under contract to provide community
553	resource mother or father services shall participate in
554	preservice and ongoing training as determined by the Department
555	of Health in consultation with the Agency for Workforce
556	Innovation State Coordinating Council for School Readiness
557	Programs. A community resource mother or father shall not be
558	assigned a client caseload until all preservice training
559	requirements are completed.
560	Section 16.  Paragraph (c) of subsection (5) of section
561	409.1671, Florida Statutes, is amended to read:
562	409.1671  Foster care and related services; outsourcing.-
563	(5)
564	(c)  A foster home dually licensed home under s. 409.175
565	may this section shall be dually licensed as a family day care
566	home or large family child care home under chapter 402 and may
567	eligible to receive a foster care maintenance both an out-of-
568	home care payment and, to the extent permitted under federal
569	law, school readiness funding a subsidized child care payment
570	for the same child pursuant to federal law. The department may
571	adopt administrative rules necessary to administer this
572	paragraph.
573	Section 17.  Paragraphs (a), (d), (e), (f), (g), and (h) of
574	subsection (2) and subsections (4) through (11) of section
575	411.01, Florida Statutes, are amended to read:
576	411.01  School readiness programs; early learning
577	coalitions.-
578	(2)  LEGISLATIVE INTENT.-
579	(a)  The Legislature recognizes that school readiness
580	programs increase children's chances of achieving future
581	educational success and becoming productive members of society.
582	It is the intent of the Legislature that the programs be
583	developmentally appropriate, research-based, involve the parent
584	parents as a their child's first teacher, serve as preventive
585	measures for children at risk of future school failure, enhance
586	the educational readiness of eligible children, and support
587	family education. Each school readiness program shall provide
588	the elements necessary to prepare at-risk children for school,
589	including health screening and referral and an appropriate
590	educational program.
591	(d)  It is the intent of the Legislature that the
592	administrative staff at the state level for school readiness
593	programs be kept to the minimum necessary to administer the
594	duties of the Agency for Workforce Innovation and early learning
595	coalitions. The Agency for Workforce Innovation shall adopt
596	system support services at the state level to build a
597	comprehensive early learning system. Each early learning
598	coalition shall implement and maintain direct enhancement
599	services at the local level, as approved in its school readiness
600	plan by the Agency for Workforce Innovation, and ensure access
601	to such services in each county, as the school readiness
602	programs are to be regionally designed, operated, and managed,
603	with the Agency for Workforce Innovation developing school
604	readiness program performance standards and outcome measures and
605	approving and reviewing early learning coalitions and school
606	readiness plans.
607	(e)  It is the intent of the Legislature that
608	appropriations for combined school readiness programs shall not
609	be less than the programs would receive in any fiscal year on an
610	uncombined basis.
611	(e)(f)  It is the intent of the Legislature that the school
612	readiness program coordinate and operate in conjunction with the
613	district school systems. However, it is also the intent of the
614	Legislature that the school readiness program not be construed
615	as part of the system of free public schools but rather as a
616	separate program for children under the age of kindergarten
617	eligibility, funded separately from the system of free public
618	schools, utilizing a mandatory sliding fee scale, and providing
619	an integrated and seamless system of school readiness services
620	for the state's birth-to-kindergarten population.
621	(g)  It is the intent of the Legislature that the federal
622	child care income tax credit be preserved for school readiness
623	programs.
624	(f)(h)  It is the intent of the Legislature that school
625	readiness services shall be an integrated and seamless program
626	system of services with a developmentally appropriate education
627	component for the state's eligible birth-to-kindergarten
628	population described in subsection (6) and shall not be
629	construed as part of the seamless K-20 education system.
630	(4)  AGENCY FOR WORKFORCE INNOVATION.-
631	(a)  The Agency for Workforce Innovation shall administer
632	school readiness programs at the state level and shall
633	coordinate with the early learning coalitions in providing
634	school readiness services on a full-day, full-year, full-choice
635	basis to the extent possible in order to enable parents to work
636	and be financially self-sufficient.
637	(b)  The Agency for Workforce Innovation shall:
638	1.  Coordinate the birth-to-kindergarten services for
639	children who are eligible under subsection (6) and the
640	programmatic, administrative, and fiscal standards under this
641	section for all public providers of school readiness programs.
642	2.  Continue to provide unified leadership for school
643	readiness through early learning coalitions.
644	2.3.  Focus on improving the educational quality of all
645	program providers participating in publicly funded school
646	readiness programs.
647	(c)  The Governor shall designate the Agency for Workforce
648	Innovation as the lead agency for purposes of administration of
649	the federal Child Care and Development Fund, 45 C.F.R. parts 98
650	and 99, and the agency for Workforce Innovation may be
651	designated by the Governor as the lead agency and, if so
652	designated, shall comply with the lead agency responsibilities
653	under federal law.
654	(d)  The Agency for Workforce Innovation shall:
655	1.  Be responsible for the prudent use of all public and
656	private funds in accordance with all legal and contractual
657	requirements.
658	2.  Provide final approval and every 2 years periodic
659	review of early learning coalitions and school readiness plans.
660	3.  Establish Provide leadership for the enhancement of
661	school readiness in this state by aggressively establishing a
662	unified approach to the state's efforts toward enhancement of
663	school readiness. In support of this effort, the Agency for
664	Workforce Innovation shall adopt may develop and implement
665	specific system support services strategies that address the
666	state's school readiness programs. An early learning coalition
667	shall amend its school readiness plan to conform to the specific
668	system support services adopted by the Agency for Workforce
669	Innovation. System support services shall include, but are not
670	limited to:
671	a.  Child care resource and referral services;
672	b.  Warm-Line services;
673	c.  Eligibility determinations;
674	d.  Child performance standards;
675	e.  Child screening and assessment;
676	f.  Developmentally appropriate curricula;
677	g.  Health and safety requirements;
678	h.  Statewide data system requirements; and
679	i.  Rating and improvement systems.
680	4.  Safeguard the effective use of federal, state, local,
681	and private resources to achieve the highest possible level of
682	school readiness for the children in this state.
683	5.  Adopt a rule establishing criteria for the expenditure
684	of funds designated for the purpose of funding activities to
685	improve the quality of child care within the state in accordance
686	with s. 658G of the federal Child Care and Development Block
687	Grant Act.
688	6.5.  Provide technical assistance to early learning
689	coalitions in a manner determined by the Agency for Workforce
690	Innovation based upon information obtained by the agency from
691	various sources, including, but not limited to, public input,
692	government reports, private interest group reports, agency
693	monitoring visits, and coalition requests for service.
694	7.  In cooperation with the Department of Education and
695	early learning coalitions, coordinate with the Child Care
696	Services Program Office of the Department of Children and Family
697	Services to minimize duplicating interagency activities, health
698	and safety monitoring, and acquiring and composing data
699	pertaining to child care training and credentialing.
700	6.  Assess gaps in service.
701	7.  Provide technical assistance to counties that form a
702	multicounty region served by an early learning coalition.
703	8.  Develop and adopt performance standards and outcome
704	measures for school readiness programs. The performance
705	standards must address the age-appropriate progress of children
706	in the development of the school readiness skills required under
707	paragraph (j). The performance standards for children from birth
708	to 5 3 years of age in school readiness programs must be
709	integrated with the performance standards adopted by the
710	Department of Education for children in the Voluntary
711	Prekindergarten Education Program under s. 1002.67.
712	9.  Adopt a standard contract that must be used by the
713	coalitions when contracting with school readiness providers.
714	(e)  The Agency for Workforce Innovation may adopt rules
715	under ss. 120.536(1) and 120.54 to administer the provisions of
716	law conferring duties upon the agency, including, but not
717	limited to, rules governing the administration of system support
718	services preparation and implementation of the school readiness
719	programs system, the collection of data, the approval of early
720	learning coalitions and school readiness plans, the provision of
721	a method whereby an early learning coalition may serve two or
722	more counties, the award of incentives to early learning
723	coalitions, child performance standards, child outcome measures,
724	and the issuance of waivers, and the implementation of the
725	state's Child Care and Development Fund Plan as approved by the
726	federal Administration for Children and Families.
727	(f)  The Agency for Workforce Innovation shall have all
728	powers necessary to administer this section, including, but not
729	limited to, the power to receive and accept grants, loans, or
730	advances of funds from any public or private agency and to
731	receive and accept from any source contributions of money,
732	property, labor, or any other thing of value, to be held, used,
733	and applied for purposes of this section.
734	(g)  Except as provided by law, the Agency for Workforce
735	Innovation may not impose requirements on a child care or early
736	childhood education provider that does not deliver services
737	under the a school readiness programs program or receive state
738	or federal funds under this section.
739	(h)  The Agency for Workforce Innovation shall have a
740	budget for the school readiness programs system, which shall be
741	financed through an annual appropriation made for purposes of
742	this section in the General Appropriations Act.
743	(i)  The Agency for Workforce Innovation shall coordinate
744	the efforts toward school readiness in this state and provide
745	independent policy analyses, data analyses, and recommendations
746	to the Governor, the State Board of Education, and the
747	Legislature.
748	(j)  The Agency for Workforce Innovation shall require that
749	each early learning coalition's school readiness programs
750	program must, at a minimum, enhance the age-appropriate progress
751	of each child in attaining the performance standards adopted
752	under subparagraph (d)8. and in the development of the following
753	school readiness skills:
754	1.  Compliance with rules, limitations, and routines.
755	2.  Ability to perform tasks.
756	3.  Interactions with adults.
757	4.  Interactions with peers.
758	5.  Ability to cope with challenges.
759	6.  Self-help skills.
760	7.  Ability to express the child's needs.
761	8.  Verbal communication skills.
762	9.  Problem-solving skills.
763	10.  Following of verbal directions.
764	11.  Demonstration of curiosity, persistence, and
765	exploratory behavior.
766	12.  Interest in books and other printed materials.
767	13.  Paying attention to stories.
768	14.  Participation in art and music activities.
769	15.  Ability to identify colors, geometric shapes, letters
770	of the alphabet, numbers, and spatial and temporal
771	relationships.
772
773	Within 30 days after enrollment The Agency for Workforce
774	Innovation shall also require that, before a child is enrolled
775	in the an early learning coalition's school readiness program,
776	the early learning coalition must ensure that the program
777	provider obtains information is obtained by the coalition or the
778	school readiness provider regarding the child's immunizations,
779	physical development, and other health requirements as
780	necessary, including appropriate vision and hearing screening
781	and examinations. For a program provider licensed by the
782	Department of Children and Family Services, the provider's
783	compliance with s. 402.305(9), as verified pursuant to s.
784	402.311, shall satisfy this requirement.
785	(k)  The Agency for Workforce Innovation shall conduct
786	studies and planning activities related to the overall
787	improvement and effectiveness of the outcome measures adopted by
788	the agency for school readiness programs and the specific system
789	support service strategies to address the state's school
790	readiness programs adopted by the Agency for Workforce
791	Innovation in accordance with subparagraph (d)3.
792	(l)  The Agency for Workforce Innovation shall monitor and
793	evaluate the performance of each early learning coalition in
794	administering the school readiness program, implementing the
795	coalition's school readiness plan, and administering the
796	Voluntary Prekindergarten Education Program. These monitoring
797	and performance evaluations must include, at a minimum, onsite
798	monitoring of each coalition's finances, management, operations,
799	and programs.
800	(m)  The Agency for Workforce Innovation shall identify
801	best practices of early learning coalitions in order to improve
802	the outcomes of school readiness programs.
803	(m)(n)  The Agency for Workforce Innovation shall submit an
804	annual report of its activities conducted under this section to
805	the Governor, the executive director of the Florida Healthy Kids
806	Corporation, the President of the Senate, the Speaker of the
807	House of Representatives, and the minority leaders of both
808	houses of the Legislature. In addition, the Agency for Workforce
809	Innovation's reports and recommendations shall be made available
810	to the State Board of Education, the Florida Early Learning
811	Advisory Council and, other appropriate state agencies and
812	entities, district school boards, central agencies, and county
813	health departments. The annual report must provide an analysis
814	of school readiness activities across the state, including the
815	number of children who were served in the programs.
816	(n)(o)  The Agency for Workforce Innovation shall work with
817	the early learning coalitions to ensure availability of training
818	and support for parental increase parents' training for and
819	involvement in their children's early preschool education and to
820	provide family literacy activities and services programs.
821	(5)  CREATION OF EARLY LEARNING COALITIONS.-
822	(a)  Early learning coalitions.-
823	1.  Each early learning coalition shall maintain direct
824	enhancement services at the local level and ensure access to
825	such services in each county.
826	2.1.  The Agency for Workforce Innovation shall establish
827	the minimum number of children to be served by each early
828	learning coalition through the coalition's school readiness
829	program. The Agency for Workforce Innovation may only approve
830	school readiness plans in accordance with this minimum number.
831	The minimum number must be uniform for every early learning
832	coalition and must:
833	a.  Permit 31 30 or fewer coalitions to be established; and
834	b.  Require each coalition to serve at least 2,000 children
835	based upon the average number of all children served per month
836	through the coalition's school readiness program during the
837	previous 12 months.
838
839	The Agency for Workforce Innovation shall adopt procedures for
840	merging early learning coalitions, including procedures for the
841	consolidation of merging coalitions, and for the early
842	termination of the terms of coalition members which are
843	necessary to accomplish the mergers. Each early learning
844	coalition must comply with the merger procedures and shall be
845	organized in accordance with this subparagraph by April 1, 2005.
846	By June 30, 2005, each coalition must complete the transfer of
847	powers, duties, functions, rules, records, personnel, property,
848	and unexpended balances of appropriations, allocations, and
849	other funds to the successor coalition, if applicable.
850	3.2.  If an early learning coalition would serve fewer
851	children than the minimum number established under subparagraph
852	2. 1., the coalition must merge with another county to form a
853	multicounty coalition. The Agency for Workforce Innovation shall
854	adopt procedures for merging early learning coalitions,
855	including procedures for the consolidation of merging
856	coalitions, and for the early termination of the terms of
857	coalition members which are necessary to accomplish the mergers.
858	However, the Agency for Workforce Innovation shall grant a
859	waiver to may authorize an early learning coalition to serve
860	fewer children than the minimum number established under
861	subparagraph 1., if:
862	a.  The coalition demonstrates to the Agency for Workforce
863	Innovation that merging with another county or multicounty
864	region contiguous to the coalition would cause an extreme
865	hardship on the coalition;
866	a.b.  The Agency for Workforce Innovation has determined
867	during the most recent annual review of the coalition's school
868	readiness plan, or through monitoring and performance
869	evaluations conducted under paragraph (4)(l), that the coalition
870	has substantially implemented its plan and substantially met the
871	performance standards and outcome measures adopted by the
872	agency; and
873	b.c.  The coalition demonstrates to the Agency for
874	Workforce Innovation the coalition's ability to effectively and
875	efficiently implement the Voluntary Prekindergarten Education
876	Program.
877	c.  The coalition demonstrates to the Agency for Workforce
878	Innovation that the coalition can perform its duties in
879	accordance with law.
880
881	If an early learning coalition fails or refuses to merge as
882	required by this subparagraph, the Agency for Workforce
883	Innovation may dissolve the coalition and temporarily contract
884	with a qualified entity to continue school readiness and
885	prekindergarten services in the coalition's county or
886	multicounty region until the agency reestablishes the coalition
887	and a new is reestablished through resubmission of a school
888	readiness plan is approved and approval by the agency.
889	3.  Notwithstanding the provisions of subparagraphs 1. and
890	2., the early learning coalitions in Sarasota, Osceola, and
891	Santa Rosa Counties which were in operation on January 1, 2005,
892	are established and authorized to continue operation as
893	independent coalitions, and shall not be counted within the
894	limit of 30 coalitions established in subparagraph 1.
895	4.  Each early learning coalition shall be composed of at
896	least 15 18 members but not more than 30 35 members. The Agency
897	for Workforce Innovation shall adopt standards establishing
898	within this range the minimum and maximum number of members that
899	may be appointed to an early learning coalition and procedures
900	for identifying which members have voting privileges under
901	subparagraph 6. These standards must include variations for a
902	coalition serving a multicounty region. Each early learning
903	coalition must comply with these standards.
904	5.  The Governor shall appoint the chair and two other
905	members of each early learning coalition, who must each meet the
906	same qualifications as private sector business members appointed
907	by the coalition under subparagraph 7.
908	6.  Each early learning coalition must include the
909	following member positions; however, in a multicounty coalition,
910	each ex officio member position may be filled by multiple
911	nonvoting members but no more than one voting member shall be
912	seated per member position. If an early learning coalition has
913	more than one member representing the same entity, only one of
914	such members may serve as a voting member members:
915	a.  A Department of Children and Family Services circuit
916	district administrator or his or her designee who is authorized
917	to make decisions on behalf of the department.
918	b.  A district superintendent of schools or his or her
919	designee who is authorized to make decisions on behalf of the
920	district, who shall be a nonvoting member.
921	c.  A regional workforce board executive director or his or
922	her designee.
923	d.  A county health department director or his or her
924	designee.
925	e.  A children's services council or juvenile welfare board
926	chair or executive director, if applicable, who shall be a
927	nonvoting member if the council or board is the fiscal agent of
928	the coalition or if the council or board contracts with and
929	receives funds from the coalition for any purpose other than
930	rent.
931	f.  An agency head of a local licensing agency as defined
932	in s. 402.302, where applicable.
933	g.  A president of a community college or his or her
934	designee.
935	h.  One member appointed by a board of county commissioners
936	or the governing board of a municipality.
937	i.  A central agency administrator, where applicable, who
938	shall be a nonvoting member.
939	i.j.  A Head Start director, who shall be a nonvoting
940	member.
941	j.k.  A representative of private for-profit child care
942	providers, including private for-profit family day care homes,
943	who shall be a nonvoting member.
944	k.l.  A representative of faith-based child care providers,
945	who shall be a nonvoting member.
946	l.m.  A representative of programs for children with
947	disabilities under the federal Individuals with Disabilities
948	Education Act, who shall be a nonvoting member.
949	7.  Including the members appointed by the Governor under
950	subparagraph 5., more than one-third of the members of each
951	early learning coalition must be private sector business members
952	who do not have, and none of whose relatives as defined in s.
953	112.3143 has, a substantial financial interest in the design or
954	delivery of the Voluntary Prekindergarten Education Program
955	created under part V of chapter 1002 or the coalition's school
956	readiness program. To meet this requirement an early learning
957	coalition must appoint additional members from a list of
958	nominees submitted to the coalition by a chamber of commerce or
959	economic development council within the geographic region served
960	by the coalition. The Agency for Workforce Innovation shall
961	establish criteria for appointing private sector business
962	members. These criteria must include standards for determining
963	whether a member or relative has a substantial financial
964	interest in the design or delivery of the Voluntary
965	Prekindergarten Education Program or the coalition's school
966	readiness program.
967	8.  A majority of the voting membership of an early
968	learning coalition constitutes a quorum required to conduct the
969	business of the coalition. An early learning coalition board may
970	use any method of telecommunications to conduct meetings,
971	including establishing a quorum through telecommunications,
972	provided that the public is given proper notice of a
973	telecommunications meeting and reasonable access to observe and,
974	when appropriate, participate.
975	9.  A voting member of an early learning coalition may not
976	appoint a designee to act in his or her place, except as
977	otherwise provided in this paragraph. A voting member may send a
978	representative to coalition meetings, but that representative
979	does not have voting privileges. When a district administrator
980	for the Department of Children and Family Services appoints a
981	designee to an early learning coalition, the designee is the
982	voting member of the coalition, and any individual attending in
983	the designee's place, including the district administrator, does
984	not have voting privileges.
985	10.  Each member of an early learning coalition is subject
986	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
987	112.3143(3)(a), each voting member is a local public officer who
988	must abstain from voting when a voting conflict exists.
989	11.  For purposes of tort liability, each member or
990	employee of an early learning coalition shall be governed by s.
991	768.28.
992	12.  An early learning coalition serving a multicounty
993	region must include representation from each county.
994	13.  Each early learning coalition shall establish terms
995	for all appointed members of the coalition. The terms must be
996	staggered and must be a uniform length that does not exceed 4
997	years per term. Coalition chairs shall be appointed for 4 years
998	in conjunction with their membership on the Early Learning
999	Advisory Council under s. 20.052. Appointed members may serve a
1000	maximum of two consecutive terms. When a vacancy occurs in an
1001	appointed position, the coalition must advertise the vacancy.
1002	(b)  Limitation.-Except as provided by law, the early
1003	learning coalitions may not impose requirements on a child care
1004	or early childhood education provider that does not deliver
1005	services under the school readiness programs or receive state,
1006	federal, required maintenance of effort, or matching funds under
1007	this section.
1008	(b)  Program participation.-The school readiness program
1009	shall be established for children from birth to the beginning of
1010	the school year for which a child is eligible for admission to
1011	kindergarten in a public school under s. 1003.21(1)(a)2. The
1012	program shall be administered by the early learning coalition.
1013	Within funding limitations, the early learning coalition, along
1014	with all providers, shall make reasonable efforts to accommodate
1015	the needs of children for extended-day and extended-year
1016	services without compromising the quality of the program.
1017	(c)  Program expectations.-
1018	1.  The school readiness program must meet the following
1019	expectations:
1020	a.  The program must, at a minimum, enhance the age-
1021	appropriate progress of each child in attaining the development
1022	of the school readiness skills required under paragraph (4)(j),
1023	as measured by the performance standards and outcome measures
1024	adopted by the Agency for Workforce Innovation.
1025	b.  The program must provide extended-day and extended-year
1026	services to the maximum extent possible without compromising the
1027	quality of the program to meet the needs of parents who work.
1028	c.  The program There must provide a be coordinated
1029	professional staff development system that supports the
1030	achievement and maintenance of core competencies by school
1031	readiness instructors in helping children attain the performance
1032	standards and outcome measures adopted by the Agency for
1033	Workforce Innovation and teaching opportunities.
1034	d.  There must be expanded access to community services and
1035	resources for families to help achieve economic self-
1036	sufficiency.
1037	e.  There must be a single point of entry and unified
1038	waiting list. As used in this sub-subparagraph, the term "single
1039	point of entry" means an integrated information system that
1040	allows a parent to enroll his or her child in the school
1041	readiness program at various locations throughout a the county
1042	or multicounty region served by an early learning coalition,
1043	that may allow a parent to enroll his or her child by telephone
1044	or through an Internet website, and that uses a unified waiting
1045	list to track eligible children waiting for enrollment in the
1046	school readiness program. The Agency for Workforce Innovation
1047	shall establish through technology a single statewide
1048	information system that each coalition must use for the purposes
1049	of managing the integrates each early learning coalition's
1050	single point of entry, tracking children's progress,
1051	coordinating services among stakeholders, determining
1052	eligibility, tracking child attendance, and streamlining
1053	administrative processes for providers and early learning
1054	coalitions and each coalition must use the statewide system.
1055	f.  The Agency for Workforce Innovation must consider the
1056	access of eligible children to the school readiness program, as
1057	demonstrated in part by waiting lists, before approving a
1058	proposed increase in payment rates submitted by an early
1059	learning coalition. In addition, early learning coalitions shall
1060	use school readiness funds made available due to enrollment
1061	shifts from school readiness programs to the Voluntary
1062	Prekindergarten Education Program for increasing the number of
1063	children served in school readiness programs before increasing
1064	payment rates.
1065	g.  There must be a community plan to address the needs of
1066	all eligible children.
1067	g.h.  The program must meet all state licensing guidelines,
1068	where applicable.
1069	h.  The program must ensure that minimum standards for
1070	child discipline practices are age-appropriate. Such standards
1071	must provide that children not be subjected to discipline that
1072	is severe, humiliating, or frightening or discipline that is
1073	associated with food, rest, or toileting. Spanking or any other
1074	form of physical punishment is prohibited.
1075	2.  Each The early learning coalition must implement a
1076	comprehensive program of school readiness services in accordance
1077	with the rules adopted by the agency which that enhance the
1078	cognitive, social, and physical development of children to
1079	achieve the performance standards and outcome measures adopted
1080	by the agency for Workforce Innovation. At a minimum, these
1081	programs must contain the following system support service
1082	elements:
1083	a.  Developmentally appropriate curriculum designed to
1084	enhance the age-appropriate progress of children in attaining
1085	the performance standards adopted by the Agency for Workforce
1086	Innovation under subparagraph (4)(d)8.
1087	b.  A character development program to develop basic
1088	values.
1089	c.  An age-appropriate screening assessment of each child's
1090	development.
1091	d.  An age-appropriate assessment A pretest administered to
1092	children when they enter a program and an age-appropriate
1093	assessment a posttest administered to children when they leave
1094	the program.
1095	e.  An appropriate staff-to-children ratio, pursuant to s.
1096	402.305(4) or s. 402.302(7) or (8), as applicable, and as
1097	verified pursuant to s. 402.311.
1098	f.  A healthy and safe environment pursuant to s.
1099	401.305(5), (6), and (7), as applicable, and as verified
1100	pursuant to s. 402.311.
1101	g.  A resource and referral network established under s.
1102	411.0101 to assist parents in making an informed choice and a
1103	regional Warm-Line under s. 411.01015.
1104
1105	The Agency for Workforce Innovation, the Department of
1106	Education, and early learning coalitions shall coordinate with
1107	the Child Care Services Program Office of the Department of
1108	Children and Family Services to minimize duplicating interagency
1109	activities pertaining to acquiring and composing data for child
1110	care training and credentialing.
1111	(d)  Implementation.-
1112	1.  An early learning coalition may not implement the
1113	school readiness program until the coalition is authorized
1114	through approval of the coalition's school readiness plan by the
1115	Agency for Workforce Innovation.
1116	2.  Each early learning coalition shall coordinate with one
1117	another to implement a comprehensive program of school readiness
1118	services which enhances the cognitive, social, physical, and
1119	moral character of the children to achieve the performance
1120	standards and outcome measures and which helps families achieve
1121	economic self-sufficiency. Such program must contain, at a
1122	minimum, the following elements: develop a plan for implementing
1123	a.  Implement the school readiness program to meet the
1124	requirements of this section and the system support services,
1125	performance standards, and outcome measures adopted by the
1126	Agency for Workforce Innovation.
1127	b.  The plan must Demonstrate how the program will ensure
1128	that each 3-year-old and 4-year-old child from birth through 5
1129	years of age in a publicly funded school readiness program
1130	receives scheduled activities and instruction designed to
1131	enhance the age-appropriate progress of the children in
1132	attaining the performance standards adopted by the Agency for
1133	Workforce Innovation under subparagraph (4)(d)8.
1134	c.  Ensure that the coalition has solicited and considered
1135	comments regarding the proposed school readiness plan from the
1136	local community.
1137
1138	Before implementing the school readiness program, the early
1139	learning coalition must submit the plan to the Agency for
1140	Workforce Innovation for approval. The Agency for Workforce
1141	Innovation may approve the plan, reject the plan, or approve the
1142	plan with conditions. The Agency for Workforce Innovation shall
1143	review school readiness plans at least every 2 years annually.
1144	3.  If the Agency for Workforce Innovation determines
1145	during the annual review of school readiness plans, or through
1146	monitoring and performance evaluations conducted under paragraph
1147	(4)(l), that an early learning coalition has not substantially
1148	implemented its plan, has not substantially met the performance
1149	standards and outcome measures adopted by the agency, or has not
1150	effectively administered the school readiness program or
1151	Voluntary Prekindergarten Education Program, the Agency for
1152	Workforce Innovation may dissolve the coalition and temporarily
1153	contract with a qualified entity to continue school readiness
1154	and prekindergarten services in the coalition's county or
1155	multicounty region until the agency reestablishes the coalition
1156	and a new the coalition is reestablished through resubmission of
1157	a school readiness plan is approved in accordance with the rules
1158	adopted and approval by the agency.
1159	4.  The Agency for Workforce Innovation shall adopt rules
1160	establishing criteria for the approval of school readiness
1161	plans. The criteria must be consistent with the system support
1162	services, performance standards, and outcome measures adopted by
1163	the agency and must require each approved plan to include the
1164	following minimum standards and provisions for the school
1165	readiness program:
1166	a.  A community plan that addresses the needs of all
1167	children and providers within the coalition's county or
1168	multicounty region.
1169	b.a.  A sliding fee scale establishing a copayment for
1170	parents based upon their ability to pay, which is the same for
1171	all program providers, to be implemented and reflected in each
1172	program's budget.
1173	c.b.  A choice of settings and locations in licensed,
1174	registered, religious-exempt, or school-based programs to be
1175	provided to parents.
1176	c.  Instructional staff who have completed the training
1177	course as required in s. 402.305(2)(d)1., as well as staff who
1178	have additional training or credentials as required by the
1179	Agency for Workforce Innovation. The plan must provide a method
1180	for assuring the qualifications of all personnel in all program
1181	settings.
1182	d.  Specific eligibility priorities for children within the
1183	early learning coalition's county or multicounty region in
1184	accordance with subsection (6).
1185	e.  Performance standards and outcome measures adopted by
1186	the Agency for Workforce Innovation.
1187	f.  Payment rates adopted by the early learning coalitions
1188	coalition and approved by the Agency for Workforce Innovation.
1189	Payment rates may not have the effect of limiting parental
1190	choice or creating standards or levels of services that have not
1191	been expressly established authorized by the Legislature, unless
1192	the creation of such standards or levels of service, which must
1193	be uniform throughout the state, is approved by the Federal
1194	Government and results in the state being eligible to receive
1195	additional federal funds available for early learning on a
1196	statewide basis.
1197	g.  Systems support services, including a central agency,
1198	child care resource and referral, eligibility determinations,
1199	training of providers, and parent support and involvement.
1200	g.h.  Direct enhancement services for to families and
1201	children. System support and direct enhancement services shall
1202	be in addition to payments for the placement of children in
1203	school readiness programs. Direct enhancement services for
1204	families may include parent training and involvement activities
1205	and strategies to meet the needs of unique populations and local
1206	eligibility priorities. Enhancement services for children may
1207	include provider supports and professional development approved
1208	in the plan by the Agency for Workforce Innovation.
1209	h.i.  The business organization of the early learning
1210	coalition, which must include the coalition's articles of
1211	incorporation and bylaws if the coalition is organized as a
1212	corporation. If the coalition is not organized as a corporation
1213	or other business entity, the plan must include the contract
1214	with a fiscal agent. An early learning coalition may contract
1215	with other coalitions to achieve efficiency in multicounty
1216	services, and these contracts may be part of the coalition's
1217	school readiness plan.
1218	i.  The implementation of locally developed quality
1219	programs in accordance with the requirements adopted by the
1220	agency under subparagraph (4)(d)5.
1221	j.  Strategies to meet the needs of unique populations,
1222	such as migrant workers.
1223
1224	As part of the school readiness plan, The Agency for Workforce
1225	Innovation early learning coalition may request the Governor to
1226	apply for a waiver to allow the coalition to administer the Head
1227	Start Program to accomplish the purposes of the school readiness
1228	program. If a school readiness plan demonstrates that specific
1229	statutory goals can be achieved more effectively by using
1230	procedures that require modification of existing rules,
1231	policies, or procedures, a request for a waiver to the Agency
1232	for Workforce Innovation may be submitted as part of the plan.
1233	Upon review, the Agency for Workforce Innovation may grant the
1234	proposed modification.
1235	5.  Persons with an early childhood teaching certificate
1236	may provide support and supervision to other staff in the school
1237	readiness program.
1238	6.  An early learning coalition may not implement its
1239	school readiness plan until it submits the plan to and receives
1240	approval from the Agency for Workforce Innovation. Once the plan
1241	is approved, the plan and the services provided under the plan
1242	shall be controlled by the early learning coalition. The plan
1243	shall be reviewed and revised as necessary, but at least
1244	biennially. An early learning coalition may not implement the
1245	revisions until the coalition submits the revised plan to and
1246	receives approval from the Agency for Workforce Innovation. If
1247	the Agency for Workforce Innovation rejects a revised plan, the
1248	coalition must continue to operate under its prior approved
1249	plan.
1250	7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
1251	apply to an early learning coalition with an approved school
1252	readiness programs plan. The Agency for Workforce Innovation To
1253	facilitate innovative practices and to allow the regional
1254	establishment of school readiness programs, an early learning
1255	coalition may apply to the Governor and Cabinet for a waiver of,
1256	and the Governor and Cabinet may waive, any of the provisions of
1257	ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
1258	for implementation of the coalition's school readiness programs
1259	plan.
1260	8.  Two or more early learning coalitions counties may join
1261	for purposes of planning and implementing a school readiness
1262	program.
1263	9.  An early learning coalition may, subject to approval by
1264	The Agency for Workforce Innovation as part of the coalition's
1265	school readiness plan, receive subsidized child care funds for
1266	all children eligible for any federal subsidized child care
1267	program.
1268	10.  An early learning coalition may enter into multiparty
1269	contracts with multicounty service providers in order to meet
1270	the needs of unique populations such as migrant workers.
1271	(e)  Requests for proposals; payment schedule.-
1272	1.  Each early learning coalition must comply with the
1273	procurement and expenditure procedures adopted by the Agency for
1274	Workforce Innovation, including, but not limited to, applying
1275	the procurement and expenditure procedures required by federal
1276	law for the expenditure of federal funds s. 287.057 for the
1277	procurement of commodities or contractual services from the
1278	funds described in paragraph (9)(d). The period of a contract
1279	for purchase of these commodities or contractual services,
1280	together with any renewal of the original contract, may not
1281	exceed 3 years.
1282	2.  Each early learning coalition shall adopt a payment
1283	schedule that encompasses all programs funded by the coalition
1284	under this section. The payment schedule must take into
1285	consideration the prevailing relevant market rate, must include
1286	the projected number of children to be served, and must be
1287	submitted for approval by the Agency for Workforce Innovation.
1288	Informal child care arrangements shall be reimbursed at not more
1289	than 50 percent of the rate adopted developed for a family day
1290	care home.
1291	(f)  Requirements relating to fiscal agents.-If an early
1292	learning coalition is not legally organized as a corporation or
1293	other business entity, the coalition must designate a fiscal
1294	agent, which may be a public entity, a private nonprofit
1295	organization, or a certified public accountant who holds a
1296	license under chapter 473. The fiscal agent must provide
1297	financial and administrative services under a contract with the
1298	early learning coalition. The fiscal agent may not provide
1299	direct early childhood education or child care services;
1300	however, a fiscal agent may provide those services upon written
1301	request of the early learning coalition to the Agency for
1302	Workforce Innovation and upon the approval of the request by the
1303	agency. The cost of the financial and administrative services
1304	shall be negotiated between the fiscal agent and the early
1305	learning coalition. If the fiscal agent is a provider of early
1306	childhood education and child care programs, the contract must
1307	specify that the fiscal agent shall act on policy direction from
1308	the early learning coalition and must not receive policy
1309	direction from its own corporate board regarding disbursal of
1310	the coalition's funds. The fiscal agent shall disburse funds in
1311	accordance with the early learning coalition's approved school
1312	readiness plan and based on billing and disbursement procedures
1313	approved by the Agency for Workforce Innovation. The fiscal
1314	agent must conform to all data-reporting requirements
1315	established by the Agency for Workforce Innovation.
1316	(f)(g)  Evaluation and annual report.-Each early learning
1317	coalition shall conduct an evaluation of its implementation the
1318	effectiveness of the school readiness program, including system
1319	support services, performance standards, and outcome measures,
1320	and shall provide an annual report and fiscal statement to the
1321	Agency for Workforce Innovation. This report must also include
1322	an evaluation of the effectiveness of its direct enhancement
1323	services and conform to the content and format specifications
1324	adopted set by the Agency for Workforce Innovation. The Agency
1325	for Workforce Innovation must include an analysis of the early
1326	learning coalitions' reports in the agency's annual report.
1327	(6)  PROGRAM ELIGIBILITY.-The Each early learning
1328	coalition's school readiness program is shall be established for
1329	children from birth to the beginning of the school year for
1330	which a child is eligible for admission to kindergarten in a
1331	public school under s. 1003.21(1)(a)2. or who are eligible for
1332	any federal subsidized child care program. Each early learning
1333	coalition shall give priority for participation in the school
1334	readiness program as follows:
1335	(a)  Priority shall be given first to a child from a family
1336	in which there is an adult receiving temporary cash assistance
1337	who is subject to federal work requirements.
1338	(b)  Priority shall be given next to a child who is
1339	eligible for a school readiness program but who has not yet
1340	entered children age 3 years to school, entry who is are served
1341	by the Family Safety Program Office of the Department of
1342	Children and Family Services or a community-based lead agency
1343	under chapter 39 or chapter 409, and for whom child care is
1344	needed to minimize risk of further abuse, neglect, or
1345	abandonment.
1346	(c)  Subsequent priority shall be given to a child Other
1347	eligible populations include children who meets meet one or more
1348	of the following criteria:
1349	1.(a)  A child who is younger than Children under the age
1350	of kindergarten eligibility and who are:
1351	1.  Children determined to be at risk of abuse, neglect, or
1352	exploitation who are currently clients of the Family Safety
1353	Program Office of the Department of Children and Family
1354	Services, but who are not otherwise given priority under this
1355	subsection.
1356	a.2.  Is Children at risk of welfare dependency, including
1357	an economically disadvantaged child children, a child children
1358	of a participant participants in the welfare transition program,
1359	a child of a migratory agricultural worker children of migrant
1360	farmworkers, or a child and children of a teen parent parents.
1361	b.3.  Is a member Children of a working family that is
1362	economically disadvantaged families whose family income does not
1363	exceed 150 percent of the federal poverty level.
1364	c.4.  Children For whom financial assistance is provided
1365	through the state is paying a Relative Caregiver Program payment
1366	under s. 39.5085.
1367	2.(b)  A 3-year-old child or Three-year-old children and 4-
1368	year-old child children who may not be economically
1369	disadvantaged but who has a disability; has have disabilities,
1370	have been served in a specific part-time exceptional education
1371	program or a combination of part-time exceptional education
1372	programs with required special services, aids, or equipment;,
1373	and was were previously reported for funding part
1374	with the Florida Education Finance Program as an exceptional
1375	student students.
1376	3.(c)  An economically disadvantaged child children, a
1377	child children with a disability disabilities, or a child and
1378	children at risk of future school failure, from birth to 4 years
1379	of age, who is are served at home through a home visitor program
1380	programs and an intensive parent education program programs.
1381	4.(d)  A child Children who meets meet federal and state
1382	eligibility requirements for the migrant preschool program but
1383	who is do not meet the criteria of economically disadvantaged.
1384
1385	As used in this paragraph subsection, the term "economically
1386	disadvantaged" child means having a child whose family income
1387	that does not exceed 150 percent of the federal poverty level.
1388	Notwithstanding any change in a family's economic status, but
1389	subject to additional family contributions in accordance with
1390	the sliding fee scale, a child who meets the eligibility
1391	requirements upon initial registration for the program remains
1392	eligible until the beginning of the school year for which the
1393	child is eligible for admission to kindergarten in a public
1394	school under s. 1003.21(1)(a)2.
1395	(7)  PARENTAL CHOICE.-
1396	(a)  Parental choice of child care providers shall be
1397	established, to the maximum extent practicable, in accordance
1398	with 45 C.F.R. s. 98.30.
1399	(b)  As used in this subsection, the term "payment
1400	certificate" means a child care certificate as defined in 45
1401	C.F.R. s. 98.2.
1402	(c)  The school readiness program shall, in accordance with
1403	45 C.F.R. s. 98.30, provide parental choice through a payment
1404	certificate purchase service order that ensures, to the maximum
1405	extent possible, flexibility in the school readiness program
1406	programs and payment arrangements. According to federal
1407	regulations requiring parental choice, a parent may choose an
1408	informal child care arrangement. The payment certificate
1409	purchase order must bear the names name of the beneficiary and
1410	the program provider and, when redeemed, must bear the
1411	signatures signature of both the beneficiary and an authorized
1412	representative of the provider.
1413	(d)(b)  If it is determined that a provider has given
1414	provided any cash to the beneficiary in return for receiving a
1415	payment certificate the purchase order, the early learning
1416	coalition or its fiscal agent shall refer the matter to the
1417	Division of Public Assistance Fraud for investigation.
1418	(e)(c)  The office of the Chief Financial Officer shall
1419	establish an electronic transfer system for the disbursement of
1420	funds in accordance with this subsection. Each early learning
1421	coalition shall fully implement the electronic funds transfer
1422	system within 2 years after approval of the coalition's school
1423	readiness plan, unless a waiver is obtained from the Agency for
1424	Workforce Innovation.
1425	(8)  STANDARDS; OUTCOME MEASURES.-A program provider
1426	participating in the All school readiness program programs must
1427	meet the performance standards and outcome measures adopted by
1428	the Agency for Workforce Innovation.
1429	(9)  FUNDING; SCHOOL READINESS PROGRAM.-
1430	(a)  It is the intent of this section to establish an
1431	integrated and quality seamless service delivery system for all
1432	publicly funded early childhood education and child care
1433	programs operating in this state.
1434	(b)1.  The Agency for Workforce Innovation shall administer
1435	school readiness funds, plans, and policies and shall prepare
1436	and submit a unified budget request for the school readiness
1437	system in accordance with chapter 216.
1438	2.  All instructions to early learning coalitions for
1439	administering this section shall emanate from the Agency for
1440	Workforce Innovation in accordance with the policies of the
1441	Legislature.
1442	(c)  The Agency for Workforce Innovation, subject to
1443	legislative notice and review under s. 216.177, shall establish
1444	recommend a formula for the allocation among the early learning
1445	coalitions of all state and federal school readiness funds
1446	provided for children participating in the public or private
1447	school readiness program, whether served by a public or private
1448	provider, programs based upon equity for each county and
1449	performance. The allocation formula must be submitted to the
1450	Governor, the chair of the Senate Ways and Means Committee or
1451	its successor, and the chair of the House of Representatives
1452	Fiscal Council or its successor no later than January 1 of each
1453	year. If the Legislature specifies shall specify in the annual
1454	General Appropriations Act any changes to from the allocation
1455	formula, methodology for the prior fiscal year which must be
1456	used by the Agency for Workforce Innovation shall allocate funds
1457	as specified in allocating the appropriations provided in the
1458	General Appropriations Act.
1459	(d)  All state, federal, and required local maintenance-of-
1460	effort, or matching funds provided to an early learning
1461	coalition for purposes of this section shall be used by the
1462	coalition for implementation of its approved school readiness
1463	plan, including the hiring of staff to effectively operate the
1464	coalition's school readiness program. As part of plan approval
1465	and periodic plan review, The Agency for Workforce Innovation
1466	shall require that administrative costs be kept to the minimum
1467	necessary for efficient and effective administration of the
1468	school readiness plan, but total administrative expenditures
1469	must not exceed 5 percent unless specifically waived by the
1470	Agency for Workforce Innovation. The Agency for Workforce
1471	Innovation shall annually report to the Legislature any problems
1472	relating to administrative costs.
1473	(e)  The Agency for Workforce Innovation shall annually
1474	distribute, to a maximum extent practicable, all eligible funds
1475	provided under this section as block grants to the early
1476	learning coalitions in accordance with the terms and conditions
1477	specified by the agency.
1478	(f)  State funds appropriated for the school readiness
1479	program may not be used for the construction of new facilities
1480	or the purchase of buses. The Agency for Workforce Innovation
1481	shall present to the Legislature recommendations for providing
1482	necessary transportation services for school readiness programs.
1483	(g)  All cost savings and all revenues received through a
1484	mandatory sliding fee scale shall be used to help fund each
1485	early learning coalition's school readiness program.
1486	(10)  CONFLICTING PROVISIONS.-If In the event of a conflict
1487	exists between this section and federal requirements, the
1488	federal requirements shall control.
1489	(11)  PLACEMENTS.-Notwithstanding any other provision of
1490	this section to the contrary, the first children to be placed in
1491	the school readiness program shall be those from families
1492	receiving temporary cash assistance and subject to federal work
1493	requirements. Subsequent placements shall be made in accordance
1494	with subsection (6).
1495	Section 18.  Section 411.0101, Florida Statutes, is amended
1496	to read:
1497	411.0101  Child care and early childhood resource and
1498	referral.-
1499	(1)  As a part of the school readiness programs, the Agency
1500	for Workforce Innovation shall establish a statewide child care
1501	resource and referral network that is unbiased and provides
1502	referrals to families for child care. Preference shall be given
1503	to using the already established early learning coalitions as
1504	the child care resource and referral agencies agency. If an
1505	early learning coalition cannot comply with the requirements to
1506	offer the resource information component or does not want to
1507	offer that service, the early learning coalition shall select
1508	the resource and referral information agency for its county or
1509	multicounty region based upon a request for proposal pursuant to
1510	s. 411.01(5)(e)1.
1511	(2)  At least one child care resource and referral agency
1512	must be established in each early learning coalition's county or
1513	multicounty region. The Agency for Workforce Innovation shall
1514	adopt rules regarding accessibility of child care resource and
1515	referral services offered through child care resource and
1516	referral agencies in each county or multicounty region which
1517	include, at a minimum, required hours of operation, methods by
1518	which parents may request services, and child care resource and
1519	referral staff training requirements.
1520	(3)  Child care resource and referral agencies shall
1521	provide the following services:
1522	(a)(1)  Identification of existing public and private child
1523	care and early childhood education services, including child
1524	care services by public and private employers, and the
1525	development of a resource file of those services through the
1526	single statewide information system developed by the Agency for
1527	Workforce Innovation under s. 411.01(5)(c)1.e. These services
1528	may include family day care, public and private child care
1529	programs, the Voluntary Prekindergarten Education Program, Head
1530	Start, the school readiness program prekindergarten early
1531	intervention programs, special education programs for
1532	prekindergarten handicapped children with disabilities, services
1533	for children with developmental disabilities, full-time and
1534	part-time programs, before-school and after-school programs,
1535	vacation care programs, parent education, the WAGES Program, and
1536	related family support services. The resource file shall
1537	include, but not be limited to:
1538	1.(a)  Type of program.
1539	2.(b)  Hours of service.
1540	3.(c)  Ages of children served.
1541	4.(d)  Number of children served.
1542	5.(e)  Significant program information.
1543	6.(f)  Fees and eligibility for services.
1544	7.(g)  Availability of transportation.
1545	(b)(2)  The establishment of a referral process that which
1546	responds to parental need for information and that which is
1547	provided with full recognition of the confidentiality rights of
1548	parents. The resource and referral network programs shall make
1549	referrals to legally operating licensed child care facilities.
1550	Referrals may not shall be made to a an unlicensed child care
1551	facility that is operating illegally or arrangement only if
1552	there is no requirement that the facility or arrangement be
1553	licensed.
1554	(c)(3)  Maintenance of ongoing documentation of requests
1555	for service tabulated through the internal referral process
1556	through the single statewide information system. The following
1557	documentation of requests for service shall be maintained by the
1558	all child care resource and referral network agencies:
1559	1.(a)  Number of calls and contacts to the child care
1560	resource information and referral network agency component by
1561	type of service requested.
1562	2.(b)  Ages of children for whom service was requested.
1563	3.(c)  Time category of child care requests for each child.
1564	4.(d)  Special time category, such as nights, weekends, and
1565	swing shift.
1566	5.(e)  Reason that the child care is needed.
1567	6.(f)  Name of the employer and primary focus of the
1568	business.
1569	(d)(4)  Provision of technical assistance to existing and
1570	potential providers of child care services. This assistance may
1571	include:
1572	1.(a)  Information on initiating new child care services,
1573	zoning, and program and budget development and assistance in
1574	finding such information from other sources.
1575	2.(b)  Information and resources which help existing child
1576	care services providers to maximize their ability to serve
1577	children and parents in their community.
1578	3.(c)  Information and incentives that may which could help
1579	existing or planned child care services offered by public or
1580	private employers seeking to maximize their ability to serve the
1581	children of their working parent employees in their community,
1582	through contractual or other funding arrangements with
1583	businesses.
1584	(e)(5)  Assistance to families and employers in applying
1585	for various sources of subsidy including, but not limited to,
1586	the Voluntary Prekindergarten Education Program, the school
1587	readiness program subsidized child care, Head Start,
1588	prekindergarten early intervention programs, Project
1589	Independence, private scholarships, and the federal child and
1590	dependent care tax credit.
1591	(6)  Assistance to state agencies in determining the market
1592	rate for child care.
1593	(f)(7)  Assistance in negotiating discounts or other
1594	special arrangements with child care providers.
1595	(8)  Information and assistance to local interagency
1596	councils coordinating services for prekindergarten handicapped
1597	children.
1598	(g)(9)  Assistance to families in identifying summer
1599	recreation camp and summer day camp programs, and in evaluating
1600	the health and safety qualities of summer recreation camp and
1601	summer day camp programs, and in evaluating the health and
1602	safety qualities of summer camp programs. Contingent upon
1603	specific appropriation, a checklist of important health and
1604	safety qualities that parents can use to choose their summer
1605	camp programs shall be developed and distributed in a manner
1606	that will reach parents interested in such programs for their
1607	children.
1608	(h)(10)  A child care facility licensed under s. 402.305
1609	and licensed and registered family day care homes must provide
1610	the statewide child care and resource and referral network
1611	agencies with the following information annually:
1612	1.(a)  Type of program.
1613	2.(b)  Hours of service.
1614	3.(c)  Ages of children served.
1615	4.(d)  Fees and eligibility for services.
1616	(4)(11)  The Agency for Workforce Innovation shall adopt
1617	any rules necessary for the implementation and administration of
1618	this section.
1619	Section 19.  Subsection (3), paragraph (b) of subsection
1620	(4), and paragraphs (c) and (d) of subsection (5) of section
1621	411.0102, Florida Statutes, are amended to read:
1622	411.0102  Child Care Executive Partnership Act; findings
1623	and intent; grant; limitation; rules.-
1624	(3)  There is created a body politic and corporate known as
1625	the Child Care Executive Partnership which shall establish and
1626	govern the Child Care Executive Partnership Program. The purpose
1627	of the Child Care Executive Partnership Program is to utilize
1628	state and federal funds as incentives for matching local funds
1629	derived from local governments, employers, charitable
1630	foundations, and other sources, so that Florida communities may
1631	create local flexible partnerships with employers. The Child
1632	Care Executive Partnership Program funds shall be used at the
1633	discretion of local communities to meet the needs of working
1634	parents. A child care purchasing pool shall be developed with
1635	the state, federal, and local funds to provide subsidies to low-
1636	income working parents whose family income does not exceed the
1637	allowable income for any federally subsidized child care program
1638	who are eligible for subsidized child care with a dollar-for-
1639	dollar match from employers, local government, and other
1640	matching contributions. The funds used from the child care
1641	purchasing pool must be used to supplement or extend the use of
1642	existing public or private funds.
1643	(4)  The Child Care Executive Partnership, staffed by the
1644	Agency for Workforce Innovation, shall consist of a
1645	representative of the Executive Office of the Governor and nine
1646	members of the corporate or child care community, appointed by
1647	the Governor.
1648	(b)  The Child Care Executive Partnership shall be chaired
1649	by a member chosen by a majority vote and shall meet at least
1650	quarterly and at other times upon the call of the chair. The
1651	Child Care Executive Partnership may use any method of
1652	telecommunications to conduct meetings, including establishing a
1653	quorum through telecommunications, only if the public is given
1654	proper notice of a telecommunications meeting and reasonable
1655	access to observe and, when appropriate, participate.
1656	(5)
1657	(c)  The Agency for Workforce Innovation, in conjunction
1658	with the Child Care Executive Partnership, shall develop
1659	procedures for disbursement of funds through the child care
1660	purchasing pools. In order to be considered for funding, an
1661	early learning coalition or the Agency for Workforce Innovation
1662	must commit to:
1663	1.  Matching the state purchasing pool funds on a dollar-
1664	for-dollar basis; and
1665	2.  Expending only those public funds which are matched by
1666	employers, local government, and other matching contributors who
1667	contribute to the purchasing pool. Parents shall also pay a fee,
1668	which may not shall be not less than the amount identified in
1669	the early learning coalition's school readiness program
1670	subsidized child care sliding fee scale.
1671	(d)  Each early learning coalition board shall be required
1672	to establish a community child care task force for each child
1673	care purchasing pool. The task force must be composed of
1674	employers, parents, private child care providers, and one
1675	representative from the local children's services council, if
1676	one exists in the area of the purchasing pool. The early
1677	learning coalition is expected to recruit the task force members
1678	from existing child care councils, commissions, or task forces
1679	already operating in the area of a purchasing pool. A majority
1680	of the task force shall consist of employers. Each task force
1681	shall develop a plan for the use of child care purchasing pool
1682	funds. The plan must show how many children will be served by
1683	the purchasing pool, how many will be new to receiving child
1684	care services, and how the early learning coalition intends to
1685	attract new employers and their employees to the program.
1686	Section 20.  Paragraph (b) of subsection (8) of section
1687	411.203, Florida Statutes, is amended to read:
1688	411.203  Continuum of comprehensive services.-The
1689	Department of Education and the Department of Health and
1690	Rehabilitative Services shall utilize the continuum of
1691	prevention and early assistance services for high-risk pregnant
1692	women and for high-risk and handicapped children and their
1693	families, as outlined in this section, as a basis for the
1694	intraagency and interagency program coordination, monitoring,
1695	and analysis required in this chapter. The continuum shall be
1696	the guide for the comprehensive statewide approach for services
1697	for high-risk pregnant women and for high-risk and handicapped
1698	children and their families, and may be expanded or reduced as
1699	necessary for the enhancement of those services. Expansion or
1700	reduction of the continuum shall be determined by intraagency or
1701	interagency findings and agreement, whichever is applicable.
1702	Implementation of the continuum shall be based upon applicable
1703	eligibility criteria, availability of resources, and interagency
1704	prioritization when programs impact both agencies, or upon
1705	single agency prioritization when programs impact only one
1706	agency. The continuum shall include, but not be limited to:
1707	(8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1708	OF HIGH-RISK CHILDREN.-
1709	(b)  Child care and early childhood programs, including,
1710	but not limited to, subsidized child care, licensed
1711	nonsubsidized child care facilities, family day care homes,
1712	therapeutic child care, Head Start, and preschool programs in
1713	public and private schools.
1714	Section 21.  Subsection (2) of section 411.221, Florida
1715	Statutes, is amended to read:
1716	411.221  Prevention and early assistance strategic plan;
1717	agency responsibilities.-
1718	(2)  The strategic plan and subsequent plan revisions shall
1719	incorporate and otherwise utilize, to the fullest extent
1720	possible, the evaluation findings and recommendations from
1721	intraagency, independent third-party, field projects, and
1722	reports issued by the Auditor General or the Office of Program
1723	Policy Analysis and Government Accountability, as well as the
1724	recommendations of the Agency for Workforce Innovation State
1725	Coordinating Council for School Readiness Programs.
1726	Section 22.  Paragraph (c) of subsection (4) of section
1727	445.024, Florida Statutes, is amended to read:
1728	445.024  Work requirements.-
1729	(4)  PRIORITIZATION OF WORK REQUIREMENTS.-Regional
1730	workforce boards shall require participation in work activities
1731	to the maximum extent possible, subject to federal and state
1732	funding. If funds are projected to be insufficient to allow
1733	full-time work activities by all program participants who are
1734	required to participate in work activities, regional workforce
1735	boards shall screen participants and assign priority based on
1736	the following:
1737	(c)  A participant who has access to subsidized or
1738	unsubsidized child care services may be assigned priority for
1739	work activities.
1740
1741	Regional workforce boards may limit a participant's weekly work
1742	requirement to the minimum required to meet federal work
1743	activity requirements. Regional workforce boards may develop
1744	screening and prioritization procedures based on the allocation
1745	of resources, the availability of community resources, the
1746	provision of supportive services, or the work activity needs of
1747	the service area.
1748	Section 23.  Subsection (2) of section 445.030, Florida
1749	Statutes, is amended to read:
1750	445.030  Transitional education and training.-In order to
1751	assist former recipients of temporary cash assistance who are
1752	working or actively seeking employment in continuing their
1753	training and upgrading their skills, education, or training,
1754	support services may be provided for up to 2 years after the
1755	family is no longer receiving temporary cash assistance. This
1756	section does not constitute an entitlement to transitional
1757	education and training. If funds are not sufficient to provide
1758	services under this section, the board of directors of Workforce
1759	Florida, Inc., may limit or otherwise prioritize transitional
1760	education and training.
1761	(2)  Regional workforce boards may authorize child care or
1762	other support services in addition to services provided in
1763	conjunction with employment. For example, a participant who is
1764	employed full time may receive subsidized child care services
1765	related to that employment and may also receive additional
1766	subsidized child care services in conjunction with training to
1767	upgrade the participant's skills.
1768	Section 24.  Paragraph (a) of subsection (2) of section
1769	490.014, Florida Statutes, is amended to read:
1770	490.014  Exemptions.-
1771	(2)  No person shall be required to be licensed or
1772	provisionally licensed under this chapter who:
1773	(a)  Is a salaried employee of a government agency; a
1774	developmental disability facility or program; a, mental health,
1775	alcohol, or drug abuse facility operating under chapter 393,
1776	chapter 394, or chapter 397; the statewide subsidized child care
1777	program, subsidized child care case management program, or child
1778	care resource and referral network program operating under s.
1779	411.0101 pursuant to chapter 402; a child-placing or child-
1780	caring agency licensed pursuant to chapter 409; a domestic
1781	violence center certified pursuant to chapter 39; an accredited
1782	academic institution; or a research institution, if such
1783	employee is performing duties for which he or she was trained
1784	and hired solely within the confines of such agency, facility,
1785	or institution, so long as the employee is not held out to the
1786	public as a psychologist pursuant to s. 490.012(1)(a).
1787	Section 25.  Paragraph (a) of subsection (4) of section
1788	491.014, Florida Statutes, is amended to read:
1789	491.014  Exemptions.-
1790	(4)  No person shall be required to be licensed,
1791	provisionally licensed, registered, or certified under this
1792	chapter who:
1793	(a)  Is a salaried employee of a government agency; a
1794	developmental disability facility or program; a, mental health,
1795	alcohol, or drug abuse facility operating under chapter 393,
1796	chapter 394, or chapter 397; the statewide subsidized child care
1797	program, subsidized child care case management program, or child
1798	care resource and referral network program operating under s.
1799	411.0101 pursuant to chapter 402; a child-placing or child-
1800	caring agency licensed pursuant to chapter 409; a domestic
1801	violence center certified pursuant to chapter 39; an accredited
1802	academic institution; or a research institution, if such
1803	employee is performing duties for which he or she was trained
1804	and hired solely within the confines of such agency, facility,
1805	or institution, so long as the employee is not held out to the
1806	public as a clinical social worker, mental health counselor, or
1807	marriage and family therapist.
1808	Section 26.  Subsection (5) of section 1002.53, Florida
1809	Statutes, is amended to read:
1810	1002.53  Voluntary Prekindergarten Education Program;
1811	eligibility and enrollment.-
1812	(5)  The early learning coalition shall provide each parent
1813	enrolling a child in the Voluntary Prekindergarten Education
1814	Program with a profile of every private prekindergarten provider
1815	and public school delivering the program within the coalition's
1816	county where the child is being enrolled or multicounty region.
1817	The profiles shall be provided to parents in a format prescribed
1818	by the Agency for Workforce Innovation. The profiles must
1819	include, at a minimum, the following information about each
1820	provider and school:
1821	(a)  The provider's or school's services, curriculum,
1822	instructor credentials, and instructor-to-student ratio; and
1823	(b)  The provider's or school's kindergarten readiness rate
1824	calculated in accordance with s. 1002.69, based upon the most
1825	recent available results of the statewide kindergarten
1826	screening.
1827	Section 27.  Paragraph (b) of subsection (3) of section
1828	1002.55, Florida Statutes, is amended, and subsection (5) is
1829	added to that section, to read:
1830	1002.55  School-year prekindergarten program delivered by
1831	private prekindergarten providers.-
1832	(3)  To be eligible to deliver the prekindergarten program,
1833	a private prekindergarten provider must meet each of the
1834	following requirements:
1835	(b)  The private prekindergarten provider must:
1836	1.  Be accredited by the Southern Association of Colleges
1837	and Schools, the Middle States Association of Colleges and
1838	Schools, the New England Association of Colleges and Schools,
1839	the North Central Association of Colleges and Schools, or the
1840	Western Association of Colleges and Schools, or by an
1841	accrediting association that is a member of the National Council
1842	for Private School Accreditation, the Commission on
1843	International and Trans-Regional Accreditation, or the Florida
1844	Association of Academic Nonpublic Schools, and have written
1845	accrediting accreditation standards that meet or exceed the
1846	state's licensing requirements under s. 402.305, s. 402.313, or
1847	s. 402.3131 and require at least one onsite visit to the
1848	provider or school before accreditation is granted;
1849	2.  Hold a current Gold Seal Quality Care designation under
1850	s. 402.281; or
1851	3.  Be licensed under s. 402.305, s. 402.313, or s.
1852	402.3131 and demonstrate, before delivering the Voluntary
1853	Prekindergarten Education Program, as verified by the early
1854	learning coalition, that the provider meets each of the
1855	requirements of the program under this part, including, but not
1856	limited to, the requirements for credentials and background
1857	screenings of prekindergarten instructors under paragraphs (c)
1858	and (d), minimum and maximum class sizes under paragraph (f),
1859	prekindergarten director credentials under paragraph (g), and a
1860	developmentally appropriate curriculum under s. 1002.67(2)(b).
1861	(5)  Notwithstanding paragraph (3)(b), a private
1862	prekindergarten provider may not participate in the Voluntary
1863	Prekindergarten Education Program if the provider has child
1864	disciplinary policies that do not prohibit children from being
1865	subjected to discipline that is severe, humiliating,
1866	frightening, or associated with food, rest, toileting, spanking,
1867	or any other form of physical punishment as provided in s.
1868	402.305(12).
1869	Section 28.  Paragraph (c) of subsection (3) of section
1870	1002.67, Florida Statutes, is amended to read:
1871	1002.67  Performance standards; curricula and
1872	accountability.-
1873	(3)
1874	(c)1.  If the kindergarten readiness rate of a private
1875	prekindergarten provider or public school falls below the
1876	minimum rate adopted by the State Board of Education as
1877	satisfactory under s. 1002.69(6), the early learning coalition
1878	or school district, as applicable, shall require the provider or
1879	school to submit an improvement plan for approval by the
1880	coalition or school district, as applicable, and to implement
1881	the plan.
1882	2.  If a private prekindergarten provider or public school
1883	fails to meet the minimum rate adopted by the State Board of
1884	Education as satisfactory under s. 1002.69(6) for 2 consecutive
1885	years, the early learning coalition or school district, as
1886	applicable, shall place the provider or school on probation and
1887	must require the provider or school to take certain corrective
1888	actions, including the use of a curriculum approved by the
1889	department under paragraph (2)(c).
1890	3.  A private prekindergarten provider or public school
1891	that is placed on probation must continue the corrective actions
1892	required under subparagraph 2., including the use of a
1893	curriculum approved by the department, until the provider or
1894	school meets the minimum rate adopted by the State Board of
1895	Education as satisfactory under s. 1002.69(6).
1896	4.  If a private prekindergarten provider or public school
1897	remains on probation for 2 consecutive years and fails to meet
1898	the minimum rate adopted by the State Board of Education as
1899	satisfactory under s. 1002.69(6) and is not granted a good cause
1900	exemption by the department pursuant to s. 1002.69(7), the
1901	Agency for Workforce Innovation shall require the early learning
1902	coalition or the Department of Education shall require the
1903	school district, as applicable, to remove, as applicable, the
1904	provider or school from eligibility to deliver the Voluntary
1905	Prekindergarten Education Program and receive state funds for
1906	the program.
1907	Section 29.  Subsection (7) is added to section 1002.69,
1908	Florida Statutes, to read:
1909	1002.69  Statewide kindergarten screening; kindergarten
1910	readiness rates.-
1911	(7)(a)  Notwithstanding s. 1002.67(3)(c)4., the State Board
1912	of Education, upon the request of a private prekindergarten
1913	provider or public school that remains on probation for 2
1914	consecutive years or more and subsequently fails to meet the
1915	minimum rate adopted under subsection (6) and for good cause
1916	shown, may grant to the provider or school an exemption from
1917	being determined ineligible to deliver the Voluntary
1918	Prekindergarten Education Program and receive state funds for
1919	the program. Such a good cause exemption is valid for 1 year
1920	and, upon the request of the private prekindergarten provider or
1921	public school and for good cause shown, may be renewed.
1922	(b)  A private prekindergarten provider's or public
1923	school's request for a good cause exemption, or renewal of such
1924	an exemption, must be submitted to the state board in the manner
1925	and within the timeframes prescribed by the state board and must
1926	include the following:
1927	1.  Submission of data by the private prekindergarten
1928	provider or public school that documents on a standardized
1929	assessment the achievement and progress of the children served.
1930	2.  Submission and review of data available from the
1931	respective early learning coalition or district school board,
1932	the Department of Children and Family Services, local licensing
1933	authority, or an accrediting association, as applicable,
1934	relating to the private prekindergarten provider's or public
1935	school's compliance with state and local health and safety
1936	standards.
1937	3.  Submission and review of data available to the
1938	department on the performance of the children served and the
1939	calculation of the private prekindergarten provider's or public
1940	school's kindergarten readiness rate.
1941	(c)  The State Board of Education shall adopt criteria for
1942	granting good cause exemptions. Such criteria shall include, but
1943	are not limited to:
1944	1.  Learning gains of children served in the Voluntary
1945	Prekindergarten Education Program by the private prekindergarten
1946	provider or public school.
1947	2.  Verification that the private prekindergarten provider
1948	or public school serves at least twice the statewide percentage
1949	of children with disabilities as defined in s. 1003.01(3)(a) or
1950	children identified as limited English proficient as defined in
1951	s. 1003.56.
1952	3.  Verification that local and state health and safety
1953	requirements are met.
1954	(d)  A good cause exemption may not be granted to any
1955	private prekindergarten provider that has any class I violations
1956	or two or more class II violations within the 2 years preceding
1957	the provider's or school's request for the exemption. For
1958	purposes of this paragraph, class I and class II violations have
1959	the same meaning as provided in s. 402.281(3).
1960	(e)  A private prekindergarten provider or public school
1961	granted a good cause exemption shall continue to implement its
1962	improvement plan and continue the corrective actions required
1963	under s. 1002.67(3)(c)2., including the use of a curriculum
1964	approved by the department, until the provider or school meets
1965	the minimum rate adopted under subsection (6).
1966	(f)  The State Board of Education shall notify the Agency
1967	for Workforce Innovation of any good cause exemption granted to
1968	a private prekindergarten provider under this subsection. If a
1969	good cause exemption is granted to a private prekindergarten
1970	provider who remains on probation for 2 consecutive years, the
1971	Agency for Workforce Innovation shall notify the early learning
1972	coalition of the good cause exemption and direct that the
1973	coalition, notwithstanding s. 1002.67(3)(c)4., not remove the
1974	provider either from eligibility to deliver the Voluntary
1975	Prekindergarten Education Program or to receive state funds for
1976	the program, if the provider meets all other applicable
1977	requirements of this part.
1978	Section 30.  Paragraph (b) of subsection (6) of section
1979	1002.71, Florida Statutes, is amended to read:
1980	1002.71  Funding; financial and attendance reporting.-
1981	(6)
1982	(b)1.  Each private prekindergarten provider's and district
1983	school board's attendance policy must require the parent of each
1984	student in the Voluntary Prekindergarten Education Program to
1985	verify, each month, the student's attendance on the prior
1986	month's certified student attendance.
1987	2.  The parent must submit the verification of the
1988	student's attendance to the private prekindergarten provider or
1989	public school on forms prescribed by the Agency for Workforce
1990	Innovation. The forms must include, in addition to the
1991	verification of the student's attendance, a certification, in
1992	substantially the following form, that the parent continues to
1993	choose the private prekindergarten provider or public school in
1994	accordance with s. 1002.53 and directs that payments for the
1995	program be made to the provider or school:
1996
1997	VERIFICATION OF STUDENT'S ATTENDANCE
1998	AND CERTIFICATION OF PARENTAL CHOICE
1999
2000	I, ...(Name of Parent)..., swear (or affirm) that my
2001	child,...(Name of Student)..., attended the Voluntary
2002	Prekindergarten Education Program on the days listed above and
2003	certify that I continue to choose ...(Name of Provider or
2004	School)... to deliver the program for my child and direct that
2005	program funds be paid to the provider or school for my child.
2006
2007	...(Signature of Parent)...
2008	...(Date)...
2009
2010	3.  The private prekindergarten provider or public school
2011	must keep each original signed form for at least 2 years. Each
2012	private prekindergarten provider must permit the early learning
2013	coalition, and each public school must permit the school
2014	district, to inspect the original signed forms during normal
2015	business hours. The Agency for Workforce Innovation shall adopt
2016	procedures for early learning coalitions and school districts to
2017	review the original signed forms against the certified student
2018	attendance. The review procedures shall provide for the use of
2019	selective inspection techniques, including, but not limited to,
2020	random sampling. Each early learning coalition and the school
2021	districts district must comply with the review procedures.
2022	Section 31.  Paragraph (d) is added to subsection (2) of
2023	section 1002.73, Florida Statutes, to read:
2024	1002.73  Department of Education; powers and duties;
2025	accountability requirements.-
2026	(2)  The department shall adopt procedures for the
2027	department's:
2028	(d)  Granting of good cause exemptions from private
2029	prekindergarten providers' and public schools' being determined
2030	ineligible to deliver the program and receive state funds for
2031	the program.
2032	Section 32.  Paragraph (b) of subsection (4) of section
2033	1009.64, Florida Statutes, is amended to read:
2034	1009.64  Certified Education Paraprofessional Welfare
2035	Transition Program.-
2036	(4)  The agencies shall complete an implementation plan
2037	that addresses at least the following recommended components of
2038	the program:
2039	(b)  A budget for use of incentive funding to provide
2040	motivation to participants to succeed and excel. The budget for
2041	incentive funding includes:
2042	1.  Funds allocated by the Legislature directly for the
2043	program.
2044	2.  Funds that may be made available from the federal
2045	Workforce Investment Act based on client eligibility or
2046	requested waivers to make the clients eligible.
2047	3.  Funds made available by implementation strategies that
2048	would make maximum use of work supplementation funds authorized
2049	by federal law.
2050	4.  Funds authorized by strategies to lengthen
2051	participants' eligibility for federal programs such as Medicaid,
2052	subsidized child care services, and transportation.
2053
2054	Incentives may include a stipend during periods of college
2055	classroom training, a bonus and recognition for a high grade-
2056	point average, child care and prekindergarten services for
2057	children of participants, and services to increase a
2058	participant's ability to advance to higher levels of employment.
2059	Nonfinancial incentives should include providing a mentor or
2060	tutor, and service incentives should continue and increase for
2061	any participant who plans to complete the baccalaureate degree
2062	and become a certified teacher. Services may be provided in
2063	accordance with family choice by community colleges and school
2064	district career centers, through family service centers and
2065	full-service schools, or under contract with providers through
2066	central agencies.
2067	Section 33.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.