Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1722
       
       
       
       
       
       
                                Barcode 967290                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2013           .                                
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       Appropriations Subcommittee on Education (Legg) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 1001.213, Florida Statutes, is created
    6  to read:
    7         1001.213 Office of Early Learning.—The Office of Early
    8  Learning is created within the Department of Education’s Office
    9  of Independent Education and Parental Choice. The Office of
   10  Early Learning, which shall be administered by an executive
   11  director, is fully accountable to the Commissioner of Education
   12  but shall:
   13         (1) Independently exercise all powers, duties, and
   14  functions prescribed by law and shall not be construed as part
   15  of the K-20 education system.
   16         (2) Adopt rules for the establishment and operation of the
   17  school readiness program and the Voluntary Prekindergarten
   18  Education Program. The office shall submit the rules to the
   19  State Board of Education for approval or disapproval. If the
   20  state board does not act on a rule within 60 days after receipt,
   21  the rule shall be filed immediately with the Department of
   22  State.
   23         (3) In compliance with part VI of chapter 1002 and its
   24  powers and duties under s. 1002.82, administer the school
   25  readiness program at the state level for the state’s eligible
   26  population described in s. 1002.87 and provide guidance to early
   27  learning coalitions in the implementation of the program.
   28         (4) In compliance with parts V and VI of chapter 1002 and
   29  its powers and duties under s. 1002.75, administer the Voluntary
   30  Prekindergarten Education Program at the state level.
   31         (5) Administer the operational requirements of the child
   32  care resource and referral network at the state level.
   33         (6) Keep administrative staff to the minimum necessary to
   34  administer the duties of the office.
   35         Section 2. Subsection (4) of section 1002.51, Florida
   36  Statutes, is amended, and subsection (8) is added to that
   37  section, to read:
   38         1002.51 Definitions.—As used in this part, the term:
   39         (4) “Early learning coalition” or “coalition” means an
   40  early learning coalition created under s. 1002.83 411.01.
   41         (8) “Office” means the Office of Early Learning within the
   42  Department of Education’s Office of Independent Education and
   43  Parental Choice.
   44         Section 3. Paragraph (a) of subsection (4) and paragraph
   45  (b) of subsection (6) of section 1002.53, Florida Statutes, are
   46  amended to read:
   47         1002.53 Voluntary Prekindergarten Education Program;
   48  eligibility and enrollment.—
   49         (4)(a) Each parent enrolling a child in the Voluntary
   50  Prekindergarten Education Program must complete and submit an
   51  application to the early learning coalition through the single
   52  point of entry established under s. 1002.82 411.01.
   53         (6)(b) A parent may enroll his or her child with any public
   54  school within the school district which is eligible to deliver
   55  the Voluntary Prekindergarten Education Program under this part,
   56  subject to available space. Each school district may limit the
   57  number of students admitted by any public school for enrollment
   58  in the school-year program; however, the school district must
   59  provide for the admission of every eligible child within the
   60  district whose parent enrolls the child in a summer
   61  prekindergarten program delivered by a public school under s.
   62  1002.61.
   63         Section 4. Paragraphs (c) and (g) of subsection (3) of
   64  section 1002.55, Florida Statutes, are amended, present
   65  paragraph (i) of that subsection is redesignated as paragraph
   66  (m), and new paragraphs (i), (j), (k), and (l) are added to that
   67  subsection, to read:
   68         1002.55 School-year prekindergarten program delivered by
   69  private prekindergarten providers.—
   70         (3) To be eligible to deliver the prekindergarten program,
   71  a private prekindergarten provider must meet each of the
   72  following requirements:
   73         (c) The private prekindergarten provider must have, for
   74  each prekindergarten class of 11 children or fewer, at least one
   75  prekindergarten instructor who meets each of the following
   76  requirements:
   77         1. The prekindergarten instructor must hold, at a minimum,
   78  one of the following credentials:
   79         a. A child development associate credential issued by the
   80  National Credentialing Program of the Council for Professional
   81  Recognition; or
   82         b. A credential approved by the Department of Children and
   83  Families Family Services as being equivalent to or greater than
   84  the credential described in sub-subparagraph a.
   85  
   86  The Department of Children and Families Family Services may
   87  adopt rules under ss. 120.536(1) and 120.54 which provide
   88  criteria and procedures for approving equivalent credentials
   89  under sub-subparagraph b.
   90         2. The prekindergarten instructor must successfully
   91  complete an emergent literacy training course and a student
   92  performance standards training course approved by the office
   93  department as meeting or exceeding the minimum standards adopted
   94  under s. 1002.59. The requirement for completion of the
   95  standards training course shall take effect July 1, 2014, and
   96  the course shall be available online. This subparagraph does not
   97  apply to a prekindergarten instructor who successfully completes
   98  approved training in early literacy and language development
   99  under s. 402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5)
  100  before the establishment of one or more emergent literacy
  101  training courses under s. 1002.59 or April 1, 2005, whichever
  102  occurs later.
  103         (g) Before the beginning of the 2006-2007 school year, The
  104  private prekindergarten provider must have a prekindergarten
  105  director who has a prekindergarten director credential that is
  106  approved by the office department as meeting or exceeding the
  107  minimum standards adopted under s. 1002.57. Successful
  108  completion of a child care facility director credential under s.
  109  402.305(2)(f) before the establishment of the prekindergarten
  110  director credential under s. 1002.57 or July 1, 2006, whichever
  111  occurs later, satisfies the requirement for a prekindergarten
  112  director credential under this paragraph.
  113         (i) The private prekindergarten provider must execute the
  114  statewide provider contract prescribed under s. 1002.75, except
  115  that an individual who owns or operates multiple private
  116  prekindergarten providers within a coalition’s service area may
  117  execute a single agreement with the coalition on behalf of each
  118  provider.
  119         (j) The private prekindergarten provider must maintain
  120  general liability insurance and provide the coalition with
  121  written evidence of general liability insurance coverage,
  122  including coverage for transportation of children if
  123  prekindergarten students are transported by the provider. A
  124  provider must obtain and retain an insurance policy that
  125  provides a minimum of $100,000 of coverage per occurrence and a
  126  minimum of $300,000 general aggregate coverage. The office may
  127  authorize lower limits upon request, as appropriate. A provider
  128  must add the coalition as a named certificateholder and as an
  129  additional insured. A provider must provide the coalition with a
  130  minimum of 10 calendar days’ advance written notice of
  131  cancellation of or changes to coverage. The general liability
  132  insurance required by this paragraph must remain in full force
  133  and effect for the entire period of the provider contract with
  134  the coalition.
  135         (k) The private prekindergarten provider must obtain and
  136  maintain any required workers’ compensation insurance under
  137  chapter 440 and any required reemployment assistance or
  138  unemployment compensation coverage under chapter 443.
  139         (l) Notwithstanding paragraph (j), for a private
  140  prekindergarten provider that is a state agency or a subdivision
  141  thereof, as defined in s. 768.28(2), the provider must agree to
  142  notify the coalition of any additional liability coverage
  143  maintained by the provider in addition to that otherwise
  144  established under s. 768.28. The provider shall indemnify the
  145  coalition to the extent permitted by s. 768.28.
  146         Section 5. Subsection (1) of section 1002.57, Florida
  147  Statutes, is amended to read:
  148         1002.57 Prekindergarten director credential.—
  149         (1) By July 1, 2006, The office, in consultation with the
  150  Department of Children and Families, department shall adopt
  151  minimum standards for a credential for prekindergarten directors
  152  of private prekindergarten providers delivering the Voluntary
  153  Prekindergarten Education Program. The credential must encompass
  154  requirements for education and onsite experience.
  155         Section 6. Section 1002.59, Florida Statutes, is amended to
  156  read:
  157         1002.59 Emergent literacy and performance standards
  158  training courses.—
  159         (1) By April 1, 2005, The office department shall adopt
  160  minimum standards for one or more training courses in emergent
  161  literacy for prekindergarten instructors. Each course must
  162  comprise 5 clock hours and provide instruction in strategies and
  163  techniques to address the age-appropriate progress of
  164  prekindergarten students in developing emergent literacy skills,
  165  including oral communication, knowledge of print and letters,
  166  phonemic and phonological awareness, and vocabulary and
  167  comprehension development. Each course must also provide
  168  resources containing strategies that allow students with
  169  disabilities and other special needs to derive maximum benefit
  170  from the Voluntary Prekindergarten Education Program. Successful
  171  completion of an emergent literacy training course approved
  172  under this section satisfies requirements for approved training
  173  in early literacy and language development under ss.
  174  402.305(2)(d)5., 402.313(6), and 402.3131(5).
  175         (2) The office shall adopt minimum standards for one or
  176  more training courses on the performance standards adopted under
  177  s. 1002.67(1). Each course must comprise at least 3 clock hours,
  178  provide instruction in strategies and techniques to address age
  179  appropriate progress of each child in attaining the standards,
  180  and be available online.
  181         Section 7. Subsections (3), (4), and (8) of section
  182  1002.61, Florida Statutes, are amended to read:
  183         1002.61 Summer prekindergarten program delivered by public
  184  schools and private prekindergarten providers.—
  185         (3)(a) Each district school board shall determine which
  186  public schools in the school district are eligible to deliver
  187  the summer prekindergarten program. The school district shall
  188  use educational facilities available in the public schools
  189  during the summer term for the summer prekindergarten program.
  190         (b) Each public school delivering the summer
  191  prekindergarten program must execute the statewide provider
  192  contract prescribed under s. 1002.75, except that the school
  193  district may execute a single agreement with the early learning
  194  coalition on behalf of all district schools.
  195         (c)(b) Except as provided in this section, to be eligible
  196  to deliver the summer prekindergarten program, a private
  197  prekindergarten provider must meet each requirement in s.
  198  1002.55.
  199         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
  200  each public school and private prekindergarten provider must
  201  have, for each prekindergarten class, at least one
  202  prekindergarten instructor who:
  203         (a) is a certified teacher; or
  204         (b) holds one of the educational credentials specified in
  205  s. 1002.55(4)(a) or (b). As used in this subsection, the term
  206  “certified teacher” means a teacher holding a valid Florida
  207  educator certificate under s. 1012.56 who has the qualifications
  208  required by the district school board to instruct students in
  209  the summer prekindergarten program. In selecting instructional
  210  staff for the summer prekindergarten program, each school
  211  district shall give priority to teachers who have experience or
  212  coursework in early childhood education.
  213         (8) Each public school delivering the summer
  214  prekindergarten program must also:
  215         (a) register with the early learning coalition on forms
  216  prescribed by the Office of Early Learning; and
  217         (b) deliver the Voluntary Prekindergarten Education Program
  218  in accordance with this part.
  219         Section 8. Subsections (3) and (8) of section 1002.63,
  220  Florida Statutes, are amended to read:
  221         1002.63 School-year prekindergarten program delivered by
  222  public schools.—
  223         (3)(a) The district school board of each school district
  224  shall determine which public schools in the district may deliver
  225  the prekindergarten program during the school year.
  226         (b) Each public school delivering the school-year
  227  prekindergarten program must execute the statewide provider
  228  contract prescribed under s. 1002.75, except that the school
  229  district may execute a single agreement with the early learning
  230  coalition on behalf of all district schools.
  231         (8) Each public school delivering the school-year
  232  prekindergarten program must:
  233         (a) register with the early learning coalition on forms
  234  prescribed by the Office of Early Learning; and
  235         (b) deliver the Voluntary Prekindergarten Education Program
  236  in accordance with this part.
  237         Section 9. Subsection (1) of section 1002.66, Florida
  238  Statutes, is amended to read:
  239         1002.66 Specialized instructional services for children
  240  with disabilities.—
  241         (1) Beginning with the 2012-2013 school year, A child who
  242  has a disability and enrolls with the early learning coalition
  243  under s. 1002.53(3)(d) is eligible for specialized instructional
  244  services if:
  245         (a) The child is eligible for the Voluntary Prekindergarten
  246  Education Program under s. 1002.53; and
  247         (b) A current individual educational plan has been
  248  developed for the child by the local school board in accordance
  249  with rules of the State Board of Education.
  250         Section 10. Subsection (1), paragraph (c) of subsection
  251  (2), and subsection (4) of section 1002.67, Florida Statutes,
  252  are amended to read:
  253         1002.67 Performance standards; curricula and
  254  accountability.—
  255         (1)(a) The office department shall develop and adopt
  256  performance standards for students in the Voluntary
  257  Prekindergarten Education Program. The performance standards
  258  must address the age-appropriate progress of students in the
  259  development of:
  260         1. The capabilities, capacities, and skills required under
  261  s. 1(b), Art. IX of the State Constitution; and
  262         2. Emergent literacy skills, including oral communication,
  263  knowledge of print and letters, phonemic and phonological
  264  awareness, and vocabulary and comprehension development.
  265  
  266  By October 1, 2013, the office shall examine the existing
  267  performance standards in the area of mathematical thinking and
  268  develop a plan to make appropriate professional development and
  269  training courses available to prekindergarten instructors.
  270         (b) The office State Board of Education shall periodically
  271  review and revise the performance standards for the statewide
  272  kindergarten screening administered under s. 1002.69 and align
  273  the standards to the standards established by the state board
  274  for student performance on the statewide assessments
  275  administered pursuant to s. 1008.22.
  276         (2)
  277         (c) The office department shall review and approve
  278  curricula for use by private prekindergarten providers and
  279  public schools that are placed on probation under paragraph
  280  (4)(c). The office department shall maintain a list of the
  281  curricula approved under this paragraph. Each approved
  282  curriculum must meet the requirements of paragraph (b).
  283         (4)(a) Each early learning coalition shall verify that each
  284  private prekindergarten provider delivering the Voluntary
  285  Prekindergarten Education Program within the coalition’s county
  286  or multicounty region complies with this part. Each district
  287  school board shall verify that each public school delivering the
  288  program within the school district complies with this part.
  289         (b) If a private prekindergarten provider or public school
  290  fails or refuses to comply with this part, or if a provider or
  291  school engages in misconduct, the office of Early Learning shall
  292  require the early learning coalition to remove the provider, and
  293  the Department of Education shall require the school district to
  294  remove the school from eligibility to deliver the Voluntary
  295  Prekindergarten Education Program and receive state funds under
  296  this part for a period of 5 years.
  297         (c)1. If the kindergarten readiness rate of a private
  298  prekindergarten provider or public school falls below the
  299  minimum rate adopted by the office State Board of Education as
  300  satisfactory under s. 1002.69(6), the early learning coalition
  301  or school district, as applicable, shall require the provider or
  302  school to submit an improvement plan for approval by the
  303  coalition or school district, as applicable, and to implement
  304  the plan;.
  305         2. If a private prekindergarten provider or public school
  306  fails to meet the minimum rate adopted by the State Board of
  307  Education as satisfactory under s. 1002.69(6), the early
  308  learning coalition or school district, as applicable, shall
  309  place the provider or school on probation; and shall must
  310  require the provider or school to take certain corrective
  311  actions, including the use of a curriculum approved by the
  312  office department under paragraph (2)(c) or a staff development
  313  plan to strengthen instruction in language development and
  314  phonological awareness approved by the office department.
  315         2.3. A private prekindergarten provider or public school
  316  that is placed on probation must continue the corrective actions
  317  required under subparagraph 1. 2., including the use of a
  318  curriculum or a staff development plan to strengthen instruction
  319  in language development and phonological awareness approved by
  320  the office department, until the provider or school meets the
  321  minimum rate adopted by the office State Board of Education as
  322  satisfactory under s. 1002.69(6). Failure to implement an
  323  approved improvement plan or staff development plan shall result
  324  in the termination of the provider’s contract to deliver the
  325  Voluntary Prekindergarten Education Program for a period of 5
  326  years.
  327         3.4. If a private prekindergarten provider or public school
  328  remains on probation for 2 consecutive years and fails to meet
  329  the minimum rate adopted by the office State Board of Education
  330  as satisfactory under s. 1002.69(6) and is not granted a good
  331  cause exemption by the office department pursuant to s.
  332  1002.69(7), the office of Early Learning shall require the early
  333  learning coalition or the Department of Education shall require
  334  the school district to remove, as applicable, the provider or
  335  school from eligibility to deliver the Voluntary Prekindergarten
  336  Education Program and receive state funds for the program for a
  337  period of 5 years.
  338         (d) Each early learning coalition and, the office of Early
  339  Learning, and the department shall coordinate with the Child
  340  Care Services Program Office of the Department of Children and
  341  Families Family Services to minimize interagency duplication of
  342  activities for monitoring private prekindergarten providers for
  343  compliance with requirements of the Voluntary Prekindergarten
  344  Education Program under this part, the school readiness program
  345  programs under part VI of this chapter s. 411.01, and the
  346  licensing of providers under ss. 402.301-402.319.
  347         Section 11. Subsections (2), (5), (6), and (7) of section
  348  1002.69, Florida Statutes, are amended to read:
  349         1002.69 Statewide kindergarten screening; kindergarten
  350  readiness rates; state-approved prekindergarten enrollment
  351  screening; good cause exemption.—
  352         (2) The statewide kindergarten screening shall provide
  353  objective data concerning each student’s readiness for
  354  kindergarten and progress in attaining the performance standards
  355  adopted by the office department under s. 1002.67(1).
  356         (5) The office State Board of Education shall adopt
  357  procedures for the department to annually calculate each private
  358  prekindergarten provider’s and public school’s kindergarten
  359  readiness rate, which must be expressed as the percentage of the
  360  provider’s or school’s students who are assessed as ready for
  361  kindergarten. The methodology for calculating each provider’s
  362  kindergarten readiness rate must include student learning gains
  363  when available and the percentage of students who meet all state
  364  readiness measures. The rates must not include students who are
  365  not administered the statewide kindergarten screening. The
  366  office state board shall determine learning gains using a value
  367  added measure based on growth demonstrated by the results of the
  368  preassessment and postassessment pre- and post-assessment from
  369  at least 2 successive years of administration of the
  370  preassessment and postassessment pre- and post-assessment.
  371         (6) The office State Board of Education shall periodically
  372  adopt a minimum kindergarten readiness rate that, if achieved by
  373  a private prekindergarten provider or public school, would
  374  demonstrate the provider’s or school’s satisfactory delivery of
  375  the Voluntary Prekindergarten Education Program.
  376         (7)(a) Notwithstanding s. 1002.67(4)(c)3. 1002.67(4)(c)4.,
  377  the office State Board of Education, upon the request of a
  378  private prekindergarten provider or public school that remains
  379  on probation for 2 consecutive years or more and subsequently
  380  fails to meet the minimum rate adopted under subsection (6) and
  381  for good cause shown, may grant to the provider or school an
  382  exemption from being determined ineligible to deliver the
  383  Voluntary Prekindergarten Education Program and receive state
  384  funds for the program. Such exemption is valid for 1 year and,
  385  upon the request of the private prekindergarten provider or
  386  public school and for good cause shown, may be renewed.
  387         (b) A private prekindergarten provider’s or public school’s
  388  request for a good cause exemption, or renewal of such an
  389  exemption, must be submitted to the office state board in the
  390  manner and within the timeframes prescribed by the office state
  391  board and must include the following:
  392         1. Submission of data by the private prekindergarten
  393  provider or public school which documents the achievement and
  394  progress of the children served as measured by the state
  395  approved prekindergarten enrollment screening and the
  396  standardized postassessment approved by the office department
  397  pursuant to subparagraph (c)1.
  398         2. Submission and review of data available from the
  399  respective early learning coalition or district school board,
  400  the Department of Children and Families Family Services, local
  401  licensing authority, or an accrediting association, as
  402  applicable, relating to the private prekindergarten provider’s
  403  or public school’s compliance with state and local health and
  404  safety standards.
  405         3. Submission and review of data available to the office
  406  department on the performance of the children served and the
  407  calculation of the private prekindergarten provider’s or public
  408  school’s kindergarten readiness rate.
  409         (c) The office State Board of Education shall adopt
  410  criteria for granting good cause exemptions. Such criteria shall
  411  include, but are not limited to:
  412         1. Learning gains of children served in the Voluntary
  413  Prekindergarten Education Program by the private prekindergarten
  414  provider or public school.
  415         2. Verification that local and state health and safety
  416  requirements are met.
  417         (d) A good cause exemption may not be granted to any
  418  private prekindergarten provider that has any class I violations
  419  or two or more class II violations within the 2 years preceding
  420  the provider’s or school’s request for the exemption. For
  421  purposes of this paragraph, class I and class II violations have
  422  the same meaning as provided in s. 402.281(4).
  423         (e) A private prekindergarten provider or public school
  424  granted a good cause exemption shall continue to implement its
  425  improvement plan and continue the corrective actions required
  426  under s. 1002.67(4)(c)1. 1002.67(4)(c)2., including the use of a
  427  curriculum approved by the office department, until the provider
  428  or school meets the minimum rate adopted under subsection (6).
  429         (f) The State Board of Education shall notify the Office of
  430  Early Learning of any good cause exemption granted to a private
  431  prekindergarten provider under this subsection. If a good cause
  432  exemption is granted to a private prekindergarten provider who
  433  remains on probation for 2 consecutive years, the office of
  434  Early Learning shall notify the early learning coalition of the
  435  good cause exemption and direct that the coalition,
  436  notwithstanding s. 1002.67(4)(c)3. 1002.67(4)(c)4., not remove
  437  the provider from eligibility to deliver the Voluntary
  438  Prekindergarten Education Program or to receive state funds for
  439  the program, if the provider meets all other applicable
  440  requirements of this part.
  441         Section 12. Paragraph (d) of subsection (3) and subsections
  442  (5) and (7) of section 1002.71, Florida Statutes, are amended to
  443  read:
  444         1002.71 Funding; financial and attendance reporting.—
  445         (3)
  446         (d) For programs offered by school districts pursuant to s.
  447  1002.61 and beginning with the 2009 summer program, each
  448  district’s funding shall be based on a student enrollment that
  449  is evenly divisible by 12. If the result of dividing a
  450  district’s student enrollment by 12 is not a whole number, the
  451  district’s enrollment calculation shall be adjusted by adding
  452  the minimum number of students to produce a student enrollment
  453  calculation that is evenly divisible by 12.
  454         (5)(a) Each early learning coalition shall maintain through
  455  the single point of entry established under s. 1002.82 411.01 a
  456  current database of the students enrolled in the Voluntary
  457  Prekindergarten Education Program for each county within the
  458  coalition’s region.
  459         (b) The Office of Early Learning shall adopt procedures for
  460  the payment of private prekindergarten providers and public
  461  schools delivering the Voluntary Prekindergarten Education
  462  Program. The procedures shall provide for the advance payment of
  463  providers and schools based upon student enrollment in the
  464  program, the certification of student attendance, and the
  465  reconciliation of advance payments in accordance with the
  466  uniform attendance policy adopted under paragraph (6)(d). The
  467  procedures shall provide for the monthly distribution of funds
  468  by the Office of Early Learning to the early learning coalitions
  469  for payment by the coalitions to private prekindergarten
  470  providers and public schools. The department shall transfer to
  471  the Office of Early Learning at least once each quarter the
  472  funds available for payment to private prekindergarten providers
  473  and public schools in accordance with this paragraph from the
  474  funds appropriated for that purpose.
  475         (7) The Office of Early Learning shall require that
  476  administrative expenditures be kept to the minimum necessary for
  477  efficient and effective administration of the Voluntary
  478  Prekindergarten Education Program. Administrative policies and
  479  procedures shall be revised, to the maximum extent practicable,
  480  to incorporate the use of automation and electronic submission
  481  of forms, including those required for child eligibility and
  482  enrollment, provider and class registration, and monthly
  483  certification of attendance for payment. A school district may
  484  use its automated daily attendance reporting system for the
  485  purpose of transmitting attendance records to the early learning
  486  coalition in a mutually agreed-upon format. In addition, actions
  487  shall be taken to reduce paperwork, eliminate the duplication of
  488  reports, and eliminate other duplicative activities. Beginning
  489  with the 2011-2012 fiscal year, Each early learning coalition
  490  may retain and expend no more than 4.0 percent of the funds paid
  491  by the coalition to private prekindergarten providers and public
  492  schools under paragraph (5)(b). Funds retained by an early
  493  learning coalition under this subsection may be used only for
  494  administering the Voluntary Prekindergarten Education Program
  495  and may not be used for the school readiness program or other
  496  programs.
  497         Section 13. Paragraph (a) of subsection (3) of section
  498  1002.72, Florida Statutes, is amended to read:
  499         1002.72 Records of children in the Voluntary
  500  Prekindergarten Education Program.—
  501         (3)(a) Confidential and exempt Voluntary Prekindergarten
  502  Education Program records may be released to:
  503         1. The United States Secretary of Education, the United
  504  States Secretary of Health and Human Services, and the
  505  Comptroller General of the United States for the purpose of
  506  federal audits or investigations.
  507         2. Individuals or organizations conducting studies for
  508  institutions to develop, validate, or administer assessments or
  509  improve instruction.
  510         3. Accrediting organizations in order to carry out their
  511  accrediting functions.
  512         4. Appropriate parties in connection with an emergency if
  513  the information is necessary to protect the health or safety of
  514  the child or other individuals.
  515         5. The Auditor General in connection with his or her
  516  official functions.
  517         6. A court of competent jurisdiction in compliance with an
  518  order of that court pursuant to a lawfully issued subpoena.
  519         7. Parties to an interagency agreement among early learning
  520  coalitions, local governmental agencies, Voluntary
  521  Prekindergarten Education Program providers, or state agencies
  522  for the purpose of implementing the Voluntary Prekindergarten
  523  Education Program.
  524         Section 14. Subsection (1) and paragraphs (a) and (d) of
  525  subsection (2) of section 1002.75, Florida Statutes, are amended
  526  to read:
  527         1002.75 Office of Early Learning; powers and duties;
  528  operational requirements.—
  529         (1) The Office of Early Learning shall adopt by rule a
  530  standard statewide provider contract to be used with each
  531  Voluntary Prekindergarten Education Program provider, with
  532  standardized attachments by provider type. The office shall
  533  publish a copy of the standard statewide provider contract on
  534  its website. The standard statewide contract shall include, at a
  535  minimum, provisions for provider probation, termination for
  536  cause, and emergency termination for those actions or inactions
  537  of a provider that pose an immediate and serious danger to the
  538  health, safety, or welfare of children. The standard statewide
  539  contract shall also include appropriate due process procedures.
  540  During the pendency of an appeal of a termination, the provider
  541  may not continue to offer its services. Any provision imposed
  542  upon a provider that is inconsistent with, or prohibited by, law
  543  is void and unenforceable. The Office of Early Learning shall
  544  administer the operational requirements of the Voluntary
  545  Prekindergarten Education Program at the state level.
  546         (2) The Office of Early Learning shall adopt procedures
  547  governing the administration of the Voluntary Prekindergarten
  548  Education Program by the early learning coalitions and school
  549  districts for:
  550         (a) Enrolling children in and determining the eligibility
  551  of children for the Voluntary Prekindergarten Education Program
  552  under s. 1002.53, which shall include the enrollment of children
  553  by public schools and private providers that meet specified
  554  requirements.
  555         (d) Determining the eligibility of private prekindergarten
  556  providers to deliver the program under ss. 1002.55 and 1002.61
  557  and streamlining the process of provider eligibility whenever
  558  possible.
  559         Section 15. Subsections (1) through (3) of section 1002.77,
  560  Florida Statutes, are amended to read:
  561         1002.77 Florida Early Learning Advisory Council.—
  562         (1) There is created the Florida Early Learning Advisory
  563  Council within the Office of Early Learning. The purpose of the
  564  advisory council is to submit recommendations to the office
  565  department on the early learning best practices policy of this
  566  state, including recommendations relating to the most effective
  567  administration of the Voluntary Prekindergarten Education
  568  Program under this part and the school readiness program
  569  programs under part VI of this chapter s. 411.01. The advisory
  570  council shall periodically analyze and provide recommendations
  571  to the office on the effective and efficient use of local,
  572  state, and federal funds; the content of professional
  573  development training programs; and best practices for the
  574  development and implementation of coalition plans pursuant to s.
  575  1002.85.
  576         (2) The advisory council shall be composed of the following
  577  members:
  578         (a) The chair of the advisory council who shall be
  579  appointed by and serve at the pleasure of the Governor.
  580         (b) The chair of each early learning coalition.
  581         (c) One member who shall be appointed by and serve at the
  582  pleasure of the President of the Senate.
  583         (d) One member who shall be appointed by and serve at the
  584  pleasure of the Speaker of the House of Representatives.
  585  
  586  The chair of the advisory council appointed by the Governor and
  587  the members appointed by the presiding officers of the
  588  Legislature must be from the business community and be in
  589  compliance with s. 1002.83(5) each have a background in early
  590  learning.
  591         (3) The advisory council shall meet at least quarterly but
  592  may meet as often as necessary to carry out its duties and
  593  responsibilities. The advisory council may use any method of
  594  telecommunications to conduct meetings, including establishing a
  595  quorum through telecommunications, only if the public is given
  596  proper notice of a telecommunications meeting and reasonable
  597  access to observe and, when appropriate, participate.
  598         Section 16. Section 1002.79, Florida Statutes, is amended
  599  to read:
  600         1002.79 Rulemaking authority.—
  601         (1) The State Board of Education shall adopt rules under
  602  ss. 120.536(1) and 120.54 to administer the provisions of this
  603  part conferring duties upon the department.
  604         (2) The Office of Early Learning shall adopt rules under
  605  ss. 120.536(1) and 120.54 to administer the provisions of this
  606  part conferring duties upon the office.
  607         Section 17. Part VI of chapter 1002, Florida Statutes,
  608  consisting of sections 1002.81 through 1002.96, is created to
  609  read:
  610                               PART VI                             
  611                      SCHOOL READINESS PROGRAM                     
  612         1002.81 Definitions.—Consistent with the requirements of 45
  613  C.F.R. parts 98 and 99 and as used in this part, the term:
  614         (1) “At-risk child” means:
  615         (a) A child from a family under investigation by the
  616  Department of Children and Families or a designated sheriff’s
  617  office for child abuse, neglect, abandonment, or exploitation.
  618         (b) A child who is in a diversion program provided by the
  619  Department of Children and Families or its contracted provider
  620  and who is from a family that is actively participating and
  621  complying in department-prescribed activities, including
  622  education, health services, or work.
  623         (c) A child from a family that is under supervision by the
  624  Department of Children and Families or a contracted service
  625  provider for abuse, neglect, abandonment, or exploitation.
  626         (d) A child placed in court-ordered, long-term custody or
  627  under the guardianship of a relative or nonrelative after
  628  termination of supervision by the Department of Children and
  629  Families or its contracted provider.
  630         (e) A child in the custody of a parent who is a victim of
  631  domestic violence residing in a certified domestic violence
  632  center.
  633         (f) A child in the custody of a parent who is considered
  634  homeless as verified by a Department of Children and Families
  635  certified homeless shelter.
  636         (2) “Authorized hours of care” means the hours of care that
  637  are necessary to provide protection, maintain employment, or
  638  complete work activities or eligible educational activities,
  639  including reasonable travel time.
  640         (3) “Average market rate” means the biennially determined
  641  average of the market rate by program care level and provider
  642  type in a predetermined geographic market.
  643         (4) “Direct enhancement services” means services for
  644  families and children that are in addition to payments for the
  645  placement of children in the school readiness program. Direct
  646  enhancement services for families and children may include
  647  supports for providers, parent training and involvement
  648  activities, and strategies to meet the needs of unique
  649  populations and local eligibility priorities. Direct enhancement
  650  services offered by an early learning coalition shall be
  651  consistent with the activities prescribed in s. 1002.89(6)(b).
  652         (5) “Disenrollment” means the removal either temporary or
  653  permanent, of a child from participation in the school readiness
  654  program. Removal of a child from the school readiness program
  655  may be based on the following events: a reduction in available
  656  school readiness program funding, participant’s failure to meet
  657  eligibility or program participation requirements, fraud, or a
  658  change in local service priorities.
  659         (6) “Earned income” means gross remuneration derived from
  660  work, professional service, or self-employment. The term
  661  includes commissions, bonuses, back pay awards, and the cash
  662  value of all remuneration paid in a medium other than cash.
  663         (7) “Economically disadvantaged” means having a family
  664  income that does not exceed 150 percent of the federal poverty
  665  level and includes being a child of a working migratory family
  666  as defined by 34 C.F.R. s. 200.81(d) or (f) or an agricultural
  667  worker who is employed by more than one agricultural employer
  668  during the course of a year, and whose income varies according
  669  to weather conditions and market stability.
  670         (8) “Family income” means the combined gross income,
  671  whether earned or unearned, that is derived from any source by
  672  all family or household members who are 18 years of age or older
  673  who are currently residing together in the same dwelling unit.
  674  The term does not include income earned by a currently enrolled
  675  high school student who, since attaining the age of 18 years, or
  676  a student with a disability who, since attaining the age of 22
  677  years, has not terminated school enrollment or received a high
  678  school diploma, high school equivalency diploma, special
  679  diploma, or certificate of high school completion. The term also
  680  does not include food stamp benefits or federal housing
  681  assistance payments issued directly to a landlord or the
  682  associated utilities expenses.
  683         (9) “Family or household members” means spouses, former
  684  spouses, persons related by blood or marriage, persons who are
  685  parents of a child in common regardless of whether they have
  686  been married, and other persons who are currently residing
  687  together in the same dwelling unit as if a family.
  688         (10) “Full-time care” means at least 6 hours, but not more
  689  than 11 hours, of child care or early childhood education
  690  services within a 24-hour period.
  691         (11) “Market rate” means the price that a child care or
  692  early childhood education provider charges for full-time or
  693  part-time daily, weekly, or monthly child care or early
  694  childhood education services.
  695         (12) “Office” means the Office of Early Learning within the
  696  Department of Education’s Office of Independent Education and
  697  Parental Choice.
  698         (13) “Part-time care” means less than 6 hours of child care
  699  or early childhood education services within a 24-hour period.
  700         (14) “Single point of entry” means an integrated
  701  information system that allows a parent to enroll his or her
  702  child in the school readiness program or the Voluntary
  703  Prekindergarten Education Program at various locations
  704  throughout a county, that may allow a parent to enroll his or
  705  her child by telephone or through a website, and that uses a
  706  uniform waiting list to track eligible children waiting for
  707  enrollment in the school readiness program.
  708         (15) “Unearned income” means income other than earned
  709  income. The term includes, but is not limited to:
  710         (a) Documented alimony and child support received.
  711         (b) Social security benefits.
  712         (c) Supplemental security income benefits.
  713         (d) Workers’ compensation benefits.
  714         (e) Reemployment assistance or unemployment compensation
  715  benefits.
  716         (f) Veterans’ benefits.
  717         (g) Retirement benefits.
  718         (h) Temporary cash assistance under chapter 414.
  719         (16) “Working family” means:
  720         (a) A single-parent family in which the parent with whom
  721  the child resides is employed or engaged in eligible work or
  722  education activities for at least 20 hours per week;
  723         (b) A two-parent family in which both parents with whom the
  724  child resides are employed or engaged in eligible work or
  725  education activities for a combined total of at least 40 hours
  726  per week; or
  727         (c) A two-parent family in which one of the parents with
  728  whom the child resides is exempt from work requirements due to
  729  age or disability, as determined and documented by a physician
  730  licensed under chapter 458 or chapter 459, and one parent is
  731  employed or engaged in eligible work or education activities at
  732  least 20 hours per week.
  733         1002.82 Office of Early Learning; powers and duties.—
  734         (1) For purposes of administration of the Child Care and
  735  Development Block Grant Trust Fund, pursuant to 45 C.F.R. parts
  736  98 and 99, the Office of Early Learning is designated as the
  737  lead agency and must comply with lead agency responsibilities
  738  pursuant to federal law. The office may apply to the Governor
  739  and Cabinet for a waiver of, and the Governor and Cabinet may
  740  waive, any provision of ss. 411.223 and 1003.54 if the waiver is
  741  necessary for implementation of the school readiness program.
  742  Section 125.901(2)(a)3. does not apply to the school readiness
  743  program.
  744         (2) The office shall:
  745         (a) Focus on improving the educational quality delivered by
  746  all providers participating in the school readiness program.
  747         (b) Preserve parental choice by permitting parents to
  748  choose from a variety of child care categories, including
  749  center-based care, family child care, and informal child care to
  750  the extent authorized in the state’s Child Care and Development
  751  Fund Plan as approved by the United States Department of Health
  752  and Human Services pursuant to 45 C.F.R. s. 98.18. Care and
  753  curriculum by a faith-based provider may not be limited or
  754  excluded in any of these categories.
  755         (c) Be responsible for the prudent use of all public and
  756  private funds in accordance with all legal and contractual
  757  requirements, safeguarding the effective use of federal, state,
  758  and local resources to achieve the highest practicable level of
  759  school readiness for the children described in s. 1002.87,
  760  including:
  761         1. The adoption of a uniform chart of accounts for
  762  budgeting and financial reporting purposes that provides
  763  standardized definitions for expenditures and reporting,
  764  consistent with the requirements of 45 C.F.R. part 98 and s.
  765  1002.89 for each of the following categories of expenditure:
  766         a. Direct services to children.
  767         b. Administrative costs.
  768         c. Quality activities.
  769         d. Nondirect services.
  770         2. Coordination with other state and federal agencies to
  771  perform data matches on children participating in the school
  772  readiness program and their families in order to verify the
  773  children’s eligibility pursuant to s. 1002.87.
  774         (d) Establish procedures for the biennial calculation of
  775  the average market rate.
  776         (e) Review each early learning coalition’s school readiness
  777  program plan every 2 years and provide final approval of the
  778  plan and any amendments submitted.
  779         (f) Establish a unified approach to the state’s efforts to
  780  coordinate a comprehensive early learning program. In support of
  781  this effort, the office:
  782         1. Shall adopt specific program support services that
  783  address the state’s school readiness program, including:
  784         a. Statewide data information program requirements that
  785  include:
  786         (I) Eligibility requirements.
  787         (II) Financial reports.
  788         (III) Program accountability measures.
  789         (IV) Child progress reports.
  790         b. Child care resource and referral services.
  791         c. A single point of entry and uniform waiting list.
  792         2. May provide technical assistance and guidance on
  793  additional support services to complement the school readiness
  794  program, including:
  795         a. Rating and improvement systems.
  796         b. Warm-Line services.
  797         c. Anti-fraud plans.
  798         d. School readiness program standards.
  799         e. Child screening and assessments.
  800         f. Training and support for parental involvement in
  801  children’s early education.
  802         g. Family literacy activities and services.
  803         (g) Provide technical assistance to early learning
  804  coalitions.
  805         (h) In cooperation with the early learning coalitions,
  806  coordinate with the Child Care Services Program Office of the
  807  Department of Children and Families to reduce paperwork and to
  808  avoid duplicating interagency activities, health and safety
  809  monitoring, and acquiring and composing data pertaining to child
  810  care training and credentialing.
  811         (i) Develop, in coordination with the Child Care Services
  812  Program Office of the Department of Children and Families, and
  813  adopt a health and safety checklist to be completed by license
  814  exempt providers that does not exceed the requirements s.
  815  402.305.
  816         (j) Develop and adopt standards and benchmarks that address
  817  the age-appropriate progress of children in the development of
  818  school readiness skills. The standards for children from birth
  819  to 5 years of age in the school readiness program must be
  820  aligned with the performance standards adopted for children in
  821  the Voluntary Prekindergarten Education Program and must address
  822  the following domains:
  823         1. Approaches to learning.
  824         2. Cognitive development and general knowledge.
  825         3. Numeracy, language, and communication.
  826         4. Physical development.
  827         5. Self-regulation.
  828         (k) Select assessments that are valid, reliable, and
  829  developmentally appropriate for use as preassessment and
  830  postassessment for the age ranges specified in the coalition
  831  plans. The assessments must be designed to measure progress in
  832  the domains of the performance standards adopted pursuant to
  833  paragraph (j), provide appropriate accommodations for children
  834  with disabilities and English language learners, and be
  835  administered by qualified individuals, consistent with the
  836  publisher’s instructions.
  837         (l) Adopt a list of approved curricula that meet the
  838  performance standards for the school readiness program and
  839  establish a process for the review and approval of a provider’s
  840  curriculum that meets the performance standards.
  841         (m) Adopt by rule a standard statewide provider contract to
  842  be used with each school readiness program provider, with
  843  standardized attachments by provider type. The office shall
  844  publish a copy of the standard statewide provider contract on
  845  its website. The standard statewide contract shall include, at a
  846  minimum, provisions for provider probation, termination for
  847  cause, and emergency termination for those actions or inactions
  848  of a provider that pose an immediate and serious danger to the
  849  health, safety, or welfare of the children. The standard
  850  statewide provider contract shall also include appropriate due
  851  process procedures. During the pendency of an appeal of a
  852  termination, the provider may not continue to offer its
  853  services. Any provision imposed upon a provider that is
  854  inconsistent with, or prohibited by, law is void and
  855  unenforceable.
  856         (n) Establish a single statewide information system that
  857  each coalition must use for the purposes of managing the single
  858  point of entry, tracking children’s progress, coordinating
  859  services among stakeholders, determining eligibility of
  860  children, tracking child attendance, and streamlining
  861  administrative processes for providers and early learning
  862  coalitions.
  863         (o) Adopt by rule standardized procedures for coalitions to
  864  use when monitoring the compliance of school readiness program
  865  providers with the terms of the standard statewide provider
  866  contract.
  867         (p) Monitor and evaluate the performance of each early
  868  learning coalition in administering the school readiness
  869  program, ensuring proper payments for school readiness program
  870  services, implementing the coalition’s school readiness program
  871  plan, and administering the Voluntary Prekindergarten Education
  872  Program. These monitoring and performance evaluations must
  873  include, at a minimum, onsite monitoring of each coalition’s
  874  finances, management, operations, and programs.
  875         (q) Work in conjunction with the Bureau of Federal
  876  Education Programs within the Department of Education to
  877  coordinate readiness and voluntary prekindergarten services to
  878  the populations served by the bureau.
  879         (r) Administer a statewide toll-free Warm-Line to provide
  880  assistance and consultation to child care facilities and family
  881  day care homes regarding health, developmental, disability, and
  882  special needs issues of the children they are serving,
  883  particularly children with disabilities and other special needs.
  884  The office shall:
  885         1. Annually inform child care facilities and family day
  886  care homes of the availability of this service through the child
  887  care resource and referral network under s. 1002.92.
  888         2. Expand or contract for the expansion of the Warm-Line to
  889  maintain at least one Warm-Line in each early learning coalition
  890  service area.
  891         (3) If the office determines during the review of school
  892  readiness program plans, or through monitoring and performance
  893  evaluations conducted under s. 1002.85, that an early learning
  894  coalition has not substantially implemented its plan, has not
  895  substantially met the performance standards and outcome measures
  896  adopted by the office, or has not effectively administered the
  897  school readiness program or Voluntary Prekindergarten Education
  898  Program, the office may temporarily contract with a qualified
  899  entity to continue school readiness program and prekindergarten
  900  services in the coalition’s county or multicounty region until
  901  the office reestablishes the coalition and a new school
  902  readiness program plan is approved in accordance with the rules
  903  adopted by the office.
  904         (4) The office may request the Governor to apply for a
  905  waiver to allow a coalition to administer the Head Start Program
  906  to accomplish the purposes of the school readiness program.
  907         (5) By January 1 of each year, the office shall publish on
  908  its website a report of its activities conducted under this
  909  section. The report must include a summary of the coalitions’
  910  annual reports, a statewide summary, and the following:
  911         (a) An analysis of early learning activities throughout the
  912  state, including the school readiness program and the Voluntary
  913  Prekindergarten Education Program.
  914         1. The total and average number of children served in the
  915  school readiness program, enumerated by age, eligibility
  916  priority category, and coalition, and the total number of
  917  children served in the Voluntary Prekindergarten Education
  918  Program.
  919         2. A summary of expenditures by coalition, by fund source,
  920  including a breakdown by coalition of the percentage of
  921  expenditures for administrative activities, quality activities,
  922  nondirect services, and direct services for children.
  923         3. A description of the office’s and each coalition’s
  924  expenditures by fund source for the quality and enhancement
  925  activities described in s. 1002.89(6)(b).
  926         4. A summary of annual findings and collections related to
  927  provider fraud and parent fraud.
  928         5. Data regarding the coalitions’ delivery of early
  929  learning programs.
  930         6. The total number of children disenrolled statewide and
  931  the reason for disenrollment.
  932         7. The total number of providers by provider type.
  933         8. The total number of provider contracts revoked and the
  934  reasons for revocation.
  935         (b) A summary of the activities and detailed expenditures
  936  related to the Child Care Executive Partnership Program.
  937         (6)(a) Parental choice of child care providers, including
  938  private and faith-based providers, shall be established to the
  939  maximum extent practicable in accordance with 45 C.F.R. s.
  940  98.30.
  941         (b) As used in this subsection, the term “payment
  942  certificate” means a child care certificate as defined in 45
  943  C.F.R. s. 98.2.
  944         (c) The school readiness program shall, in accordance with
  945  45 C.F.R. s. 98.30, provide parental choice through a payment
  946  certificate that provides, to the maximum extent possible,
  947  flexibility in the school readiness program and payment
  948  arrangements. The payment certificate must bear the names of the
  949  beneficiary and the program provider and, when redeemed, must
  950  bear the signatures of both the beneficiary and an authorized
  951  representative of the provider.
  952         (d) If it is determined that a provider has given any cash
  953  or other consideration to the beneficiary in return for
  954  receiving a payment certificate, the early learning coalition or
  955  its fiscal agent shall refer the matter to the Department of
  956  Financial Services pursuant to s. 414.411 for investigation.
  957         (7) Participation in the school readiness program does not
  958  expand the regulatory authority of the state, its officers, or
  959  an early learning coalition to impose any additional regulation
  960  on providers beyond those necessary to enforce the requirements
  961  set forth in this part and part V of this chapter.
  962         1002.83 Early learning coalitions.—
  963         (1) Thirty-one or fewer early learning coalitions are
  964  established and shall maintain direct enhancement services at
  965  the local level and provide access to such services in all 67
  966  counties. Two or more early learning coalitions may join for
  967  purposes of planning and implementing a school readiness program
  968  and the Voluntary Prekindergarten Education Program.
  969         (2) Each early learning coalition shall be composed of at
  970  least 15 members but not more than 30 members.
  971         (3) The Governor shall appoint the chair and two other
  972  members of each early learning coalition, who must each meet the
  973  same qualifications as private sector business members appointed
  974  by the coalition under subsection (5).
  975         (4) Each early learning coalition must include the
  976  following member positions; however, in a multicounty coalition,
  977  each ex officio member position may be filled by multiple
  978  nonvoting members but no more than one voting member shall be
  979  seated per member position. If an early learning coalition has
  980  more than one member representing the same entity, only one of
  981  such members may serve as a voting member:
  982         (a) A Department of Children and Families regional
  983  administrator or his or her permanent designee who is authorized
  984  to make decisions on behalf of the department.
  985         (b) A district superintendent of schools or his or her
  986  permanent designee who is authorized to make decisions on behalf
  987  of the district.
  988         (c) A regional workforce board executive director or his or
  989  her permanent designee.
  990         (d) A county health department director or his or her
  991  designee.
  992         (e) A children’s services council or juvenile welfare board
  993  chair or executive director, if applicable.
  994         (f) An agency head of a local licensing agency as defined
  995  in s. 402.302, where applicable.
  996         (g) A president of a Florida College System institution or
  997  his or her permanent designee.
  998         (h) One member appointed by a board of county commissioners
  999  or the governing board of a municipality.
 1000         (i) A central agency administrator, where applicable.
 1001         (j) A Head Start director.
 1002         (k) A representative of private for-profit child care
 1003  providers, including private for-profit family day care homes.
 1004         (l) A representative of faith-based child care providers.
 1005         (m) A representative of programs for children with
 1006  disabilities under the federal Individuals with Disabilities
 1007  Education Act.
 1008         (5) Including the members appointed by the Governor under
 1009  subsection (3), more than one-third of the members of each early
 1010  learning coalition must be private sector business members,
 1011  either for-profit or nonprofit, who do not have, and none of
 1012  whose relatives as defined in s. 112.3143 has, a substantial
 1013  financial interest in the design or delivery of the Voluntary
 1014  Prekindergarten Education Program created under part V of this
 1015  chapter or the school readiness program. To meet this
 1016  requirement an early learning coalition must appoint additional
 1017  members. The office shall establish criteria for appointing
 1018  private sector business members. These criteria must include
 1019  standards for determining whether a member or relative has a
 1020  substantial financial interest in the design or delivery of the
 1021  Voluntary Prekindergarten Education Program or the school
 1022  readiness program.
 1023         (6) A majority of the voting membership of an early
 1024  learning coalition constitutes a quorum required to conduct the
 1025  business of the coalition. An early learning coalition may use
 1026  any method of telecommunications to conduct meetings, including
 1027  establishing a quorum through telecommunications, provided that
 1028  the public is given proper notice of a telecommunications
 1029  meeting and reasonable access to observe and, when appropriate,
 1030  participate.
 1031         (7) A voting member of an early learning coalition may not
 1032  appoint a designee to act in his or her place, except as
 1033  otherwise provided in this subsection. A voting member may send
 1034  a representative to coalition meetings but that representative
 1035  does not have voting privileges. When a regional administrator
 1036  for the Department of Children and Families appoints a designee
 1037  to an early learning coalition, the designee is the voting
 1038  member of the coalition, and any individual attending in the
 1039  designee’s place, including the district administrator, does not
 1040  have voting privileges.
 1041         (8) Each member of an early learning coalition is subject
 1042  to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
 1043  112.3143(3)(a), each voting member is a local public officer who
 1044  must abstain from voting when a voting conflict exists.
 1045         (9) For purposes of tort liability, each member or employee
 1046  of an early learning coalition shall be governed by s. 768.28.
 1047         (10) An early learning coalition serving a multicounty
 1048  region must include representation from each county.
 1049         (11) Each early learning coalition shall establish terms
 1050  for all appointed members of the coalition. The terms must be
 1051  staggered and must be a uniform length that does not exceed 4
 1052  years per term. Coalition chairs shall be appointed for 4 years
 1053  in conjunction with their membership on the Early Learning
 1054  Advisory Council pursuant to s. 20.052. Appointed members may
 1055  serve a maximum of two consecutive terms. When a vacancy occurs
 1056  in an appointed position, the coalition must advertise the
 1057  vacancy.
 1058         (12) State, federal, and local matching funds provided to
 1059  the early learning coalitions may not be used directly or
 1060  indirectly to pay for meals, food, or beverages for coalition
 1061  members, coalition employees, or for subcontractor employees.
 1062  Preapproved, reasonable, and necessary per diem allowances and
 1063  travel expenses may be reimbursed. Such reimbursement shall be
 1064  at the standard travel reimbursement rates established in s.
 1065  112.061 and must comply with applicable federal and state
 1066  requirements.
 1067         (13) Each early learning coalition shall use a coordinated
 1068  professional development system that supports the achievement
 1069  and maintenance of core competencies by school readiness program
 1070  teachers in helping children attain the performance standards
 1071  adopted by the office.
 1072         (14) Each school district shall, upon request of the
 1073  coalition, make a list of all individuals currently eligible to
 1074  act as a substitute teacher within the school district, pursuant
 1075  to rules adopted by the school district pursuant to s. 1012.35,
 1076  available to an early learning coalition serving students within
 1077  the school district. Child care facilities as defined in s.
 1078  402.302 may employ individuals listed as substitute instructors
 1079  for the purpose of offering the school readiness program, the
 1080  Voluntary Prekindergarten Education Program, and all other
 1081  legally operating child care programs.
 1082         1002.84 Early learning coalitions; school readiness powers
 1083  and duties.—Each early learning coalition shall:
 1084         (1) Administer and implement a local comprehensive program
 1085  of school readiness program services in accordance with this
 1086  part and the rules adopted by the office, which enhances the
 1087  cognitive, social, and physical development of children to
 1088  achieve the performance standards.
 1089         (2) Establish a uniform waiting list to track eligible
 1090  children waiting for enrollment in the school readiness program
 1091  in accordance with rules adopted by the office.
 1092         (3) Establish a resource and referral network operating
 1093  under s. 1002.92 to assist parents in making an informed choice
 1094  and provide maximum parental choice of providers and to provide
 1095  information on available community resources.
 1096         (4) Establish a regional Warm-Line as directed by the
 1097  office pursuant to s. 1002.82(2)(r). Regional Warm-Line staff
 1098  shall provide onsite technical assistance, when requested, to
 1099  assist child care facilities and family day care homes with
 1100  inquiries relating to the strategies, curriculum, and
 1101  environmental adaptations the child care facilities and family
 1102  day care homes may need as they serve children with disabilities
 1103  and other special needs.
 1104         (5) Establish an age-appropriate screening, for children
 1105  ages birth to 5 years, of each child’s development and an
 1106  appropriate referral process for children with identified
 1107  delays. Such screening shall not be a requirement of entry into
 1108  the school readiness program and shall be only given with
 1109  parental consent.
 1110         (6) Implement an age-appropriate preassessment and
 1111  postassessment of children if specified in the coalition’s
 1112  approved plan.
 1113         (7) Determine child eligibility pursuant to s. 1002.87 and
 1114  provider eligibility pursuant to s. 1002.88. At a minimum, child
 1115  eligibility must be redetermined annually. Redetermination must
 1116  also be conducted twice per year for an additional 50 percent of
 1117  a coalition’s enrollment through a statistically valid random
 1118  sampling. A coalition must document the reason why a child is no
 1119  longer eligible for the school readiness program according to
 1120  the standard codes prescribed by the office.
 1121         (8) Establish a parent sliding fee scale that requires a
 1122  parent copayment to participate in the school readiness program.
 1123  Providers are required to collect the parent’s copayment. A
 1124  coalition may, on a case-by-case basis, waive the copayment for
 1125  an at-risk child or temporarily waive the copayment for a child
 1126  whose family experiences a natural disaster or an event that
 1127  limits the parent’s ability to pay, such as incarceration,
 1128  placement in residential treatment, or becoming homeless, or an
 1129  emergency situation such as a household fire or burglary, or
 1130  while the parent is participating in parenting classes. A parent
 1131  may not transfer school readiness program services to another
 1132  school readiness program provider until the parent has submitted
 1133  documentation from the current school readiness program provider
 1134  to the early learning coalition stating that the parent has
 1135  satisfactorily fulfilled the copayment obligation.
 1136         (9) Establish proper maintenance of records related to
 1137  eligibility and enrollment files, provider payments, coalition
 1138  staff background screenings, and other documents required for
 1139  the implementation of the school readiness program.
 1140         (10) Establish a records retention requirement for sign-in
 1141  and sign-out records that is consistent with state and federal
 1142  law. Attendance records may not be altered or amended after
 1143  December 31 of the subsequent year.
 1144         (11) Comply with the tangible personal property
 1145  requirements of chapter 274 and any rules adopted thereunder.
 1146         (12) Comply with federal procurement requirements and the
 1147  procurement requirements of ss. 215.971, 287.057, and 287.058,
 1148  except that an early learning coalition is not required to
 1149  competitively procure direct services for school readiness
 1150  program and Voluntary Prekindergarten Education Program
 1151  providers.
 1152         (13) Establish proper information technology security
 1153  controls, including, but not limited to, periodically reviewing
 1154  the appropriateness of access privileges assigned to users of
 1155  certain systems; monitoring system hardware performance and
 1156  capacity-related issues; and ensuring appropriate backup
 1157  procedures and disaster recovery plans are in place.
 1158         (14) Develop written policies, procedures, and standards
 1159  for monitoring vendor contracts, including, but not limited to,
 1160  provisions specifying the particular procedures that may be used
 1161  to evaluate contractor performance and the documentation that is
 1162  to be maintained to serve as a record of contractor performance.
 1163  This subsection does not apply to contracts with school
 1164  readiness program providers or Voluntary Prekindergarten
 1165  Education Program providers.
 1166         (15) Monitor school readiness program providers in
 1167  accordance with its plan, or in response to a parental
 1168  complaint, to verify that the standards prescribed in ss.
 1169  1002.82 and 1002.88 are being met using a standard monitoring
 1170  tool adopted by the office. Providers determined to be high-risk
 1171  by the coalition, as demonstrated by substantial findings of
 1172  violations of federal law or the general or local laws of the
 1173  state, shall be monitored more frequently. Providers with 3
 1174  consecutive years of compliance may be monitored biennially.
 1175         (16) Adopt a payment schedule that encompasses all programs
 1176  funded under this part and part V of this chapter. The payment
 1177  schedule must take into consideration the average market rate,
 1178  include the projected number of children to be served, and be
 1179  submitted for approval by the office. Informal child care
 1180  arrangements shall be reimbursed at not more than 50 percent of
 1181  the rate adopted for a family day care home.
 1182         (17) Implement an anti-fraud plan addressing the detection,
 1183  reporting, and prevention of overpayments, abuse, and fraud
 1184  relating to the provision of and payment for school readiness
 1185  program and Voluntary Prekindergarten Education Program services
 1186  and submit the plan to the office for approval, as required by
 1187  s. 1002.91.
 1188         (18) By October 1 of each year, submit an annual report to
 1189  the office. The report shall conform to the format adopted by
 1190  the office and must include:
 1191         (a) Segregation of school readiness program funds,
 1192  Voluntary Prekindergarten Education Program funds, Child Care
 1193  Executive Partnership Program funds, and other local revenues
 1194  available to the coalition.
 1195         (b) Details of expenditures by fund source, including total
 1196  expenditures for administrative activities, quality activities,
 1197  nondirect services, and direct services for children.
 1198         (c) The total number of coalition staff and the related
 1199  expenditures for salaries and benefits. For any subcontracts,
 1200  the total number of contracted staff and the related
 1201  expenditures for salaries and benefits must be included.
 1202         (d) The number of children served in the school readiness
 1203  program, by provider type, enumerated by age and eligibility
 1204  priority category, reported as the number of children served
 1205  during the month, the average participation throughout the
 1206  month, and the number of children served during the month.
 1207         (e) The total number of children disenrolled during the
 1208  year and the reasons for disenrollment.
 1209         (f) The total number of providers by provider type.
 1210         (g) A listing of any school readiness program provider, by
 1211  type, whose eligibility to deliver the school readiness program
 1212  is revoked, including a brief description of the state or
 1213  federal violation that resulted in the revocation.
 1214         (h) An evaluation of its direct enhancement services.
 1215         (i) The total number of children served in each provider
 1216  facility.
 1217         (19) Maintain its administrative staff at the minimum
 1218  necessary to administer the duties of the early learning
 1219  coalition.
 1220         (20) To increase transparency and accountability, comply
 1221  with the requirements of this section before contracting with a
 1222  member of the coalition or a relative, as defined in s.
 1223  112.3143(1)(b), of a coalition member or of an employee of the
 1224  coalition. Such contracts may not be executed without the
 1225  approval of the office. Such contracts, as well as documentation
 1226  demonstrating adherence to this section by the coalition, must
 1227  be approved by a two-thirds vote of the coalition, a quorum
 1228  having been established; all conflicts of interest must be
 1229  disclosed before the vote; and any member who may benefit from
 1230  the contract, or whose relative may benefit from the contract,
 1231  must abstain from the vote. A contract under $25,000 between an
 1232  early learning coalition and a member of that coalition or
 1233  between a relative, as defined in s. 112.3143(1)(b), of a
 1234  coalition member or of an employee of the coalition is not
 1235  required to have the prior approval of the office but must be
 1236  approved by a two-thirds vote of the coalition, a quorum having
 1237  been established, and must be reported to the office within 30
 1238  days after approval. If a contract cannot be approved by the
 1239  office, a review of the decision to disapprove the contract may
 1240  be requested by the early learning coalition or other parties to
 1241  the disapproved contract.
 1242         1002.85 Early learning coalition plans.—
 1243         (1) The office shall adopt rules prescribing the
 1244  standardized format and required content of school readiness
 1245  program plans as necessary for a coalition or other qualified
 1246  entity to administer the school readiness program as provided in
 1247  this part.
 1248         (2) Each early learning coalition must biennially submit a
 1249  school readiness program plan to the office before the
 1250  expenditure of funds. A coalition may not implement its school
 1251  readiness program plan until it receives approval from the
 1252  office. A coalition may not implement any revision to its school
 1253  readiness program plan until the coalition submits the revised
 1254  plan to and receives approval from the office. If the office
 1255  rejects a plan or revision, the coalition must continue to
 1256  operate under its previously approved plan. The plan must
 1257  include, but is not limited to:
 1258         (a) The coalition’s operations, including its membership
 1259  and business organization, and the coalition’s articles of
 1260  incorporation and bylaws if the coalition is organized as a
 1261  corporation. If the coalition is not organized as a corporation
 1262  or other business entity, the plan must include the contract
 1263  with a fiscal agent.
 1264         (b) The minimum number of children to be served by care
 1265  level.
 1266         (c) The coalition’s procedures for implementing the
 1267  requirements of this part, including:
 1268         1. Single point of entry.
 1269         2. Uniform waiting list.
 1270         4. Eligibility and enrollment processes.
 1271         5. Parent access and choice.
 1272         6. Sliding fee scale and policies on applying the waiver or
 1273  reduction of fees in accordance with 1002.84(8).
 1274         7. Use of preassessments and postassessments, as
 1275  applicable.
 1276         8. Payment rate.
 1277         (d) A detailed description of the coalition’s quality
 1278  activities and services, including:
 1279         1. Resource and referral and school-age child care.
 1280         2. Infant and toddler early learning.
 1281         3. Inclusive early learning programs.
 1282         (e) A detailed budget that outlines estimated expenditures
 1283  for state, federal, and local matching funds at the lowest level
 1284  of detail available by other-cost-accumulator code number; all
 1285  estimated sources of revenue with identifiable descriptions; a
 1286  listing of full-time equivalent positions; contracted
 1287  subcontractor costs with related annual compensation amount or
 1288  hourly rate of compensation; and a capital improvements plan
 1289  outlining existing fixed capital outlay projects and proposed
 1290  capital outlay projects that will begin during the budget year.
 1291         (f) A detailed accounting, in the format prescribed by the
 1292  office, of all revenues and expenditures during the previous
 1293  state fiscal year. Revenue sources should be identifiable and
 1294  expenditures should be reported by three categories: state and
 1295  federal funds, local matching funds, and Child Care Executive
 1296  Partnership Program funds.
 1297         (g) Updated policies and procedures, including those
 1298  governing procurement, maintenance of tangible personal
 1299  property, maintenance of records, information technology
 1300  security, and disbursement controls.
 1301         (h) A description of the procedures for monitoring school
 1302  readiness program providers, including in response to a parental
 1303  complaint, to determine that the standards prescribed in ss.
 1304  1002.82 and 1002.88 are met using a standard monitoring tool
 1305  adopted by the office. Providers determined to be high risk by
 1306  the coalition as demonstrated by substantial findings of
 1307  violations of law shall be monitored more frequently.
 1308         (i) Documentation that the coalition has solicited and
 1309  considered comments regarding the proposed school readiness
 1310  program plan from the local community.
 1311         (3) The coalition may periodically amend its plan as
 1312  necessary. An amended plan must be submitted to and approved by
 1313  the office before any expenditures are incurred on the new
 1314  activities proposed in the amendment.
 1315         (4) The office shall publish a copy of the standardized
 1316  format and required content of school readiness program plans on
 1317  its website.
 1318         (5) The office shall collect and report data on coalition
 1319  delivery of early learning programs. Elements shall include, but
 1320  are not limited to, measures related to progress towards
 1321  reducing the number of children on the waitlist, the percentage
 1322  of children served by the program as compared to the number of
 1323  administrative staff and overhead, the percentage of children
 1324  served compared to total number of children under the age of 5
 1325  years below 150 percent of the federal poverty level, provider
 1326  payment processes, fraud intervention, child attendance and
 1327  stability, use of child care resource and referral, and
 1328  kindergarten readiness outcomes for children in the Voluntary
 1329  Prekindergarten Education Program or the school readiness
 1330  program upon entry into kindergarten. The office shall request
 1331  input from the coalitions and school readiness program providers
 1332  before finalizing the format and data to be used. The report
 1333  shall be implemented beginning July 1, 2014, and results of the
 1334  report must be included in the annual report under s. 1002.82.
 1335         1002.86 School readiness program; education component.—The
 1336  education component of the school readiness program should be
 1337  developmentally appropriate and based on research, involve the
 1338  parent as the child’s first teacher, serve as a preventive
 1339  measure for children at risk of future school failure, and
 1340  enhance the educational readiness of eligible children. The
 1341  school readiness program should be of assistance to parents in
 1342  preparing their at-risk children for educational success,
 1343  including, as appropriate, health screening and referral.
 1344         1002.87 School readiness program; eligibility and
 1345  enrollment.—
 1346         (1) Effective August 1, 2013, or upon reevaluation of
 1347  eligibility for children currently served, whichever is later,
 1348  each early learning coalition shall give priority for
 1349  participation in the school readiness program as follows:
 1350         (a) Priority shall be given first to a child younger than
 1351  13 years of age from a family that includes a parent who is
 1352  receiving temporary cash assistance under chapter 414 and
 1353  subject to the federal work requirements.
 1354         (b) Priority shall be given next to an at-risk child
 1355  younger than 9 years of age.
 1356         (c) Priority shall be given next to a child from birth to
 1357  the beginning of the school year for which the child is eligible
 1358  for admission to kindergarten in a public school under s.
 1359  1003.21(1)(a)2. who is from a working family that is
 1360  economically disadvantaged, and may include such child’s
 1361  eligible siblings, beginning with the school year in which the
 1362  sibling is eligible for admission to kindergarten in a public
 1363  school under s. 1003.21(1)(a)2. until the beginning of the
 1364  school year in which the sibling is eligible to begin 6th grade,
 1365  provided that the first priority for funding an eligible sibling
 1366  is local revenues available to the coalition for funding direct
 1367  services. However, a child eligible under this paragraph ceases
 1368  to be eligible if his or her family income exceeds 200 percent
 1369  of the federal poverty level.
 1370         (d) Priority shall be given next to an at-risk child who is
 1371  at least 9 years of age but younger than 13 years of age. An at
 1372  risk child whose sibling is enrolled in the school readiness
 1373  program within an eligibility priority category listed in
 1374  paragraphs (a)-(c) shall be given priority over other children
 1375  who are eligible under this paragraph.
 1376         (e) Priority shall be given next to a child who is younger
 1377  than 13 years of age from a working family that is economically
 1378  disadvantaged. A child who is eligible under this paragraph
 1379  whose sibling is enrolled in the school readiness program under
 1380  paragraph (c) shall be given priority over other children who
 1381  are eligible under this paragraph. However, a child eligible
 1382  under this paragraph ceases to be eligible if his or her family
 1383  income exceeds 200 percent of the federal poverty level.
 1384         (f) Priority shall be given next to a child who has special
 1385  needs, has been determined eligible as a student with a
 1386  disability, has a current individual education plan with a
 1387  Florida school district, and is not younger than 3 years of age.
 1388  A special needs child eligible under this paragraph remains
 1389  eligible until the child is eligible for admission to
 1390  kindergarten in a public school under s. 1003.21(1)(a)2.
 1391         (g) Priority shall be given next to a child of a parent who
 1392  transitions from the work program into employment as described
 1393  in s. 445.032.
 1394         (h) Notwithstanding paragraphs (a)-(d), priority shall be
 1395  given last to a child who otherwise meets one of the eligibility
 1396  criteria in paragraphs (a)-(d) but who is also enrolled
 1397  concurrently in the federal Head Start Program and the Voluntary
 1398  Prekindergarten Education Program.
 1399         (2) A school readiness program provider may be paid only
 1400  for authorized hours of care provided for a child in the school
 1401  readiness program. A child enrolled in the Voluntary
 1402  Prekindergarten Education Program may receive care from the
 1403  school readiness program if the child is eligible according to
 1404  the eligibility priorities in this section.
 1405         (3) Contingent upon the availability of funds, a coalition
 1406  shall enroll eligible children, including those from its waiting
 1407  list, according to the eligibility priorities in this section.
 1408         (4) The parent of a child enrolled in the school readiness
 1409  program must notify the coalition or its designee within 10 days
 1410  after any change in employment, income, or family size. Upon
 1411  notification by the parent, the child’s eligibility must be
 1412  reevaluated.
 1413         (5) A child whose eligibility priority category requires
 1414  the child to be from a working family ceases to be eligible for
 1415  the school readiness program if a parent with whom the child
 1416  resides does not reestablish employment within 60 days after
 1417  becoming unemployed.
 1418         (6) Eligibility for each child must be reevaluated
 1419  annually. Upon reevaluation, a child may not continue to receive
 1420  school readiness program services if he or she has ceased to be
 1421  eligible under this section.
 1422         (7) If a coalition disenrolls children from the school
 1423  readiness program, the coalition must disenroll the children in
 1424  reverse order of the eligibility priorities listed in subsection
 1425  (1) beginning with children from families with the highest
 1426  family incomes. A notice of disenrollment must be sent to the
 1427  parent and school readiness program provider at least 2 weeks
 1428  before disenrollment to provide adequate time for the parent to
 1429  arrange alternative care for the child. However, an at-risk
 1430  child may not be disenrolled from the program without the
 1431  written approval of the Child Welfare Program Office of the
 1432  Department of Children and Families or the community-based lead
 1433  agency.
 1434         (8) If a child is absent from the program for 5 consecutive
 1435  days without parental notification to the program of such
 1436  absence, the school readiness program provider shall report the
 1437  absence to the early learning coalition for a determination of
 1438  the need for continued care.
 1439         (9) Notwithstanding s. 39.604, a school readiness program
 1440  provider, regardless of whether the provider is licensed, shall
 1441  comply with the reporting requirements of the Rilya Wilson Act
 1442  for each at-risk child under the age of school entry who is
 1443  enrolled in the school readiness program.
 1444         1002.88 School readiness program provider standards;
 1445  eligibility to deliver the school readiness program.—
 1446         (1) To be eligible to deliver the school readiness program,
 1447  a school readiness program provider must:
 1448         (a) Be a child care facility licensed under s. 402.305, a
 1449  family day care home licensed or registered under s. 402.313, a
 1450  large family child care home licensed under s. 402.3131, a
 1451  public school or nonpublic school exempt from licensure under s.
 1452  402.3025, a faith-based child care provider exempt from
 1453  licensure under s. 402.316, a before-school or after-school
 1454  program described in s. 402.305(1)(c), or an informal child care
 1455  provider to the extent authorized in the state’s Child Care and
 1456  Development Fund Plan as approved by the United States
 1457  Department of Health and Human Services pursuant to 45 C.F.R. s.
 1458  98.18.
 1459         (b) Provide instruction and activities to enhance the age
 1460  appropriate progress of each child in attaining the child
 1461  development standards adopted by the office pursuant to s.
 1462  1002.82(2)(j). A provider should include activities to foster
 1463  brain development in infants and toddlers; provide an
 1464  environment that is rich in language and music and filled with
 1465  objects of various colors, shapes, textures, and sizes to
 1466  stimulate visual, tactile, auditory, and linguistic senses; and
 1467  include 30 minutes of reading to children each day.
 1468         (c) Provide basic health and safety of its premises and
 1469  facilities and compliance with requirements for age-appropriate
 1470  immunizations of children enrolled in the school readiness
 1471  program. For a child care facility, a large family child care
 1472  home, or a licensed family day care home, compliance with s.
 1473  402.305, s. 402.3131, or s. 402.313 satisfies this requirement.
 1474  For a public or nonpublic school, compliance with s. 402.3025 or
 1475  s. 1003.22 satisfies this requirement. A faith-based child care
 1476  provider, an informal child care provider, or a nonpublic
 1477  school, exempt from licensure under ss. 402.316 or 402.3025,
 1478  shall annually complete the health and safety checklist adopted
 1479  by the office, post the checklist prominently on its premises in
 1480  plain sight for visitors and parents, and submit it annually to
 1481  its local early learning coalition.
 1482         (d) Provide an appropriate staff-to-children ratio,
 1483  pursuant to s. 402.305(4) or s. 402.302(8) or (11), as
 1484  applicable, and as verified pursuant to s. 402.311.
 1485         (e) Provide a healthy and safe environment pursuant to s.
 1486  402.305(5), (6), and (7), as applicable, and as verified
 1487  pursuant to s. 402.311.
 1488         (f) Implement one of the curricula approved by the office
 1489  that meets the child development standards.
 1490         (g) Implement a character development program to develop
 1491  basic values.
 1492         (h) Collaborate with the respective early learning
 1493  coalition to complete initial screening for each child, aged 6
 1494  weeks to kindergarten eligibility, within 45 days after the
 1495  child’s first or subsequent enrollment, to identify a child who
 1496  may need individualized supports.
 1497         (i) Implement minimum standards for child discipline
 1498  practices that are age-appropriate and consistent with the
 1499  requirements in s. 402.305(12). Such standards must provide that
 1500  children not be subjected to discipline that is severe,
 1501  humiliating, or frightening or discipline that is associated
 1502  with food, rest, or toileting. Spanking or any other form of
 1503  physical punishment is prohibited.
 1504         (j) Obtain and keep on file record of the child’s
 1505  immunizations, physical development, and other health
 1506  requirements as necessary, including appropriate vision and
 1507  hearing screening and examination, within 30 days after
 1508  enrollment.
 1509         (k) Implement before-school or after-school programs that
 1510  meet or exceed the requirements of s. 402.305(5), (6), and (7).
 1511         (l) For a provider that is not an informal provider,
 1512  maintain general liability insurance and provide the coalition
 1513  with written evidence of general liability insurance coverage,
 1514  including coverage for transportation of children if school
 1515  readiness program children are transported by the provider. A
 1516  provider must obtain and retain an insurance policy that
 1517  provides a minimum of $100,000 of coverage per occurrence and a
 1518  minimum of $300,000 general aggregate coverage. The office may
 1519  authorize lower limits upon request, as appropriate. A provider
 1520  must add the coalition as a named certificateholder and as an
 1521  additional insured. A provider must provide the coalition with a
 1522  minimum of 10 calendar days’ advance written notice of
 1523  cancellation of or changes to coverage. The general liability
 1524  insurance required by this paragraph must remain in full force
 1525  and effect for the entire period of the provider contract with
 1526  the coalition.
 1527         (m) For a provider that is an informal provider, comply
 1528  with the provisions of paragraph (l) or maintain homeowner’s
 1529  liability insurance and, if applicable, a business rider. If an
 1530  informal provider chooses to maintain a homeowner’s policy, the
 1531  provider must obtain and retain a homeowner’s insurance policy
 1532  that provides a minimum of $100,000 of coverage per occurrence
 1533  and a minimum of $300,000 general aggregate coverage. The office
 1534  may authorize lower limits upon request, as appropriate. An
 1535  informal provider must add the coalition as a named
 1536  certificateholder and as an additional insured. An informal
 1537  provider must provide the coalition with a minimum of 10
 1538  calendar days’ advance written notice of cancellation of or
 1539  changes to coverage. The general liability insurance required by
 1540  this paragraph must remain in full force and effect for the
 1541  entire period of the provider’s contract with the coalition.
 1542         (n) Obtain and maintain any required workers’ compensation
 1543  insurance under chapter 440 and any required reemployment
 1544  assistance or unemployment compensation coverage under chapter
 1545  443.
 1546         (o) Notwithstanding paragraph (l), for a provider that is a
 1547  state agency or a subdivision thereof, as defined in s.
 1548  768.28(2), agree to notify the coalition of any additional
 1549  liability coverage maintained by the provider in addition to
 1550  that otherwise established under s. 768.28. The provider shall
 1551  indemnify the coalition to the extent permitted by s. 768.28.
 1552         (p) Execute the standard statewide provider contract
 1553  adopted by the office.
 1554         (q) Operate on a full-time and part-time basis and provide
 1555  extended-day and extended-year services to the maximum extent
 1556  possible without compromising the quality of the program to meet
 1557  the needs of parents who work.
 1558         (2) If a school readiness program provider fails or refuses
 1559  to comply with this part or any contractual obligation of the
 1560  statewide provider contract under s. 1002.82(2)(m), the
 1561  coalition may revoke the provider’s eligibility to deliver the
 1562  school readiness program or receive state or federal funds under
 1563  this chapter for a period of 5 years.
 1564         (3) The office and the coalitions may not:
 1565         (a) Impose any requirement on a child care provider or
 1566  early childhood education provider that does not deliver
 1567  services under the school readiness program or receive state or
 1568  federal funds under this part;
 1569         (b) Impose any requirement on a school readiness program
 1570  provider that exceeds the authority provided under this part or
 1571  part V of this chapter or rules adopted pursuant to this part or
 1572  part V of this chapter; or
 1573         (c) Require a provider to administer a preassessment or
 1574  postassessment.
 1575         1002.89 School readiness program; funding.—
 1576         (1) Funding for the school readiness program shall be
 1577  allocated among the early learning coalitions in accordance with
 1578  this section and the General Appropriations Act.
 1579         (2) The office shall administer school readiness program
 1580  funds and prepare and submit a unified budget request for the
 1581  school readiness program in accordance with chapter 216.
 1582         (3) All instructions to early learning coalitions for
 1583  administering this section shall emanate from the office in
 1584  accordance with the policies of the Legislature.
 1585         (4) All cost savings and all revenues received through a
 1586  mandatory sliding fee scale shall be used to increase the number
 1587  of children served.
 1588         (5) All state, federal, and local matching funds provided
 1589  to an early learning coalition for purposes of this section
 1590  shall be used for implementation of its approved school
 1591  readiness program plan, including the hiring of staff to
 1592  effectively operate the school readiness program.
 1593         (6) Costs shall be kept to the minimum necessary for the
 1594  efficient and effective administration of the school readiness
 1595  program with the highest priority of expenditure being direct
 1596  services for eligible children. However, no more than 5 percent
 1597  of the funds described in subsection (5) may be used for
 1598  administrative costs and no more than 22 percent of the funds
 1599  described in subsection (5) may be used in any fiscal year for
 1600  any combination of administrative costs, quality activities, and
 1601  nondirect services as follows:
 1602         (a) Administrative costs as described in 45 C.F.R. s.
 1603  98.52, which shall include monitoring providers using the
 1604  standard methodology adopted under s. 1002.82 to improve
 1605  compliance with state and federal regulations and law pursuant
 1606  to the requirements of the statewide provider contract adopted
 1607  under s. 1002.82(2)(m).
 1608         (b) Activities to improve the quality of child care as
 1609  described in 45 C.F.R. s. 98.51, which shall be limited to the
 1610  following:
 1611         1. Developing, establishing, expanding, operating, and
 1612  coordinating resource and referral programs specifically related
 1613  to the provision of comprehensive consumer education to parents
 1614  and the public regarding participation in the school readiness
 1615  program and parental choice.
 1616         2. Awarding grants to school readiness program providers to
 1617  assist them in meeting applicable state requirements for child
 1618  care performance standards, implementing developmentally
 1619  appropriate curricula and related classroom resources that
 1620  support curricula, providing literacy supports, and providing
 1621  professional development. Any grants awarded pursuant to this
 1622  subparagraph shall comply with the requirements of ss. 215.971
 1623  and 287.058.
 1624         3. Providing training and technical assistance for school
 1625  readiness program providers, staff, and parents on standards,
 1626  child screenings, child assessments, developmentally appropriate
 1627  curricula, character development, teacher-child interactions,
 1628  age-appropriate discipline practices, health and safety,
 1629  nutrition, first aid, the recognition of communicable diseases,
 1630  and child abuse detection and prevention.
 1631         4. Providing from among the funds provided for the
 1632  activities described in subparagraphs 1.-3., adequate funding
 1633  for infants and toddlers as necessary to meet federal
 1634  requirements related to expenditures for quality activities for
 1635  infant and toddler care.
 1636         5. Improving the monitoring of compliance with, and
 1637  enforcement of, applicable state and local requirements as
 1638  described in and limited by 45 C.F.R. s. 98.40.
 1639         6. Responding to Warm-Line requests by providers and
 1640  parents related to school readiness program children, including
 1641  providing developmental and health screenings to school
 1642  readiness program children.
 1643         (c) Nondirect services as described in applicable Office of
 1644  Management and Budget instructions are those services not
 1645  defined as administrative, direct, or quality services that are
 1646  required to administer the school readiness program. Such
 1647  services include, but are not limited to:
 1648         1. Assisting families to complete the required application
 1649  and eligibility documentation.
 1650         2. Determining child and family eligibility.
 1651         3. Recruiting eligible child care providers.
 1652         4. Processing and tracking attendance records.
 1653         5. Developing and maintaining a statewide child care
 1654  information system.
 1655  
 1656  As used in this paragraph, the term “nondirect services” does
 1657  not include payments to school readiness program providers for
 1658  direct services provided to children who are eligible under s.
 1659  1002.87, administrative costs as described in paragraph (a), or
 1660  quality activities as described in paragraph (b).
 1661         (7) Funds appropriated for the school readiness program may
 1662  not be expended for the purchase or improvement of land, for the
 1663  purchase, construction, or permanent improvement of any building
 1664  or facility, or for the purchase of buses. However, funds may be
 1665  expended for minor remodeling and upgrading child care
 1666  facilities to ensure that providers meet state and local child
 1667  care standards, including applicable health and safety
 1668  requirements.
 1669         (8) Beginning in the 2014-2015 fiscal year, all state
 1670  appropriated funding for the school readiness program shall be
 1671  allocated to early learning coalitions based on the average
 1672  prior year enrollment and the uniform waiting list as adopted by
 1673  the Early Learning Programs Estimating Conference pursuant to s.
 1674  216.136(8) and using the average market rate by program care
 1675  level and provider type pursuant to s. 1002.895.
 1676         1002.895 Market rate schedule.—The school readiness program
 1677  market rate schedule shall be implemented as follows:
 1678         (1) The office shall establish procedures for the adoption
 1679  of a market rate schedule. The schedule must include, at a
 1680  minimum, county-by-county rates:
 1681         (a) The market rate, including the minimum and the maximum
 1682  rates for child care providers that hold a Gold Seal Quality
 1683  Care designation under s. 402.281.
 1684         (b) The market rate for child care providers that do not
 1685  hold a Gold Seal Quality Care designation.
 1686         (2) The market rate schedule, at a minimum, must:
 1687         (a) Differentiate rates by type, including, but not limited
 1688  to, a child care provider that holds a Gold Seal Quality Care
 1689  designation under s. 402.281, a child care facility licensed
 1690  under s. 402.305, a public or nonpublic school exempt from
 1691  licensure under s. 402.3025, a faith-based child care facility
 1692  exempt from licensure under s. 402.316 that does not hold a Gold
 1693  Seal Quality Care designation, a large family child care home
 1694  licensed under s. 402.3131, or a family day care home licensed
 1695  or registered under s. 402.313.
 1696         (b) Differentiate rates by the type of child care services
 1697  provided for children with special needs or risk categories,
 1698  infants, toddlers, preschool-age children, and school-age
 1699  children.
 1700         (c) Differentiate rates between full-time and part-time
 1701  child care services.
 1702         (d) Consider discounted rates for child care services for
 1703  multiple children in a single family.
 1704         (3) The market rate schedule must be based exclusively on
 1705  the prices charged for child care services.
 1706         (4) The market rate schedule shall be considered by an
 1707  early learning coalition in the adoption of a payment schedule.
 1708  The payment schedule must take into consideration the average
 1709  market rate, include the projected number of children to be
 1710  served, and be submitted for approval by the office. Informal
 1711  child care arrangements shall be reimbursed at not more than 50
 1712  percent of the rate adopted for a family day care home.
 1713         (5) The office may contract with one or more qualified
 1714  entities to administer this section and provide support and
 1715  technical assistance for child care providers.
 1716         (6) The office may adopt rules for establishing procedures
 1717  for the collection of child care providers’ market rate, the
 1718  calculation of the average market rate by program care level and
 1719  provider type in a predetermined geographic market, and the
 1720  publication of the market rate schedule.
 1721         1002.91 Investigations of fraud or overpayment; penalties.—
 1722         (1) As used in this subsection, the term “fraud” means an
 1723  intentional deception, omission, or misrepresentation made by a
 1724  person with knowledge that the deception, omission, or
 1725  misrepresentation may result in unauthorized benefit to that
 1726  person or another person, or any aiding and abetting of the
 1727  commission of such an act. The term includes any act that
 1728  constitutes fraud under applicable federal or state law.
 1729         (2) To recover state, federal, and local matching funds,
 1730  the office shall investigate early learning coalitions,
 1731  recipients, and providers of the school readiness program and
 1732  the Voluntary Prekindergarten Education Program to determine
 1733  possible fraud or overpayment. If by its own inquiries, or as a
 1734  result of a complaint, the office has reason to believe that a
 1735  person, coalition, or provider has engaged in, or is engaging
 1736  in, a fraudulent act, it shall investigate and determine whether
 1737  any overpayment has occurred due to the fraudulent act. During
 1738  the investigation, the office may examine all records, including
 1739  electronic benefits transfer records, and make inquiry of all
 1740  persons who may have knowledge as to any irregularity incidental
 1741  to the disbursement of public moneys or other items or benefits
 1742  authorizations to recipients.
 1743         (3) Based on the results of the investigation, the office
 1744  may, in its discretion, refer the investigation to the
 1745  Department of Financial Services for criminal investigation or
 1746  refer the matter to the applicable coalition. Any suspected
 1747  criminal violation identified by the office must be referred to
 1748  the Department of Financial Services for criminal investigation.
 1749         (4) An early learning coalition may suspend or terminate a
 1750  provider from participation in the school readiness program or
 1751  the Voluntary Prekindergarten Education Program when it has
 1752  reasonable cause to believe that the provider has committed
 1753  fraud. The office shall adopt by rule appropriate due process
 1754  procedures that the early learning coalition shall apply in
 1755  suspending or terminating any provider, including the suspension
 1756  or termination of payment. If suspended, the provider shall
 1757  remain suspended until the completion of any investigation by
 1758  the office, the Department of Financial Services, or any other
 1759  state or federal agency, and any subsequent prosecution or other
 1760  legal proceeding.
 1761         (5) If a school readiness program provider or a Voluntary
 1762  Prekindergarten Education Program provider, or an owner,
 1763  officer, or director thereof, is convicted of, found guilty of,
 1764  or pleads guilty or nolo contendere to, regardless of
 1765  adjudication, public assistance fraud pursuant to s. 414.39, or
 1766  is acting as the beneficial owner for someone who has been
 1767  convicted of, found guilty of, or pleads guilty or nolo
 1768  contendere to, regardless of adjudication, public assistance
 1769  fraud pursuant to s. 414.39, the early learning coalition shall
 1770  refrain from contracting with, or using the services of, that
 1771  provider for a period of 5 years. In addition, the coalition
 1772  shall refrain from contracting with, or using the services of,
 1773  any provider that shares an officer or director with a provider
 1774  that is convicted of, found guilty of, or pleads guilty or nolo
 1775  contendere to, regardless of adjudication, public assistance
 1776  fraud pursuant to s. 414.39 for a period of 5 years.
 1777         (6) If the investigation is not confidential or otherwise
 1778  exempt from disclosure by law, the results of the investigation
 1779  may be reported by the office to the appropriate legislative
 1780  committees, the Department of Children and Families, and such
 1781  other persons as the office deems appropriate.
 1782         (7) The early learning coalition may not contract with a
 1783  school readiness program provider or a Voluntary Prekindergarten
 1784  Education Program provider who is on the United States
 1785  Department of Agriculture National Disqualified List. In
 1786  addition, the coalition may not contract with any provider that
 1787  shares an officer or director with a provider that is on the
 1788  United States Department of Agriculture National Disqualified
 1789  List.
 1790         (8) Each early learning coalition shall adopt an anti-fraud
 1791  plan addressing the detection and prevention of overpayments,
 1792  abuse, and fraud relating to the provision of and payment for
 1793  school readiness program and Voluntary Prekindergarten Education
 1794  Program services and submit the plan to the office for approval.
 1795  The office shall adopt rules establishing criteria for the anti
 1796  fraud plan, including appropriate due process provisions. The
 1797  anti-fraud plan must include, at a minimum:
 1798         (a) A written description or chart outlining the
 1799  organizational structure of the plan’s personnel who are
 1800  responsible for the investigation and reporting of possible
 1801  overpayment, abuse, or fraud.
 1802         (b) A description of the plan’s procedures for detecting
 1803  and investigating possible acts of fraud, abuse, or overpayment.
 1804         (c) A description of the plan’s procedures for the
 1805  mandatory reporting of possible overpayment, abuse, or fraud to
 1806  the Office of Inspector General within the office.
 1807         (d) A description of the plan’s program and procedures for
 1808  educating and training personnel on how to detect and prevent
 1809  fraud, abuse, and overpayment.
 1810         (e) A description of the plan’s procedures, including the
 1811  appropriate due process provisions adopted by the office for
 1812  suspending or terminating from the school readiness program or
 1813  the Voluntary Prekindergarten Education Program a recipient or
 1814  provider who the early learning coalition believes has committed
 1815  fraud.
 1816         (9) A person who commits an act of fraud as defined in this
 1817  section is subject to the penalties provided in s. 414.39(5)(a)
 1818  and (b).
 1819         1002.92 Child care and early childhood resource and
 1820  referral.—
 1821         (1) As a part of the school readiness program, the office
 1822  shall establish a statewide child care resource and referral
 1823  network that is unbiased and provides referrals to families for
 1824  child care and information on available community resources.
 1825  Preference shall be given to using early learning coalitions as
 1826  the child care resource and referral agencies. If an early
 1827  learning coalition cannot comply with the requirements to offer
 1828  the resource information component or does not want to offer
 1829  that service, the early learning coalition shall select the
 1830  resource and referral agency for its county or multicounty
 1831  region based upon the procurement requirements of s.
 1832  1002.84(12).
 1833         (2) At least one child care resource and referral agency
 1834  must be established in each early learning coalition’s county or
 1835  multicounty region. The office shall adopt rules regarding
 1836  accessibility of child care resource and referral services
 1837  offered through child care resource and referral agencies in
 1838  each county or multicounty region which include, at a minimum,
 1839  required hours of operation, methods by which parents may
 1840  request services, and child care resource and referral staff
 1841  training requirements.
 1842         (3) Child care resource and referral agencies shall provide
 1843  the following services:
 1844         (a) Identification of existing public and private child
 1845  care and early childhood education services, including child
 1846  care services by public and private employers, and the
 1847  development of a resource file of those services through the
 1848  single statewide information system developed by the office
 1849  under s. 1002.82(2)(n). These services may include family day
 1850  care, public and private child care programs, the Voluntary
 1851  Prekindergarten Education Program, Head Start, the school
 1852  readiness program, special education programs for
 1853  prekindergarten children with disabilities, services for
 1854  children with developmental disabilities, full-time and part
 1855  time programs, before-school and after-school programs, vacation
 1856  care programs, parent education, the temporary cash assistance
 1857  program, and related family support services. The resource file
 1858  shall include, but not be limited to:
 1859         1. Type of program.
 1860         2. Hours of service.
 1861         3. Ages of children served.
 1862         4. Number of children served.
 1863         5. Program information.
 1864         6. Fees and eligibility for services.
 1865         7. Availability of transportation.
 1866         (b) Establishment of a referral process that responds to
 1867  parental need for information and that is provided with full
 1868  recognition of the confidentiality rights of parents. The
 1869  resource and referral network shall make referrals to legally
 1870  operating child care facilities. Referrals may not be made to a
 1871  child care facility that is operating illegally.
 1872         (c) Maintenance of ongoing documentation of requests for
 1873  service tabulated through the internal referral process through
 1874  the single statewide information system. The following
 1875  documentation of requests for service shall be maintained by the
 1876  child care resource and referral network:
 1877         1. Number of calls and contacts to the child care resource
 1878  information and referral network component by type of service
 1879  requested.
 1880         2. Ages of children for whom service was requested.
 1881         3. Time category of child care requests for each child.
 1882         4. Special time category, such as nights, weekends, and
 1883  swing shift.
 1884         5. Reason that the child care is needed.
 1885         6. Name of the employer and primary focus of the business
 1886  for an employer based child care program.
 1887         (d) Provision of technical assistance to existing and
 1888  potential providers of child care services. This assistance may
 1889  include:
 1890         1. Information on initiating new child care services,
 1891  zoning, and program and budget development and assistance in
 1892  finding such information from other sources.
 1893         2. Information and resources which help existing child care
 1894  services providers to maximize their ability to serve children
 1895  and parents in their community.
 1896         3. Information and incentives that may help existing or
 1897  planned child care services offered by public or private
 1898  employers seeking to maximize their ability to serve the
 1899  children of their working parent employees in their community,
 1900  through contractual or other funding arrangements with
 1901  businesses.
 1902         (e) Assistance to families and employers in applying for
 1903  various sources of subsidy, including, but not limited to, the
 1904  Voluntary Prekindergarten Education Program, the school
 1905  readiness program, Head Start, Project Independence, private
 1906  scholarships, and the federal child and dependent care tax
 1907  credit.
 1908         (f) Assistance to families to negotiate discounts or other
 1909  special arrangements with child care providers.
 1910         (g) Assistance to families in identifying summer recreation
 1911  camp and summer day camp programs to help families make informed
 1912  choice. Contingent upon specific appropriation, a checklist of
 1913  important health and safety qualities that parents can use to
 1914  choose their summer camp programs shall be developed and
 1915  distributed in a manner that will reach parents interested in
 1916  such programs for their children.
 1917         (h) Assistance to families for accessing local community
 1918  resources.
 1919         (4) A child care facility licensed under s. 402.305 and
 1920  licensed and registered family day care homes must provide the
 1921  statewide child care and resource and referral network with the
 1922  following information annually:
 1923         (a) Type of program.
 1924         (b) Hours of service.
 1925         (c) Ages of children served.
 1926         (d) Fees and eligibility for services.
 1927         1002.93 School readiness program transportation services.—
 1928         (1) The office may authorize an early learning coalition to
 1929  establish school readiness program transportation services for
 1930  children at risk of abuse or neglect who are participating in
 1931  the school readiness program, pursuant to chapter 427. The early
 1932  learning coalitions may contract for the provision of
 1933  transportation services as required by this section.
 1934         (2) The transportation servicers may only provide
 1935  transportation to each child participating in the school
 1936  readiness program to the extent that such transportation is
 1937  necessary to provide child care opportunities that otherwise
 1938  would not be available to a child whose home is more than a
 1939  reasonable walking distance from the nearest child care facility
 1940  or family day care home.
 1941         1002.94 Child Care Executive Partnership Program.—
 1942         (1) There is created a body politic and corporate known as
 1943  the Child Care Executive Partnership which shall establish and
 1944  govern the Child Care Executive Partnership Program. The purpose
 1945  of the Child Care Executive Partnership Program is to use state
 1946  and federal funds as incentives for matching local funds derived
 1947  from local governments, employers, charitable foundations, and
 1948  other sources so that Florida communities may create local
 1949  flexible partnerships with employers. The Child Care Executive
 1950  Partnership Program funds shall be used at the discretion of
 1951  local communities to meet the needs of working parents. A child
 1952  care purchasing pool shall be developed with the state, federal,
 1953  and local funds to provide subsidies to low-income working
 1954  parents whose family income does not exceed the allowable income
 1955  for any federally subsidized child care program with a dollar
 1956  for-dollar match from employers, local government, and other
 1957  matching contributions. The funds used from the child care
 1958  purchasing pool must be used to supplement or extend the use of
 1959  existing public or private funds for direct services.
 1960         (2) The Child Care Executive Partnership, staffed by the
 1961  office, shall consist of a representative of the Executive
 1962  Office of the Governor and nine members of the corporate or
 1963  child care community, appointed by the Governor.
 1964         (a) Members shall serve for a period of 4 years, except
 1965  that the representative of the Executive Office of the Governor
 1966  shall serve at the pleasure of the Governor.
 1967         (b) The Child Care Executive Partnership shall be chaired
 1968  by a member chosen by a majority vote and shall meet at least
 1969  quarterly and at other times upon the call of the chair. The
 1970  Child Care Executive Partnership may use any method of
 1971  telecommunications to conduct meetings, including establishing a
 1972  quorum through telecommunications, only if the public is given
 1973  proper notice of a telecommunications meeting and reasonable
 1974  access to observe and, when appropriate, participate.
 1975         (c) Members shall serve without compensation, but may be
 1976  reimbursed for per diem and travel expenses in accordance with
 1977  s. 112.061.
 1978         (d) The Child Care Executive Partnership shall have all the
 1979  powers and authority, not explicitly prohibited by law,
 1980  necessary to carry out and effectuate the purposes of this
 1981  section, as well as the functions, duties, and responsibilities
 1982  of the partnership, including, but not limited to, the
 1983  following:
 1984         1. Making recommendations concerning the implementation and
 1985  coordination of the school readiness program.
 1986         2. Soliciting, accepting, receiving, investing, and
 1987  expending funds from public or private sources.
 1988         3. Contracting with public or private entities as
 1989  necessary.
 1990         4. Approving an annual budget.
 1991         5. Providing a report to the Governor, the Speaker of the
 1992  House of Representatives, and the President of the Senate on or
 1993  before December 1 of each year.
 1994  
 1995  Notwithstanding this subsection, the corporate body politic
 1996  previously established by prior law is the corporate body
 1997  politic for purposes of this section and shall continue in
 1998  existence. All member terms of the existing corporate body
 1999  politic expire as of June 30, 2013, and new members shall be
 2000  appointed beginning July 1, 2013, in accordance with this
 2001  subsection.
 2002         (3)(a) The Legislature shall annually determine the amount
 2003  of state or federal low-income child care moneys which shall be
 2004  used to create Child Care Executive Partnership Program child
 2005  care purchasing pools in counties chosen by the Child Care
 2006  Executive Partnership provided that at least two of the counties
 2007  have populations of no more than 300,000. The Legislature shall
 2008  annually review the effectiveness of the child care purchasing
 2009  pool program and reevaluate the percentage of additional state
 2010  or federal funds, if any, which can be used for the program’s
 2011  expansion.
 2012         (b) To ensure a seamless service delivery and ease of
 2013  access for families, the office shall administer the child care
 2014  purchasing pool funds.
 2015         (c) The office, in conjunction with the Child Care
 2016  Executive Partnership, shall develop procedures for disbursement
 2017  of funds through the child care purchasing pools. In order to be
 2018  considered for funding, an early learning coalition or the
 2019  office must commit to:
 2020         1. Matching the state purchasing pool funds on a dollar
 2021  for-dollar basis.
 2022         2. Expending only those public funds that are matched by
 2023  employers, local government, and other matching contributors who
 2024  contribute to the purchasing pool. Parents shall also pay a fee,
 2025  which may not be less than the amount identified in the early
 2026  learning coalition’s school readiness program sliding fee scale.
 2027         (d) Each early learning coalition shall establish a
 2028  community child care task force for each child care purchasing
 2029  pool. The task force must be composed of employers, parents,
 2030  private child care providers, and one representative from the
 2031  local children’s services council, if one exists in the area of
 2032  the purchasing pool. The early learning coalition is expected to
 2033  recruit the task force members from existing child care
 2034  councils, commissions, or task forces already operating in the
 2035  area of a purchasing pool. A majority of the task force shall
 2036  consist of employers.
 2037         (e) Each participating early learning coalition shall
 2038  develop a plan for the use of child care purchasing pool funds.
 2039  The plan must show how many children will be served by the
 2040  purchasing pool, how many will be new to receiving child care
 2041  services, and how the early learning coalition intends to
 2042  attract new employers and their employees to the program.
 2043         (4) The office may adopt any rules necessary for the
 2044  implementation and administration of this section.
 2045         1002.95 Teacher Education and Compensation Helps (TEACH)
 2046  scholarship program.—
 2047         (1) The office may contract for the administration of the
 2048  Teacher Education and Compensation Helps (TEACH) scholarship
 2049  program, which provides educational scholarships to caregivers
 2050  and administrators of early childhood programs, family day care
 2051  homes, and large family child care homes. The goal of the
 2052  program is to increase the education and training for
 2053  caregivers, increase the compensation for child caregivers who
 2054  complete the program requirements, and reduce the rate of
 2055  participant turnover in the field of early childhood education.
 2056         (2) The office shall adopt rules as necessary to administer
 2057  this section.
 2058         1002.96 Early Head Start collaboration grants.—
 2059         (1) Contingent upon specific appropriation, the office
 2060  shall establish a program to award collaboration grants to
 2061  assist local agencies in securing Early Head Start programs
 2062  through Early Head Start program federal grants. The
 2063  collaboration grants shall provide the required matching funds
 2064  for public and private nonprofit agencies that have been
 2065  approved for Early Head Start program federal grants.
 2066         (2) Public and private nonprofit agencies providing Early
 2067  Head Start programs applying for collaborative grants must:
 2068         (a) Meet the requirements in the Head Start program
 2069  performance standards and other applicable rules and
 2070  regulations.
 2071         (b) Collaborate with other service providers at the local
 2072  level.
 2073         (c) Provide a comprehensive array of health, nutritional,
 2074  and other services to the program’s pregnant women and very
 2075  young children, and their families.
 2076         (3) The office may adopt rules as necessary for the award
 2077  of collaboration grants to competing agencies and the
 2078  administration of the collaboration grants program under this
 2079  section.
 2080         Section 18. Section 411.011, Florida Statutes, is
 2081  transferred, renumbered as section 1002.97, Florida Statutes,
 2082  and amended to read:
 2083         1002.97 411.011 Records of children in the school readiness
 2084  program programs.—
 2085         (1) The individual records of children enrolled in the
 2086  school readiness program programs provided under this part s.
 2087  411.01, held by an early learning coalition or the office of
 2088  Early Learning, are confidential and exempt from s. 119.07(1)
 2089  and s. 24(a), Art. I of the State Constitution. For purposes of
 2090  this section, records include assessment data, health data,
 2091  records of teacher observations, and personal identifying
 2092  information.
 2093         (2) A parent, guardian, or individual acting as a parent in
 2094  the absence of a parent or guardian has the right to inspect and
 2095  review the individual school readiness program record of his or
 2096  her child and to obtain a copy of the record.
 2097         (3) School readiness program records may be released to:
 2098         (a) The United States Secretary of Education, the United
 2099  States Secretary of Health and Human Services, and the
 2100  Comptroller General of the United States for the purpose of
 2101  federal audits and investigations.
 2102         (b) Individuals or organizations conducting studies for
 2103  institutions to develop, validate, or administer assessments or
 2104  improve instruction.
 2105         (c) Accrediting organizations in order to carry out their
 2106  accrediting functions.
 2107         (d) Appropriate parties in connection with an emergency if
 2108  the information is necessary to protect the health or safety of
 2109  the child enrollee or other individuals.
 2110         (e) The Office of Program Policy Analysis and Government
 2111  Accountability and the Auditor General in connection with their
 2112  his or her official functions.
 2113         (f) A court of competent jurisdiction in compliance with an
 2114  order of that court in accordance with a lawfully issued
 2115  subpoena.
 2116         (g) Parties to an interagency agreement among early
 2117  learning coalitions, local governmental agencies, providers of
 2118  the school readiness program programs, state agencies, and the
 2119  office of Early Learning for the purpose of implementing the
 2120  school readiness program.
 2121  
 2122  Agencies, organizations, or individuals that receive school
 2123  readiness program records in order to carry out their official
 2124  functions must protect the data in a manner that does not permit
 2125  the personal identification of a child enrolled in a school
 2126  readiness program and his or her parent parents by persons other
 2127  than those authorized to receive the records.
 2128         Section 19. Paragraph (p) of subsection (3) of section
 2129  11.45, Florida Statutes, is amended to read:
 2130         11.45 Definitions; duties; authorities; reports; rules.—
 2131         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
 2132  General may, pursuant to his or her own authority, or at the
 2133  direction of the Legislative Auditing Committee, conduct audits
 2134  or other engagements as determined appropriate by the Auditor
 2135  General of:
 2136         (p) The school readiness program system, including the
 2137  early learning coalitions, created under part VI of chapter 1002
 2138  s. 411.01.
 2139         Section 20. Paragraph (h) of subsection (3) of section
 2140  20.15, Florida Statutes, is amended to read:
 2141         20.15 Department of Education.—There is created a
 2142  Department of Education.
 2143         (3) DIVISIONS.—The following divisions of the Department of
 2144  Education are established:
 2145         (h) The Office of Early Learning, which shall administer
 2146  the school readiness system in accordance with s. 411.01 and the
 2147  operational requirements of the Voluntary Prekindergarten
 2148  Education Program in accordance with part V of chapter 1002. The
 2149  office is a separate budget entity and is not subject to
 2150  control, supervision, or direction by the Department of
 2151  Education or the State Board of Education in any manner
 2152  including, but not limited to, personnel, purchasing,
 2153  transactions involving personal property, and budgetary matters.
 2154  The office director shall be appointed by the Governor and
 2155  confirmed by the Senate, shall serve at the pleasure of the
 2156  Governor, and shall be the agency head of the office for all
 2157  purposes. The office shall enter into a service agreement with
 2158  the department for professional, technological, and
 2159  administrative support services. The office shall be subject to
 2160  review and oversight by the Chief Inspector General or his or
 2161  her designee.
 2162         Section 21. Section 196.198, Florida Statutes, is amended
 2163  to read:
 2164         196.198 Educational property exemption.—Educational
 2165  institutions within this state and their property used by them
 2166  or by any other exempt entity or educational institution
 2167  exclusively for educational purposes shall be exempt from
 2168  taxation. Sheltered workshops providing rehabilitation and
 2169  retraining of disabled individuals and exempted by a certificate
 2170  under s. (d) of the federal Fair Labor Standards Act of 1938, as
 2171  amended, are declared wholly educational in purpose and shall be
 2172  exempted from certification, accreditation, and membership
 2173  requirements set forth in s. 196.012. Those portions of property
 2174  of college fraternities and sororities certified by the
 2175  president of the college or university to the appropriate
 2176  property appraiser as being essential to the educational process
 2177  shall be exempt from ad valorem taxation. The use of property by
 2178  public fairs and expositions chartered by chapter 616 is
 2179  presumed to be an educational use of such property and shall be
 2180  exempt from ad valorem taxation to the extent of such use.
 2181  Property used exclusively for educational purposes shall be
 2182  deemed owned by an educational institution if the entity owning
 2183  100 percent of the educational institution is owned by the
 2184  identical persons who own the property or if the entity owning
 2185  100 percent of the educational institution and the entity owning
 2186  the property are owned by identical natural persons. Land,
 2187  buildings, and other improvements to real property used
 2188  exclusively for educational purposes shall be deemed owned by an
 2189  educational institution if the entity owning 100 percent of the
 2190  land is a nonprofit entity and the land is used, under a ground
 2191  lease or other contractual arrangement, by an educational
 2192  institution that owns the buildings and other improvements to
 2193  the real property, is a nonprofit entity under s. 501(c)(3) of
 2194  the Internal Revenue Code, and provides education limited to
 2195  students in prekindergarten through grade 8. If legal title to
 2196  property is held by a governmental agency that leases the
 2197  property to a lessee, the property shall be deemed to be owned
 2198  by the governmental agency and used exclusively for educational
 2199  purposes if the governmental agency continues to use such
 2200  property exclusively for educational purposes pursuant to a
 2201  sublease or other contractual agreement with that lessee. If the
 2202  title to land is held by the trustee of an irrevocable inter
 2203  vivos trust and if the trust grantor owns 100 percent of the
 2204  entity that owns an educational institution that is using the
 2205  land exclusively for educational purposes, the land is deemed to
 2206  be property owned by the educational institution for purposes of
 2207  this exemption. Property owned by an educational institution
 2208  shall be deemed to be used for an educational purpose if the
 2209  institution has taken affirmative steps to prepare the property
 2210  for educational use. Affirmative steps means environmental or
 2211  land use permitting activities, creation of architectural plans
 2212  or schematic drawings, land clearing or site preparation,
 2213  construction or renovation activities, or other similar
 2214  activities that demonstrate commitment of the property to an
 2215  educational use.
 2216         Section 22. Paragraph (a) of subsection (8) of section
 2217  216.136, Florida Statutes, is amended to read:
 2218         216.136 Consensus estimating conferences; duties and
 2219  principals.—
 2220         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
 2221         (a) The Early Learning Programs Estimating Conference shall
 2222  develop estimates and forecasts of the unduplicated count of
 2223  children eligible for the school readiness program programs in
 2224  accordance with the standards of eligibility established in s.
 2225  1002.87 411.01(6), and of children eligible for the Voluntary
 2226  Prekindergarten Education Program in accordance with s.
 2227  1002.53(2), as the conference determines are needed to support
 2228  the state planning, budgeting, and appropriations processes.
 2229         Section 23. Paragraph (b) of subsection (1) and subsection
 2230  (3) of section 402.281, Florida Statutes, are amended to read:
 2231         402.281 Gold Seal Quality Care program.—
 2232         (1)
 2233         (b) A child care facility, large family child care home, or
 2234  family day care home that is accredited by an a nationally
 2235  recognized accrediting association approved by the department
 2236  under subsection (3) and meets all other requirements shall,
 2237  upon application to the department, receive a separate “Gold
 2238  Seal Quality Care” designation.
 2239         (3)(a) In order to be approved by the department for
 2240  participation in the Gold Seal Quality Care program, an
 2241  accrediting association must apply to the department and
 2242  demonstrate that it:
 2243         1. Is a nationally recognized accrediting association.
 2244         2. Has accrediting standards that substantially meet or
 2245  exceed the Gold Seal Quality Care standards adopted by the
 2246  department under subsection (2).
 2247         (b) In approving accrediting associations, the Department
 2248  of Children and Families shall consult with the Department of
 2249  Education, the Florida Head Start Directors Association, the
 2250  Florida Association of Child Care Management, the Florida Family
 2251  Child Day Care Home Association, the Florida Children’s Forum,
 2252  the Florida Association for the Education of the Young Early
 2253  Childhood Association of Florida, the Child Development
 2254  Education Alliance, the Florida Association of Academic
 2255  Nonpublic Schools, the Association of Early Learning Coalitions,
 2256  providers receiving exemptions under s. 402.316, and parents.
 2257         Section 24. Subsection (9) of section 402.302, Florida
 2258  Statutes, is amended to read:
 2259         402.302 Definitions.—As used in this chapter, the term:
 2260         (9) “Household children” means children who are related by
 2261  blood, marriage, or legal adoption to, or who are the legal
 2262  wards of, the family day care home operator, the large family
 2263  child care home operator, or an adult household member who
 2264  permanently or temporarily resides in the home. Supervision of
 2265  the operator’s household children shall be left to the
 2266  discretion of the operator unless those children receive
 2267  subsidized child care through the school readiness program
 2268  pursuant to s. 1002.92 411.0101 to be in the home.
 2269         Section 25. Paragraph (c) of subsection (1) of section
 2270  402.305, Florida Statutes, is amended to read:
 2271         402.305 Licensing standards; child care facilities.—
 2272         (1) LICENSING STANDARDS.—The department shall establish
 2273  licensing standards that each licensed child care facility must
 2274  meet regardless of the origin or source of the fees used to
 2275  operate the facility or the type of children served by the
 2276  facility.
 2277         (c) The minimum standards for child care facilities shall
 2278  be adopted in the rules of the department and shall address the
 2279  areas delineated in this section. The department, in adopting
 2280  rules to establish minimum standards for child care facilities,
 2281  shall recognize that different age groups of children may
 2282  require different standards. The department may adopt different
 2283  minimum standards for facilities that serve children in
 2284  different age groups, including school-age children. The
 2285  department shall also adopt by rule a definition for child care
 2286  which distinguishes between child care programs that require
 2287  child care licensure and after-school programs that do not
 2288  require licensure. Notwithstanding any other provision of law to
 2289  the contrary, minimum child care licensing standards shall be
 2290  developed to provide for reasonable, affordable, and safe
 2291  before-school and after-school care. After-school programs that
 2292  otherwise meet the criteria for exclusion from licensure may
 2293  provide snacks and meals through the federal Afterschool Meal
 2294  Program (AMP) administered by the Department of Health in
 2295  accordance with federal regulations and standards. The
 2296  Department of Health shall consider meals to be provided through
 2297  the AMP only if the program is actively participating in the
 2298  AMP, is in good standing with the department, and the meals meet
 2299  AMP requirements. Standards, at a minimum, shall allow for a
 2300  credentialed director to supervise multiple before-school and
 2301  after-school sites.
 2302         Section 26. Paragraph (c) of subsection (1) and subsection
 2303  (4) of section 445.023, Florida Statutes, are amended to read:
 2304         445.023 Program for dependent care for families with
 2305  children with special needs.—
 2306         (1) There is created the program for dependent care for
 2307  families with children with special needs. This program is
 2308  intended to provide assistance to families with children who
 2309  meet the following requirements:
 2310         (c) The family meets the income guidelines established
 2311  under s. 1002.87 411.01(6), notwithstanding any financial
 2312  eligibility criteria to the contrary in s. 414.075, s. 414.085,
 2313  or s. 414.095.
 2314         (4) In addition to school readiness program services
 2315  provided under part VI of chapter 1002 s. 411.01, dependent care
 2316  may be provided for children age 13 years and older who are in
 2317  need of care due to disability and where such care is needed for
 2318  the parent to accept or continue employment or otherwise
 2319  participate in work activities. The amount of subsidy shall be
 2320  consistent with the rates for special needs child care
 2321  established by the department. Dependent care needed for
 2322  employment may be provided as transitional services for up to 2
 2323  years after eligibility for temporary cash assistance ends.
 2324         Section 27. Paragraph (a) of subsection (2) of section
 2325  490.014, Florida Statutes, is amended to read:
 2326         490.014 Exemptions.—
 2327         (2) No person shall be required to be licensed or
 2328  provisionally licensed under this chapter who:
 2329         (a) Is a salaried employee of a government agency; a
 2330  developmental disability facility or program; a mental health,
 2331  alcohol, or drug abuse facility operating under chapter 393,
 2332  chapter 394, or chapter 397; the statewide child care resource
 2333  and referral network operating under s. 1002.92 411.0101; a
 2334  child-placing or child-caring agency licensed pursuant to
 2335  chapter 409; a domestic violence center certified pursuant to
 2336  chapter 39; an accredited academic institution; or a research
 2337  institution, if such employee is performing duties for which he
 2338  or she was trained and hired solely within the confines of such
 2339  agency, facility, or institution, so long as the employee is not
 2340  held out to the public as a psychologist pursuant to s.
 2341  490.012(1)(a).
 2342         Section 28. Paragraph (a) of subsection (4) of section
 2343  491.014, Florida Statutes, is amended to read:
 2344         491.014 Exemptions.—
 2345         (4) No person shall be required to be licensed,
 2346  provisionally licensed, registered, or certified under this
 2347  chapter who:
 2348         (a) Is a salaried employee of a government agency; a
 2349  developmental disability facility or program; a mental health,
 2350  alcohol, or drug abuse facility operating under chapter 393,
 2351  chapter 394, or chapter 397; the statewide child care resource
 2352  and referral network operating under s. 1002.92 411.0101; a
 2353  child-placing or child-caring agency licensed pursuant to
 2354  chapter 409; a domestic violence center certified pursuant to
 2355  chapter 39; an accredited academic institution; or a research
 2356  institution, if such employee is performing duties for which he
 2357  or she was trained and hired solely within the confines of such
 2358  agency, facility, or institution, so long as the employee is not
 2359  held out to the public as a clinical social worker, mental
 2360  health counselor, or marriage and family therapist.
 2361         Section 29. Paragraph (b) of subsection (1) of section
 2362  1001.11, Florida Statutes, is amended to read:
 2363         1001.11 Commissioner of Education; other duties.—
 2364         (1) The Commissioner of Education must independently
 2365  perform the following duties:
 2366         (b) Serve as the primary source of information to the
 2367  Legislature, including the President of the Senate and the
 2368  Speaker of the House of Representatives, concerning the State
 2369  Board of Education, and the K-20 education system, and early
 2370  learning programs.
 2371         Section 30. Sections 411.01, 411.0101, 411.01013,
 2372  411.01014, 411.01015, 411.0102, 411.0103, 411.0104, 411.0105,
 2373  and 411.0106, Florida Statutes, are repealed.
 2374         Section 31. Within existing Senior Management Service and
 2375  Selected Exempt Service positions authorized for the Office of
 2376  Early Learning, a Senior Management Service position for a
 2377  general counsel and a Selected Exempt Service position for an
 2378  inspector general are authorized for the office.
 2379         Section 32. By October 1, 2013, the Office of Early
 2380  Learning, in collaboration with the Commissioner of Education,
 2381  shall develop a reorganization plan for the office. The plan
 2382  shall include any changes made prior to July 1, 2013; personnel,
 2383  purchasing, and budgetary matters and their alignment with the
 2384  duties and responsibilities of the office; a report of all
 2385  outstanding contractual obligations; and recommendations for
 2386  statutory and budgetary changes. The plan shall be provided to
 2387  the Governor, the President of the Senate, and the Speaker of
 2388  the House of Representatives.
 2389         Section 33. This act shall take effect July 1, 2013.
 2390  
 2391  ================= T I T L E  A M E N D M E N T ================
 2392         And the title is amended as follows:
 2393         Delete everything before the enacting clause
 2394  and insert:
 2395                        A bill to be entitled                      
 2396         An act relating to early learning; creating s.
 2397         1001.213, F.S.; creating the Office of Early Learning
 2398         within the Department of Education’s Office of
 2399         Independent Education and Parental Choice; providing
 2400         duties relating to the establishment and operation of
 2401         the school readiness program and the Voluntary
 2402         Prekindergarten Education Program; amending s.
 2403         1002.51, F.S.; conforming a cross-reference; providing
 2404         a definition; amending s. 1002.53, F.S.; clarifying
 2405         Voluntary Prekindergarten Education Program student
 2406         enrollment provisions; amending s. 1002.55, F.S.;
 2407         providing additional requirements for private
 2408         prekindergarten providers and instructors; providing
 2409         duties of the office; amending s. 1002.57, F.S.;
 2410         requiring the office to adopt standards for a
 2411         prekindergarten director credential; amending s.
 2412         1002.59, F.S.; requiring the office to adopt standards
 2413         for training courses; amending s. 1002.61, F.S.;
 2414         providing a requirement for a public school delivering
 2415         the summer prekindergarten program; amending s.
 2416         1002.63, F.S.; providing a requirement for a public
 2417         school delivering the school-year prekindergarten
 2418         program; amending s. 1002.66, F.S.; deleting obsolete
 2419         provisions; amending s. 1002.67, F.S.; requiring the
 2420         office to adopt performance standards for students in
 2421         the Voluntary Prekindergarten Education Program and
 2422         approve curricula; revising provisions relating to
 2423         removal of provider eligibility, submission of an
 2424         improvement plan, and required corrective actions;
 2425         amending s. 1002.69, F.S.; providing duties of the
 2426         office relating to statewide kindergarten screening,
 2427         kindergarten readiness rates, and good cause
 2428         exemptions for providers; amending s. 1002.71, F.S.;
 2429         revising provisions relating to payment of funds to
 2430         providers; amending s. 1002.72, F.S.; providing for
 2431         the release of Voluntary Prekindergarten Education
 2432         Program student records for the purpose of
 2433         investigations; amending s. 1002.75, F.S.; revising
 2434         duties of the office for administering the Voluntary
 2435         Prekindergarten Education Program; amending s.
 2436         1002.77, F.S.; revising provisions relating to the
 2437         Florida Early Learning Advisory Council; amending s.
 2438         1002.79, F.S.; deleting certain State Board of
 2439         Education rulemaking authority for the Voluntary
 2440         Prekindergarten Education Program; creating part VI of
 2441         ch. 1002, F.S., consisting of ss. 1002.81-1002.96,
 2442         relating to the school readiness program; providing
 2443         definitions; providing powers and duties of the Office
 2444         of Early Learning; providing for early learning
 2445         coalitions; providing early learning coalition powers
 2446         and duties for the school readiness program; providing
 2447         requirements for early learning coalition plans;
 2448         providing a school readiness program education
 2449         component; providing school readiness program
 2450         eligibility and enrollment requirements; providing
 2451         school readiness program provider standards and
 2452         eligibility to deliver the school readiness program;
 2453         providing school readiness program funding; providing
 2454         a market rate schedule; providing for the
 2455         investigation of fraud or overpayment; providing
 2456         penalties; providing for child care and early
 2457         childhood resource and referral; providing for school
 2458         readiness program transportation services; providing
 2459         for the Child Care Executive Partnership Program;
 2460         providing for the Teacher Education and Compensation
 2461         Helps scholarship program; providing for Early Head
 2462         Start collaboration grants; transferring, renumbering,
 2463         and amending s. 411.011, F.S., relating to the
 2464         confidentiality of records of children in the school
 2465         readiness program; revising provisions with respect to
 2466         the release of records; amending s. 11.45, F.S.;
 2467         conforming a cross-reference; amending s. 20.15, F.S.;
 2468         conforming provisions; amending s. 196.198, F.S.;
 2469         revising provisions relating to educational property
 2470         tax exemption; amending s. 216.136, F.S.; conforming a
 2471         cross-reference; amending s. 402.281, F.S.; revising
 2472         requirements relating to receipt of a Gold Seal
 2473         Quality Care designation; amending s. 402.302, F.S.;
 2474         conforming a cross-reference; amending s. 402.305,
 2475         F.S.; providing that certain child care after-school
 2476         programs may provide meals through a federal program;
 2477         amending ss. 445.023, 490.014, and 491.014, F.S.;
 2478         conforming cross-references; amending s. 1001.11,
 2479         F.S.; providing a duty of the Commissioner of
 2480         Education relating to early learning programs;
 2481         repealing s. 411.01, F.S., relating to the school
 2482         readiness program and early learning coalitions;
 2483         repealing s. 411.0101, F.S., relating to child care
 2484         and early childhood resource and referral; repealing
 2485         s. 411.01013, F.S., relating to the prevailing market
 2486         rate schedule; repealing s. 411.01014, F.S., relating
 2487         to school readiness transportation services; repealing
 2488         s. 411.01015, F.S., relating to consultation to child
 2489         care centers and family day care homes; repealing s.
 2490         411.0102, F.S., relating to the Child Care Executive
 2491         Partnership Act; repealing s. 411.0103, F.S., relating
 2492         to the Teacher Education and Compensation Helps
 2493         scholarship program; repealing s. 411.0104, relating
 2494         to Early Head Start collaboration grants; repealing s.
 2495         411.0105, F.S., relating to the Early Learning
 2496         Opportunities Act and Even Start Family Literacy
 2497         Programs; repealing s. 411.0106, F.S., relating to
 2498         infants and toddlers in state-funded education and
 2499         care programs; authorizing specified positions for the
 2500         Office of Early Learning; requiring the office to
 2501         develop a reorganization plan for the office and
 2502         submit the plan to the Governor and the Legislature;
 2503         providing an effective date.