Florida Senate - 2010 SB 428
By Senator Rich
34-00210A-10 2010428__
1 A bill to be entitled
2 An act relating to human services personnel; providing
3 a short title; amending s. 402.305, F.S.; requiring
4 the owner or operator of a child care facility to
5 report background screening results to the Department
6 of Children and Family Services before employing a
7 person at the child care facility; prohibiting the
8 hiring of a person with a disqualifying offense
9 without being granted an exemption; prohibiting the
10 department from granting an exemption from
11 disqualification from employment to work with children
12 or the developmentally disabled under certain
13 circumstances; amending s. 402.40, F.S.; providing and
14 revising definitions; requiring child welfare services
15 staff to obtain child welfare certification; requiring
16 the Department of Children and Family Services to
17 designate a credentialing entity to administer the
18 certification process; requiring the department to
19 develop minimum trainer qualifications; amending s.
20 429.14, F.S., relating to administrative penalties;
21 prohibiting the Agency for Health Care Administration
22 from granting an exemption from disqualification from
23 employment in an assisted living facility under
24 certain circumstances; amending s. 429.174, F.S.;
25 requiring the owner or administrator of an assisted
26 living facility to report background screening results
27 to the agency before employing a person at the
28 assisted living facility; prohibiting the hiring of a
29 person with a disqualifying offense without being
30 granted an exemption; prohibiting the agency from
31 granting an exemption from disqualification from
32 employment under certain circumstances; amending s.
33 435.05, F.S.; revising employer reporting requirements
34 relating to background screening for applicants for
35 employment in a child care facility or an assisted
36 living facility; requiring the owner or administrator
37 of a child care facility or an assisted living
38 facility to report background screening results to the
39 licensing agency; prohibiting the hiring of a person
40 with a disqualifying offense without being granted an
41 exemption; prohibiting the agency from granting an
42 exemption from disqualification from employment under
43 certain circumstances; amending s. 435.07, F.S.;
44 increasing the waiting period for requesting an
45 exemption from disqualification for certain employees;
46 authorizing licensing agencies to retain employee
47 fingerprints under certain circumstances; requiring
48 licensing agencies to review exemptions from
49 disqualification periodically; providing conditions
50 for the revocation of an employee’s exemption from
51 disqualification; authorizing licensing agencies to
52 adopt rules relating to exemptions from
53 disqualification; amending ss. 402.30501, 411.01,
54 1002.55, 1002.57, and 1002.59, F.S.; conforming cross
55 references; reenacting s. 402.302(3), F.S., relating
56 to the definition of “child care personnel”;
57 reenacting s. 402.3055(2)(b), (d), and (g), F.S.,
58 relating to child care personnel requirements;
59 reenacting s. 402.3057, F.S., relating to persons not
60 required to be refingerprinted or rescreened;
61 reenacting s. 402.308(3)(d) and (4)(d), F.S., relating
62 to issuance or renewal of a child care facility
63 license; reenacting s. 402.313(3), F.S., relating to
64 child care personnel in family day care homes;
65 reenacting s. 402.3131(2), F.S., relating to child
66 care personnel in large family child care homes;
67 reenacting s. 409.1757, F.S., relating to persons not
68 required to be refingerprinted or rescreened;
69 providing an effective date.
70
71 Be It Enacted by the Legislature of the State of Florida:
72
73 Section 1. This act may be cited as the “Protecting
74 Florida’s Most Vulnerable Citizens Act.”
75 Section 2. Subsection (2) of section 402.305, Florida
76 Statutes, is amended to read:
77 402.305 Licensing standards; child care facilities.—
78 (2) PERSONNEL.—Minimum standards for child care personnel
79 shall include minimum requirements as to:
80 (a) Good moral character based upon screening.
81 1. This screening shall be conducted as provided in chapter
82 435, using the level 2 standards for screening set forth in that
83 chapter. The owner or operator of a child care facility must
84 report the results of the screening to the department before a
85 person may be employed at the child care facility. If the
86 results of the screening show any disqualifying offense as set
87 forth in chapter 435, the owner or operator of a child care
88 facility may not hire that person until such time as an
89 exemption is applied for and granted by the licensing agency.
90 2.(b) The department may grant exemptions from
91 disqualification from working with children or the
92 developmentally disabled as provided in s. 435.07; however, the
93 department may not grant an exemption if the person has a record
94 of a felony or misdemeanor conviction for an offense of a
95 violent or sexual nature against a child or a vulnerable adult.
96 (b)(c) Minimum age requirements. Such minimum standards
97 shall prohibit a person under the age of 21 from being the
98 operator of a child care facility and a person under the age of
99 16 from being employed at such facility unless such person is
100 under direct supervision and is not counted for the purposes of
101 computing the personnel-to-child ratio.
102 (c)(d) Minimum training requirements for child care
103 personnel.
104 1. Such minimum standards for training shall ensure that
105 all child care personnel take an approved 40-clock-hour
106 introductory course in child care, which course covers at least
107 the following topic areas:
108 a. State and local rules and regulations which govern child
109 care.
110 b. Health, safety, and nutrition.
111 c. Identifying and reporting child abuse and neglect.
112 d. Child development, including typical and atypical
113 language, cognitive, motor, social, and self-help skills
114 development.
115 e. Observation of developmental behaviors, including using
116 a checklist or other similar observation tools and techniques to
117 determine the child’s developmental age level.
118 f. Specialized areas, including computer technology for
119 professional and classroom use and early literacy and language
120 development of children from birth to 5 years of age, as
121 determined by the department, for owner-operators and child care
122 personnel of a child care facility.
123
124 Within 90 days after employment, child care personnel shall
125 begin training to meet the training requirements. Child care
126 personnel shall successfully complete such training within 1
127 year after the date on which the training began, as evidenced by
128 passage of a competency examination. Successful completion of
129 the 40-clock-hour introductory course shall articulate into
130 community college credit in early childhood education, pursuant
131 to ss. 1007.24 and 1007.25. Exemption from all or a portion of
132 the required training shall be granted to child care personnel
133 based upon educational credentials or passage of competency
134 examinations. Child care personnel possessing a 2-year degree or
135 higher that includes 6 college credit hours in early childhood
136 development or child growth and development, or a child
137 development associate credential or an equivalent state-approved
138 child development associate credential, or a child development
139 associate waiver certificate shall be automatically exempted
140 from the training requirements in sub-subparagraphs b., d., and
141 e.
142 2. The introductory course in child care shall stress, to
143 the extent possible, an interdisciplinary approach to the study
144 of children.
145 3. The introductory course shall cover recognition and
146 prevention of shaken baby syndrome, prevention of sudden infant
147 death syndrome, and early childhood brain development within the
148 topic areas identified in this paragraph.
149 4. On an annual basis in order to further their child care
150 skills and, if appropriate, administrative skills, child care
151 personnel who have fulfilled the requirements for the child care
152 training shall be required to take an additional 1 continuing
153 education unit of approved inservice training, or 10 clock hours
154 of equivalent training, as determined by the department.
155 5. Child care personnel shall be required to complete 0.5
156 continuing education unit of approved training or 5 clock hours
157 of equivalent training, as determined by the department, in
158 early literacy and language development of children from birth
159 to 5 years of age one time. The year that this training is
160 completed, it shall fulfill the 0.5 continuing education unit or
161 5 clock hours of the annual training required in subparagraph 4.
162 6. Procedures for ensuring the training of qualified child
163 care professionals to provide training of child care personnel,
164 including onsite training, shall be included in the minimum
165 standards. It is recommended that the state community child care
166 coordination agencies (central agencies) be contracted by the
167 department to coordinate such training when possible. Other
168 district educational resources, such as community colleges and
169 career programs, can be designated in such areas where central
170 agencies may not exist or are determined not to have the
171 capability to meet the coordination requirements set forth by
172 the department.
173 7. Training requirements shall not apply to certain
174 occasional or part-time support staff, including, but not
175 limited to, swimming instructors, piano teachers, dance
176 instructors, and gymnastics instructors.
177 8. The department shall evaluate or contract for an
178 evaluation for the general purpose of determining the status of
179 and means to improve staff training requirements and testing
180 procedures. The evaluation shall be conducted every 2 years. The
181 evaluation shall include, but not be limited to, determining the
182 availability, quality, scope, and sources of current staff
183 training; determining the need for specialty training; and
184 determining ways to increase inservice training and ways to
185 increase the accessibility, quality, and cost-effectiveness of
186 current and proposed staff training. The evaluation methodology
187 shall include a reliable and valid survey of child care
188 personnel.
189 9. The child care operator shall be required to take basic
190 training in serving children with disabilities within 5 years
191 after employment, either as a part of the introductory training
192 or the annual 8 hours of inservice training.
193 (d)(e) Periodic health examinations.
194 (e)(f) By January 1, 2000, a credential for child care
195 facility directors. By January 1, 2004, the credential shall be
196 a required minimum standard for licensing.
197 Section 3. Section 402.40, Florida Statutes, is amended to
198 read:
199 402.40 Child welfare training and certification.—
200 (1) LEGISLATIVE INTENT.—In order to enable the state to
201 provide a systematic approach to staff development and training
202 for persons providing child welfare services which meets that
203 will meet the needs of such staff in the their discharge of
204 their duties, it is the intent of the Legislature that the
205 Department of Children and Family Services establish, maintain,
206 and oversee the operation of child welfare training academies in
207 the state. The Legislature further intends that the staff
208 development and training programs that are established will aid
209 in the reduction of poor staff morale and of staff turnover,
210 will positively impact on the quality of decisions made
211 regarding children and families who require assistance from
212 programs providing child welfare services, and will afford a
213 better quality of care for of children who are must be removed
214 from their families.
215 (2) DEFINITIONS.—As used in this section, the term:
216 (a) “Child welfare certification” means a professional
217 credential awarded by the department, or by a credentialing
218 entity designated by the department, to individuals
219 demonstrating core competency in any child welfare services
220 practice area.
221 (b)(a) “Child welfare services” means any intake,
222 protective investigations, preprotective services, protective
223 services, foster care, shelter and group care, and adoption and
224 related services program, including supportive services,
225 supervision, and legal services, provided to children who are
226 alleged to have been abused, abandoned, or neglected, or who are
227 at risk of becoming, are alleged to be, or have been found
228 dependent pursuant to chapter 39.
229 (c) “Core competency” means having the knowledge, skills,
230 and abilities necessary to perform child welfare services.
231 (d)(b) “Person providing child welfare services” means a
232 person who has a responsibility for supervisory, legal, direct
233 care, or support-related support related work in the provision
234 of child welfare services pursuant to chapter 39.
235 (3) CHILD WELFARE TRAINING PROGRAM.—The department shall
236 establish a child welfare training program for training pursuant
237 to the provisions of this section, and all persons providing
238 child welfare services in this state must demonstrate core
239 competency by earning and maintaining child welfare
240 certification shall be required to participate in and
241 successfully complete the program of training pertinent to their
242 areas of responsibility.
243 (4) CHILD WELFARE TRAINING TRUST FUND.—
244 (a) There is created within the State Treasury a Child
245 Welfare Training Trust Fund to be used by the department of
246 Children and Family Services for the purpose of funding a
247 comprehensive system of child welfare training, including the
248 securing of consultants to develop the system and the developing
249 of child welfare training academies for that include the
250 participation of persons providing child welfare services.
251 (b) One dollar from every noncriminal traffic infraction
252 collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be
253 deposited into the Child Welfare Training Trust Fund.
254 (c) In addition to the funds generated by paragraph (b),
255 the trust fund shall receive funds generated from an additional
256 fee on birth certificates and dissolution of marriage filings,
257 as specified in ss. 382.0255 and 28.101, respectively, and may
258 receive funds from any other public or private source.
259 (d) Funds that are not expended by the end of the budget
260 cycle or through a supplemental budget approved by the
261 department shall revert to the trust fund.
262 (5) CORE COMPETENCIES.—
263 (a) The department of Children and Family Services shall
264 establish the core competencies for a single integrated
265 curriculum that ensures that each person delivering child
266 welfare services obtains the knowledge, skills, and abilities to
267 competently carry out his or her work responsibilities. The This
268 curriculum may be a compilation of different development efforts
269 based on specific subsets of core competencies that are
270 integrated for a comprehensive curriculum required in the
271 provision of child welfare services in this state.
272 (b) The identification of these core competencies shall be
273 a collaborative effort by to include professionals who have with
274 expertise in child welfare services and providers that will be
275 affected by the curriculum, including to include, but not be
276 limited to, representatives from the community-based care lead
277 agencies, sheriffs’ offices conducting child protection
278 investigations, and child welfare legal services providers.
279 (c) Notwithstanding s. 287.057(5) and (22), the department
280 shall competitively solicit and contract for the development,
281 validation, and periodic evaluation of the training curricula
282 for the established single integrated curriculum. No more than
283 one training curriculum may be developed for each specific
284 subset of the core competencies.
285 (6) ADVANCED TRAINING.—The department of Children and
286 Family Services shall annually review examine the advanced
287 training that is needed by persons who deliver child welfare
288 services in the state. This review must consider examination
289 shall address whether the current advanced training provided
290 should be continued and shall include the development of plans
291 for incorporating any revisions to the advanced training which
292 are determined necessary. The review must This examination shall
293 be conducted in collaboration with professionals who have with
294 expertise in child welfare services and providers that will be
295 affected by the curriculum, including to include, but not be
296 limited to, representatives from the community-based care lead
297 agencies, sheriffs’ offices conducting child protection
298 investigations, and child welfare legal services providers.
299 (7) CERTIFICATION AND TRAINER QUALIFICATIONS.—
300 (a) The department shall designate a credentialing entity
301 to administer a statewide child welfare certification process
302 for child welfare services staff.
303 (b) The department shall, in collaboration with the
304 professionals and providers described in subsection (5) and the
305 designated credentialing entity, develop minimum standards for a
306 certification process that ensures that participants have
307 successfully attained the knowledge, skills, and abilities
308 necessary to competently carry out their work responsibilities
309 and shall develop minimum standards for trainer qualifications
310 which must be required of training academies in the offering of
311 the training curricula.
312 (c) Any person providing child welfare services must shall
313 be required to master the core competencies components of the
314 curriculum that are particular to that person’s work
315 responsibilities as demonstrated by obtaining child welfare
316 certification.
317 (8) ESTABLISHMENT OF TRAINING ACADEMIES AND TRAINER
318 QUALIFICATIONS.—The department shall establish child welfare
319 training academies and develop minimum trainer qualifications
320 for trainers at academies offering the curricula described in
321 subsection (5) as part of a comprehensive system of child
322 welfare training. In establishing a program of training program,
323 the department may contract for the operation of one or more
324 training academies to perform one or more of the following: to
325 offer one or more of the training curricula developed under
326 subsection (5); to administer the certification process; to
327 develop, validate, and periodically evaluate additional training
328 curricula determined to be necessary, including advanced
329 training that is specific to a region or contractor, or that
330 meets a particular training need; or to offer the additional
331 training curricula. The number, location, and timeframe for the
332 establishment of training academies shall be approved by the
333 Secretary of Children and Family Services, who shall ensure that
334 the goals for the core competencies and the single integrated
335 curriculum, the child welfare certification process, the trainer
336 qualifications, and the additional training needs are addressed.
337 Notwithstanding s. 287.057(5) and (22), the department shall
338 competitively solicit all training academy contracts.
339 (9) MODIFICATION OF CHILD WELFARE TRAINING.—The core
340 competencies determined pursuant to subsection (5), the minimum
341 standards for the child welfare certification process, and the
342 minimum standards for trainer qualifications established
343 pursuant to subsection (8) (7), must be submitted to the
344 appropriate substantive committees of the Senate and the House
345 of Representatives before competitively soliciting either the
346 development, validation, or periodic evaluation of the training
347 curricula or the training academy contracts.
348 (10) ADOPTION OF RULES.—The department of Children and
349 Family Services shall adopt rules necessary to administer carry
350 out the provisions of this section.
351 Section 4. Paragraph (g) of subsection (1) of section
352 429.14, Florida Statutes, is amended to read:
353 429.14 Administrative penalties.—
354 (1) In addition to the requirements of part II of chapter
355 408, the agency may deny, revoke, and suspend any license issued
356 under this part and impose an administrative fine in the manner
357 provided in chapter 120 against a licensee of an assisted living
358 facility for a violation of any provision of this part, part II
359 of chapter 408, or applicable rules, or for any of the following
360 actions by a licensee of an assisted living facility, for the
361 actions of any person subject to level 2 background screening
362 under s. 408.809, or for the actions of any facility employee:
363 (g) A determination that an employee, volunteer,
364 administrator, or owner, or person who otherwise has access to
365 the residents of a facility does not meet the criteria specified
366 in s. 435.03(2), and the owner or administrator has not taken
367 action to remove the person. Exemptions from disqualification
368 may be granted as set forth in s. 435.07. However, the agency
369 may not grant an exemption if the person has a record of a
370 felony or misdemeanor conviction for an offense of a violent or
371 sexual nature against a child or a vulnerable adult. If the
372 results of the screening show any disqualifying offense as set
373 forth in chapter 435, the facility may not hire that person
374 until the person has applied for an exemption from
375 disqualification and has been granted an exemption by the
376 licensing agency. No administrative action may be taken against
377 the facility if the person is granted an exemption.
378 Section 5. Section 429.174, Florida Statutes, is amended to
379 read:
380 429.174 Background screening; exemptions.—The owner or
381 administrator of an assisted living facility must conduct level
382 1 background screening, as set forth in chapter 435, on all
383 employees hired on or after October 1, 1998, who perform
384 personal services as defined in s. 429.02(16). The owner or
385 administrator of an assisted living facility must report the
386 results of the screening to the licensing agency before a person
387 may be employed at the assisted living facility. If the results
388 of the screening show any disqualifying offense as set forth in
389 chapter 435, the facility may not hire that person until the
390 person has applied for an exemption from disqualification and
391 has been granted an exemption by the agency. The agency may
392 exempt a person an individual from employment disqualification
393 as set forth in chapter 435; however, the agency may not grant
394 an exemption if the person has a record of a felony or
395 misdemeanor conviction for an offense of a violent or sexual
396 nature against a child or a vulnerable adult. Except as
397 otherwise provided in this section, a person Such persons shall
398 be considered as having met the this requirement for an
399 exemption if:
400 (1) Proof of compliance with level 1 screening requirements
401 obtained to meet any professional license requirements in this
402 state is provided and accompanied, under penalty of perjury, by
403 a copy of the person’s current professional license and an
404 affidavit of current compliance with the background screening
405 requirements.
406 (2) The person required to be screened has been
407 continuously employed in the same type of occupation for which
408 the person is seeking employment without a breach in service
409 which exceeds 180 days, and proof of compliance with the level 1
410 screening requirement which is no more than 2 years old is
411 provided. Proof of compliance shall be provided directly from
412 one employer or contractor to another, and not from the person
413 screened. Upon request, a copy of screening results shall be
414 provided by the employer retaining documentation of the
415 screening to the person screened.
416 (3) The person required to be screened is employed by a
417 corporation or business entity or related corporation or
418 business entity that owns, operates, or manages more than one
419 facility or agency licensed under this chapter, and for whom a
420 level 1 screening was conducted by the corporation or business
421 entity as a condition of initial or continued employment.
422 Section 6. Paragraphs (a) and (c) of subsection (1) and
423 subsection (3) of section 435.05, Florida Statutes, are amended
424 to read:
425 435.05 Requirements for covered employees.—Except as
426 otherwise provided by law, the following requirements shall
427 apply to covered employees:
428 (1)(a) Every person employed in a position for which
429 employment screening is required must, within 5 working days
430 after starting to work, submit to the employer a complete set of
431 information necessary to conduct a screening under this section.
432 The owner or administrator of a child care facility or an
433 assisted living facility must report the results of the
434 screening to the licensing agency before a person may be
435 employed at the facility. If the results of the screening show
436 any disqualifying offense as set forth in this chapter, the
437 facility may not hire that person until the person has applied
438 for an exemption from disqualification and has been granted an
439 exemption by the licensing agency.
440 (c) For level 2 screening, the employer or licensing agency
441 must submit the information necessary for screening to the
442 Florida Department of Law Enforcement within 5 working days
443 after receiving it. The Florida Department of Law Enforcement
444 will conduct a search of its criminal and juvenile records and
445 will request that the Federal Bureau of Investigation conduct a
446 search of its records for each employee for whom the request is
447 made. The Florida Department of Law Enforcement will respond to
448 the employer or licensing agency, and the employer or licensing
449 agency will inform the employee whether screening has revealed
450 disqualifying information. The owner or administrator of a child
451 care facility or an assisted living facility must report the
452 results of the screening to the agency before a person may be
453 employed at the facility. If the results of the screening show
454 any disqualifying offense as set forth in this chapter, the
455 facility may not hire that person until the person has applied
456 for an exemption from disqualification and has been granted an
457 exemption by the licensing agency.
458 (3) Each employer required to conduct level 2 background
459 screening must sign an affidavit annually or at the time of
460 license renewal, under penalty of perjury, stating that all
461 covered employees have been screened or are newly hired and are
462 awaiting the results of the required screening checks, except
463 that the employer must report the results of the screening to
464 the licensing agency before a person may be employed at a child
465 care facility or an assisted living facility. If the results of
466 the screening show any disqualifying offense as set forth in
467 this chapter, the facility may not hire that person until the
468 person has applied for an exemption from disqualification and
469 has been granted an exemption by the licensing agency.
470 Section 7. Section 435.07, Florida Statutes, is amended to
471 read:
472 435.07 Exemptions from disqualification.—Unless otherwise
473 provided by law, the provisions of this section shall apply to
474 exemptions from disqualification.
475 (1) For any employee otherwise disqualified from
476 employment, the appropriate licensing agency may grant, deny, or
477 revoke a general, limited, or conditional to any employee
478 otherwise disqualified from employment an exemption from
479 disqualification for:
480 (a) Felonies committed more than 5 3 years prior to the
481 date of disqualification for which the employee or applicant was
482 adjudicated and has completed the terms and conditions of the
483 sentence imposed;
484 (b) Misdemeanors prohibited under any of the Florida
485 Statutes cited in this chapter or under similar statutes of
486 other jurisdictions;
487 (c) Offenses that were felonies when committed but are now
488 misdemeanors;
489 (d) Findings of delinquency; or
490 (e) Commissions of acts of domestic violence as defined in
491 s. 741.30.
492
493 For the purposes of this subsection, the term “felonies” means
494 both felonies prohibited under any of the Florida Statutes cited
495 in this chapter or under similar statutes of other
496 jurisdictions.
497 (2) Persons employed by or who have applied for employment
498 with treatment providers who treat adolescents 13 years of age
499 and older who are disqualified from employment solely because of
500 crimes under s. 817.563, s. 893.13, or s. 893.147 may be
501 exempted from disqualification from employment pursuant to this
502 section without the 5-year 3-year waiting period.
503 (3) In order for a licensing agency department to grant an
504 exemption to any employee, the employee must demonstrate by
505 clear and convincing evidence that the employee should not be
506 disqualified from employment. Employees seeking an exemption
507 have the burden of setting forth sufficient evidence of
508 rehabilitation, including, but not limited to, the circumstances
509 surrounding the criminal incident for which an exemption is
510 sought, the time period that has elapsed since the incident, the
511 nature of the harm caused to the victim, and the history of the
512 employee since the incident, or any other evidence or
513 circumstances indicating that the employee will not present a
514 danger if continued employment is allowed. A licensing agency
515 may not consider an application for an exemption from
516 disqualification for a person seeking employment at a child care
517 facility or an assisted living facility until 5 years after the
518 completion of the terms and conditions of a sentence imposed,
519 whether served during actual imprisonment, probation, or parole.
520 The decision of the licensing agency department regarding an
521 exemption may be contested through the hearing procedures set
522 forth in chapter 120.
523 (4) Disqualification from employment under subsection (1)
524 may not be removed from, nor may an exemption be granted to, any
525 personnel who is found guilty of, regardless of adjudication, or
526 who has entered a plea of nolo contendere or guilty to, any
527 felony covered by s. 435.03 solely by reason of any pardon,
528 executive clemency, or restoration of civil rights.
529 (5) Exemptions granted by one licensing agency shall be
530 considered by subsequent licensing agencies, but are not binding
531 on the subsequent licensing agency.
532 (6) A licensing agency may adopt rules for the imposition
533 of conditions upon and the review or revocation of individual
534 exemptions from disqualification.
535 (7) A licensing agency may retain fingerprints submitted by
536 criminal and noncriminal justice agencies to the agency for a
537 criminal history background screening as provided by rule.
538 (8) The licensing agency shall review an exemption from
539 disqualification granted under this section every 3 years, at a
540 minimum, after the date upon which the exemption was granted to
541 ensure that the rehabilitation is still effective and that there
542 have been no additional disqualifying offenses.
543 (9) The licensing agency shall immediately revoke an
544 employee’s exemption from disqualification upon a determination
545 that the employee committed an additional disqualifying offense.
546 (10) Any licensing agency that grants an exemption from
547 disqualification for employment may adopt rules necessary for
548 the implementation of this section.
549 Section 8. Section 402.30501, Florida Statutes, is amended
550 to read:
551 402.30501 Modification of introductory child care course
552 for community college credit authorized.—The Department of
553 Children and Family Services may modify the 40-clock-hour
554 introductory course in child care under s. 402.305 or s.
555 402.3131 to meet the requirements of articulating the course to
556 community college credit. Any modification must continue to
557 provide that the course satisfies the requirements of s.
558 402.305(2)(c)(d).
559 Section 9. Paragraph (d) of subsection (5) of section
560 411.01, Florida Statutes, is amended to read:
561 411.01 School readiness programs; early learning
562 coalitions.—
563 (5) CREATION OF EARLY LEARNING COALITIONS.—
564 (d) Implementation.—
565 1. An early learning coalition may not implement the school
566 readiness program until the coalition is authorized through
567 approval of the coalition’s school readiness plan by the Agency
568 for Workforce Innovation.
569 2. Each early learning coalition shall develop a plan for
570 implementing the school readiness program to meet the
571 requirements of this section and the performance standards and
572 outcome measures adopted by the Agency for Workforce Innovation.
573 The plan must demonstrate how the program will ensure that each
574 3-year-old and 4-year-old child in a publicly funded school
575 readiness program receives scheduled activities and instruction
576 designed to enhance the age-appropriate progress of the children
577 in attaining the performance standards adopted by the Agency for
578 Workforce Innovation under subparagraph (4)(d)8. Before
579 implementing the school readiness program, the early learning
580 coalition must submit the plan to the Agency for Workforce
581 Innovation for approval. The Agency for Workforce Innovation may
582 approve the plan, reject the plan, or approve the plan with
583 conditions. The Agency for Workforce Innovation shall review
584 school readiness plans at least annually.
585 3. If the Agency for Workforce Innovation determines during
586 the annual review of school readiness plans, or through
587 monitoring and performance evaluations conducted under paragraph
588 (4)(l), that an early learning coalition has not substantially
589 implemented its plan, has not substantially met the performance
590 standards and outcome measures adopted by the agency, or has not
591 effectively administered the school readiness program or
592 Voluntary Prekindergarten Education Program, the Agency for
593 Workforce Innovation may dissolve the coalition and temporarily
594 contract with a qualified entity to continue school readiness
595 and prekindergarten services in the coalition’s county or
596 multicounty region until the coalition is reestablished through
597 resubmission of a school readiness plan and approval by the
598 agency.
599 4. The Agency for Workforce Innovation shall adopt criteria
600 for the approval of school readiness plans. The criteria must be
601 consistent with the performance standards and outcome measures
602 adopted by the agency and must require each approved plan to
603 include the following minimum standards and provisions:
604 a. A sliding fee scale establishing a copayment for parents
605 based upon their ability to pay, which is the same for all
606 program providers, to be implemented and reflected in each
607 program’s budget.
608 b. A choice of settings and locations in licensed,
609 registered, religious-exempt, or school-based programs to be
610 provided to parents.
611 c. Instructional staff who have completed the training
612 course as required in s. 402.305(2)(c)(d)1., as well as staff
613 who have additional training or credentials as required by the
614 Agency for Workforce Innovation. The plan must provide a method
615 for assuring the qualifications of all personnel in all program
616 settings.
617 d. Specific eligibility priorities for children within the
618 early learning coalition’s county or multicounty region in
619 accordance with subsection (6).
620 e. Performance standards and outcome measures adopted by
621 the Agency for Workforce Innovation.
622 f. Payment rates adopted by the early learning coalition
623 and approved by the Agency for Workforce Innovation. Payment
624 rates may not have the effect of limiting parental choice or
625 creating standards or levels of services that have not been
626 authorized by the Legislature.
627 g. Systems support services, including a central agency,
628 child care resource and referral, eligibility determinations,
629 training of providers, and parent support and involvement.
630 h. Direct enhancement services to families and children.
631 System support and direct enhancement services shall be in
632 addition to payments for the placement of children in school
633 readiness programs.
634 i. The business organization of the early learning
635 coalition, which must include the coalition’s articles of
636 incorporation and bylaws if the coalition is organized as a
637 corporation. If the coalition is not organized as a corporation
638 or other business entity, the plan must include the contract
639 with a fiscal agent. An early learning coalition may contract
640 with other coalitions to achieve efficiency in multicounty
641 services, and these contracts may be part of the coalition’s
642 school readiness plan.
643 j. Strategies to meet the needs of unique populations, such
644 as migrant workers.
645
646 As part of the school readiness plan, the early learning
647 coalition may request the Governor to apply for a waiver to
648 allow the coalition to administer the Head Start Program to
649 accomplish the purposes of the school readiness program. If a
650 school readiness plan demonstrates that specific statutory goals
651 can be achieved more effectively by using procedures that
652 require modification of existing rules, policies, or procedures,
653 a request for a waiver to the Agency for Workforce Innovation
654 may be submitted as part of the plan. Upon review, the Agency
655 for Workforce Innovation may grant the proposed modification.
656 5. Persons with an early childhood teaching certificate may
657 provide support and supervision to other staff in the school
658 readiness program.
659 6. An early learning coalition may not implement its school
660 readiness plan until it submits the plan to and receives
661 approval from the Agency for Workforce Innovation. Once the plan
662 is approved, the plan and the services provided under the plan
663 shall be controlled by the early learning coalition. The plan
664 shall be reviewed and revised as necessary, but at least
665 biennially. An early learning coalition may not implement the
666 revisions until the coalition submits the revised plan to and
667 receives approval from the Agency for Workforce Innovation. If
668 the Agency for Workforce Innovation rejects a revised plan, the
669 coalition must continue to operate under its prior approved
670 plan.
671 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not
672 apply to an early learning coalition with an approved school
673 readiness plan. To facilitate innovative practices and to allow
674 the regional establishment of school readiness programs, an
675 early learning coalition may apply to the Governor and Cabinet
676 for a waiver of, and the Governor and Cabinet may waive, any of
677 the provisions of ss. 411.223, 411.232, and 1003.54, if the
678 waiver is necessary for implementation of the coalition’s school
679 readiness plan.
680 8. Two or more counties may join for purposes of planning
681 and implementing a school readiness program.
682 9. An early learning coalition may, subject to approval by
683 the Agency for Workforce Innovation as part of the coalition’s
684 school readiness plan, receive subsidized child care funds for
685 all children eligible for any federal subsidized child care
686 program.
687 10. An early learning coalition may enter into multiparty
688 contracts with multicounty service providers in order to meet
689 the needs of unique populations such as migrant workers.
690 Section 10. Paragraphs (c) and (g) of subsection (3) of
691 section 1002.55, Florida Statutes, are amended to read:
692 1002.55 School-year prekindergarten program delivered by
693 private prekindergarten providers.—
694 (3) To be eligible to deliver the prekindergarten program,
695 a private prekindergarten provider must meet each of the
696 following requirements:
697 (c) The private prekindergarten provider must have, for
698 each prekindergarten class, at least one prekindergarten
699 instructor who meets each of the following requirements:
700 1. The prekindergarten instructor must hold, at a minimum,
701 one of the following credentials:
702 a. A child development associate credential issued by the
703 National Credentialing Program of the Council for Professional
704 Recognition; or
705 b. A credential approved by the Department of Children and
706 Family Services as being equivalent to or greater than the
707 credential described in sub-subparagraph a.
708
709 The Department of Children and Family Services may adopt rules
710 under ss. 120.536(1) and 120.54 which provide criteria and
711 procedures for approving equivalent credentials under sub
712 subparagraph b.
713 2. The prekindergarten instructor must successfully
714 complete an emergent literacy training course approved by the
715 department as meeting or exceeding the minimum standards adopted
716 under s. 1002.59. This subparagraph does not apply to a
717 prekindergarten instructor who successfully completes approved
718 training in early literacy and language development under s.
719 402.305(2)(c)(d)5., s. 402.313(6), or s. 402.3131(5) before the
720 establishment of one or more emergent literacy training courses
721 under s. 1002.59 or April 1, 2005, whichever occurs later.
722 (g) Before the beginning of the 2006-2007 school year, the
723 private prekindergarten provider must have a prekindergarten
724 director who has a prekindergarten director credential that is
725 approved by the department as meeting or exceeding the minimum
726 standards adopted under s. 1002.57. Successful completion of a
727 child care facility director credential under s.
728 402.305(2)(e)(f) before the establishment of the prekindergarten
729 director credential under s. 1002.57 or July 1, 2006, whichever
730 occurs later, satisfies the requirement for a prekindergarten
731 director credential under this paragraph.
732 Section 11. Subsections (3) and (4) of section 1002.57,
733 Florida Statutes, are amended to read:
734 1002.57 Prekindergarten director credential.—
735 (3) The prekindergarten director credential must meet or
736 exceed the requirements of the Department of Children and Family
737 Services for the child care facility director credential under
738 s. 402.305(2)(e)(f), and successful completion of the
739 prekindergarten director credential satisfies these requirements
740 for the child care facility director credential.
741 (4) The department shall, to the maximum extent
742 practicable, award credit to a person who successfully completes
743 the child care facility director credential under s.
744 402.305(2)(e)(f) for those requirements of the prekindergarten
745 director credential which are duplicative of requirements for
746 the child care facility director credential.
747 Section 12. Section 1002.59, Florida Statutes, is amended
748 to read:
749 1002.59 Emergent literacy training courses.—By April 1,
750 2005, the department shall adopt minimum standards for one or
751 more training courses in emergent literacy for prekindergarten
752 instructors. Each course must comprise 5 clock hours and provide
753 instruction in strategies and techniques to address the age
754 appropriate progress of prekindergarten students in developing
755 emergent literacy skills, including oral communication,
756 knowledge of print and letters, phonemic and phonological
757 awareness, and vocabulary and comprehension development. Each
758 course must also provide resources containing strategies that
759 allow students with disabilities and other special needs to
760 derive maximum benefit from the Voluntary Prekindergarten
761 Education Program. Successful completion of an emergent literacy
762 training course approved under this section satisfies
763 requirements for approved training in early literacy and
764 language development under ss. 402.305(2)(c)(d)5., 402.313(6),
765 and 402.3131(5).
766 Section 13. For the purpose of incorporating the amendment
767 made by this act to section 402.305, Florida Statutes, in a
768 reference thereto, subsection (3) of section 402.302, Florida
769 Statutes, is reenacted to read:
770 402.302 Definitions.—
771 (3) “Child care personnel” means all owners, operators,
772 employees, and volunteers working in a child care facility. The
773 term does not include persons who work in a child care facility
774 after hours when children are not present or parents of children
775 in Head Start. For purposes of screening, the term includes any
776 member, over the age of 12 years, of a child care facility
777 operator’s family, or person, over the age of 12 years, residing
778 with a child care facility operator if the child care facility
779 is located in or adjacent to the home of the operator or if the
780 family member of, or person residing with, the child care
781 facility operator has any direct contact with the children in
782 the facility during its hours of operation. Members of the
783 operator’s family or persons residing with the operator who are
784 between the ages of 12 years and 18 years shall not be required
785 to be fingerprinted but shall be screened for delinquency
786 records. For purposes of screening, the term shall also include
787 persons who work in child care programs which provide care for
788 children 15 hours or more each week in public or nonpublic
789 schools, summer day camps, family day care homes, or those
790 programs otherwise exempted under s. 402.316. The term does not
791 include public or nonpublic school personnel who are providing
792 care during regular school hours, or after hours for activities
793 related to a school’s program for grades kindergarten through
794 12. A volunteer who assists on an intermittent basis for less
795 than 40 hours per month is not included in the term “personnel”
796 for the purposes of screening and training, provided that the
797 volunteer is under direct and constant supervision by persons
798 who meet the personnel requirements of s. 402.305(2). Students
799 who observe and participate in a child care facility as a part
800 of their required coursework shall not be considered child care
801 personnel, provided such observation and participation are on an
802 intermittent basis and the students are under direct and
803 constant supervision of child care personnel.
804 Section 14. For the purpose of incorporating the amendment
805 made by this act to section 402.305, Florida Statutes, in
806 references thereto, paragraphs (b), (d), and (g) of subsection
807 (2) of section 402.3055, Florida Statutes, are reenacted to
808 read:
809 402.3055 Child care personnel requirements.—
810 (2) EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY
811 A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM; HEARINGS
812 PROVIDED.—
813 (b) When the department or the local licensing agency has
814 reasonable cause to believe that grounds for denial or
815 termination of employment exist, it shall notify, in writing,
816 the applicant, licensee, or other child care program and the
817 child care personnel affected, stating the specific record which
818 indicates noncompliance with the standards in s. 402.305(2).
819 (d) When a local licensing agency is the agency initiating
820 the statement regarding noncompliance of an employee with the
821 standards contained in s. 402.305(2), the employee, applicant,
822 licensee, or other child care program has 15 days from the time
823 of written notification of the agency’s finding to make a
824 written request for a hearing. If a request for a hearing is not
825 received in that time, the permanent employee, applicant,
826 licensee, or other child care program is presumed to accept the
827 finding.
828 (g) Refusal on the part of an applicant or licensee to
829 dismiss child care personnel who have been found to be in
830 noncompliance with personnel standards of s. 402.305(2) shall
831 result in automatic denial or revocation of the license in
832 addition to any other remedies pursued by the department or
833 local licensing agency.
834 Section 15. For the purpose of incorporating the amendment
835 made by this act to section 402.305, Florida Statutes, in a
836 reference thereto, section 402.3057, Florida Statutes, is
837 reenacted to read:
838 402.3057 Persons not required to be refingerprinted or
839 rescreened.—Any provision of law to the contrary
840 notwithstanding, human resource personnel who have been
841 fingerprinted or screened pursuant to chapters 393, 394, 397,
842 402, and 409, and teachers and noninstructional personnel who
843 have been fingerprinted pursuant to chapter 1012, who have not
844 been unemployed for more than 90 days thereafter, and who under
845 the penalty of perjury attest to the completion of such
846 fingerprinting or screening and to compliance with the
847 provisions of this section and the standards for good moral
848 character as contained in such provisions as ss. 110.1127(3),
849 393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
850 shall not be required to be refingerprinted or rescreened in
851 order to comply with any caretaker screening or fingerprinting
852 requirements.
853 Section 16. For the purpose of incorporating the amendment
854 made by this act to section 402.305, Florida Statutes, in
855 references thereto, paragraph (d) of subsection (3) and
856 paragraph (d) of subsection (4) of section 402.308, Florida
857 Statutes, are reenacted to read:
858 402.308 Issuance of license.—
859 (3) STATE ADMINISTRATION OF LICENSING.—In any county in
860 which the department has the authority to issue licenses, the
861 following procedures shall be applied:
862 (d) The department shall issue or renew a license upon
863 receipt of the license fee and upon being satisfied that all
864 standards required by ss. 402.301-402.319 have been met. A
865 license may be issued if all the screening materials have been
866 timely submitted; however, a license may not be issued or
867 renewed if any of the child care personnel at the applicant
868 facility have failed the screening required by ss. 402.305(2)
869 and 402.3055.
870 (4) LOCAL ADMINISTRATION OF LICENSING.—In any county in
871 which there is a local licensing agency approved by the
872 department, the following procedures shall apply:
873 (d) The local licensing agency shall issue a license or
874 renew a license upon being satisfied that all standards required
875 by ss. 402.301-402.319 have been met. A license may be issued or
876 renewed if all the screening materials have been timely
877 submitted; however, the local licensing agency shall not issue
878 or renew a license if any of the child care personnel at the
879 applicant facility have failed the screening required by ss.
880 402.305(2) and 402.3055.
881 Section 17. For the purpose of incorporating the amendment
882 made by this act to section 402.305, Florida Statutes, in a
883 reference thereto, subsection (3) of section 402.313, Florida
884 Statutes, is reenacted to read:
885 402.313 Family day care homes.—
886 (3) Child care personnel in family day care homes shall be
887 subject to the applicable screening provisions contained in ss.
888 402.305(2) and 402.3055. For purposes of screening in family day
889 care homes, the term includes any member over the age of 12
890 years of a family day care home operator’s family, or persons
891 over the age of 12 years residing with the operator in the
892 family day care home. Members of the operator’s family, or
893 persons residing with the operator, who are between the ages of
894 12 years and 18 years shall not be required to be fingerprinted,
895 but shall be screened for delinquency records.
896 Section 18. For the purpose of incorporating the amendment
897 made by this act to section 402.305, Florida Statutes, in a
898 reference thereto, subsection (2) of section 402.3131, Florida
899 Statutes, is reenacted to read:
900 402.3131 Large family child care homes.—
901 (2) Child care personnel in large family child care homes
902 shall be subject to the applicable screening provisions
903 contained in ss. 402.305(2) and 402.3055. For purposes of
904 screening child care personnel in large family child care homes,
905 the term “child care personnel” includes any member of a large
906 family child care home operator’s family 12 years of age or
907 older, or any person 12 years of age or older residing with the
908 operator in the large family child care home. Members of the
909 operator’s family, or persons residing with the operator, who
910 are between the ages of 12 years and 18 years, inclusive, shall
911 not be required to be fingerprinted, but shall be screened for
912 delinquency records.
913 Section 19. For the purpose of incorporating the amendment
914 made by this act to section 402.305, Florida Statutes, in a
915 reference thereto, section 409.1757, Florida Statutes, is
916 reenacted to read:
917 409.1757 Persons not required to be refingerprinted or
918 rescreened.—Any provision of law to the contrary
919 notwithstanding, human resource personnel who have been
920 fingerprinted or screened pursuant to chapters 393, 394, 397,
921 402, and this chapter, and teachers who have been fingerprinted
922 pursuant to chapter 1012, who have not been unemployed for more
923 than 90 days thereafter, and who under the penalty of perjury
924 attest to the completion of such fingerprinting or screening and
925 to compliance with the provisions of this section and the
926 standards for good moral character as contained in such
927 provisions as ss. 110.1127(3), 393.0655(1), 394.457(6), 397.451,
928 402.305(2), and 409.175(6), shall not be required to be
929 refingerprinted or rescreened in order to comply with any
930 caretaker screening or fingerprinting requirements.
931 Section 20. This act shall take effect July 1, 2010.