Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS/HB 7053, 1st Eng.
Ì8429168Î842916
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: SENAT/C
02/23/2016 12:46 PM . 03/11/2016 10:54 AM
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Senator Legg moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (6) of section 39.201, Florida
6 Statutes, is amended to read:
7 39.201 Mandatory reports of child abuse, abandonment, or
8 neglect; mandatory reports of death; central abuse hotline.—
9 (6) Information in the central abuse hotline may not be
10 used for employment screening, except as provided in s.
11 39.202(2)(a) and (h) or s. 402.302(15). Information in the
12 central abuse hotline and the department’s automated abuse
13 information system may be used by the department, its authorized
14 agents or contract providers, the Department of Health, or
15 county agencies as part of the licensure or registration process
16 pursuant to ss. 402.301-402.319 and ss. 409.175-409.176.
17 Section 2. Paragraph (a) of subsection (2) of section
18 39.202, Florida Statutes, is amended to read:
19 39.202 Confidentiality of reports and records in cases of
20 child abuse or neglect.—
21 (2) Except as provided in subsection (4), access to such
22 records, excluding the name of the reporter which shall be
23 released only as provided in subsection (5), shall be granted
24 only to the following persons, officials, and agencies:
25 (a) Employees, authorized agents, or contract providers of
26 the department, the Department of Health, the Agency for Persons
27 with Disabilities, the Office of Early Learning, or county
28 agencies responsible for carrying out:
29 1. Child or adult protective investigations;
30 2. Ongoing child or adult protective services;
31 3. Early intervention and prevention services;
32 4. Healthy Start services;
33 5. Licensure or approval of adoptive homes, foster homes,
34 child care facilities, facilities licensed under chapter 393, or
35 family day care homes, or informal child care providers who
36 receive school readiness funding under part VI of chapter 1002,
37 or other homes used to provide for the care and welfare of
38 children; or
39 6. Services for victims of domestic violence when provided
40 by certified domestic violence centers working at the
41 department’s request as case consultants or with shared clients.
42
43 Also, employees or agents of the Department of Juvenile Justice
44 responsible for the provision of services to children, pursuant
45 to chapters 984 and 985.
46 Section 3. Subsections (2) and (3) of section 383.141,
47 Florida Statutes, are amended to read:
48 383.141 Prenatally diagnosed conditions; patient to be
49 provided information; definitions; information clearinghouse;
50 advisory council.—
51 (2) When a developmental disability is diagnosed based on
52 the results of a prenatal test, the health care provider who
53 ordered the prenatal test, or his or her designee, shall provide
54 the patient with current information about the nature of the
55 developmental disability, the accuracy of the prenatal test, and
56 resources for obtaining relevant support services, including
57 hotlines, resource centers, and information clearinghouses
58 related to Down syndrome or other prenatally diagnosed
59 developmental disabilities; support programs for parents and
60 families; and developmental evaluation and intervention services
61 under this part s. 391.303.
62 (3) The Department of Health shall develop and implement a
63 comprehensive information clearinghouse to educate health care
64 providers, inform parents, and increase public awareness
65 regarding brain development, developmental disabilities and
66 delays, and all services, resources, and interventions available
67 to mitigate the effects of impaired development among children.
68 The clearinghouse must use the term “unique abilities” as much
69 as possible when identifying infants or children with
70 developmental disabilities and delays. The clearinghouse must
71 provide:
72 (a) Health information on conditions that may lead to
73 impaired development of physical, learning, language, or
74 behavioral skills.
75 (b) Education and information to support parents whose
76 unborn children have been prenatally diagnosed with
77 developmental disabilities or whose children have diagnosed or
78 suspected developmental delays.
79 (c) Education and training for health care providers to
80 recognize and respond appropriately to developmental
81 disabilities, delays, and conditions related to disabilities or
82 delays. Specific information approved by the advisory council
83 shall be made available to health care providers for use in
84 counseling parents whose unborn children have been prenatally
85 diagnosed with developmental disabilities or whose children have
86 diagnosed or suspected developmental delays.
87 (d) Promotion of public awareness of availability of
88 supportive services, such as resource centers, educational
89 programs, other support programs for parents and families, and
90 developmental evaluation and intervention services.
91 (e) Hotlines specific to Down syndrome and other prenatally
92 diagnosed developmental disabilities. The hotlines and the
93 department’s clearinghouse must provide information to parents
94 and families or other caregivers regarding the Early Steps
95 Program under s. 391.301, the Florida Diagnostic and Learning
96 Resources System, the Early Learning program, Healthy Start,
97 Help Me Grow, and any other intervention programs. Information
98 offered must include directions on how to obtain early
99 intervention, rehabilitative, and habilitative services and
100 devices establish on its Internet website a clearinghouse of
101 information related to developmental disabilities concerning
102 providers of supportive services, information hotlines specific
103 to Down syndrome and other prenatally diagnosed developmental
104 disabilities, resource centers, educational programs, other
105 support programs for parents and families, and developmental
106 evaluation and intervention services under s. 391.303. Such
107 information shall be made available to health care providers for
108 use in counseling pregnant women whose unborn children have been
109 prenatally diagnosed with developmental disabilities.
110 (4)(a) There is established an advisory council within the
111 Department of Health which consists of health care providers and
112 caregivers who perform health care services for persons who have
113 developmental disabilities, including Down syndrome and autism.
114 This group shall consist of nine members as follows:
115 1. Three members appointed by the Governor;
116 2. Three members appointed by the President of the Senate;
117 and
118 3. Three members appointed by the Speaker of the House of
119 Representatives.
120 (b) The advisory council shall provide technical assistance
121 to the Department of Health in the establishment of the
122 information clearinghouse and give the department the benefit of
123 the council members’ knowledge and experience relating to the
124 needs of patients and families of patients with developmental
125 disabilities and available support services.
126 (c) Members of the council shall elect a chairperson and a
127 vice chairperson. The elected chairperson and vice chairperson
128 shall serve in these roles until their terms of appointment on
129 the council expire.
130 (d) The advisory council shall meet quarterly to review
131 this clearinghouse of information, and may meet more often at
132 the call of the chairperson or as determined by a majority of
133 members.
134 (e) The council members shall be appointed to 4-year terms,
135 except that, to provide for staggered terms, one initial
136 appointee each from the Governor, the President of the Senate,
137 and the Speaker of the House of Representatives shall be
138 appointed to a 2-year term, one appointee each from these
139 officials shall be appointed to a 3-year term, and the remaining
140 initial appointees shall be appointed to 4-year terms. All
141 subsequent appointments shall be for 4-year terms. A vacancy
142 shall be filled for the remainder of the unexpired term in the
143 same manner as the original appointment.
144 (f) Members of the council shall serve without
145 compensation. Meetings of the council may be held in person,
146 without reimbursement for travel expenses, or by teleconference
147 or other electronic means.
148 (g) The Department of Health shall provide administrative
149 support for the advisory council.
150 Section 4. Paragraph (c) of subsection (1) of section
151 391.025, Florida Statutes, is amended to read:
152 391.025 Applicability and scope.—
153 (1) The Children’s Medical Services program consists of the
154 following components:
155 (c) The developmental evaluation and intervention program,
156 including the Early Steps Florida Infants and Toddlers Early
157 Intervention Program.
158 Section 5. Subsection (19) is added to section 391.026,
159 Florida Statutes, to read:
160 391.026 Powers and duties of the department.—The department
161 shall have the following powers, duties, and responsibilities:
162 (19) To serve as the lead agency in administering the Early
163 Steps Program pursuant to part C of the federal Individuals with
164 Disabilities Education Act and part III of this chapter.
165 Section 6. Section 391.301, Florida Statutes, is amended to
166 read:
167 391.301 Early Steps Program; establishment and goals
168 Developmental evaluation and intervention programs; legislative
169 findings and intent.—
170 (1) The Early Steps Program is established within the
171 department to serve infants and toddlers who are at risk of
172 developmental disabilities based on a physical or mental
173 condition and infants and toddlers with developmental delays by
174 providing developmental evaluation and early intervention and by
175 providing families with training and support services in a
176 variety of home and community settings in order to enhance
177 family and caregiver competence, confidence, and capacity to
178 meet their child’s developmental needs and desired outcomes The
179 Legislature finds that the high-risk and disabled newborn
180 infants in this state need in-hospital and outpatient
181 developmental evaluation and intervention and that their
182 families need training and support services. The Legislature
183 further finds that there is an identifiable and increasing
184 number of infants who need developmental evaluation and
185 intervention and family support due to the fact that increased
186 numbers of low-birthweight and sick full-term newborn infants
187 are now surviving because of the advances in neonatal intensive
188 care medicine; increased numbers of medically involved infants
189 are remaining inappropriately in hospitals because their parents
190 lack the confidence or skills to care for these infants without
191 support; and increased numbers of infants are at risk due to
192 parent risk factors, such as substance abuse, teenage pregnancy,
193 and other high-risk conditions.
194 (2) The program may include screening and referral It is
195 the intent of the Legislature to establish developmental
196 evaluation and intervention services at all hospitals providing
197 Level II or Level III neonatal intensive care services, in order
198 to promptly identify newborns with disabilities or with
199 conditions associated with risks of developmental delays so that
200 families with high-risk or disabled infants may gain as early as
201 possible the services and skills they need to support their
202 infants’ development infants.
203 (3) The program must It is the intent of the Legislature
204 that a methodology be developed to integrate information and
205 coordinate services on infants with potentially disabling
206 conditions with other programs serving infants and toddlers
207 early intervention programs, including, but not limited to, Part
208 C of Pub. L. No. 105-17 and the Healthy Start program, the
209 newborn screening program, and the Blind Babies Program.
210 (4) The program must:
211 (a) Provide services to enhance the development of infants
212 and toddlers with disabilities and delays.
213 (b) Expand the recognition by health care providers,
214 families, and the public of the significant brain development
215 that occurs during a child’s first 3 years of life.
216 (c) Maintain the importance of the family in all areas of
217 the child’s development and support the family’s participation
218 in early intervention services and decisions affecting the
219 child.
220 (d) Operate a comprehensive, coordinated interagency system
221 of early intervention services and supports in accordance with
222 part C of the federal Individuals with Disabilities Education
223 Act.
224 (e) Ensure timely evaluation, individual planning, and
225 early intervention services necessary to meet the unique needs
226 of eligible infants and toddlers.
227 (f) Build the service capacity and enhance the competencies
228 of health care providers serving infants and toddlers with
229 unique needs and abilities.
230 (g) Ensure programmatic and fiscal accountability through
231 establishment of a high-capacity data system, active monitoring
232 of performance indicators, and ongoing quality improvement.
233 Section 7. Section 391.302, Florida Statutes, is amended to
234 read:
235 391.302 Definitions.—As used in ss. 391.301-391.308 ss.
236 391.301-391.307, the term:
237 (1) “Developmental delay” means a condition, identified and
238 measured through appropriate instruments and procedures, which
239 may delay physical, cognitive, communication, social or
240 emotional, or adaptive development.
241 (2) “Developmental disability” means a condition,
242 identified and measured through appropriate instruments and
243 procedures, which may impair physical, cognitive, communication,
244 social or emotional, or adaptive development.
245 (3) “Developmental intervention” or “early intervention”
246 means individual and group individualized therapies and services
247 needed to enhance both the infant’s or toddler’s growth and
248 development and family functioning. The term includes
249 habilitative services and assistive technology devices,
250 rehabilitative services and assistive technology devices, and
251 parent support and training.
252 (4) “Habilitative services and devices” means health care
253 services and assistive technology devices that help a child
254 maintain, learn, or improve skills and functioning for daily
255 living.
256 (5)(2) “Infant or toddler” or “child” means a child from
257 birth until the child’s third birthday.
258 (6) “Local program office” means an office that administers
259 the Early Steps Program within a municipality, county, or
260 region.
261 (7) “Rehabilitative services and devices” means restorative
262 and remedial services that maintain or enhance the current level
263 of functioning of a child if there is a possibility of
264 improvement or reversal of impairment.
265 (3) “In-hospital intervention services” means the provision
266 of assessments; the provision of individualized services;
267 monitoring and modifying the delivery of medical interventions;
268 and enhancing the environment for the high-risk, developmentally
269 disabled, or medically involved infant or toddler in order to
270 achieve optimum growth and development.
271 (4) “Parent support and training” means a range of services
272 to families of high-risk, developmentally disabled, or medically
273 involved infants or toddlers, including family counseling;
274 financial planning; agency referral; development of parent-to
275 parent support groups; education concerning growth, development,
276 and developmental intervention and objective measurable skills,
277 including abuse avoidance skills; training of parents to
278 advocate for their child; and bereavement counseling.
279 Section 8. Sections 391.303, 391.304, 391.305, 391.306, and
280 391.307, Florida Statutes, are repealed.
281 Section 9. Section 391.308, Florida Statutes, is amended to
282 read:
283 391.308 Early Steps Infants and Toddlers Early Intervention
284 Program.—The department shall Department of Health may implement
285 and administer part C of the federal Individuals with
286 Disabilities Education Act (IDEA), which shall be known as the
287 “Early Steps “Florida Infants and Toddlers Early Intervention
288 Program.”
289 (1) PERFORMANCE STANDARDS.—The department shall ensure that
290 the Early Steps Program complies with the following performance
291 standards:
292 (a) The program must provide services from referral through
293 transition in a family-centered manner that recognizes and
294 responds to unique circumstances and needs of infants and
295 toddlers and their families as measured by a variety of
296 qualitative data, including satisfaction surveys, interviews,
297 focus groups, and input from stakeholders.
298 (b) The program must provide individualized family support
299 plans that are understandable and usable by families, health
300 care providers, and payers and that identify the current level
301 of functioning of the infant or toddler, family supports and
302 resources, expected outcomes, and specific early intervention
303 services needed to achieve the expected outcomes, as measured by
304 periodic system independent evaluation.
305 (c) The program must help each family to use available
306 resources in a way that maximizes the child’s access to services
307 necessary to achieve the outcomes of the individualized family
308 support plan, as measured by family feedback and by independent
309 assessments of services used by each child.
310 (d) The program must offer families access to quality
311 services that effectively enable infants and toddlers with
312 developmental disabilities and developmental delays to achieve
313 optimal functional levels as measured by an independent
314 evaluation of outcome indicators in social or emotional skills,
315 communication, and adaptive behaviors.
316 (2) DUTIES OF THE DEPARTMENT.—The department shall:,
317 (a) Jointly with the Department of Education, shall
318 Annually prepare a grant application to the United States
319 Department of Education for funding early intervention services
320 for infants and toddlers with disabilities, from birth through
321 36 months of age, and their families pursuant to part C of the
322 federal Individuals with Disabilities Education Act.
323 (b)(2) The department, Jointly with the Department of
324 Education, provide shall include a reading initiative as an
325 early intervention service for infants and toddlers.
326 (c) Annually develop a state plan for the Early Steps
327 Program.
328 1. The plan must assess the need for early intervention
329 services, evaluate the extent of the statewide need that is met
330 by the program, identify barriers to fully meeting the need, and
331 recommend specific action steps to improve program performance.
332 2. The plan must be developed through an inclusive process
333 that involves families, local program offices, health care
334 providers, and other stakeholders.
335 (d) Ensure local program offices educate hospitals that
336 provide Level II and Level III neonatal intensive care services
337 about the Early Steps Program and the referral process for the
338 provision of developmental evaluation and intervention services.
339 (e) Establish standards and qualifications for
340 developmental evaluation and early intervention service
341 providers, including standards for determining the adequacy of
342 provider networks in each local program office service area.
343 (f) Establish statewide uniform protocols and procedures to
344 determine eligibility for developmental evaluation and early
345 intervention services.
346 (g) Establish a consistent, statewide format and procedure
347 for preparing and completing an individualized family support
348 plan.
349 (h) Promote interagency cooperation and coordination, with
350 the Medicaid program, the Department of Education program
351 pursuant to part B of the federal Individuals with Disabilities
352 Education Act, and programs providing child screening such as
353 the Florida Diagnostic and Learning Resources System, the Office
354 of Early Learning, Healthy Start, and the Help Me Grow program.
355 1. Coordination with the Medicaid program shall be
356 developed and maintained through written agreements with the
357 Agency for Health Care Administration and Medicaid managed care
358 organizations as well as through active and ongoing
359 communication with these organizations. The department shall
360 assist local program offices to negotiate agreements with
361 Medicaid managed care organizations in the service areas of the
362 local program offices. Such agreements may be formal or
363 informal.
364 2. Coordination with education programs pursuant to part B
365 of the federal Individuals with Disabilities Education Act shall
366 be developed and maintained through written agreements with the
367 Department of Education. The department shall assist local
368 program offices to negotiate agreements with school districts in
369 the service areas of the local program offices.
370 (i) Develop and disseminate the knowledge and methods
371 necessary to effectively coordinate benefits among various payer
372 types.
373 (j) Provide a mediation process and if necessary, an
374 appeals process for applicants found ineligible for
375 developmental evaluation or early intervention services or
376 denied financial support for such services.
377 (k) Competitively procure local program offices to provide
378 services throughout the state in accordance with chapter 287.
379 The department shall specify the requirements and qualifications
380 for local program offices in the procurement document.
381 (l) Establish performance standards and other metrics for
382 evaluation of local program offices, including standards for
383 measuring timeliness of services, outcomes of early intervention
384 services, and administrative efficiency. Performance standards
385 and metrics shall be developed in consultation with local
386 program offices.
387 (m) Provide technical assistance to the local program
388 offices.
389 (3) ELIGIBILITY.—The department shall apply the following
390 eligibility criteria if specific funding is provided, and the
391 associated applicable eligibility criteria are identified, in
392 the General Appropriations Act:
393 (a) Infants and toddlers are eligible for an evaluation to
394 determine the presence of a developmental disability or the risk
395 of a developmental delay based on a physical or medical
396 condition.
397 (b) Infants and toddlers determined to have a developmental
398 delay based on informed clinical opinion and an evaluation using
399 a standard evaluation instrument which results in a score that
400 is 1.5 standard deviations from the mean in two or more of the
401 following domains: physical, cognitive, communication, social or
402 emotional, and adaptive.
403 (c) Infants and toddlers determined to have a developmental
404 delay based on informed clinical opinion and an evaluation using
405 a standard evaluation instrument which results in a score that
406 is 2.0 standard deviations from the mean in one of the following
407 domains: physical, cognitive, communication, social or
408 emotional, and adaptive.
409 (d) Infants and toddlers determined to have a developmental
410 delay based on informed clinical opinion and an evaluation using
411 a standard evaluation instrument which results in a score that
412 is 1.5 standard deviations from the mean in one or more of the
413 following domains: physical, cognitive, communication, social or
414 emotional, and adaptive.
415 (e) Infants and toddlers determined to have a developmental
416 delay based on informed clinical opinion.
417 (f) Infants and toddlers at risk of developmental delay
418 based on an established condition known to result in
419 developmental delay, or a physical or mental condition known to
420 create a risk of developmental delay.
421 (4) DUTIES OF THE LOCAL PROGRAM OFFICES.—A local program
422 office shall:
423 (a) Evaluate a child to determine eligibility within 45
424 calendar days after the child is referred to the program.
425 (b) Notify the parent or legal guardian of his or her
426 child’s eligibility status initially and at least annually
427 thereafter. If a child is determined not to be eligible, the
428 local program office must provide the parent or legal guardian
429 with written information on the right to an appeal and the
430 process for making such an appeal.
431 (c) Secure and maintain interagency agreements or contracts
432 with local school districts in a local service area.
433 (d) Provide services directly or procure services from
434 health care providers that meet or exceed the minimum
435 qualifications established for service providers. The local
436 program office must become a Medicaid provider if it provides
437 services directly.
438 (e) Provide directly or procure services that are, to the
439 extent possible, delivered in a child’s natural environment,
440 such as in the child’s home or community setting. The inability
441 to provide services in the natural environment is not a
442 sufficient reason to deny services.
443 (f) Develop an individualized family support plan for each
444 child served. The plan must:
445 1. Be completed within 45 calendar days after the child is
446 referred to the program;
447 2. Be developed in conjunction with the child’s parent or
448 legal guardian who provides written consent for the services
449 included in the plan;
450 3. Be reviewed at least every 6 months with the parent or
451 legal guardian and updated if needed; and
452 4. Include steps to transition to school or other future
453 services by the child’s third birthday.
454 (g) Assess the progress of the child and his or her family
455 in meeting the goals of the individualized family support plan.
456 (h) For each service required by the individualized family
457 support plan, refer the child to an appropriate service provider
458 or work with Medicaid managed care organizations or private
459 insurers to secure the needed services.
460 (i) Provide service coordination, including contacting the
461 appropriate service provider to determine whether the provider
462 can timely deliver the service, providing the parent or legal
463 guardian with the name and contact information of the service
464 provider and the date and location of the service of any
465 appointment made on behalf of the child, and contacting the
466 parent or legal guardian after the service is provided to ensure
467 that the service is timely delivered and to determine whether
468 the family requests additional services.
469 (j) Negotiate and maintain agreements with Medicaid
470 providers and Medicaid managed care organizations in its area.
471 1. With the parent’s or legal guardian’s permission, the
472 services in the child’s approved individualized family support
473 plan shall be communicated to the Medicaid managed care
474 organization. Services that cannot be funded by Medicaid must be
475 specifically identified and explained to the family.
476 2. The agreement between the local program office and
477 Medicaid managed care organizations must establish methods of
478 communication and procedures for the timely approval of services
479 covered by Medicaid.
480 (k) Develop agreements and arrangements with private
481 insurers in order to coordinate benefits and services for any
482 mutual enrollee.
483 1. The child’s approved individualized family support plan
484 may be communicated to the child’s insurer with the parent’s or
485 legal guardian’s permission.
486 2. The local program office and private insurers shall
487 establish methods of communication and procedures for the timely
488 approval of services covered by the child’s insurer, if
489 appropriate and approved by the child’s parent or legal
490 guardian.
491 (l) Provide to the department data necessary for an
492 evaluation of the local program office performance.
493 (5) ACCOUNTABILITY REPORTING.—By December 1 of each year,
494 the department shall prepare and submit a report that assesses
495 the performance of the Early Steps Program to the Governor, the
496 President of the Senate, the Speaker of the House of
497 Representatives, and the Florida Interagency Coordinating
498 Council for Infants and Toddlers. The department must address
499 the performance standards in subsection (1) and report actual
500 performance compared to the standards for the prior fiscal year.
501 The data used to compile the report must be submitted by each
502 local program office in the state. The department shall report
503 on all of the following measures:
504 (a) Number and percentage of infants and toddlers served
505 with an individualized family support plan.
506 (b) Number and percentage of infants and toddlers
507 demonstrating improved social or emotional skills after the
508 program.
509 (c) Number and percentage of infants and toddlers
510 demonstrating improved use of knowledge and cognitive skills
511 after the program.
512 (d) Number and percentage of families reporting positive
513 outcomes in their infant’s and toddler’s development as a result
514 of early intervention services.
515 (e) Progress toward meeting the goals of individualized
516 family support plans.
517 (f) Any additional measures established by the department.
518 (6) STATE INTERAGENCY COORDINATING COUNCIL.—The Florida
519 Interagency Coordinating Council for Infants and Toddlers shall
520 serve as the state interagency coordinating council required by
521 34 C.F.R. s. 303.600. The council shall be housed for
522 administrative purposes in the department, and the department
523 shall provide administrative support to the council.
524 (7) TRANSITION TO EDUCATION.—
525 (a) At least 90 days before a child reaches 3 years of age,
526 the local program office shall initiate transition planning to
527 ensure the child’s successful transition from the Early Steps
528 Program to a school district program for children with
529 disabilities or to another program as part of an individual
530 family support plan.
531 (b) At least 90 days before a child reaches 3 years of age,
532 the local program office shall:
533 1. Notify the local school district in which the child
534 resides and the Department of Education that the child may be
535 eligible for special education or related services as determined
536 by the local school district pursuant to ss. 1003.21 and
537 1003.57, unless the child’s parent or legal guardian has opted
538 out of such notification; and
539 2. Upon approval by the child’s parent or legal guardian,
540 convene a transition conference that includes participation of a
541 local school district representative and the parent or legal
542 guardian to discuss options for and availability of services.
543 (c) The local school district shall evaluate and determine
544 a child’s eligibility to receive special education or related
545 services pursuant to part B of the federal Individuals with
546 Disabilities Education Act and ss. 1003.21 and 1003.57.
547 (d) The local program office, in conjunction with the local
548 school district, shall modify a child’s individual family
549 support plan or, if applicable, the local school district shall
550 develop an individual education plan for the child pursuant to
551 ss. 1003.57, 1003.571, and 1003.5715, which identifies special
552 education or related services that the child will receive and
553 the providers or agencies that will provide such services.
554 (e) If a child is determined to be ineligible for school
555 district program services, the local program office and the
556 local school district shall provide the child’s parent or legal
557 guardian with written information on other available services or
558 community resources.
559 (f) The local program office shall negotiate and maintain
560 an interagency agreement with each local school district in its
561 service area pursuant to the Individuals with Disabilities
562 Education Act, 20 U.S.C. s. 1435(a)(10)(F). Each interagency
563 agreement must be reviewed at least annually and updated upon
564 review, if needed.
565 Section 10. Subsection (15) of section 402.302, Florida
566 Statutes, is amended to read:
567 402.302 Definitions.—As used in this chapter, the term:
568 (15) “Screening” means the act of assessing the background
569 of child care personnel, in accordance with state and federal
570 law, and volunteers and includes, but is not limited to:,
571 (a) Employment history checks, including documented
572 attempts to contact each employer that employed the applicant
573 within the preceding 5 years and documentation of the findings.
574 (b) A search of the criminal history records, sexual
575 predator and sexual offender registry, and child abuse and
576 neglect registry of any state in which the applicant resided
577 during the preceding 5 years.
578
579 An applicant must submit a full set of fingerprints to the
580 department or to a vendor, entity, or agency authorized by s.
581 943.053(13). The department, vendor, entity, or agency shall
582 forward the fingerprints to local criminal records checks
583 through local law enforcement agencies, fingerprinting for all
584 purposes and checks in this subsection, statewide criminal
585 records checks through the Department of Law Enforcement for
586 state processing, and the Department of Law Enforcement shall
587 forward the fingerprints to federal criminal records checks
588 through the Federal Bureau of Investigation for national
589 processing. Fingerprint submission must comply with s. 435.12.
590 Section 11. Section 402.3057, Florida Statutes, is
591 repealed.
592 Section 12. Subsection (3) of section 402.306, Florida
593 Statutes, is amended to read:
594 402.306 Designation of licensing agency; dissemination by
595 the department and local licensing agency of information on
596 child care.—
597 (3) The department and local licensing agencies, or the
598 designees thereof, shall be responsible for coordination and
599 dissemination of information on child care to the community and
600 shall make available through electronic means upon request all
601 licensing standards and procedures, health and safety standards
602 for school readiness providers, monitoring and inspection
603 reports, and in addition to the names and addresses of licensed
604 child care facilities, school readiness program providers, and,
605 where applicable pursuant to s. 402.313, licensed or registered
606 family day care homes. This information shall also include the
607 number of deaths, serious injuries, and instances of
608 substantiated child abuse that have occurred in child care
609 settings each year; research and best practices in child
610 development; and resources regarding social-emotional
611 development, parent and family engagement, healthy eating, and
612 physical activity.
613 Section 13. Section 402.311, Florida Statutes, is amended
614 to read:
615 402.311 Inspection.—
616 (1) A licensed child care facility shall accord to the
617 department or the local licensing agency, whichever is
618 applicable, the privilege of inspection, including access to
619 facilities and personnel and to those records required in s.
620 402.305, at reasonable times during regular business hours, to
621 ensure compliance with the provisions of ss. 402.301-402.319.
622 The right of entry and inspection shall also extend to any
623 premises which the department or local licensing agency has
624 reason to believe are being operated or maintained as a child
625 care facility without a license, but no such entry or inspection
626 of any premises shall be made without the permission of the
627 person in charge thereof unless a warrant is first obtained from
628 the circuit court authorizing such entry or inspection same. Any
629 application for a license or renewal made pursuant to this act
630 or the advertisement to the public for the provision of child
631 care as defined in s. 402.302 shall constitute permission for
632 any entry or inspection of the premises for which the license is
633 sought in order to facilitate verification of the information
634 submitted on or in connection with the application. In the event
635 a licensed facility refuses permission for entry or inspection
636 to the department or local licensing agency, a warrant shall be
637 obtained from the circuit court authorizing entry or inspection
638 before same prior to such entry or inspection. The department or
639 local licensing agency may institute disciplinary proceedings
640 pursuant to s. 402.310, for such refusal.
641 (2) A school readiness program provider shall accord to the
642 department or the local licensing agency, whichever is
643 applicable, the privilege of inspection, including access to
644 facilities, personnel, and records, to verify compliance with
645 the requirements of s. 1002.88. Entry, inspection, and issuance
646 of an inspection report by the department or the local licensing
647 agency to verify compliance with the requirements of s. 1002.88
648 is an exercise of a discretionary power to enforce compliance
649 with the laws duly enacted by a governmental body.
650 (3) The department’s issuance, transmittal, or publication
651 of an inspection report resulting from an inspection under this
652 section does not constitute agency action subject to chapter
653 120.
654 Section 14. Subsection (3) is added to section 402.319,
655 Florida Statutes, to read:
656 402.319 Penalties.—
657 (3) Each child care facility, family day care home, and
658 large family child care home shall annually submit an affidavit
659 of compliance with s. 39.201.
660 Section 15. Paragraph (c) is added to subsection (4) of
661 section 435.07, Florida Statutes, to read:
662 435.07 Exemptions from disqualification.—Unless otherwise
663 provided by law, the provisions of this section apply to
664 exemptions from disqualification for disqualifying offenses
665 revealed pursuant to background screenings required under this
666 chapter, regardless of whether those disqualifying offenses are
667 listed in this chapter or other laws.
668 (4)
669 (c) Disqualification from employment under this chapter may
670 not be removed from, and an exemption may not be granted to, any
671 current or prospective child care personnel of a provider
672 receiving school readiness funding under part VI of chapter
673 1002, and such a person is disqualified from employment as child
674 care personnel with such providers, regardless of any prior
675 exemptions from disqualification, if the person has been
676 registered as a sex offender as described in 42 U.S.C. s.
677 9858f(c)(1)(C) or has been arrested for and is awaiting final
678 disposition of, has been convicted or found guilty of, or
679 entered a plea of guilty or nolo contendere to, regardless of
680 adjudication, or has been adjudicated delinquent and the record
681 has not been sealed or expunged for, any offense prohibited
682 under any of the following provisions of state law or a similar
683 law of another jurisdiction:
684 1. A felony offense prohibited under any of the following
685 statutes:
686 a. Chapter 741, relating to domestic violence.
687 b. Section 782.04, relating to murder.
688 c. Section 782.07, relating to manslaughter, aggravated
689 manslaughter of an elderly person or disabled adult, aggravated
690 manslaughter of a child, or aggravated manslaughter of an
691 officer, a firefighter, an emergency medical technician, or a
692 paramedic.
693 d. Section 784.021, relating to aggravated assault.
694 e. Section 784.045, relating to aggravated battery.
695 f. Section 787.01, relating to kidnapping.
696 g. Section 787.025, relating to luring or enticing a child.
697 h. Section 787.04(2), relating to leading, taking,
698 enticing, or removing a minor beyond the state limits, or
699 concealing the location of a minor, with criminal intent pending
700 custody proceedings.
701 i. Section 787.04(3), relating to leading, taking,
702 enticing, or removing a minor beyond the state limits, or
703 concealing the location of a minor, with criminal intent pending
704 dependency proceedings or proceedings concerning alleged abuse
705 or neglect of a minor.
706 j. Section 794.011, relating to sexual battery.
707 k. Former s. 794.041, relating to sexual activity with or
708 solicitation of a child by a person in familial or custodial
709 authority.
710 l. Section 794.05, relating to unlawful sexual activity
711 with certain minors.
712 m. Section 794.08, relating to female genital mutilation.
713 n. Section 806.01, relating to arson.
714 o. Section 826.04, relating to incest.
715 p. Section 827.03, relating to child abuse, aggravated
716 child abuse, or neglect of a child.
717 q. Section 827.04, relating to contributing to the
718 delinquency or dependency of a child.
719 r. Section 827.071, relating to sexual performance by a
720 child.
721 s. Chapter 847, relating to child pornography.
722 t. Section 985.701, relating to sexual misconduct in
723 juvenile justice programs.
724 2. A misdemeanor offense prohibited under any of the
725 following statutes:
726 a. Section 784.03, relating to battery, if the victim of
727 the offense was a minor.
728 b. Section 787.025, relating to luring or enticing a child.
729 c. Chapter 847, relating to child pornography.
730 3. A criminal act committed in another state or under
731 federal law which, if committed in this state, constitutes an
732 offense prohibited under any statute listed in subparagraph 1.
733 or subparagraph 2.
734 Section 16. Paragraph (i) of subsection (2) of section
735 1002.82, Florida Statutes, is amended, and paragraphs (s)
736 through (x) are added to that subsection, to read:
737 1002.82 Office of Early Learning; powers and duties.—
738 (2) The office shall:
739 (i) Enter into a memorandum of understanding with local
740 licensing agencies and Develop, in coordination with the Child
741 Care Services Program Office of the Department of Children and
742 Families for inspections of school readiness program providers
743 to monitor and verify compliance with s. 1002.88 and the health
744 and safety checklist adopted by the office. The provider
745 contract of a school readiness program provider that refuses
746 permission for entry or inspection shall be terminated. The, and
747 adopt a health and safety checklist may to be completed by
748 license-exempt providers that does not exceed the requirements
749 of s. 402.305 and the Child Care and Development Fund pursuant
750 to 45 C.F.R. part 98.
751 (s) Develop and implement strategies to increase the supply
752 and improve the quality of child care services for infants and
753 toddlers, children with disabilities, children who receive care
754 during nontraditional hours, children in underserved areas, and
755 children in areas that have significant concentrations of
756 poverty and unemployment.
757 (t) Establish preservice and inservice training
758 requirements that address, at a minimum, school readiness child
759 development standards, health and safety requirements, and
760 social-emotional behavior intervention models, which may include
761 positive behavior intervention and support models.
762 (u) Establish standards for emergency preparedness plans
763 for school readiness program providers.
764 (v) Establish group sizes.
765 (w) Establish staff-to-children ratios that do not exceed
766 the requirements of s. 402.302(8) or (11) or s. 402.305(4), as
767 applicable, for school readiness program providers.
768 (x) Establish eligibility criteria, including limitations
769 based on income and family assets, in accordance with s. 1002.87
770 and federal law.
771 Section 17. Subsections (7) and (8) of section 1002.84,
772 Florida Statutes, are amended to read:
773 1002.84 Early learning coalitions; school readiness powers
774 and duties.—Each early learning coalition shall:
775 (7) Determine child eligibility pursuant to s. 1002.87 and
776 provider eligibility pursuant to s. 1002.88. At a minimum, Child
777 eligibility must be redetermined annually. Redetermination must
778 also be conducted twice per year for an additional 50 percent of
779 a coalition’s enrollment through a statistically valid random
780 sampling. A coalition must document the reason why a child is no
781 longer eligible for the school readiness program according to
782 the standard codes prescribed by the office.
783 (8) Establish a parent sliding fee scale that provides for
784 requires a parent copayment that is not a barrier to families
785 receiving to participate in the school readiness program
786 services. Providers are required to collect the parent’s
787 copayment. A coalition may, on a case-by-case basis, waive the
788 copayment for an at-risk child or temporarily waive the
789 copayment for a child whose family’s income is at or below the
790 federal poverty level and whose family experiences a natural
791 disaster or an event that limits the parent’s ability to pay,
792 such as incarceration, placement in residential treatment, or
793 becoming homeless, or an emergency situation such as a household
794 fire or burglary, or while the parent is participating in
795 parenting classes. A parent may not transfer school readiness
796 program services to another school readiness program provider
797 until the parent has submitted documentation from the current
798 school readiness program provider to the early learning
799 coalition stating that the parent has satisfactorily fulfilled
800 the copayment obligation.
801 Section 18. Subsections (1), (4), (5), and (6) of section
802 1002.87, Florida Statutes, are amended to read:
803 1002.87 School readiness program; eligibility and
804 enrollment.—
805 (1) Effective August 1, 2013, or upon reevaluation of
806 eligibility for children currently served, whichever is later,
807 Each early learning coalition shall give priority for
808 participation in the school readiness program as follows:
809 (a) Priority shall be given first to a child younger than
810 13 years of age from a family that includes a parent who is
811 receiving temporary cash assistance under chapter 414 and
812 subject to the federal work requirements.
813 (b) Priority shall be given next to an at-risk child
814 younger than 9 years of age.
815 (c) Priority shall be given next to a child from birth to
816 the beginning of the school year for which the child is eligible
817 for admission to kindergarten in a public school under s.
818 1003.21(1)(a)2. who is from a working family that is
819 economically disadvantaged, and may include such child’s
820 eligible siblings, beginning with the school year in which the
821 sibling is eligible for admission to kindergarten in a public
822 school under s. 1003.21(1)(a)2. until the beginning of the
823 school year in which the sibling is eligible to begin 6th grade,
824 provided that the first priority for funding an eligible sibling
825 is local revenues available to the coalition for funding direct
826 services. However, a child eligible under this paragraph ceases
827 to be eligible if his or her family income exceeds 200 percent
828 of the federal poverty level.
829 (d) Priority shall be given next to a child of a parent who
830 transitions from the work program into employment as described
831 in s. 445.032 from birth to the beginning of the school year for
832 which the child is eligible for admission to kindergarten in a
833 public school under s. 1003.21(1)(a)2.
834 (e) Priority shall be given next to an at-risk child who is
835 at least 9 years of age but younger than 13 years of age. An at
836 risk child whose sibling is enrolled in the school readiness
837 program within an eligibility priority category listed in
838 paragraphs (a)-(c) shall be given priority over other children
839 who are eligible under this paragraph.
840 (f) Priority shall be given next to a child who is younger
841 than 13 years of age from a working family that is economically
842 disadvantaged. A child who is eligible under this paragraph
843 whose sibling is enrolled in the school readiness program under
844 paragraph (c) shall be given priority over other children who
845 are eligible under this paragraph. However, a child eligible
846 under this paragraph ceases to be eligible if his or her family
847 income exceeds 200 percent of the federal poverty level.
848 (g) Priority shall be given next to a child of a parent who
849 transitions from the work program into employment as described
850 in s. 445.032 who is younger than 13 years of age.
851 (h) Priority shall be given next to a child who has special
852 needs, has been determined eligible as a student with a
853 disability, has a current individual education plan with a
854 Florida school district, and is not younger than 3 years of age.
855 A special needs child eligible under this paragraph remains
856 eligible until the child is eligible for admission to
857 kindergarten in a public school under s. 1003.21(1)(a)2.
858 (i) Notwithstanding paragraphs (a)-(d), priority shall be
859 given last to a child who otherwise meets one of the eligibility
860 criteria in paragraphs (a)-(d) but who is also enrolled
861 concurrently in the federal Head Start Program and the Voluntary
862 Prekindergarten Education Program.
863 (4) The parent of a child enrolled in the school readiness
864 program must notify the coalition or its designee within 10 days
865 after any change in employment status, income, or family size or
866 failure to maintain attendance at a job training or educational
867 program in accordance with program requirements. Upon
868 notification by the parent, the child’s eligibility must be
869 reevaluated.
870 (5) A child whose eligibility priority category requires
871 the child to be from a working family ceases to be eligible for
872 the school readiness program if a parent with whom the child
873 resides does not reestablish employment or resume attendance at
874 a job training or educational program within 90 60 days after
875 becoming unemployed or ceasing to attend a job training or
876 educational program.
877 (6) Eligibility for each child must be reevaluated
878 annually. Upon reevaluation, a child may not continue to receive
879 school readiness program services if he or she has ceased to be
880 eligible under this section. A child who is ineligible due to a
881 parent’s job loss or cessation of education or job training
882 shall continue to receive school readiness program services for
883 at least 3 months to enable the parent to obtain employment.
884 Section 19. Paragraphs (c), (d), and (e) of subsection (1)
885 of section 1002.88, Florida Statutes, are amended to read:
886 1002.88 School readiness program provider standards;
887 eligibility to deliver the school readiness program.—
888 (1) To be eligible to deliver the school readiness program,
889 a school readiness program provider must:
890 (c) Provide basic health and safety of its premises and
891 facilities and compliance with requirements for age-appropriate
892 immunizations of children enrolled in the school readiness
893 program.
894 1. For a provider that is licensed child care facility, a
895 large family child care home, or a licensed family day care
896 home, compliance with s. 402.305, s. 402.3131, or s. 402.313 and
897 this subsection, as verified pursuant to s. 402.311, satisfies
898 this requirement.
899 2. For a provider that is a registered family day care home
900 or is not subject to licensure or registration by the Department
901 of Children and Families, compliance with this subsection, as
902 verified pursuant to s. 402.311, satisfies this requirement.
903 Upon verification pursuant to s. 402.311, the provider For a
904 public or nonpublic school, compliance with s. 402.3025 or s.
905 1003.22 satisfies this requirement. A faith-based child care
906 provider, an informal child care provider, or a nonpublic
907 school, exempt from licensure under s. 402.316 or s. 402.3025,
908 shall annually post complete the health and safety checklist
909 adopted by the office, post the checklist prominently on its
910 premises in plain sight for visitors and parents, and shall
911 annually submit the checklist it annually to its local early
912 learning coalition.
913 (d) Provide an appropriate group size and staff-to-children
914 ratio, pursuant to s. 402.305(4) or s. 402.302(8) or (11), as
915 applicable, and as verified pursuant to s. 402.311.
916 (e) Employ child care personnel, as defined in s.
917 402.302(3), who have satisfied the screening requirements of
918 chapter 402 and fulfilled the training requirements of the
919 office Provide a healthy and safe environment pursuant to s.
920 402.305(5), (6), and (7), as applicable, and as verified
921 pursuant to s. 402.311.
922 Section 20. Subsections (6) and (7) of section 1002.89,
923 Florida Statutes, are amended to read:
924 1002.89 School readiness program; funding.—
925 (6) Costs shall be kept to the minimum necessary for the
926 efficient and effective administration of the school readiness
927 program with the highest priority of expenditure being direct
928 services for eligible children. However, no more than 5 percent
929 of the funds described in subsection (5) may be used for
930 administrative costs and no more than 22 percent of the funds
931 described in subsection (5) may be used in any fiscal year for
932 any combination of administrative costs, quality activities, and
933 nondirect services as follows:
934 (a) Administrative costs as described in 45 C.F.R. s.
935 98.52, which shall include monitoring providers using the
936 standard methodology adopted under s. 1002.82 to improve
937 compliance with state and federal regulations and law pursuant
938 to the requirements of the statewide provider contract adopted
939 under s. 1002.82(2)(m).
940 (b) Activities to improve the quality of child care as
941 described in 45 C.F.R. s. 98.51, which shall be limited to the
942 following:
943 1. Developing, establishing, expanding, operating, and
944 coordinating resource and referral programs specifically related
945 to the provision of comprehensive consumer education to parents
946 and the public to promote informed child care choices specified
947 in 45 C.F.R. s. 98.33 regarding participation in the school
948 readiness program and parental choice.
949 2. Awarding grants and providing financial support to
950 school readiness program providers and their staff to assist
951 them in meeting applicable state requirements for child care
952 performance standards, implementing developmentally appropriate
953 curricula and related classroom resources that support
954 curricula, providing literacy supports, and providing continued
955 professional development and training. Any grants awarded
956 pursuant to this subparagraph shall comply with the requirements
957 of ss. 215.971 and 287.058.
958 3. Providing training, and technical assistance, and
959 financial support to for school readiness program providers,
960 staff, and parents on standards, child screenings, child
961 assessments, child development research and best practices,
962 developmentally appropriate curricula, character development,
963 teacher-child interactions, age-appropriate discipline
964 practices, health and safety, nutrition, first aid,
965 cardiopulmonary resuscitation, the recognition of communicable
966 diseases, and child abuse detection, and prevention, and
967 reporting.
968 4. Providing, from among the funds provided for the
969 activities described in subparagraphs 1.-3., adequate funding
970 for infants and toddlers as necessary to meet federal
971 requirements related to expenditures for quality activities for
972 infant and toddler care.
973 5. Improving the monitoring of compliance with, and
974 enforcement of, applicable state and local requirements as
975 described in and limited by 45 C.F.R. s. 98.40.
976 6. Responding to Warm-Line requests by providers and
977 parents related to school readiness program children, including
978 providing developmental and health screenings to school
979 readiness program children.
980 (c) Nondirect services as described in applicable Office of
981 Management and Budget instructions are those services not
982 defined as administrative, direct, or quality services that are
983 required to administer the school readiness program. Such
984 services include, but are not limited to:
985 1. Assisting families to complete the required application
986 and eligibility documentation.
987 2. Determining child and family eligibility.
988 3. Recruiting eligible child care providers.
989 4. Processing and tracking attendance records.
990 5. Developing and maintaining a statewide child care
991 information system.
992
993 As used in this paragraph, the term “nondirect services” does
994 not include payments to school readiness program providers for
995 direct services provided to children who are eligible under s.
996 1002.87, administrative costs as described in paragraph (a), or
997 quality activities as described in paragraph (b).
998 (7) Funds appropriated for the school readiness program may
999 not be expended for the purchase or improvement of land; for the
1000 purchase, construction, or permanent improvement of any building
1001 or facility; or for the purchase of buses. However, funds may be
1002 expended for minor remodeling and upgrading of child care
1003 facilities which is necessary for the administration of the
1004 program and to ensure that providers meet state and local child
1005 care standards, including applicable health and safety
1006 requirements.
1007 Section 21. Paragraph (c) of subsection (2) of section
1008 402.3025, Florida Statutes, is amended to read:
1009 402.3025 Public and nonpublic schools.—For the purposes of
1010 ss. 402.301-402.319, the following shall apply:
1011 (2) NONPUBLIC SCHOOLS.—
1012 (c) Programs for children who are at least 3 years of age,
1013 but under 5 years of age, shall not be deemed to be child care
1014 and shall not be subject to the provisions of ss. 402.301
1015 402.319 relating to child care facilities, provided the programs
1016 in the schools are operated and staffed directly by the schools,
1017 provided a majority of the children enrolled in the schools are
1018 5 years of age or older, and provided there is compliance with
1019 the screening requirements for personnel pursuant to s. 402.305
1020 or s. 402.3057. A nonpublic school may designate certain
1021 programs as child care, in which case these programs shall be
1022 subject to the provisions of ss. 402.301-402.319.
1023 Section 22. Subsections (1) and (2) of section 413.092,
1024 Florida Statutes, are amended to read:
1025 413.092 Blind Babies Program.—
1026 (1) The Blind Babies Program is created within the Division
1027 of Blind Services of the Department of Education to provide
1028 community-based early-intervention education to children from
1029 birth through 5 years of age who are blind or visually impaired,
1030 and to their parents, families, and caregivers, through
1031 community-based provider organizations. The division shall
1032 enlist parents, ophthalmologists, pediatricians, schools, the
1033 Early Steps Program Infant and Toddlers Early Intervention
1034 Programs, and therapists to help identify and enroll blind and
1035 visually impaired children, as well as their parents, families,
1036 and caregivers, in these educational programs.
1037 (2) The program is not an entitlement but shall promote
1038 early development with a special emphasis on vision skills to
1039 minimize developmental delays. The education shall lay the
1040 groundwork for future learning by helping a child progress
1041 through normal developmental stages. It shall teach children to
1042 discover and make the best use of their skills for future
1043 success in school. It shall seek to ensure that visually
1044 impaired and blind children enter school as ready to learn as
1045 their sighted classmates. The program shall seek to link these
1046 children, and their parents, families, and caregivers, to other
1047 available services, training, education, and employment programs
1048 that could assist these families in the future. This linkage may
1049 include referrals to the school districts and the Early Steps
1050 Infants and Toddlers Early Intervention Program for assessments
1051 to identify any additional services needed which are not
1052 provided by the Blind Babies Program. The division shall develop
1053 a formula for eligibility based on financial means and may
1054 create a means-based matrix to set a copayment fee for families
1055 having sufficient financial means.
1056 Section 23. Subsection (1) of section 1003.575, Florida
1057 Statutes, is amended to read:
1058 1003.575 Assistive technology devices; findings;
1059 interagency agreements.—Accessibility, utilization, and
1060 coordination of appropriate assistive technology devices and
1061 services are essential as a young person with disabilities moves
1062 from early intervention to preschool, from preschool to school,
1063 from one school to another, and from school to employment or
1064 independent living. If an individual education plan team makes a
1065 recommendation in accordance with State Board of Education rule
1066 for a student with a disability, as defined in s. 1003.01(3), to
1067 receive an assistive technology assessment, that assessment must
1068 be completed within 60 school days after the team’s
1069 recommendation. To ensure that an assistive technology device
1070 issued to a young person as part of his or her individualized
1071 family support plan, individual support plan, or an individual
1072 education plan remains with the individual through such
1073 transitions, the following agencies shall enter into interagency
1074 agreements, as appropriate, to ensure the transaction of
1075 assistive technology devices:
1076 (1) The Early Steps Florida Infants and Toddlers Early
1077 Intervention Program in the Division of Children’s Medical
1078 Services of the Department of Health.
1079
1080 Interagency agreements entered into pursuant to this section
1081 shall provide a framework for ensuring that young persons with
1082 disabilities and their families, educators, and employers are
1083 informed about the utilization and coordination of assistive
1084 technology devices and services that may assist in meeting
1085 transition needs, and shall establish a mechanism by which a
1086 young person or his or her parent may request that an assistive
1087 technology device remain with the young person as he or she
1088 moves through the continuum from home to school to postschool.
1089 Section 24. This act shall take effect July 1, 2016.
1090
1091 ================= T I T L E A M E N D M E N T ================
1092 And the title is amended as follows:
1093 Delete everything before the enacting clause
1094 and insert:
1095 A bill to be entitled
1096 An act relating to early childhood development;
1097 amending s. 39.201, F.S.; providing an exception from
1098 a prohibition against the use of information in the
1099 Department of Children and Families central abuse
1100 hotline for employment screening of certain child care
1101 personnel; amending s. 39.202, F.S.; expanding the
1102 list of entities that have access to child abuse
1103 records for purposes of approving providers of school
1104 readiness services; amending s. 383.141, F.S.;
1105 revising the requirements for the Department of Health
1106 to maintain a clearinghouse of information for parents
1107 and health care providers and to increase public
1108 awareness of developmental evaluation and early
1109 intervention programs; requiring the clearinghouse to
1110 use a specified term; revising the information to be
1111 included in the clearinghouse; amending s. 391.025,
1112 F.S.; renaming the “Infants and Toddlers Early
1113 Intervention Program” as the “Early Steps Program”;
1114 revising the components of the Children’s Medical
1115 Services program; amending s. 391.026, F.S.; requiring
1116 the department to serve as the lead agency in
1117 administering the Early Steps Program; amending s.
1118 391.301, F.S.; establishing the Early Steps Program
1119 within the department; deleting provisions relating to
1120 legislative findings; authorizing the program to
1121 include certain screening and referral services for
1122 specified purposes; providing requirements and
1123 responsibilities for the program; amending s. 391.302,
1124 F.S.; defining terms; revising the definitions of
1125 certain terms; deleting terms; repealing ss. 391.303,
1126 391.304, 391.305, 391.306, and 391.307, F.S., relating
1127 to requirements for the Children’s Medical Services
1128 program, program coordination, program standards,
1129 program funding and contracts, and program review,
1130 respectively; amending s. 391.308, F.S.; renaming the
1131 “Infants and Toddlers Early Intervention Program” as
1132 the “Early Steps Program”; requiring, rather than
1133 authorizing, the department to implement and
1134 administer the program; requiring the department to
1135 ensure that the program follows specified performance
1136 standards; providing requirements of the program to
1137 meet such performance standards; revising the duties
1138 of the department; requiring the department to apply
1139 specified eligibility criteria for the program based
1140 on an appropriation of funds; providing duties for
1141 local program offices; requiring the local program
1142 office to negotiate and maintain agreements with
1143 specified providers and managed care organizations;
1144 requiring the development of an individualized family
1145 support plan for each child served in the program;
1146 requiring the local program office to coordinate with
1147 managed care organizations; requiring the department
1148 to submit an annual report, subject to certain
1149 requirements, to the Governor, the Legislature, and
1150 the Florida Interagency Coordinating Council for
1151 Infants and Toddlers by a specified date; designating
1152 the Florida Interagency Coordinating Council for
1153 Infants and Toddlers as the state interagency
1154 coordinating council required by federal rule subject
1155 to certain requirements; providing requirements for
1156 the local program office and local school district to
1157 prepare certain children for the transition to school
1158 under certain circumstances; amending s. 402.302,
1159 F.S.; revising the definition of the term “screening”
1160 for purposes of child care licensing requirements;
1161 repealing s. 402.3057, F.S., relating to persons not
1162 required to be refingerprinted or rescreened; amending
1163 s. 402.306, F.S.; requiring the Department of Children
1164 and Families and local licensing agencies to
1165 electronically post certain information relating to
1166 child care and school readiness providers; amending s.
1167 402.311, F.S.; requiring school readiness program
1168 providers to provide the department or local licensing
1169 agencies with access to facilities, personnel, and
1170 records for inspection purposes; amending s. 402.319,
1171 F.S.; requiring certain child care providers to submit
1172 an affidavit of compliance with certain mandatory
1173 reporting requirements; amending s. 435.07, F.S.;
1174 providing criteria for disqualification from
1175 employment with a school readiness program provider;
1176 amending s. 1002.82, F.S.; revising the duties of the
1177 Office of Early Learning of the Department of
1178 Education; requiring the office to coordinate with the
1179 Department of Children and Families and local
1180 licensing agencies for inspections of school readiness
1181 program providers; amending s. 1002.84, F.S.; revising
1182 provisions relating to determination of child
1183 eligibility for school readiness programs; revising
1184 requirements for determining parent copayments for
1185 participation in the program; amending s. 1002.87,
1186 F.S.; revising school readiness program eligibility
1187 requirements; amending s. 1002.88, F.S.; revising
1188 requirements for school readiness program providers;
1189 amending s. 1002.89, F.S.; providing for additional
1190 uses of funds for school readiness programs; amending
1191 ss. 402.3025, 413.092, and 1003.575, F.S.; conforming
1192 provisions to changes made by the act; providing an
1193 effective date.