Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1702
       
       
       
       
       
       
                                Ì576812+Î576812                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/24/2014           .                                
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       The Committee on Appropriations (Galvano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Division of Law Revision and Information is
    6  directed to prepare a reviser’s bill for the 2015 Regular
    7  Session of the Legislature to change the term “family day care
    8  home” to “family child care home” and the term family day care
    9  to family child care wherever they appear in the Florida
   10  Statutes.
   11         Section 2. Section 125.0109, Florida Statutes, is amended
   12  to read:
   13         125.0109 Family day care homes and large family child care
   14  homes; local zoning regulation.—The operation of a residence as
   15  a family day care home or large family child care home, as
   16  defined in s. 402.302, licensed or registered pursuant to s.
   17  402.313 or s. 402.3131, as applicable, constitutes, as defined
   18  by law, registered or licensed with the Department of Children
   19  and Family Services shall constitute a valid residential use for
   20  purposes of any local zoning regulations, and no such regulation
   21  shall require the owner or operator of such family day care home
   22  or large family child care home to obtain any special exemption
   23  or use permit or waiver, or to pay any special fee in excess of
   24  $50, to operate in an area zoned for residential use.
   25         Section 3. Section 166.0445, Florida Statutes, is amended
   26  to read:
   27         166.0445 Family day care homes and large family child care
   28  homes; local zoning regulation.—The operation of a residence as
   29  a family day care home or large family child care home, as
   30  defined in s. 402.302, licensed or registered pursuant to s.
   31  402.313 or s. 402.3131, as applicable, constitutes, as defined
   32  by law, registered or licensed with the Department of Children
   33  and Family Services shall constitute a valid residential use for
   34  purposes of any local zoning regulations, and no such regulation
   35  may not shall require the owner or operator of such family day
   36  care home or large family child care home to obtain any special
   37  exemption or use permit or waiver, or to pay any special fee in
   38  excess of $50, to operate in an area zoned for residential use.
   39         Section 4. Subsection (17) of section 402.302, Florida
   40  Statutes, is amended to read:
   41         402.302 Definitions.—As used in this chapter, the term:
   42         (17) “Substantial compliance” means, for purposes of
   43  programs operating under s. 1002.55, s. 1002.61, or s. 1002.88,
   44  that level of adherence to adopted standards which is sufficient
   45  to safeguard the health, safety, and well-being of all children
   46  under care. The standards must address requirements found in s.
   47  402.305 and are limited to supervision, transportation, access,
   48  health-related requirements, food and nutrition, personnel
   49  screening, records, and enforcement of these standards. The
   50  standards must not limit or exclude the curriculum provided by a
   51  faith-based provider or nonpublic school. The department must
   52  adopt rules to define and enforce substantial compliance with
   53  minimum standards for child care facilities for programs
   54  operating under s. 1002.55, s. 1002.61, or s. 1002.88 that are
   55  regulated, but not licensed, by the department. Such rules shall
   56  be submitted to the Office of Early Learning for approval or
   57  disapproval. Substantial compliance is greater than minimal
   58  adherence but not to the level of absolute adherence. Where a
   59  violation or variation is identified as the type which impacts,
   60  or can be reasonably expected within 90 days to impact, the
   61  health, safety, or well-being of a child, there is no
   62  substantial compliance.
   63         Section 5. Paragraphs (d) and (e) of subsection (2) of
   64  section 402.3025, Florida Statutes, are amended to read:
   65         402.3025 Public and nonpublic schools.—For the purposes of
   66  ss. 402.301-402.319, the following shall apply:
   67         (2) NONPUBLIC SCHOOLS.—
   68         (d)1. Nonpublic schools delivering programs under s.
   69  1002.55, s. 1002.61, or s. 1002.88 Programs for children who are
   70  at least 3 years of age, but under 5 years of age, which are not
   71  licensed under ss. 402.301-402.319 shall substantially comply
   72  with the minimum child care standards adopted promulgated
   73  pursuant to ss. 402.305-402.3057.
   74         2. The department or local licensing agency shall enforce
   75  compliance with such standards, where possible, to eliminate or
   76  minimize duplicative inspections or visits by staff enforcing
   77  the minimum child care standards and staff enforcing other
   78  standards under the jurisdiction of the department.
   79         3. The department or local licensing agency may inspect
   80  programs operating under this paragraph and pursue
   81  administrative or judicial action under ss. 402.310-402.312
   82  against nonpublic schools operating under this paragraph
   83  commence and maintain all proper and necessary actions and
   84  proceedings for any or all of the following purposes:
   85         a. to protect the health, sanitation, safety, and well
   86  being of all children under care.
   87         b. To enforce its rules and regulations.
   88         c. To use corrective action plans, whenever possible, to
   89  attain compliance prior to the use of more restrictive
   90  enforcement measures.
   91         d. To make application for injunction to the proper circuit
   92  court, and the judge of that court shall have jurisdiction upon
   93  hearing and for cause shown to grant a temporary or permanent
   94  injunction, or both, restraining any person from violating or
   95  continuing to violate any of the provisions of ss. 402.301
   96  402.319. Any violation of this section or of the standards
   97  applied under ss. 402.305-402.3057 which threatens harm to any
   98  child in the school’s programs for children who are at least 3
   99  years of age, but are under 5 years of age, or repeated
  100  violations of this section or the standards under ss. 402.305
  101  402.3057, shall be grounds to seek an injunction to close a
  102  program in a school.
  103         e. To impose an administrative fine, not to exceed $100,
  104  for each violation of the minimum child care standards
  105  promulgated pursuant to ss. 402.305-402.3057.
  106         4. It is a misdemeanor of the first degree, punishable as
  107  provided in s. 775.082 or s. 775.083, for any person willfully,
  108  knowingly, or intentionally to:
  109         a. Fail, by false statement, misrepresentation,
  110  impersonation, or other fraudulent means, to disclose in any
  111  required written documentation for exclusion from licensure
  112  pursuant to this section a material fact used in making a
  113  determination as to such exclusion; or
  114         b. Use information from the criminal records obtained under
  115  s. 402.305 or s. 402.3055 for any purpose other than screening
  116  that person for employment as specified in those sections or
  117  release such information to any other person for any purpose
  118  other than screening for employment as specified in those
  119  sections.
  120         5. It is a felony of the third degree, punishable as
  121  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  122  person willfully, knowingly, or intentionally to use information
  123  from the juvenile records of any person obtained under s.
  124  402.305 or s. 402.3055 for any purpose other than screening for
  125  employment as specified in those sections or to release
  126  information from such records to any other person for any
  127  purpose other than screening for employment as specified in
  128  those sections.
  129         6. The inclusion of nonpublic schools within options
  130  available under ss. 1002.55, 1002.61, and 1002.88 does not
  131  expand the regulatory authority of the state, its officers, any
  132  local licensing agency, or any early learning coalition to
  133  impose any additional regulation of nonpublic schools beyond
  134  those reasonably necessary to enforce requirements expressly set
  135  forth in this paragraph.
  136         (e) The department and the nonpublic school accrediting
  137  agencies are encouraged to develop agreements to facilitate the
  138  enforcement of the minimum child care standards as they relate
  139  to the schools which the agencies accredit.
  140         Section 6. Paragraphs (a) and (d) of subsection (2),
  141  paragraph (b) of subsection (9), and subsections (10) and (18)
  142  of section 402.305, Florida Statutes, are amended to read:
  143         402.305 Licensing standards; child care facilities.—
  144         (2) PERSONNEL.—Minimum standards for child care personnel
  145  shall include minimum requirements as to:
  146         (a) Good moral character based upon screening, according to
  147  the level 2 screening requirements of. This screening shall be
  148  conducted as provided in chapter 435, using the level 2
  149  standards for screening set forth in that chapter. In addition
  150  to the offenses listed in s. 435.04, all child care personnel
  151  required to undergo background screening pursuant to this
  152  section may not have an arrest awaiting final disposition for,
  153  may not have been found guilty of, regardless of adjudication,
  154  or entered a plea of nolo contendere or guilty to, and may not
  155  have been adjudicated delinquent and have a record that has been
  156  sealed or expunged for an offense specified in s. 39.205.
  157         (d) Minimum training requirements for child care personnel.
  158         1. Such minimum standards for training shall ensure that
  159  all child care personnel take an approved 40-clock-hour
  160  introductory course in child care, which course covers at least
  161  the following topic areas:
  162         a. State and local rules and regulations which govern child
  163  care.
  164         b. Health, safety, and nutrition.
  165         c. Identifying and reporting child abuse and neglect.
  166         d. Child development, including typical and atypical
  167  language, cognitive, motor, social, and self-help skills
  168  development.
  169         e. Observation of developmental behaviors, including using
  170  a checklist or other similar observation tools and techniques to
  171  determine the child’s developmental age level.
  172         f. Specialized areas, including computer technology for
  173  professional and classroom use and numeracy, early literacy, and
  174  language development of children from birth to 5 years of age,
  175  as determined by the department, for owner-operators and child
  176  care personnel of a child care facility.
  177         g. Developmental disabilities, including autism spectrum
  178  disorder and Down syndrome, and early identification, use of
  179  available state and local resources, classroom integration, and
  180  positive behavioral supports for children with developmental
  181  disabilities.
  182  
  183  Within 90 days after employment, child care personnel shall
  184  begin training to meet the training requirements pursuant to
  185  this paragraph. Child care personnel shall successfully complete
  186  such training within 1 year after the date on which the training
  187  began, as evidenced by passage of a competency examination.
  188  Successful completion of the 40-clock-hour introductory course
  189  shall articulate into community college credit in early
  190  childhood education, pursuant to ss. 1007.24 and 1007.25.
  191  Exemption from all or a portion of the required training shall
  192  be granted to child care personnel based upon educational
  193  credentials or passage of competency examinations. Child care
  194  personnel possessing a 2-year degree or higher that includes 6
  195  college credit hours in early childhood development or child
  196  growth and development, or a child development associate
  197  credential or an equivalent state-approved child development
  198  associate credential, or a child development associate waiver
  199  certificate shall be automatically exempted from the training
  200  requirements in sub-subparagraphs b., d., and e.
  201         2. The introductory course in child care shall stress, to
  202  the extent possible, an interdisciplinary approach to the study
  203  of children.
  204         3. The introductory course shall cover recognition and
  205  prevention of shaken baby syndrome; prevention of sudden infant
  206  death syndrome; recognition and care of infants and toddlers
  207  with developmental disabilities, including autism spectrum
  208  disorder and Down syndrome; and early childhood brain
  209  development within the topic areas identified in this paragraph.
  210         4. On an annual basis in order to further their child care
  211  skills and, if appropriate, administrative skills, child care
  212  personnel who have fulfilled the requirements for the child care
  213  training shall be required to take an additional 1 continuing
  214  education unit of approved inservice training, or 10 clock hours
  215  of equivalent training, as determined by the department.
  216         5. Child care personnel shall be required to complete 0.5
  217  continuing education unit of approved training or 5 clock hours
  218  of equivalent training, as determined by the department, in
  219  numeracy, early literacy, and language development of children
  220  from birth to 5 years of age one time. The year that this
  221  training is completed, it shall fulfill the 0.5 continuing
  222  education unit or 5 clock hours of the annual training required
  223  in subparagraph 4.
  224         6. Procedures for ensuring the training of qualified child
  225  care professionals to provide training of child care personnel,
  226  including onsite training, shall be included in the minimum
  227  standards. It is recommended that the state community child care
  228  coordination agencies (central agencies) be contracted by the
  229  department to coordinate such training when possible. Other
  230  district educational resources, such as community colleges and
  231  career programs, can be designated in such areas where central
  232  agencies may not exist or are determined not to have the
  233  capability to meet the coordination requirements set forth by
  234  the department.
  235         7. Training requirements do shall not apply to certain
  236  occasional or part-time support staff, including, but not
  237  limited to, swimming instructors, piano teachers, dance
  238  instructors, and gymnastics instructors.
  239         8. The department shall evaluate or contract for an
  240  evaluation for the general purpose of determining the status of
  241  and means to improve staff training requirements and testing
  242  procedures. The evaluation shall be conducted every 2 years. The
  243  evaluation must shall include, but not be limited to,
  244  determining the availability, quality, scope, and sources of
  245  current staff training; determining the need for specialty
  246  training; and determining ways to increase inservice training
  247  and ways to increase the accessibility, quality, and cost
  248  effectiveness of current and proposed staff training. The
  249  evaluation methodology must shall include a reliable and valid
  250  survey of child care personnel.
  251         9. The child care operator shall be required to take basic
  252  training in serving children with disabilities within 5 years
  253  after employment, either as a part of the introductory training
  254  or the annual 8 hours of inservice training.
  255         (9) ADMISSIONS AND RECORDKEEPING.—
  256         (b) During the months of August and September of each year,
  257  Each child care facility shall provide parents of children
  258  enrolling enrolled in the facility detailed information
  259  regarding the causes, symptoms, and transmission of the
  260  influenza virus in an effort to educate those parents regarding
  261  the importance of immunizing their children against influenza as
  262  recommended by the Advisory Committee on Immunization Practices
  263  of the Centers for Disease Control and Prevention.
  264         (10) TRANSPORTATION SAFETY.—Minimum standards must shall
  265  include requirements for child restraints or seat belts in
  266  vehicles used by child care facilities, and large family child
  267  care homes, and family day care homes to transport children,
  268  requirements for annual inspections of the vehicles, limitations
  269  on the number of children in the vehicles, and accountability
  270  for children being transported.
  271         (18) TRANSFER OF OWNERSHIP.—
  272         (a) One week before prior to the transfer of ownership of a
  273  child care facility, or family day care home, or large family
  274  child care home, the transferor shall notify the parent or
  275  caretaker of each child of the impending transfer.
  276         (b) The owner of a child care facility, family day care
  277  home, or large family child care home may not transfer ownership
  278  to a relative of the operator if the operator has had his or her
  279  license suspended or revoked by the department pursuant to s.
  280  402.310, has received notice from the department that reasonable
  281  cause exists to suspend or revoke the license, or has been
  282  placed on the United States Department of Agriculture National
  283  Disqualified List. For purposes of this paragraph, “relative”
  284  means father, mother, son, daughter, grandfather, grandmother,
  285  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
  286  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
  287  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  288  stepdaughter, stepbrother, stepsister, half-brother, or half
  289  sister.
  290         (c)(b) The department shall, by rule, establish methods by
  291  which notice will be achieved and minimum standards by which to
  292  implement this subsection.
  293         Section 7. Section 402.311, Florida Statutes, is amended to
  294  read:
  295         402.311 Inspection.—A licensed child care facility or
  296  program regulated by the department shall accord to the
  297  department or the local licensing agency, whichever is
  298  applicable, the privilege of inspection, including access to
  299  facilities and personnel and to those records required in s.
  300  402.305, at reasonable times during regular business hours, to
  301  ensure compliance with the provisions of ss. 402.301-402.319.
  302  The right of entry and inspection shall also extend to any
  303  premises which the department or local licensing agency has
  304  reason to believe are being operated or maintained as a child
  305  care facility or program without a license, but no such entry or
  306  inspection of any premises shall be made without the permission
  307  of the person in charge thereof unless a warrant is first
  308  obtained from the circuit court authorizing same. Any
  309  application for a license, application for authorization to
  310  operate a child care program which must maintain substantial
  311  compliance with child care standards adopted under this chapter,
  312  or renewal of such license or authorization made pursuant to
  313  this act or the advertisement to the public for the provision of
  314  child care as defined in s. 402.302 constitutes shall constitute
  315  permission for any entry to or inspection of the subject
  316  premises for which the license is sought in order to facilitate
  317  verification of the information submitted on or in connection
  318  with the application. In the event a licensed facility or
  319  program refuses permission for entry or inspection to the
  320  department or local licensing agency, a warrant shall be
  321  obtained from the circuit court authorizing same before prior to
  322  such entry or inspection. The department or local licensing
  323  agency may institute disciplinary proceedings pursuant to s.
  324  402.310, for such refusal.
  325         Section 8. Section 402.3115, Florida Statutes, is amended
  326  to read:
  327         402.3115 Elimination of duplicative and unnecessary
  328  inspections; Abbreviated inspections.—The Department of Children
  329  and Family Services and local governmental agencies that license
  330  child care facilities shall develop and implement a plan to
  331  eliminate duplicative and unnecessary inspections of child care
  332  facilities. In addition, The department and the local licensing
  333  governmental agencies shall conduct develop and implement an
  334  abbreviated inspections of inspection plan for child care
  335  facilities licensed under s. 402.305, family day care homes
  336  licensed under s. 402.313, and large family child care homes
  337  licensed under s. 402.3131 that have had no Class I 1 or Class
  338  II violations 2 deficiencies, as defined by rule, for at least 2
  339  consecutive years. The abbreviated inspection must include those
  340  elements identified by the department and the local licensing
  341  governmental agencies as being key indicators of whether the
  342  child care facility continues to provide quality care and
  343  programming. The department shall adopt rules establishing
  344  criteria and procedures for abbreviated inspections and
  345  inspection schedules that provide for both announced and
  346  unannounced inspections.
  347         Section 9. Section 402.313, Florida Statutes, is amended to
  348  read:
  349         402.313 Family day care homes.—
  350         (1) A family day care home must homes shall be licensed
  351  under this section act if it is they are presently being
  352  licensed under an existing county licensing ordinance, or if the
  353  board of county commissioners passes a resolution that requires
  354  licensure of family day care homes, or the family day care home
  355  is operating a program under s. 1002.55, s. 1002.61, or s.
  356  1002.88 be licensed. Each licensed or registered family day care
  357  home must conspicuously display its license or registration in
  358  an area viewable by all parents during hours of operation.
  359         (a) If not subject to license, a family day care home must
  360  comply with this section and homes shall register annually with
  361  the department, providing the following information:
  362         1. The name and address of the home.
  363         2. The name of the operator.
  364         3. The number of children served.
  365         4. Proof of a written plan to identify a provide at least
  366  one other competent adult who has met the screening and training
  367  requirements of the department to serve as a designated to be
  368  available to substitute for the operator in an emergency. This
  369  plan must shall include the name, address, and telephone number
  370  of the designated substitute who will serve in the absence of
  371  the operator.
  372         5. Proof of screening and background checks.
  373         6. Proof of successful completion of the 30-hour training
  374  course, as evidenced by passage of a competency examination,
  375  which shall include:
  376         a. State and local rules and regulations that govern child
  377  care.
  378         b. Health, safety, and nutrition.
  379         c. Identifying and reporting child abuse and neglect.
  380         d. Child development, including typical and atypical
  381  language development; and cognitive, motor, social, and self
  382  help skills development.
  383         e. Observation of developmental behaviors, including using
  384  a checklist or other similar observation tools and techniques to
  385  determine a child’s developmental level.
  386         f. Specialized areas, including early literacy and language
  387  development of children from birth to 5 years of age, as
  388  determined by the department, for owner-operators of family day
  389  care homes.
  390         5.7. Proof that immunization records are kept current.
  391         8. Proof of completion of the required continuing education
  392  units or clock hours.
  393  
  394  Upon receipt of registration information submitted by a family
  395  day care home pursuant to this paragraph, the department shall
  396  verify that the home is in compliance with the background
  397  screening requirements in subsection (3) and that the operator
  398  and the designated substitute are in compliance with applicable
  399  training requirements of subsection (4).
  400         (b) A family day care home may volunteer to be licensed
  401  under this act.
  402         (c) The department may provide technical assistance to
  403  counties and operators of family day care homes home providers
  404  to enable counties and operators family day care providers to
  405  achieve compliance with family day care home homes standards.
  406         (2) This information shall be included in a directory to be
  407  published annually by the department to inform the public of
  408  available child care facilities.
  409         (3) Child care personnel in family day care homes are shall
  410  be subject to the applicable screening provisions contained in
  411  ss. 402.305(2) and 402.3055. For purposes of screening in family
  412  day care homes, the term “child care personnel” includes the
  413  operator, the designated substitute, any member over the age of
  414  12 years of a family day care home operator’s family, or persons
  415  over the age of 12 years residing with the operator in the
  416  family day care home. Members of the operator’s family, or
  417  persons residing with the operator, who are between the ages of
  418  12 years and 18 years may shall not be required to be
  419  fingerprinted, but shall be screened for delinquency records.
  420         (4)(a) Before licensure and before caring for children,
  421  operators of family day care homes and an individual serving as
  422  a substitute for the operator who works 40 hours or more per
  423  month on average must:
  424         1. Successfully complete an approved 30-clock-hour
  425  introductory course in child care, as evidenced by passage of a
  426  competency examination, before caring for children. The course
  427  must include:
  428         a. State and local rules and regulations that govern child
  429  care.
  430         b. Health, safety, and nutrition.
  431         c. Identifying and reporting child abuse and neglect.
  432         d. Child development, including typical and atypical
  433  language development, and cognitive, motor, social, and
  434  executive functioning skills development.
  435         e. Observation of developmental behaviors, including using
  436  a checklist or other similar observation tools and techniques to
  437  determine a child’s developmental level.
  438         f. Specialized areas, including numeracy, early literacy,
  439  and language development of children from birth to 5 years of
  440  age, as determined by the department, for operators of family
  441  child care homes.
  442         (5) In order to further develop their child care skills
  443  and, if appropriate, their administrative skills, operators of
  444  family day care homes shall be required to complete an
  445  additional 1 continuing education unit of approved training or
  446  10 clock hours of equivalent training, as determined by the
  447  department, annually.
  448         2.(6) Operators of family day care homes shall be required
  449  to Complete a 0.5 continuing education unit of approved training
  450  in numeracy, early literacy, and language development of
  451  children from birth to 5 years of age one time. For an operator,
  452  the year that this training is completed, it shall fulfill the
  453  0.5 continuing education unit or 5 clock hours of the annual
  454  training required in paragraph (c) subsection (5).
  455         3. Complete training in first aid and infant and child
  456  cardiopulmonary resuscitation as evidenced by current
  457  documentation of course completion.
  458         (b) Before licensure and before caring for children, family
  459  day care home substitutes who work fewer than 40 hours per month
  460  on average must complete the department’s 6-clock-hour Family
  461  Child Care Home Rules and Regulations training, as evidenced by
  462  successful completion of a competency examination and first aid
  463  and infant and child cardiopulmonary resuscitation training
  464  under subparagraph (a)3. A substitute who has successfully
  465  completed the 3-clock-hour Fundamentals of Child Care training
  466  established by rules of the department or the 30-clock-hour
  467  training under subparagraph (a)1. is not required to complete
  468  the 6-clock-hour Family Child Care Home Rules and Regulations
  469  training.
  470         (c) Operators of family day care homes must annually
  471  complete an additional 1 continuing education unit of approved
  472  training regarding child care and administrative skills or 10
  473  clock hours of equivalent training, as determined by the
  474  department.
  475         (5)(7) Operators of family day care homes must shall be
  476  required annually to complete a health and safety home
  477  inspection self-evaluation checklist developed by the department
  478  in conjunction with the statewide resource and referral program.
  479  The completed checklist shall be signed by the operator of the
  480  family day care home and provided to parents as certification
  481  that basic health and safety standards are being met.
  482         (6)(8)Operators of family day care homes home operators
  483  may avail themselves of supportive services offered by the
  484  department.
  485         (7)(9) The department shall prepare a brochure on family
  486  day care for distribution by the department and by local
  487  licensing agencies, if appropriate, to family day care homes for
  488  distribution to parents using utilizing such child care, and to
  489  all interested persons, including physicians and other health
  490  professionals; mental health professionals; school teachers or
  491  other school personnel; social workers or other professional
  492  child care, foster care, residential, or institutional workers;
  493  and law enforcement officers. The brochure shall, at a minimum,
  494  contain the following information:
  495         (a) A brief description of the requirements for family day
  496  care registration, training, and background fingerprinting and
  497  screening.
  498         (b) A listing of those counties that require licensure of
  499  family day care homes. Such counties shall provide an addendum
  500  to the brochure that provides a brief description of the
  501  licensure requirements or may provide a brochure in lieu of the
  502  one described in this subsection, provided it contains all the
  503  required information on licensure and the required information
  504  in the subsequent paragraphs.
  505         (c) A statement indicating that information about the
  506  family day care home’s compliance with applicable state or local
  507  requirements can be obtained from by telephoning the department
  508  office or the office of the local licensing agency, including
  509  the, if appropriate, at a telephone number or numbers and
  510  website address for the department or local licensing agency, as
  511  applicable which shall be affixed to the brochure.
  512         (d) The statewide toll-free telephone number of the central
  513  abuse hotline, together with a notice that reports of suspected
  514  and actual child physical abuse, sexual abuse, and neglect are
  515  received and referred for investigation by the hotline.
  516         (e) Any other information relating to competent child care
  517  that the department or local licensing agency, if preparing a
  518  separate brochure, considers deems would be helpful to parents
  519  and other caretakers in their selection of a family day care
  520  home.
  521         (8)(10) On an annual basis, the department shall evaluate
  522  the registration and licensure system for family day care homes.
  523  Such evaluation shall, at a minimum, address the following:
  524         (a) The number of family day care homes registered and
  525  licensed and the dates of such registration and licensure.
  526         (b) The number of children being served in both registered
  527  and licensed family day care homes and any available slots in
  528  such homes.
  529         (c) The number of complaints received concerning family day
  530  care, the nature of the complaints, and the resolution of such
  531  complaints.
  532         (d) The training activities used utilized by child care
  533  personnel in family day care homes for meeting the state or
  534  local training requirements.
  535  
  536  The evaluation, pursuant to this paragraph, shall be used
  537  utilized by the department in any administrative modifications
  538  or adjustments to be made in the registration of family day care
  539  homes or in any legislative requests for modifications to the
  540  system of registration or to other requirements for family day
  541  care homes.
  542         (11) In order to inform the public of the state requirement
  543  for registration of family day care homes as well as the other
  544  requirements for such homes to legally operate in the state, the
  545  department shall institute a media campaign to accomplish this
  546  end. Such a campaign shall include, at a minimum, flyers,
  547  newspaper advertisements, radio advertisements, and television
  548  advertisements.
  549         (9)(12) Notwithstanding any other state or local law or
  550  ordinance, any family day care home licensed pursuant to this
  551  chapter or pursuant to a county ordinance shall be charged the
  552  utility rates accorded to a residential home. A licensed family
  553  day care home may not be charged commercial utility rates.
  554         (10)(13) The department shall, by rule, establish minimum
  555  standards for family day care homes that are required to be
  556  licensed by county licensing ordinance or county licensing
  557  resolution or that voluntarily choose to be licensed. The
  558  standards should include requirements for staffing, training,
  559  maintenance of immunization records, minimum health and safety
  560  standards, reduced standards for the regulation of child care
  561  during evening hours by municipalities and counties, and
  562  enforcement of standards. Additionally, the department shall, by
  563  rule, adopt procedures for verifying a registered family day
  564  care home’s compliance with background screening and training
  565  requirements.
  566         (11)(14)During the months of August and September of each
  567  year, Each family day care home shall provide parents of
  568  children enrolling enrolled in the home detailed information
  569  regarding the causes, symptoms, and transmission of the
  570  influenza virus in an effort to educate those parents regarding
  571  the importance of immunizing their children against influenza as
  572  recommended by the Advisory Committee on Immunization Practices
  573  of the Centers for Disease Control and Prevention.
  574         Section 10. Subsections (3), (5), and (9) of section
  575  402.3131, Florida Statutes, are amended, and subsection (10) is
  576  added to that section, to read:
  577         402.3131 Large family child care homes.—
  578         (3) Operators of large family child care homes must
  579  successfully complete an approved 40-clock-hour introductory
  580  course in group child care, including numeracy, early literacy,
  581  and language development of children from birth to 5 years of
  582  age, as evidenced by passage of a competency examination.
  583  Successful completion of the 40-clock-hour introductory course
  584  shall articulate into community college credit in early
  585  childhood education, pursuant to ss. 1007.24 and 1007.25.
  586         (5) Operators of large family child care homes shall be
  587  required to complete 0.5 continuing education unit of approved
  588  training or 5 clock hours of equivalent training, as determined
  589  by the department, in numeracy, early literacy, and language
  590  development of children from birth to 5 years of age one time.
  591  The year that this training is completed, it shall fulfill the
  592  0.5 continuing education unit or 5 clock hours of the annual
  593  training required in subsection (4).
  594         (9) During the months of August and September of each year,
  595  Each large family child care home shall provide parents of
  596  children enrolling enrolled in the home detailed information
  597  regarding the causes, symptoms, and transmission of the
  598  influenza virus in an effort to educate those parents regarding
  599  the importance of immunizing their children against influenza as
  600  recommended by the Advisory Committee on Immunization Practices
  601  of the Centers for Disease Control and Prevention.
  602         (10) Notwithstanding any other state or local law or
  603  ordinance, any large family child care home licensed pursuant to
  604  this chapter or pursuant to a county ordinance shall be charged
  605  the utility rates accorded to a residential home. Such a home
  606  may not be charged commercial utility rates.
  607         Section 11. Subsections (4), (5), and (6) are added to
  608  section 402.316, Florida Statutes, to read:
  609         402.316 Exemptions.—
  610         (4) A child care facility operating under subsection (1)
  611  which is applying to operate or is operating as a provider of a
  612  program described in s. 1002.55, s. 1002.61, or s. 1002.88 must
  613  substantially comply with the minimum standards for child care
  614  facilities adopted pursuant to ss. 402.305-402.3057 and must
  615  allow the department or local licensing agency access to monitor
  616  and enforce compliance with such standards.
  617         (a) The department or local licensing agency may pursue
  618  administrative or judicial action under ss. 402.310-402.312 and
  619  the rules adopted under those sections against any child care
  620  facility operating under this subsection to enforce substantial
  621  compliance with child care facility minimum standards or to
  622  protect the health, safety, and well-being of any children in
  623  the facility’s care. A child care facility operating under this
  624  subsection is subject to ss. 402.310-402.312 and the rules
  625  adopted under those sections to the same extent as a child care
  626  facility licensed under ss. 402.301–402.319.
  627         (b) It is a misdemeanor of the first degree, punishable as
  628  provided in s. 775.082 or s. 775.083, for a person willfully,
  629  knowingly, or intentionally to:
  630         1. Fail, by false statement, misrepresentation,
  631  impersonation, or other fraudulent means, to disclose in any
  632  required written documentation for exclusion from licensure
  633  pursuant to this section a material fact used in making a
  634  determination as to such exclusion; or
  635         2. Use information from the criminal records obtained under
  636  s. 402.305 or s. 402.3055 for a purpose other than screening
  637  that person for employment as specified in those sections or to
  638  release such information to any other person for a purpose other
  639  than screening for employment as specified in those sections.
  640         (c) It is a felony of the third degree, punishable as
  641  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
  642  willfully, knowingly, or intentionally to use information from
  643  the juvenile records of a person obtained under s. 402.305 or s.
  644  402.3055 for a purpose other than screening for employment as
  645  specified in those sections or to release information from such
  646  records to any other person for a purpose other than screening
  647  for employment as specified in those sections.
  648         (5) The department shall establish a fee for inspection and
  649  compliance activities performed pursuant to this section in an
  650  amount sufficient to cover costs. However, the amount of such
  651  fee for the inspection of a program may not exceed the fee
  652  imposed for child care licensure pursuant to s. 402.315.
  653         (6) The inclusion of a child care facility operating under
  654  subsection (1) as a provider of a program described in s.
  655  1002.55, s. 1002.61, or s. 1002.88 does not expand the
  656  regulatory authority of the state, its officers, any local
  657  licensing agency, or any early learning coalition to impose any
  658  additional regulation of child care facilities beyond those
  659  reasonably necessary to enforce requirements expressly set forth
  660  in this section.
  661         Section 12. Section 627.70161, Florida Statutes, is amended
  662  to read:
  663         627.70161 Residential property insurance coverage; family
  664  day care homes and large family child care homes insurance.—
  665         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  666  family day care homes and large family child care homes fulfill
  667  a vital role in providing child care in Florida. It is the
  668  intent of the Legislature that residential property insurance
  669  coverage should not be canceled, denied, or nonrenewed solely
  670  because child on the basis of the family day care services are
  671  provided at the residence. The Legislature also recognizes that
  672  the potential liability of residential property insurers is
  673  substantially increased by the rendition of child care services
  674  on the premises. The Legislature therefore finds that there is a
  675  public need to specify that contractual liabilities associated
  676  that arise in connection with the operation of a the family day
  677  care home or large family child care home are excluded from
  678  residential property insurance policies unless they are
  679  specifically included in such coverage.
  680         (2) DEFINITIONS.—As used in this section, the term:
  681         (a) “Child care” means the care, protection, and
  682  supervision of a child, for a period up to of less than 24 hours
  683  a day on a regular basis, which supplements parental care,
  684  enrichment, and health supervision for the child, in accordance
  685  with his or her individual needs, and for which a payment, fee,
  686  or grant is made for care.
  687         (b) “Family day care home” has the same meaning as provided
  688  in s. 402.302(8) means an occupied residence in which child care
  689  is regularly provided for children from at least two unrelated
  690  families and which receives a payment, fee, or grant for any of
  691  the children receiving care, whether or not operated for a
  692  profit.
  693         (c) “Large family child care home” has the same meaning as
  694  provided in s. 402.302(11).
  695         (3) CHILD FAMILY DAY CARE; COVERAGE.—A residential property
  696  insurance policy may shall not provide coverage for liability
  697  for claims arising out of, or in connection with, the operation
  698  of a family day care home or large family child care home, and
  699  the insurer shall be under no obligation to defend against
  700  lawsuits covering such claims, unless:
  701         (a) Specifically covered in a policy; or
  702         (b) Covered by a rider or endorsement for business coverage
  703  attached to a policy.
  704         (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
  705  insurer may not deny, cancel, or refuse to renew a policy for
  706  residential property insurance solely on the basis that the
  707  policyholder or applicant operates a family day care home or
  708  large family child care home. In addition to other lawful
  709  reasons for refusing to insure, an insurer may deny, cancel, or
  710  refuse to renew a policy of a family day care home or large
  711  family child care home provider if one or more of the following
  712  conditions occur:
  713         (a) The policyholder or applicant provides care for more
  714  children than authorized for family day care homes or large
  715  family child care homes by s. 402.302;
  716         (b) The policyholder or applicant fails to maintain a
  717  separate commercial liability policy or an endorsement providing
  718  liability coverage for the family day care home or large family
  719  child care home operations;
  720         (c) The policyholder or applicant fails to comply with the
  721  family day care home licensure and registration requirements
  722  specified in s. 402.313 or the large family child care home
  723  licensure requirements specified in s. 402.3131; or
  724         (d) Discovery of willful or grossly negligent acts or
  725  omissions or any violations of state laws or regulations
  726  establishing safety standards for family day care homes and
  727  large family child care homes by the named insured or his or her
  728  representative which materially increase any of the risks
  729  insured.
  730         Section 13. Subsections (7), (8), and (9) are added to
  731  section 1001.213, Florida Statutes, to read:
  732         1001.213 Office of Early Learning.—There is created within
  733  the Office of Independent Education and Parental Choice the
  734  Office of Early Learning, as required under s. 20.15, which
  735  shall be administered by an executive director. The office shall
  736  be fully accountable to the Commissioner of Education but shall:
  737         (7) Hire a general counsel who reports directly to the
  738  executive director of the office.
  739         (8) Hire an inspector general who reports directly to the
  740  executive director of the office and to the Chief Inspector
  741  General pursuant to s. 14.32.
  742         (9) By July 1, 2016, develop and implement, in consultation
  743  with early learning coalitions and providers of the Voluntary
  744  Prekindergarten Education Program and the school readiness
  745  program, best practices for providing parental notifications in
  746  the parent’s native language to a parent whose native language
  747  is a language other than English.
  748         Section 14. Subsection (4) of section 1002.53, Florida
  749  Statutes, is amended to read:
  750         1002.53 Voluntary Prekindergarten Education Program;
  751  eligibility and enrollment.—
  752         (4)(a) Each parent enrolling a child in the Voluntary
  753  Prekindergarten Education Program must complete and submit an
  754  application to the early learning coalition through the single
  755  point of entry established under s. 1002.82 or to a private
  756  prekindergarten provider if the provider is authorized by the
  757  early learning coalition to determine student eligibility for
  758  enrollment in the program.
  759         (b) The application must be submitted on forms prescribed
  760  by the Office of Early Learning and must be accompanied by a
  761  certified copy of the child’s birth certificate. The forms must
  762  include a certification, in substantially the form provided in
  763  s. 1002.71(6)(b)2., that the parent chooses the private
  764  prekindergarten provider or public school in accordance with
  765  this section and directs that payments for the program be made
  766  to the provider or school. The Office of Early Learning may
  767  authorize alternative methods for submitting proof of the
  768  child’s age in lieu of a certified copy of the child’s birth
  769  certificate.
  770         (c) If a private prekindergarten provider has been
  771  authorized to determine child eligibility and enrollment, upon
  772  receipt of an application, the provider must:
  773         1. Determine the child’s eligibility for the program and be
  774  responsible for any errors in such determination.
  775         2. Retain the original application and certified copy of
  776  the child’s birth certificate or authorized alternative proof of
  777  age on file for at least 5 years.
  778  
  779  Pursuant to this paragraph, the early learning coalition may
  780  audit applications held by a private prekindergarten provider in
  781  the coalition’s service area to determine whether children
  782  enrolled and reported for funding by the provider have met the
  783  eligibility criteria in subsection (2).
  784         (d)(c) Each early learning coalition shall coordinate with
  785  each of the school districts within the coalition’s county or
  786  multicounty region in the development of procedures for
  787  enrolling children in prekindergarten programs delivered by
  788  public schools, including procedures for making child
  789  eligibility determinations and auditing enrollment records to
  790  confirm that enrolled children have met eligibility
  791  requirements.
  792         Section 15.  Section 1002.55, Florida Statutes, is amended
  793  to read:
  794         1002.55 School-year prekindergarten program delivered by
  795  private prekindergarten providers.—
  796         (1) Each early learning coalition shall administer the
  797  Voluntary Prekindergarten Education Program at the county or
  798  regional level for students enrolled under s. 1002.53(3)(a) in a
  799  school-year prekindergarten program delivered by a private
  800  prekindergarten provider. Each early learning coalition shall
  801  cooperate with the Office of Early Learning and the Child Care
  802  Services Program Office of the Department of Children and
  803  Families to reduce paperwork and to avoid duplicating
  804  interagency activities, health and safety monitoring, and
  805  acquiring and composing data pertaining to child care training
  806  and credentialing.
  807         (2) Each school-year prekindergarten program delivered by a
  808  private prekindergarten provider must comprise at least 540
  809  instructional hours.
  810         (3) To be eligible to deliver the prekindergarten program,
  811  a private prekindergarten provider must meet each of the
  812  following requirements:
  813         (a) The private prekindergarten provider must be a child
  814  care facility licensed under s. 402.305, family day care home
  815  licensed under s. 402.313, large family child care home licensed
  816  under s. 402.3131, nonpublic school exempt from licensure under
  817  s. 402.3025(2), or faith-based child care provider exempt from
  818  licensure under s. 402.316.
  819         (a)(b) The private prekindergarten provider must:
  820         1. Be accredited by an accrediting association that is a
  821  member of the National Council for Private School Accreditation,
  822  or the Florida Association of Academic Nonpublic Schools, or be
  823  accredited by the Southern Association of Colleges and Schools,
  824  or Western Association of Colleges and Schools, or North Central
  825  Association of Colleges and Schools, or Middle States
  826  Association of Colleges and Schools, or New England Association
  827  of Colleges and Schools; and have written accreditation
  828  standards that meet or exceed the state’s licensing requirements
  829  under s. 402.305, s. 402.313, or s. 402.3131 and require at
  830  least one onsite visit to the provider or school before
  831  accreditation is granted;
  832         2. Hold a current Gold Seal Quality Care designation under
  833  s. 402.281; or
  834         3. Be licensed under s. 402.305, s. 402.313, or s.
  835  402.3131; or
  836         4. Be a child development center located on a military
  837  installation that is certified by the United States Department
  838  of Defense.
  839         (b) The private prekindergarten provider must provide basic
  840  health and safety on its premises and in its facilities. For a
  841  public school, compliance with ss. 1003.22 and 1013.12 satisfies
  842  this requirement. For a nonpublic school, compliance with s.
  843  402.3025(2)(d) satisfies this requirement. For a child care
  844  facility, a licensed family day care home, or a large family
  845  child care home, compliance with s. 402.305, s. 402.313, or s.
  846  402.3131, respectively, satisfies this requirement. For a
  847  facility exempt from licensure, compliance with s. 402.316(4)
  848  satisfies this requirement and demonstrate, before delivering
  849  the Voluntary Prekindergarten Education Program, as verified by
  850  the early learning coalition, that the provider meets each of
  851  the requirements of the program under this part, including, but
  852  not limited to, the requirements for credentials and background
  853  screenings of prekindergarten instructors under paragraphs (c)
  854  and (d), minimum and maximum class sizes under paragraph (f),
  855  prekindergarten director credentials under paragraph (g), and a
  856  developmentally appropriate curriculum under s. 1002.67(2)(b).
  857         (c) The private prekindergarten provider must have, for
  858  each prekindergarten class of 11 children or fewer, at least one
  859  prekindergarten instructor who meets each of the following
  860  requirements:
  861         1. The prekindergarten instructor must hold, at a minimum,
  862  one of the following credentials:
  863         a. A child development associate credential issued by the
  864  National Credentialing Program of the Council for Professional
  865  Recognition; or
  866         b. A credential approved by the Department of Children and
  867  Families, pursuant to s. 402.305(3)(c), as being equivalent to
  868  or greater than the credential described in sub-subparagraph a.;
  869         c. An associate or higher degree in child development;
  870         d. An associate or higher degree in an unrelated field, at
  871  least 6 credit hours in early childhood education or child
  872  development, and at least 480 hours of experience in teaching or
  873  providing child care services for children any age from birth
  874  through 8 years of age;
  875         e. A baccalaureate or higher degree in early childhood
  876  education, prekindergarten or primary education, preschool
  877  education, or family and consumer science;
  878         f. A baccalaureate or higher degree in family and child
  879  science and at least 480 hours of experience in teaching or
  880  providing child care services for children any age from birth
  881  through 8 years of age;
  882         g. A baccalaureate or higher degree in elementary education
  883  if the prekindergarten instructor has been certified to teach
  884  children of any age from birth through grade 6, regardless of
  885  whether the instructor’s educator certificate is current, and if
  886  the instructor is not ineligible to teach in a public school
  887  because his or her educator certificate is suspended or revoked;
  888  or
  889         h. A credential approved by the department as being
  890  equivalent to or greater than a credential described in sub
  891  subparagraphs a.-f. The department may adopt criteria and
  892  procedures for approving such equivalent credentials.
  893  
  894  The Department of Children and Families may adopt rules under
  895  ss. 120.536(1) and 120.54 which provide criteria and procedures
  896  for approving equivalent credentials under sub-subparagraph b.
  897         2. The prekindergarten instructor must successfully
  898  complete an emergent literacy training course and a student
  899  performance standards training course approved by the office as
  900  meeting or exceeding the minimum standards adopted under s.
  901  1002.59. The requirement for completion of the standards
  902  training course shall take effect July 1, 2015 2014, and the
  903  course shall be available online.
  904         (d) Each prekindergarten instructor employed by the private
  905  prekindergarten provider must be of good moral character, must
  906  undergo background screening pursuant to s. 402.305(2)(a) be
  907  screened using the level 2 screening standards in s. 435.04
  908  before employment, must be and rescreened at least once every 5
  909  years, must be denied employment or terminated if required under
  910  s. 435.06, and must not be ineligible to teach in a public
  911  school because his or her educator certificate is suspended or
  912  revoked.
  913         (e) A private prekindergarten provider may assign a
  914  substitute instructor to temporarily replace a credentialed
  915  instructor if the credentialed instructor assigned to a
  916  prekindergarten class is absent, as long as the substitute
  917  instructor meets the requirements of paragraph (d) is of good
  918  moral character and has been screened before employment in
  919  accordance with level 2 background screening requirements in
  920  chapter 435. The Office of Early Learning shall adopt rules to
  921  implement this paragraph which shall include required
  922  qualifications of substitute instructors and the circumstances
  923  and time limits for which a private prekindergarten provider may
  924  assign a substitute instructor.
  925         (f) Each of the private prekindergarten provider’s
  926  prekindergarten classes must be composed of at least 4 students
  927  but may not exceed 20 students. In order to protect the health
  928  and safety of students, each private prekindergarten provider
  929  must also provide appropriate adult supervision for students at
  930  all times and, for each prekindergarten class composed of 12 or
  931  more students, must have, in addition to a prekindergarten
  932  instructor who meets the requirements of paragraph (c), at least
  933  one adult prekindergarten instructor who is not required to meet
  934  those requirements but who must meet each requirement of s.
  935  402.305(2) paragraph (d). This paragraph does not supersede any
  936  requirement imposed on a provider under ss. 402.301-402.319.
  937         (g) The private prekindergarten provider must have a
  938  prekindergarten director who has a prekindergarten director
  939  credential that is approved by the office as meeting or
  940  exceeding the minimum standards adopted under s. 1002.57.
  941  Successful completion of a child care facility director
  942  credential under s. 402.305(2)(f) before the establishment of
  943  the prekindergarten director credential under s. 1002.57 or July
  944  1, 2006, whichever occurs later, satisfies the requirement for a
  945  prekindergarten director credential under this paragraph.
  946         (h) The private prekindergarten provider must register with
  947  the early learning coalition on forms prescribed by the Office
  948  of Early Learning.
  949         (i) The private prekindergarten provider must execute the
  950  statewide provider contract prescribed under s. 1002.75, except
  951  that an individual who owns or operates multiple private
  952  prekindergarten providers within a coalition’s service area may
  953  execute a single agreement with the coalition on behalf of each
  954  provider.
  955         (j) The private prekindergarten provider must maintain
  956  general liability insurance and provide the coalition with
  957  written evidence of general liability insurance coverage,
  958  including coverage for transportation of children if
  959  prekindergarten students are transported by the provider. A
  960  provider must obtain and retain an insurance policy that
  961  provides a minimum of $100,000 of coverage per occurrence and a
  962  minimum of $300,000 general aggregate coverage. The office may
  963  authorize lower limits upon request, as appropriate. A provider
  964  must add the coalition as a named certificateholder and as an
  965  additional insured. A provider must provide the coalition with a
  966  minimum of 10 calendar days’ advance written notice of
  967  cancellation of or changes to coverage. The general liability
  968  insurance required by this paragraph must remain in full force
  969  and effect for the entire period of the provider contract with
  970  the coalition.
  971         (k) The private prekindergarten provider must obtain and
  972  maintain any required workers’ compensation insurance under
  973  chapter 440 and any required reemployment assistance or
  974  unemployment compensation coverage under chapter 443, unless
  975  exempt under state or federal law.
  976         (l) Notwithstanding paragraph (j), for a private
  977  prekindergarten provider that is a state agency or a subdivision
  978  thereof, as defined in s. 768.28(2), the provider must agree to
  979  notify the coalition of any additional liability coverage
  980  maintained by the provider in addition to that otherwise
  981  established under s. 768.28. The provider shall indemnify the
  982  coalition to the extent permitted by s. 768.28.
  983         (m) The private prekindergarten provider shall be denied
  984  initial eligibility to offer the program if the provider has
  985  been cited for a Class I violation in the 12 months before
  986  seeking eligibility and the Office of Early Learning determines
  987  that denial of initial eligibility is appropriate after a review
  988  of the violation and the provider's licensure history. The
  989  Office of Early Learning shall establish a procedure of due
  990  process which ensures each provider the opportunity to appeal
  991  such a denial of initial eligibility to offer the program. The
  992  decision of the Office of Early Learning is not subject to the
  993  provisions of the Administrative Procedure Act, chapter 120.
  994         (n)(m) The private prekindergarten provider must deliver
  995  the Voluntary Prekindergarten Education Program in accordance
  996  with this part and have child disciplinary policies that
  997  prohibit children from being subjected to discipline that is
  998  severe, humiliating, frightening, or associated with food, rest,
  999  toileting, spanking, or any other form of physical punishment as
 1000  provided in s. 402.305(12).
 1001         (o) Beginning January 1, 2015, at least 50 percent of the
 1002  instructors employed by a prekindergarten provider at each
 1003  location, who are responsible for supervising children in care,
 1004  must be trained in first aid and infant and child
 1005  cardiopulmonary resuscitation, as evidenced by current
 1006  documentation of course completion. As a condition of
 1007  employment, instructors hired on or after January 1, 2015, must
 1008  complete this training within 60 days after employment.
 1009         (p) Beginning January 1, 2016, the private prekindergarten
 1010  provider must employ child care personnel who hold a high school
 1011  diploma or its equivalent and are at least 18 years of age,
 1012  unless the personnel are not responsible for supervising
 1013  children in care or are under direct supervision and are not
 1014  counted for the purposes of computing the personnel-to-child
 1015  ratio.
 1016         (4) A prekindergarten instructor, in lieu of the minimum
 1017  credentials and courses required under paragraph (3)(c), may
 1018  hold one of the following educational credentials:
 1019         (a) A bachelor’s or higher degree in early childhood
 1020  education, prekindergarten or primary education, preschool
 1021  education, or family and consumer science;
 1022         (b) A bachelor’s or higher degree in elementary education,
 1023  if the prekindergarten instructor has been certified to teach
 1024  children any age from birth through 6th grade, regardless of
 1025  whether the instructor’s educator certificate is current, and if
 1026  the instructor is not ineligible to teach in a public school
 1027  because his or her educator certificate is suspended or revoked;
 1028         (c) An associate’s or higher degree in child development;
 1029         (d) An associate’s or higher degree in an unrelated field,
 1030  at least 6 credit hours in early childhood education or child
 1031  development, and at least 480 hours of experience in teaching or
 1032  providing child care services for children any age from birth
 1033  through 8 years of age; or
 1034         (e) An educational credential approved by the department as
 1035  being equivalent to or greater than an educational credential
 1036  described in this subsection. The department may adopt criteria
 1037  and procedures for approving equivalent educational credentials
 1038  under this paragraph.
 1039         (5) Notwithstanding paragraph (3)(b), a private
 1040  prekindergarten provider may not participate in the Voluntary
 1041  Prekindergarten Education Program if the provider has child
 1042  disciplinary policies that do not prohibit children from being
 1043  subjected to discipline that is severe, humiliating,
 1044  frightening, or associated with food, rest, toileting, spanking,
 1045  or any other form of physical punishment as provided in s.
 1046  402.305(12).
 1047         Section 16. Subsection (1) of section 1002.59, Florida
 1048  Statutes, is amended to read:
 1049         1002.59 Emergent literacy and performance standards
 1050  training courses.—
 1051         (1) The office shall adopt minimum standards for one or
 1052  more training courses in emergent literacy for prekindergarten
 1053  instructors. Each course must comprise 5 clock hours and provide
 1054  instruction in strategies and techniques to address the age
 1055  appropriate progress of prekindergarten students in developing
 1056  emergent literacy skills, including oral communication,
 1057  knowledge of print and letters, phonemic and phonological
 1058  awareness, and vocabulary and comprehension development. Each
 1059  course must also provide resources containing strategies that
 1060  allow students with disabilities and other special needs to
 1061  derive maximum benefit from the Voluntary Prekindergarten
 1062  Education Program. Successful completion of an emergent literacy
 1063  training course approved under this section satisfies
 1064  requirements for approved training in early literacy and
 1065  language development under ss. 402.305(2)(d)5., 402.313(4)(c)
 1066  402.313(6), and 402.3131(5).
 1067         Section 17. Subsections (4) through (7) of section 1002.61,
 1068  Florida Statutes, are amended to read:
 1069         1002.61 Summer prekindergarten program delivered by public
 1070  schools and private prekindergarten providers.—
 1071         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
 1072  Each public school and private prekindergarten provider that
 1073  delivers the summer prekindergarten program must have, for each
 1074  prekindergarten class, at least one prekindergarten instructor
 1075  who is a certified teacher or holds one of the educational
 1076  credentials specified in s. 1002.55(3)(c)1.e.-h. 1002.55(4)(a)
 1077  or (b). As used in this subsection, the term “certified teacher”
 1078  means a teacher holding a valid Florida educator certificate
 1079  under s. 1012.56 who has the qualifications required by the
 1080  district school board to instruct students in the summer
 1081  prekindergarten program. In selecting instructional staff for
 1082  the summer prekindergarten program, each school district shall
 1083  give priority to teachers who have experience or coursework in
 1084  early childhood education.
 1085         (5) Each prekindergarten instructor employed by a public
 1086  school or private prekindergarten provider delivering the summer
 1087  prekindergarten program must be of good moral character, must
 1088  undergo background screening pursuant to s. 402.305(2)(a) be
 1089  screened using the level 2 screening standards in s. 435.04
 1090  before employment, must be and rescreened at least once every 5
 1091  years, and must be denied employment or terminated if required
 1092  under s. 435.06. Each prekindergarten instructor employed by a
 1093  public school delivering the summer prekindergarten program, and
 1094  must satisfy the not be ineligible to teach in a public school
 1095  because his or her educator certificate is suspended or revoked.
 1096  This subsection does not supersede employment requirements for
 1097  instructional personnel in public schools as provided in s.
 1098  1012.32 which are more stringent than the requirements of this
 1099  subsection.
 1100         (6) A public school or private prekindergarten provider may
 1101  assign a substitute instructor to temporarily replace a
 1102  credentialed instructor if the credentialed instructor assigned
 1103  to a prekindergarten class is absent, as long as the substitute
 1104  instructor meets the requirements of subsection (5) is of good
 1105  moral character and has been screened before employment in
 1106  accordance with level 2 background screening requirements in
 1107  chapter 435. This subsection does not supersede employment
 1108  requirements for instructional personnel in public schools which
 1109  are more stringent than the requirements of this subsection. The
 1110  Office of Early Learning shall adopt rules to implement this
 1111  subsection which must shall include required qualifications of
 1112  substitute instructors and the circumstances and time limits for
 1113  which a public school or private prekindergarten provider may
 1114  assign a substitute instructor.
 1115         (7) Notwithstanding ss. 1002.55(3)(e) 1002.55(3)(f) and
 1116  1002.63(7), each prekindergarten class in the summer
 1117  prekindergarten program, regardless of whether the class is a
 1118  public school’s or private prekindergarten provider’s class,
 1119  must be composed of at least 4 students but may not exceed 12
 1120  students beginning with the 2009 summer session. In order to
 1121  protect the health and safety of students, each public school or
 1122  private prekindergarten provider must also provide appropriate
 1123  adult supervision for students at all times. This subsection
 1124  does not supersede any requirement imposed on a provider under
 1125  ss. 402.301-402.319.
 1126         Section 18. Subsections (5) and (6) of section 1002.63,
 1127  Florida Statutes, are amended to read:
 1128         1002.63 School-year prekindergarten program delivered by
 1129  public schools.—
 1130         (5) Each prekindergarten instructor employed by a public
 1131  school delivering the school-year prekindergarten program must
 1132  satisfy the be of good moral character, must be screened using
 1133  the level 2 screening standards in s. 435.04 before employment
 1134  and rescreened at least once every 5 years, must be denied
 1135  employment or terminated if required under s. 435.06, and must
 1136  not be ineligible to teach in a public school because his or her
 1137  educator certificate is suspended or revoked. This subsection
 1138  does not supersede employment requirements for instructional
 1139  personnel in public schools as provided in s. 1012.32 which are
 1140  more stringent than the requirements of this subsection.
 1141         (6) A public school prekindergarten provider may assign a
 1142  substitute instructor to temporarily replace a credentialed
 1143  instructor if the credentialed instructor assigned to a
 1144  prekindergarten class is absent, as long as the substitute
 1145  instructor meets the requirements of subsection (5) is of good
 1146  moral character and has been screened before employment in
 1147  accordance with level 2 background screening requirements in
 1148  chapter 435. This subsection does not supersede employment
 1149  requirements for instructional personnel in public schools which
 1150  are more stringent than the requirements of this subsection. The
 1151  Office of Early Learning shall adopt rules to implement this
 1152  subsection which must shall include required qualifications of
 1153  substitute instructors and the circumstances and time limits for
 1154  which a public school prekindergarten provider may assign a
 1155  substitute instructor.
 1156         Section 19. Paragraph (a) of subsection (6) of section
 1157  1002.71, Florida Statutes, is amended to read:
 1158         1002.71 Funding; financial and attendance reporting.—
 1159         (6)(a) Each parent enrolling his or her child in the
 1160  Voluntary Prekindergarten Education Program must agree to comply
 1161  with the attendance policy of the private prekindergarten
 1162  provider or district school board, as applicable. Upon
 1163  enrollment of the child, the private prekindergarten provider or
 1164  public school, as applicable, must provide the child’s parent
 1165  with program information, including, but not limited to, child
 1166  development, expectations for parent engagement, the daily
 1167  schedule, and the a copy of the provider’s or school district’s
 1168  attendance policy, which must include procedures for contacting
 1169  a parent on the second consecutive day a child is absent for
 1170  which the reason is unknown as applicable.
 1171         Section 20. Subsection (1) of section 1002.75, Florida
 1172  Statutes, is amended to read:
 1173         1002.75 Office of Early Learning; powers and duties.—
 1174         (1) The Office of Early Learning shall adopt by rule a
 1175  standard statewide provider contract to be used with each
 1176  Voluntary Prekindergarten Education Program provider, with
 1177  standardized attachments by provider type. The office shall
 1178  publish a copy of the standard statewide provider contract on
 1179  its website. The standard statewide contract must shall include,
 1180  at a minimum, provisions that:
 1181         (a) Govern for provider probation, termination for cause,
 1182  and emergency termination for those actions or inactions of a
 1183  provider that pose an immediate and serious danger to the
 1184  health, safety, or welfare of children. The standard statewide
 1185  contract shall also include appropriate due process procedures.
 1186  During the pendency of an appeal of a termination, the provider
 1187  may not continue to offer its services.
 1188         (b) Require each private prekindergarten provider to
 1189  conspicuously post, in an area visible to parents, on the
 1190  premises, pursuant to s. 402.3125(1)(b), and the provider's
 1191  Internet website, if available, each citation for a Class I
 1192  violation, as defined by rule of the Department of Children and
 1193  Families, which results in disciplinary action. Such posting
 1194  must use simple language to describe each violation with
 1195  specificity and include a copy of the citation and the contact
 1196  information of the Department of Children and Families or the
 1197  local licensing agency from which the parent may obtain
 1198  additional information regarding the citation. Posting of a
 1199  Class I violation by the provider must occur within 24 hours
 1200  after receipt of the citation. Additionally, such provider shall
 1201  post each inspection report on the premises in an area visible
 1202  to parents, which report must remain posted until the next
 1203  inspection report is available.
 1204         (c) Specify that child care personnel employed by the
 1205  provider who are responsible for supervising children in care
 1206  must be trained in developmentally appropriate practices aligned
 1207  to the age and needs of children over which the personnel are
 1208  assigned supervision duties. This requirement is met by the
 1209  completion of developmentally appropriate practice courses
 1210  administered by the Department of Children and Families under s.
 1211  402.305(2)(d)1. within 30 days after being assigned such
 1212  children if the child care personnel has not previously
 1213  completed the training.
 1214  
 1215  Any provision imposed upon a provider that is inconsistent with,
 1216  or prohibited by, law is void and unenforceable.
 1217         Section 21. Subsections (1), (3), and (5) of section
 1218  1002.77, Florida Statutes, are amended to read:
 1219         1002.77 Florida Early Learning Advisory Council.—
 1220         (1) There is created the Florida Early Learning Advisory
 1221  Council within the Office of Early Learning. The purpose of the
 1222  advisory council is to provide written input submit
 1223  recommendations to the executive director office on early
 1224  learning best practices, including recommendations relating to
 1225  the most effective program administration; of the Voluntary
 1226  Prekindergarten Education Program under this part and the school
 1227  readiness program under part VI of this chapter. The advisory
 1228  council shall periodically analyze and provide recommendations
 1229  to the office on the effective and efficient use of local,
 1230  state, and federal funds; the content of professional
 1231  development training programs; and best practices for the
 1232  development and implementation of coalition plans pursuant to s.
 1233  1002.85.
 1234         (3) The advisory council shall meet at least quarterly
 1235  upon the call of the executive director but may meet as often as
 1236  necessary to carry out its duties and responsibilities. The
 1237  executive director is encouraged to advisory council may use
 1238  communications media technology any method of telecommunications
 1239  to conduct meetings in accordance with s. 120.54(5)(b),
 1240  including establishing a quorum through telecommunications, only
 1241  if the public is given proper notice of a telecommunications
 1242  meeting and reasonable access to observe and, when appropriate,
 1243  participate.
 1244         (5) The Office of Early Learning shall provide staff and
 1245  administrative support for the advisory council as determined by
 1246  the executive director.
 1247         Section 22. Paragraph (f) of subsection (1) and subsections
 1248  (8) and (16) of section 1002.81, Florida Statutes, are amended
 1249  to read:
 1250         1002.81 Definitions.—Consistent with the requirements of 45
 1251  C.F.R. parts 98 and 99 and as used in this part, the term:
 1252         (1) “At-risk child” means:
 1253         (f) A child in the custody of a parent who is considered
 1254  homeless as verified by a designated lead agency on the homeless
 1255  assistance continuum of care established under ss. 420.622
 1256  420.624 Department of Children and Families certified homeless
 1257  shelter.
 1258         (8) “Family income” means the combined gross income,
 1259  whether earned or unearned, that is derived from any source by
 1260  all family or household members who are 18 years of age or older
 1261  who are currently residing together in the same dwelling unit.
 1262  The term does not include:
 1263         (a) Income earned by a currently enrolled high school
 1264  student who, since attaining the age of 18 years, or a student
 1265  with a disability who, since attaining the age of 22 years, has
 1266  not terminated school enrollment or received a high school
 1267  diploma, high school equivalency diploma, special diploma, or
 1268  certificate of high school completion.
 1269         (b) Income earned by a teen parent residing in the same
 1270  residence as a separate family unit.
 1271         (c) Selected items from the state’s Child Care and
 1272  Development Fund Plan, such as The term also does not include
 1273  food stamp benefits, documented child support and alimony
 1274  payments paid out of the home, or federal housing assistance
 1275  payments issued directly to a landlord or the associated
 1276  utilities expenses.
 1277         (16) “Working family” means:
 1278         (a) A single-parent family in which the parent with whom
 1279  the child resides is employed or engaged in eligible work or
 1280  education activities for at least 20 hours per week or is exempt
 1281  from work requirements due to age or disability, as determined
 1282  and documented by a physician licensed under chapter 458 or
 1283  chapter 459;
 1284         (b) A two-parent family in which both parents with whom the
 1285  child resides are employed or engaged in eligible work or
 1286  education activities for a combined total of at least 40 hours
 1287  per week; or
 1288         (c) A two-parent family in which one of the parents with
 1289  whom the child resides is exempt from work requirements due to
 1290  age or disability, as determined and documented by a physician
 1291  licensed under chapter 458 or chapter 459, and one parent is
 1292  employed or engaged in eligible work or education activities at
 1293  least 20 hours per week; or
 1294         (d) A two-parent family in which both of the parents with
 1295  whom the child resides are exempt from work requirements due to
 1296  age or disability, as determined and documented by a physician
 1297  licensed under chapter 458 or chapter 459.
 1298         Section 23. Paragraphs (b), (j), (m), and (p) of subsection
 1299  (2) of section 1002.82, Florida Statutes, are amended to read:
 1300         1002.82 Office of Early Learning; powers and duties.—
 1301         (2) The office shall:
 1302         (b) Preserve parental choice by permitting parents to
 1303  choose from a variety of child care categories authorized in s.
 1304  1002.88(1)(a), including center-based care, family child care,
 1305  and informal child care to the extent authorized in the state’s
 1306  Child Care and Development Fund Plan as approved by the United
 1307  States Department of Health and Human Services pursuant to 45
 1308  C.F.R. s. 98.18. Care and curriculum by a faith-based provider
 1309  may not be limited or excluded in any of these categories.
 1310         (j) Develop and adopt standards and benchmarks that address
 1311  the age-appropriate progress of children in the development of
 1312  school readiness skills. The standards for children from birth
 1313  to 5 years of age in the school readiness program must be
 1314  aligned with the performance standards adopted for children in
 1315  the Voluntary Prekindergarten Education Program and must address
 1316  the following domains:
 1317         1. Approaches to learning.
 1318         2. Cognitive development and general knowledge.
 1319         3. Numeracy, language, and communication.
 1320         4. Physical development.
 1321         5. Self-regulation.
 1322  
 1323  By July 1, 2015, the Office of Early Learning shall develop and
 1324  implement an online training course on the performance standards
 1325  for school readiness program provider personnel pursuant to this
 1326  paragraph.
 1327         (m) Adopt by rule a standard statewide provider contract to
 1328  be used with each school readiness program provider, with
 1329  standardized attachments by provider type. The office shall
 1330  publish a copy of the standard statewide provider contract on
 1331  its website. The standard statewide contract must shall include,
 1332  at a minimum, provisions that:
 1333         1. Govern for provider probation, termination for cause,
 1334  and emergency termination for those actions or inactions of a
 1335  provider that pose an immediate and serious danger to the
 1336  health, safety, or welfare of the children. The standard
 1337  statewide provider contract shall also include appropriate due
 1338  process procedures. During the pendency of an appeal of a
 1339  termination, the provider may not continue to offer its
 1340  services.
 1341         2. Require each provider that is eligible to provide the
 1342  program pursuant to s. 1002.88(1)(a) to conspicuously post, in
 1343  an area visible to parents, on the premises, pursuant to s.
 1344  402.3125(1)(b), and the provider's Internet website, if
 1345  available, each citation for a Class I violation, as defined by
 1346  rule of the Department of Children and Families, which results
 1347  in disciplinary action. Such posting must use simple language to
 1348  describe each violation with specificity and include a copy of
 1349  the citation and the contact information of the Department of
 1350  Children and Families or the local licensing agency from which
 1351  the parent may obtain additional information regarding the
 1352  citation. Posting of a Class I violation by the provider must
 1353  occur within 24 hours after receipt of the citation.
 1354  Additionally, such provider shall post each inspection report on
 1355  the premises in an area visible to parents, which report must
 1356  remain posted until the next inspection report is available.
 1357         3. Specify that child care personnel employed by the
 1358  provider who are responsible for supervising children in care
 1359  must be trained in developmentally appropriate practices aligned
 1360  to the age and needs of children over which the personnel are
 1361  assigned supervision duties. This requirement is met by
 1362  completion of developmentally appropriate practice courses
 1363  administered by the Department of Children and Families under s.
 1364  402.305(2)(d)1. within 30 days after being assigned such
 1365  children if the child care personnel has not previously
 1366  completed the training.
 1367         4. Require child care personnel who are employed by the
 1368  provider to complete an online training course on the
 1369  performance standards adopted pursuant to paragraph (j).
 1370  
 1371  Any provision imposed upon a provider that is inconsistent with,
 1372  or prohibited by, law is void and unenforceable.
 1373         (p) Monitor and evaluate the performance of each early
 1374  learning coalition in administering the school readiness program
 1375  and the Voluntary Prekindergarten Education Program, ensuring
 1376  proper payments for school readiness program and Voluntary
 1377  Prekindergarten Education Program services, and implementing the
 1378  coalition’s school readiness program plan, and administering the
 1379  Voluntary Prekindergarten Education Program. These monitoring
 1380  and performance evaluations must include, at a minimum, onsite
 1381  monitoring of each coalition’s finances, management, operations,
 1382  and programs.
 1383         Section 24. Subsections (8) and (20) of section 1002.84,
 1384  Florida Statutes, are amended to read:
 1385         1002.84 Early learning coalitions; school readiness powers
 1386  and duties.—Each early learning coalition shall:
 1387         (8) Establish a parent sliding fee scale that requires a
 1388  parent copayment to participate in the school readiness program.
 1389  Providers are required to collect the parent’s copayment. A
 1390  coalition may, on a case-by-case basis, waive the copayment for
 1391  an at-risk child or temporarily waive the copayment for a child
 1392  whose family’s income is at or below the federal poverty level
 1393  and family experiences a natural disaster or an event that
 1394  limits the parent’s ability to pay, such as incarceration,
 1395  placement in residential treatment, or becoming homeless, or an
 1396  emergency situation such as a household fire or burglary, or
 1397  while the parent is participating in parenting classes. A parent
 1398  may not transfer school readiness program services to another
 1399  school readiness program provider until the parent has submitted
 1400  documentation from the current school readiness program provider
 1401  to the early learning coalition stating that the parent has
 1402  satisfactorily fulfilled the copayment obligation.
 1403         (20) To increase transparency and accountability, comply
 1404  with the requirements of this section before contracting with a
 1405  member of the coalition, an employee of the coalition, or a
 1406  relative, as defined in s. 112.3143(1)(c) s. 112.3143(1)(b), of
 1407  a coalition member or of an employee of the coalition. Such
 1408  contracts may not be executed without the approval of the
 1409  office. Such contracts, as well as documentation demonstrating
 1410  adherence to this section by the coalition, must be approved by
 1411  a two-thirds vote of the coalition, a quorum having been
 1412  established; all conflicts of interest must be disclosed before
 1413  the vote; and any member who may benefit from the contract, or
 1414  whose relative may benefit from the contract, must abstain from
 1415  the vote. A contract under $25,000 between an early learning
 1416  coalition and a member of that coalition or between a relative,
 1417  as defined in s. 112.3143(1)(b), of a coalition member or of an
 1418  employee of the coalition is not required to have the prior
 1419  approval of the office but must be approved by a two-thirds vote
 1420  of the coalition, a quorum having been established, and must be
 1421  reported to the office within 30 days after approval. If a
 1422  contract cannot be approved by the office, a review of the
 1423  decision to disapprove the contract may be requested by the
 1424  early learning coalition or other parties to the disapproved
 1425  contract.
 1426         Section 25. Paragraphs (c) and (h) of subsection (1) and
 1427  subsections (6) through (8) of section 1002.87, Florida
 1428  Statutes, are amended to read:
 1429         1002.87 School readiness program; eligibility and
 1430  enrollment.—
 1431         (1) Effective August 1, 2013, or upon reevaluation of
 1432  eligibility for children currently served, whichever is later,
 1433  each early learning coalition shall give priority for
 1434  participation in the school readiness program as follows:
 1435         (c) Priority shall be given next to a child from birth to
 1436  the beginning of the school year for which the child is eligible
 1437  for admission to kindergarten in a public school under s.
 1438  1003.21(1)(a)2. who is from a working family that is
 1439  economically disadvantaged, and may include such child’s
 1440  eligible siblings, beginning with the school year in which the
 1441  sibling is eligible for admission to kindergarten in a public
 1442  school under s. 1003.21(1)(a)2. until the beginning of the
 1443  school year in which the sibling enters is eligible to begin 6th
 1444  grade, provided that the first priority for funding an eligible
 1445  sibling is local revenues available to the coalition for funding
 1446  direct services. However, a child eligible under this paragraph
 1447  ceases to be eligible if his or her family income exceeds 200
 1448  percent of the federal poverty level.
 1449         (h) Priority shall be given next to a child who has
 1450  special needs, has been determined eligible as an infant or
 1451  toddler from birth to 3 years of age with an individualized
 1452  family support plan receiving early intervention services or as
 1453  a student with a disability with, has a current individual
 1454  education plan with a Florida school district, and is not
 1455  younger than 3 years of age. A special needs child eligible
 1456  under this paragraph remains eligible until the child is
 1457  eligible for admission to kindergarten in a public school under
 1458  s. 1003.21(1)(a)2.
 1459         (6) Eligibility for each child must be reevaluated
 1460  annually. Upon reevaluation, a child may not continue to receive
 1461  school readiness program services if he or she has ceased to be
 1462  eligible under this section. If a child no longer meets
 1463  eligibility or program requirements, the coalition must
 1464  immediately notify the child’s parent and the provider that
 1465  funding will end 2 weeks after the date on which the child was
 1466  determined to be ineligible or when the current child care
 1467  authorization expires, whichever occurs first.
 1468         (7) If a coalition disenrolls children from the school
 1469  readiness program due to lack of funding or a change in
 1470  eligibility priorities, the coalition must disenroll the
 1471  children in reverse order of the eligibility priorities listed
 1472  in subsection (1) beginning with children from families with the
 1473  highest family incomes. A notice of disenrollment must be sent
 1474  to the parent and school readiness program provider at least 2
 1475  weeks before disenrollment or the expiration of the current
 1476  child care authorization, whichever occurs first, to provide
 1477  adequate time for the parent to arrange alternative care for the
 1478  child. However, an at-risk child receiving services from the
 1479  Child Welfare Program Office of the Department of Children and
 1480  Families may not be disenrolled from the program without the
 1481  written approval of the Child Welfare Program Office of the
 1482  Department of Children and Families or the community-based lead
 1483  agency.
 1484         (8) If a child is absent from the program for 2 consecutive
 1485  days without parental notification to the program of such
 1486  absence, the school readiness program provider shall contact the
 1487  parent and determine the cause for absence and expected date of
 1488  return. If a child is absent from the program for 5 consecutive
 1489  days without parental notification to the program of such
 1490  absence, the school readiness program provider shall report the
 1491  absence to the early learning coalition for a determination of
 1492  the need for continued care.
 1493         Section 26. Paragraphs (a) through (c) and (l) through (q)
 1494  of subsection (1) and subsections (2) and (3) of section
 1495  1002.88, Florida Statutes, are amended, and subsections (4) and
 1496  (5) are added to that section to read:
 1497         1002.88 School readiness program provider standards;
 1498  eligibility to deliver the school readiness program.—
 1499         (1) To be eligible to deliver the school readiness program,
 1500  a school readiness program provider must:
 1501         (a)1. Be a nonpublic school in substantial compliance with
 1502  s. 402.3025(2)(d), a child care facility licensed under s.
 1503  402.305, a family day care home licensed or registered under s.
 1504  402.313, a large family child care home licensed under s.
 1505  402.3131, or a child care facility exempt from licensure
 1506  operating under s. 402.316(4); or
 1507         2. Be an entity that is part of Florida’s education system
 1508  under s. 1000.04(1); a public school or nonpublic school exempt
 1509  from licensure under s. 402.3025, a faith-based child care
 1510  provider exempt from licensure under s. 402.316, a before-school
 1511  or after-school program described in s. 402.305(1)(c), or
 1512         3. Be an informal child care provider to the extent
 1513  authorized in the state’s Child Care and Development Fund Plan
 1514  as approved by the United States Department of Health and Human
 1515  Services pursuant to 45 C.F.R. s. 98.18.
 1516         (b) Provide instruction and activities to enhance the age
 1517  appropriate progress of each child in attaining the child
 1518  development standards adopted by the office pursuant to s.
 1519  1002.82(2)(j). A provider should include activities to foster
 1520  brain development in infants and toddlers; provide an
 1521  environment that is rich in language and music and filled with
 1522  objects of various colors, shapes, textures, and sizes to
 1523  stimulate visual, tactile, auditory, and linguistic senses; and
 1524  include 30 minutes of reading to children each day. A provider
 1525  must provide parents information on child development,
 1526  expectations for parent engagement, the daily schedule, and the
 1527  attendance policy.
 1528         (c) Provide basic health and safety of its premises and
 1529  facilities in accordance with applicable licensing and
 1530  inspection requirements and compliance with requirements for
 1531  age-appropriate immunizations of children enrolled in the school
 1532  readiness program. For a child care facility, a large family
 1533  child care home, or a licensed family day care home, compliance
 1534  with s. 402.305, s. 402.3131, or s. 402.313 satisfies this
 1535  requirement. For a public or nonpublic school, compliance with
 1536  ss. s. 402.3025 or s. 1003.22 and 1013.12 satisfies this
 1537  requirement. For a nonpublic school, compliance with s.
 1538  402.3025(2)(d) satisfies this requirement. For a facility exempt
 1539  from licensure, compliance with s. 402.316(4) satisfies this
 1540  requirement. For an informal provider, substantial compliance as
 1541  defined in s. 402.302(17) satisfies this requirement. A provider
 1542  shall be denied initial eligibility to offer the program if the
 1543  provider has been cited for a Class I violation in the 12 months
 1544  before seeking eligibility and the Office of Early Learning
 1545  determines that denial of initial eligibility is appropriate
 1546  after a review of the violation and the provider's licensure
 1547  history. The Office of Early Learning shall establish a
 1548  procedure of due process which ensures each provider the
 1549  opportunity to appeal such a denial of initial eligibility to
 1550  offer the program. The decision of the Office of Early Learning
 1551  is not subject to the provisions of the Administrative Procedure
 1552  Act, chapter 120. A faith-based child care provider, an informal
 1553  child care provider, or a nonpublic school, exempt from
 1554  licensure under s. 402.316 or s. 402.3025, shall annually
 1555  complete the health and safety checklist adopted by the office,
 1556  post the checklist prominently on its premises in plain sight
 1557  for visitors and parents, and submit it annually to its local
 1558  early learning coalition.
 1559         (l) For a provider that is not an informal provider,
 1560  Maintain general liability insurance and provide the coalition
 1561  with written evidence of general liability insurance coverage,
 1562  including coverage for transportation of children if school
 1563  readiness program children are transported by the provider. A
 1564  private provider must obtain and retain an insurance policy that
 1565  provides a minimum of $100,000 of coverage per occurrence and a
 1566  minimum of $300,000 general aggregate coverage. The office may
 1567  authorize lower limits upon request, as appropriate. A provider
 1568  must add the coalition as a named certificateholder and as an
 1569  additional insured. A private provider must provide the
 1570  coalition with a minimum of 10 calendar days’ advance written
 1571  notice of cancellation of or changes to coverage. The general
 1572  liability insurance required by this paragraph must remain in
 1573  full force and effect for the entire period of the provider
 1574  contract with the coalition.
 1575         (m) For a provider that is an informal provider, comply
 1576  with the provisions of paragraph (l) or maintain homeowner’s
 1577  liability insurance and, if applicable, a business rider. If an
 1578  informal provider chooses to maintain a homeowner’s policy, the
 1579  provider must obtain and retain a homeowner’s insurance policy
 1580  that provides a minimum of $100,000 of coverage per occurrence
 1581  and a minimum of $300,000 general aggregate coverage. The office
 1582  may authorize lower limits upon request, as appropriate. An
 1583  informal provider must add the coalition as a named
 1584  certificateholder and as an additional insured. An informal
 1585  provider must provide the coalition with a minimum of 10
 1586  calendar days’ advance written notice of cancellation of or
 1587  changes to coverage. The general liability insurance required by
 1588  this paragraph must remain in full force and effect for the
 1589  entire period of the provider’s contract with the coalition.
 1590         (m)(n) Obtain and maintain any required workers’
 1591  compensation insurance under chapter 440 and any required
 1592  reemployment assistance or unemployment compensation coverage
 1593  under chapter 443, unless exempt under state or federal law.
 1594         (n)(o) Notwithstanding paragraph (l), for a provider that
 1595  is a state agency or a subdivision thereof, as defined in s.
 1596  768.28(2), agree to notify the coalition of any additional
 1597  liability coverage maintained by the provider in addition to
 1598  that otherwise established under s. 768.28. The provider shall
 1599  indemnify the coalition to the extent permitted by s. 768.28.
 1600         (o)(p) Execute the standard statewide provider contract
 1601  adopted by the office.
 1602         (p)(q) Operate on a full-time and part-time basis and
 1603  provide extended-day and extended-year services to the maximum
 1604  extent possible without compromising the quality of the program
 1605  to meet the needs of parents who work.
 1606         (2) Beginning January 1, 2016, child care personnel
 1607  employed by a school readiness program provider must hold a high
 1608  school diploma or its equivalent and be at least 18 years of
 1609  age, unless the personnel are not responsible for supervising
 1610  children in care or are under direct supervision and are not
 1611  counted for the purposes of computing the personnel-to-child
 1612  ratio.
 1613         (3)Beginning January 1, 2015, at least 50 percent of the
 1614  child care personnel employed by a school readiness provider at
 1615  each location, who are responsible for supervising children in
 1616  care, must be trained in first aid and infant and child
 1617  cardiopulmonary resuscitation, as evidenced by current
 1618  documentation of course completion. As a condition of
 1619  employment, personnel hired on or after January 1, 2015, must
 1620  complete this training within 60 days after employment.
 1621         (4)(2) If a school readiness program provider fails or
 1622  refuses to comply with this part or any contractual obligation
 1623  of the statewide provider contract under s. 1002.82(2)(m), the
 1624  coalition may revoke the provider’s eligibility to deliver the
 1625  school readiness program or receive state or federal funds under
 1626  this chapter for a period of 5 years.
 1627         (5)(3) The office and the coalitions may not:
 1628         (a) Impose any requirement on a child care provider or
 1629  early childhood education provider that does not deliver
 1630  services under the school readiness program or receive state or
 1631  federal funds under this part;
 1632         (b) Impose any requirement on a school readiness program
 1633  provider that exceeds the authority provided under this part or
 1634  part V of this chapter or rules adopted pursuant to this part or
 1635  part V of this chapter; or
 1636         (c) Require a provider to administer a preassessment or
 1637  postassessment.
 1638         Section 27. Paragraph (b) of subsection (6) and subsection
 1639  (7) of Section 1002.89, Florida Statutes, are amended to read:
 1640         1002.89 School readiness program; funding.—
 1641         (6) Costs shall be kept to the minimum necessary for the
 1642  efficient and effective administration of the school readiness
 1643  program with the highest priority of expenditure being direct
 1644  services for eligible children. However, no more than 5 percent
 1645  of the funds described in subsection (5) may be used for
 1646  administrative costs and no more than 22 percent of the funds
 1647  described in subsection (5) may be used in any fiscal year for
 1648  any combination of administrative costs, quality activities, and
 1649  nondirect services as follows:
 1650         (b) Activities to improve the quality of child care as
 1651  described in 45 C.F.R. s. 98.51, which must shall be limited to
 1652  the following:
 1653         1. Developing, establishing, expanding, operating, and
 1654  coordinating resource and referral programs specifically related
 1655  to the provision of comprehensive consumer education to parents
 1656  and the public to promote informed child care choices specified
 1657  in 45 C.F.R. s. 98.33 regarding participation in the school
 1658  readiness program and parental choice.
 1659         2. Awarding grants and providing financial support to
 1660  school readiness program providers and their staff to assist
 1661  them in meeting applicable state requirements for child care
 1662  performance standards, implementing developmentally appropriate
 1663  curricula and related classroom resources that support
 1664  curricula, providing literacy supports, obtaining a license or
 1665  accreditation, and providing professional development, including
 1666  scholarships and other incentives. Any grants awarded pursuant
 1667  to this subparagraph shall comply with the requirements of ss.
 1668  215.971 and 287.058.
 1669         3. Providing training, and technical assistance, and
 1670  financial support for school readiness program providers, staff,
 1671  and parents on standards, child screenings, child assessments,
 1672  developmentally appropriate curricula, character development,
 1673  teacher-child interactions, age-appropriate discipline
 1674  practices, health and safety, nutrition, first aid,
 1675  cardiopulmonary resuscitation, the recognition of communicable
 1676  diseases, and child abuse detection and prevention.
 1677         4. Providing from among the funds provided for the
 1678  activities described in subparagraphs 1.-3., adequate funding
 1679  for infants and toddlers as necessary to meet federal
 1680  requirements related to expenditures for quality activities for
 1681  infant and toddler care.
 1682         5. Improving the monitoring of compliance with, and
 1683  enforcement of, applicable state and local requirements as
 1684  described in and limited by 45 C.F.R. s. 98.40.
 1685         6. Responding to Warm-Line requests by providers and
 1686  parents related to school readiness program children, including
 1687  providing developmental and health screenings to school
 1688  readiness program children.
 1689         (7) Funds appropriated for the school readiness program
 1690  may not be expended for the purchase or improvement of land; for
 1691  the purchase, construction, or permanent improvement of any
 1692  building or facility; or for the purchase of buses. However,
 1693  funds may be expended for minor remodeling necessary for the
 1694  administration of the program and upgrading of child care
 1695  facilities to ensure that providers meet state and local child
 1696  care standards, including applicable health and safety
 1697  requirements.
 1698         Section 28. Subsection (7) of section 1002.91, Florida
 1699  Statutes, is amended to read:
 1700         1002.91 Investigations of fraud or overpayment; penalties.—
 1701         (7) The early learning coalition may not contract with a
 1702  school readiness program provider, or a Voluntary
 1703  Prekindergarten Education Program provider, or an individual who
 1704  is on the United States Department of Agriculture National
 1705  Disqualified List. In addition, the coalition may not contract
 1706  with any provider that shares an officer or director with a
 1707  provider that is on the United States Department of Agriculture
 1708  National Disqualified List.
 1709         Section 29. Paragraph (d) of subsection (3) of section
 1710  1002.94, Florida Statutes, is amended to read:
 1711         1002.94 Child Care Executive Partnership Program.—
 1712         (3)
 1713         (d) Each early learning coalition shall establish a
 1714  community child care task force for each child care purchasing
 1715  pool. The task force must be composed of employers, parents,
 1716  private child care providers, and one representative from the
 1717  local children’s services council, if one exists in the area of
 1718  the purchasing pool. The early learning coalition is expected to
 1719  recruit the task force members from existing child care
 1720  councils, commissions, or task forces already operating in the
 1721  area of a purchasing pool. A majority of the task force shall
 1722  consist of employers.
 1723         Section 30. This act shall take effect July 1, 2014.
 1724  
 1725  ================= T I T L E  A M E N D M E N T ================
 1726  And the title is amended as follows:
 1727         Delete everything before the enacting clause
 1728  and insert:
 1729                        A bill to be entitled                      
 1730         An act relating to education; providing a directive to
 1731         the Division of Law Revision and Information; changing
 1732         the term “family day care home” to “family child care
 1733         home” and the term “family day care” to “family child
 1734         care”; amending ss. 125.0109 and 166.0445, F.S.;
 1735         including large family child care homes in local
 1736         zoning regulation requirements; amending s. 402.302,
 1737         F.S.; revising the definition of the term “substantial
 1738         compliance”; requiring the Department of Children and
 1739         Families to adopt rules for compliance by certain
 1740         programs not licensed by the department; amending s.
 1741         402.3025, F.S.; providing requirements for nonpublic
 1742         schools delivering certain voluntary prekindergarten
 1743         education programs and school readiness programs;
 1744         amending s. 402.305, F.S.; revising certain minimum
 1745         standards for child care facilities; amending s.
 1746         402.311, F.S.; providing for the inspection of
 1747         programs regulated by the department; amending s.
 1748         402.3115, F.S.; providing for abbreviated inspections
 1749         of specified child care homes; requiring rulemaking;
 1750         amending s. 402.313, F.S.; revising provisions for
 1751         licensure, registration, and operation of family day
 1752         care homes; amending s. 402.3131, F.S.; revising
 1753         requirements for large family child care homes;
 1754         amending s. 402.316, F.S., relating to exemptions from
 1755         child care facility licensing standards; requiring a
 1756         child care facility operating as a provider of certain
 1757         voluntary prekindergarten education programs or child
 1758         care programs to comply with minimum standards;
 1759         providing penalties for failure to disclose or for use
 1760         of certain information; requiring the department to
 1761         establish a fee for inspection and compliance
 1762         activities; amending s. 627.70161, F.S.; revising
 1763         restrictions on residential property insurance
 1764         coverage to include coverage for large family child
 1765         care homes; amending s. 1001.213, F.S.; providing
 1766         additional duties of the Office of Early Learning;
 1767         amending s. 1002.53, F.S.; revising requirements for
 1768         application and determination of eligibility to enroll
 1769         in the Voluntary Prekindergarten (VPK) Education
 1770         Program; amending s. 1002.55, F.S.; revising
 1771         requirements for a school-year prekindergarten program
 1772         delivered by a private prekindergarten provider,
 1773         including requirements for providers, instructors, and
 1774         child care personnel; providing requirements in the
 1775         case of provider violations; amending s. 1002.59,
 1776         F.S.; correcting a cross-reference; amending ss.
 1777         1002.61 and 1002.63, F.S.; revising employment
 1778         requirements and educational credentials of certain
 1779         instructional personnel; amending s. 1002.71, F.S.;
 1780         revising information that must be reported to parents;
 1781         amending s. 1002.75, F.S.; revising provisions
 1782         included in the standard statewide VPK program
 1783         provider contract; amending s. 1002.77, F.S.; revising
 1784         the purpose and meetings of the Florida Early Learning
 1785         Advisory Council; amending s. 1002.81, F.S.; revising
 1786         certain program definitions; amending s. 1002.82,
 1787         F.S.; revising the powers and duties of the Office of
 1788         Early Learning; revising provisions included in the
 1789         standard statewide school readiness provider contract;
 1790         amending s. 1002.84, F.S.; revising the powers and
 1791         duties of early learning coalitions; conforming
 1792         provisions to changes made by the act; amending s.
 1793         1002.87, F.S.; revising student eligibility and
 1794         enrollment requirements for the school readiness
 1795         program; amending s. 1002.88, F.S.; revising
 1796         eligibility requirements for program providers that
 1797         want to deliver the school readiness program;
 1798         providing conditions for denial of initial
 1799         eligibility; providing child care personnel
 1800         requirements; amending s. 1002.89, F.S.; revising the
 1801         use of funds for the school readiness program;
 1802         amending s. 1002.91, F.S.; prohibiting an early
 1803         learning coalition from contracting with specified
 1804         persons; amending s. 1002.94, F.S.; revising
 1805         establishment of a community child care task force by
 1806         an early learning coalition; providing an effective
 1807         date.