Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1722
       
       
       
       
       
                                Barcode 428226                          
       
       576-04535-13                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to early learning; creating s.
    3         1001.213, F.S.; creating the Office of Early Learning
    4         within the Department of Education’s Office of
    5         Independent Education and Parental Choice; providing
    6         duties relating to the establishment and operation of
    7         the school readiness program and the Voluntary
    8         Prekindergarten Education Program; amending s.
    9         1002.51, F.S.; conforming a cross-reference; providing
   10         a definition; amending s. 1002.53, F.S.; clarifying
   11         Voluntary Prekindergarten Education Program student
   12         enrollment provisions; amending s. 1002.55, F.S.;
   13         providing additional requirements for private
   14         prekindergarten providers and instructors; providing
   15         duties of the office; amending s. 1002.57, F.S.;
   16         requiring the office to adopt standards for a
   17         prekindergarten director credential; amending s.
   18         1002.59, F.S.; requiring the office to adopt standards
   19         for training courses; amending s. 1002.61, F.S.;
   20         providing a requirement for a public school delivering
   21         the summer prekindergarten program; amending s.
   22         1002.63, F.S.; providing a requirement for a public
   23         school delivering the school-year prekindergarten
   24         program; amending s. 1002.66, F.S.; deleting obsolete
   25         provisions; amending s. 1002.67, F.S.; requiring the
   26         office to adopt performance standards for students in
   27         the Voluntary Prekindergarten Education Program and
   28         approve curricula; revising provisions relating to
   29         removal of provider eligibility, submission of an
   30         improvement plan, and required corrective actions;
   31         amending s. 1002.69, F.S.; providing duties of the
   32         office relating to statewide kindergarten screening,
   33         kindergarten readiness rates, and good cause
   34         exemptions for providers; amending s. 1002.71, F.S.;
   35         revising provisions relating to payment of funds to
   36         providers; amending s. 1002.72, F.S.; providing for
   37         the release of Voluntary Prekindergarten Education
   38         Program student records for the purpose of
   39         investigations; amending s. 1002.75, F.S.; revising
   40         duties of the office for administering the Voluntary
   41         Prekindergarten Education Program; amending s.
   42         1002.77, F.S.; revising provisions relating to the
   43         Florida Early Learning Advisory Council; amending s.
   44         1002.79, F.S.; deleting certain State Board of
   45         Education rulemaking authority for the Voluntary
   46         Prekindergarten Education Program; creating part VI of
   47         ch. 1002, F.S., consisting of ss. 1002.81-1002.96,
   48         relating to the school readiness program; providing
   49         definitions; providing powers and duties of the Office
   50         of Early Learning; providing for early learning
   51         coalitions; providing early learning coalition powers
   52         and duties for the school readiness program; providing
   53         requirements for early learning coalition plans;
   54         providing a school readiness program education
   55         component; providing school readiness program
   56         eligibility and enrollment requirements; providing
   57         school readiness program provider standards and
   58         eligibility to deliver the school readiness program;
   59         providing school readiness program funding; providing
   60         a market rate schedule; providing for the
   61         investigation of fraud or overpayment; providing
   62         penalties; providing for child care and early
   63         childhood resource and referral; providing for school
   64         readiness program transportation services; providing
   65         for the Child Care Executive Partnership Program;
   66         providing for the Teacher Education and Compensation
   67         Helps scholarship program; providing for Early Head
   68         Start collaboration grants; transferring, renumbering,
   69         and amending s. 411.011, F.S., relating to the
   70         confidentiality of records of children in the school
   71         readiness program; revising provisions with respect to
   72         the release of records; amending s. 11.45, F.S.;
   73         conforming a cross-reference; amending s. 20.15, F.S.;
   74         conforming provisions; amending s. 196.198, F.S.;
   75         revising provisions relating to educational property
   76         tax exemption; amending s. 216.136, F.S.; conforming a
   77         cross-reference; amending s. 402.281, F.S.; revising
   78         requirements relating to receipt of a Gold Seal
   79         Quality Care designation; amending s. 402.302, F.S.;
   80         conforming a cross-reference; amending s. 402.305,
   81         F.S.; providing that certain child care after-school
   82         programs may provide meals through a federal program;
   83         amending ss. 445.023, 490.014, and 491.014, F.S.;
   84         conforming cross-references; amending s. 1001.11,
   85         F.S.; providing a duty of the Commissioner of
   86         Education relating to early learning programs;
   87         repealing s. 411.01, F.S., relating to the school
   88         readiness program and early learning coalitions;
   89         repealing s. 411.0101, F.S., relating to child care
   90         and early childhood resource and referral; repealing
   91         s. 411.01013, F.S., relating to the prevailing market
   92         rate schedule; repealing s. 411.01014, F.S., relating
   93         to school readiness transportation services; repealing
   94         s. 411.01015, F.S., relating to consultation to child
   95         care centers and family day care homes; repealing s.
   96         411.0102, F.S., relating to the Child Care Executive
   97         Partnership Act; repealing s. 411.0103, F.S., relating
   98         to the Teacher Education and Compensation Helps
   99         scholarship program; repealing s. 411.0104, relating
  100         to Early Head Start collaboration grants; repealing s.
  101         411.0105, F.S., relating to the Early Learning
  102         Opportunities Act and Even Start Family Literacy
  103         Programs; repealing s. 411.0106, F.S., relating to
  104         infants and toddlers in state-funded education and
  105         care programs; authorizing specified positions for the
  106         Office of Early Learning; requiring the office to
  107         develop a reorganization plan for the office and
  108         submit the plan to the Governor and the Legislature;
  109         providing an effective date.
  110  
  111  Be It Enacted by the Legislature of the State of Florida:
  112  
  113         Section 1. Section 1001.213, Florida Statutes, is created
  114  to read:
  115         1001.213 Office of Early Learning.—The Office of Early
  116  Learning is created within the Department of Education’s Office
  117  of Independent Education and Parental Choice. The Office of
  118  Early Learning, which shall be administered by an executive
  119  director, is fully accountable to the Commissioner of Education
  120  but shall:
  121         (1) Independently exercise all powers, duties, and
  122  functions prescribed by law and shall not be construed as part
  123  of the K-20 education system.
  124         (2) Adopt rules for the establishment and operation of the
  125  school readiness program and the Voluntary Prekindergarten
  126  Education Program. The office shall submit the rules to the
  127  State Board of Education for approval or disapproval. If the
  128  state board does not act on a rule within 60 days after receipt,
  129  the rule shall be filed immediately with the Department of
  130  State.
  131         (3) In compliance with part VI of chapter 1002 and its
  132  powers and duties under s. 1002.82, administer the school
  133  readiness program at the state level for the state’s eligible
  134  population described in s. 1002.87 and provide guidance to early
  135  learning coalitions in the implementation of the program.
  136         (4) In compliance with parts V and VI of chapter 1002 and
  137  its powers and duties under s. 1002.75, administer the Voluntary
  138  Prekindergarten Education Program at the state level.
  139         (5) Administer the operational requirements of the child
  140  care resource and referral network at the state level.
  141         (6) Keep administrative staff to the minimum necessary to
  142  administer the duties of the office.
  143         Section 2. Subsection (4) of section 1002.51, Florida
  144  Statutes, is amended, and subsection (8) is added to that
  145  section, to read:
  146         1002.51 Definitions.—As used in this part, the term:
  147         (4) “Early learning coalition” or “coalition” means an
  148  early learning coalition created under s. 1002.83 411.01.
  149         (8) “Office” means the Office of Early Learning within the
  150  Department of Education’s Office of Independent Education and
  151  Parental Choice.
  152         Section 3. Paragraph (a) of subsection (4) and paragraph
  153  (b) of subsection (6) of section 1002.53, Florida Statutes, are
  154  amended to read:
  155         1002.53 Voluntary Prekindergarten Education Program;
  156  eligibility and enrollment.—
  157         (4)(a) Each parent enrolling a child in the Voluntary
  158  Prekindergarten Education Program must complete and submit an
  159  application to the early learning coalition through the single
  160  point of entry established under s. 1002.82 411.01.
  161         (6)(b) A parent may enroll his or her child with any public
  162  school within the school district which is eligible to deliver
  163  the Voluntary Prekindergarten Education Program under this part,
  164  subject to available space. Each school district may limit the
  165  number of students admitted by any public school for enrollment
  166  in the school-year program; however, the school district must
  167  provide for the admission of every eligible child within the
  168  district whose parent enrolls the child in a summer
  169  prekindergarten program delivered by a public school under s.
  170  1002.61.
  171         Section 4. Paragraphs (c) and (g) of subsection (3) of
  172  section 1002.55, Florida Statutes, are amended, present
  173  paragraph (i) of that subsection is redesignated as paragraph
  174  (m), and new paragraphs (i), (j), (k), and (l) are added to that
  175  subsection, to read:
  176         1002.55 School-year prekindergarten program delivered by
  177  private prekindergarten providers.—
  178         (3) To be eligible to deliver the prekindergarten program,
  179  a private prekindergarten provider must meet each of the
  180  following requirements:
  181         (c) The private prekindergarten provider must have, for
  182  each prekindergarten class of 11 children or fewer, at least one
  183  prekindergarten instructor who meets each of the following
  184  requirements:
  185         1. The prekindergarten instructor must hold, at a minimum,
  186  one of the following credentials:
  187         a. A child development associate credential issued by the
  188  National Credentialing Program of the Council for Professional
  189  Recognition; or
  190         b. A credential approved by the Department of Children and
  191  Families Family Services as being equivalent to or greater than
  192  the credential described in sub-subparagraph a.
  193  
  194  The Department of Children and Families Family Services may
  195  adopt rules under ss. 120.536(1) and 120.54 which provide
  196  criteria and procedures for approving equivalent credentials
  197  under sub-subparagraph b.
  198         2. The prekindergarten instructor must successfully
  199  complete an emergent literacy training course and a student
  200  performance standards training course approved by the office
  201  department as meeting or exceeding the minimum standards adopted
  202  under s. 1002.59. The requirement for completion of the
  203  standards training course shall take effect July 1, 2014, and
  204  the course shall be available online. This subparagraph does not
  205  apply to a prekindergarten instructor who successfully completes
  206  approved training in early literacy and language development
  207  under s. 402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5)
  208  before the establishment of one or more emergent literacy
  209  training courses under s. 1002.59 or April 1, 2005, whichever
  210  occurs later.
  211         (g) Before the beginning of the 2006-2007 school year, The
  212  private prekindergarten provider must have a prekindergarten
  213  director who has a prekindergarten director credential that is
  214  approved by the office department as meeting or exceeding the
  215  minimum standards adopted under s. 1002.57. Successful
  216  completion of a child care facility director credential under s.
  217  402.305(2)(f) before the establishment of the prekindergarten
  218  director credential under s. 1002.57 or July 1, 2006, whichever
  219  occurs later, satisfies the requirement for a prekindergarten
  220  director credential under this paragraph.
  221         (i) The private prekindergarten provider must execute the
  222  statewide provider contract prescribed under s. 1002.75, except
  223  that an individual who owns or operates multiple private
  224  prekindergarten providers within a coalition’s service area may
  225  execute a single agreement with the coalition on behalf of each
  226  provider.
  227         (j) The private prekindergarten provider must maintain
  228  general liability insurance and provide the coalition with
  229  written evidence of general liability insurance coverage,
  230  including coverage for transportation of children if
  231  prekindergarten students are transported by the provider. A
  232  provider must obtain and retain an insurance policy that
  233  provides a minimum of $100,000 of coverage per occurrence and a
  234  minimum of $300,000 general aggregate coverage. The office may
  235  authorize lower limits upon request, as appropriate. A provider
  236  must add the coalition as a named certificateholder and as an
  237  additional insured. A provider must provide the coalition with a
  238  minimum of 10 calendar days’ advance written notice of
  239  cancellation of or changes to coverage. The general liability
  240  insurance required by this paragraph must remain in full force
  241  and effect for the entire period of the provider contract with
  242  the coalition.
  243         (k) The private prekindergarten provider must obtain and
  244  maintain any required workers’ compensation insurance under
  245  chapter 440 and any required reemployment assistance or
  246  unemployment compensation coverage under chapter 443.
  247         (l) Notwithstanding paragraph (j), for a private
  248  prekindergarten provider that is a state agency or a subdivision
  249  thereof, as defined in s. 768.28(2), the provider must agree to
  250  notify the coalition of any additional liability coverage
  251  maintained by the provider in addition to that otherwise
  252  established under s. 768.28. The provider shall indemnify the
  253  coalition to the extent permitted by s. 768.28.
  254         Section 5. Subsection (1) of section 1002.57, Florida
  255  Statutes, is amended to read:
  256         1002.57 Prekindergarten director credential.—
  257         (1) By July 1, 2006, The office, in consultation with the
  258  Department of Children and Families, department shall adopt
  259  minimum standards for a credential for prekindergarten directors
  260  of private prekindergarten providers delivering the Voluntary
  261  Prekindergarten Education Program. The credential must encompass
  262  requirements for education and onsite experience.
  263         Section 6. Section 1002.59, Florida Statutes, is amended to
  264  read:
  265         1002.59 Emergent literacy and performance standards
  266  training courses.—
  267         (1)By April 1, 2005, The office department shall adopt
  268  minimum standards for one or more training courses in emergent
  269  literacy for prekindergarten instructors. Each course must
  270  comprise 5 clock hours and provide instruction in strategies and
  271  techniques to address the age-appropriate progress of
  272  prekindergarten students in developing emergent literacy skills,
  273  including oral communication, knowledge of print and letters,
  274  phonemic and phonological awareness, and vocabulary and
  275  comprehension development. Each course must also provide
  276  resources containing strategies that allow students with
  277  disabilities and other special needs to derive maximum benefit
  278  from the Voluntary Prekindergarten Education Program. Successful
  279  completion of an emergent literacy training course approved
  280  under this section satisfies requirements for approved training
  281  in early literacy and language development under ss.
  282  402.305(2)(d)5., 402.313(6), and 402.3131(5).
  283         (2) The office shall adopt minimum standards for one or
  284  more training courses on the performance standards adopted under
  285  s. 1002.67(1). Each course must comprise at least 3 clock hours,
  286  provide instruction in strategies and techniques to address age
  287  appropriate progress of each child in attaining the standards,
  288  and be available online.
  289         Section 7. Subsections (3), (4), and (8) of section
  290  1002.61, Florida Statutes, are amended to read:
  291         1002.61 Summer prekindergarten program delivered by public
  292  schools and private prekindergarten providers.—
  293         (3)(a) Each district school board shall determine which
  294  public schools in the school district are eligible to deliver
  295  the summer prekindergarten program. The school district shall
  296  use educational facilities available in the public schools
  297  during the summer term for the summer prekindergarten program.
  298         (b) Each public school delivering the summer
  299  prekindergarten program must execute the statewide provider
  300  contract prescribed under s. 1002.75, except that the school
  301  district may execute a single agreement with the early learning
  302  coalition on behalf of all district schools.
  303         (c)(b) Except as provided in this section, to be eligible
  304  to deliver the summer prekindergarten program, a private
  305  prekindergarten provider must meet each requirement in s.
  306  1002.55.
  307         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
  308  each public school and private prekindergarten provider must
  309  have, for each prekindergarten class, at least one
  310  prekindergarten instructor who:
  311         (a) is a certified teacher; or
  312         (b) holds one of the educational credentials specified in
  313  s. 1002.55(4)(a) or (b). As used in this subsection, the term
  314  “certified teacher” means a teacher holding a valid Florida
  315  educator certificate under s. 1012.56 who has the qualifications
  316  required by the district school board to instruct students in
  317  the summer prekindergarten program. In selecting instructional
  318  staff for the summer prekindergarten program, each school
  319  district shall give priority to teachers who have experience or
  320  coursework in early childhood education.
  321         (8) Each public school delivering the summer
  322  prekindergarten program must also:
  323         (a) register with the early learning coalition on forms
  324  prescribed by the Office of Early Learning; and
  325         (b) deliver the Voluntary Prekindergarten Education Program
  326  in accordance with this part.
  327         Section 8. Subsections (3) and (8) of section 1002.63,
  328  Florida Statutes, are amended to read:
  329         1002.63 School-year prekindergarten program delivered by
  330  public schools.—
  331         (3)(a) The district school board of each school district
  332  shall determine which public schools in the district may deliver
  333  the prekindergarten program during the school year.
  334         (b) Each public school delivering the school-year
  335  prekindergarten program must execute the statewide provider
  336  contract prescribed under s. 1002.75, except that the school
  337  district may execute a single agreement with the early learning
  338  coalition on behalf of all district schools.
  339         (8) Each public school delivering the school-year
  340  prekindergarten program must:
  341         (a) register with the early learning coalition on forms
  342  prescribed by the Office of Early Learning; and
  343         (b) deliver the Voluntary Prekindergarten Education Program
  344  in accordance with this part.
  345         Section 9. Subsection (1) of section 1002.66, Florida
  346  Statutes, is amended to read:
  347         1002.66 Specialized instructional services for children
  348  with disabilities.—
  349         (1) Beginning with the 2012-2013 school year, A child who
  350  has a disability and enrolls with the early learning coalition
  351  under s. 1002.53(3)(d) is eligible for specialized instructional
  352  services if:
  353         (a) The child is eligible for the Voluntary Prekindergarten
  354  Education Program under s. 1002.53; and
  355         (b) A current individual educational plan has been
  356  developed for the child by the local school board in accordance
  357  with rules of the State Board of Education.
  358         Section 10. Subsection (1), paragraph (c) of subsection
  359  (2), and subsection (4) of section 1002.67, Florida Statutes,
  360  are amended to read:
  361         1002.67 Performance standards; curricula and
  362  accountability.—
  363         (1)(a) The office department shall develop and adopt
  364  performance standards for students in the Voluntary
  365  Prekindergarten Education Program. The performance standards
  366  must address the age-appropriate progress of students in the
  367  development of:
  368         1. The capabilities, capacities, and skills required under
  369  s. 1(b), Art. IX of the State Constitution; and
  370         2. Emergent literacy skills, including oral communication,
  371  knowledge of print and letters, phonemic and phonological
  372  awareness, and vocabulary and comprehension development.
  373  
  374  By October 1, 2013, the office shall examine the existing
  375  performance standards in the area of mathematical thinking and
  376  develop a plan to make appropriate professional development and
  377  training courses available to prekindergarten instructors.
  378         (b) The office State Board of Education shall periodically
  379  review and revise the performance standards for the statewide
  380  kindergarten screening administered under s. 1002.69 and align
  381  the standards to the standards established by the state board
  382  for student performance on the statewide assessments
  383  administered pursuant to s. 1008.22.
  384         (2)
  385         (c) The office department shall review and approve
  386  curricula for use by private prekindergarten providers and
  387  public schools that are placed on probation under paragraph
  388  (4)(c). The office department shall maintain a list of the
  389  curricula approved under this paragraph. Each approved
  390  curriculum must meet the requirements of paragraph (b).
  391         (4)(a) Each early learning coalition shall verify that each
  392  private prekindergarten provider delivering the Voluntary
  393  Prekindergarten Education Program within the coalition’s county
  394  or multicounty region complies with this part. Each district
  395  school board shall verify that each public school delivering the
  396  program within the school district complies with this part.
  397         (b) If a private prekindergarten provider or public school
  398  fails or refuses to comply with this part, or if a provider or
  399  school engages in misconduct, the office of Early Learning shall
  400  require the early learning coalition to remove the provider, and
  401  the Department of Education shall require the school district to
  402  remove the school from eligibility to deliver the Voluntary
  403  Prekindergarten Education Program and receive state funds under
  404  this part for a period of 5 years.
  405         (c)1. If the kindergarten readiness rate of a private
  406  prekindergarten provider or public school falls below the
  407  minimum rate adopted by the office State Board of Education as
  408  satisfactory under s. 1002.69(6), the early learning coalition
  409  or school district, as applicable, shall require the provider or
  410  school to submit an improvement plan for approval by the
  411  coalition or school district, as applicable, and to implement
  412  the plan;.
  413         2. If a private prekindergarten provider or public school
  414  fails to meet the minimum rate adopted by the State Board of
  415  Education as satisfactory under s. 1002.69(6), the early
  416  learning coalition or school district, as applicable, shall
  417  place the provider or school on probation; and shall must
  418  require the provider or school to take certain corrective
  419  actions, including the use of a curriculum approved by the
  420  office department under paragraph (2)(c) or a staff development
  421  plan to strengthen instruction in language development and
  422  phonological awareness approved by the office department.
  423         2.3. A private prekindergarten provider or public school
  424  that is placed on probation must continue the corrective actions
  425  required under subparagraph 1. 2., including the use of a
  426  curriculum or a staff development plan to strengthen instruction
  427  in language development and phonological awareness approved by
  428  the office department, until the provider or school meets the
  429  minimum rate adopted by the office State Board of Education as
  430  satisfactory under s. 1002.69(6). Failure to implement an
  431  approved improvement plan or staff development plan shall result
  432  in the termination of the provider’s contract to deliver the
  433  Voluntary Prekindergarten Education Program for a period of 5
  434  years.
  435         3.4. If a private prekindergarten provider or public school
  436  remains on probation for 2 consecutive years and fails to meet
  437  the minimum rate adopted by the office State Board of Education
  438  as satisfactory under s. 1002.69(6) and is not granted a good
  439  cause exemption by the office department pursuant to s.
  440  1002.69(7), the office of Early Learning shall require the early
  441  learning coalition or the Department of Education shall require
  442  the school district to remove, as applicable, the provider or
  443  school from eligibility to deliver the Voluntary Prekindergarten
  444  Education Program and receive state funds for the program for a
  445  period of 5 years.
  446         (d) Each early learning coalition and, the office of Early
  447  Learning, and the department shall coordinate with the Child
  448  Care Services Program Office of the Department of Children and
  449  Families Family Services to minimize interagency duplication of
  450  activities for monitoring private prekindergarten providers for
  451  compliance with requirements of the Voluntary Prekindergarten
  452  Education Program under this part, the school readiness program
  453  programs under part VI of this chapter s. 411.01, and the
  454  licensing of providers under ss. 402.301-402.319.
  455         Section 11. Subsections (2), (5), (6), and (7) of section
  456  1002.69, Florida Statutes, are amended to read:
  457         1002.69 Statewide kindergarten screening; kindergarten
  458  readiness rates; state-approved prekindergarten enrollment
  459  screening; good cause exemption.—
  460         (2) The statewide kindergarten screening shall provide
  461  objective data concerning each student’s readiness for
  462  kindergarten and progress in attaining the performance standards
  463  adopted by the office department under s. 1002.67(1).
  464         (5) The office State Board of Education shall adopt
  465  procedures for the department to annually calculate each private
  466  prekindergarten provider’s and public school’s kindergarten
  467  readiness rate, which must be expressed as the percentage of the
  468  provider’s or school’s students who are assessed as ready for
  469  kindergarten. The methodology for calculating each provider’s
  470  kindergarten readiness rate must include student learning gains
  471  when available and the percentage of students who meet all state
  472  readiness measures. The rates must not include students who are
  473  not administered the statewide kindergarten screening. The
  474  office state board shall determine learning gains using a value
  475  added measure based on growth demonstrated by the results of the
  476  preassessment and postassessment pre- and post-assessment from
  477  at least 2 successive years of administration of the
  478  preassessment and postassessment pre- and post-assessment.
  479         (6) The office State Board of Education shall periodically
  480  adopt a minimum kindergarten readiness rate that, if achieved by
  481  a private prekindergarten provider or public school, would
  482  demonstrate the provider’s or school’s satisfactory delivery of
  483  the Voluntary Prekindergarten Education Program.
  484         (7)(a) Notwithstanding s. 1002.67(4)(c)3. 1002.67(4)(c)4.,
  485  the office State Board of Education, upon the request of a
  486  private prekindergarten provider or public school that remains
  487  on probation for 2 consecutive years or more and subsequently
  488  fails to meet the minimum rate adopted under subsection (6) and
  489  for good cause shown, may grant to the provider or school an
  490  exemption from being determined ineligible to deliver the
  491  Voluntary Prekindergarten Education Program and receive state
  492  funds for the program. Such exemption is valid for 1 year and,
  493  upon the request of the private prekindergarten provider or
  494  public school and for good cause shown, may be renewed.
  495         (b) A private prekindergarten provider’s or public school’s
  496  request for a good cause exemption, or renewal of such an
  497  exemption, must be submitted to the office state board in the
  498  manner and within the timeframes prescribed by the office state
  499  board and must include the following:
  500         1. Submission of data by the private prekindergarten
  501  provider or public school which documents the achievement and
  502  progress of the children served as measured by the state
  503  approved prekindergarten enrollment screening and the
  504  standardized postassessment approved by the office department
  505  pursuant to subparagraph (c)1.
  506         2. Submission and review of data available from the
  507  respective early learning coalition or district school board,
  508  the Department of Children and Families Family Services, local
  509  licensing authority, or an accrediting association, as
  510  applicable, relating to the private prekindergarten provider’s
  511  or public school’s compliance with state and local health and
  512  safety standards.
  513         3. Submission and review of data available to the office
  514  department on the performance of the children served and the
  515  calculation of the private prekindergarten provider’s or public
  516  school’s kindergarten readiness rate.
  517         (c) The office State Board of Education shall adopt
  518  criteria for granting good cause exemptions. Such criteria shall
  519  include, but are not limited to:
  520         1. Learning gains of children served in the Voluntary
  521  Prekindergarten Education Program by the private prekindergarten
  522  provider or public school.
  523         2. Verification that local and state health and safety
  524  requirements are met.
  525         (d) A good cause exemption may not be granted to any
  526  private prekindergarten provider that has any class I violations
  527  or two or more class II violations within the 2 years preceding
  528  the provider’s or school’s request for the exemption. For
  529  purposes of this paragraph, class I and class II violations have
  530  the same meaning as provided in s. 402.281(4).
  531         (e) A private prekindergarten provider or public school
  532  granted a good cause exemption shall continue to implement its
  533  improvement plan and continue the corrective actions required
  534  under s. 1002.67(4)(c)1. 1002.67(4)(c)2., including the use of a
  535  curriculum approved by the office department, until the provider
  536  or school meets the minimum rate adopted under subsection (6).
  537         (f) The State Board of Education shall notify the Office of
  538  Early Learning of any good cause exemption granted to a private
  539  prekindergarten provider under this subsection. If a good cause
  540  exemption is granted to a private prekindergarten provider who
  541  remains on probation for 2 consecutive years, the office of
  542  Early Learning shall notify the early learning coalition of the
  543  good cause exemption and direct that the coalition,
  544  notwithstanding s. 1002.67(4)(c)3. 1002.67(4)(c)4., not remove
  545  the provider from eligibility to deliver the Voluntary
  546  Prekindergarten Education Program or to receive state funds for
  547  the program, if the provider meets all other applicable
  548  requirements of this part.
  549         Section 12. Paragraph (d) of subsection (3) and subsections
  550  (5) and (7) of section 1002.71, Florida Statutes, are amended to
  551  read:
  552         1002.71 Funding; financial and attendance reporting.—
  553         (3)
  554         (d) For programs offered by school districts pursuant to s.
  555  1002.61 and beginning with the 2009 summer program, each
  556  district’s funding shall be based on a student enrollment that
  557  is evenly divisible by 12. If the result of dividing a
  558  district’s student enrollment by 12 is not a whole number, the
  559  district’s enrollment calculation shall be adjusted by adding
  560  the minimum number of students to produce a student enrollment
  561  calculation that is evenly divisible by 12.
  562         (5)(a) Each early learning coalition shall maintain through
  563  the single point of entry established under s. 1002.82 411.01 a
  564  current database of the students enrolled in the Voluntary
  565  Prekindergarten Education Program for each county within the
  566  coalition’s region.
  567         (b) The Office of Early Learning shall adopt procedures for
  568  the payment of private prekindergarten providers and public
  569  schools delivering the Voluntary Prekindergarten Education
  570  Program. The procedures shall provide for the advance payment of
  571  providers and schools based upon student enrollment in the
  572  program, the certification of student attendance, and the
  573  reconciliation of advance payments in accordance with the
  574  uniform attendance policy adopted under paragraph (6)(d). The
  575  procedures shall provide for the monthly distribution of funds
  576  by the Office of Early Learning to the early learning coalitions
  577  for payment by the coalitions to private prekindergarten
  578  providers and public schools. The department shall transfer to
  579  the Office of Early Learning at least once each quarter the
  580  funds available for payment to private prekindergarten providers
  581  and public schools in accordance with this paragraph from the
  582  funds appropriated for that purpose.
  583         (7) The Office of Early Learning shall require that
  584  administrative expenditures be kept to the minimum necessary for
  585  efficient and effective administration of the Voluntary
  586  Prekindergarten Education Program. Administrative policies and
  587  procedures shall be revised, to the maximum extent practicable,
  588  to incorporate the use of automation and electronic submission
  589  of forms, including those required for child eligibility and
  590  enrollment, provider and class registration, and monthly
  591  certification of attendance for payment. A school district may
  592  use its automated daily attendance reporting system for the
  593  purpose of transmitting attendance records to the early learning
  594  coalition in a mutually agreed-upon format. In addition, actions
  595  shall be taken to reduce paperwork, eliminate the duplication of
  596  reports, and eliminate other duplicative activities. Beginning
  597  with the 2011-2012 fiscal year, Each early learning coalition
  598  may retain and expend no more than 4.0 percent of the funds paid
  599  by the coalition to private prekindergarten providers and public
  600  schools under paragraph (5)(b). Funds retained by an early
  601  learning coalition under this subsection may be used only for
  602  administering the Voluntary Prekindergarten Education Program
  603  and may not be used for the school readiness program or other
  604  programs.
  605         Section 13. Paragraph (a) of subsection (3) of section
  606  1002.72, Florida Statutes, is amended to read:
  607         1002.72 Records of children in the Voluntary
  608  Prekindergarten Education Program.—
  609         (3)(a) Confidential and exempt Voluntary Prekindergarten
  610  Education Program records may be released to:
  611         1. The United States Secretary of Education, the United
  612  States Secretary of Health and Human Services, and the
  613  Comptroller General of the United States for the purpose of
  614  federal audits or investigations.
  615         2. Individuals or organizations conducting studies for
  616  institutions to develop, validate, or administer assessments or
  617  improve instruction.
  618         3. Accrediting organizations in order to carry out their
  619  accrediting functions.
  620         4. Appropriate parties in connection with an emergency if
  621  the information is necessary to protect the health or safety of
  622  the child or other individuals.
  623         5. The Auditor General in connection with his or her
  624  official functions.
  625         6. A court of competent jurisdiction in compliance with an
  626  order of that court pursuant to a lawfully issued subpoena.
  627         7. Parties to an interagency agreement among early learning
  628  coalitions, local governmental agencies, Voluntary
  629  Prekindergarten Education Program providers, or state agencies
  630  for the purpose of implementing the Voluntary Prekindergarten
  631  Education Program.
  632         Section 14. Subsection (1) and paragraphs (a) and (d) of
  633  subsection (2) of section 1002.75, Florida Statutes, are amended
  634  to read:
  635         1002.75 Office of Early Learning; powers and duties;
  636  operational requirements.—
  637         (1) The Office of Early Learning shall adopt by rule a
  638  standard statewide provider contract to be used with each
  639  Voluntary Prekindergarten Education Program provider, with
  640  standardized attachments by provider type. The office shall
  641  publish a copy of the standard statewide provider contract on
  642  its website. The standard statewide contract shall include, at a
  643  minimum, provisions for provider probation, termination for
  644  cause, and emergency termination for those actions or inactions
  645  of a provider that pose an immediate and serious danger to the
  646  health, safety, or welfare of children. The standard statewide
  647  contract shall also include appropriate due process procedures.
  648  During the pendency of an appeal of a termination, the provider
  649  may not continue to offer its services. Any provision imposed
  650  upon a provider that is inconsistent with, or prohibited by, law
  651  is void and unenforceable. The Office of Early Learning shall
  652  administer the operational requirements of the Voluntary
  653  Prekindergarten Education Program at the state level.
  654         (2) The Office of Early Learning shall adopt procedures
  655  governing the administration of the Voluntary Prekindergarten
  656  Education Program by the early learning coalitions and school
  657  districts for:
  658         (a) Enrolling children in and determining the eligibility
  659  of children for the Voluntary Prekindergarten Education Program
  660  under s. 1002.53, which shall include the enrollment of children
  661  by public schools and private providers that meet specified
  662  requirements.
  663         (d) Determining the eligibility of private prekindergarten
  664  providers to deliver the program under ss. 1002.55 and 1002.61
  665  and streamlining the process of provider eligibility whenever
  666  possible.
  667         Section 15. Subsections (1) through (3) of section 1002.77,
  668  Florida Statutes, are amended to read:
  669         1002.77 Florida Early Learning Advisory Council.—
  670         (1) There is created the Florida Early Learning Advisory
  671  Council within the Office of Early Learning. The purpose of the
  672  advisory council is to submit recommendations to the office
  673  department on the early learning best practices policy of this
  674  state, including recommendations relating to the most effective
  675  administration of the Voluntary Prekindergarten Education
  676  Program under this part and the school readiness program
  677  programs under part VI of this chapter s. 411.01. The advisory
  678  council shall periodically analyze and provide recommendations
  679  to the office on the effective and efficient use of local,
  680  state, and federal funds; the content of professional
  681  development training programs; and best practices for the
  682  development and implementation of coalition plans pursuant to s.
  683  1002.85.
  684         (2) The advisory council shall be composed of the following
  685  members:
  686         (a) The chair of the advisory council who shall be
  687  appointed by and serve at the pleasure of the Governor.
  688         (b) The chair of each early learning coalition.
  689         (c) One member who shall be appointed by and serve at the
  690  pleasure of the President of the Senate.
  691         (d) One member who shall be appointed by and serve at the
  692  pleasure of the Speaker of the House of Representatives.
  693  
  694  The chair of the advisory council appointed by the Governor and
  695  the members appointed by the presiding officers of the
  696  Legislature must be from the business community and be in
  697  compliance with s. 1002.83(5) each have a background in early
  698  learning.
  699         (3) The advisory council shall meet at least quarterly but
  700  may meet as often as necessary to carry out its duties and
  701  responsibilities. The advisory council may use any method of
  702  telecommunications to conduct meetings, including establishing a
  703  quorum through telecommunications, only if the public is given
  704  proper notice of a telecommunications meeting and reasonable
  705  access to observe and, when appropriate, participate.
  706         Section 16. Section 1002.79, Florida Statutes, is amended
  707  to read:
  708         1002.79 Rulemaking authority.—
  709         (1) The State Board of Education shall adopt rules under
  710  ss. 120.536(1) and 120.54 to administer the provisions of this
  711  part conferring duties upon the department.
  712         (2) The Office of Early Learning shall adopt rules under
  713  ss. 120.536(1) and 120.54 to administer the provisions of this
  714  part conferring duties upon the office.
  715         Section 17. Part VI of chapter 1002, Florida Statutes,
  716  consisting of sections 1002.81 through 1002.96, is created to
  717  read:
  718                               PART VI                             
  719                      SCHOOL READINESS PROGRAM                     
  720         1002.81 Definitions.—Consistent with the requirements of 45
  721  C.F.R. parts 98 and 99 and as used in this part, the term:
  722         (1) “At-risk child” means:
  723         (a) A child from a family under investigation by the
  724  Department of Children and Families or a designated sheriff’s
  725  office for child abuse, neglect, abandonment, or exploitation.
  726         (b) A child who is in a diversion program provided by the
  727  Department of Children and Families or its contracted provider
  728  and who is from a family that is actively participating and
  729  complying in department-prescribed activities, including
  730  education, health services, or work.
  731         (c) A child from a family that is under supervision by the
  732  Department of Children and Families or a contracted service
  733  provider for abuse, neglect, abandonment, or exploitation.
  734         (d) A child placed in court-ordered, long-term custody or
  735  under the guardianship of a relative or nonrelative after
  736  termination of supervision by the Department of Children and
  737  Families or its contracted provider.
  738         (e) A child in the custody of a parent who is a victim of
  739  domestic violence residing in a certified domestic violence
  740  center.
  741         (f) A child in the custody of a parent who is considered
  742  homeless as verified by a Department of Children and Families
  743  certified homeless shelter.
  744         (2) “Authorized hours of care” means the hours of care that
  745  are necessary to provide protection, maintain employment, or
  746  complete work activities or eligible educational activities,
  747  including reasonable travel time.
  748         (3) “Average market rate” means the biennially determined
  749  average of the market rate by program care level and provider
  750  type in a predetermined geographic market.
  751         (4) “Direct enhancement services” means services for
  752  families and children that are in addition to payments for the
  753  placement of children in the school readiness program. Direct
  754  enhancement services for families and children may include
  755  supports for providers, parent training and involvement
  756  activities, and strategies to meet the needs of unique
  757  populations and local eligibility priorities. Direct enhancement
  758  services offered by an early learning coalition shall be
  759  consistent with the activities prescribed in s. 1002.89(6)(b).
  760         (5) “Disenrollment” means the removal either temporary or
  761  permanent, of a child from participation in the school readiness
  762  program. Removal of a child from the school readiness program
  763  may be based on the following events: a reduction in available
  764  school readiness program funding, participant’s failure to meet
  765  eligibility or program participation requirements, fraud, or a
  766  change in local service priorities.
  767         (6) “Earned income” means gross remuneration derived from
  768  work, professional service, or self-employment. The term
  769  includes commissions, bonuses, back pay awards, and the cash
  770  value of all remuneration paid in a medium other than cash.
  771         (7) “Economically disadvantaged” means having a family
  772  income that does not exceed 150 percent of the federal poverty
  773  level and includes being a child of a working migratory family
  774  as defined by 34 C.F.R. s. 200.81(d) or (f) or an agricultural
  775  worker who is employed by more than one agricultural employer
  776  during the course of a year, and whose income varies according
  777  to weather conditions and market stability.
  778         (8) “Family income” means the combined gross income,
  779  whether earned or unearned, that is derived from any source by
  780  all family or household members who are 18 years of age or older
  781  who are currently residing together in the same dwelling unit.
  782  The term does not include income earned by a currently enrolled
  783  high school student who, since attaining the age of 18 years, or
  784  a student with a disability who, since attaining the age of 22
  785  years, has not terminated school enrollment or received a high
  786  school diploma, high school equivalency diploma, special
  787  diploma, or certificate of high school completion. The term also
  788  does not include food stamp benefits or federal housing
  789  assistance payments issued directly to a landlord or the
  790  associated utilities expenses.
  791         (9) “Family or household members” means spouses, former
  792  spouses, persons related by blood or marriage, persons who are
  793  parents of a child in common regardless of whether they have
  794  been married, and other persons who are currently residing
  795  together in the same dwelling unit as if a family.
  796         (10) “Full-time care” means at least 6 hours, but not more
  797  than 11 hours, of child care or early childhood education
  798  services within a 24-hour period.
  799         (11) “Market rate” means the price that a child care or
  800  early childhood education provider charges for full-time or
  801  part-time daily, weekly, or monthly child care or early
  802  childhood education services.
  803         (12) “Office” means the Office of Early Learning within the
  804  Department of Education’s Office of Independent Education and
  805  Parental Choice.
  806         (13) “Part-time care” means less than 6 hours of child care
  807  or early childhood education services within a 24-hour period.
  808         (14) “Single point of entry” means an integrated
  809  information system that allows a parent to enroll his or her
  810  child in the school readiness program or the Voluntary
  811  Prekindergarten Education Program at various locations
  812  throughout a county, that may allow a parent to enroll his or
  813  her child by telephone or through a website, and that uses a
  814  uniform waiting list to track eligible children waiting for
  815  enrollment in the school readiness program.
  816         (15) “Unearned income” means income other than earned
  817  income. The term includes, but is not limited to:
  818         (a) Documented alimony and child support received.
  819         (b) Social security benefits.
  820         (c) Supplemental security income benefits.
  821         (d) Workers’ compensation benefits.
  822         (e) Reemployment assistance or unemployment compensation
  823  benefits.
  824         (f) Veterans’ benefits.
  825         (g) Retirement benefits.
  826         (h) Temporary cash assistance under chapter 414.
  827         (16) “Working family” means:
  828         (a) A single-parent family in which the parent with whom
  829  the child resides is employed or engaged in eligible work or
  830  education activities for at least 20 hours per week;
  831         (b) A two-parent family in which both parents with whom the
  832  child resides are employed or engaged in eligible work or
  833  education activities for a combined total of at least 40 hours
  834  per week; or
  835         (c) A two-parent family in which one of the parents with
  836  whom the child resides is exempt from work requirements due to
  837  age or disability, as determined and documented by a physician
  838  licensed under chapter 458 or chapter 459, and one parent is
  839  employed or engaged in eligible work or education activities at
  840  least 20 hours per week.
  841         1002.82 Office of Early Learning; powers and duties.—
  842         (1) For purposes of administration of the Child Care and
  843  Development Block Grant Trust Fund, pursuant to 45 C.F.R. parts
  844  98 and 99, the Office of Early Learning is designated as the
  845  lead agency and must comply with lead agency responsibilities
  846  pursuant to federal law. The office may apply to the Governor
  847  and Cabinet for a waiver of, and the Governor and Cabinet may
  848  waive, any provision of ss. 411.223 and 1003.54 if the waiver is
  849  necessary for implementation of the school readiness program.
  850  Section 125.901(2)(a)3. does not apply to the school readiness
  851  program.
  852         (2) The office shall:
  853         (a) Focus on improving the educational quality delivered by
  854  all providers participating in the school readiness program.
  855         (b) Preserve parental choice by permitting parents to
  856  choose from a variety of child care categories, including
  857  center-based care, family child care, and informal child care to
  858  the extent authorized in the state’s Child Care and Development
  859  Fund Plan as approved by the United States Department of Health
  860  and Human Services pursuant to 45 C.F.R. s. 98.18. Care and
  861  curriculum by a faith-based provider may not be limited or
  862  excluded in any of these categories.
  863         (c) Be responsible for the prudent use of all public and
  864  private funds in accordance with all legal and contractual
  865  requirements, safeguarding the effective use of federal, state,
  866  and local resources to achieve the highest practicable level of
  867  school readiness for the children described in s. 1002.87,
  868  including:
  869         1. The adoption of a uniform chart of accounts for
  870  budgeting and financial reporting purposes that provides
  871  standardized definitions for expenditures and reporting,
  872  consistent with the requirements of 45 C.F.R. part 98 and s.
  873  1002.89 for each of the following categories of expenditure:
  874         a. Direct services to children.
  875         b. Administrative costs.
  876         c. Quality activities.
  877         d. Nondirect services.
  878         2. Coordination with other state and federal agencies to
  879  perform data matches on children participating in the school
  880  readiness program and their families in order to verify the
  881  children’s eligibility pursuant to s. 1002.87.
  882         (d) Establish procedures for the biennial calculation of
  883  the average market rate.
  884         (e) Review each early learning coalition’s school readiness
  885  program plan every 2 years and provide final approval of the
  886  plan and any amendments submitted.
  887         (f) Establish a unified approach to the state’s efforts to
  888  coordinate a comprehensive early learning program. In support of
  889  this effort, the office:
  890         1. Shall adopt specific program support services that
  891  address the state’s school readiness program, including:
  892         a. Statewide data information program requirements that
  893  include:
  894         (I) Eligibility requirements.
  895         (II) Financial reports.
  896         (III) Program accountability measures.
  897         (IV) Child progress reports.
  898         b. Child care resource and referral services.
  899         c. A single point of entry and uniform waiting list.
  900         2. May provide technical assistance and guidance on
  901  additional support services to complement the school readiness
  902  program, including:
  903         a. Rating and improvement systems.
  904         b. Warm-Line services.
  905         c. Anti-fraud plans.
  906         d. School readiness program standards.
  907         e. Child screening and assessments.
  908         f. Training and support for parental involvement in
  909  children’s early education.
  910         g. Family literacy activities and services.
  911         (g) Provide technical assistance to early learning
  912  coalitions.
  913         (h) In cooperation with the early learning coalitions,
  914  coordinate with the Child Care Services Program Office of the
  915  Department of Children and Families to reduce paperwork and to
  916  avoid duplicating interagency activities, health and safety
  917  monitoring, and acquiring and composing data pertaining to child
  918  care training and credentialing.
  919         (i) Develop, in coordination with the Child Care Services
  920  Program Office of the Department of Children and Families, and
  921  adopt a health and safety checklist to be completed by license
  922  exempt providers that does not exceed the requirements s.
  923  402.305.
  924         (j) Develop and adopt standards and benchmarks that address
  925  the age-appropriate progress of children in the development of
  926  school readiness skills. The standards for children from birth
  927  to 5 years of age in the school readiness program must be
  928  aligned with the performance standards adopted for children in
  929  the Voluntary Prekindergarten Education Program and must address
  930  the following domains:
  931         1. Approaches to learning.
  932         2. Cognitive development and general knowledge.
  933         3. Numeracy, language, and communication.
  934         4. Physical development.
  935         5. Self-regulation.
  936         (k) Select assessments that are valid, reliable, and
  937  developmentally appropriate for use as preassessment and
  938  postassessment for the age ranges specified in the coalition
  939  plans. The assessments must be designed to measure progress in
  940  the domains of the performance standards adopted pursuant to
  941  paragraph (j), provide appropriate accommodations for children
  942  with disabilities and English language learners, and be
  943  administered by qualified individuals, consistent with the
  944  publisher’s instructions.
  945         (l) Adopt a list of approved curricula that meet the
  946  performance standards for the school readiness program and
  947  establish a process for the review and approval of a provider’s
  948  curriculum that meets the performance standards.
  949         (m) Adopt by rule a standard statewide provider contract to
  950  be used with each school readiness program provider, with
  951  standardized attachments by provider type. The office shall
  952  publish a copy of the standard statewide provider contract on
  953  its website. The standard statewide contract shall include, at a
  954  minimum, provisions for provider probation, termination for
  955  cause, and emergency termination for those actions or inactions
  956  of a provider that pose an immediate and serious danger to the
  957  health, safety, or welfare of the children. The standard
  958  statewide provider contract shall also include appropriate due
  959  process procedures. During the pendency of an appeal of a
  960  termination, the provider may not continue to offer its
  961  services. Any provision imposed upon a provider that is
  962  inconsistent with, or prohibited by, law is void and
  963  unenforceable.
  964         (n) Establish a single statewide information system that
  965  each coalition must use for the purposes of managing the single
  966  point of entry, tracking children’s progress, coordinating
  967  services among stakeholders, determining eligibility of
  968  children, tracking child attendance, and streamlining
  969  administrative processes for providers and early learning
  970  coalitions.
  971         (o) Adopt by rule standardized procedures for coalitions to
  972  use when monitoring the compliance of school readiness program
  973  providers with the terms of the standard statewide provider
  974  contract.
  975         (p) Monitor and evaluate the performance of each early
  976  learning coalition in administering the school readiness
  977  program, ensuring proper payments for school readiness program
  978  services, implementing the coalition’s school readiness program
  979  plan, and administering the Voluntary Prekindergarten Education
  980  Program. These monitoring and performance evaluations must
  981  include, at a minimum, onsite monitoring of each coalition’s
  982  finances, management, operations, and programs.
  983         (q) Work in conjunction with the Bureau of Federal
  984  Education Programs within the Department of Education to
  985  coordinate readiness and voluntary prekindergarten services to
  986  the populations served by the bureau.
  987         (r) Administer a statewide toll-free Warm-Line to provide
  988  assistance and consultation to child care facilities and family
  989  day care homes regarding health, developmental, disability, and
  990  special needs issues of the children they are serving,
  991  particularly children with disabilities and other special needs.
  992  The office shall:
  993         1. Annually inform child care facilities and family day
  994  care homes of the availability of this service through the child
  995  care resource and referral network under s. 1002.92.
  996         2. Expand or contract for the expansion of the Warm-Line to
  997  maintain at least one Warm-Line in each early learning coalition
  998  service area.
  999         (3) If the office determines during the review of school
 1000  readiness program plans, or through monitoring and performance
 1001  evaluations conducted under s. 1002.85, that an early learning
 1002  coalition has not substantially implemented its plan, has not
 1003  substantially met the performance standards and outcome measures
 1004  adopted by the office, or has not effectively administered the
 1005  school readiness program or Voluntary Prekindergarten Education
 1006  Program, the office may temporarily contract with a qualified
 1007  entity to continue school readiness program and prekindergarten
 1008  services in the coalition’s county or multicounty region until
 1009  the office reestablishes the coalition and a new school
 1010  readiness program plan is approved in accordance with the rules
 1011  adopted by the office.
 1012         (4) The office may request the Governor to apply for a
 1013  waiver to allow a coalition to administer the Head Start Program
 1014  to accomplish the purposes of the school readiness program.
 1015         (5) By January 1 of each year, the office shall publish on
 1016  its website a report of its activities conducted under this
 1017  section. The report must include a summary of the coalitions’
 1018  annual reports, a statewide summary, and the following:
 1019         (a) An analysis of early learning activities throughout the
 1020  state, including the school readiness program and the Voluntary
 1021  Prekindergarten Education Program.
 1022         1. The total and average number of children served in the
 1023  school readiness program, enumerated by age, eligibility
 1024  priority category, and coalition, and the total number of
 1025  children served in the Voluntary Prekindergarten Education
 1026  Program.
 1027         2. A summary of expenditures by coalition, by fund source,
 1028  including a breakdown by coalition of the percentage of
 1029  expenditures for administrative activities, quality activities,
 1030  nondirect services, and direct services for children.
 1031         3. A description of the office’s and each coalition’s
 1032  expenditures by fund source for the quality and enhancement
 1033  activities described in s. 1002.89(6)(b).
 1034         4. A summary of annual findings and collections related to
 1035  provider fraud and parent fraud.
 1036         5. Data regarding the coalitions’ delivery of early
 1037  learning programs.
 1038         6. The total number of children disenrolled statewide and
 1039  the reason for disenrollment.
 1040         7. The total number of providers by provider type.
 1041         8. The total number of provider contracts revoked and the
 1042  reasons for revocation.
 1043         (b) A summary of the activities and detailed expenditures
 1044  related to the Child Care Executive Partnership Program.
 1045         (6)(a) Parental choice of child care providers, including
 1046  private and faith-based providers, shall be established to the
 1047  maximum extent practicable in accordance with 45 C.F.R. s.
 1048  98.30.
 1049         (b) As used in this subsection, the term “payment
 1050  certificate” means a child care certificate as defined in 45
 1051  C.F.R. s. 98.2.
 1052         (c) The school readiness program shall, in accordance with
 1053  45 C.F.R. s. 98.30, provide parental choice through a payment
 1054  certificate that provides, to the maximum extent possible,
 1055  flexibility in the school readiness program and payment
 1056  arrangements. The payment certificate must bear the names of the
 1057  beneficiary and the program provider and, when redeemed, must
 1058  bear the signatures of both the beneficiary and an authorized
 1059  representative of the provider.
 1060         (d) If it is determined that a provider has given any cash
 1061  or other consideration to the beneficiary in return for
 1062  receiving a payment certificate, the early learning coalition or
 1063  its fiscal agent shall refer the matter to the Department of
 1064  Financial Services pursuant to s. 414.411 for investigation.
 1065         (7) Participation in the school readiness program does not
 1066  expand the regulatory authority of the state, its officers, or
 1067  an early learning coalition to impose any additional regulation
 1068  on providers beyond those necessary to enforce the requirements
 1069  set forth in this part and part V of this chapter.
 1070         1002.83 Early learning coalitions.—
 1071         (1) Thirty-one or fewer early learning coalitions are
 1072  established and shall maintain direct enhancement services at
 1073  the local level and provide access to such services in all 67
 1074  counties. Two or more early learning coalitions may join for
 1075  purposes of planning and implementing a school readiness program
 1076  and the Voluntary Prekindergarten Education Program.
 1077         (2) Each early learning coalition shall be composed of at
 1078  least 15 members but not more than 30 members.
 1079         (3) The Governor shall appoint the chair and two other
 1080  members of each early learning coalition, who must each meet the
 1081  same qualifications as private sector business members appointed
 1082  by the coalition under subsection (5).
 1083         (4) Each early learning coalition must include the
 1084  following member positions; however, in a multicounty coalition,
 1085  each ex officio member position may be filled by multiple
 1086  nonvoting members but no more than one voting member shall be
 1087  seated per member position. If an early learning coalition has
 1088  more than one member representing the same entity, only one of
 1089  such members may serve as a voting member:
 1090         (a) A Department of Children and Families regional
 1091  administrator or his or her permanent designee who is authorized
 1092  to make decisions on behalf of the department.
 1093         (b) A district superintendent of schools or his or her
 1094  permanent designee who is authorized to make decisions on behalf
 1095  of the district.
 1096         (c) A regional workforce board executive director or his or
 1097  her permanent designee.
 1098         (d) A county health department director or his or her
 1099  designee.
 1100         (e) A children’s services council or juvenile welfare board
 1101  chair or executive director, if applicable.
 1102         (f) An agency head of a local licensing agency as defined
 1103  in s. 402.302, where applicable.
 1104         (g) A president of a Florida College System institution or
 1105  his or her permanent designee.
 1106         (h) One member appointed by a board of county commissioners
 1107  or the governing board of a municipality.
 1108         (i) A central agency administrator, where applicable.
 1109         (j) A Head Start director.
 1110         (k) A representative of private for-profit child care
 1111  providers, including private for-profit family day care homes.
 1112         (l) A representative of faith-based child care providers.
 1113         (m) A representative of programs for children with
 1114  disabilities under the federal Individuals with Disabilities
 1115  Education Act.
 1116         (5) Including the members appointed by the Governor under
 1117  subsection (3), more than one-third of the members of each early
 1118  learning coalition must be private sector business members,
 1119  either for-profit or nonprofit, who do not have, and none of
 1120  whose relatives as defined in s. 112.3143 has, a substantial
 1121  financial interest in the design or delivery of the Voluntary
 1122  Prekindergarten Education Program created under part V of this
 1123  chapter or the school readiness program. To meet this
 1124  requirement an early learning coalition must appoint additional
 1125  members. The office shall establish criteria for appointing
 1126  private sector business members. These criteria must include
 1127  standards for determining whether a member or relative has a
 1128  substantial financial interest in the design or delivery of the
 1129  Voluntary Prekindergarten Education Program or the school
 1130  readiness program.
 1131         (6) A majority of the voting membership of an early
 1132  learning coalition constitutes a quorum required to conduct the
 1133  business of the coalition. An early learning coalition may use
 1134  any method of telecommunications to conduct meetings, including
 1135  establishing a quorum through telecommunications, provided that
 1136  the public is given proper notice of a telecommunications
 1137  meeting and reasonable access to observe and, when appropriate,
 1138  participate.
 1139         (7) A voting member of an early learning coalition may not
 1140  appoint a designee to act in his or her place, except as
 1141  otherwise provided in this subsection. A voting member may send
 1142  a representative to coalition meetings but that representative
 1143  does not have voting privileges. When a regional administrator
 1144  for the Department of Children and Families appoints a designee
 1145  to an early learning coalition, the designee is the voting
 1146  member of the coalition, and any individual attending in the
 1147  designee’s place, including the district administrator, does not
 1148  have voting privileges.
 1149         (8) Each member of an early learning coalition is subject
 1150  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
 1151  112.3143(3)(a), each voting member is a local public officer who
 1152  must abstain from voting when a voting conflict exists.
 1153         (9) For purposes of tort liability, each member or employee
 1154  of an early learning coalition shall be governed by s. 768.28.
 1155         (10) An early learning coalition serving a multicounty
 1156  region must include representation from each county.
 1157         (11) Each early learning coalition shall establish terms
 1158  for all appointed members of the coalition. The terms must be
 1159  staggered and must be a uniform length that does not exceed 4
 1160  years per term. Coalition chairs shall be appointed for 4 years
 1161  in conjunction with their membership on the Early Learning
 1162  Advisory Council pursuant to s. 20.052. Appointed members may
 1163  serve a maximum of two consecutive terms. When a vacancy occurs
 1164  in an appointed position, the coalition must advertise the
 1165  vacancy.
 1166         (12) State, federal, and local matching funds provided to
 1167  the early learning coalitions may not be used directly or
 1168  indirectly to pay for meals, food, or beverages for coalition
 1169  members, coalition employees, or for subcontractor employees.
 1170  Preapproved, reasonable, and necessary per diem allowances and
 1171  travel expenses may be reimbursed. Such reimbursement shall be
 1172  at the standard travel reimbursement rates established in s.
 1173  112.061 and must comply with applicable federal and state
 1174  requirements.
 1175         (13) Each early learning coalition shall use a coordinated
 1176  professional development system that supports the achievement
 1177  and maintenance of core competencies by school readiness program
 1178  teachers in helping children attain the performance standards
 1179  adopted by the office.
 1180         (14) Each school district shall, upon request of the
 1181  coalition, make a list of all individuals currently eligible to
 1182  act as a substitute teacher within the school district, pursuant
 1183  to rules adopted by the school district pursuant to s. 1012.35,
 1184  available to an early learning coalition serving students within
 1185  the school district. Child care facilities as defined in s.
 1186  402.302 may employ individuals listed as substitute instructors
 1187  for the purpose of offering the school readiness program, the
 1188  Voluntary Prekindergarten Education Program, and all other
 1189  legally operating child care programs.
 1190         1002.84 Early learning coalitions; school readiness powers
 1191  and duties.—Each early learning coalition shall:
 1192         (1) Administer and implement a local comprehensive program
 1193  of school readiness program services in accordance with this
 1194  part and the rules adopted by the office, which enhances the
 1195  cognitive, social, and physical development of children to
 1196  achieve the performance standards.
 1197         (2) Establish a uniform waiting list to track eligible
 1198  children waiting for enrollment in the school readiness program
 1199  in accordance with rules adopted by the office.
 1200         (3) Establish a resource and referral network operating
 1201  under s. 1002.92 to assist parents in making an informed choice
 1202  and provide maximum parental choice of providers and to provide
 1203  information on available community resources.
 1204         (4) Establish a regional Warm-Line as directed by the
 1205  office pursuant to s. 1002.82(2)(r). Regional Warm-Line staff
 1206  shall provide onsite technical assistance, when requested, to
 1207  assist child care facilities and family day care homes with
 1208  inquiries relating to the strategies, curriculum, and
 1209  environmental adaptations the child care facilities and family
 1210  day care homes may need as they serve children with disabilities
 1211  and other special needs.
 1212         (5) Establish an age-appropriate screening, for children
 1213  ages birth to 5 years, of each child’s development and an
 1214  appropriate referral process for children with identified
 1215  delays. Such screening shall not be a requirement of entry into
 1216  the school readiness program and shall be only given with
 1217  parental consent.
 1218         (6) Implement an age-appropriate preassessment and
 1219  postassessment of children if specified in the coalition’s
 1220  approved plan.
 1221         (7) Determine child eligibility pursuant to s. 1002.87 and
 1222  provider eligibility pursuant to s. 1002.88. At a minimum, child
 1223  eligibility must be redetermined annually. Redetermination must
 1224  also be conducted twice per year for an additional 50 percent of
 1225  a coalition’s enrollment through a statistically valid random
 1226  sampling. A coalition must document the reason why a child is no
 1227  longer eligible for the school readiness program according to
 1228  the standard codes prescribed by the office.
 1229         (8) Establish a parent sliding fee scale that requires a
 1230  parent copayment to participate in the school readiness program.
 1231  Providers are required to collect the parent’s copayment. A
 1232  coalition may, on a case-by-case basis, waive the copayment for
 1233  an at-risk child or temporarily waive the copayment for a child
 1234  whose family experiences a natural disaster or an event that
 1235  limits the parent’s ability to pay, such as incarceration,
 1236  placement in residential treatment, or becoming homeless, or an
 1237  emergency situation such as a household fire or burglary, or
 1238  while the parent is participating in parenting classes. A parent
 1239  may not transfer school readiness program services to another
 1240  school readiness program provider until the parent has submitted
 1241  documentation from the current school readiness program provider
 1242  to the early learning coalition stating that the parent has
 1243  satisfactorily fulfilled the copayment obligation.
 1244         (9) Establish proper maintenance of records related to
 1245  eligibility and enrollment files, provider payments, coalition
 1246  staff background screenings, and other documents required for
 1247  the implementation of the school readiness program.
 1248         (10) Establish a records retention requirement for sign-in
 1249  and sign-out records that is consistent with state and federal
 1250  law. Attendance records may not be altered or amended after
 1251  December 31 of the subsequent year.
 1252         (11) Comply with the tangible personal property
 1253  requirements of chapter 274 and any rules adopted thereunder.
 1254         (12) Comply with federal procurement requirements and the
 1255  procurement requirements of ss. 215.971, 287.057, and 287.058,
 1256  except that an early learning coalition is not required to
 1257  competitively procure direct services for school readiness
 1258  program and Voluntary Prekindergarten Education Program
 1259  providers.
 1260         (13) Establish proper information technology security
 1261  controls, including, but not limited to, periodically reviewing
 1262  the appropriateness of access privileges assigned to users of
 1263  certain systems; monitoring system hardware performance and
 1264  capacity-related issues; and ensuring appropriate backup
 1265  procedures and disaster recovery plans are in place.
 1266         (14) Develop written policies, procedures, and standards
 1267  for monitoring vendor contracts, including, but not limited to,
 1268  provisions specifying the particular procedures that may be used
 1269  to evaluate contractor performance and the documentation that is
 1270  to be maintained to serve as a record of contractor performance.
 1271  This subsection does not apply to contracts with school
 1272  readiness program providers or Voluntary Prekindergarten
 1273  Education Program providers.
 1274         (15) Monitor school readiness program providers in
 1275  accordance with its plan, or in response to a parental
 1276  complaint, to verify that the standards prescribed in ss.
 1277  1002.82 and 1002.88 are being met using a standard monitoring
 1278  tool adopted by the office. Providers determined to be high-risk
 1279  by the coalition, as demonstrated by substantial findings of
 1280  violations of federal law or the general or local laws of the
 1281  state, shall be monitored more frequently. Providers with 3
 1282  consecutive years of compliance may be monitored biennially.
 1283         (16) Adopt a payment schedule that encompasses all programs
 1284  funded under this part and part V of this chapter. The payment
 1285  schedule must take into consideration the average market rate,
 1286  include the projected number of children to be served, and be
 1287  submitted for approval by the office. Informal child care
 1288  arrangements shall be reimbursed at not more than 50 percent of
 1289  the rate adopted for a family day care home.
 1290         (17) Implement an anti-fraud plan addressing the detection,
 1291  reporting, and prevention of overpayments, abuse, and fraud
 1292  relating to the provision of and payment for school readiness
 1293  program and Voluntary Prekindergarten Education Program services
 1294  and submit the plan to the office for approval, as required by
 1295  s. 1002.91.
 1296         (18) By October 1 of each year, submit an annual report to
 1297  the office. The report shall conform to the format adopted by
 1298  the office and must include:
 1299         (a) Segregation of school readiness program funds,
 1300  Voluntary Prekindergarten Education Program funds, Child Care
 1301  Executive Partnership Program funds, and other local revenues
 1302  available to the coalition.
 1303         (b) Details of expenditures by fund source, including total
 1304  expenditures for administrative activities, quality activities,
 1305  nondirect services, and direct services for children.
 1306         (c) The total number of coalition staff and the related
 1307  expenditures for salaries and benefits. For any subcontracts,
 1308  the total number of contracted staff and the related
 1309  expenditures for salaries and benefits must be included.
 1310         (d) The number of children served in the school readiness
 1311  program, by provider type, enumerated by age and eligibility
 1312  priority category, reported as the number of children served
 1313  during the month, the average participation throughout the
 1314  month, and the number of children served during the month.
 1315         (e) The total number of children disenrolled during the
 1316  year and the reasons for disenrollment.
 1317         (f) The total number of providers by provider type.
 1318         (g) A listing of any school readiness program provider, by
 1319  type, whose eligibility to deliver the school readiness program
 1320  is revoked, including a brief description of the state or
 1321  federal violation that resulted in the revocation.
 1322         (h) An evaluation of its direct enhancement services.
 1323         (i) The total number of children served in each provider
 1324  facility.
 1325         (19) Maintain its administrative staff at the minimum
 1326  necessary to administer the duties of the early learning
 1327  coalition.
 1328         (20) To increase transparency and accountability, comply
 1329  with the requirements of this section before contracting with a
 1330  member of the coalition or a relative, as defined in s.
 1331  112.3143(1)(b), of a coalition member or of an employee of the
 1332  coalition. Such contracts may not be executed without the
 1333  approval of the office. Such contracts, as well as documentation
 1334  demonstrating adherence to this section by the coalition, must
 1335  be approved by a two-thirds vote of the coalition, a quorum
 1336  having been established; all conflicts of interest must be
 1337  disclosed before the vote; and any member who may benefit from
 1338  the contract, or whose relative may benefit from the contract,
 1339  must abstain from the vote. A contract under $25,000 between an
 1340  early learning coalition and a member of that coalition or
 1341  between a relative, as defined in s. 112.3143(1)(b), of a
 1342  coalition member or of an employee of the coalition is not
 1343  required to have the prior approval of the office but must be
 1344  approved by a two-thirds vote of the coalition, a quorum having
 1345  been established, and must be reported to the office within 30
 1346  days after approval. If a contract cannot be approved by the
 1347  office, a review of the decision to disapprove the contract may
 1348  be requested by the early learning coalition or other parties to
 1349  the disapproved contract.
 1350         1002.85 Early learning coalition plans.—
 1351         (1) The office shall adopt rules prescribing the
 1352  standardized format and required content of school readiness
 1353  program plans as necessary for a coalition or other qualified
 1354  entity to administer the school readiness program as provided in
 1355  this part.
 1356         (2) Each early learning coalition must biennially submit a
 1357  school readiness program plan to the office before the
 1358  expenditure of funds. A coalition may not implement its school
 1359  readiness program plan until it receives approval from the
 1360  office. A coalition may not implement any revision to its school
 1361  readiness program plan until the coalition submits the revised
 1362  plan to and receives approval from the office. If the office
 1363  rejects a plan or revision, the coalition must continue to
 1364  operate under its previously approved plan. The plan must
 1365  include, but is not limited to:
 1366         (a) The coalition’s operations, including its membership
 1367  and business organization, and the coalition’s articles of
 1368  incorporation and bylaws if the coalition is organized as a
 1369  corporation. If the coalition is not organized as a corporation
 1370  or other business entity, the plan must include the contract
 1371  with a fiscal agent.
 1372         (b) The minimum number of children to be served by care
 1373  level.
 1374         (c) The coalition’s procedures for implementing the
 1375  requirements of this part, including:
 1376         1. Single point of entry.
 1377         2. Uniform waiting list.
 1378         4. Eligibility and enrollment processes.
 1379         5. Parent access and choice.
 1380         6. Sliding fee scale and policies on applying the waiver or
 1381  reduction of fees in accordance with 1002.84(8).
 1382         7. Use of preassessments and postassessments, as
 1383  applicable.
 1384         8. Payment rate.
 1385         (d) A detailed description of the coalition’s quality
 1386  activities and services, including:
 1387         1. Resource and referral and school-age child care.
 1388         2. Infant and toddler early learning.
 1389         3. Inclusive early learning programs.
 1390         (e) A detailed budget that outlines estimated expenditures
 1391  for state, federal, and local matching funds at the lowest level
 1392  of detail available by other-cost-accumulator code number; all
 1393  estimated sources of revenue with identifiable descriptions; a
 1394  listing of full-time equivalent positions; contracted
 1395  subcontractor costs with related annual compensation amount or
 1396  hourly rate of compensation; and a capital improvements plan
 1397  outlining existing fixed capital outlay projects and proposed
 1398  capital outlay projects that will begin during the budget year.
 1399         (f) A detailed accounting, in the format prescribed by the
 1400  office, of all revenues and expenditures during the previous
 1401  state fiscal year. Revenue sources should be identifiable and
 1402  expenditures should be reported by three categories: state and
 1403  federal funds, local matching funds, and Child Care Executive
 1404  Partnership Program funds.
 1405         (g) Updated policies and procedures, including those
 1406  governing procurement, maintenance of tangible personal
 1407  property, maintenance of records, information technology
 1408  security, and disbursement controls.
 1409         (h) A description of the procedures for monitoring school
 1410  readiness program providers, including in response to a parental
 1411  complaint, to determine that the standards prescribed in ss.
 1412  1002.82 and 1002.88 are met using a standard monitoring tool
 1413  adopted by the office. Providers determined to be high risk by
 1414  the coalition as demonstrated by substantial findings of
 1415  violations of law shall be monitored more frequently.
 1416         (i) Documentation that the coalition has solicited and
 1417  considered comments regarding the proposed school readiness
 1418  program plan from the local community.
 1419         (3) The coalition may periodically amend its plan as
 1420  necessary. An amended plan must be submitted to and approved by
 1421  the office before any expenditures are incurred on the new
 1422  activities proposed in the amendment.
 1423         (4) The office shall publish a copy of the standardized
 1424  format and required content of school readiness program plans on
 1425  its website.
 1426         (5) The office shall collect and report data on coalition
 1427  delivery of early learning programs. Elements shall include, but
 1428  are not limited to, measures related to progress towards
 1429  reducing the number of children on the waitlist, the percentage
 1430  of children served by the program as compared to the number of
 1431  administrative staff and overhead, the percentage of children
 1432  served compared to total number of children under the age of 5
 1433  years below 150 percent of the federal poverty level, provider
 1434  payment processes, fraud intervention, child attendance and
 1435  stability, use of child care resource and referral, and
 1436  kindergarten readiness outcomes for children in the Voluntary
 1437  Prekindergarten Education Program or the school readiness
 1438  program upon entry into kindergarten. The office shall request
 1439  input from the coalitions and school readiness program providers
 1440  before finalizing the format and data to be used. The report
 1441  shall be implemented beginning July 1, 2014, and results of the
 1442  report must be included in the annual report under s. 1002.82.
 1443         1002.86 School readiness program; education component.—The
 1444  education component of the school readiness program should be
 1445  developmentally appropriate and based on research, involve the
 1446  parent as the child’s first teacher, serve as a preventive
 1447  measure for children at risk of future school failure, and
 1448  enhance the educational readiness of eligible children. The
 1449  school readiness program should be of assistance to parents in
 1450  preparing their at-risk children for educational success,
 1451  including, as appropriate, health screening and referral.
 1452         1002.87 School readiness program; eligibility and
 1453  enrollment.—
 1454         (1) Effective August 1, 2013, or upon reevaluation of
 1455  eligibility for children currently served, whichever is later,
 1456  each early learning coalition shall give priority for
 1457  participation in the school readiness program as follows:
 1458         (a) Priority shall be given first to a child younger than
 1459  13 years of age from a family that includes a parent who is
 1460  receiving temporary cash assistance under chapter 414 and
 1461  subject to the federal work requirements.
 1462         (b) Priority shall be given next to an at-risk child
 1463  younger than 9 years of age.
 1464         (c) Priority shall be given next to a child from birth to
 1465  the beginning of the school year for which the child is eligible
 1466  for admission to kindergarten in a public school under s.
 1467  1003.21(1)(a)2. who is from a working family that is
 1468  economically disadvantaged, and may include such child’s
 1469  eligible siblings, beginning with the school year in which the
 1470  sibling is eligible for admission to kindergarten in a public
 1471  school under s. 1003.21(1)(a)2. until the beginning of the
 1472  school year in which the sibling is eligible to begin 6th grade,
 1473  provided that the first priority for funding an eligible sibling
 1474  is local revenues available to the coalition for funding direct
 1475  services. However, a child eligible under this paragraph ceases
 1476  to be eligible if his or her family income exceeds 200 percent
 1477  of the federal poverty level.
 1478         (d) Priority shall be given next to an at-risk child who is
 1479  at least 9 years of age but younger than 13 years of age. An at
 1480  risk child whose sibling is enrolled in the school readiness
 1481  program within an eligibility priority category listed in
 1482  paragraphs (a)-(c) shall be given priority over other children
 1483  who are eligible under this paragraph.
 1484         (e) Priority shall be given next to a child who is younger
 1485  than 13 years of age from a working family that is economically
 1486  disadvantaged. A child who is eligible under this paragraph
 1487  whose sibling is enrolled in the school readiness program under
 1488  paragraph (c) shall be given priority over other children who
 1489  are eligible under this paragraph. However, a child eligible
 1490  under this paragraph ceases to be eligible if his or her family
 1491  income exceeds 200 percent of the federal poverty level.
 1492         (f) Priority shall be given next to a child who has special
 1493  needs, has been determined eligible as a student with a
 1494  disability, has a current individual education plan with a
 1495  Florida school district, and is not younger than 3 years of age.
 1496  A special needs child eligible under this paragraph remains
 1497  eligible until the child is eligible for admission to
 1498  kindergarten in a public school under s. 1003.21(1)(a)2.
 1499         (g) Priority shall be given next to a child of a parent who
 1500  transitions from the work program into employment as described
 1501  in s. 445.032.
 1502         (h) Notwithstanding paragraphs (a)-(d), priority shall be
 1503  given last to a child who otherwise meets one of the eligibility
 1504  criteria in paragraphs (a)-(d) but who is also enrolled
 1505  concurrently in the federal Head Start Program and the Voluntary
 1506  Prekindergarten Education Program.
 1507         (2) A school readiness program provider may be paid only
 1508  for authorized hours of care provided for a child in the school
 1509  readiness program. A child enrolled in the Voluntary
 1510  Prekindergarten Education Program may receive care from the
 1511  school readiness program if the child is eligible according to
 1512  the eligibility priorities in this section.
 1513         (3) Contingent upon the availability of funds, a coalition
 1514  shall enroll eligible children, including those from its waiting
 1515  list, according to the eligibility priorities in this section.
 1516         (4) The parent of a child enrolled in the school readiness
 1517  program must notify the coalition or its designee within 10 days
 1518  after any change in employment, income, or family size. Upon
 1519  notification by the parent, the child’s eligibility must be
 1520  reevaluated.
 1521         (5) A child whose eligibility priority category requires
 1522  the child to be from a working family ceases to be eligible for
 1523  the school readiness program if a parent with whom the child
 1524  resides does not reestablish employment within 60 days after
 1525  becoming unemployed.
 1526         (6) Eligibility for each child must be reevaluated
 1527  annually. Upon reevaluation, a child may not continue to receive
 1528  school readiness program services if he or she has ceased to be
 1529  eligible under this section.
 1530         (7) If a coalition disenrolls children from the school
 1531  readiness program, the coalition must disenroll the children in
 1532  reverse order of the eligibility priorities listed in subsection
 1533  (1) beginning with children from families with the highest
 1534  family incomes. A notice of disenrollment must be sent to the
 1535  parent and school readiness program provider at least 2 weeks
 1536  before disenrollment to provide adequate time for the parent to
 1537  arrange alternative care for the child. However, an at-risk
 1538  child may not be disenrolled from the program without the
 1539  written approval of the Child Welfare Program Office of the
 1540  Department of Children and Families or the community-based lead
 1541  agency.
 1542         (8) If a child is absent from the program for 5 consecutive
 1543  days without parental notification to the program of such
 1544  absence, the school readiness program provider shall report the
 1545  absence to the early learning coalition for a determination of
 1546  the need for continued care.
 1547         (9) Notwithstanding s. 39.604, a school readiness program
 1548  provider, regardless of whether the provider is licensed, shall
 1549  comply with the reporting requirements of the Rilya Wilson Act
 1550  for each at-risk child under the age of school entry who is
 1551  enrolled in the school readiness program.
 1552         1002.88 School readiness program provider standards;
 1553  eligibility to deliver the school readiness program.—
 1554         (1) To be eligible to deliver the school readiness program,
 1555  a school readiness program provider must:
 1556         (a) Be a child care facility licensed under s. 402.305, a
 1557  family day care home licensed or registered under s. 402.313, a
 1558  large family child care home licensed under s. 402.3131, a
 1559  public school or nonpublic school exempt from licensure under s.
 1560  402.3025, a faith-based child care provider exempt from
 1561  licensure under s. 402.316, a before-school or after-school
 1562  program described in s. 402.305(1)(c), or an informal child care
 1563  provider to the extent authorized in the state’s Child Care and
 1564  Development Fund Plan as approved by the United States
 1565  Department of Health and Human Services pursuant to 45 C.F.R. s.
 1566  98.18.
 1567         (b) Provide instruction and activities to enhance the age
 1568  appropriate progress of each child in attaining the child
 1569  development standards adopted by the office pursuant to s.
 1570  1002.82(2)(j). A provider should include activities to foster
 1571  brain development in infants and toddlers; provide an
 1572  environment that is rich in language and music and filled with
 1573  objects of various colors, shapes, textures, and sizes to
 1574  stimulate visual, tactile, auditory, and linguistic senses; and
 1575  include 30 minutes of reading to children each day.
 1576         (c) Provide basic health and safety of its premises and
 1577  facilities and compliance with requirements for age-appropriate
 1578  immunizations of children enrolled in the school readiness
 1579  program. For a child care facility, a large family child care
 1580  home, or a licensed family day care home, compliance with s.
 1581  402.305, s. 402.3131, or s. 402.313 satisfies this requirement.
 1582  For a public or nonpublic school, compliance with s. 402.3025 or
 1583  s. 1003.22 satisfies this requirement. A faith-based child care
 1584  provider, an informal child care provider, or a nonpublic
 1585  school, exempt from licensure under ss. 402.316 or 402.3025,
 1586  shall annually complete the health and safety checklist adopted
 1587  by the office, post the checklist prominently on its premises in
 1588  plain sight for visitors and parents, and submit it annually to
 1589  its local early learning coalition.
 1590         (d) Provide an appropriate staff-to-children ratio,
 1591  pursuant to s. 402.305(4) or s. 402.302(8) or (11), as
 1592  applicable, and as verified pursuant to s. 402.311.
 1593         (e) Provide a healthy and safe environment pursuant to s.
 1594  402.305(5), (6), and (7), as applicable, and as verified
 1595  pursuant to s. 402.311.
 1596         (f) Implement one of the curricula approved by the office
 1597  that meets the child development standards.
 1598         (g) Implement a character development program to develop
 1599  basic values.
 1600         (h) Collaborate with the respective early learning
 1601  coalition to complete initial screening for each child, aged 6
 1602  weeks to kindergarten eligibility, within 45 days after the
 1603  child’s first or subsequent enrollment, to identify a child who
 1604  may need individualized supports.
 1605         (i) Implement minimum standards for child discipline
 1606  practices that are age-appropriate and consistent with the
 1607  requirements in s. 402.305(12). Such standards must provide that
 1608  children not be subjected to discipline that is severe,
 1609  humiliating, or frightening or discipline that is associated
 1610  with food, rest, or toileting. Spanking or any other form of
 1611  physical punishment is prohibited.
 1612         (j) Obtain and keep on file record of the child’s
 1613  immunizations, physical development, and other health
 1614  requirements as necessary, including appropriate vision and
 1615  hearing screening and examination, within 30 days after
 1616  enrollment.
 1617         (k) Implement before-school or after-school programs that
 1618  meet or exceed the requirements of s. 402.305(5), (6), and (7).
 1619         (l) For a provider that is not an informal provider,
 1620  maintain general liability insurance and provide the coalition
 1621  with written evidence of general liability insurance coverage,
 1622  including coverage for transportation of children if school
 1623  readiness program children are transported by the provider. A
 1624  provider must obtain and retain an insurance policy that
 1625  provides a minimum of $100,000 of coverage per occurrence and a
 1626  minimum of $300,000 general aggregate coverage. The office may
 1627  authorize lower limits upon request, as appropriate. A provider
 1628  must add the coalition as a named certificateholder and as an
 1629  additional insured. A provider must provide the coalition with a
 1630  minimum of 10 calendar days’ advance written notice of
 1631  cancellation of or changes to coverage. The general liability
 1632  insurance required by this paragraph must remain in full force
 1633  and effect for the entire period of the provider contract with
 1634  the coalition.
 1635         (m) For a provider that is an informal provider, comply
 1636  with the provisions of paragraph (l) or maintain homeowner’s
 1637  liability insurance and, if applicable, a business rider. If an
 1638  informal provider chooses to maintain a homeowner’s policy, the
 1639  provider must obtain and retain a homeowner’s insurance policy
 1640  that provides a minimum of $100,000 of coverage per occurrence
 1641  and a minimum of $300,000 general aggregate coverage. The office
 1642  may authorize lower limits upon request, as appropriate. An
 1643  informal provider must add the coalition as a named
 1644  certificateholder and as an additional insured. An informal
 1645  provider must provide the coalition with a minimum of 10
 1646  calendar days’ advance written notice of cancellation of or
 1647  changes to coverage. The general liability insurance required by
 1648  this paragraph must remain in full force and effect for the
 1649  entire period of the provider’s contract with the coalition.
 1650         (n) Obtain and maintain any required workers’ compensation
 1651  insurance under chapter 440 and any required reemployment
 1652  assistance or unemployment compensation coverage under chapter
 1653  443.
 1654         (o) Notwithstanding paragraph (l), for a provider that is a
 1655  state agency or a subdivision thereof, as defined in s.
 1656  768.28(2), agree to notify the coalition of any additional
 1657  liability coverage maintained by the provider in addition to
 1658  that otherwise established under s. 768.28. The provider shall
 1659  indemnify the coalition to the extent permitted by s. 768.28.
 1660         (p) Execute the standard statewide provider contract
 1661  adopted by the office.
 1662         (q) Operate on a full-time and part-time basis and provide
 1663  extended-day and extended-year services to the maximum extent
 1664  possible without compromising the quality of the program to meet
 1665  the needs of parents who work.
 1666         (2) If a school readiness program provider fails or refuses
 1667  to comply with this part or any contractual obligation of the
 1668  statewide provider contract under s. 1002.82(2)(m), the
 1669  coalition may revoke the provider’s eligibility to deliver the
 1670  school readiness program or receive state or federal funds under
 1671  this chapter for a period of 5 years.
 1672         (3) The office and the coalitions may not:
 1673         (a) Impose any requirement on a child care provider or
 1674  early childhood education provider that does not deliver
 1675  services under the school readiness program or receive state or
 1676  federal funds under this part;
 1677         (b) Impose any requirement on a school readiness program
 1678  provider that exceeds the authority provided under this part or
 1679  part V of this chapter or rules adopted pursuant to this part or
 1680  part V of this chapter; or
 1681         (c) Require a provider to administer a preassessment or
 1682  postassessment.
 1683         1002.89 School readiness program; funding.—
 1684         (1) Funding for the school readiness program shall be
 1685  allocated among the early learning coalitions in accordance with
 1686  this section and the General Appropriations Act.
 1687         (2) The office shall administer school readiness program
 1688  funds and prepare and submit a unified budget request for the
 1689  school readiness program in accordance with chapter 216.
 1690         (3) All instructions to early learning coalitions for
 1691  administering this section shall emanate from the office in
 1692  accordance with the policies of the Legislature.
 1693         (4) All cost savings and all revenues received through a
 1694  mandatory sliding fee scale shall be used to increase the number
 1695  of children served.
 1696         (5) All state, federal, and local matching funds provided
 1697  to an early learning coalition for purposes of this section
 1698  shall be used for implementation of its approved school
 1699  readiness program plan, including the hiring of staff to
 1700  effectively operate the school readiness program.
 1701         (6) Costs shall be kept to the minimum necessary for the
 1702  efficient and effective administration of the school readiness
 1703  program with the highest priority of expenditure being direct
 1704  services for eligible children. However, no more than 5 percent
 1705  of the funds described in subsection (5) may be used for
 1706  administrative costs and no more than 22 percent of the funds
 1707  described in subsection (5) may be used in any fiscal year for
 1708  any combination of administrative costs, quality activities, and
 1709  nondirect services as follows:
 1710         (a) Administrative costs as described in 45 C.F.R. s.
 1711  98.52, which shall include monitoring providers using the
 1712  standard methodology adopted under s. 1002.82 to improve
 1713  compliance with state and federal regulations and law pursuant
 1714  to the requirements of the statewide provider contract adopted
 1715  under s. 1002.82(2)(m).
 1716         (b) Activities to improve the quality of child care as
 1717  described in 45 C.F.R. s. 98.51, which shall be limited to the
 1718  following:
 1719         1. Developing, establishing, expanding, operating, and
 1720  coordinating resource and referral programs specifically related
 1721  to the provision of comprehensive consumer education to parents
 1722  and the public regarding participation in the school readiness
 1723  program and parental choice.
 1724         2. Awarding grants to school readiness program providers to
 1725  assist them in meeting applicable state requirements for child
 1726  care performance standards, implementing developmentally
 1727  appropriate curricula and related classroom resources that
 1728  support curricula, providing literacy supports, and providing
 1729  professional development. Any grants awarded pursuant to this
 1730  subparagraph shall comply with the requirements of ss. 215.971
 1731  and 287.058.
 1732         3. Providing training and technical assistance for school
 1733  readiness program providers, staff, and parents on standards,
 1734  child screenings, child assessments, developmentally appropriate
 1735  curricula, character development, teacher-child interactions,
 1736  age-appropriate discipline practices, health and safety,
 1737  nutrition, first aid, the recognition of communicable diseases,
 1738  and child abuse detection and prevention.
 1739         4. Providing from among the funds provided for the
 1740  activities described in subparagraphs 1.-3., adequate funding
 1741  for infants and toddlers as necessary to meet federal
 1742  requirements related to expenditures for quality activities for
 1743  infant and toddler care.
 1744         5. Improving the monitoring of compliance with, and
 1745  enforcement of, applicable state and local requirements as
 1746  described in and limited by 45 C.F.R. s. 98.40.
 1747         6. Responding to Warm-Line requests by providers and
 1748  parents related to school readiness program children, including
 1749  providing developmental and health screenings to school
 1750  readiness program children.
 1751         (c) Nondirect services as described in applicable Office of
 1752  Management and Budget instructions are those services not
 1753  defined as administrative, direct, or quality services that are
 1754  required to administer the school readiness program. Such
 1755  services include, but are not limited to:
 1756         1. Assisting families to complete the required application
 1757  and eligibility documentation.
 1758         2. Determining child and family eligibility.
 1759         3. Recruiting eligible child care providers.
 1760         4. Processing and tracking attendance records.
 1761         5. Developing and maintaining a statewide child care
 1762  information system.
 1763  
 1764  As used in this paragraph, the term “nondirect services” does
 1765  not include payments to school readiness program providers for
 1766  direct services provided to children who are eligible under s.
 1767  1002.87, administrative costs as described in paragraph (a), or
 1768  quality activities as described in paragraph (b).
 1769         (7) Funds appropriated for the school readiness program may
 1770  not be expended for the purchase or improvement of land, for the
 1771  purchase, construction, or permanent improvement of any building
 1772  or facility, or for the purchase of buses. However, funds may be
 1773  expended for minor remodeling and upgrading child care
 1774  facilities to ensure that providers meet state and local child
 1775  care standards, including applicable health and safety
 1776  requirements.
 1777         (8) Beginning in the 2014-2015 fiscal year, all state
 1778  appropriated funding for the school readiness program shall be
 1779  allocated to early learning coalitions based on the average
 1780  prior year enrollment and the uniform waiting list as adopted by
 1781  the Early Learning Programs Estimating Conference pursuant to s.
 1782  216.136(8) and using the average market rate by program care
 1783  level and provider type pursuant to s. 1002.895.
 1784         1002.895 Market rate schedule.—The school readiness program
 1785  market rate schedule shall be implemented as follows:
 1786         (1) The office shall establish procedures for the adoption
 1787  of a market rate schedule. The schedule must include, at a
 1788  minimum, county-by-county rates:
 1789         (a) The market rate, including the minimum and the maximum
 1790  rates for child care providers that hold a Gold Seal Quality
 1791  Care designation under s. 402.281.
 1792         (b) The market rate for child care providers that do not
 1793  hold a Gold Seal Quality Care designation.
 1794         (2) The market rate schedule, at a minimum, must:
 1795         (a) Differentiate rates by type, including, but not limited
 1796  to, a child care provider that holds a Gold Seal Quality Care
 1797  designation under s. 402.281, a child care facility licensed
 1798  under s. 402.305, a public or nonpublic school exempt from
 1799  licensure under s. 402.3025, a faith-based child care facility
 1800  exempt from licensure under s. 402.316 that does not hold a Gold
 1801  Seal Quality Care designation, a large family child care home
 1802  licensed under s. 402.3131, or a family day care home licensed
 1803  or registered under s. 402.313.
 1804         (b) Differentiate rates by the type of child care services
 1805  provided for children with special needs or risk categories,
 1806  infants, toddlers, preschool-age children, and school-age
 1807  children.
 1808         (c) Differentiate rates between full-time and part-time
 1809  child care services.
 1810         (d) Consider discounted rates for child care services for
 1811  multiple children in a single family.
 1812         (3) The market rate schedule must be based exclusively on
 1813  the prices charged for child care services.
 1814         (4) The market rate schedule shall be considered by an
 1815  early learning coalition in the adoption of a payment schedule.
 1816  The payment schedule must take into consideration the average
 1817  market rate, include the projected number of children to be
 1818  served, and be submitted for approval by the office. Informal
 1819  child care arrangements shall be reimbursed at not more than 50
 1820  percent of the rate adopted for a family day care home.
 1821         (5) The office may contract with one or more qualified
 1822  entities to administer this section and provide support and
 1823  technical assistance for child care providers.
 1824         (6) The office may adopt rules for establishing procedures
 1825  for the collection of child care providers’ market rate, the
 1826  calculation of the average market rate by program care level and
 1827  provider type in a predetermined geographic market, and the
 1828  publication of the market rate schedule.
 1829         1002.91 Investigations of fraud or overpayment; penalties.—
 1830         (1) As used in this subsection, the term “fraud” means an
 1831  intentional deception, omission, or misrepresentation made by a
 1832  person with knowledge that the deception, omission, or
 1833  misrepresentation may result in unauthorized benefit to that
 1834  person or another person, or any aiding and abetting of the
 1835  commission of such an act. The term includes any act that
 1836  constitutes fraud under applicable federal or state law.
 1837         (2) To recover state, federal, and local matching funds,
 1838  the office shall investigate early learning coalitions,
 1839  recipients, and providers of the school readiness program and
 1840  the Voluntary Prekindergarten Education Program to determine
 1841  possible fraud or overpayment. If by its own inquiries, or as a
 1842  result of a complaint, the office has reason to believe that a
 1843  person, coalition, or provider has engaged in, or is engaging
 1844  in, a fraudulent act, it shall investigate and determine whether
 1845  any overpayment has occurred due to the fraudulent act. During
 1846  the investigation, the office may examine all records, including
 1847  electronic benefits transfer records, and make inquiry of all
 1848  persons who may have knowledge as to any irregularity incidental
 1849  to the disbursement of public moneys or other items or benefits
 1850  authorizations to recipients.
 1851         (3) Based on the results of the investigation, the office
 1852  may, in its discretion, refer the investigation to the
 1853  Department of Financial Services for criminal investigation or
 1854  refer the matter to the applicable coalition. Any suspected
 1855  criminal violation identified by the office must be referred to
 1856  the Department of Financial Services for criminal investigation.
 1857         (4) An early learning coalition may suspend or terminate a
 1858  provider from participation in the school readiness program or
 1859  the Voluntary Prekindergarten Education Program when it has
 1860  reasonable cause to believe that the provider has committed
 1861  fraud. The office shall adopt by rule appropriate due process
 1862  procedures that the early learning coalition shall apply in
 1863  suspending or terminating any provider, including the suspension
 1864  or termination of payment. If suspended, the provider shall
 1865  remain suspended until the completion of any investigation by
 1866  the office, the Department of Financial Services, or any other
 1867  state or federal agency, and any subsequent prosecution or other
 1868  legal proceeding.
 1869         (5) If a school readiness program provider or a Voluntary
 1870  Prekindergarten Education Program provider, or an owner,
 1871  officer, or director thereof, is convicted of, found guilty of,
 1872  or pleads guilty or nolo contendere to, regardless of
 1873  adjudication, public assistance fraud pursuant to s. 414.39, or
 1874  is acting as the beneficial owner for someone who has been
 1875  convicted of, found guilty of, or pleads guilty or nolo
 1876  contendere to, regardless of adjudication, public assistance
 1877  fraud pursuant to s. 414.39, the early learning coalition shall
 1878  refrain from contracting with, or using the services of, that
 1879  provider for a period of 5 years. In addition, the coalition
 1880  shall refrain from contracting with, or using the services of,
 1881  any provider that shares an officer or director with a provider
 1882  that is convicted of, found guilty of, or pleads guilty or nolo
 1883  contendere to, regardless of adjudication, public assistance
 1884  fraud pursuant to s. 414.39 for a period of 5 years.
 1885         (6) If the investigation is not confidential or otherwise
 1886  exempt from disclosure by law, the results of the investigation
 1887  may be reported by the office to the appropriate legislative
 1888  committees, the Department of Children and Families, and such
 1889  other persons as the office deems appropriate.
 1890         (7) The early learning coalition may not contract with a
 1891  school readiness program provider or a Voluntary Prekindergarten
 1892  Education Program provider who is on the United States
 1893  Department of Agriculture National Disqualified List. In
 1894  addition, the coalition may not contract with any provider that
 1895  shares an officer or director with a provider that is on the
 1896  United States Department of Agriculture National Disqualified
 1897  List.
 1898         (8) Each early learning coalition shall adopt an anti-fraud
 1899  plan addressing the detection and prevention of overpayments,
 1900  abuse, and fraud relating to the provision of and payment for
 1901  school readiness program and Voluntary Prekindergarten Education
 1902  Program services and submit the plan to the office for approval.
 1903  The office shall adopt rules establishing criteria for the anti
 1904  fraud plan, including appropriate due process provisions. The
 1905  anti-fraud plan must include, at a minimum:
 1906         (a) A written description or chart outlining the
 1907  organizational structure of the plan’s personnel who are
 1908  responsible for the investigation and reporting of possible
 1909  overpayment, abuse, or fraud.
 1910         (b) A description of the plan’s procedures for detecting
 1911  and investigating possible acts of fraud, abuse, or overpayment.
 1912         (c) A description of the plan’s procedures for the
 1913  mandatory reporting of possible overpayment, abuse, or fraud to
 1914  the Office of Inspector General within the office.
 1915         (d) A description of the plan’s program and procedures for
 1916  educating and training personnel on how to detect and prevent
 1917  fraud, abuse, and overpayment.
 1918         (e) A description of the plan’s procedures, including the
 1919  appropriate due process provisions adopted by the office for
 1920  suspending or terminating from the school readiness program or
 1921  the Voluntary Prekindergarten Education Program a recipient or
 1922  provider who the early learning coalition believes has committed
 1923  fraud.
 1924         (9) A person who commits an act of fraud as defined in this
 1925  section is subject to the penalties provided in s. 414.39(5)(a)
 1926  and (b).
 1927         1002.92 Child care and early childhood resource and
 1928  referral.—
 1929         (1) As a part of the school readiness program, the office
 1930  shall establish a statewide child care resource and referral
 1931  network that is unbiased and provides referrals to families for
 1932  child care and information on available community resources.
 1933  Preference shall be given to using early learning coalitions as
 1934  the child care resource and referral agencies. If an early
 1935  learning coalition cannot comply with the requirements to offer
 1936  the resource information component or does not want to offer
 1937  that service, the early learning coalition shall select the
 1938  resource and referral agency for its county or multicounty
 1939  region based upon the procurement requirements of s.
 1940  1002.84(12).
 1941         (2) At least one child care resource and referral agency
 1942  must be established in each early learning coalition’s county or
 1943  multicounty region. The office shall adopt rules regarding
 1944  accessibility of child care resource and referral services
 1945  offered through child care resource and referral agencies in
 1946  each county or multicounty region which include, at a minimum,
 1947  required hours of operation, methods by which parents may
 1948  request services, and child care resource and referral staff
 1949  training requirements.
 1950         (3) Child care resource and referral agencies shall provide
 1951  the following services:
 1952         (a) Identification of existing public and private child
 1953  care and early childhood education services, including child
 1954  care services by public and private employers, and the
 1955  development of a resource file of those services through the
 1956  single statewide information system developed by the office
 1957  under s. 1002.82(2)(n). These services may include family day
 1958  care, public and private child care programs, the Voluntary
 1959  Prekindergarten Education Program, Head Start, the school
 1960  readiness program, special education programs for
 1961  prekindergarten children with disabilities, services for
 1962  children with developmental disabilities, full-time and part
 1963  time programs, before-school and after-school programs, vacation
 1964  care programs, parent education, the temporary cash assistance
 1965  program, and related family support services. The resource file
 1966  shall include, but not be limited to:
 1967         1. Type of program.
 1968         2. Hours of service.
 1969         3. Ages of children served.
 1970         4. Number of children served.
 1971         5. Program information.
 1972         6. Fees and eligibility for services.
 1973         7. Availability of transportation.
 1974         (b) Establishment of a referral process that responds to
 1975  parental need for information and that is provided with full
 1976  recognition of the confidentiality rights of parents. The
 1977  resource and referral network shall make referrals to legally
 1978  operating child care facilities. Referrals may not be made to a
 1979  child care facility that is operating illegally.
 1980         (c) Maintenance of ongoing documentation of requests for
 1981  service tabulated through the internal referral process through
 1982  the single statewide information system. The following
 1983  documentation of requests for service shall be maintained by the
 1984  child care resource and referral network:
 1985         1. Number of calls and contacts to the child care resource
 1986  information and referral network component by type of service
 1987  requested.
 1988         2. Ages of children for whom service was requested.
 1989         3. Time category of child care requests for each child.
 1990         4. Special time category, such as nights, weekends, and
 1991  swing shift.
 1992         5. Reason that the child care is needed.
 1993         6. Name of the employer and primary focus of the business
 1994  for an employer based child care program.
 1995         (d) Provision of technical assistance to existing and
 1996  potential providers of child care services. This assistance may
 1997  include:
 1998         1. Information on initiating new child care services,
 1999  zoning, and program and budget development and assistance in
 2000  finding such information from other sources.
 2001         2. Information and resources which help existing child care
 2002  services providers to maximize their ability to serve children
 2003  and parents in their community.
 2004         3. Information and incentives that may help existing or
 2005  planned child care services offered by public or private
 2006  employers seeking to maximize their ability to serve the
 2007  children of their working parent employees in their community,
 2008  through contractual or other funding arrangements with
 2009  businesses.
 2010         (e) Assistance to families and employers in applying for
 2011  various sources of subsidy, including, but not limited to, the
 2012  Voluntary Prekindergarten Education Program, the school
 2013  readiness program, Head Start, Project Independence, private
 2014  scholarships, and the federal child and dependent care tax
 2015  credit.
 2016         (f) Assistance to families to negotiate discounts or other
 2017  special arrangements with child care providers.
 2018         (g) Assistance to families in identifying summer recreation
 2019  camp and summer day camp programs to help families make informed
 2020  choice. Contingent upon specific appropriation, a checklist of
 2021  important health and safety qualities that parents can use to
 2022  choose their summer camp programs shall be developed and
 2023  distributed in a manner that will reach parents interested in
 2024  such programs for their children.
 2025         (h) Assistance to families for accessing local community
 2026  resources.
 2027         (4) A child care facility licensed under s. 402.305 and
 2028  licensed and registered family day care homes must provide the
 2029  statewide child care and resource and referral network with the
 2030  following information annually:
 2031         (a) Type of program.
 2032         (b) Hours of service.
 2033         (c) Ages of children served.
 2034         (d) Fees and eligibility for services.
 2035         1002.93 School readiness program transportation services.—
 2036         (1) The office may authorize an early learning coalition to
 2037  establish school readiness program transportation services for
 2038  children at risk of abuse or neglect who are participating in
 2039  the school readiness program, pursuant to chapter 427. The early
 2040  learning coalitions may contract for the provision of
 2041  transportation services as required by this section.
 2042         (2) The transportation servicers may only provide
 2043  transportation to each child participating in the school
 2044  readiness program to the extent that such transportation is
 2045  necessary to provide child care opportunities that otherwise
 2046  would not be available to a child whose home is more than a
 2047  reasonable walking distance from the nearest child care facility
 2048  or family day care home.
 2049         1002.94 Child Care Executive Partnership Program.—
 2050         (1) There is created a body politic and corporate known as
 2051  the Child Care Executive Partnership which shall establish and
 2052  govern the Child Care Executive Partnership Program. The purpose
 2053  of the Child Care Executive Partnership Program is to use state
 2054  and federal funds as incentives for matching local funds derived
 2055  from local governments, employers, charitable foundations, and
 2056  other sources so that Florida communities may create local
 2057  flexible partnerships with employers. The Child Care Executive
 2058  Partnership Program funds shall be used at the discretion of
 2059  local communities to meet the needs of working parents. A child
 2060  care purchasing pool shall be developed with the state, federal,
 2061  and local funds to provide subsidies to low-income working
 2062  parents whose family income does not exceed the allowable income
 2063  for any federally subsidized child care program with a dollar
 2064  for-dollar match from employers, local government, and other
 2065  matching contributions. The funds used from the child care
 2066  purchasing pool must be used to supplement or extend the use of
 2067  existing public or private funds for direct services.
 2068         (2) The Child Care Executive Partnership, staffed by the
 2069  office, shall consist of a representative of the Executive
 2070  Office of the Governor and nine members of the corporate or
 2071  child care community, appointed by the Governor.
 2072         (a) Members shall serve for a period of 4 years, except
 2073  that the representative of the Executive Office of the Governor
 2074  shall serve at the pleasure of the Governor.
 2075         (b) The Child Care Executive Partnership shall be chaired
 2076  by a member chosen by a majority vote and shall meet at least
 2077  quarterly and at other times upon the call of the chair. The
 2078  Child Care Executive Partnership may use any method of
 2079  telecommunications to conduct meetings, including establishing a
 2080  quorum through telecommunications, only if the public is given
 2081  proper notice of a telecommunications meeting and reasonable
 2082  access to observe and, when appropriate, participate.
 2083         (c) Members shall serve without compensation, but may be
 2084  reimbursed for per diem and travel expenses in accordance with
 2085  s. 112.061.
 2086         (d) The Child Care Executive Partnership shall have all the
 2087  powers and authority, not explicitly prohibited by law,
 2088  necessary to carry out and effectuate the purposes of this
 2089  section, as well as the functions, duties, and responsibilities
 2090  of the partnership, including, but not limited to, the
 2091  following:
 2092         1. Making recommendations concerning the implementation and
 2093  coordination of the school readiness program.
 2094         2. Soliciting, accepting, receiving, investing, and
 2095  expending funds from public or private sources.
 2096         3. Contracting with public or private entities as
 2097  necessary.
 2098         4. Approving an annual budget.
 2099         5. Providing a report to the Governor, the Speaker of the
 2100  House of Representatives, and the President of the Senate on or
 2101  before December 1 of each year.
 2102  
 2103  Notwithstanding this subsection, the corporate body politic
 2104  previously established by prior law is the corporate body
 2105  politic for purposes of this section and shall continue in
 2106  existence. All member terms of the existing corporate body
 2107  politic expire as of June 30, 2013, and new members shall be
 2108  appointed beginning July 1, 2013, in accordance with this
 2109  subsection.
 2110         (3)(a) The Legislature shall annually determine the amount
 2111  of state or federal low-income child care moneys which shall be
 2112  used to create Child Care Executive Partnership Program child
 2113  care purchasing pools in counties chosen by the Child Care
 2114  Executive Partnership provided that at least two of the counties
 2115  have populations of no more than 300,000. The Legislature shall
 2116  annually review the effectiveness of the child care purchasing
 2117  pool program and reevaluate the percentage of additional state
 2118  or federal funds, if any, which can be used for the program’s
 2119  expansion.
 2120         (b) To ensure a seamless service delivery and ease of
 2121  access for families, the office shall administer the child care
 2122  purchasing pool funds.
 2123         (c) The office, in conjunction with the Child Care
 2124  Executive Partnership, shall develop procedures for disbursement
 2125  of funds through the child care purchasing pools. In order to be
 2126  considered for funding, an early learning coalition or the
 2127  office must commit to:
 2128         1. Matching the state purchasing pool funds on a dollar
 2129  for-dollar basis.
 2130         2. Expending only those public funds that are matched by
 2131  employers, local government, and other matching contributors who
 2132  contribute to the purchasing pool. Parents shall also pay a fee,
 2133  which may not be less than the amount identified in the early
 2134  learning coalition’s school readiness program sliding fee scale.
 2135         (d) Each early learning coalition shall establish a
 2136  community child care task force for each child care purchasing
 2137  pool. The task force must be composed of employers, parents,
 2138  private child care providers, and one representative from the
 2139  local children’s services council, if one exists in the area of
 2140  the purchasing pool. The early learning coalition is expected to
 2141  recruit the task force members from existing child care
 2142  councils, commissions, or task forces already operating in the
 2143  area of a purchasing pool. A majority of the task force shall
 2144  consist of employers.
 2145         (e) Each participating early learning coalition shall
 2146  develop a plan for the use of child care purchasing pool funds.
 2147  The plan must show how many children will be served by the
 2148  purchasing pool, how many will be new to receiving child care
 2149  services, and how the early learning coalition intends to
 2150  attract new employers and their employees to the program.
 2151         (4) The office may adopt any rules necessary for the
 2152  implementation and administration of this section.
 2153         1002.95 Teacher Education and Compensation Helps (TEACH)
 2154  scholarship program.—
 2155         (1) The office may contract for the administration of the
 2156  Teacher Education and Compensation Helps (TEACH) scholarship
 2157  program, which provides educational scholarships to caregivers
 2158  and administrators of early childhood programs, family day care
 2159  homes, and large family child care homes. The goal of the
 2160  program is to increase the education and training for
 2161  caregivers, increase the compensation for child caregivers who
 2162  complete the program requirements, and reduce the rate of
 2163  participant turnover in the field of early childhood education.
 2164         (2) The office shall adopt rules as necessary to administer
 2165  this section.
 2166         1002.96 Early Head Start collaboration grants.—
 2167         (1) Contingent upon specific appropriation, the office
 2168  shall establish a program to award collaboration grants to
 2169  assist local agencies in securing Early Head Start programs
 2170  through Early Head Start program federal grants. The
 2171  collaboration grants shall provide the required matching funds
 2172  for public and private nonprofit agencies that have been
 2173  approved for Early Head Start program federal grants.
 2174         (2) Public and private nonprofit agencies providing Early
 2175  Head Start programs applying for collaborative grants must:
 2176         (a) Meet the requirements in the Head Start program
 2177  performance standards and other applicable rules and
 2178  regulations.
 2179         (b) Collaborate with other service providers at the local
 2180  level.
 2181         (c) Provide a comprehensive array of health, nutritional,
 2182  and other services to the program’s pregnant women and very
 2183  young children, and their families.
 2184         (3) The office may adopt rules as necessary for the award
 2185  of collaboration grants to competing agencies and the
 2186  administration of the collaboration grants program under this
 2187  section.
 2188         Section 18. Section 411.011, Florida Statutes, is
 2189  transferred, renumbered as section 1002.97, Florida Statutes,
 2190  and amended to read:
 2191         1002.97 411.011 Records of children in the school readiness
 2192  program programs.—
 2193         (1) The individual records of children enrolled in the
 2194  school readiness program programs provided under this part s.
 2195  411.01, held by an early learning coalition or the office of
 2196  Early Learning, are confidential and exempt from s. 119.07(1)
 2197  and s. 24(a), Art. I of the State Constitution. For purposes of
 2198  this section, records include assessment data, health data,
 2199  records of teacher observations, and personal identifying
 2200  information.
 2201         (2) A parent, guardian, or individual acting as a parent in
 2202  the absence of a parent or guardian has the right to inspect and
 2203  review the individual school readiness program record of his or
 2204  her child and to obtain a copy of the record.
 2205         (3) School readiness program records may be released to:
 2206         (a) The United States Secretary of Education, the United
 2207  States Secretary of Health and Human Services, and the
 2208  Comptroller General of the United States for the purpose of
 2209  federal audits and investigations.
 2210         (b) Individuals or organizations conducting studies for
 2211  institutions to develop, validate, or administer assessments or
 2212  improve instruction.
 2213         (c) Accrediting organizations in order to carry out their
 2214  accrediting functions.
 2215         (d) Appropriate parties in connection with an emergency if
 2216  the information is necessary to protect the health or safety of
 2217  the child enrollee or other individuals.
 2218         (e) The Office of Program Policy Analysis and Government
 2219  Accountability and the Auditor General in connection with their
 2220  his or her official functions.
 2221         (f) A court of competent jurisdiction in compliance with an
 2222  order of that court in accordance with a lawfully issued
 2223  subpoena.
 2224         (g) Parties to an interagency agreement among early
 2225  learning coalitions, local governmental agencies, providers of
 2226  the school readiness program programs, state agencies, and the
 2227  office of Early Learning for the purpose of implementing the
 2228  school readiness program.
 2229  
 2230  Agencies, organizations, or individuals that receive school
 2231  readiness program records in order to carry out their official
 2232  functions must protect the data in a manner that does not permit
 2233  the personal identification of a child enrolled in a school
 2234  readiness program and his or her parent parents by persons other
 2235  than those authorized to receive the records.
 2236         Section 19. Paragraph (p) of subsection (3) of section
 2237  11.45, Florida Statutes, is amended to read:
 2238         11.45 Definitions; duties; authorities; reports; rules.—
 2239         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
 2240  General may, pursuant to his or her own authority, or at the
 2241  direction of the Legislative Auditing Committee, conduct audits
 2242  or other engagements as determined appropriate by the Auditor
 2243  General of:
 2244         (p) The school readiness program system, including the
 2245  early learning coalitions, created under part VI of chapter 1002
 2246  s. 411.01.
 2247         Section 20. Paragraph (h) of subsection (3) of section
 2248  20.15, Florida Statutes, is amended to read:
 2249         20.15 Department of Education.—There is created a
 2250  Department of Education.
 2251         (3) DIVISIONS.—The following divisions of the Department of
 2252  Education are established:
 2253         (h) The Office of Early Learning, which shall administer
 2254  the school readiness system in accordance with s. 411.01 and the
 2255  operational requirements of the Voluntary Prekindergarten
 2256  Education Program in accordance with part V of chapter 1002. The
 2257  office is a separate budget entity and is not subject to
 2258  control, supervision, or direction by the Department of
 2259  Education or the State Board of Education in any manner
 2260  including, but not limited to, personnel, purchasing,
 2261  transactions involving personal property, and budgetary matters.
 2262  The office director shall be appointed by the Governor and
 2263  confirmed by the Senate, shall serve at the pleasure of the
 2264  Governor, and shall be the agency head of the office for all
 2265  purposes. The office shall enter into a service agreement with
 2266  the department for professional, technological, and
 2267  administrative support services. The office shall be subject to
 2268  review and oversight by the Chief Inspector General or his or
 2269  her designee.
 2270         Section 21. Section 196.198, Florida Statutes, is amended
 2271  to read:
 2272         196.198 Educational property exemption.—Educational
 2273  institutions within this state and their property used by them
 2274  or by any other exempt entity or educational institution
 2275  exclusively for educational purposes shall be exempt from
 2276  taxation. Sheltered workshops providing rehabilitation and
 2277  retraining of disabled individuals and exempted by a certificate
 2278  under s. (d) of the federal Fair Labor Standards Act of 1938, as
 2279  amended, are declared wholly educational in purpose and shall be
 2280  exempted from certification, accreditation, and membership
 2281  requirements set forth in s. 196.012. Those portions of property
 2282  of college fraternities and sororities certified by the
 2283  president of the college or university to the appropriate
 2284  property appraiser as being essential to the educational process
 2285  shall be exempt from ad valorem taxation. The use of property by
 2286  public fairs and expositions chartered by chapter 616 is
 2287  presumed to be an educational use of such property and shall be
 2288  exempt from ad valorem taxation to the extent of such use.
 2289  Property used exclusively for educational purposes shall be
 2290  deemed owned by an educational institution if the entity owning
 2291  100 percent of the educational institution is owned by the
 2292  identical persons who own the property or if the entity owning
 2293  100 percent of the educational institution and the entity owning
 2294  the property are owned by identical natural persons. Land,
 2295  buildings, and other improvements to real property used
 2296  exclusively for educational purposes shall be deemed owned by an
 2297  educational institution if the entity owning 100 percent of the
 2298  land is a nonprofit entity and the land is used, under a ground
 2299  lease or other contractual arrangement, by an educational
 2300  institution that owns the buildings and other improvements to
 2301  the real property, is a nonprofit entity under s. 501(c)(3) of
 2302  the Internal Revenue Code, and provides education limited to
 2303  students in prekindergarten through grade 8. If legal title to
 2304  property is held by a governmental agency that leases the
 2305  property to a lessee, the property shall be deemed to be owned
 2306  by the governmental agency and used exclusively for educational
 2307  purposes if the governmental agency continues to use such
 2308  property exclusively for educational purposes pursuant to a
 2309  sublease or other contractual agreement with that lessee. If the
 2310  title to land is held by the trustee of an irrevocable inter
 2311  vivos trust and if the trust grantor owns 100 percent of the
 2312  entity that owns an educational institution that is using the
 2313  land exclusively for educational purposes, the land is deemed to
 2314  be property owned by the educational institution for purposes of
 2315  this exemption. Property owned by an educational institution
 2316  shall be deemed to be used for an educational purpose if the
 2317  institution has taken affirmative steps to prepare the property
 2318  for educational use. Affirmative steps means environmental or
 2319  land use permitting activities, creation of architectural plans
 2320  or schematic drawings, land clearing or site preparation,
 2321  construction or renovation activities, or other similar
 2322  activities that demonstrate commitment of the property to an
 2323  educational use.
 2324         Section 22. Paragraph (a) of subsection (8) of section
 2325  216.136, Florida Statutes, is amended to read:
 2326         216.136 Consensus estimating conferences; duties and
 2327  principals.—
 2328         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
 2329         (a) The Early Learning Programs Estimating Conference shall
 2330  develop estimates and forecasts of the unduplicated count of
 2331  children eligible for the school readiness program programs in
 2332  accordance with the standards of eligibility established in s.
 2333  1002.87 411.01(6), and of children eligible for the Voluntary
 2334  Prekindergarten Education Program in accordance with s.
 2335  1002.53(2), as the conference determines are needed to support
 2336  the state planning, budgeting, and appropriations processes.
 2337         Section 23. Paragraph (b) of subsection (1) and subsection
 2338  (3) of section 402.281, Florida Statutes, are amended to read:
 2339         402.281 Gold Seal Quality Care program.—
 2340         (1)
 2341         (b) A child care facility, large family child care home, or
 2342  family day care home that is accredited by an a nationally
 2343  recognized accrediting association approved by the department
 2344  under subsection (3) and meets all other requirements shall,
 2345  upon application to the department, receive a separate “Gold
 2346  Seal Quality Care” designation.
 2347         (3)(a) In order to be approved by the department for
 2348  participation in the Gold Seal Quality Care program, an
 2349  accrediting association must apply to the department and
 2350  demonstrate that it:
 2351         1. Is a nationally recognized accrediting association.
 2352         2. Has accrediting standards that substantially meet or
 2353  exceed the Gold Seal Quality Care standards adopted by the
 2354  department under subsection (2).
 2355         (b) In approving accrediting associations, the Department
 2356  of Children and Families shall consult with the Department of
 2357  Education, the Florida Head Start Directors Association, the
 2358  Florida Association of Child Care Management, the Florida Family
 2359  Child Day Care Home Association, the Florida Children’s Forum,
 2360  the Florida Association for the Education of the Young Early
 2361  Childhood Association of Florida, the Child Development
 2362  Education Alliance, the Florida Association of Academic
 2363  Nonpublic Schools, the Association of Early Learning Coalitions,
 2364  providers receiving exemptions under s. 402.316, and parents.
 2365         Section 24. Subsection (9) of section 402.302, Florida
 2366  Statutes, is amended to read:
 2367         402.302 Definitions.—As used in this chapter, the term:
 2368         (9) “Household children” means children who are related by
 2369  blood, marriage, or legal adoption to, or who are the legal
 2370  wards of, the family day care home operator, the large family
 2371  child care home operator, or an adult household member who
 2372  permanently or temporarily resides in the home. Supervision of
 2373  the operator’s household children shall be left to the
 2374  discretion of the operator unless those children receive
 2375  subsidized child care through the school readiness program
 2376  pursuant to s. 1002.92 411.0101 to be in the home.
 2377         Section 25. Paragraph (c) of subsection (1) of section
 2378  402.305, Florida Statutes, is amended to read:
 2379         402.305 Licensing standards; child care facilities.—
 2380         (1) LICENSING STANDARDS.—The department shall establish
 2381  licensing standards that each licensed child care facility must
 2382  meet regardless of the origin or source of the fees used to
 2383  operate the facility or the type of children served by the
 2384  facility.
 2385         (c) The minimum standards for child care facilities shall
 2386  be adopted in the rules of the department and shall address the
 2387  areas delineated in this section. The department, in adopting
 2388  rules to establish minimum standards for child care facilities,
 2389  shall recognize that different age groups of children may
 2390  require different standards. The department may adopt different
 2391  minimum standards for facilities that serve children in
 2392  different age groups, including school-age children. The
 2393  department shall also adopt by rule a definition for child care
 2394  which distinguishes between child care programs that require
 2395  child care licensure and after-school programs that do not
 2396  require licensure. Notwithstanding any other provision of law to
 2397  the contrary, minimum child care licensing standards shall be
 2398  developed to provide for reasonable, affordable, and safe
 2399  before-school and after-school care. After-school programs that
 2400  otherwise meet the criteria for exclusion from licensure may
 2401  provide snacks and meals through the federal Afterschool Meal
 2402  Program (AMP) administered by the Department of Health in
 2403  accordance with federal regulations and standards. The
 2404  Department of Health shall consider meals to be provided through
 2405  the AMP only if the program is actively participating in the
 2406  AMP, is in good standing with the department, and the meals meet
 2407  AMP requirements. Standards, at a minimum, shall allow for a
 2408  credentialed director to supervise multiple before-school and
 2409  after-school sites.
 2410         Section 26. Paragraph (c) of subsection (1) and subsection
 2411  (4) of section 445.023, Florida Statutes, are amended to read:
 2412         445.023 Program for dependent care for families with
 2413  children with special needs.—
 2414         (1) There is created the program for dependent care for
 2415  families with children with special needs. This program is
 2416  intended to provide assistance to families with children who
 2417  meet the following requirements:
 2418         (c) The family meets the income guidelines established
 2419  under s. 1002.87 411.01(6), notwithstanding any financial
 2420  eligibility criteria to the contrary in s. 414.075, s. 414.085,
 2421  or s. 414.095.
 2422         (4) In addition to school readiness program services
 2423  provided under part VI of chapter 1002 s. 411.01, dependent care
 2424  may be provided for children age 13 years and older who are in
 2425  need of care due to disability and where such care is needed for
 2426  the parent to accept or continue employment or otherwise
 2427  participate in work activities. The amount of subsidy shall be
 2428  consistent with the rates for special needs child care
 2429  established by the department. Dependent care needed for
 2430  employment may be provided as transitional services for up to 2
 2431  years after eligibility for temporary cash assistance ends.
 2432         Section 27. Paragraph (a) of subsection (2) of section
 2433  490.014, Florida Statutes, is amended to read:
 2434         490.014 Exemptions.—
 2435         (2) No person shall be required to be licensed or
 2436  provisionally licensed under this chapter who:
 2437         (a) Is a salaried employee of a government agency; a
 2438  developmental disability facility or program; a mental health,
 2439  alcohol, or drug abuse facility operating under chapter 393,
 2440  chapter 394, or chapter 397; the statewide child care resource
 2441  and referral network operating under s. 1002.92 411.0101; a
 2442  child-placing or child-caring agency licensed pursuant to
 2443  chapter 409; a domestic violence center certified pursuant to
 2444  chapter 39; an accredited academic institution; or a research
 2445  institution, if such employee is performing duties for which he
 2446  or she was trained and hired solely within the confines of such
 2447  agency, facility, or institution, so long as the employee is not
 2448  held out to the public as a psychologist pursuant to s.
 2449  490.012(1)(a).
 2450         Section 28. Paragraph (a) of subsection (4) of section
 2451  491.014, Florida Statutes, is amended to read:
 2452         491.014 Exemptions.—
 2453         (4) No person shall be required to be licensed,
 2454  provisionally licensed, registered, or certified under this
 2455  chapter who:
 2456         (a) Is a salaried employee of a government agency; a
 2457  developmental disability facility or program; a mental health,
 2458  alcohol, or drug abuse facility operating under chapter 393,
 2459  chapter 394, or chapter 397; the statewide child care resource
 2460  and referral network operating under s. 1002.92 411.0101; a
 2461  child-placing or child-caring agency licensed pursuant to
 2462  chapter 409; a domestic violence center certified pursuant to
 2463  chapter 39; an accredited academic institution; or a research
 2464  institution, if such employee is performing duties for which he
 2465  or she was trained and hired solely within the confines of such
 2466  agency, facility, or institution, so long as the employee is not
 2467  held out to the public as a clinical social worker, mental
 2468  health counselor, or marriage and family therapist.
 2469         Section 29. Paragraph (b) of subsection (1) of section
 2470  1001.11, Florida Statutes, is amended to read:
 2471         1001.11 Commissioner of Education; other duties.—
 2472         (1) The Commissioner of Education must independently
 2473  perform the following duties:
 2474         (b) Serve as the primary source of information to the
 2475  Legislature, including the President of the Senate and the
 2476  Speaker of the House of Representatives, concerning the State
 2477  Board of Education, and the K-20 education system, and early
 2478  learning programs.
 2479         Section 30. Sections 411.01, 411.0101, 411.01013,
 2480  411.01014, 411.01015, 411.0102, 411.0103, 411.0104, 411.0105,
 2481  and 411.0106, Florida Statutes, are repealed.
 2482         Section 31. Within existing Senior Management Service and
 2483  Selected Exempt Service positions authorized for the Office of
 2484  Early Learning, a Senior Management Service position for a
 2485  general counsel and a Selected Exempt Service position for an
 2486  inspector general are authorized for the office.
 2487         Section 32. By October 1, 2013, the Office of Early
 2488  Learning, in collaboration with the Commissioner of Education,
 2489  shall develop a reorganization plan for the office. The plan
 2490  shall include any changes made prior to July 1, 2013; personnel,
 2491  purchasing, and budgetary matters and their alignment with the
 2492  duties and responsibilities of the office; a report of all
 2493  outstanding contractual obligations; and recommendations for
 2494  statutory and budgetary changes. The plan shall be provided to
 2495  the Governor, the President of the Senate, and the Speaker of
 2496  the House of Representatives.
 2497         Section 33. This act shall take effect July 1, 2013.