HB 201

1	A bill to be entitled
2	An act relating to human services personnel; providing a
3	short title; amending s. 402.305, F.S.; requiring the
4	owner or operator of a child care facility to report
5	background screening results to the Department of Children
6	and Family Services before employing a person at the child
7	care facility; prohibiting the hiring of a person with a
8	disqualifying offense without being granted an exemption;
9	prohibiting the department from granting an exemption from
10	disqualification from employment to work with children or
11	the developmentally disabled under certain circumstances;
12	amending s. 402.40, F.S.; providing and revising
13	definitions; requiring child welfare services staff to
14	obtain child welfare certification; requiring the
15	Department of Children and Family Services to designate a
16	credentialing entity to administer the certification
17	process; requiring the department to develop minimum
18	trainer qualifications; amending s. 429.14, F.S., relating
19	to administrative penalties; prohibiting the Agency for
20	Health Care Administration from granting an exemption from
21	disqualification from employment in an assisted living
22	facility under certain circumstances; amending s. 429.174,
23	F.S.; requiring the owner or administrator of an assisted
24	living facility to report background screening results to
25	the agency before employing a person at the assisted
26	living facility; prohibiting the hiring of a person with a
27	disqualifying offense without being granted an exemption;
28	prohibiting the agency from granting an exemption from
29	disqualification from employment under certain
30	circumstances; amending s. 435.05, F.S.; revising employer
31	reporting requirements relating to background screening
32	for applicants for employment in a child care facility or
33	an assisted living facility; requiring the owner or
34	administrator of a child care facility or an assisted
35	living facility to report background screening results to
36	the licensing agency; prohibiting the hiring of a person
37	with a disqualifying offense without being granted an
38	exemption; prohibiting the agency from granting an
39	exemption from disqualification from employment under
40	certain circumstances; amending s. 435.07, F.S.;
41	increasing the waiting period for requesting an exemption
42	from disqualification for certain employees; authorizing
43	licensing agencies to retain employee fingerprints under
44	certain circumstances; requiring licensing agencies to
45	review exemptions from disqualification periodically;
46	providing conditions for the revocation of an employee's
47	exemption from disqualification; authorizing licensing
48	agencies to adopt rules relating to exemptions from
49	disqualification; amending ss. 402.30501, 411.01, 1002.55,
50	1002.57, and 1002.59, F.S.; conforming cross-references;
51	reenacting s. 402.302(3), F.S., relating to the definition
52	of "child care personnel"; reenacting s. 402.3055(2)(b),
53	(d), and (g), F.S., relating to child care personnel
54	requirements; reenacting s. 402.3057, F.S., relating to
55	persons not required to be refingerprinted or rescreened;
56	reenacting s. 402.308(3)(d) and (4)(d), F.S., relating to
57	issuance or renewal of a child care facility license;
58	reenacting s. 402.313(3), F.S., relating to child care
59	personnel in family day care homes; reenacting s.
60	402.3131(2), F.S., relating to child care personnel in
61	large family child care homes; reenacting s. 409.1757,
62	F.S., relating to persons not required to be
63	refingerprinted or rescreened; providing an effective
64	date.
65
66	Be It Enacted by the Legislature of the State of Florida:
67
68	Section 1.  This act may be cited as the "Protecting
69	Florida's Most Vulnerable Citizens Act."
70	Section 2.  Subsection (2) of section 402.305, Florida
71	Statutes, is amended to read:
72	402.305  Licensing standards; child care facilities.--
73	(2)  PERSONNEL.--Minimum standards for child care personnel
74	shall include minimum requirements as to:
75	(a)  Good moral character based upon screening.
76	1.  This screening shall be conducted as provided in
77	chapter 435, using the level 2 standards for screening set forth
78	in that chapter. The owner or operator of a child care facility
79	must report the results of the screening to the department
80	before a person may be employed at the child care facility. If
81	the results of the screening show any disqualifying offense as
82	set forth in chapter 435, the owner or operator of a child care
83	facility may not hire that person until such time as an
84	exemption is applied for and granted by the licensing agency.
85	2.(b)  The department may grant exemptions from
86	disqualification from working with children or the
87	developmentally disabled as provided in s. 435.07; however, the
88	department may not grant an exemption if the person has a record
89	of a felony or misdemeanor conviction for an offense of a
90	violent or sexual nature against a child or a vulnerable adult.
91	(b)(c)  Minimum age requirements. Such minimum standards
92	shall prohibit a person under the age of 21 from being the
93	operator of a child care facility and a person under the age of
94	16 from being employed at such facility unless such person is
95	under direct supervision and is not counted for the purposes of
96	computing the personnel-to-child ratio.
97	(c)(d)  Minimum training requirements for child care
98	personnel.
99	1.  Such minimum standards for training shall ensure that
100	all child care personnel take an approved 40-clock-hour
101	introductory course in child care, which course covers at least
102	the following topic areas:
103	a.  State and local rules and regulations which govern
104	child care.
105	b.  Health, safety, and nutrition.
106	c.  Identifying and reporting child abuse and neglect.
107	d.  Child development, including typical and atypical
108	language, cognitive, motor, social, and self-help skills
109	development.
110	e.  Observation of developmental behaviors, including using
111	a checklist or other similar observation tools and techniques to
112	determine the child's developmental age level.
113	f.  Specialized areas, including computer technology for
114	professional and classroom use and early literacy and language
115	development of children from birth to 5 years of age, as
116	determined by the department, for owner-operators and child care
117	personnel of a child care facility.
118
119	Within 90 days after employment, child care personnel shall
120	begin training to meet the training requirements. Child care
121	personnel shall successfully complete such training within 1
122	year after the date on which the training began, as evidenced by
123	passage of a competency examination. Successful completion of
124	the 40-clock-hour introductory course shall articulate into
125	community college credit in early childhood education, pursuant
126	to ss. 1007.24 and 1007.25. Exemption from all or a portion of
127	the required training shall be granted to child care personnel
128	based upon educational credentials or passage of competency
129	examinations. Child care personnel possessing a 2-year degree or
130	higher that includes 6 college credit hours in early childhood
131	development or child growth and development, or a child
132	development associate credential or an equivalent state-approved
133	child development associate credential, or a child development
134	associate waiver certificate shall be automatically exempted
135	from the training requirements in sub-subparagraphs b., d., and
136	e.
137	2.  The introductory course in child care shall stress, to
138	the extent possible, an interdisciplinary approach to the study
139	of children.
140	3.  The introductory course shall cover recognition and
141	prevention of shaken baby syndrome, prevention of sudden infant
142	death syndrome, and early childhood brain development within the
143	topic areas identified in this paragraph.
144	4.  On an annual basis in order to further their child care
145	skills and, if appropriate, administrative skills, child care
146	personnel who have fulfilled the requirements for the child care
147	training shall be required to take an additional 1 continuing
148	education unit of approved inservice training, or 10 clock hours
149	of equivalent training, as determined by the department.
150	5.  Child care personnel shall be required to complete 0.5
151	continuing education unit of approved training or 5 clock hours
152	of equivalent training, as determined by the department, in
153	early literacy and language development of children from birth
154	to 5 years of age one time. The year that this training is
155	completed, it shall fulfill the 0.5 continuing education unit or
156	5 clock hours of the annual training required in subparagraph 4.
157	6.  Procedures for ensuring the training of qualified child
158	care professionals to provide training of child care personnel,
159	including onsite training, shall be included in the minimum
160	standards. It is recommended that the state community child care
161	coordination agencies (central agencies) be contracted by the
162	department to coordinate such training when possible. Other
163	district educational resources, such as community colleges and
164	career programs, can be designated in such areas where central
165	agencies may not exist or are determined not to have the
166	capability to meet the coordination requirements set forth by
167	the department.
168	7.  Training requirements shall not apply to certain
169	occasional or part-time support staff, including, but not
170	limited to, swimming instructors, piano teachers, dance
171	instructors, and gymnastics instructors.
172	8.  The department shall evaluate or contract for an
173	evaluation for the general purpose of determining the status of
174	and means to improve staff training requirements and testing
175	procedures. The evaluation shall be conducted every 2 years. The
176	evaluation shall include, but not be limited to, determining the
177	availability, quality, scope, and sources of current staff
178	training; determining the need for specialty training; and
179	determining ways to increase inservice training and ways to
180	increase the accessibility, quality, and cost-effectiveness of
181	current and proposed staff training. The evaluation methodology
182	shall include a reliable and valid survey of child care
183	personnel.
184	9.  The child care operator shall be required to take basic
185	training in serving children with disabilities within 5 years
186	after employment, either as a part of the introductory training
187	or the annual 8 hours of inservice training.
188	(d)(e)  Periodic health examinations.
189	(e)(f)  By January 1, 2000, a credential for child care
190	facility directors. By January 1, 2004, the credential shall be
191	a required minimum standard for licensing.
192	Section 3.  Section 402.40, Florida Statutes, is amended to
193	read:
194	402.40  Child welfare training and certification.--
195	(1)  LEGISLATIVE INTENT.--In order to enable the state to
196	provide a systematic approach to staff development and training
197	for persons providing child welfare services which meets that
198	will meet the needs of such staff in the their discharge of
199	their duties, it is the intent of the Legislature that the
200	Department of Children and Family Services establish, maintain,
201	and oversee the operation of child welfare training academies in
202	the state. The Legislature further intends that the staff
203	development and training programs that are established will aid
204	in the reduction of poor staff morale and of staff turnover,
205	will positively impact on the quality of decisions made
206	regarding children and families who require assistance from
207	programs providing child welfare services, and will afford a
208	better quality of care for of children who are must be removed
209	from their families.
210	(2)  DEFINITIONS.--As used in this section, the term:
211	(a)  "Child welfare certification" means a professional
212	credential awarded by the department, or by a credentialing
213	entity designated by the department, to individuals
214	demonstrating core competency in any child welfare services
215	practice area.
216	(b)(a)  "Child welfare services" means any intake,
217	protective investigations, preprotective services, protective
218	services, foster care, shelter and group care, and adoption and
219	related services program, including supportive services,
220	supervision, and legal services, provided to children who are
221	alleged to have been abused, abandoned, or neglected, or who are
222	at risk of becoming, are alleged to be, or have been found
223	dependent pursuant to chapter 39.
224	(c)  "Core competency" means having the knowledge, skills,
225	and abilities necessary to perform child welfare services.
226	(d)(b)  "Person providing child welfare services" means a
227	person who has a responsibility for supervisory, legal, direct
228	care, or support-related support related work in the provision
229	of child welfare services pursuant to chapter 39.
230	(3)  CHILD WELFARE TRAINING PROGRAM.--The department shall
231	establish a child welfare training program for training pursuant
232	to the provisions of this section, and all persons providing
233	child welfare services in this state must demonstrate core
234	competency by earning and maintaining child welfare
235	certification shall be required to participate in and
236	successfully complete the program of training pertinent to their
237	areas of responsibility.
238	(4)  CHILD WELFARE TRAINING TRUST FUND.--
239	(a)  There is created within the State Treasury a Child
240	Welfare Training Trust Fund to be used by the department of
241	Children and Family Services for the purpose of funding a
242	comprehensive system of child welfare training, including the
243	securing of consultants to develop the system and the developing
244	of child welfare training academies for that include the
245	participation of persons providing child welfare services.
246	(b)  One dollar from every noncriminal traffic infraction
247	collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
248	deposited into the Child Welfare Training Trust Fund.
249	(c)  In addition to the funds generated by paragraph (b),
250	the trust fund shall receive funds generated from an additional
251	fee on birth certificates and dissolution of marriage filings,
252	as specified in ss. 382.0255 and 28.101, respectively, and may
253	receive funds from any other public or private source.
254	(d)  Funds that are not expended by the end of the budget
255	cycle or through a supplemental budget approved by the
256	department shall revert to the trust fund.
257	(5)  CORE COMPETENCIES.--
258	(a)  The department of Children and Family Services shall
259	establish the core competencies for a single integrated
260	curriculum that ensures that each person delivering child
261	welfare services obtains the knowledge, skills, and abilities to
262	competently carry out his or her work responsibilities. The This
263	curriculum may be a compilation of different development efforts
264	based on specific subsets of core competencies that are
265	integrated for a comprehensive curriculum required in the
266	provision of child welfare services in this state.
267	(b)  The identification of these core competencies shall be
268	a collaborative effort by to include professionals who have with
269	expertise in child welfare services and providers that will be
270	affected by the curriculum, including to include, but not be
271	limited to, representatives from the community-based care lead
272	agencies, sheriffs' offices conducting child protection
273	investigations, and child welfare legal services providers.
274	(c)  Notwithstanding s. 287.057(5) and (22), the department
275	shall competitively solicit and contract for the development,
276	validation, and periodic evaluation of the training curricula
277	for the established single integrated curriculum. No more than
278	one training curriculum may be developed for each specific
279	subset of the core competencies.
280	(6)  ADVANCED TRAINING.--The department of Children and
281	Family Services shall annually review examine the advanced
282	training that is needed by persons who deliver child welfare
283	services in the state. This review must consider examination
284	shall address whether the current advanced training provided
285	should be continued and shall include the development of plans
286	for incorporating any revisions to the advanced training which
287	are determined necessary. The review must This examination shall
288	be conducted in collaboration with professionals who have with
289	expertise in child welfare services and providers that will be
290	affected by the curriculum, including to include, but not be
291	limited to, representatives from the community-based care lead
292	agencies, sheriffs' offices conducting child protection
293	investigations, and child welfare legal services providers.
294	(7)  CERTIFICATION AND TRAINER QUALIFICATIONS.--
295	(a)  The department shall designate a credentialing entity
296	to administer a statewide child welfare certification process
297	for child welfare services staff.
298	(b)  The department shall, in collaboration with the
299	professionals and providers described in subsection (5) and the
300	designated credentialing entity, develop minimum standards for a
301	certification process that ensures that participants have
302	successfully attained the knowledge, skills, and abilities
303	necessary to competently carry out their work responsibilities
304	and shall develop minimum standards for trainer qualifications
305	which must be required of training academies in the offering of
306	the training curricula.
307	(c)  Any person providing child welfare services must shall
308	be required to master the core competencies components of the
309	curriculum that are particular to that person's work
310	responsibilities as demonstrated by obtaining child welfare
311	certification.
312	(8)  ESTABLISHMENT OF TRAINING ACADEMIES AND TRAINER
313	QUALIFICATIONS.--The department shall establish child welfare
314	training academies and develop minimum trainer qualifications
315	for trainers at academies offering the curricula described in
316	subsection (5) as part of a comprehensive system of child
317	welfare training. In establishing a program of training program,
318	the department may contract for the operation of one or more
319	training academies to perform one or more of the following: to
320	offer one or more of the training curricula developed under
321	subsection (5); to administer the certification process; to
322	develop, validate, and periodically evaluate additional training
323	curricula determined to be necessary, including advanced
324	training that is specific to a region or contractor, or that
325	meets a particular training need; or to offer the additional
326	training curricula. The number, location, and timeframe for the
327	establishment of training academies shall be approved by the
328	Secretary of Children and Family Services, who shall ensure that
329	the goals for the core competencies and the single integrated
330	curriculum, the child welfare certification process, the trainer
331	qualifications, and the additional training needs are addressed.
332	Notwithstanding s. 287.057(5) and (22), the department shall
333	competitively solicit all training academy contracts.
334	(9)  MODIFICATION OF CHILD WELFARE TRAINING.--The core
335	competencies determined pursuant to subsection (5), the minimum
336	standards for the child welfare certification process, and the
337	minimum standards for trainer qualifications established
338	pursuant to subsection (8) (7), must be submitted to the
339	appropriate substantive committees of the Senate and the House
340	of Representatives before competitively soliciting either the
341	development, validation, or periodic evaluation of the training
342	curricula or the training academy contracts.
343	(10)  ADOPTION OF RULES.--The department of Children and
344	Family Services shall adopt rules necessary to administer carry
345	out the provisions of this section.
346	Section 4.  Paragraph (g) of subsection (1) of section
347	429.14, Florida Statutes, is amended to read:
348	429.14  Administrative penalties.--
349	(1)  In addition to the requirements of part II of chapter
350	408, the agency may deny, revoke, and suspend any license issued
351	under this part and impose an administrative fine in the manner
352	provided in chapter 120 against a licensee of an assisted living
353	facility for a violation of any provision of this part, part II
354	of chapter 408, or applicable rules, or for any of the following
355	actions by a licensee of an assisted living facility, for the
356	actions of any person subject to level 2 background screening
357	under s. 408.809, or for the actions of any facility employee:
358	(g)  A determination that an employee, volunteer,
359	administrator, or owner, or person who otherwise has access to
360	the residents of a facility does not meet the criteria specified
361	in s. 435.03(2), and the owner or administrator has not taken
362	action to remove the person. Exemptions from disqualification
363	may be granted as set forth in s. 435.07. However, the agency
364	may not grant an exemption if the person has a record of a
365	felony or misdemeanor conviction for an offense of a violent or
366	sexual nature against a child or a vulnerable adult. If the
367	results of the screening show any disqualifying offense as set
368	forth in chapter 435, the facility may not hire that person
369	until the person has applied for an exemption from
370	disqualification and has been granted an exemption by the
371	licensing agency. No administrative action may be taken against
372	the facility if the person is granted an exemption.
373	Section 5.  Section 429.174, Florida Statutes, is amended
374	to read:
375	429.174  Background screening; exemptions.--The owner or
376	administrator of an assisted living facility must conduct level
377	1 background screening, as set forth in chapter 435, on all
378	employees hired on or after October 1, 1998, who perform
379	personal services as defined in s. 429.02(16). The owner or
380	administrator of an assisted living facility must report the
381	results of the screening to the licensing agency before a person
382	may be employed at the assisted living facility. If the results
383	of the screening show any disqualifying offense as set forth in
384	chapter 435, the facility may not hire that person until the
385	person has applied for an exemption from disqualification and
386	has been granted an exemption by the agency. The agency may
387	exempt a person an individual from employment disqualification
388	as set forth in chapter 435; however, the agency may not grant
389	an exemption if the person has a record of a felony or
390	misdemeanor conviction for an offense of a violent or sexual
391	nature against a child or a vulnerable adult. Except as
392	otherwise provided in this section, a person Such persons shall
393	be considered as having met the this requirement for an
394	exemption if:
395	(1)  Proof of compliance with level 1 screening
396	requirements obtained to meet any professional license
397	requirements in this state is provided and accompanied, under
398	penalty of perjury, by a copy of the person's current
399	professional license and an affidavit of current compliance with
400	the background screening requirements.
401	(2)  The person required to be screened has been
402	continuously employed in the same type of occupation for which
403	the person is seeking employment without a breach in service
404	which exceeds 180 days, and proof of compliance with the level 1
405	screening requirement which is no more than 2 years old is
406	provided. Proof of compliance shall be provided directly from
407	one employer or contractor to another, and not from the person
408	screened. Upon request, a copy of screening results shall be
409	provided by the employer retaining documentation of the
410	screening to the person screened.
411	(3)  The person required to be screened is employed by a
412	corporation or business entity or related corporation or
413	business entity that owns, operates, or manages more than one
414	facility or agency licensed under this chapter, and for whom a
415	level 1 screening was conducted by the corporation or business
416	entity as a condition of initial or continued employment.
417	Section 6.  Paragraphs (a) and (c) of subsection (1) and
418	subsection (3) of section 435.05, Florida Statutes, are amended
419	to read:
420	435.05  Requirements for covered employees.--Except as
421	otherwise provided by law, the following requirements shall
422	apply to covered employees:
423	(1)(a)  Every person employed in a position for which
424	employment screening is required must, within 5 working days
425	after starting to work, submit to the employer a complete set of
426	information necessary to conduct a screening under this section.
427	The owner or administrator of a child care facility or an
428	assisted living facility must report the results of the
429	screening to the licensing agency before a person may be
430	employed at the facility. If the results of the screening show
431	any disqualifying offense as set forth in this chapter, the
432	facility may not hire that person until the person has applied
433	for an exemption from disqualification and has been granted an
434	exemption by the licensing agency.
435	(c)  For level 2 screening, the employer or licensing
436	agency must submit the information necessary for screening to
437	the Florida Department of Law Enforcement within 5 working days
438	after receiving it. The Florida Department of Law Enforcement
439	will conduct a search of its criminal and juvenile records and
440	will request that the Federal Bureau of Investigation conduct a
441	search of its records for each employee for whom the request is
442	made. The Florida Department of Law Enforcement will respond to
443	the employer or licensing agency, and the employer or licensing
444	agency will inform the employee whether screening has revealed
445	disqualifying information. The owner or administrator of a child
446	care facility or an assisted living facility must report the
447	results of the screening to the agency before a person may be
448	employed at the facility. If the results of the screening show
449	any disqualifying offense as set forth in this chapter, the
450	facility may not hire that person until the person has applied
451	for an exemption from disqualification and has been granted an
452	exemption by the licensing agency.
453	(3)  Each employer required to conduct level 2 background
454	screening must sign an affidavit annually or at the time of
455	license renewal, under penalty of perjury, stating that all
456	covered employees have been screened or are newly hired and are
457	awaiting the results of the required screening checks, except
458	that the employer must report the results of the screening to
459	the licensing agency before a person may be employed at a child
460	care facility or an assisted living facility. If the results of
461	the screening show any disqualifying offense as set forth in
462	this chapter, the facility may not hire that person until the
463	person has applied for an exemption from disqualification and
464	has been granted an exemption by the licensing agency.
465	Section 7.  Section 435.07, Florida Statutes, is amended to
466	read:
467	435.07  Exemptions from disqualification.--Unless otherwise
468	provided by law, the provisions of this section shall apply to
469	exemptions from disqualification.
470	(1)  For any employee otherwise disqualified from
471	employment, the appropriate licensing agency may grant, deny, or
472	revoke a general, limited, or conditional to any employee
473	otherwise disqualified from employment an exemption from
474	disqualification for:
475	(a)  Felonies committed more than 5 3 years prior to the
476	date of disqualification for which the employee or applicant was
477	adjudicated and has completed the terms and conditions of the
478	sentence imposed;
479	(b)  Misdemeanors prohibited under any of the Florida
480	Statutes cited in this chapter or under similar statutes of
481	other jurisdictions;
482	(c)  Offenses that were felonies when committed but are now
483	misdemeanors;
484	(d)  Findings of delinquency; or
485	(e)  Commissions of acts of domestic violence as defined in
486	s. 741.30.
487
488	For the purposes of this subsection, the term "felonies" means
489	both felonies prohibited under any of the Florida Statutes cited
490	in this chapter or under similar statutes of other
491	jurisdictions.
492	(2)  Persons employed by or who have applied for employment
493	with treatment providers who treat adolescents 13 years of age
494	and older who are disqualified from employment solely because of
495	crimes under s. 817.563, s. 893.13, or s. 893.147 may be
496	exempted from disqualification from employment pursuant to this
497	section without the 5-year 3-year waiting period.
498	(3)  In order for a licensing agency department to grant an
499	exemption to any employee, the employee must demonstrate by
500	clear and convincing evidence that the employee should not be
501	disqualified from employment. Employees seeking an exemption
502	have the burden of setting forth sufficient evidence of
503	rehabilitation, including, but not limited to, the circumstances
504	surrounding the criminal incident for which an exemption is
505	sought, the time period that has elapsed since the incident, the
506	nature of the harm caused to the victim, and the history of the
507	employee since the incident, or any other evidence or
508	circumstances indicating that the employee will not present a
509	danger if continued employment is allowed. A licensing agency
510	may not consider an application for an exemption from
511	disqualification for a person seeking employment at a child care
512	facility or an assisted living facility until 5 years after the
513	completion of the terms and conditions of a sentence imposed,
514	whether served during actual imprisonment, probation, or parole.
515	The decision of the licensing agency department regarding an
516	exemption may be contested through the hearing procedures set
517	forth in chapter 120.
518	(4)  Disqualification from employment under subsection (1)
519	may not be removed from, nor may an exemption be granted to, any
520	personnel who is found guilty of, regardless of adjudication, or
521	who has entered a plea of nolo contendere or guilty to, any
522	felony covered by s. 435.03 solely by reason of any pardon,
523	executive clemency, or restoration of civil rights.
524	(5)  Exemptions granted by one licensing agency shall be
525	considered by subsequent licensing agencies, but are not binding
526	on the subsequent licensing agency.
527	(6)  A licensing agency may adopt rules for the imposition
528	of conditions upon and the review or revocation of individual
529	exemptions from disqualification.
530	(7)  A licensing agency may retain fingerprints submitted
531	by criminal and noncriminal justice agencies to the agency for a
532	criminal history background screening as provided by rule.
533	(8)  The licensing agency shall review an exemption from
534	disqualification granted under this section every 3 years, at a
535	minimum, after the date upon which the exemption was granted to
536	ensure that the rehabilitation is still effective and that there
537	have been no additional disqualifying offenses.
538	(9)  The licensing agency shall immediately revoke an
539	employee's exemption from disqualification upon a determination
540	that the employee committed an additional disqualifying offense.
541	(10)  Any licensing agency that grants an exemption from
542	disqualification for employment may adopt rules necessary for
543	the implementation of this section.
544	Section 8.  Section 402.30501, Florida Statutes, is amended
545	to read:
546	402.30501  Modification of introductory child care course
547	for community college credit authorized.--The Department of
548	Children and Family Services may modify the 40-clock-hour
549	introductory course in child care under s. 402.305 or s.
550	402.3131 to meet the requirements of articulating the course to
551	community college credit. Any modification must continue to
552	provide that the course satisfies the requirements of s.
553	402.305(2)(c)(d).
554	Section 9.  Paragraph (d) of subsection (5) of section
555	411.01, Florida Statutes, is amended to read:
556	411.01  School readiness programs; early learning
557	coalitions.--
558	(5)  CREATION OF EARLY LEARNING COALITIONS.--
559	(d)  Implementation.--
560	1.  An early learning coalition may not implement the
561	school readiness program until the coalition is authorized
562	through approval of the coalition's school readiness plan by the
563	Agency for Workforce Innovation.
564	2.  Each early learning coalition shall develop a plan for
565	implementing the school readiness program to meet the
566	requirements of this section and the performance standards and
567	outcome measures adopted by the Agency for Workforce Innovation.
568	The plan must demonstrate how the program will ensure that each
569	3-year-old and 4-year-old child in a publicly funded school
570	readiness program receives scheduled activities and instruction
571	designed to enhance the age-appropriate progress of the children
572	in attaining the performance standards adopted by the Agency for
573	Workforce Innovation under subparagraph (4)(d)8. Before
574	implementing the school readiness program, the early learning
575	coalition must submit the plan to the Agency for Workforce
576	Innovation for approval. The Agency for Workforce Innovation may
577	approve the plan, reject the plan, or approve the plan with
578	conditions. The Agency for Workforce Innovation shall review
579	school readiness plans at least annually.
580	3.  If the Agency for Workforce Innovation determines
581	during the annual review of school readiness plans, or through
582	monitoring and performance evaluations conducted under paragraph
583	(4)(l), that an early learning coalition has not substantially
584	implemented its plan, has not substantially met the performance
585	standards and outcome measures adopted by the agency, or has not
586	effectively administered the school readiness program or
587	Voluntary Prekindergarten Education Program, the Agency for
588	Workforce Innovation may dissolve the coalition and temporarily
589	contract with a qualified entity to continue school readiness
590	and prekindergarten services in the coalition's county or
591	multicounty region until the coalition is reestablished through
592	resubmission of a school readiness plan and approval by the
593	agency.
594	4.  The Agency for Workforce Innovation shall adopt
595	criteria for the approval of school readiness plans. The
596	criteria must be consistent with the performance standards and
597	outcome measures adopted by the agency and must require each
598	approved plan to include the following minimum standards and
599	provisions:
600	a.  A sliding fee scale establishing a copayment for
601	parents based upon their ability to pay, which is the same for
602	all program providers, to be implemented and reflected in each
603	program's budget.
604	b.  A choice of settings and locations in licensed,
605	registered, religious-exempt, or school-based programs to be
606	provided to parents.
607	c.  Instructional staff who have completed the training
608	course as required in s. 402.305(2)(c)(d)1., as well as staff
609	who have additional training or credentials as required by the
610	Agency for Workforce Innovation. The plan must provide a method
611	for assuring the qualifications of all personnel in all program
612	settings.
613	d.  Specific eligibility priorities for children within the
614	early learning coalition's county or multicounty region in
615	accordance with subsection (6).
616	e.  Performance standards and outcome measures adopted by
617	the Agency for Workforce Innovation.
618	f.  Payment rates adopted by the early learning coalition
619	and approved by the Agency for Workforce Innovation. Payment
620	rates may not have the effect of limiting parental choice or
621	creating standards or levels of services that have not been
622	authorized by the Legislature.
623	g.  Systems support services, including a central agency,
624	child care resource and referral, eligibility determinations,
625	training of providers, and parent support and involvement.
626	h.  Direct enhancement services to families and children.
627	System support and direct enhancement services shall be in
628	addition to payments for the placement of children in school
629	readiness programs.
630	i.  The business organization of the early learning
631	coalition, which must include the coalition's articles of
632	incorporation and bylaws if the coalition is organized as a
633	corporation. If the coalition is not organized as a corporation
634	or other business entity, the plan must include the contract
635	with a fiscal agent. An early learning coalition may contract
636	with other coalitions to achieve efficiency in multicounty
637	services, and these contracts may be part of the coalition's
638	school readiness plan.
639	j.  Strategies to meet the needs of unique populations,
640	such as migrant workers.
641
642	As part of the school readiness plan, the early learning
643	coalition may request the Governor to apply for a waiver to
644	allow the coalition to administer the Head Start Program to
645	accomplish the purposes of the school readiness program. If a
646	school readiness plan demonstrates that specific statutory goals
647	can be achieved more effectively by using procedures that
648	require modification of existing rules, policies, or procedures,
649	a request for a waiver to the Agency for Workforce Innovation
650	may be submitted as part of the plan. Upon review, the Agency
651	for Workforce Innovation may grant the proposed modification.
652	5.  Persons with an early childhood teaching certificate
653	may provide support and supervision to other staff in the school
654	readiness program.
655	6.  An early learning coalition may not implement its
656	school readiness plan until it submits the plan to and receives
657	approval from the Agency for Workforce Innovation. Once the plan
658	is approved, the plan and the services provided under the plan
659	shall be controlled by the early learning coalition. The plan
660	shall be reviewed and revised as necessary, but at least
661	biennially. An early learning coalition may not implement the
662	revisions until the coalition submits the revised plan to and
663	receives approval from the Agency for Workforce Innovation. If
664	the Agency for Workforce Innovation rejects a revised plan, the
665	coalition must continue to operate under its prior approved
666	plan.
667	7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
668	apply to an early learning coalition with an approved school
669	readiness plan. To facilitate innovative practices and to allow
670	the regional establishment of school readiness programs, an
671	early learning coalition may apply to the Governor and Cabinet
672	for a waiver of, and the Governor and Cabinet may waive, any of
673	the provisions of ss. 411.223, 411.232, and 1003.54, if the
674	waiver is necessary for implementation of the coalition's school
675	readiness plan.
676	8.  Two or more counties may join for purposes of planning
677	and implementing a school readiness program.
678	9.  An early learning coalition may, subject to approval by
679	the Agency for Workforce Innovation as part of the coalition's
680	school readiness plan, receive subsidized child care funds for
681	all children eligible for any federal subsidized child care
682	program.
683	10.  An early learning coalition may enter into multiparty
684	contracts with multicounty service providers in order to meet
685	the needs of unique populations such as migrant workers.
686	Section 10.  Paragraphs (c) and (g) of subsection (3) of
687	section 1002.55, Florida Statutes, are amended to read:
688	1002.55  School-year prekindergarten program delivered by
689	private prekindergarten providers.--
690	(3)  To be eligible to deliver the prekindergarten program,
691	a private prekindergarten provider must meet each of the
692	following requirements:
693	(c)  The private prekindergarten provider must have, for
694	each prekindergarten class, at least one prekindergarten
695	instructor who meets each of the following requirements:
696	1.  The prekindergarten instructor must hold, at a minimum,
697	one of the following credentials:
698	a.  A child development associate credential issued by the
699	National Credentialing Program of the Council for Professional
700	Recognition; or
701	b.  A credential approved by the Department of Children and
702	Family Services as being equivalent to or greater than the
703	credential described in sub-subparagraph a.
704
705	The Department of Children and Family Services may adopt rules
706	under ss. 120.536(1) and 120.54 which provide criteria and
707	procedures for approving equivalent credentials under sub-
708	subparagraph b.
709	2.  The prekindergarten instructor must successfully
710	complete an emergent literacy training course approved by the
711	department as meeting or exceeding the minimum standards adopted
712	under s. 1002.59. This subparagraph does not apply to a
713	prekindergarten instructor who successfully completes approved
714	training in early literacy and language development under s.
715	402.305(2)(c)(d)5., s. 402.313(6), or s. 402.3131(5) before the
716	establishment of one or more emergent literacy training courses
717	under s. 1002.59 or April 1, 2005, whichever occurs later.
718	(g)  Before the beginning of the 2006-2007 school year, the
719	private prekindergarten provider must have a prekindergarten
720	director who has a prekindergarten director credential that is
721	approved by the department as meeting or exceeding the minimum
722	standards adopted under s. 1002.57. Successful completion of a
723	child care facility director credential under s.
724	402.305(2)(e)(f) before the establishment of the prekindergarten
725	director credential under s. 1002.57 or July 1, 2006, whichever
726	occurs later, satisfies the requirement for a prekindergarten
727	director credential under this paragraph.
728	Section 11.  Subsections (3) and (4) of section 1002.57,
729	Florida Statutes, are amended to read:
730	1002.57  Prekindergarten director credential.--
731	(3)  The prekindergarten director credential must meet or
732	exceed the requirements of the Department of Children and Family
733	Services for the child care facility director credential under
734	s. 402.305(2)(e)(f), and successful completion of the
735	prekindergarten director credential satisfies these requirements
736	for the child care facility director credential.
737	(4)  The department shall, to the maximum extent
738	practicable, award credit to a person who successfully completes
739	the child care facility director credential under s.
740	402.305(2)(e)(f) for those requirements of the prekindergarten
741	director credential which are duplicative of requirements for
742	the child care facility director credential.
743	Section 12.  Section 1002.59, Florida Statutes, is amended
744	to read:
745	1002.59  Emergent literacy training courses.--By April 1,
746	2005, the department shall adopt minimum standards for one or
747	more training courses in emergent literacy for prekindergarten
748	instructors. Each course must comprise 5 clock hours and provide
749	instruction in strategies and techniques to address the age-
750	appropriate progress of prekindergarten students in developing
751	emergent literacy skills, including oral communication,
752	knowledge of print and letters, phonemic and phonological
753	awareness, and vocabulary and comprehension development. Each
754	course must also provide resources containing strategies that
755	allow students with disabilities and other special needs to
756	derive maximum benefit from the Voluntary Prekindergarten
757	Education Program. Successful completion of an emergent literacy
758	training course approved under this section satisfies
759	requirements for approved training in early literacy and
760	language development under ss. 402.305(2)(c)(d)5., 402.313(6),
761	and 402.3131(5).
762	Section 13.  For the purpose of incorporating the amendment
763	made by this act to section 402.305, Florida Statutes, in a
764	reference thereto, subsection (3) of section 402.302, Florida
765	Statutes, is reenacted to read:
766	402.302  Definitions.--
767	(3)  "Child care personnel" means all owners, operators,
768	employees, and volunteers working in a child care facility. The
769	term does not include persons who work in a child care facility
770	after hours when children are not present or parents of children
771	in Head Start. For purposes of screening, the term includes any
772	member, over the age of 12 years, of a child care facility
773	operator's family, or person, over the age of 12 years, residing
774	with a child care facility operator if the child care facility
775	is located in or adjacent to the home of the operator or if the
776	family member of, or person residing with, the child care
777	facility operator has any direct contact with the children in
778	the facility during its hours of operation. Members of the
779	operator's family or persons residing with the operator who are
780	between the ages of 12 years and 18 years shall not be required
781	to be fingerprinted but shall be screened for delinquency
782	records. For purposes of screening, the term shall also include
783	persons who work in child care programs which provide care for
784	children 15 hours or more each week in public or nonpublic
785	schools, summer day camps, family day care homes, or those
786	programs otherwise exempted under s. 402.316. The term does not
787	include public or nonpublic school personnel who are providing
788	care during regular school hours, or after hours for activities
789	related to a school's program for grades kindergarten through
790	12. A volunteer who assists on an intermittent basis for less
791	than 40 hours per month is not included in the term "personnel"
792	for the purposes of screening and training, provided that the
793	volunteer is under direct and constant supervision by persons
794	who meet the personnel requirements of s. 402.305(2). Students
795	who observe and participate in a child care facility as a part
796	of their required coursework shall not be considered child care
797	personnel, provided such observation and participation are on an
798	intermittent basis and the students are under direct and
799	constant supervision of child care personnel.
800	Section 14.  For the purpose of incorporating the amendment
801	made by this act to section 402.305, Florida Statutes, in
802	references thereto, paragraphs (b), (d), and (g) of subsection
803	(2) of section 402.3055, Florida Statutes, are reenacted to
804	read:
805	402.3055  Child care personnel requirements.--
806	(2)  EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY
807	A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM; HEARINGS
808	PROVIDED.--
809	(b)  When the department or the local licensing agency has
810	reasonable cause to believe that grounds for denial or
811	termination of employment exist, it shall notify, in writing,
812	the applicant, licensee, or other child care program and the
813	child care personnel affected, stating the specific record which
814	indicates noncompliance with the standards in s. 402.305(2).
815	(d)  When a local licensing agency is the agency initiating
816	the statement regarding noncompliance of an employee with the
817	standards contained in s. 402.305(2), the employee, applicant,
818	licensee, or other child care program has 15 days from the time
819	of written notification of the agency's finding to make a
820	written request for a hearing. If a request for a hearing is not
821	received in that time, the permanent employee, applicant,
822	licensee, or other child care program is presumed to accept the
823	finding.
824	(g)  Refusal on the part of an applicant or licensee to
825	dismiss child care personnel who have been found to be in
826	noncompliance with personnel standards of s. 402.305(2) shall
827	result in automatic denial or revocation of the license in
828	addition to any other remedies pursued by the department or
829	local licensing agency.
830	Section 15.  For the purpose of incorporating the amendment
831	made by this act to section 402.305, Florida Statutes, in a
832	reference thereto, section 402.3057, Florida Statutes, is
833	reenacted to read:
834	402.3057  Persons not required to be refingerprinted or
835	rescreened.--Any provision of law to the contrary
836	notwithstanding, human resource personnel who have been
837	fingerprinted or screened pursuant to chapters 393, 394, 397,
838	402, and 409, and teachers and noninstructional personnel who
839	have been fingerprinted pursuant to chapter 1012, who have not
840	been unemployed for more than 90 days thereafter, and who under
841	the penalty of perjury attest to the completion of such
842	fingerprinting or screening and to compliance with the
843	provisions of this section and the standards for good moral
844	character as contained in such provisions as ss. 110.1127(3),
845	393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
846	shall not be required to be refingerprinted or rescreened in
847	order to comply with any caretaker screening or fingerprinting
848	requirements.
849	Section 16.  For the purpose of incorporating the amendment
850	made by this act to section 402.305, Florida Statutes, in
851	references thereto, paragraph (d) of subsection (3) and
852	paragraph (d) of subsection (4) of section 402.308, Florida
853	Statutes, are reenacted to read:
854	402.308  Issuance of license.--
855	(3)  STATE ADMINISTRATION OF LICENSING.--In any county in
856	which the department has the authority to issue licenses, the
857	following procedures shall be applied:
858	(d)  The department shall issue or renew a license upon
859	receipt of the license fee and upon being satisfied that all
860	standards required by ss. 402.301-402.319 have been met. A
861	license may be issued if all the screening materials have been
862	timely submitted; however, a license may not be issued or
863	renewed if any of the child care personnel at the applicant
864	facility have failed the screening required by ss. 402.305(2)
865	and 402.3055.
866	(4)  LOCAL ADMINISTRATION OF LICENSING.--In any county in
867	which there is a local licensing agency approved by the
868	department, the following procedures shall apply:
869	(d)  The local licensing agency shall issue a license or
870	renew a license upon being satisfied that all standards required
871	by ss. 402.301-402.319 have been met. A license may be issued or
872	renewed if all the screening materials have been timely
873	submitted; however, the local licensing agency shall not issue
874	or renew a license if any of the child care personnel at the
875	applicant facility have failed the screening required by ss.
876	402.305(2) and 402.3055.
877	Section 17.  For the purpose of incorporating the amendment
878	made by this act to section 402.305, Florida Statutes, in a
879	reference thereto, subsection (3) of section 402.313, Florida
880	Statutes, is reenacted to read:
881	402.313  Family day care homes.--
882	(3)  Child care personnel in family day care homes shall be
883	subject to the applicable screening provisions contained in ss.
884	402.305(2) and 402.3055. For purposes of screening in family day
885	care homes, the term includes any member over the age of 12
886	years of a family day care home operator's family, or persons
887	over the age of 12 years residing with the operator in the
888	family day care home. Members of the operator's family, or
889	persons residing with the operator, who are between the ages of
890	12 years and 18 years shall not be required to be fingerprinted,
891	but shall be screened for delinquency records.
892	Section 18.  For the purpose of incorporating the amendment
893	made by this act to section 402.305, Florida Statutes, in a
894	reference thereto, subsection (2) of section 402.3131, Florida
895	Statutes, is reenacted to read:
896	402.3131  Large family child care homes.--
897	(2)  Child care personnel in large family child care homes
898	shall be subject to the applicable screening provisions
899	contained in ss. 402.305(2) and 402.3055. For purposes of
900	screening child care personnel in large family child care homes,
901	the term "child care personnel" includes any member of a large
902	family child care home operator's family 12 years of age or
903	older, or any person 12 years of age or older residing with the
904	operator in the large family child care home. Members of the
905	operator's family, or persons residing with the operator, who
906	are between the ages of 12 years and 18 years, inclusive, shall
907	not be required to be fingerprinted, but shall be screened for
908	delinquency records.
909	Section 19.  For the purpose of incorporating the amendment
910	made by this act to section 402.305, Florida Statutes, in a
911	reference thereto, section 409.1757, Florida Statutes, is
912	reenacted to read:
913	409.1757  Persons not required to be refingerprinted or
914	rescreened.--Any provision of law to the contrary
915	notwithstanding, human resource personnel who have been
916	fingerprinted or screened pursuant to chapters 393, 394, 397,
917	402, and this chapter, and teachers who have been fingerprinted
918	pursuant to chapter 1012, who have not been unemployed for more
919	than 90 days thereafter, and who under the penalty of perjury
920	attest to the completion of such fingerprinting or screening and
921	to compliance with the provisions of this section and the
922	standards for good moral character as contained in such
923	provisions as ss. 110.1127(3), 393.0655(1), 394.457(6), 397.451,
924	402.305(2), and 409.175(6), shall not be required to be
925	refingerprinted or rescreened in order to comply with any
926	caretaker screening or fingerprinting requirements.
927	Section 20.  This act shall take effect July 1, 2010.

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