Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 1702
       
       
       
       
       
       
                                Ì768468^Î768468                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/30/2014 10:16 AM       .                                
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       Senator Legg moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 1249 - 1460
    4  and insert:
    5         Section 20. Subsection (1) of section 1002.75, Florida
    6  Statutes, is amended to read:
    7         1002.75 Office of Early Learning; powers and duties.—
    8         (1) The Office of Early Learning shall adopt by rule a
    9  standard statewide provider contract to be used with each
   10  Voluntary Prekindergarten Education Program provider, with
   11  standardized attachments by provider type. The office shall
   12  publish a copy of the standard statewide provider contract on
   13  its website. The standard statewide contract must shall include,
   14  at a minimum, provisions that:
   15         (a) Govern for provider probation, termination for cause,
   16  and emergency termination for those actions or inactions of a
   17  provider that pose an immediate and serious danger to the
   18  health, safety, or welfare of children. The standard statewide
   19  contract must shall also include appropriate due process
   20  procedures. During the pendency of an appeal of a termination,
   21  the provider may not continue to offer its services.
   22         (b) Require each private prekindergarten provider to
   23  conspicuously post violations on the premises, pursuant to s.
   24  402.3125(1)(b), and to post class I and class II violations, as
   25  defined by rules of the Department of Children and Families,
   26  which result in disciplinary action, on the provider’s Internet
   27  website, if available. Such postings must use simple language to
   28  describe each violation with specificity and include a copy of
   29  the citation and the contact information of the Department of
   30  Children and Families or the local licensing agency from which
   31  the parent may obtain additional information regarding the
   32  citation. The provider must post such violations within 24 hours
   33  after receipt of the citation. Additionally, such provider shall
   34  post each inspection report on the premises in an area visible
   35  to parents, which report must remain posted until the next
   36  inspection report is available.
   37         (c) Specify that child care personnel employed by the
   38  provider who are responsible for supervising children in care
   39  must be trained in developmentally appropriate practices aligned
   40  to the age and needs of children over which the personnel are
   41  assigned supervision duties. This requirement is met by the
   42  completion of developmentally appropriate practice courses
   43  administered by the Department of Children and Families under s.
   44  402.305(2)(d)1. within 30 days after being assigned such
   45  children if the child care personnel has not previously
   46  completed the training.
   47  
   48  Any provision imposed upon a provider that is inconsistent with,
   49  or prohibited by, law is void and unenforceable.
   50         Section 21. Subsections (1), (3), and (5) of section
   51  1002.77, Florida Statutes, are amended to read:
   52         1002.77 Florida Early Learning Advisory Council.—
   53         (1) There is created the Florida Early Learning Advisory
   54  Council within the Office of Early Learning. The purpose of the
   55  advisory council is to provide written input submit
   56  recommendations to the executive director office on early
   57  learning best practices, including recommendations relating to
   58  the most effective program administration; of the Voluntary
   59  Prekindergarten Education Program under this part and the school
   60  readiness program under part VI of this chapter. The advisory
   61  council shall periodically analyze and provide recommendations
   62  to the office on the effective and efficient use of local,
   63  state, and federal funds; the content of professional
   64  development training programs; and best practices for the
   65  development and implementation of coalition plans pursuant to s.
   66  1002.85.
   67         (3) The advisory council shall meet at least quarterly upon
   68  the call of the executive director but may meet as often as
   69  necessary to carry out its duties and responsibilities. The
   70  executive director is encouraged to advisory council may use
   71  communications media technology any method of telecommunications
   72  to conduct meetings in accordance with s. 120.54(5)(b),
   73  including establishing a quorum through telecommunications, only
   74  if the public is given proper notice of a telecommunications
   75  meeting and reasonable access to observe and, when appropriate,
   76  participate.
   77         (5) The Office of Early Learning shall provide staff and
   78  administrative support for the advisory council as determined by
   79  the executive director.
   80         Section 22. Paragraph (f) of subsection (1) and subsections
   81  (8) and (16) of section 1002.81, Florida Statutes, are amended
   82  to read:
   83         1002.81 Definitions.—Consistent with the requirements of 45
   84  C.F.R. parts 98 and 99 and as used in this part, the term:
   85         (1) “At-risk child” means:
   86         (f) A child in the custody of a parent who is considered
   87  homeless as verified by a designated lead agency on the homeless
   88  assistance continuum of care established under ss. 420.622
   89  420.624 Department of Children and Families certified homeless
   90  shelter.
   91         (8) “Family income” means the combined gross income,
   92  whether earned or unearned, that is derived from any source by
   93  all family or household members who are 18 years of age or older
   94  who are currently residing together in the same dwelling unit.
   95  The term does not include:
   96         (a) Income earned by a currently enrolled high school
   97  student who, since attaining the age of 18 years, or a student
   98  with a disability who, since attaining the age of 22 years, has
   99  not terminated school enrollment or received a high school
  100  diploma, high school equivalency diploma, special diploma, or
  101  certificate of high school completion.
  102         (b) Income earned by a teen parent residing in the same
  103  residence as a separate family unit.
  104         (c) Selected items from the state’s Child Care and
  105  Development Fund Plan, such as The term also does not include
  106  food stamp benefits, documented child support and alimony
  107  payments paid out of the home, or federal housing assistance
  108  payments issued directly to a landlord or the associated
  109  utilities expenses.
  110         (16) “Working family” means:
  111         (a) A single-parent family in which the parent with whom
  112  the child resides is employed or engaged in eligible work or
  113  education activities for at least 20 hours per week or is exempt
  114  from work requirements due to age or disability, as determined
  115  and documented by a physician licensed under chapter 458 or
  116  chapter 459;
  117         (b) A two-parent family in which both parents with whom the
  118  child resides are employed or engaged in eligible work or
  119  education activities for a combined total of at least 40 hours
  120  per week; or
  121         (c) A two-parent family in which one of the parents with
  122  whom the child resides is exempt from work requirements due to
  123  age or disability, as determined and documented by a physician
  124  licensed under chapter 458 or chapter 459, and one parent is
  125  employed or engaged in eligible work or education activities at
  126  least 20 hours per week; or
  127         (d) A two-parent family in which both of the parents with
  128  whom the child resides are exempt from work requirements due to
  129  age or disability, as determined and documented by a physician
  130  licensed under chapter 458 or chapter 459.
  131         Section 23. Paragraphs (b), (j), (m), and (p) of subsection
  132  (2) of section 1002.82, Florida Statutes, are amended to read:
  133         1002.82 Office of Early Learning; powers and duties.—
  134         (2) The office shall:
  135         (b) Preserve parental choice by permitting parents to
  136  choose from a variety of child care categories authorized in s.
  137  1002.88(1)(a), including center-based care, family child care,
  138  and informal child care to the extent authorized in the state’s
  139  Child Care and Development Fund Plan as approved by the United
  140  States Department of Health and Human Services pursuant to 45
  141  C.F.R. s. 98.18. Care and curriculum by a faith-based provider
  142  may not be limited or excluded in any of these categories.
  143         (j) Develop and adopt standards and benchmarks that address
  144  the age-appropriate progress of children in the development of
  145  school readiness skills. The standards for children from birth
  146  to 5 years of age in the school readiness program must be
  147  aligned with the performance standards adopted for children in
  148  the Voluntary Prekindergarten Education Program and must address
  149  the following domains:
  150         1. Approaches to learning.
  151         2. Cognitive development and general knowledge.
  152         3. Numeracy, language, and communication.
  153         4. Physical development.
  154         5. Self-regulation.
  155  
  156  By July 1, 2015, the Office of Early Learning shall develop and
  157  implement an online training course on the performance standards
  158  for school readiness program provider personnel pursuant to this
  159  paragraph.
  160         (m) Adopt by rule a standard statewide provider contract to
  161  be used with each school readiness program provider, with
  162  standardized attachments by provider type. The office shall
  163  publish a copy of the standard statewide provider contract on
  164  its website. The standard statewide contract must shall include,
  165  at a minimum, provisions that:
  166         1. Govern for provider probation, termination for cause,
  167  and emergency termination for those actions or inactions of a
  168  provider that pose an immediate and serious danger to the
  169  health, safety, or welfare of the children. The standard
  170  statewide provider contract must shall also include appropriate
  171  due process procedures. During the pendency of an appeal of a
  172  termination, the provider may not continue to offer its
  173  services.
  174         2. Require each provider that is eligible to provide the
  175  program pursuant to s. 1002.88(1)(a) to conspicuously post
  176  violations, in an area visible to parents, on the premises,
  177  pursuant to s. 402.3125(1)(b), and to post class I and class II
  178  violations, as defined by rule of the Department of Children and
  179  Families, which result in disciplinary action, on the provider’s
  180  Internet website, if available. Such postings must use simple
  181  language to describe each violation with specificity and include
  182  a copy of the citation and the contact information of the
  183  Department of Children and Families or the local licensing
  184  agency from which the parent may obtain additional information
  185  regarding the citation. The provider must post such violations
  186  within 24 hours after receipt of the citation. Additionally,
  187  such provider shall post each inspection report on the premises
  188  in an area visible to parents, which report must remain posted
  189  until the next inspection report is available.
  190         3. Specify that child care personnel employed by the
  191  provider who are responsible for supervising children in care
  192  must be trained in developmentally appropriate practices aligned
  193  to the age and needs of children over which the personnel are
  194  assigned supervision duties. This requirement is met by
  195  completion of developmentally appropriate practice courses
  196  administered by the Department of Children and Families under s.
  197  402.305(2)(d)1. within 30 days after being assigned such
  198  children if the child care personnel has not previously
  199  completed the training.
  200         4. Require child care personnel who are employed by the
  201  provider to complete an online training course on the
  202  performance standards adopted pursuant to paragraph (j).
  203  
  204  Any provision imposed upon a provider that is inconsistent with,
  205  or prohibited by, law is void and unenforceable.
  206         (p) Monitor and evaluate the performance of each early
  207  learning coalition in administering the school readiness program
  208  and the Voluntary Prekindergarten Education Program, ensuring
  209  proper payments for school readiness program and Voluntary
  210  Prekindergarten Education Program services, and implementing the
  211  coalition’s school readiness program plan, and administering the
  212  Voluntary Prekindergarten Education Program. These monitoring
  213  and performance evaluations must include, at a minimum, onsite
  214  monitoring of each coalition’s finances, management, operations,
  215  and programs.