Florida Senate - 2014                                    SB 1702
       
       
        
       By the Committee on Education
       
       
       
       
       
       581-03214A-14                                         20141702__
    1                        A bill to be entitled                      
    2         An act relating to education; providing a directive to
    3         the Division of Law Revision and Information; changing
    4         the term “school readiness program” to “child care and
    5         development program,” the term “school readiness” to
    6         “child care and development,” and the term “family day
    7         care home” to “family child care home”; amending s.
    8         39.604, F.S.; revising provisions relating to the
    9         Rilya Wilson Act; amending ss. 125.0109 and 166.0445,
   10         F.S.; including large family child care homes in local
   11         zoning regulation requirements; amending s. 402.302,
   12         F.S.; conforming provisions to changes made by the
   13         act; amending s. 402.3025, F.S.; providing
   14         requirements for nonpublic schools delivering certain
   15         voluntary prekindergarten education programs and child
   16         care and development programs; amending s. 402.305,
   17         F.S.; revising certain minimum standards for child
   18         care facilities; authorizing the Department of
   19         Children and Families to adopt rules for compliance by
   20         certain programs not licensed by the department;
   21         amending s. 402.311, F.S.; providing for the
   22         inspection of programs regulated by the department;
   23         amending s. 402.3115, F.S.; providing for abbreviated
   24         inspections of specified child care homes; requiring
   25         rulemaking; amending s. 402.313, F.S.; revising
   26         provisions for licensure, registration, and operation
   27         of family day care homes; amending s. 402.3131, F.S.;
   28         revising requirements for large family child care
   29         homes; amending s. 402.316, F.S., relating to
   30         exemptions from child care facility licensing
   31         standards; requiring a child care facility operating
   32         as a provider of certain voluntary prekindergarten
   33         education programs or child care programs to comply
   34         with minimum standards; providing penalties for
   35         failure to disclose or for use of certain information;
   36         requiring the department to establish a fee for
   37         inspection and compliance activities; amending s.
   38         627.70161, F.S.; revising restrictions on residential
   39         property insurance coverage to include coverage for
   40         large family child care homes; amending s. 1001.213,
   41         F.S.; providing additional duties of the Office of
   42         Early Learning; amending s. 1002.53, F.S.; revising
   43         requirements for application and determination of
   44         eligibility to enroll in the Voluntary Prekindergarten
   45         (VPK) Education Program; amending s. 1002.55, F.S.;
   46         revising requirements for a school-year
   47         prekindergarten program delivered by a private
   48         prekindergarten provider, including requirements for
   49         providers, instructors, and child care personnel;
   50         providing requirements in the case of provider
   51         violations; amending s. 1002.59, F.S.; correcting a
   52         cross-reference; amending ss. 1002.61 and 1002.63,
   53         F.S.; revising employment requirements and educational
   54         credentials of certain instructional personnel;
   55         amending s. 1002.71, F.S.; revising information that
   56         must be reported to parents; amending s. 1002.75,
   57         F.S.; revising provisions included in the standard
   58         statewide VPK program provider contract; amending s.
   59         1002.77, F.S.; revising the purpose and meetings of
   60         the Florida Early Learning Advisory Council; amending
   61         s. 1002.81, F.S.; revising certain program
   62         definitions; amending s. 1002.82, F.S.; revising the
   63         powers and duties of the Office of Early Learning;
   64         revising provisions included in the standard statewide
   65         child care and development program provider contract;
   66         amending s. 1002.84, F.S.; revising the powers and
   67         duties of early learning coalitions; conforming
   68         provisions to changes made by the act; amending s.
   69         1002.87, F.S.; revising student eligibility and
   70         enrollment requirements for the child care and
   71         development program; conforming provisions to changes
   72         made by the act; amending s. 1002.88, F.S.; revising
   73         eligibility requirements for program providers that
   74         want to deliver the child care and development
   75         program; providing conditions for denial of initial
   76         eligibility; providing child care personnel
   77         requirements; amending s. 1002.89, F.S.; revising the
   78         use of funds for the child care and development
   79         program; conforming provisions to changes made by the
   80         act; amending s. 1002.91, F.S.; prohibiting an early
   81         learning coalition from contracting with specified
   82         persons; amending s. 1002.94, F.S.; revising
   83         establishment of a community child care task force by
   84         an early learning coalition; providing an effective
   85         date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. The Division of Law Revision and Information is
   90  directed to prepare a reviser’s bill for the 2015 Regular
   91  Session of the Legislature to change the term “school readiness
   92  program” to “child care and development program,” the term
   93  “school readiness” to “child care and development,” and the term
   94  “family day care home” to “family child care home” wherever they
   95  appear in the Florida Statutes.
   96         Section 2. Subsection (3) of section 39.604, Florida
   97  Statutes, is amended to read:
   98         39.604 Rilya Wilson Act; short title; legislative intent;
   99  requirements; attendance and reporting responsibilities.—
  100         (3) REQUIREMENTS.—A child who is age birth 3 years to age
  101  of school entry, under court-ordered court ordered protective
  102  supervision or in the custody of the Family Safety Program
  103  Office of the Department of Children and Families Family
  104  Services or a community-based lead agency, and enrolled in a
  105  licensed early education or child care program must attend be
  106  enrolled to participate in the program 5 days a week.
  107  Notwithstanding the requirements of s. 39.202, the Department of
  108  Children and Families Family Services must notify operators of
  109  the licensed early education or child care program, subject to
  110  the reporting requirements of this act, of the enrollment of any
  111  child age birth 3 years to age of school entry, under court
  112  ordered court ordered protective supervision or in the custody
  113  of the Family Safety Program Office of the Department of
  114  Children and Families Family Services or a community-based lead
  115  agency. When a child is enrolled in an early education or child
  116  care program regulated by the department, the child’s attendance
  117  in the program must be a required action in the case plan
  118  developed for the a child pursuant to this chapter who is
  119  enrolled in a licensed early education or child care program
  120  must contain the participation in this program as a required
  121  action. An exemption to participating in the licensed early
  122  education or child care program 5 days a week may be granted by
  123  the court.
  124         Section 3. Section 125.0109, Florida Statutes, is amended
  125  to read:
  126         125.0109 Family child day care homes and large family child
  127  care homes; local zoning regulation.—The operation of a
  128  residence as a family child day care home or large family child
  129  care home, as defined in s. 402.302, licensed or registered
  130  pursuant to s. 402.313 or s. 402.3131, as applicable,
  131  constitutes, as defined by law, registered or licensed with the
  132  Department of Children and Family Services shall constitute a
  133  valid residential use for purposes of any local zoning
  134  regulations, and no such regulation shall require the owner or
  135  operator of such family child day care home or large family
  136  child care home to obtain any special exemption or use permit or
  137  waiver, or to pay any special fee in excess of $50, to operate
  138  in an area zoned for residential use.
  139         Section 4. Section 166.0445, Florida Statutes, is amended
  140  to read:
  141         166.0445 Family child day care homes and large family child
  142  care homes; local zoning regulation.—The operation of a
  143  residence as a family child day care home or large family child
  144  care home, as defined in s. 402.302, licensed or registered
  145  pursuant to s. 402.313 or s. 402.3131, as applicable,
  146  constitutes, as defined by law, registered or licensed with the
  147  Department of Children and Family Services shall constitute a
  148  valid residential use for purposes of any local zoning
  149  regulations, and no such regulation may not shall require the
  150  owner or operator of such family child day care home or large
  151  family child care home to obtain any special exemption or use
  152  permit or waiver, or to pay any special fee in excess of $50, to
  153  operate in an area zoned for residential use.
  154         Section 5. Subsection (8) of section 402.302, Florida
  155  Statutes, is amended to read:
  156         402.302 Definitions.—As used in this chapter, the term:
  157         (8) “Family child day care home” means an occupied
  158  residence in which child care is regularly provided for children
  159  from at least two unrelated families and which receives a
  160  payment, fee, or grant for any of the children receiving care,
  161  whether or not operated for profit. Household children under 13
  162  years of age, when on the premises of the family child day care
  163  home or on a field trip with children enrolled in child care,
  164  shall be included in the overall capacity of the licensed home.
  165  A family child day care home shall be allowed to provide care
  166  for one of the following groups of children, which shall include
  167  household children under 13 years of age:
  168         (a) A maximum of four children from birth to 12 months of
  169  age.
  170         (b) A maximum of three children from birth to 12 months of
  171  age, and other children, for a maximum total of six children.
  172         (c) A maximum of six preschool children if all are older
  173  than 12 months of age.
  174         (d) A maximum of 10 children if no more than 5 are
  175  preschool age and, of those 5, no more than 2 are under 12
  176  months of age.
  177         Section 6. Paragraphs (d) and (e) of subsection (2) of
  178  section 402.3025, Florida Statutes, are amended to read:
  179         402.3025 Public and nonpublic schools.—For the purposes of
  180  ss. 402.301-402.319, the following shall apply:
  181         (2) NONPUBLIC SCHOOLS.—
  182         (d)1. Nonpublic schools delivering programs under s.
  183  1002.55, s. 1002.61, or s. 1002.88 Programs for children who are
  184  at least 3 years of age, but under 5 years of age, which are not
  185  licensed under ss. 402.301-402.319 shall substantially comply
  186  with the minimum child care standards adopted promulgated
  187  pursuant to ss. 402.305-402.3057.
  188         2. The department or local licensing agency shall enforce
  189  compliance with such standards, where possible, to eliminate or
  190  minimize duplicative inspections or visits by staff enforcing
  191  the minimum child care standards and staff enforcing other
  192  standards under the jurisdiction of the department.
  193         3. The department or local licensing agency may inspect
  194  programs operating under this paragraph and pursue
  195  administrative or judicial action under ss. 402.310-402.312
  196  against nonpublic schools operating under this paragraph
  197  commence and maintain all proper and necessary actions and
  198  proceedings for any or all of the following purposes:
  199         a. to protect the health, sanitation, safety, and well
  200  being of all children under care.
  201         b. To enforce its rules and regulations.
  202         c. To use corrective action plans, whenever possible, to
  203  attain compliance prior to the use of more restrictive
  204  enforcement measures.
  205         d. To make application for injunction to the proper circuit
  206  court, and the judge of that court shall have jurisdiction upon
  207  hearing and for cause shown to grant a temporary or permanent
  208  injunction, or both, restraining any person from violating or
  209  continuing to violate any of the provisions of ss. 402.301
  210  402.319. Any violation of this section or of the standards
  211  applied under ss. 402.305-402.3057 which threatens harm to any
  212  child in the school’s programs for children who are at least 3
  213  years of age, but are under 5 years of age, or repeated
  214  violations of this section or the standards under ss. 402.305
  215  402.3057, shall be grounds to seek an injunction to close a
  216  program in a school.
  217         e. To impose an administrative fine, not to exceed $100,
  218  for each violation of the minimum child care standards
  219  promulgated pursuant to ss. 402.305-402.3057.
  220         4. It is a misdemeanor of the first degree, punishable as
  221  provided in s. 775.082 or s. 775.083, for any person willfully,
  222  knowingly, or intentionally to:
  223         a. Fail, by false statement, misrepresentation,
  224  impersonation, or other fraudulent means, to disclose in any
  225  required written documentation for exclusion from licensure
  226  pursuant to this section a material fact used in making a
  227  determination as to such exclusion; or
  228         b. Use information from the criminal records obtained under
  229  s. 402.305 or s. 402.3055 for any purpose other than screening
  230  that person for employment as specified in those sections or
  231  release such information to any other person for any purpose
  232  other than screening for employment as specified in those
  233  sections.
  234         5. It is a felony of the third degree, punishable as
  235  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  236  person willfully, knowingly, or intentionally to use information
  237  from the juvenile records of any person obtained under s.
  238  402.305 or s. 402.3055 for any purpose other than screening for
  239  employment as specified in those sections or to release
  240  information from such records to any other person for any
  241  purpose other than screening for employment as specified in
  242  those sections.
  243         6. The inclusion of nonpublic schools within options
  244  available under ss. 1002.55, 1002.61, and 1002.88 does not
  245  expand the regulatory authority of the state, its officers, or
  246  any early learning coalition to impose any additional regulation
  247  of nonpublic schools beyond those reasonably necessary to
  248  enforce requirements expressly set forth in this paragraph.
  249         (e) The department and the nonpublic school accrediting
  250  agencies are encouraged to develop agreements to facilitate the
  251  enforcement of the minimum child care standards as they relate
  252  to the schools which the agencies accredit.
  253         Section 7. Paragraphs (a) and (d) of subsection (2),
  254  paragraph (b) of subsection (9), and subsections (10) and (18)
  255  of section 402.305, Florida Statutes, are amended, and
  256  subsection (19) is added to that section, to read:
  257         402.305 Licensing standards; child care facilities.—
  258         (2) PERSONNEL.—Minimum standards for child care personnel
  259  shall include minimum requirements as to:
  260         (a) Good moral character based upon screening, according to
  261  the level 2 screening requirements of. This screening shall be
  262  conducted as provided in chapter 435, using the level 2
  263  standards for screening set forth in that chapter. In addition
  264  to the offenses listed in s. 435.04, all child care personnel
  265  required to undergo background screening pursuant to this
  266  section may not have an arrest awaiting final disposition for,
  267  may not have been found guilty of, regardless of adjudication,
  268  or entered a plea of nolo contendere or guilty to, and may not
  269  have been adjudicated delinquent and have a record that has been
  270  sealed or expunged for an offense specified in s. 39.205.
  271         (d) Minimum training requirements for child care personnel.
  272         1. Such minimum standards for training shall ensure that
  273  all child care personnel take an approved 40-clock-hour
  274  introductory course in child care, which course covers at least
  275  the following topic areas:
  276         a. State and local rules and regulations which govern child
  277  care.
  278         b. Health, safety, and nutrition.
  279         c. Identifying and reporting child abuse and neglect.
  280         d. Child development, including typical and atypical
  281  language, cognitive, motor, social, and self-help skills
  282  development.
  283         e. Observation of developmental behaviors, including using
  284  a checklist or other similar observation tools and techniques to
  285  determine the child’s developmental age level.
  286         f. Specialized areas, including computer technology for
  287  professional and classroom use and numeracy, early literacy, and
  288  language development of children from birth to 5 years of age,
  289  as determined by the department, for owner-operators and child
  290  care personnel of a child care facility.
  291         g. Developmental disabilities, including autism spectrum
  292  disorder and Down syndrome, and early identification, use of
  293  available state and local resources, classroom integration, and
  294  positive behavioral supports for children with developmental
  295  disabilities.
  296  
  297  Within 90 days after employment, child care personnel shall
  298  begin training to meet the training requirements. Child care
  299  personnel shall successfully complete such training within 1
  300  year after the date on which the training began, as evidenced by
  301  passage of a competency examination. Successful completion of
  302  the 40-clock-hour introductory course shall articulate into
  303  community college credit in early childhood education, pursuant
  304  to ss. 1007.24 and 1007.25. Exemption from all or a portion of
  305  the required training shall be granted to child care personnel
  306  based upon educational credentials or passage of competency
  307  examinations. Child care personnel possessing a 2-year degree or
  308  higher that includes 6 college credit hours in early childhood
  309  development or child growth and development, or a child
  310  development associate credential or an equivalent state-approved
  311  child development associate credential, or a child development
  312  associate waiver certificate shall be automatically exempted
  313  from the training requirements in sub-subparagraphs b., d., and
  314  e.
  315         2. The introductory course in child care shall stress, to
  316  the extent possible, an interdisciplinary approach to the study
  317  of children.
  318         3. The introductory course shall cover recognition and
  319  prevention of shaken baby syndrome; prevention of sudden infant
  320  death syndrome; recognition and care of infants and toddlers
  321  with developmental disabilities, including autism spectrum
  322  disorder and Down syndrome; and early childhood brain
  323  development within the topic areas identified in this paragraph.
  324         4. On an annual basis in order to further their child care
  325  skills and, if appropriate, administrative skills, child care
  326  personnel who have fulfilled the requirements for the child care
  327  training shall be required to take an additional 1 continuing
  328  education unit of approved inservice training, or 10 clock hours
  329  of equivalent training, as determined by the department.
  330         5. Child care personnel shall be required to complete 0.5
  331  continuing education unit of approved training or 5 clock hours
  332  of equivalent training, as determined by the department, in
  333  numeracy, early literacy, and language development of children
  334  from birth to 5 years of age one time. The year that this
  335  training is completed, it shall fulfill the 0.5 continuing
  336  education unit or 5 clock hours of the annual training required
  337  in subparagraph 4.
  338         6. Procedures for ensuring the training of qualified child
  339  care professionals to provide training of child care personnel,
  340  including onsite training, shall be included in the minimum
  341  standards. It is recommended that the state community child care
  342  coordination agencies (central agencies) be contracted by the
  343  department to coordinate such training when possible. Other
  344  district educational resources, such as community colleges and
  345  career programs, can be designated in such areas where central
  346  agencies may not exist or are determined not to have the
  347  capability to meet the coordination requirements set forth by
  348  the department.
  349         7. Training requirements do shall not apply to certain
  350  occasional or part-time support staff, including, but not
  351  limited to, swimming instructors, piano teachers, dance
  352  instructors, and gymnastics instructors.
  353         8. The department shall evaluate or contract for an
  354  evaluation for the general purpose of determining the status of
  355  and means to improve staff training requirements and testing
  356  procedures. The evaluation shall be conducted every 2 years. The
  357  evaluation must shall include, but not be limited to,
  358  determining the availability, quality, scope, and sources of
  359  current staff training; determining the need for specialty
  360  training; and determining ways to increase inservice training
  361  and ways to increase the accessibility, quality, and cost
  362  effectiveness of current and proposed staff training. The
  363  evaluation methodology must shall include a reliable and valid
  364  survey of child care personnel.
  365         9. The child care operator shall be required to take basic
  366  training in serving children with disabilities within 5 years
  367  after employment, either as a part of the introductory training
  368  or the annual 8 hours of inservice training.
  369         (9) ADMISSIONS AND RECORDKEEPING.—
  370         (b) During the months of August and September of each year,
  371  Each child care facility shall provide parents of children
  372  enrolling enrolled in the facility detailed information
  373  regarding the causes, symptoms, and transmission of the
  374  influenza virus in an effort to educate those parents regarding
  375  the importance of immunizing their children against influenza as
  376  recommended by the Advisory Committee on Immunization Practices
  377  of the Centers for Disease Control and Prevention.
  378         (10) TRANSPORTATION SAFETY.—Minimum standards must shall
  379  include requirements for child restraints or seat belts in
  380  vehicles used by child care facilities, and large family child
  381  care homes, and family child care homes to transport children,
  382  requirements for annual inspections of the vehicles, limitations
  383  on the number of children in the vehicles, and accountability
  384  for children being transported.
  385         (18) TRANSFER OF OWNERSHIP.—
  386         (a) One week before prior to the transfer of ownership of a
  387  child care facility, or family child day care home, or large
  388  family child care home, the transferor shall notify the parent
  389  or caretaker of each child of the impending transfer.
  390         (b) The owner of a child care facility, family child care
  391  home, or large family child care home may not transfer ownership
  392  to a relative of the operator if the operator has had his or her
  393  license suspended or revoked by the department pursuant to s.
  394  402.310, has received notice from the department that reasonable
  395  cause exists to suspend or revoke the license, or has been
  396  placed on the United States Department of Agriculture National
  397  Disqualified List. For purposes of this paragraph, “relative”
  398  means father, mother, son, daughter, grandfather, grandmother,
  399  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
  400  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
  401  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  402  stepdaughter, stepbrother, stepsister, half-brother, or half
  403  sister.
  404         (c)(b) The department shall, by rule, establish methods by
  405  which notice will be achieved and minimum standards by which to
  406  implement this subsection.
  407         (19) RULES.—The department may adopt rules to define and
  408  enforce substantial compliance with minimum standards for child
  409  care facilities for programs operating under s. 1002.55, s.
  410  1002.61, or s. 1002.88 that are regulated, but not licensed, by
  411  the department.
  412         Section 8. Section 402.311, Florida Statutes, is amended to
  413  read:
  414         402.311 Inspection.—A licensed child care facility or
  415  program regulated by the department shall accord to the
  416  department or the local licensing agency, whichever is
  417  applicable, the privilege of inspection, including access to
  418  facilities and personnel and to those records required in s.
  419  402.305, at reasonable times during regular business hours, to
  420  ensure compliance with the provisions of ss. 402.301-402.319.
  421  The right of entry and inspection shall also extend to any
  422  premises which the department or local licensing agency has
  423  reason to believe are being operated or maintained as a child
  424  care facility or program without a license, but no such entry or
  425  inspection of any premises shall be made without the permission
  426  of the person in charge thereof unless a warrant is first
  427  obtained from the circuit court authorizing same. Any
  428  application for a license, application for authorization to
  429  operate a child care program which must maintain substantial
  430  compliance with child care standards adopted under this chapter,
  431  or renewal of such license or authorization made pursuant to
  432  this act or the advertisement to the public for the provision of
  433  child care as defined in s. 402.302 constitutes shall constitute
  434  permission for any entry to or inspection of the subject
  435  premises for which the license is sought in order to facilitate
  436  verification of the information submitted on or in connection
  437  with the application. In the event a licensed facility or
  438  program refuses permission for entry or inspection to the
  439  department or local licensing agency, a warrant shall be
  440  obtained from the circuit court authorizing same before prior to
  441  such entry or inspection. The department or local licensing
  442  agency may institute disciplinary proceedings pursuant to s.
  443  402.310, for such refusal.
  444         Section 9. Section 402.3115, Florida Statutes, is amended
  445  to read:
  446         402.3115 Elimination of duplicative and unnecessary
  447  inspections; Abbreviated inspections.—The Department of Children
  448  and Family Services and local governmental agencies that license
  449  child care facilities shall develop and implement a plan to
  450  eliminate duplicative and unnecessary inspections of child care
  451  facilities. In addition, The department and the local licensing
  452  governmental agencies shall conduct develop and implement an
  453  abbreviated inspections of inspection plan for child care
  454  facilities licensed under s. 402.305, family child care homes
  455  licensed under s. 402.313, and large family child care homes
  456  licensed under s. 402.3131 that have had no Class I 1 or Class
  457  II violations 2 deficiencies, as defined by rule, for at least 2
  458  consecutive years. The abbreviated inspection must include those
  459  elements identified by the department and the local licensing
  460  governmental agencies as being key indicators of whether the
  461  child care facility continues to provide quality care and
  462  programming. The department shall adopt rules establishing
  463  criteria and procedures for abbreviated inspections and
  464  inspection schedules that provide for both announced and
  465  unannounced inspections.
  466         Section 10. Section 402.313, Florida Statutes, is amended
  467  to read:
  468         402.313 Family child day care homes.—
  469         (1) A family child day care home must homes shall be
  470  licensed under this section act if it is they are presently
  471  being licensed under an existing county licensing ordinance, or
  472  if the board of county commissioners passes a resolution that
  473  requires licensure of family child day care homes, or the family
  474  child care home is operating a program under s. 1002.55, s.
  475  1002.61, or s. 1002.88 be licensed. Each licensed or registered
  476  family child care home must conspicuously display its license or
  477  registration in an area viewable by all parents during hours of
  478  operation.
  479         (a) If not subject to license, a family child day care home
  480  must comply with this section and homes shall register annually
  481  with the department, providing the following information:
  482         1. The name and address of the home.
  483         2. The name of the operator.
  484         3. The number of children served.
  485         4. Proof of a written plan to identify a provide at least
  486  one other competent adult who has met the screening and training
  487  requirements of the department to serve as a designated to be
  488  available to substitute for the operator in an emergency. This
  489  plan must shall include the name, address, and telephone number
  490  of the designated substitute who will serve in the absence of
  491  the operator.
  492         5. Proof of screening and background checks.
  493         6. Proof of successful completion of the 30-hour training
  494  course, as evidenced by passage of a competency examination,
  495  which shall include:
  496         a. State and local rules and regulations that govern child
  497  care.
  498         b. Health, safety, and nutrition.
  499         c. Identifying and reporting child abuse and neglect.
  500         d. Child development, including typical and atypical
  501  language development; and cognitive, motor, social, and self
  502  help skills development.
  503         e. Observation of developmental behaviors, including using
  504  a checklist or other similar observation tools and techniques to
  505  determine a child’s developmental level.
  506         f. Specialized areas, including early literacy and language
  507  development of children from birth to 5 years of age, as
  508  determined by the department, for owner-operators of family day
  509  care homes.
  510         5.7. Proof that immunization records are kept current.
  511         8. Proof of completion of the required continuing education
  512  units or clock hours.
  513  
  514  Upon receipt of registration information submitted by a family
  515  child care home, the department shall verify that the home is in
  516  compliance with the background screening requirements in
  517  subsection (3) and that the operator and the designated
  518  substitute have successfully completed the 30-clock-hour
  519  training course, as evidenced by passage of a competency
  520  examination, and required continuing education units or clock
  521  hours.
  522         (b) A family child day care home may volunteer to be
  523  licensed under this act.
  524         (c) The department may provide technical assistance to
  525  counties and operators of family child day care homes home
  526  providers to enable counties and operators family day care
  527  providers to achieve compliance with family child day care home
  528  homes standards.
  529         (2) This information shall be included in a directory to be
  530  published annually by the department to inform the public of
  531  available child care facilities.
  532         (3) Child care personnel in family child day care homes are
  533  shall be subject to the applicable screening provisions
  534  contained in ss. 402.305(2) and 402.3055. For purposes of
  535  screening in family child day care homes, the term “child care
  536  personnel” includes the operator, the designated substitute, any
  537  member over the age of 12 years of a family child day care home
  538  operator’s family, or persons over the age of 12 years residing
  539  with the operator in the family child day care home. Members of
  540  the operator’s family, or persons residing with the operator,
  541  who are between the ages of 12 years and 18 years may shall not
  542  be required to be fingerprinted, but shall be screened for
  543  delinquency records.
  544         (4) Operators of family child day care homes and an
  545  individual serving as a substitute for the operator must:
  546         (a) Successfully complete an approved 30-clock-hour
  547  introductory course in child care, as evidenced by passage of a
  548  competency examination, before caring for children. The course
  549  must include:
  550         1. State and local rules and regulations that govern child
  551  care.
  552         2. Health, safety, and nutrition.
  553         3. Identifying and reporting child abuse and neglect.
  554         4. Child development, including typical and atypical
  555  language development, and cognitive, motor, social, and
  556  executive functioning skills development.
  557         5. Observation of developmental behaviors, including using
  558  a checklist or other similar observation tools and techniques to
  559  determine a child’s developmental level.
  560         6. Specialized areas, including numeracy, early literacy,
  561  and language development of children from birth to 5 years of
  562  age, as determined by the department, for operators of family
  563  child care homes.
  564         (b)(5)Annually In order to further develop their child
  565  care skills and, if appropriate, their administrative skills,
  566  operators of family day care homes shall be required to complete
  567  an additional 1 continuing education unit of approved training
  568  regarding child care and administrative skills or 10 clock hours
  569  of equivalent training, as determined by the department,
  570  annually.
  571         (c)(6) Operators of family day care homes shall be required
  572  to Complete a 0.5 continuing education unit of approved training
  573  in numeracy, early literacy, and language development of
  574  children from birth to 5 years of age one time. The year that
  575  this training is completed, it shall fulfill the 0.5 continuing
  576  education unit or 5 clock hours of the annual training required
  577  in paragraph (b) subsection (5).
  578         (5)(7) Operators of family child day care homes must shall
  579  be required annually to complete a health and safety home
  580  inspection self-evaluation checklist developed by the department
  581  in conjunction with the statewide resource and referral program.
  582  The completed checklist shall be signed by the operator of the
  583  family child day care home and provided to parents as
  584  certification that basic health and safety standards are being
  585  met.
  586         (6)(8)Operators of family child day care homes home
  587  operators may avail themselves of supportive services offered by
  588  the department.
  589         (7)(9) The department shall prepare a brochure on family
  590  child day care for distribution by the department and by local
  591  licensing agencies, if appropriate, to family child day care
  592  homes for distribution to parents using utilizing such child
  593  care, and to all interested persons, including physicians and
  594  other health professionals; mental health professionals; school
  595  teachers or other school personnel; social workers or other
  596  professional child care, foster care, residential, or
  597  institutional workers; and law enforcement officers. The
  598  brochure shall, at a minimum, contain the following information:
  599         (a) A brief description of the requirements for family
  600  child day care registration, training, and background
  601  fingerprinting and screening.
  602         (b) A listing of those counties that require licensure of
  603  family child day care homes. Such counties shall provide an
  604  addendum to the brochure that provides a brief description of
  605  the licensure requirements or may provide a brochure in lieu of
  606  the one described in this subsection, provided it contains all
  607  the required information on licensure and the required
  608  information in the subsequent paragraphs.
  609         (c) A statement indicating that information about the
  610  family child day care home’s compliance with applicable state or
  611  local requirements can be obtained from by telephoning the
  612  department office or the office of the local licensing agency,
  613  including the, if appropriate, at a telephone number or numbers
  614  and website address for the department or local licensing
  615  agency, as applicable which shall be affixed to the brochure.
  616         (d) The statewide toll-free telephone number of the central
  617  abuse hotline, together with a notice that reports of suspected
  618  and actual child physical abuse, sexual abuse, and neglect are
  619  received and referred for investigation by the hotline.
  620         (e) Any other information relating to competent child care
  621  that the department or local licensing agency, if preparing a
  622  separate brochure, considers deems would be helpful to parents
  623  and other caretakers in their selection of a family child day
  624  care home.
  625         (8)(10) On an annual basis, the department shall evaluate
  626  the registration and licensure system for family child day care
  627  homes. Such evaluation shall, at a minimum, address the
  628  following:
  629         (a) The number of family child day care homes registered
  630  and licensed and the dates of such registration and licensure.
  631         (b) The number of children being served in both registered
  632  and licensed family child day care homes and any available slots
  633  in such homes.
  634         (c) The number of complaints received concerning family
  635  child day care, the nature of the complaints, and the resolution
  636  of such complaints.
  637         (d) The training activities used utilized by child care
  638  personnel in family child day care homes for meeting the state
  639  or local training requirements.
  640  
  641  The evaluation shall be used utilized by the department in any
  642  administrative modifications or adjustments to be made in the
  643  registration of family child day care homes or in any
  644  legislative requests for modifications to the system of
  645  registration or to other requirements for family child day care
  646  homes.
  647         (11) In order to inform the public of the state requirement
  648  for registration of family day care homes as well as the other
  649  requirements for such homes to legally operate in the state, the
  650  department shall institute a media campaign to accomplish this
  651  end. Such a campaign shall include, at a minimum, flyers,
  652  newspaper advertisements, radio advertisements, and television
  653  advertisements.
  654         (9)(12) Notwithstanding any other state or local law or
  655  ordinance, any family child day care home licensed pursuant to
  656  this chapter or pursuant to a county ordinance shall be charged
  657  the utility rates accorded to a residential home. A licensed
  658  family child day care home may not be charged commercial utility
  659  rates.
  660         (10)(13) The department shall, by rule, establish minimum
  661  standards for family child day care homes that are required to
  662  be licensed by county licensing ordinance or county licensing
  663  resolution or that voluntarily choose to be licensed. The
  664  standards should include requirements for staffing, training,
  665  maintenance of immunization records, minimum health and safety
  666  standards, reduced standards for the regulation of child care
  667  during evening hours by municipalities and counties, and
  668  enforcement of standards.
  669         (11)(14)During the months of August and September of each
  670  year, Each family child day care home shall provide parents of
  671  children enrolling enrolled in the home detailed information
  672  regarding the causes, symptoms, and transmission of the
  673  influenza virus in an effort to educate those parents regarding
  674  the importance of immunizing their children against influenza as
  675  recommended by the Advisory Committee on Immunization Practices
  676  of the Centers for Disease Control and Prevention.
  677         Section 11. Subsections (3), (5), and (9) of section
  678  402.3131, Florida Statutes, are amended, and subsection (10) is
  679  added to that section, to read:
  680         402.3131 Large family child care homes.—
  681         (3) Operators of large family child care homes must
  682  successfully complete an approved 40-clock-hour introductory
  683  course in group child care, including numeracy, early literacy,
  684  and language development of children from birth to 5 years of
  685  age, as evidenced by passage of a competency examination.
  686  Successful completion of the 40-clock-hour introductory course
  687  shall articulate into community college credit in early
  688  childhood education, pursuant to ss. 1007.24 and 1007.25.
  689         (5) Operators of large family child care homes shall be
  690  required to complete 0.5 continuing education unit of approved
  691  training or 5 clock hours of equivalent training, as determined
  692  by the department, in numeracy, early literacy, and language
  693  development of children from birth to 5 years of age one time.
  694  The year that this training is completed, it shall fulfill the
  695  0.5 continuing education unit or 5 clock hours of the annual
  696  training required in subsection (4).
  697         (9) During the months of August and September of each year,
  698  Each large family child care home shall provide parents of
  699  children enrolling enrolled in the home detailed information
  700  regarding the causes, symptoms, and transmission of the
  701  influenza virus in an effort to educate those parents regarding
  702  the importance of immunizing their children against influenza as
  703  recommended by the Advisory Committee on Immunization Practices
  704  of the Centers for Disease Control and Prevention.
  705         (10) Notwithstanding any other state or local law or
  706  ordinance, any large family child care home licensed pursuant to
  707  this chapter or pursuant to a county ordinance may not be
  708  charged commercial utility rates, but shall be charged the rates
  709  accorded to a residential home.
  710         Section 12. Subsections (4), (5), and (6) are added to
  711  section 402.316, Florida Statutes, to read:
  712         402.316 Exemptions.—
  713         (4) A child care facility operating under subsection (1)
  714  which is applying to operate or is operating as a provider of a
  715  program described in s. 1002.55, s. 1002.61, or s. 1002.88 must
  716  substantially comply with the minimum standards for child care
  717  facilities adopted pursuant to ss. 402.305-402.3057 and must
  718  allow the department or local licensing agency access to monitor
  719  and enforce compliance with such standards.
  720         (a) The department or local licensing agency may pursue
  721  administrative or judicial action under ss. 402.310-402.312 and
  722  the rules adopted under those sections against any child care
  723  facility operating under this subsection to enforce substantial
  724  compliance with child care facility minimum standards or to
  725  protect the health, safety, and well-being of any children in
  726  the facility’s care. A child care facility operating under this
  727  subsection is subject to ss. 402.310-402.312 and the rules
  728  adopted under those sections to the same extent as a child care
  729  facility licensed under ss. 402.301–402.319.
  730         (b) It is a misdemeanor of the first degree, punishable as
  731  provided in s. 775.082 or s. 775.083, for a person willfully,
  732  knowingly, or intentionally to:
  733         1. Fail, by false statement, misrepresentation,
  734  impersonation, or other fraudulent means, to disclose in any
  735  required written documentation for exclusion from licensure
  736  pursuant to this section a material fact used in making a
  737  determination as to such exclusion; or
  738         2. Use information from the criminal records obtained under
  739  s. 402.305 or s. 402.3055 for a purpose other than screening
  740  that person for employment as specified in those sections or to
  741  release such information to any other person for a purpose other
  742  than screening for employment as specified in those sections.
  743         (c) It is a felony of the third degree, punishable as
  744  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
  745  willfully, knowingly, or intentionally to use information from
  746  the juvenile records of a person obtained under s. 402.305 or s.
  747  402.3055 for a purpose other than screening for employment as
  748  specified in those sections or to release information from such
  749  records to any other person for a purpose other than screening
  750  for employment as specified in those sections.
  751         (5) The department shall establish a fee for inspection and
  752  compliance activities performed pursuant to this section in an
  753  amount sufficient to cover costs. However, the amount of such
  754  fee for the inspection of a program may not exceed the fee
  755  imposed for child care licensure pursuant to s. 402.315.
  756         (6) The inclusion of a child care facility operating under
  757  subsection (1) as a provider of a program described in s.
  758  1002.55, s. 1002.61, or s. 1002.88 does not expand the
  759  regulatory authority of the state, its officers, or any early
  760  learning coalition to impose any additional regulation of child
  761  care facilities beyond those reasonably necessary to enforce
  762  requirements expressly set forth in this section.
  763         Section 13. Section 627.70161, Florida Statutes, is amended
  764  to read:
  765         627.70161 Residential property insurance coverage; family
  766  child day care homes and large family child care homes
  767  insurance.—
  768         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  769  family child day care homes and large family child care homes
  770  fulfill a vital role in providing child care in Florida. It is
  771  the intent of the Legislature that residential property
  772  insurance coverage should not be canceled, denied, or nonrenewed
  773  solely because child on the basis of the family day care
  774  services are provided at the residence. The Legislature also
  775  recognizes that the potential liability of residential property
  776  insurers is substantially increased by the rendition of child
  777  care services on the premises. The Legislature therefore finds
  778  that there is a public need to specify that contractual
  779  liabilities associated that arise in connection with the
  780  operation of a the family child day care home or large family
  781  child care home are excluded from residential property insurance
  782  policies unless they are specifically included in such coverage.
  783         (2) DEFINITIONS.—As used in this section, the term:
  784         (a) “Child care” means the care, protection, and
  785  supervision of a child, for a period up to of less than 24 hours
  786  a day on a regular basis, which supplements parental care,
  787  enrichment, and health supervision for the child, in accordance
  788  with his or her individual needs, and for which a payment, fee,
  789  or grant is made for care.
  790         (b) “Family child day care home” has the same meaning as
  791  provided in s. 402.302(8) means an occupied residence in which
  792  child care is regularly provided for children from at least two
  793  unrelated families and which receives a payment, fee, or grant
  794  for any of the children receiving care, whether or not operated
  795  for a profit.
  796         (c) “Large family child care home” has the same meaning as
  797  provided in s. 402.302(11).
  798         (3) CHILD FAMILY DAY CARE; COVERAGE.—A residential property
  799  insurance policy may shall not provide coverage for liability
  800  for claims arising out of, or in connection with, the operation
  801  of a family child day care home or large family child care home,
  802  and the insurer shall be under no obligation to defend against
  803  lawsuits covering such claims, unless:
  804         (a) Specifically covered in a policy; or
  805         (b) Covered by a rider or endorsement for business coverage
  806  attached to a policy.
  807         (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
  808  insurer may not deny, cancel, or refuse to renew a policy for
  809  residential property insurance solely on the basis that the
  810  policyholder or applicant operates a family child day care home
  811  or large family child care home. In addition to other lawful
  812  reasons for refusing to insure, an insurer may deny, cancel, or
  813  refuse to renew a policy of a family child day care home or
  814  large family child care home provider if one or more of the
  815  following conditions occur:
  816         (a) The policyholder or applicant provides care for more
  817  children than authorized for family child day care homes or
  818  large family child care homes by s. 402.302;
  819         (b) The policyholder or applicant fails to maintain a
  820  separate commercial liability policy or an endorsement providing
  821  liability coverage for the family child day care home or large
  822  family child care home operations;
  823         (c) The policyholder or applicant fails to comply with the
  824  family child day care home licensure and registration
  825  requirements specified in s. 402.313 or the large family child
  826  care home licensure requirements specified in s. 402.3131; or
  827         (d) Discovery of willful or grossly negligent acts or
  828  omissions or any violations of state laws or regulations
  829  establishing safety standards for family child day care homes
  830  and large family child care homes by the named insured or his or
  831  her representative which materially increase any of the risks
  832  insured.
  833         Section 14. Subsections (7), (8), and (9) are added to
  834  section 1001.213, Florida Statutes, to read:
  835         1001.213 Office of Early Learning.—There is created within
  836  the Office of Independent Education and Parental Choice the
  837  Office of Early Learning, as required under s. 20.15, which
  838  shall be administered by an executive director. The office shall
  839  be fully accountable to the Commissioner of Education but shall:
  840         (7) Hire a general counsel who reports directly to the
  841  executive director of the office.
  842         (8) Hire an inspector general who reports directly to the
  843  executive director of the office and to the Chief Inspector
  844  General pursuant to s. 14.32.
  845         (9) By July 1, 2016, develop and implement, in consultation
  846  with early learning coalitions and providers of the Voluntary
  847  Prekindergarten Education Program and the child care and
  848  development program, best practices for providing parental
  849  notifications in the parent’s native language to a parent whose
  850  native language is a language other than English.
  851         Section 15. Subsection (4) of section 1002.53, Florida
  852  Statutes, is amended to read:
  853         1002.53 Voluntary Prekindergarten Education Program;
  854  eligibility and enrollment.—
  855         (4)(a) Each parent enrolling a child in the Voluntary
  856  Prekindergarten Education Program must complete and submit an
  857  application to the early learning coalition through the single
  858  point of entry established under s. 1002.82 or to a private
  859  prekindergarten provider if the provider is authorized by the
  860  early learning coalition to determine student eligibility for
  861  enrollment in the program.
  862         (b) The application must be submitted on forms prescribed
  863  by the Office of Early Learning and must be accompanied by a
  864  certified copy of the child’s birth certificate. The forms must
  865  include a certification, in substantially the form provided in
  866  s. 1002.71(6)(b)2., that the parent chooses the private
  867  prekindergarten provider or public school in accordance with
  868  this section and directs that payments for the program be made
  869  to the provider or school. The Office of Early Learning may
  870  authorize alternative methods for submitting proof of the
  871  child’s age in lieu of a certified copy of the child’s birth
  872  certificate.
  873         (c) If a private prekindergarten provider has been
  874  authorized to determine child eligibility and enrollment, upon
  875  receipt of an application, the provider must:
  876         1. Determine the child’s eligibility for the program and be
  877  responsible for any errors in such determination.
  878         2. Retain the original application and certified copy of
  879  the child’s birth certificate or authorized alternative proof of
  880  age on file for at least 5 years.
  881  
  882  The early learning coalition may audit applications held by a
  883  private prekindergarten provider in the coalition’s service area
  884  to determine whether children enrolled and reported for funding
  885  by the provider have met the eligibility criteria in subsection
  886  (2).
  887         (d)(c) Each early learning coalition shall coordinate with
  888  each of the school districts within the coalition’s county or
  889  multicounty region in the development of procedures for
  890  enrolling children in prekindergarten programs delivered by
  891  public schools, including procedures for making child
  892  eligibility determinations and auditing enrollment records to
  893  confirm that enrolled children have met eligibility
  894  requirements.
  895         Section 16. Section 1002.55, Florida Statutes, is amended
  896  to read:
  897         1002.55 School-year prekindergarten program delivered by
  898  private prekindergarten providers.—
  899         (1) Each early learning coalition shall administer the
  900  Voluntary Prekindergarten Education Program at the county or
  901  regional level for students enrolled under s. 1002.53(3)(a) in a
  902  school-year prekindergarten program delivered by a private
  903  prekindergarten provider. Each early learning coalition shall
  904  cooperate with the Office of Early Learning and the Child Care
  905  Services Program Office of the Department of Children and
  906  Families to reduce paperwork and to avoid duplicating
  907  interagency activities, health and safety monitoring, and
  908  acquiring and composing data pertaining to child care training
  909  and credentialing.
  910         (2) Each school-year prekindergarten program delivered by a
  911  private prekindergarten provider must comprise at least 540
  912  instructional hours.
  913         (3) To be eligible to deliver the prekindergarten program,
  914  a private prekindergarten provider must meet each of the
  915  following requirements:
  916         (a) The private prekindergarten provider must be a child
  917  care facility licensed under s. 402.305, family day care home
  918  licensed under s. 402.313, large family child care home licensed
  919  under s. 402.3131, nonpublic school exempt from licensure under
  920  s. 402.3025(2), or faith-based child care provider exempt from
  921  licensure under s. 402.316.
  922         (a)(b) The private prekindergarten provider must:
  923         1. Be accredited by an accrediting association that is a
  924  member of the National Council for Private School Accreditation,
  925  or the Florida Association of Academic Nonpublic Schools, or be
  926  accredited by the Southern Association of Colleges and Schools,
  927  or Western Association of Colleges and Schools, or North Central
  928  Association of Colleges and Schools, or Middle States
  929  Association of Colleges and Schools, or New England Association
  930  of Colleges and Schools; and have written accreditation
  931  standards that meet or exceed the state’s licensing requirements
  932  under s. 402.305, s. 402.313, or s. 402.3131 and require at
  933  least one onsite visit to the provider or school before
  934  accreditation is granted;
  935         2. Hold a current Gold Seal Quality Care designation under
  936  s. 402.281; or
  937         3. Be licensed under s. 402.305, s. 402.313, or s.
  938  402.3131; or
  939         4. Be a child development center located on a military
  940  installation that is certified by the United States Department
  941  of Defense.
  942         (b) The private prekindergarten provider must provide basic
  943  health and safety on its premises and in its facilities. For a
  944  public school, compliance with ss. 1003.22 and 1013.12 satisfies
  945  this requirement. For a nonpublic school, compliance with s.
  946  402.3025(2)(d) satisfies this requirement. For a child care
  947  facility, a licensed family child care home, or a large family
  948  child care home, compliance with s. 402.305, s. 402.313, or s.
  949  402.3131, respectively, satisfies this requirement. For a
  950  facility exempt from licensure, compliance with s. 402.316(4)
  951  satisfies this requirement and demonstrate, before delivering
  952  the Voluntary Prekindergarten Education Program, as verified by
  953  the early learning coalition, that the provider meets each of
  954  the requirements of the program under this part, including, but
  955  not limited to, the requirements for credentials and background
  956  screenings of prekindergarten instructors under paragraphs (c)
  957  and (d), minimum and maximum class sizes under paragraph (f),
  958  prekindergarten director credentials under paragraph (g), and a
  959  developmentally appropriate curriculum under s. 1002.67(2)(b).
  960         (c) The private prekindergarten provider must have, for
  961  each prekindergarten class of 11 children or fewer, at least one
  962  prekindergarten instructor who meets each of the following
  963  requirements:
  964         1. The prekindergarten instructor must hold, at a minimum,
  965  one of the following credentials:
  966         a. A child development associate credential issued by the
  967  National Credentialing Program of the Council for Professional
  968  Recognition; or
  969         b. A credential approved by the Department of Children and
  970  Families, pursuant to s. 402.305(3)(c), as being equivalent to
  971  or greater than the credential described in sub-subparagraph a.;
  972         c. An associate or higher degree in child development;
  973         d. An associate or higher degree in an unrelated field, at
  974  least 6 credit hours in early childhood education or child
  975  development, and at least 480 hours of experience in teaching or
  976  providing child care services for children any age from birth
  977  through 8 years of age;
  978         e. A baccalaureate or higher degree in early childhood
  979  education, prekindergarten or primary education, preschool
  980  education, or family and consumer science;
  981         f. A baccalaureate or higher degree in family and child
  982  science and at least 480 hours of experience in teaching or
  983  providing child care services for children any age from birth
  984  through 8 years of age;
  985         g. A baccalaureate or higher degree in elementary education
  986  if the prekindergarten instructor has been certified to teach
  987  children of any age from birth through grade 6, regardless of
  988  whether the instructor’s educator certificate is current, and if
  989  the instructor is not ineligible to teach in a public school
  990  because his or her educator certificate is suspended or revoked;
  991  or
  992         h. A credential approved by the department as being
  993  equivalent to or greater than a credential described in sub
  994  subparagraphs a.-f. The department may adopt criteria and
  995  procedures for approving such equivalent credentials.
  996  
  997  The Department of Children and Families may adopt rules under
  998  ss. 120.536(1) and 120.54 which provide criteria and procedures
  999  for approving equivalent credentials under sub-subparagraph b.
 1000         2. The prekindergarten instructor must successfully
 1001  complete an emergent literacy training course and a student
 1002  performance standards training course approved by the office as
 1003  meeting or exceeding the minimum standards adopted under s.
 1004  1002.59. The requirement for completion of the standards
 1005  training course shall take effect July 1, 2015 2014, and the
 1006  course shall be available online.
 1007         (d) Beginning January 1, 2015, at least 50 percent of the
 1008  instructors employed by a prekindergarten provider at each
 1009  location must be trained in first aid and infant and child
 1010  cardiopulmonary resuscitation, as evidenced by current
 1011  documentation of course completion, unless the instructor is not
 1012  responsible for supervising children in care. As a condition of
 1013  employment, instructors hired on or after January 1, 2015, must
 1014  complete this training within 60 days after employment. Each
 1015  prekindergarten instructor employed by the private
 1016  prekindergarten provider must be of good moral character, must
 1017  be screened using the level 2 screening standards in s. 435.04
 1018  before employment and rescreened at least once every 5 years,
 1019  must be denied employment or terminated if required under s.
 1020  435.06, and must not be ineligible to teach in a public school
 1021  because his or her educator certificate is suspended or revoked.
 1022         (e) A private prekindergarten provider may assign a
 1023  substitute instructor to temporarily replace a credentialed
 1024  instructor if the credentialed instructor assigned to a
 1025  prekindergarten class is absent, as long as the substitute
 1026  instructor is of good moral character and has been screened
 1027  before employment in accordance with level 2 background
 1028  screening requirements in chapter 435. The Office of Early
 1029  Learning shall adopt rules to implement this paragraph which
 1030  shall include required qualifications of substitute instructors
 1031  and the circumstances and time limits for which a private
 1032  prekindergarten provider may assign a substitute instructor.
 1033         (e)(f) Each of the private prekindergarten provider’s
 1034  prekindergarten classes must be composed of at least 4 students
 1035  but may not exceed 20 students. In order to protect the health
 1036  and safety of students, each private prekindergarten provider
 1037  must also provide appropriate adult supervision for students at
 1038  all times and, for each prekindergarten class composed of 12 or
 1039  more students, must have, in addition to a prekindergarten
 1040  instructor who meets the requirements of paragraph (c), at least
 1041  one adult prekindergarten instructor who is not required to meet
 1042  those requirements but who must meet each requirement of s.
 1043  402.305(2) paragraph (d). This paragraph does not supersede any
 1044  requirement imposed on a provider under ss. 402.301-402.319.
 1045         (f) Beginning January 1, 2016, the private prekindergarten
 1046  provider must employ child care personnel who hold a high school
 1047  diploma or its equivalent and are at least 18 years of age,
 1048  unless the personnel are not responsible for supervising
 1049  children in care or are under direct supervision and are not
 1050  counted for the purposes of computing the personnel-to-child
 1051  ratio.
 1052         (g) The private prekindergarten provider must have a
 1053  prekindergarten director who has a prekindergarten director
 1054  credential that is approved by the office as meeting or
 1055  exceeding the minimum standards adopted under s. 1002.57.
 1056  Successful completion of a child care facility director
 1057  credential under s. 402.305(2)(f) before the establishment of
 1058  the prekindergarten director credential under s. 1002.57 or July
 1059  1, 2006, whichever occurs later, satisfies the requirement for a
 1060  prekindergarten director credential under this paragraph.
 1061         (h) The private prekindergarten provider must register with
 1062  the early learning coalition on forms prescribed by the Office
 1063  of Early Learning.
 1064         (i) The private prekindergarten provider must execute the
 1065  statewide provider contract prescribed under s. 1002.75, except
 1066  that an individual who owns or operates multiple private
 1067  prekindergarten providers within a coalition’s service area may
 1068  execute a single agreement with the coalition on behalf of each
 1069  provider.
 1070         (j) The private prekindergarten provider must maintain
 1071  general liability insurance and provide the coalition with
 1072  written evidence of general liability insurance coverage,
 1073  including coverage for transportation of children if
 1074  prekindergarten students are transported by the provider. A
 1075  provider must obtain and retain an insurance policy that
 1076  provides a minimum of $100,000 of coverage per occurrence and a
 1077  minimum of $300,000 general aggregate coverage. The office may
 1078  authorize lower limits upon request, as appropriate. A provider
 1079  must add the coalition as a named certificateholder and as an
 1080  additional insured. A provider must provide the coalition with a
 1081  minimum of 10 calendar days’ advance written notice of
 1082  cancellation of or changes to coverage. The general liability
 1083  insurance required by this paragraph must remain in full force
 1084  and effect for the entire period of the provider contract with
 1085  the coalition.
 1086         (k) The private prekindergarten provider must obtain and
 1087  maintain any required workers’ compensation insurance under
 1088  chapter 440 and any required reemployment assistance or
 1089  unemployment compensation coverage under chapter 443, unless
 1090  exempt under state or federal law.
 1091         (l) Notwithstanding paragraph (j), for a private
 1092  prekindergarten provider that is a state agency or a subdivision
 1093  thereof, as defined in s. 768.28(2), the provider must agree to
 1094  notify the coalition of any additional liability coverage
 1095  maintained by the provider in addition to that otherwise
 1096  established under s. 768.28. The provider shall indemnify the
 1097  coalition to the extent permitted by s. 768.28.
 1098         (m) The private prekindergarten provider shall be denied
 1099  initial eligibility to offer the program if the provider has
 1100  been cited for a Class I violation in the 12 months before
 1101  seeking eligibility.
 1102         (n)(m) The private prekindergarten provider must deliver
 1103  the Voluntary Prekindergarten Education Program in accordance
 1104  with this part and have child disciplinary policies that
 1105  prohibit children from being subjected to discipline that is
 1106  severe, humiliating, frightening, or associated with food, rest,
 1107  toileting, spanking, or any other form of physical punishment as
 1108  provided in s. 402.305(12).
 1109         (4) A prekindergarten instructor, in lieu of the minimum
 1110  credentials and courses required under paragraph (3)(c), may
 1111  hold one of the following educational credentials:
 1112         (a) A bachelor’s or higher degree in early childhood
 1113  education, prekindergarten or primary education, preschool
 1114  education, or family and consumer science;
 1115         (b) A bachelor’s or higher degree in elementary education,
 1116  if the prekindergarten instructor has been certified to teach
 1117  children any age from birth through 6th grade, regardless of
 1118  whether the instructor’s educator certificate is current, and if
 1119  the instructor is not ineligible to teach in a public school
 1120  because his or her educator certificate is suspended or revoked;
 1121         (c) An associate’s or higher degree in child development;
 1122         (d) An associate’s or higher degree in an unrelated field,
 1123  at least 6 credit hours in early childhood education or child
 1124  development, and at least 480 hours of experience in teaching or
 1125  providing child care services for children any age from birth
 1126  through 8 years of age; or
 1127         (e) An educational credential approved by the department as
 1128  being equivalent to or greater than an educational credential
 1129  described in this subsection. The department may adopt criteria
 1130  and procedures for approving equivalent educational credentials
 1131  under this paragraph.
 1132         (5) Notwithstanding paragraph (3)(b), a private
 1133  prekindergarten provider may not participate in the Voluntary
 1134  Prekindergarten Education Program if the provider has child
 1135  disciplinary policies that do not prohibit children from being
 1136  subjected to discipline that is severe, humiliating,
 1137  frightening, or associated with food, rest, toileting, spanking,
 1138  or any other form of physical punishment as provided in s.
 1139  402.305(12).
 1140         Section 17. Subsection (1) of section 1002.59, Florida
 1141  Statutes, is amended to read:
 1142         1002.59 Emergent literacy and performance standards
 1143  training courses.—
 1144         (1) The office shall adopt minimum standards for one or
 1145  more training courses in emergent literacy for prekindergarten
 1146  instructors. Each course must comprise 5 clock hours and provide
 1147  instruction in strategies and techniques to address the age
 1148  appropriate progress of prekindergarten students in developing
 1149  emergent literacy skills, including oral communication,
 1150  knowledge of print and letters, phonemic and phonological
 1151  awareness, and vocabulary and comprehension development. Each
 1152  course must also provide resources containing strategies that
 1153  allow students with disabilities and other special needs to
 1154  derive maximum benefit from the Voluntary Prekindergarten
 1155  Education Program. Successful completion of an emergent literacy
 1156  training course approved under this section satisfies
 1157  requirements for approved training in early literacy and
 1158  language development under ss. 402.305(2)(d)5., 402.313(4)(c)
 1159  402.313(6), and 402.3131(5).
 1160         Section 18. Subsections (4) through (7) of section 1002.61,
 1161  Florida Statutes, are amended to read:
 1162         1002.61 Summer prekindergarten program delivered by public
 1163  schools and private prekindergarten providers.—
 1164         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
 1165  Each public school and private prekindergarten provider that
 1166  delivers the summer prekindergarten program must have, for each
 1167  prekindergarten class, at least one prekindergarten instructor
 1168  who is a certified teacher or holds one of the educational
 1169  credentials specified in s. 1002.55(3)(c)1.e.-h. 1002.55(4)(a)
 1170  or (b). As used in this subsection, the term “certified teacher”
 1171  means a teacher holding a valid Florida educator certificate
 1172  under s. 1012.56 who has the qualifications required by the
 1173  district school board to instruct students in the summer
 1174  prekindergarten program. In selecting instructional staff for
 1175  the summer prekindergarten program, each school district shall
 1176  give priority to teachers who have experience or coursework in
 1177  early childhood education.
 1178         (5) Each prekindergarten instructor employed by a public
 1179  school or private prekindergarten provider delivering the summer
 1180  prekindergarten program must be of good moral character, must
 1181  undergo background screening pursuant to s. 402.305(2)(a) be
 1182  screened using the level 2 screening standards in s. 435.04
 1183  before employment, must be and rescreened at least once every 5
 1184  years, and must be denied employment or terminated if required
 1185  under s. 435.06. Each prekindergarten instructor employed by a
 1186  public school delivering the summer prekindergarten program, and
 1187  must satisfy the not be ineligible to teach in a public school
 1188  because his or her educator certificate is suspended or revoked.
 1189  This subsection does not supersede employment requirements for
 1190  instructional personnel in public schools as provided in s.
 1191  1012.32 which are more stringent than the requirements of this
 1192  subsection.
 1193         (6) A public school or private prekindergarten provider may
 1194  assign a substitute instructor to temporarily replace a
 1195  credentialed instructor if the credentialed instructor assigned
 1196  to a prekindergarten class is absent, as long as the substitute
 1197  instructor meets the requirements of subsection (5) is of good
 1198  moral character and has been screened before employment in
 1199  accordance with level 2 background screening requirements in
 1200  chapter 435. This subsection does not supersede employment
 1201  requirements for instructional personnel in public schools which
 1202  are more stringent than the requirements of this subsection. The
 1203  Office of Early Learning shall adopt rules to implement this
 1204  subsection which must shall include required qualifications of
 1205  substitute instructors and the circumstances and time limits for
 1206  which a public school or private prekindergarten provider may
 1207  assign a substitute instructor.
 1208         (7) Notwithstanding ss. 1002.55(3)(e) 1002.55(3)(f) and
 1209  1002.63(7), each prekindergarten class in the summer
 1210  prekindergarten program, regardless of whether the class is a
 1211  public school’s or private prekindergarten provider’s class,
 1212  must be composed of at least 4 students but may not exceed 12
 1213  students beginning with the 2009 summer session. In order to
 1214  protect the health and safety of students, each public school or
 1215  private prekindergarten provider must also provide appropriate
 1216  adult supervision for students at all times. This subsection
 1217  does not supersede any requirement imposed on a provider under
 1218  ss. 402.301-402.319.
 1219         Section 19. Subsections (5) and (6) of section 1002.63,
 1220  Florida Statutes, are amended to read:
 1221         1002.63 School-year prekindergarten program delivered by
 1222  public schools.—
 1223         (5) Each prekindergarten instructor employed by a public
 1224  school delivering the school-year prekindergarten program must
 1225  satisfy the be of good moral character, must be screened using
 1226  the level 2 screening standards in s. 435.04 before employment
 1227  and rescreened at least once every 5 years, must be denied
 1228  employment or terminated if required under s. 435.06, and must
 1229  not be ineligible to teach in a public school because his or her
 1230  educator certificate is suspended or revoked. This subsection
 1231  does not supersede employment requirements for instructional
 1232  personnel in public schools as provided in s. 1012.32 which are
 1233  more stringent than the requirements of this subsection.
 1234         (6) A public school prekindergarten provider may assign a
 1235  substitute instructor to temporarily replace a credentialed
 1236  instructor if the credentialed instructor assigned to a
 1237  prekindergarten class is absent, as long as the substitute
 1238  instructor meets the requirements of subsection (5) is of good
 1239  moral character and has been screened before employment in
 1240  accordance with level 2 background screening requirements in
 1241  chapter 435. This subsection does not supersede employment
 1242  requirements for instructional personnel in public schools which
 1243  are more stringent than the requirements of this subsection. The
 1244  Office of Early Learning shall adopt rules to implement this
 1245  subsection which must shall include required qualifications of
 1246  substitute instructors and the circumstances and time limits for
 1247  which a public school prekindergarten provider may assign a
 1248  substitute instructor.
 1249         Section 20. Paragraph (a) of subsection (6) of section
 1250  1002.71, Florida Statutes, is amended to read:
 1251         1002.71 Funding; financial and attendance reporting.—
 1252         (6)(a) Each parent enrolling his or her child in the
 1253  Voluntary Prekindergarten Education Program must agree to comply
 1254  with the attendance policy of the private prekindergarten
 1255  provider or district school board, as applicable. Upon
 1256  enrollment of the child, the private prekindergarten provider or
 1257  public school, as applicable, must provide the child’s parent
 1258  with program information, including, but not limited to, child
 1259  development, expectations for parent engagement, the daily
 1260  schedule, and the a copy of the provider’s or school district’s
 1261  attendance policy, which must include procedures for contacting
 1262  a parent on the second consecutive day a child is absent for
 1263  which the reason is unknown as applicable.
 1264         Section 21. Subsection (1) of section 1002.75, Florida
 1265  Statutes, is amended to read:
 1266         1002.75 Office of Early Learning; powers and duties.—
 1267         (1) The Office of Early Learning shall adopt by rule a
 1268  standard statewide provider contract to be used with each
 1269  Voluntary Prekindergarten Education Program provider, with
 1270  standardized attachments by provider type. The office shall
 1271  publish a copy of the standard statewide provider contract on
 1272  its website. The standard statewide contract must shall include,
 1273  at a minimum, provisions that:
 1274         (a) Govern for provider probation, termination for cause,
 1275  and emergency termination for those actions or inactions of a
 1276  provider that pose an immediate and serious danger to the
 1277  health, safety, or welfare of children. The standard statewide
 1278  contract shall also include appropriate due process procedures.
 1279  During the pendency of an appeal of a termination, the provider
 1280  may not continue to offer its services.
 1281         (b) Require each private prekindergarten provider to
 1282  conspicuously post on the premises, pursuant to s.
 1283  402.3125(1)(b), in an area visible to parents each citation for
 1284  a Class I violation, as defined by rule of the Department of
 1285  Children and Families, which results in disciplinary action.
 1286  Such posting must use simple language to describe each violation
 1287  with specificity and include a copy of the citation and the
 1288  contact information of the Department of Children and Families
 1289  or the local licensing agency from which the parent may obtain
 1290  additional information regarding the citation. Posting of a
 1291  Class I violation by the provider must occur within 24 hours
 1292  after receipt of the citation. Additionally, such provider shall
 1293  post each inspection report on the premises in an area visible
 1294  to parents, which report must remain posted until the next
 1295  inspection report is available.
 1296         (c) Specify that child care personnel employed by the
 1297  provider who are responsible for supervising children in care
 1298  must be trained in developmentally appropriate practices aligned
 1299  to the age and needs of children over which the personnel are
 1300  assigned supervision duties. This requirement is met by the
 1301  completion of developmentally appropriate practice courses
 1302  administered by the Department of Children and Families under s.
 1303  402.305(2)(d)1. within 30 days after being assigned such
 1304  children if the child care personnel has not previously
 1305  completed the training.
 1306  
 1307  Any provision imposed upon a provider that is inconsistent with,
 1308  or prohibited by, law is void and unenforceable.
 1309         Section 22. Section 1002.77, Florida Statutes, is amended
 1310  to read:
 1311         1002.77 Florida Early Learning Advisory Council.—
 1312         (1) There is created the Florida Early Learning Advisory
 1313  Council within the Office of Early Learning. The purpose of the
 1314  advisory council is to provide written input submit
 1315  recommendations to the executive director office on early
 1316  learning best practices, including recommendations relating to
 1317  the most effective program administration; of the Voluntary
 1318  Prekindergarten Education Program under this part and the school
 1319  readiness program under part VI of this chapter. The advisory
 1320  council shall periodically analyze and provide recommendations
 1321  to the office on the effective and efficient use of local,
 1322  state, and federal funds; the content of professional
 1323  development training programs; and best practices for the
 1324  development and implementation of coalition plans pursuant to s.
 1325  1002.85.
 1326         (2) The advisory council shall be composed of the following
 1327  members:
 1328         (a) The chair of the advisory council who shall be
 1329  appointed by and serve at the pleasure of the Governor.
 1330         (b) The chair of each early learning coalition.
 1331         (c) One member who shall be appointed by and serve at the
 1332  pleasure of the President of the Senate.
 1333         (d) One member who shall be appointed by and serve at the
 1334  pleasure of the Speaker of the House of Representatives.
 1335  
 1336  The chair of the advisory council appointed by the Governor and
 1337  the members appointed by the presiding officers of the
 1338  Legislature must be from the business community and be in
 1339  compliance with s. 1002.83(5).
 1340         (3) The advisory council shall meet at least quarterly upon
 1341  the call of the executive director but may meet as often as
 1342  necessary to carry out its duties and responsibilities. The
 1343  executive director is encouraged to advisory council may use
 1344  communications media technology any method of telecommunications
 1345  to conduct meetings in accordance with s. 120.54(5)(b),
 1346  including establishing a quorum through telecommunications, only
 1347  if the public is given proper notice of a telecommunications
 1348  meeting and reasonable access to observe and, when appropriate,
 1349  participate.
 1350         (4)(a) Each member of the advisory council may shall serve
 1351  without compensation but is entitled to receive reimbursement
 1352  for per diem and travel expenses for attendance at council
 1353  meetings as provided in s. 112.061.
 1354         (b) Each member of the advisory council is subject to the
 1355  ethics provisions in part III of chapter 112.
 1356         (c) For purposes of tort liability, each member of the
 1357  advisory council shall be governed by s. 768.28.
 1358         (5) The Office of Early Learning shall provide staff and
 1359  administrative support for the advisory council as determined by
 1360  the executive director.
 1361         Section 23. Paragraph (f) of subsection (1) and subsections
 1362  (8) and (16) of section 1002.81, Florida Statutes, are amended
 1363  to read:
 1364         1002.81 Definitions.—Consistent with the requirements of 45
 1365  C.F.R. parts 98 and 99 and as used in this part, the term:
 1366         (1) “At-risk child” means:
 1367         (f) A child in the custody of a parent who is considered
 1368  homeless as verified by a designated lead agency on the homeless
 1369  assistance continuum of care established under ss. 420.622
 1370  420.624 Department of Children and Families certified homeless
 1371  shelter.
 1372         (8) “Family income” means the combined gross income,
 1373  whether earned or unearned, that is derived from any source by
 1374  all family or household members who are 18 years of age or older
 1375  who are currently residing together in the same dwelling unit.
 1376  The term does not include:
 1377         (a) Income earned by a currently enrolled high school
 1378  student who, since attaining the age of 18 years, or a student
 1379  with a disability who, since attaining the age of 22 years, has
 1380  not terminated school enrollment or received a high school
 1381  diploma, high school equivalency diploma, special diploma, or
 1382  certificate of high school completion.
 1383         (b) Income earned by a teen parent residing in the same
 1384  residence as a separate family unit.
 1385         (c) Selected items from the state’s Child Care and
 1386  Development Fund Plan, such as The term also does not include
 1387  food stamp benefits, documented child support and alimony
 1388  payments paid out of the home, or federal housing assistance
 1389  payments issued directly to a landlord or the associated
 1390  utilities expenses.
 1391         (16) “Working family” means:
 1392         (a) A single-parent family in which the parent with whom
 1393  the child resides is employed or engaged in eligible work or
 1394  education activities for at least 20 hours per week or is exempt
 1395  from work requirements due to age or disability, as determined
 1396  and documented by a physician licensed under chapter 458 or
 1397  chapter 459;
 1398         (b) A two-parent family in which both parents with whom the
 1399  child resides are employed or engaged in eligible work or
 1400  education activities for a combined total of at least 40 hours
 1401  per week; or
 1402         (c) A two-parent family in which one of the parents with
 1403  whom the child resides is exempt from work requirements due to
 1404  age or disability, as determined and documented by a physician
 1405  licensed under chapter 458 or chapter 459, and one parent is
 1406  employed or engaged in eligible work or education activities at
 1407  least 20 hours per week; or
 1408         (d) A two-parent family in which both of the parents with
 1409  whom the child resides are exempt from work requirements due to
 1410  age or disability, as determined and documented by a physician
 1411  licensed under chapter 458 or chapter 459.
 1412         Section 24. Paragraphs (b), (j), (m), and (p) of subsection
 1413  (2) of section 1002.82, Florida Statutes, are amended to read:
 1414         1002.82 Office of Early Learning; powers and duties.—
 1415         (2) The office shall:
 1416         (b) Preserve parental choice by permitting parents to
 1417  choose from a variety of child care categories authorized in s.
 1418  1002.88(1)(a), including center-based care, family child care,
 1419  and informal child care to the extent authorized in the state’s
 1420  Child Care and Development Fund Plan as approved by the United
 1421  States Department of Health and Human Services pursuant to 45
 1422  C.F.R. s. 98.18. Care and curriculum by a faith-based provider
 1423  may not be limited or excluded in any of these categories.
 1424         (j) Develop and adopt standards and benchmarks that address
 1425  the age-appropriate progress of children in the development of
 1426  child care and development school readiness skills. The
 1427  standards for children from birth to 5 years of age in the child
 1428  care and development school readiness program must be aligned
 1429  with the performance standards adopted for children in the
 1430  Voluntary Prekindergarten Education Program and must address the
 1431  following domains:
 1432         1. Approaches to learning.
 1433         2. Cognitive development and general knowledge.
 1434         3. Numeracy, language, and communication.
 1435         4. Physical development.
 1436         5. Self-regulation.
 1437  
 1438  By July 1, 2015, the Office of Early Learning shall develop and
 1439  implement an online training course on the performance standards
 1440  for child care and development program provider personnel.
 1441         (m) Adopt by rule a standard statewide provider contract to
 1442  be used with each child care and development school readiness
 1443  program provider, with standardized attachments by provider
 1444  type. The office shall publish a copy of the standard statewide
 1445  provider contract on its website. The standard statewide
 1446  contract must shall include, at a minimum, provisions that:
 1447         1. Govern for provider probation, termination for cause,
 1448  and emergency termination for those actions or inactions of a
 1449  provider that pose an immediate and serious danger to the
 1450  health, safety, or welfare of the children. The standard
 1451  statewide provider contract shall also include appropriate due
 1452  process procedures. During the pendency of an appeal of a
 1453  termination, the provider may not continue to offer its
 1454  services.
 1455         2. Require each provider that is eligible to provide the
 1456  program pursuant to s. 1002.88(1)(a) to conspicuously post on
 1457  the premises, pursuant to s. 402.3125(1)(b), in an area visible
 1458  to parents each citation for a Class I violation, as defined by
 1459  rule of the Department of Children and Families, which results
 1460  in disciplinary action. Such posting must use simple language to
 1461  describe each violation with specificity and include a copy of
 1462  the citation and the contact information of the Department of
 1463  Children and Families or the local licensing agency from which
 1464  the parent may obtain additional information regarding the
 1465  citation. Posting of a Class I violation by the provider must
 1466  occur within 24 hours after receipt of the citation.
 1467  Additionally, such provider shall post each inspection report on
 1468  the premises in an area visible to parents, which report must
 1469  remain posted until the next inspection report is available.
 1470         3. Specify that child care personnel employed by the
 1471  provider who are responsible for supervising children in care
 1472  must be trained in developmentally appropriate practices aligned
 1473  to the age and needs of children over which the personnel are
 1474  assigned supervision duties. This requirement is met by
 1475  completion of developmentally appropriate practice courses
 1476  administered by the Department of Children and Families under s.
 1477  402.305(2)(d)1. within 30 days after being assigned such
 1478  children if the child care personnel has not previously
 1479  completed the training.
 1480         4. Require child care personnel who are employed by the
 1481  provider to complete an online training course on the
 1482  performance standards adopted pursuant to paragraph (j).
 1483  
 1484  Any provision imposed upon a provider that is inconsistent with,
 1485  or prohibited by, law is void and unenforceable.
 1486         (p) Monitor and evaluate the performance of each early
 1487  learning coalition in administering the child care and
 1488  development school readiness program and the Voluntary
 1489  Prekindergarten Education Program, ensuring proper payments for
 1490  child care and development school readiness program and
 1491  Voluntary Prekindergarten Education Program services, and
 1492  implementing the coalition’s child care and development school
 1493  readiness program plan, and administering the Voluntary
 1494  Prekindergarten Education Program. These monitoring and
 1495  performance evaluations must include, at a minimum, onsite
 1496  monitoring of each coalition’s finances, management, operations,
 1497  and programs.
 1498         Section 25. Section 1002.84, Florida Statutes, is amended
 1499  to read:
 1500         1002.84 Early learning coalitions; child care and
 1501  development school readiness powers and duties.—Each early
 1502  learning coalition shall:
 1503         (1) Administer and implement a local comprehensive program
 1504  of child care and development school readiness program services
 1505  in accordance with this part and the rules adopted by the
 1506  office, which enhances the cognitive, social, and physical
 1507  development of children to achieve the performance standards.
 1508         (2) Establish a uniform waiting list to track eligible
 1509  children waiting for enrollment in the child care and
 1510  development school readiness program in accordance with rules
 1511  adopted by the office.
 1512         (3) Establish a resource and referral network operating
 1513  under s. 1002.92 to assist parents in making an informed choice
 1514  and provide maximum parental choice of providers and to provide
 1515  information on available community resources.
 1516         (4) Establish a regional Warm-Line as directed by the
 1517  office pursuant to s. 1002.82(2)(r). Regional Warm-Line staff
 1518  shall provide onsite technical assistance, when requested, to
 1519  assist child care facilities and family day care homes with
 1520  inquiries relating to the strategies, curriculum, and
 1521  environmental adaptations the child care facilities and family
 1522  day care homes may need as they serve children with disabilities
 1523  and other special needs.
 1524         (5) Establish an age-appropriate screening, for children
 1525  ages birth to 5 years, of each child’s development and an
 1526  appropriate referral process for children with identified
 1527  delays. Such screening is shall not be a requirement of entry
 1528  into the child care and development school readiness program and
 1529  is shall be only given with parental consent.
 1530         (6) Implement an age-appropriate preassessment and
 1531  postassessment of children if specified in the coalition’s
 1532  approved plan.
 1533         (7) Determine child eligibility pursuant to s. 1002.87 and
 1534  provider eligibility pursuant to s. 1002.88. At a minimum, child
 1535  eligibility must be redetermined annually. Redetermination must
 1536  also be conducted twice per year for an additional 50 percent of
 1537  a coalition’s enrollment through a statistically valid random
 1538  sampling. A coalition must document the reason why a child is no
 1539  longer eligible for the child care and development school
 1540  readiness program according to the standard codes prescribed by
 1541  the office.
 1542         (8) Establish a parent sliding fee scale that requires a
 1543  parent copayment to participate in the child care and
 1544  development school readiness program. Providers are required to
 1545  collect the parent’s copayment. A coalition may, on a case-by
 1546  case basis, waive the copayment for an at-risk child or
 1547  temporarily waive the copayment for a child whose family’s
 1548  income is at or below the federal poverty level and family
 1549  experiences a natural disaster or an event that limits the
 1550  parent’s ability to pay, such as incarceration, placement in
 1551  residential treatment, or becoming homeless, or an emergency
 1552  situation such as a household fire or burglary, or while the
 1553  parent is participating in parenting classes. A parent may not
 1554  transfer child care and development school readiness program
 1555  services to another child care and development school readiness
 1556  program provider until the parent has submitted documentation
 1557  from the current child care and development school readiness
 1558  program provider to the early learning coalition stating that
 1559  the parent has satisfactorily fulfilled the copayment
 1560  obligation.
 1561         (9) Establish proper maintenance of records related to
 1562  eligibility and enrollment files, provider payments, coalition
 1563  staff background screenings, and other documents required for
 1564  the implementation of the child care and development school
 1565  readiness program.
 1566         (10) Establish a records retention requirement for sign-in
 1567  and sign-out records that is consistent with state and federal
 1568  law. Attendance records may not be altered or amended after
 1569  December 31 of the subsequent year.
 1570         (11) Follow the tangible personal property requirements of
 1571  chapter 274 and rules adopted under that chapter.
 1572         (12) Comply with federal procurement requirements and the
 1573  procurement requirements of ss. 215.971, 287.057, and 287.058,
 1574  except that an early learning coalition is not required to
 1575  competitively procure direct services for child care and
 1576  development school readiness program and Voluntary
 1577  Prekindergarten Education Program providers.
 1578         (13) Establish proper information technology security
 1579  controls, including, but not limited to, periodically reviewing
 1580  the appropriateness of access privileges assigned to users of
 1581  certain systems; monitoring system hardware performance and
 1582  capacity-related issues; and ensuring appropriate backup
 1583  procedures and disaster recovery plans are in place.
 1584         (14) Develop written policies, procedures, and standards
 1585  for monitoring vendor contracts, including, but not limited to,
 1586  provisions specifying the particular procedures that may be used
 1587  to evaluate contractor performance and the documentation that is
 1588  to be maintained to serve as a record of contractor performance.
 1589  This subsection does not apply to contracts with child care and
 1590  development school readiness program providers or Voluntary
 1591  Prekindergarten Education Program providers.
 1592         (15) Monitor child care and development school readiness
 1593  program providers in accordance with its plan, or in response to
 1594  a parental complaint, to verify that the standards prescribed in
 1595  ss. 1002.82 and 1002.88 are being met using a standard
 1596  monitoring tool adopted by the office. Providers determined to
 1597  be high-risk by the coalition, as demonstrated by substantial
 1598  findings of violations of federal law or the general or local
 1599  laws of the state, shall be monitored more frequently. Providers
 1600  with 3 consecutive years of compliance may be monitored
 1601  biennially.
 1602         (16) Adopt a payment schedule that encompasses all programs
 1603  funded under this part and part V of this chapter. The payment
 1604  schedule must take into consideration the average market rate,
 1605  include the projected number of children to be served, and be
 1606  submitted for approval by the office. Informal child care
 1607  arrangements shall be reimbursed at not more than 50 percent of
 1608  the rate adopted for a family day care home.
 1609         (17) Implement an anti-fraud plan addressing the detection,
 1610  reporting, and prevention of overpayments, abuse, and fraud
 1611  relating to the provision of and payment for child care and
 1612  development school readiness program and Voluntary
 1613  Prekindergarten Education Program services and submit the plan
 1614  to the office for approval, as required by s. 1002.91.
 1615         (18) By October 1 of each year, submit an annual report to
 1616  the office. The report shall conform to the format adopted by
 1617  the office and must include:
 1618         (a) Segregation of child care and development school
 1619  readiness program funds, Voluntary Prekindergarten Education
 1620  Program funds, Child Care Executive Partnership Program funds,
 1621  and other local revenues available to the coalition.
 1622         (b) Details of expenditures by fund source, including total
 1623  expenditures for administrative activities, quality activities,
 1624  nondirect services, and direct services for children.
 1625         (c) The total number of coalition staff and the related
 1626  expenditures for salaries and benefits. For any subcontracts,
 1627  the total number of contracted staff and the related
 1628  expenditures for salaries and benefits must be included.
 1629         (d) The number of children served in the child care and
 1630  development school readiness program, by provider type,
 1631  enumerated by age and eligibility priority category, reported as
 1632  the number of children served during the month, the average
 1633  participation throughout the month, and the number of children
 1634  served during the month.
 1635         (e) The total number of children disenrolled during the
 1636  year and the reasons for disenrollment.
 1637         (f) The total number of providers by provider type.
 1638         (g) A listing of any child care and development school
 1639  readiness program provider, by type, whose eligibility to
 1640  deliver the child care and development school readiness program
 1641  is revoked, including a brief description of the state or
 1642  federal violation that resulted in the revocation.
 1643         (h) An evaluation of its direct enhancement services.
 1644         (i) The total number of children served in each provider
 1645  facility.
 1646         (19) Maintain its administrative staff at the minimum
 1647  necessary to administer the duties of the early learning
 1648  coalition.
 1649         (20) To increase transparency and accountability, comply
 1650  with the requirements of this section before contracting with a
 1651  member of the coalition, an employee of the coalition, or a
 1652  relative, as defined in s. 112.3143(1)(b), of a coalition member
 1653  or of an employee of the coalition. Such contracts may not be
 1654  executed without the approval of the office. Such contracts, as
 1655  well as documentation demonstrating adherence to this section by
 1656  the coalition, must be approved by a two-thirds vote of the
 1657  coalition, a quorum having been established; all conflicts of
 1658  interest must be disclosed before the vote; and any member who
 1659  may benefit from the contract, or whose relative may benefit
 1660  from the contract, must abstain from the vote. A contract under
 1661  $25,000 between an early learning coalition and a member of that
 1662  coalition or between a relative, as defined in s.
 1663  112.3143(1)(b), of a coalition member or of an employee of the
 1664  coalition is not required to have the prior approval of the
 1665  office but must be approved by a two-thirds vote of the
 1666  coalition, a quorum having been established, and must be
 1667  reported to the office within 30 days after approval. If a
 1668  contract cannot be approved by the office, a review of the
 1669  decision to disapprove the contract may be requested by the
 1670  early learning coalition or other parties to the disapproved
 1671  contract.
 1672         Section 26. Section 1002.87, Florida Statutes, is amended
 1673  to read:
 1674         1002.87 Child care and development School readiness
 1675  program; eligibility and enrollment.—
 1676         (1) Effective August 1, 2013, or upon reevaluation of
 1677  eligibility for children currently served, whichever is later,
 1678  each early learning coalition shall give priority for
 1679  participation in the child care and development school readiness
 1680  program as follows:
 1681         (a) Priority shall be given first to a child younger than
 1682  13 years of age from a family that includes a parent who is
 1683  receiving temporary cash assistance under chapter 414 and
 1684  subject to the federal work requirements.
 1685         (b) Priority shall be given next to an at-risk child
 1686  younger than 9 years of age.
 1687         (c) Priority shall be given next to a child from birth to
 1688  the beginning of the school year for which the child is eligible
 1689  for admission to kindergarten in a public school under s.
 1690  1003.21(1)(a)2. who is from a working family that is
 1691  economically disadvantaged, and may include such child’s
 1692  eligible siblings, beginning with the school year in which the
 1693  sibling is eligible for admission to kindergarten in a public
 1694  school under s. 1003.21(1)(a)2. until the beginning of the
 1695  school year in which the sibling enters is eligible to begin 6th
 1696  grade, provided that the first priority for funding an eligible
 1697  sibling is local revenues available to the coalition for funding
 1698  direct services. However, a child eligible under this paragraph
 1699  ceases to be eligible if his or her family income exceeds 200
 1700  percent of the federal poverty level.
 1701         (d) Priority shall be given next to a child of a parent who
 1702  transitions from the work program into employment as described
 1703  in s. 445.032 from birth to the beginning of the school year for
 1704  which the child is eligible for admission to kindergarten in a
 1705  public school under s. 1003.21(1)(a)2.
 1706         (e) Priority shall be given next to an at-risk child who is
 1707  at least 9 years of age but younger than 13 years of age. An at
 1708  risk child whose sibling is enrolled in the child care and
 1709  development school readiness program within an eligibility
 1710  priority category listed in paragraphs (a)-(c) shall be given
 1711  priority over other children who are eligible under this
 1712  paragraph.
 1713         (f) Priority shall be given next to a child who is younger
 1714  than 13 years of age from a working family that is economically
 1715  disadvantaged. A child who is eligible under this paragraph
 1716  whose sibling is enrolled in the child care and development
 1717  school readiness program under paragraph (c) shall be given
 1718  priority over other children who are eligible under this
 1719  paragraph. However, a child eligible under this paragraph ceases
 1720  to be eligible if his or her family income exceeds 200 percent
 1721  of the federal poverty level.
 1722         (g) Priority shall be given next to a child of a parent who
 1723  transitions from the work program into employment as described
 1724  in s. 445.032 who is younger than 13 years of age.
 1725         (h) Priority shall be given next to a child who has special
 1726  needs, has been determined eligible as an infant or toddler from
 1727  birth to 3 years of age with an individualized family support
 1728  plan receiving early intervention services or as a student with
 1729  a disability with, has a current individual education plan with
 1730  a Florida school district, and is not younger than 3 years of
 1731  age. A special needs child eligible under this paragraph remains
 1732  eligible until the child is eligible for admission to
 1733  kindergarten in a public school under s. 1003.21(1)(a)2.
 1734         (i) Notwithstanding paragraphs (a)-(d), priority shall be
 1735  given last to a child who otherwise meets one of the eligibility
 1736  criteria in paragraphs (a)-(d) but who is also enrolled
 1737  concurrently in the federal Head Start Program and the Voluntary
 1738  Prekindergarten Education Program.
 1739         (2) A child care and development school readiness program
 1740  provider may be paid only for authorized hours of care provided
 1741  for a child in the child care and development school readiness
 1742  program. A child enrolled in the Voluntary Prekindergarten
 1743  Education Program may receive care from the child care and
 1744  development school readiness program if the child is eligible
 1745  according to the eligibility priorities in this section.
 1746         (3) Contingent upon the availability of funds, a coalition
 1747  shall enroll eligible children, including those from its waiting
 1748  list, according to the eligibility priorities in this section.
 1749         (4) The parent of a child enrolled in the child care and
 1750  development school readiness program must notify the coalition
 1751  or its designee within 10 days after any change in employment,
 1752  income, or family size. Upon notification by the parent, the
 1753  child’s eligibility must be reevaluated.
 1754         (5) A child whose eligibility priority category requires
 1755  the child to be from a working family ceases to be eligible for
 1756  the child care and development school readiness program if a
 1757  parent with whom the child resides does not reestablish
 1758  employment within 60 days after becoming unemployed.
 1759         (6) Eligibility for each child must be reevaluated
 1760  annually. Upon reevaluation, a child may not continue to receive
 1761  child care and development school readiness program services if
 1762  he or she has ceased to be eligible under this section. If a
 1763  child no longer meets eligibility or program requirements, the
 1764  coalition must immediately notify the child’s parent and the
 1765  provider that funding will end 2 weeks after the date on which
 1766  the child was determined to be ineligible or when the current
 1767  child care authorization expires, whichever occurs first.
 1768         (7) If a coalition disenrolls children from the child care
 1769  and development school readiness program due to lack of funding
 1770  or a change in eligibility priorities, the coalition must
 1771  disenroll the children in reverse order of the eligibility
 1772  priorities listed in subsection (1) beginning with children from
 1773  families with the highest family incomes. A notice of
 1774  disenrollment must be sent to the parent and child care and
 1775  development school readiness program provider at least 2 weeks
 1776  before disenrollment or the expiration of the current child care
 1777  authorization, whichever occurs first, to provide adequate time
 1778  for the parent to arrange alternative care for the child.
 1779  However, an at-risk child receiving services from the Child
 1780  Welfare Program Office of the Department of Children and
 1781  Families may not be disenrolled from the program without the
 1782  written approval of the Child Welfare Program Office of the
 1783  Department of Children and Families or the community-based lead
 1784  agency.
 1785         (8) If a child is absent from the program for 2 consecutive
 1786  days without parental notification to the program of such
 1787  absence, the child care and development program provider shall
 1788  contact the parent and determine the cause for absence and
 1789  expected date of return. If a child is absent from the program
 1790  for 5 consecutive days without parental notification to the
 1791  program of such absence, the child care and development school
 1792  readiness program provider shall report the absence to the early
 1793  learning coalition for a determination of the need for continued
 1794  care.
 1795         (9) Notwithstanding s. 39.604, a child care and development
 1796  school readiness program provider, regardless of whether the
 1797  provider is licensed, shall comply with the reporting
 1798  requirements of the Rilya Wilson Act for each at-risk child
 1799  under the age of school entry who is enrolled in the school
 1800  readiness program.
 1801         Section 27. Section 1002.88, Florida Statutes, is amended
 1802  to read:
 1803         1002.88 Child care and development School readiness program
 1804  provider standards; eligibility to deliver the child care and
 1805  development school readiness program.—
 1806         (1) To be eligible to deliver the child care and
 1807  development school readiness program, a child care and
 1808  development school readiness program provider must:
 1809         (a)1. Be a nonpublic school in substantial compliance with
 1810  s. 402.3025(2)(d), a child care facility licensed under s.
 1811  402.305, a family child day care home licensed or registered
 1812  under s. 402.313, a large family child care home licensed under
 1813  s. 402.3131, or a child care facility exempt from licensure
 1814  operating under s. 402.316(4); or
 1815         2. Be an entity that is part of Florida’s education system
 1816  under s. 1000.04(1) a public school or nonpublic school exempt
 1817  from licensure under s. 402.3025, a faith-based child care
 1818  provider exempt from licensure under s. 402.316, a before-school
 1819  or after-school program described in s. 402.305(1)(c), or an
 1820  informal child care provider to the extent authorized in the
 1821  state’s Child Care and Development Fund Plan as approved by the
 1822  United States Department of Health and Human Services pursuant
 1823  to 45 C.F.R. s. 98.18.
 1824         (b) Provide instruction and activities to enhance the age
 1825  appropriate progress of each child in attaining the child
 1826  development standards adopted by the office pursuant to s.
 1827  1002.82(2)(j). A provider should include activities to foster
 1828  brain development in infants and toddlers; provide an
 1829  environment that is rich in language and music and filled with
 1830  objects of various colors, shapes, textures, and sizes to
 1831  stimulate visual, tactile, auditory, and linguistic senses; and
 1832  include 30 minutes of reading to children each day. A provider
 1833  must provide parents information on child development,
 1834  expectations for parent engagement, the daily schedule, and the
 1835  attendance policy.
 1836         (c) Provide basic health and safety of its premises and
 1837  facilities in accordance with applicable licensing and
 1838  inspection requirements and compliance with requirements for
 1839  age-appropriate immunizations of children enrolled in the school
 1840  readiness program. For a child care facility, a large family
 1841  child care home, or a licensed family child day care home,
 1842  compliance with s. 402.305, s. 402.3131, or s. 402.313 satisfies
 1843  this requirement. For a public or nonpublic school, compliance
 1844  with ss. s. 402.3025 or s. 1003.22 and 1013.12 satisfies this
 1845  requirement. For a nonpublic school, compliance with s.
 1846  402.3025(2)(d) satisfies this requirement. For a facility exempt
 1847  from licensure, compliance with s. 402.316(4) satisfies this
 1848  requirement. A provider shall be denied initial eligibility to
 1849  offer the program if the provider has been cited for a Class I
 1850  violation in the 12 months before seeking eligibility. A faith
 1851  based child care provider, an informal child care provider, or a
 1852  nonpublic school, exempt from licensure under s. 402.316 or s.
 1853  402.3025, shall annually complete the health and safety
 1854  checklist adopted by the office, post the checklist prominently
 1855  on its premises in plain sight for visitors and parents, and
 1856  submit it annually to its local early learning coalition.
 1857         (d) Provide an appropriate staff-to-children ratio,
 1858  pursuant to s. 402.305(4) or s. 402.302(8) or (11), as
 1859  applicable, and as verified pursuant to s. 402.311.
 1860         (e) Provide a healthy and safe environment pursuant to s.
 1861  402.305(5), (6), and (7), as applicable, and as verified
 1862  pursuant to s. 402.311.
 1863         (f) Implement one of the curricula approved by the office
 1864  that meets the child development standards.
 1865         (g) Implement a character development program to develop
 1866  basic values.
 1867         (h) Collaborate with the respective early learning
 1868  coalition to complete initial screening for each child, aged 6
 1869  weeks to kindergarten eligibility, within 45 days after the
 1870  child’s first or subsequent enrollment, to identify a child who
 1871  may need individualized supports.
 1872         (i) Implement minimum standards for child discipline
 1873  practices that are age-appropriate and consistent with the
 1874  requirements in s. 402.305(12). Such standards must provide that
 1875  children not be subjected to discipline that is severe,
 1876  humiliating, or frightening or discipline that is associated
 1877  with food, rest, or toileting. Spanking or any other form of
 1878  physical punishment is prohibited.
 1879         (j) Obtain and keep on file record of the child’s
 1880  immunizations, physical development, and other health
 1881  requirements as necessary, including appropriate vision and
 1882  hearing screening and examination, within 30 days after
 1883  enrollment.
 1884         (k) Implement before-school or after-school programs that
 1885  meet or exceed the requirements of s. 402.305(5), (6), and (7).
 1886         (l) For a provider that is not an informal provider,
 1887  Maintain general liability insurance and provide the coalition
 1888  with written evidence of general liability insurance coverage,
 1889  including coverage for transportation of children if child care
 1890  and development school readiness program children are
 1891  transported by the provider. A private provider must obtain and
 1892  retain an insurance policy that provides a minimum of $100,000
 1893  of coverage per occurrence and a minimum of $300,000 general
 1894  aggregate coverage. The office may authorize lower limits upon
 1895  request, as appropriate. A provider must add the coalition as a
 1896  named certificateholder and as an additional insured. A private
 1897  provider must provide the coalition with a minimum of 10
 1898  calendar days’ advance written notice of cancellation of or
 1899  changes to coverage. The general liability insurance required by
 1900  this paragraph must remain in full force and effect for the
 1901  entire period of the provider contract with the coalition.
 1902         (m) For a provider that is an informal provider, comply
 1903  with the provisions of paragraph (l) or maintain homeowner’s
 1904  liability insurance and, if applicable, a business rider. If an
 1905  informal provider chooses to maintain a homeowner’s policy, the
 1906  provider must obtain and retain a homeowner’s insurance policy
 1907  that provides a minimum of $100,000 of coverage per occurrence
 1908  and a minimum of $300,000 general aggregate coverage. The office
 1909  may authorize lower limits upon request, as appropriate. An
 1910  informal provider must add the coalition as a named
 1911  certificateholder and as an additional insured. An informal
 1912  provider must provide the coalition with a minimum of 10
 1913  calendar days’ advance written notice of cancellation of or
 1914  changes to coverage. The general liability insurance required by
 1915  this paragraph must remain in full force and effect for the
 1916  entire period of the provider’s contract with the coalition.
 1917         (m)(n) Obtain and maintain any required workers’
 1918  compensation insurance under chapter 440 and any required
 1919  reemployment assistance or unemployment compensation coverage
 1920  under chapter 443, unless exempt under state or federal law.
 1921         (n)(o) Notwithstanding paragraph (l), for a provider that
 1922  is a state agency or a subdivision thereof, as defined in s.
 1923  768.28(2), agree to notify the coalition of any additional
 1924  liability coverage maintained by the provider in addition to
 1925  that otherwise established under s. 768.28. The provider shall
 1926  indemnify the coalition to the extent permitted by s. 768.28.
 1927         (o)(p) Execute the standard statewide provider contract
 1928  adopted by the office.
 1929         (p)(q) Operate on a full-time and part-time basis and
 1930  provide extended-day and extended-year services to the maximum
 1931  extent possible without compromising the quality of the program
 1932  to meet the needs of parents who work.
 1933         (2) Beginning January 1, 2016, child care personnel
 1934  employed by a child care and development program provider must
 1935  hold a high school diploma or its equivalent and be at least 18
 1936  years of age, unless the personnel are not responsible for
 1937  supervising children in care or are under direct supervision and
 1938  are not counted for the purposes of computing the personnel-to
 1939  child ratio.
 1940         (3)Beginning January 1, 2015, at least 50 percent of the
 1941  child care personnel employed by a child care and development
 1942  program provider at each location must be trained in first aid
 1943  and infant and child cardiopulmonary resuscitation, as evidenced
 1944  by current documentation of course completion, unless the
 1945  personnel are not responsible for supervising children in care.
 1946  As a condition of employment, personnel hired on or after
 1947  January 1, 2015, must complete this training within 60 days
 1948  after employment.
 1949         (4)(2) If a child care and development school readiness
 1950  program provider fails or refuses to comply with this part or
 1951  any contractual obligation of the statewide provider contract
 1952  under s. 1002.82(2)(m), the coalition may revoke the provider’s
 1953  eligibility to deliver the child care and development school
 1954  readiness program or receive state or federal funds under this
 1955  chapter for a period of 5 years.
 1956         (5)(3) The office and the coalitions may not:
 1957         (a) Impose any requirement on a child care provider or
 1958  early childhood education provider that does not deliver
 1959  services under the child care and development school readiness
 1960  program or receive state or federal funds under this part;
 1961         (b) Impose any requirement on a child care and development
 1962  school readiness program provider that exceeds the authority
 1963  provided under this part or part V of this chapter or rules
 1964  adopted pursuant to this part or part V of this chapter; or
 1965         (c) Require a provider to administer a preassessment or
 1966  postassessment.
 1967         Section 28. Section 1002.89, Florida Statutes, is amended
 1968  to read:
 1969         1002.89 Child care and development School readiness
 1970  program; funding.—
 1971         (1) Funding for the child care and development school
 1972  readiness program shall be allocated among the early learning
 1973  coalitions in accordance with this section and the General
 1974  Appropriations Act.
 1975         (2) The office shall administer child care and development
 1976  school readiness program funds and prepare and submit a unified
 1977  budget request for the child care and development school
 1978  readiness program in accordance with chapter 216.
 1979         (3) All instructions to early learning coalitions for
 1980  administering this section shall emanate from the office in
 1981  accordance with the policies of the Legislature.
 1982         (4) All cost savings and all revenues received through a
 1983  mandatory sliding fee scale shall be used to increase the number
 1984  of children served.
 1985         (5) All state, federal, and local matching funds provided
 1986  to an early learning coalition for purposes of this section
 1987  shall be used for implementation of its approved child care and
 1988  development school readiness program plan, including the hiring
 1989  of staff to effectively operate the child care and development
 1990  school readiness program.
 1991         (6) Costs shall be kept to the minimum necessary for the
 1992  efficient and effective administration of the child care and
 1993  development school readiness program with the highest priority
 1994  of expenditure being direct services for eligible children.
 1995  However, no more than 5 percent of the funds described in
 1996  subsection (5) may be used for administrative costs and no more
 1997  than 22 percent of the funds described in subsection (5) may be
 1998  used in any fiscal year for any combination of administrative
 1999  costs, quality activities, and nondirect services as follows:
 2000         (a) Administrative costs as described in 45 C.F.R. s.
 2001  98.52, which must shall include monitoring providers using the
 2002  standard methodology adopted under s. 1002.82 to improve
 2003  compliance with state and federal regulations and law pursuant
 2004  to the requirements of the statewide provider contract adopted
 2005  under s. 1002.82(2)(m).
 2006         (b) Activities to improve the quality of child care as
 2007  described in 45 C.F.R. s. 98.51, which must shall be limited to
 2008  the following:
 2009         1. Developing, establishing, expanding, operating, and
 2010  coordinating resource and referral programs specifically related
 2011  to the provision of comprehensive consumer education to parents
 2012  and the public to promote informed child care choices specified
 2013  in 45 C.F.R. s. 98.33 regarding participation in the school
 2014  readiness program and parental choice.
 2015         2. Awarding grants and providing financial support to child
 2016  care and development school readiness program providers and
 2017  their staff to assist them in meeting applicable state
 2018  requirements for child care performance standards, implementing
 2019  developmentally appropriate curricula and related classroom
 2020  resources that support curricula, providing literacy supports,
 2021  obtaining a license or accreditation, and providing professional
 2022  development, including scholarships and other incentives. Any
 2023  grants awarded pursuant to this subparagraph shall comply with
 2024  the requirements of ss. 215.971 and 287.058.
 2025         3. Providing training, and technical assistance, and
 2026  financial support for child care and development school
 2027  readiness program providers, staff, and parents on standards,
 2028  child screenings, child assessments, developmentally appropriate
 2029  curricula, character development, teacher-child interactions,
 2030  age-appropriate discipline practices, health and safety,
 2031  nutrition, first aid, cardiopulmonary resuscitation, the
 2032  recognition of communicable diseases, and child abuse detection
 2033  and prevention.
 2034         4. Providing from among the funds provided for the
 2035  activities described in subparagraphs 1.-3., adequate funding
 2036  for infants and toddlers as necessary to meet federal
 2037  requirements related to expenditures for quality activities for
 2038  infant and toddler care.
 2039         5. Improving the monitoring of compliance with, and
 2040  enforcement of, applicable state and local requirements as
 2041  described in and limited by 45 C.F.R. s. 98.40.
 2042         6. Responding to Warm-Line requests by providers and
 2043  parents related to school readiness program children, including
 2044  providing developmental and health screenings to child care and
 2045  development school readiness program children.
 2046         (c) Nondirect services as described in applicable Office of
 2047  Management and Budget instructions are those services not
 2048  defined as administrative, direct, or quality services that are
 2049  required to administer the child care and development school
 2050  readiness program. Such services include, but are not limited
 2051  to:
 2052         1. Assisting families to complete the required application
 2053  and eligibility documentation.
 2054         2. Determining child and family eligibility.
 2055         3. Recruiting eligible child care providers.
 2056         4. Processing and tracking attendance records.
 2057         5. Developing and maintaining a statewide child care
 2058  information system.
 2059  
 2060  As used in this paragraph, the term “nondirect services” does
 2061  not include payments to child care and development school
 2062  readiness program providers for direct services provided to
 2063  children who are eligible under s. 1002.87, administrative costs
 2064  as described in paragraph (a), or quality activities as
 2065  described in paragraph (b).
 2066         (7) Funds appropriated for the child care and development
 2067  school readiness program may not be expended for the purchase or
 2068  improvement of land; for the purchase, construction, or
 2069  permanent improvement of any building or facility; or for the
 2070  purchase of buses. However, funds may be expended for minor
 2071  remodeling necessary for the administration of the program and
 2072  upgrading of child care facilities to ensure that providers meet
 2073  state and local child care standards, including applicable
 2074  health and safety requirements.
 2075         Section 29. Subsection (7) of section 1002.91, Florida
 2076  Statutes, is amended to read:
 2077         1002.91 Investigations of fraud or overpayment; penalties.—
 2078         (7) The early learning coalition may not contract with a
 2079  child care and development school readiness program provider, or
 2080  a Voluntary Prekindergarten Education Program provider, or an
 2081  individual who is on the United States Department of Agriculture
 2082  National Disqualified List. In addition, the coalition may not
 2083  contract with any provider that shares an officer or director
 2084  with a provider that is on the United States Department of
 2085  Agriculture National Disqualified List.
 2086         Section 30. Paragraph (d) of subsection (3) of section
 2087  1002.94, Florida Statutes, is amended to read:
 2088         1002.94 Child Care Executive Partnership Program.—
 2089         (3)
 2090         (d) Each early learning coalition shall establish a
 2091  community child care task force for each child care purchasing
 2092  pool. The task force must be composed of employers, parents,
 2093  private child care providers, and one representative from the
 2094  local children’s services council, if one exists in the area of
 2095  the purchasing pool. The early learning coalition is expected to
 2096  recruit the task force members from existing child care
 2097  councils, commissions, or task forces already operating in the
 2098  area of a purchasing pool. A majority of the task force shall
 2099  consist of employers.
 2100         Section 31. This act shall take effect July 1, 2014.