Florida Senate - 2014                             CS for SB 1702
       
       
        
       By the Committees on Appropriations; and Education
       
       
       
       
       
       576-04541A-14                                         20141702c1
    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 “family day care home” to “family child care
    5         home” and the term “family day care” to “family child
    6         care”; amending ss. 125.0109 and 166.0445, F.S.;
    7         including large family child care homes in local
    8         zoning regulation requirements; amending s. 402.302,
    9         F.S.; revising the definition of the term “substantial
   10         compliance”; requiring the Department of Children and
   11         Families to adopt rules for compliance by certain
   12         programs not licensed by the department; amending s.
   13         402.3025, F.S.; providing requirements for nonpublic
   14         schools delivering certain voluntary prekindergarten
   15         education programs and school readiness programs;
   16         amending s. 402.305, F.S.; revising certain minimum
   17         standards for child care facilities; amending s.
   18         402.311, F.S.; providing for the inspection of
   19         programs regulated by the department; amending s.
   20         402.3115, F.S.; providing for abbreviated inspections
   21         of specified child care homes; requiring rulemaking;
   22         amending s. 402.313, F.S.; revising provisions for
   23         licensure, registration, and operation of family day
   24         care homes; amending s. 402.3131, F.S.; revising
   25         requirements for large family child care homes;
   26         amending s. 402.316, F.S., relating to exemptions from
   27         child care facility licensing standards; requiring a
   28         child care facility operating as a provider of certain
   29         voluntary prekindergarten education programs or child
   30         care programs to comply with minimum standards;
   31         providing penalties for failure to disclose or for use
   32         of certain information; requiring the department to
   33         establish a fee for inspection and compliance
   34         activities; amending s. 627.70161, F.S.; revising
   35         restrictions on residential property insurance
   36         coverage to include coverage for large family child
   37         care homes; amending s. 1001.213, F.S.; providing
   38         additional duties of the Office of Early Learning;
   39         amending s. 1002.53, F.S.; revising requirements for
   40         application and determination of eligibility to enroll
   41         in the Voluntary Prekindergarten (VPK) Education
   42         Program; amending s. 1002.55, F.S.; revising
   43         requirements for a school-year prekindergarten program
   44         delivered by a private prekindergarten provider,
   45         including requirements for providers, instructors, and
   46         child care personnel; providing requirements in the
   47         case of provider violations; amending s. 1002.59,
   48         F.S.; correcting a cross-reference; amending ss.
   49         1002.61 and 1002.63, F.S.; revising employment
   50         requirements and educational credentials of certain
   51         instructional personnel; amending s. 1002.71, F.S.;
   52         revising information that must be reported to parents;
   53         amending s. 1002.75, F.S.; revising provisions
   54         included in the standard statewide VPK program
   55         provider contract; amending s. 1002.77, F.S.; revising
   56         the purpose and meetings of the Florida Early Learning
   57         Advisory Council; amending s. 1002.81, F.S.; revising
   58         certain program definitions; amending s. 1002.82,
   59         F.S.; revising the powers and duties of the Office of
   60         Early Learning; revising provisions included in the
   61         standard statewide school readiness provider contract;
   62         amending s. 1002.84, F.S.; revising the powers and
   63         duties of early learning coalitions; conforming
   64         provisions to changes made by the act; amending s.
   65         1002.87, F.S.; revising student eligibility and
   66         enrollment requirements for the school readiness
   67         program; amending s. 1002.88, F.S.; revising
   68         eligibility requirements for program providers that
   69         want to deliver the school readiness program;
   70         providing conditions for denial of initial
   71         eligibility; providing child care personnel
   72         requirements; amending s. 1002.89, F.S.; revising the
   73         use of funds for the school readiness program;
   74         amending s. 1002.91, F.S.; prohibiting an early
   75         learning coalition from contracting with specified
   76         persons; amending s. 1002.94, F.S.; revising
   77         establishment of a community child care task force by
   78         an early learning coalition; providing an
   79         appropriation; providing an effective date.
   80          
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. The Division of Law Revision and Information is
   84  directed to prepare a reviser’s bill for the 2015 Regular
   85  Session of the Legislature to change the term “family day care
   86  home” to “family child care home” and the term “family day care”
   87  to “family child care” wherever they appear in the Florida
   88  Statutes.
   89         Section 2. Section 125.0109, Florida Statutes, is amended
   90  to read:
   91         125.0109 Family day care homes and large family child care
   92  homes; local zoning regulation.—The operation of a residence as
   93  a family day care home or large family child care home, as
   94  defined in s. 402.302, licensed or registered pursuant to s.
   95  402.313 or s. 402.3131, as applicable, constitutes, as defined
   96  by law, registered or licensed with the Department of Children
   97  and Family Services shall constitute a valid residential use for
   98  purposes of any local zoning regulations, and no such regulation
   99  shall require the owner or operator of such family day care home
  100  or large family child care home to obtain any special exemption
  101  or use permit or waiver, or to pay any special fee in excess of
  102  $50, to operate in an area zoned for residential use.
  103         Section 3. Section 166.0445, Florida Statutes, is amended
  104  to read:
  105         166.0445 Family day care homes and large family child care
  106  homes; local zoning regulation.—The operation of a residence as
  107  a family day care home or large family child care home, as
  108  defined in s. 402.302, licensed or registered pursuant to s.
  109  402.313 or s. 402.3131, as applicable, constitutes, as defined
  110  by law, registered or licensed with the Department of Children
  111  and Family Services shall constitute a valid residential use for
  112  purposes of any local zoning regulations, and no such regulation
  113  may not shall require the owner or operator of such family day
  114  care home or large family child care home to obtain any special
  115  exemption or use permit or waiver, or to pay any special fee in
  116  excess of $50, to operate in an area zoned for residential use.
  117         Section 4. Subsection (17) of section 402.302, Florida
  118  Statutes, is amended to read:
  119         402.302 Definitions.—As used in this chapter, the term:
  120         (17) “Substantial compliance” means, for purposes of
  121  programs operating under s. 1002.55, s. 1002.61, or s. 1002.88,
  122  that level of adherence to adopted standards which is sufficient
  123  to safeguard the health, safety, and well-being of all children
  124  under care. The standards must address requirements found in s.
  125  402.305 and are limited to supervision, transportation, access,
  126  health-related requirements, food and nutrition, personnel
  127  screening, records, and enforcement of these standards. The
  128  standards must not limit or exclude the curriculum provided by a
  129  faith-based provider or nonpublic school. The department must
  130  adopt rules to define and enforce substantial compliance with
  131  minimum standards for child care facilities for programs
  132  operating under s. 1002.55, s. 1002.61, or s. 1002.88 which are
  133  regulated, but not licensed, by the department. Such rules shall
  134  be submitted to the Office of Early Learning for approval or
  135  disapproval Substantial compliance is greater than minimal
  136  adherence but not to the level of absolute adherence. Where a
  137  violation or variation is identified as the type which impacts,
  138  or can be reasonably expected within 90 days to impact, the
  139  health, safety, or well-being of a child, there is no
  140  substantial compliance.
  141         Section 5. Paragraphs (d) and (e) of subsection (2) of
  142  section 402.3025, Florida Statutes, are amended to read:
  143         402.3025 Public and nonpublic schools.—For the purposes of
  144  ss. 402.301-402.319, the following shall apply:
  145         (2) NONPUBLIC SCHOOLS.—
  146         (d)1. Nonpublic schools delivering programs under s.
  147  1002.55, s. 1002.61, or s. 1002.88 Programs for children who are
  148  at least 3 years of age, but under 5 years of age, which are not
  149  licensed under ss. 402.301-402.319 shall substantially comply
  150  with the minimum child care standards adopted promulgated
  151  pursuant to ss. 402.305-402.3057.
  152         2. The department or local licensing agency shall enforce
  153  compliance with such standards, where possible, to eliminate or
  154  minimize duplicative inspections or visits by staff enforcing
  155  the minimum child care standards and staff enforcing other
  156  standards under the jurisdiction of the department.
  157         3. The department or local licensing agency may inspect
  158  programs operating under this paragraph and pursue
  159  administrative or judicial action under ss. 402.310-402.312
  160  against nonpublic schools operating under this paragraph
  161  commence and maintain all proper and necessary actions and
  162  proceedings for any or all of the following purposes:
  163         a. to protect the health, sanitation, safety, and well
  164  being of all children under care.
  165         b. To enforce its rules and regulations.
  166         c. To use corrective action plans, whenever possible, to
  167  attain compliance prior to the use of more restrictive
  168  enforcement measures.
  169         d. To make application for injunction to the proper circuit
  170  court, and the judge of that court shall have jurisdiction upon
  171  hearing and for cause shown to grant a temporary or permanent
  172  injunction, or both, restraining any person from violating or
  173  continuing to violate any of the provisions of ss. 402.301
  174  402.319. Any violation of this section or of the standards
  175  applied under ss. 402.305-402.3057 which threatens harm to any
  176  child in the school’s programs for children who are at least 3
  177  years of age, but are under 5 years of age, or repeated
  178  violations of this section or the standards under ss. 402.305
  179  402.3057, shall be grounds to seek an injunction to close a
  180  program in a school.
  181         e. To impose an administrative fine, not to exceed $100,
  182  for each violation of the minimum child care standards
  183  promulgated pursuant to ss. 402.305-402.3057.
  184         4. It is a misdemeanor of the first degree, punishable as
  185  provided in s. 775.082 or s. 775.083, for any person willfully,
  186  knowingly, or intentionally to:
  187         a. Fail, by false statement, misrepresentation,
  188  impersonation, or other fraudulent means, to disclose in any
  189  required written documentation for exclusion from licensure
  190  pursuant to this section a material fact used in making a
  191  determination as to such exclusion; or
  192         b. Use information from the criminal records obtained under
  193  s. 402.305 or s. 402.3055 for any purpose other than screening
  194  that person for employment as specified in those sections or
  195  release such information to any other person for any purpose
  196  other than screening for employment as specified in those
  197  sections.
  198         5. It is a felony of the third degree, punishable as
  199  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  200  person willfully, knowingly, or intentionally to use information
  201  from the juvenile records of any person obtained under s.
  202  402.305 or s. 402.3055 for any purpose other than screening for
  203  employment as specified in those sections or to release
  204  information from such records to any other person for any
  205  purpose other than screening for employment as specified in
  206  those sections.
  207         6. The inclusion of nonpublic schools within options
  208  available under ss. 1002.55, 1002.61, and 1002.88 does not
  209  expand the regulatory authority of the state, its officers, any
  210  local licensing agency, or any early learning coalition to
  211  impose any additional regulation of nonpublic schools beyond
  212  those reasonably necessary to enforce requirements expressly set
  213  forth in this paragraph.
  214         (e) The department and the nonpublic school accrediting
  215  agencies are encouraged to develop agreements to facilitate the
  216  enforcement of the minimum child care standards as they relate
  217  to the schools which the agencies accredit.
  218         Section 6. Paragraphs (a) and (d) of subsection (2),
  219  paragraph (b) of subsection (9), and subsections (10) and (18)
  220  of section 402.305, Florida Statutes, are amended to read:
  221         402.305 Licensing standards; child care facilities.—
  222         (2) PERSONNEL.—Minimum standards for child care personnel
  223  shall include minimum requirements as to:
  224         (a) Good moral character based upon screening, according to
  225  the level 2 screening requirements of. This screening shall be
  226  conducted as provided in chapter 435, using the level 2
  227  standards for screening set forth in that chapter. In addition
  228  to the offenses listed in s. 435.04, all child care personnel
  229  required to undergo background screening pursuant to this
  230  section may not have an arrest awaiting final disposition for,
  231  may not have been found guilty of, regardless of adjudication,
  232  or entered a plea of nolo contendere or guilty to, and may not
  233  have been adjudicated delinquent and have a record that has been
  234  sealed or expunged for an offense specified in s. 39.205.
  235         (d) Minimum training requirements for child care personnel.
  236         1. Such minimum standards for training shall ensure that
  237  all child care personnel take an approved 40-clock-hour
  238  introductory course in child care, which course covers at least
  239  the following topic areas:
  240         a. State and local rules and regulations which govern child
  241  care.
  242         b. Health, safety, and nutrition.
  243         c. Identifying and reporting child abuse and neglect.
  244         d. Child development, including typical and atypical
  245  language, cognitive, motor, social, and self-help skills
  246  development.
  247         e. Observation of developmental behaviors, including using
  248  a checklist or other similar observation tools and techniques to
  249  determine the child’s developmental age level.
  250         f. Specialized areas, including computer technology for
  251  professional and classroom use and numeracy, early literacy, and
  252  language development of children from birth to 5 years of age,
  253  as determined by the department, for owner-operators and child
  254  care personnel of a child care facility.
  255         g. Developmental disabilities, including autism spectrum
  256  disorder and Down syndrome, and early identification, use of
  257  available state and local resources, classroom integration, and
  258  positive behavioral supports for children with developmental
  259  disabilities.
  260  
  261  Within 90 days after employment, child care personnel shall
  262  begin training to meet the training requirements pursuant to
  263  this paragraph. Child care personnel shall successfully complete
  264  such training within 1 year after the date on which the training
  265  began, as evidenced by passage of a competency examination.
  266  Successful completion of the 40-clock-hour introductory course
  267  shall articulate into community college credit in early
  268  childhood education, pursuant to ss. 1007.24 and 1007.25.
  269  Exemption from all or a portion of the required training shall
  270  be granted to child care personnel based upon educational
  271  credentials or passage of competency examinations. Child care
  272  personnel possessing a 2-year degree or higher that includes 6
  273  college credit hours in early childhood development or child
  274  growth and development, or a child development associate
  275  credential or an equivalent state-approved child development
  276  associate credential, or a child development associate waiver
  277  certificate shall be automatically exempted from the training
  278  requirements in sub-subparagraphs b., d., and e.
  279         2. The introductory course in child care shall stress, to
  280  the extent possible, an interdisciplinary approach to the study
  281  of children.
  282         3. The introductory course shall cover recognition and
  283  prevention of shaken baby syndrome; prevention of sudden infant
  284  death syndrome; recognition and care of infants and toddlers
  285  with developmental disabilities, including autism spectrum
  286  disorder and Down syndrome; and early childhood brain
  287  development within the topic areas identified in this paragraph.
  288         4. On an annual basis in order to further their child care
  289  skills and, if appropriate, administrative skills, child care
  290  personnel who have fulfilled the requirements for the child care
  291  training shall be required to take an additional 1 continuing
  292  education unit of approved inservice training, or 10 clock hours
  293  of equivalent training, as determined by the department.
  294         5. Child care personnel shall be required to complete 0.5
  295  continuing education unit of approved training or 5 clock hours
  296  of equivalent training, as determined by the department, in
  297  numeracy, early literacy, and language development of children
  298  from birth to 5 years of age one time. The year that this
  299  training is completed, it shall fulfill the 0.5 continuing
  300  education unit or 5 clock hours of the annual training required
  301  in subparagraph 4.
  302         6. Procedures for ensuring the training of qualified child
  303  care professionals to provide training of child care personnel,
  304  including onsite training, shall be included in the minimum
  305  standards. It is recommended that the state community child care
  306  coordination agencies (central agencies) be contracted by the
  307  department to coordinate such training when possible. Other
  308  district educational resources, such as community colleges and
  309  career programs, can be designated in such areas where central
  310  agencies may not exist or are determined not to have the
  311  capability to meet the coordination requirements set forth by
  312  the department.
  313         7. Training requirements do shall not apply to certain
  314  occasional or part-time support staff, including, but not
  315  limited to, swimming instructors, piano teachers, dance
  316  instructors, and gymnastics instructors.
  317         8. The department shall evaluate or contract for an
  318  evaluation for the general purpose of determining the status of
  319  and means to improve staff training requirements and testing
  320  procedures. The evaluation shall be conducted every 2 years. The
  321  evaluation must shall include, but not be limited to,
  322  determining the availability, quality, scope, and sources of
  323  current staff training; determining the need for specialty
  324  training; and determining ways to increase inservice training
  325  and ways to increase the accessibility, quality, and cost
  326  effectiveness of current and proposed staff training. The
  327  evaluation methodology must shall include a reliable and valid
  328  survey of child care personnel.
  329         9. The child care operator shall be required to take basic
  330  training in serving children with disabilities within 5 years
  331  after employment, either as a part of the introductory training
  332  or the annual 8 hours of inservice training.
  333         (9) ADMISSIONS AND RECORDKEEPING.—
  334         (b) During the months of August and September of each year,
  335  Each child care facility shall provide parents of children
  336  enrolling enrolled in the facility detailed information
  337  regarding the causes, symptoms, and transmission of the
  338  influenza virus in an effort to educate those parents regarding
  339  the importance of immunizing their children against influenza as
  340  recommended by the Advisory Committee on Immunization Practices
  341  of the Centers for Disease Control and Prevention.
  342         (10) TRANSPORTATION SAFETY.—Minimum standards must shall
  343  include requirements for child restraints or seat belts in
  344  vehicles used by child care facilities, and large family child
  345  care homes, and family day care homes to transport children,
  346  requirements for annual inspections of the vehicles, limitations
  347  on the number of children in the vehicles, and accountability
  348  for children being transported.
  349         (18) TRANSFER OF OWNERSHIP.—
  350         (a) One week before prior to the transfer of ownership of a
  351  child care facility, or family day care home, or large family
  352  child care home, the transferor shall notify the parent or
  353  caretaker of each child of the impending transfer.
  354         (b) The owner of a child care facility, family day care
  355  home, or large family child care home may not transfer ownership
  356  to a relative of the operator if the operator has had his or her
  357  license suspended or revoked by the department pursuant to s.
  358  402.310, has received notice from the department that reasonable
  359  cause exists to suspend or revoke the license, or has been
  360  placed on the United States Department of Agriculture National
  361  Disqualified List. For purposes of this paragraph, “relative”
  362  means father, mother, son, daughter, grandfather, grandmother,
  363  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
  364  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
  365  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  366  stepdaughter, stepbrother, stepsister, half-brother, or half
  367  sister.
  368         (c)(b) The department shall, by rule, establish methods by
  369  which notice will be achieved and minimum standards by which to
  370  implement this subsection.
  371         Section 7. Section 402.311, Florida Statutes, is amended to
  372  read:
  373         402.311 Inspection.—A licensed child care facility or
  374  program regulated by the department shall accord to the
  375  department or the local licensing agency, whichever is
  376  applicable, the privilege of inspection, including access to
  377  facilities and personnel and to those records required in s.
  378  402.305, at reasonable times during regular business hours, to
  379  ensure compliance with the provisions of ss. 402.301-402.319.
  380  The right of entry and inspection shall also extend to any
  381  premises which the department or local licensing agency has
  382  reason to believe are being operated or maintained as a child
  383  care facility or program without a license, but no such entry or
  384  inspection of any premises shall be made without the permission
  385  of the person in charge thereof unless a warrant is first
  386  obtained from the circuit court authorizing same. Any
  387  application for a license, application for authorization to
  388  operate a child care program which must maintain substantial
  389  compliance with child care standards adopted under this chapter,
  390  or renewal of such license or authorization, made pursuant to
  391  this act or the advertisement to the public for the provision of
  392  child care as defined in s. 402.302 constitutes shall constitute
  393  permission for any entry to or inspection of the subject
  394  premises for which the license is sought in order to facilitate
  395  verification of the information submitted on or in connection
  396  with the application. In the event a licensed facility or
  397  program refuses permission for entry or inspection to the
  398  department or local licensing agency, a warrant shall be
  399  obtained from the circuit court authorizing same before prior to
  400  such entry or inspection. The department or local licensing
  401  agency may institute disciplinary proceedings pursuant to s.
  402  402.310, for such refusal.
  403         Section 8. Section 402.3115, Florida Statutes, is amended
  404  to read:
  405         402.3115 Elimination of duplicative and unnecessary
  406  inspections; Abbreviated inspections.—The Department of Children
  407  and Family Services and local governmental agencies that license
  408  child care facilities shall develop and implement a plan to
  409  eliminate duplicative and unnecessary inspections of child care
  410  facilities. In addition, The department and the local licensing
  411  governmental agencies shall conduct develop and implement an
  412  abbreviated inspections of inspection plan for child care
  413  facilities licensed under s. 402.305, family day care homes
  414  licensed under s. 402.313, and large family child care homes
  415  licensed under s. 402.3131 that have had no Class I 1 or Class
  416  II violations 2 deficiencies, as defined by rule, for at least 2
  417  consecutive years. The abbreviated inspection must include those
  418  elements identified by the department and the local licensing
  419  governmental agencies as being key indicators of whether the
  420  child care facility continues to provide quality care and
  421  programming. The department shall adopt rules establishing
  422  criteria and procedures for abbreviated inspections and
  423  inspection schedules that provide for both announced and
  424  unannounced inspections.
  425         Section 9. Section 402.313, Florida Statutes, is amended to
  426  read:
  427         402.313 Family day care homes.—
  428         (1) A family day care home must homes shall be licensed
  429  under this section act if it is they are presently being
  430  licensed under an existing county licensing ordinance, or if the
  431  board of county commissioners passes a resolution that requires
  432  licensure of family day care homes, or the family day care home
  433  is operating a program under s. 1002.55, s. 1002.61, or s.
  434  1002.88 be licensed. Each licensed or registered family day care
  435  home shall conspicuously display its license or registration in
  436  an area viewable by all parents during hours of operation.
  437         (a) If not subject to license, a family day care home must
  438  comply with this section and homes shall register annually with
  439  the department, providing the following information:
  440         1. The name and address of the home.
  441         2. The name of the operator.
  442         3. The number of children served.
  443         4. Proof of a written plan to identify a provide at least
  444  one other competent adult who has met the screening and training
  445  requirements of the department to serve as a designated to be
  446  available to substitute for the operator in an emergency. This
  447  plan must shall include the name, address, and telephone number
  448  of the designated substitute who will serve in the absence of
  449  the operator.
  450         5. Proof of screening and background checks.
  451         6. Proof of successful completion of the 30-hour training
  452  course, as evidenced by passage of a competency examination,
  453  which shall include:
  454         a. State and local rules and regulations that govern child
  455  care.
  456         b. Health, safety, and nutrition.
  457         c. Identifying and reporting child abuse and neglect.
  458         d. Child development, including typical and atypical
  459  language development; and cognitive, motor, social, and self
  460  help skills development.
  461         e. Observation of developmental behaviors, including using
  462  a checklist or other similar observation tools and techniques to
  463  determine a child’s developmental level.
  464         f. Specialized areas, including early literacy and language
  465  development of children from birth to 5 years of age, as
  466  determined by the department, for owner-operators of family day
  467  care homes.
  468         5.7. Proof that immunization records are kept current.
  469         8. Proof of completion of the required continuing education
  470  units or clock hours.
  471  
  472  Upon receipt of registration information submitted by a family
  473  day care home pursuant to this paragraph, the department shall
  474  verify that the home is in compliance with the background
  475  screening requirements in subsection (3) and that the operator
  476  and the designated substitute are in compliance with applicable
  477  training requirements of subsection (4).
  478         (b) A family day care home may volunteer to be licensed
  479  under this act.
  480         (c) The department may provide technical assistance to
  481  counties and operators of family day care homes home providers
  482  to enable counties and operators family day care providers to
  483  achieve compliance with family day care home homes standards.
  484         (2) This information shall be included in a directory to be
  485  published annually by the department to inform the public of
  486  available child care facilities.
  487         (3) Child care personnel in family day care homes are shall
  488  be subject to the applicable screening provisions contained in
  489  ss. 402.305(2) and 402.3055. For purposes of screening in family
  490  day care homes, the term “child care personnel” includes the
  491  operator, the designated substitute, any member over the age of
  492  12 years of a family day care home operator’s family, or persons
  493  over the age of 12 years residing with the operator in the
  494  family day care home. Members of the operator’s family, or
  495  persons residing with the operator, who are between the ages of
  496  12 years and 18 years may shall not be required to be
  497  fingerprinted, but shall be screened for delinquency records.
  498         (4)(a)Before licensure and before caring for children,
  499  operators of family day care homes and an individual serving as
  500  a substitute for the operator who works 40 hours or more per
  501  month on average must:
  502         1. Successfully complete an approved 30-clock-hour
  503  introductory course in child care, as evidenced by passage of a
  504  competency examination, before caring for children. The course
  505  must include:
  506         a. State and local rules and regulations that govern child
  507  care.
  508         b. Health, safety, and nutrition.
  509         c. Identifying and reporting child abuse and neglect.
  510         d. Child development, including typical and atypical
  511  language development, and cognitive, motor, social, and
  512  executive functioning skills development.
  513         e. Observation of developmental behaviors, including using
  514  a checklist or other similar observation tools and techniques to
  515  determine a child’s developmental level.
  516         f. Specialized areas, including numeracy, early literacy,
  517  and language development of children from birth to 5 years of
  518  age, as determined by the department, for operators of family
  519  child care homes.
  520         (5) In order to further develop their child care skills
  521  and, if appropriate, their administrative skills, operators of
  522  family day care homes shall be required to complete an
  523  additional 1 continuing education unit of approved training or
  524  10 clock hours of equivalent training, as determined by the
  525  department, annually.
  526         2.(6)Operators of family day care homes shall be required
  527  to Complete a 0.5 continuing education unit of approved training
  528  in numeracy, early literacy, and language development of
  529  children from birth to 5 years of age one time. For an operator,
  530  the year that this training is completed, it shall fulfill the
  531  0.5 continuing education unit or 5 clock hours of the annual
  532  training required in paragraph (c) subsection (5).
  533         3.Complete training in first aid and infant and child
  534  cardiopulmonary resuscitation as evidenced by current
  535  documentation of course completion.
  536         (b) Before licensure and before caring for children, family
  537  day care home substitutes who work fewer than 40 hours per month
  538  on average must complete the department’s 6-clock-hour Family
  539  Child Care Home Rules and Regulations training, as evidenced by
  540  successful completion of a competency examination and first aid
  541  and infant and child cardiopulmonary resuscitation training
  542  under subparagraph (a)3. A substitute who has successfully
  543  completed the 3-clock-hour Fundamentals of Child Care training
  544  established by rules of the department or the 30-clock-hour
  545  training under subparagraph (a)1. is not required to complete
  546  the 6-clock-hour Family Child Care Home Rules and Regulations
  547  training.
  548         (c) Operators of family day care homes must annually
  549  complete an additional 1 continuing education unit of approved
  550  training regarding child care and administrative skills or 10
  551  clock hours of equivalent training, as determined by the
  552  department.
  553         (5)(7) Operators of family day care homes must shall be
  554  required annually to complete a health and safety home
  555  inspection self-evaluation checklist developed by the department
  556  in conjunction with the statewide resource and referral program.
  557  The completed checklist shall be signed by the operator of the
  558  family day care home and provided to parents as certification
  559  that basic health and safety standards are being met.
  560         (6)(8)Operators of family day care homes home operators
  561  may avail themselves of supportive services offered by the
  562  department.
  563         (7)(9) The department shall prepare a brochure on family
  564  day care for distribution by the department and by local
  565  licensing agencies, if appropriate, to family day care homes for
  566  distribution to parents using utilizing such child care, and to
  567  all interested persons, including physicians and other health
  568  professionals; mental health professionals; school teachers or
  569  other school personnel; social workers or other professional
  570  child care, foster care, residential, or institutional workers;
  571  and law enforcement officers. The brochure shall, at a minimum,
  572  contain the following information:
  573         (a) A brief description of the requirements for family day
  574  care registration, training, and background fingerprinting and
  575  screening.
  576         (b) A listing of those counties that require licensure of
  577  family day care homes. Such counties shall provide an addendum
  578  to the brochure that provides a brief description of the
  579  licensure requirements or may provide a brochure in lieu of the
  580  one described in this subsection, provided it contains all the
  581  required information on licensure and the required information
  582  in the subsequent paragraphs.
  583         (c) A statement indicating that information about the
  584  family day care home’s compliance with applicable state or local
  585  requirements can be obtained from by telephoning the department
  586  office or the office of the local licensing agency, including
  587  the, if appropriate, at a telephone number or numbers and
  588  website address for the department or local licensing agency, as
  589  applicable which shall be affixed to the brochure.
  590         (d) The statewide toll-free telephone number of the central
  591  abuse hotline, together with a notice that reports of suspected
  592  and actual child physical abuse, sexual abuse, and neglect are
  593  received and referred for investigation by the hotline.
  594         (e) Any other information relating to competent child care
  595  that the department or local licensing agency, if preparing a
  596  separate brochure, considers deems would be helpful to parents
  597  and other caretakers in their selection of a family day care
  598  home.
  599         (8)(10) On an annual basis, the department shall evaluate
  600  the registration and licensure system for family day care homes.
  601  Such evaluation shall, at a minimum, address the following:
  602         (a) The number of family day care homes registered and
  603  licensed and the dates of such registration and licensure.
  604         (b) The number of children being served in both registered
  605  and licensed family day care homes and any available slots in
  606  such homes.
  607         (c) The number of complaints received concerning family day
  608  care, the nature of the complaints, and the resolution of such
  609  complaints.
  610         (d) The training activities used utilized by child care
  611  personnel in family day care homes for meeting the state or
  612  local training requirements.
  613  
  614  The evaluation, pursuant to this paragraph, shall be used
  615  utilized by the department in any administrative modifications
  616  or adjustments to be made in the registration of family day care
  617  homes or in any legislative requests for modifications to the
  618  system of registration or to other requirements for family day
  619  care homes.
  620         (11) In order to inform the public of the state requirement
  621  for registration of family day care homes as well as the other
  622  requirements for such homes to legally operate in the state, the
  623  department shall institute a media campaign to accomplish this
  624  end. Such a campaign shall include, at a minimum, flyers,
  625  newspaper advertisements, radio advertisements, and television
  626  advertisements.
  627         (9)(12) Notwithstanding any other state or local law or
  628  ordinance, any family day care home licensed pursuant to this
  629  chapter or pursuant to a county ordinance shall be charged the
  630  utility rates accorded to a residential home. A licensed family
  631  day care home may not be charged commercial utility rates.
  632         (10)(13) The department shall, by rule, establish minimum
  633  standards for family day care homes that are required to be
  634  licensed by county licensing ordinance or county licensing
  635  resolution or that voluntarily choose to be licensed. The
  636  standards should include requirements for staffing, training,
  637  maintenance of immunization records, minimum health and safety
  638  standards, reduced standards for the regulation of child care
  639  during evening hours by municipalities and counties, and
  640  enforcement of standards. Additionally, the department shall, by
  641  rule, adopt procedures for verifying a registered family day
  642  care home’s compliance with background screening and training
  643  requirements.
  644         (11)(14)During the months of August and September of each
  645  year, Each family day care home shall provide parents of
  646  children enrolling enrolled in the home detailed information
  647  regarding the causes, symptoms, and transmission of the
  648  influenza virus in an effort to educate those parents regarding
  649  the importance of immunizing their children against influenza as
  650  recommended by the Advisory Committee on Immunization Practices
  651  of the Centers for Disease Control and Prevention.
  652         Section 10. Subsections (3), (5), and (9) of section
  653  402.3131, Florida Statutes, are amended, and subsection (10) is
  654  added to that section, to read:
  655         402.3131 Large family child care homes.—
  656         (3) Operators of large family child care homes must
  657  successfully complete an approved 40-clock-hour introductory
  658  course in group child care, including numeracy, early literacy,
  659  and language development of children from birth to 5 years of
  660  age, as evidenced by passage of a competency examination.
  661  Successful completion of the 40-clock-hour introductory course
  662  shall articulate into community college credit in early
  663  childhood education, pursuant to ss. 1007.24 and 1007.25.
  664         (5) Operators of large family child care homes shall be
  665  required to complete 0.5 continuing education unit of approved
  666  training or 5 clock hours of equivalent training, as determined
  667  by the department, in numeracy, early literacy, and language
  668  development of children from birth to 5 years of age one time.
  669  The year that this training is completed, it shall fulfill the
  670  0.5 continuing education unit or 5 clock hours of the annual
  671  training required in subsection (4).
  672         (9) During the months of August and September of each year,
  673  Each large family child care home shall provide parents of
  674  children enrolling enrolled in the home detailed information
  675  regarding the causes, symptoms, and transmission of the
  676  influenza virus in an effort to educate those parents regarding
  677  the importance of immunizing their children against influenza as
  678  recommended by the Advisory Committee on Immunization Practices
  679  of the Centers for Disease Control and Prevention.
  680         (10) Notwithstanding any other state or local law or
  681  ordinance, any large family child care home licensed under this
  682  chapter or under a county ordinance shall be charged the utility
  683  rates accorded to a residential home. Such a home may not be
  684  charged commercial utility rates.
  685         Section 11. Subsections (4), (5), and (6) are added to
  686  section 402.316, Florida Statutes, to read:
  687         402.316 Exemptions.—
  688         (4) A child care facility operating under subsection (1)
  689  which is applying to operate or is operating as a provider of a
  690  program described in s. 1002.55, s. 1002.61, or s. 1002.88 must
  691  substantially comply with the minimum standards for child care
  692  facilities adopted pursuant to ss. 402.305-402.3057 and must
  693  allow the department or local licensing agency access to monitor
  694  and enforce compliance with such standards.
  695         (a) The department or local licensing agency may pursue
  696  administrative or judicial action under ss. 402.310-402.312 and
  697  the rules adopted under those sections against any child care
  698  facility operating under this subsection to enforce substantial
  699  compliance with child care facility minimum standards or to
  700  protect the health, safety, and well-being of any children in
  701  the facility’s care. A child care facility operating under this
  702  subsection is subject to ss. 402.310-402.312 and the rules
  703  adopted under those sections to the same extent as a child care
  704  facility licensed under ss. 402.301–402.319.
  705         (b) It is a misdemeanor of the first degree, punishable as
  706  provided in s. 775.082 or s. 775.083, for a person willfully,
  707  knowingly, or intentionally to:
  708         1. Fail, by false statement, misrepresentation,
  709  impersonation, or other fraudulent means, to disclose in any
  710  required written documentation for exclusion from licensure
  711  pursuant to this section a material fact used in making a
  712  determination as to such exclusion; or
  713         2. Use information from the criminal records obtained under
  714  s. 402.305 or s. 402.3055 for a purpose other than screening
  715  that person for employment as specified in those sections or to
  716  release such information to any other person for a purpose other
  717  than screening for employment as specified in those sections.
  718         (c) It is a felony of the third degree, punishable as
  719  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
  720  willfully, knowingly, or intentionally to use information from
  721  the juvenile records of a person obtained under s. 402.305 or s.
  722  402.3055 for a purpose other than screening for employment as
  723  specified in those sections or to release information from such
  724  records to any other person for a purpose other than screening
  725  for employment as specified in those sections.
  726         (5) The department shall establish a fee for inspection and
  727  compliance activities performed pursuant to this section in an
  728  amount sufficient to cover costs. However, the amount of such
  729  fee for the inspection of a program may not exceed the fee
  730  imposed for child care licensure pursuant to s. 402.315.
  731         (6) The inclusion of a child care facility operating under
  732  subsection (1) as a provider of a program described in s.
  733  1002.55, s. 1002.61, or s. 1002.88 does not expand the
  734  regulatory authority of the state, its officers, any local
  735  licensing agency, or any early learning coalition to impose any
  736  additional regulation of child care facilities beyond those
  737  reasonably necessary to enforce requirements expressly set forth
  738  in this section.
  739         Section 12. Section 627.70161, Florida Statutes, is amended
  740  to read:
  741         627.70161 Residential property insurance coverage; family
  742  day care homes and large family child care homes insurance.—
  743         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  744  family day care homes and large family child care homes fulfill
  745  a vital role in providing child care in Florida. It is the
  746  intent of the Legislature that residential property insurance
  747  coverage should not be canceled, denied, or nonrenewed solely
  748  because child on the basis of the family day care services are
  749  provided at the residence. The Legislature also recognizes that
  750  the potential liability of residential property insurers is
  751  substantially increased by the rendition of child care services
  752  on the premises. The Legislature therefore finds that there is a
  753  public need to specify that contractual liabilities associated
  754  that arise in connection with the operation of a the family day
  755  care home or large family child care home are excluded from
  756  residential property insurance policies unless they are
  757  specifically included in such coverage.
  758         (2) DEFINITIONS.—As used in this section, the term:
  759         (a) “Child care” means the care, protection, and
  760  supervision of a child, for a period up to of less than 24 hours
  761  a day on a regular basis, which supplements parental care,
  762  enrichment, and health supervision for the child, in accordance
  763  with his or her individual needs, and for which a payment, fee,
  764  or grant is made for care.
  765         (b) “Family day care home” has the same meaning as provided
  766  in s. 402.302(8) means an occupied residence in which child care
  767  is regularly provided for children from at least two unrelated
  768  families and which receives a payment, fee, or grant for any of
  769  the children receiving care, whether or not operated for a
  770  profit.
  771         (c) “Large family child care home” has the same meaning as
  772  provided in s. 402.302(11).
  773         (3) CHILD FAMILY DAY CARE; COVERAGE.—A residential property
  774  insurance policy may shall not provide coverage for liability
  775  for claims arising out of, or in connection with, the operation
  776  of a family day care home or large family child care home, and
  777  the insurer shall be under no obligation to defend against
  778  lawsuits covering such claims, unless:
  779         (a) Specifically covered in a policy; or
  780         (b) Covered by a rider or endorsement for business coverage
  781  attached to a policy.
  782         (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
  783  insurer may not deny, cancel, or refuse to renew a policy for
  784  residential property insurance solely on the basis that the
  785  policyholder or applicant operates a family day care home or
  786  large family child care home. In addition to other lawful
  787  reasons for refusing to insure, an insurer may deny, cancel, or
  788  refuse to renew a policy of a family day care home or large
  789  family child care home provider if one or more of the following
  790  conditions occur:
  791         (a) The policyholder or applicant provides care for more
  792  children than authorized for family day care homes or large
  793  family child care homes by s. 402.302;
  794         (b) The policyholder or applicant fails to maintain a
  795  separate commercial liability policy or an endorsement providing
  796  liability coverage for the family day care home or large family
  797  child care home operations;
  798         (c) The policyholder or applicant fails to comply with the
  799  family day care home licensure and registration requirements
  800  specified in s. 402.313 or the large family child care home
  801  licensure requirements specified in s. 402.3131; or
  802         (d) Discovery of willful or grossly negligent acts or
  803  omissions or any violations of state laws or regulations
  804  establishing safety standards for family day care homes and
  805  large family child care homes by the named insured or his or her
  806  representative which materially increase any of the risks
  807  insured.
  808         Section 13. Subsections (7), (8), and (9) are added to
  809  section 1001.213, Florida Statutes, to read:
  810         1001.213 Office of Early Learning.—There is created within
  811  the Office of Independent Education and Parental Choice the
  812  Office of Early Learning, as required under s. 20.15, which
  813  shall be administered by an executive director. The office shall
  814  be fully accountable to the Commissioner of Education but shall:
  815         (7) Hire a general counsel who reports directly to the
  816  executive director of the office.
  817         (8) Hire an inspector general who reports directly to the
  818  executive director of the office and to the Chief Inspector
  819  General pursuant to s. 14.32.
  820         (9) By July 1, 2016, develop and implement, in consultation
  821  with early learning coalitions and providers of the Voluntary
  822  Prekindergarten Education Program and the school readiness
  823  program, best practices for providing parental notifications in
  824  the parent’s native language to a parent whose native language
  825  is a language other than English.
  826         Section 14. Subsection (4) of section 1002.53, Florida
  827  Statutes, is amended to read:
  828         1002.53 Voluntary Prekindergarten Education Program;
  829  eligibility and enrollment.—
  830         (4)(a) Each parent enrolling a child in the Voluntary
  831  Prekindergarten Education Program must complete and submit an
  832  application to the early learning coalition through the single
  833  point of entry established under s. 1002.82 or to a private
  834  prekindergarten provider if the provider is authorized by the
  835  early learning coalition to determine student eligibility for
  836  enrollment in the program.
  837         (b) The application must be submitted on forms prescribed
  838  by the Office of Early Learning and must be accompanied by a
  839  certified copy of the child’s birth certificate. The forms must
  840  include a certification, in substantially the form provided in
  841  s. 1002.71(6)(b)2., that the parent chooses the private
  842  prekindergarten provider or public school in accordance with
  843  this section and directs that payments for the program be made
  844  to the provider or school. The Office of Early Learning may
  845  authorize alternative methods for submitting proof of the
  846  child’s age in lieu of a certified copy of the child’s birth
  847  certificate.
  848         (c) If a private prekindergarten provider has been
  849  authorized to determine child eligibility and enrollment, upon
  850  receipt of an application, the provider must:
  851         1. Determine the child’s eligibility for the program and be
  852  responsible for any errors in such determination.
  853         2. Retain the original application and certified copy of
  854  the child’s birth certificate or authorized alternative proof of
  855  age on file for at least 5 years.
  856  
  857  Pursuant to this paragraph, the early learning coalition may
  858  audit applications held by a private prekindergarten provider in
  859  the coalition’s service area to determine whether children
  860  enrolled and reported for funding by the provider have met the
  861  eligibility criteria in subsection (2).
  862         (d)(c) Each early learning coalition shall coordinate with
  863  each of the school districts within the coalition’s county or
  864  multicounty region in the development of procedures for
  865  enrolling children in prekindergarten programs delivered by
  866  public schools, including procedures for making child
  867  eligibility determinations and auditing enrollment records to
  868  confirm that enrolled children have met eligibility
  869  requirements.
  870         Section 15.  Section 1002.55, Florida Statutes, is amended
  871  to read:
  872         1002.55 School-year prekindergarten program delivered by
  873  private prekindergarten providers.—
  874         (1) Each early learning coalition shall administer the
  875  Voluntary Prekindergarten Education Program at the county or
  876  regional level for students enrolled under s. 1002.53(3)(a) in a
  877  school-year prekindergarten program delivered by a private
  878  prekindergarten provider. Each early learning coalition shall
  879  cooperate with the Office of Early Learning and the Child Care
  880  Services Program Office of the Department of Children and
  881  Families to reduce paperwork and to avoid duplicating
  882  interagency activities, health and safety monitoring, and
  883  acquiring and composing data pertaining to child care training
  884  and credentialing.
  885         (2) Each school-year prekindergarten program delivered by a
  886  private prekindergarten provider must comprise at least 540
  887  instructional hours.
  888         (3) To be eligible to deliver the prekindergarten program,
  889  a private prekindergarten provider must meet each of the
  890  following requirements:
  891         (a) The private prekindergarten provider must be a child
  892  care facility licensed under s. 402.305, family day care home
  893  licensed under s. 402.313, large family child care home licensed
  894  under s. 402.3131, nonpublic school exempt from licensure under
  895  s. 402.3025(2), or faith-based child care provider exempt from
  896  licensure under s. 402.316.
  897         (a)(b) The private prekindergarten provider must:
  898         1. Be accredited by an accrediting association that is a
  899  member of the National Council for Private School Accreditation,
  900  or the Florida Association of Academic Nonpublic Schools, or be
  901  accredited by the Southern Association of Colleges and Schools,
  902  or Western Association of Colleges and Schools, or North Central
  903  Association of Colleges and Schools, or Middle States
  904  Association of Colleges and Schools, or New England Association
  905  of Colleges and Schools; and have written accreditation
  906  standards that meet or exceed the state’s licensing requirements
  907  under s. 402.305, s. 402.313, or s. 402.3131 and require at
  908  least one onsite visit to the provider or school before
  909  accreditation is granted;
  910         2. Hold a current Gold Seal Quality Care designation under
  911  s. 402.281; or
  912         3. Be licensed under s. 402.305, s. 402.313, or s.
  913  402.3131; or
  914         4. Be a child development center located on a military
  915  installation that is certified by the United States Department
  916  of Defense.
  917         (b) The private prekindergarten provider must provide basic
  918  health and safety on its premises and in its facilities. For a
  919  public school, compliance with ss. 1003.22 and 1013.12 satisfies
  920  this requirement. For a nonpublic school, compliance with s.
  921  402.3025(2)(d) satisfies this requirement. For a child care
  922  facility, a licensed family day care home, or a large family
  923  child care home, compliance with s. 402.305, s. 402.313, or s.
  924  402.3131, respectively, satisfies this requirement. For a
  925  facility exempt from licensure, compliance with s. 402.316(4)
  926  satisfies this requirement and demonstrate, before delivering
  927  the Voluntary Prekindergarten Education Program, as verified by
  928  the early learning coalition, that the provider meets each of
  929  the requirements of the program under this part, including, but
  930  not limited to, the requirements for credentials and background
  931  screenings of prekindergarten instructors under paragraphs (c)
  932  and (d), minimum and maximum class sizes under paragraph (f),
  933  prekindergarten director credentials under paragraph (g), and a
  934  developmentally appropriate curriculum under s. 1002.67(2)(b).
  935         (c) The private prekindergarten provider must have, for
  936  each prekindergarten class of 11 children or fewer, at least one
  937  prekindergarten instructor who meets each of the following
  938  requirements:
  939         1. The prekindergarten instructor must hold, at a minimum,
  940  one of the following credentials:
  941         a. A child development associate credential issued by the
  942  National Credentialing Program of the Council for Professional
  943  Recognition; or
  944         b. A credential approved by the Department of Children and
  945  Families, pursuant to s. 402.305(3)(c), as being equivalent to
  946  or greater than the credential described in sub-subparagraph a.;
  947         c. An associate or higher degree in child development;
  948         d. An associate or higher degree in an unrelated field, at
  949  least 6 credit hours in early childhood education or child
  950  development, and at least 480 hours of experience in teaching or
  951  providing child care services for children any age from birth
  952  through 8 years of age;
  953         e. A baccalaureate or higher degree in early childhood
  954  education, prekindergarten or primary education, preschool
  955  education, or family and consumer science;
  956         f. A baccalaureate or higher degree in family and child
  957  science and at least 480 hours of experience in teaching or
  958  providing child care services for children any age from birth
  959  through 8 years of age;
  960         g. A baccalaureate or higher degree in elementary education
  961  if the prekindergarten instructor has been certified to teach
  962  children of any age from birth through grade 6, regardless of
  963  whether the instructor’s educator certificate is current, and if
  964  the instructor is not ineligible to teach in a public school
  965  because his or her educator certificate is suspended or revoked;
  966  or
  967         h. A credential approved by the department as being
  968  equivalent to or greater than a credential described in sub
  969  subparagraphs a.-f. The department may adopt criteria and
  970  procedures for approving such equivalent credentials.
  971  
  972  The Department of Children and Families may adopt rules under
  973  ss. 120.536(1) and 120.54 which provide criteria and procedures
  974  for approving equivalent credentials under sub-subparagraph b.
  975         2. The prekindergarten instructor must successfully
  976  complete an emergent literacy training course and a student
  977  performance standards training course approved by the office as
  978  meeting or exceeding the minimum standards adopted under s.
  979  1002.59. The requirement for completion of the standards
  980  training course shall take effect July 1, 2015 2014, and the
  981  course shall be available online.
  982         (d) Each prekindergarten instructor employed by the private
  983  prekindergarten provider must be of good moral character, must
  984  undergo background screening pursuant to s. 402.305(2)(a) be
  985  screened using the level 2 screening standards in s. 435.04
  986  before employment, must be and rescreened at least once every 5
  987  years, must be denied employment or terminated if required under
  988  s. 435.06, and must not be ineligible to teach in a public
  989  school because his or her educator certificate is suspended or
  990  revoked.
  991         (e) A private prekindergarten provider may assign a
  992  substitute instructor to temporarily replace a credentialed
  993  instructor if the credentialed instructor assigned to a
  994  prekindergarten class is absent, as long as the substitute
  995  instructor meets the requirements of paragraph (d) is of good
  996  moral character and has been screened before employment in
  997  accordance with level 2 background screening requirements in
  998  chapter 435. The Office of Early Learning shall adopt rules to
  999  implement this paragraph which shall include required
 1000  qualifications of substitute instructors and the circumstances
 1001  and time limits for which a private prekindergarten provider may
 1002  assign a substitute instructor.
 1003         (f) Each of the private prekindergarten provider’s
 1004  prekindergarten classes must be composed of at least 4 students
 1005  but may not exceed 20 students. In order to protect the health
 1006  and safety of students, each private prekindergarten provider
 1007  must also provide appropriate adult supervision for students at
 1008  all times and, for each prekindergarten class composed of 12 or
 1009  more students, must have, in addition to a prekindergarten
 1010  instructor who meets the requirements of paragraph (c), at least
 1011  one adult prekindergarten instructor who is not required to meet
 1012  those requirements but who must meet each requirement of s.
 1013  402.305(2) paragraph (d). This paragraph does not supersede any
 1014  requirement imposed on a provider under ss. 402.301-402.319.
 1015         (g) The private prekindergarten provider must have a
 1016  prekindergarten director who has a prekindergarten director
 1017  credential that is approved by the office as meeting or
 1018  exceeding the minimum standards adopted under s. 1002.57.
 1019  Successful completion of a child care facility director
 1020  credential under s. 402.305(2)(f) before the establishment of
 1021  the prekindergarten director credential under s. 1002.57 or July
 1022  1, 2006, whichever occurs later, satisfies the requirement for a
 1023  prekindergarten director credential under this paragraph.
 1024         (h) The private prekindergarten provider must register with
 1025  the early learning coalition on forms prescribed by the Office
 1026  of Early Learning.
 1027         (i) The private prekindergarten provider must execute the
 1028  statewide provider contract prescribed under s. 1002.75, except
 1029  that an individual who owns or operates multiple private
 1030  prekindergarten providers within a coalition’s service area may
 1031  execute a single agreement with the coalition on behalf of each
 1032  provider.
 1033         (j) The private prekindergarten provider must maintain
 1034  general liability insurance and provide the coalition with
 1035  written evidence of general liability insurance coverage,
 1036  including coverage for transportation of children if
 1037  prekindergarten students are transported by the provider. A
 1038  provider must obtain and retain an insurance policy that
 1039  provides a minimum of $100,000 of coverage per occurrence and a
 1040  minimum of $300,000 general aggregate coverage. The office may
 1041  authorize lower limits upon request, as appropriate. A provider
 1042  must add the coalition as a named certificateholder and as an
 1043  additional insured. A provider must provide the coalition with a
 1044  minimum of 10 calendar days’ advance written notice of
 1045  cancellation of or changes to coverage. The general liability
 1046  insurance required by this paragraph must remain in full force
 1047  and effect for the entire period of the provider contract with
 1048  the coalition.
 1049         (k) The private prekindergarten provider must obtain and
 1050  maintain any required workers’ compensation insurance under
 1051  chapter 440 and any required reemployment assistance or
 1052  unemployment compensation coverage under chapter 443, unless
 1053  exempt under state or federal law.
 1054         (l) Notwithstanding paragraph (j), for a private
 1055  prekindergarten provider that is a state agency or a subdivision
 1056  thereof, as defined in s. 768.28(2), the provider must agree to
 1057  notify the coalition of any additional liability coverage
 1058  maintained by the provider in addition to that otherwise
 1059  established under s. 768.28. The provider shall indemnify the
 1060  coalition to the extent permitted by s. 768.28.
 1061         (m) The private prekindergarten provider shall be denied
 1062  initial eligibility to offer the program if the provider has
 1063  been cited for a Class I violation in the 12 months before
 1064  seeking eligibility and the Office of Early Learning determines
 1065  that denial of initial eligibility is appropriate after a review
 1066  of the violation and the provider’s licensure history. The
 1067  Office of Early Learning shall establish a procedure of due
 1068  process which ensures each provider the opportunity to appeal
 1069  such a denial of initial eligibility to offer the program. The
 1070  decision of the Office of Early Learning is not subject to the
 1071  provisions of the Administrative Procedure Act, chapter 120.
 1072         (n)(m) The private prekindergarten provider must deliver
 1073  the Voluntary Prekindergarten Education Program in accordance
 1074  with this part and have child disciplinary policies that
 1075  prohibit children from being subjected to discipline that is
 1076  severe, humiliating, frightening, or associated with food, rest,
 1077  toileting, spanking, or any other form of physical punishment as
 1078  provided in s. 402.305(12).
 1079         (o)Beginning January 1, 2015, at least 50 percent of the
 1080  instructors employed by a prekindergarten provider at each
 1081  location, who are responsible for supervising children in care,
 1082  must be trained in first aid and infant and child
 1083  cardiopulmonary resuscitation, as evidenced by current
 1084  documentation of course completion. As a condition of
 1085  employment, instructors hired on or after January 1, 2015, must
 1086  complete this training within 60 days after employment.
 1087         (p) Beginning January 1, 2016, the private prekindergarten
 1088  provider must employ child care personnel who hold a high school
 1089  diploma or its equivalent and are at least 18 years of age,
 1090  unless the personnel are not responsible for supervising
 1091  children in care or are under direct supervision and are not
 1092  counted for the purposes of computing the personnel-to-child
 1093  ratio.
 1094         (4) A prekindergarten instructor, in lieu of the minimum
 1095  credentials and courses required under paragraph (3)(c), may
 1096  hold one of the following educational credentials:
 1097         (a) A bachelor’s or higher degree in early childhood
 1098  education, prekindergarten or primary education, preschool
 1099  education, or family and consumer science;
 1100         (b) A bachelor’s or higher degree in elementary education,
 1101  if the prekindergarten instructor has been certified to teach
 1102  children any age from birth through 6th grade, regardless of
 1103  whether the instructor’s educator certificate is current, and if
 1104  the instructor is not ineligible to teach in a public school
 1105  because his or her educator certificate is suspended or revoked;
 1106         (c) An associate’s or higher degree in child development;
 1107         (d) An associate’s or higher degree in an unrelated field,
 1108  at least 6 credit hours in early childhood education or child
 1109  development, and at least 480 hours of experience in teaching or
 1110  providing child care services for children any age from birth
 1111  through 8 years of age; or
 1112         (e) An educational credential approved by the department as
 1113  being equivalent to or greater than an educational credential
 1114  described in this subsection. The department may adopt criteria
 1115  and procedures for approving equivalent educational credentials
 1116  under this paragraph.
 1117         (5) Notwithstanding paragraph (3)(b), a private
 1118  prekindergarten provider may not participate in the Voluntary
 1119  Prekindergarten Education Program if the provider has child
 1120  disciplinary policies that do not prohibit children from being
 1121  subjected to discipline that is severe, humiliating,
 1122  frightening, or associated with food, rest, toileting, spanking,
 1123  or any other form of physical punishment as provided in s.
 1124  402.305(12).
 1125         Section 16. Subsection (1) of section 1002.59, Florida
 1126  Statutes, is amended to read:
 1127         1002.59 Emergent literacy and performance standards
 1128  training courses.—
 1129         (1) The office shall adopt minimum standards for one or
 1130  more training courses in emergent literacy for prekindergarten
 1131  instructors. Each course must comprise 5 clock hours and provide
 1132  instruction in strategies and techniques to address the age
 1133  appropriate progress of prekindergarten students in developing
 1134  emergent literacy skills, including oral communication,
 1135  knowledge of print and letters, phonemic and phonological
 1136  awareness, and vocabulary and comprehension development. Each
 1137  course must also provide resources containing strategies that
 1138  allow students with disabilities and other special needs to
 1139  derive maximum benefit from the Voluntary Prekindergarten
 1140  Education Program. Successful completion of an emergent literacy
 1141  training course approved under this section satisfies
 1142  requirements for approved training in early literacy and
 1143  language development under ss. 402.305(2)(d)5., 402.313(4)(c)
 1144  402.313(6), and 402.3131(5).
 1145         Section 17. Subsections (4) through (7) of section 1002.61,
 1146  Florida Statutes, are amended to read:
 1147         1002.61 Summer prekindergarten program delivered by public
 1148  schools and private prekindergarten providers.—
 1149         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
 1150  Each public school and private prekindergarten provider that
 1151  delivers the summer prekindergarten program must have, for each
 1152  prekindergarten class, at least one prekindergarten instructor
 1153  who is a certified teacher or holds one of the educational
 1154  credentials specified in s. 1002.55(3)(c)1.e.-h. 1002.55(4)(a)
 1155  or (b). As used in this subsection, the term “certified teacher”
 1156  means a teacher holding a valid Florida educator certificate
 1157  under s. 1012.56 who has the qualifications required by the
 1158  district school board to instruct students in the summer
 1159  prekindergarten program. In selecting instructional staff for
 1160  the summer prekindergarten program, each school district shall
 1161  give priority to teachers who have experience or coursework in
 1162  early childhood education.
 1163         (5) Each prekindergarten instructor employed by a public
 1164  school or private prekindergarten provider delivering the summer
 1165  prekindergarten program must be of good moral character, must
 1166  undergo background screening pursuant to s. 402.305(2)(a) be
 1167  screened using the level 2 screening standards in s. 435.04
 1168  before employment, must be and rescreened at least once every 5
 1169  years, and must be denied employment or terminated if required
 1170  under s. 435.06. Each prekindergarten instructor employed by a
 1171  public school delivering the summer prekindergarten program, and
 1172  must satisfy the not be ineligible to teach in a public school
 1173  because his or her educator certificate is suspended or revoked.
 1174  This subsection does not supersede employment requirements for
 1175  instructional personnel in public schools as provided in s.
 1176  1012.32 which are more stringent than the requirements of this
 1177  subsection.
 1178         (6) A public school or private prekindergarten provider may
 1179  assign a substitute instructor to temporarily replace a
 1180  credentialed instructor if the credentialed instructor assigned
 1181  to a prekindergarten class is absent, as long as the substitute
 1182  instructor meets the requirements of subsection (5) is of good
 1183  moral character and has been screened before employment in
 1184  accordance with level 2 background screening requirements in
 1185  chapter 435. This subsection does not supersede employment
 1186  requirements for instructional personnel in public schools which
 1187  are more stringent than the requirements of this subsection. The
 1188  Office of Early Learning shall adopt rules to implement this
 1189  subsection which must shall include required qualifications of
 1190  substitute instructors and the circumstances and time limits for
 1191  which a public school or private prekindergarten provider may
 1192  assign a substitute instructor.
 1193         (7) Notwithstanding ss. 1002.55(3)(e) 1002.55(3)(f) and
 1194  1002.63(7), each prekindergarten class in the summer
 1195  prekindergarten program, regardless of whether the class is a
 1196  public school’s or private prekindergarten provider’s class,
 1197  must be composed of at least 4 students but may not exceed 12
 1198  students beginning with the 2009 summer session. In order to
 1199  protect the health and safety of students, each public school or
 1200  private prekindergarten provider must also provide appropriate
 1201  adult supervision for students at all times. This subsection
 1202  does not supersede any requirement imposed on a provider under
 1203  ss. 402.301-402.319.
 1204         Section 18. Subsections (5) and (6) of section 1002.63,
 1205  Florida Statutes, are amended to read:
 1206         1002.63 School-year prekindergarten program delivered by
 1207  public schools.—
 1208         (5) Each prekindergarten instructor employed by a public
 1209  school delivering the school-year prekindergarten program must
 1210  satisfy the be of good moral character, must be screened using
 1211  the level 2 screening standards in s. 435.04 before employment
 1212  and rescreened at least once every 5 years, must be denied
 1213  employment or terminated if required under s. 435.06, and must
 1214  not be ineligible to teach in a public school because his or her
 1215  educator certificate is suspended or revoked. This subsection
 1216  does not supersede employment requirements for instructional
 1217  personnel in public schools as provided in s. 1012.32 which are
 1218  more stringent than the requirements of this subsection.
 1219         (6) A public school prekindergarten provider may assign a
 1220  substitute instructor to temporarily replace a credentialed
 1221  instructor if the credentialed instructor assigned to a
 1222  prekindergarten class is absent, as long as the substitute
 1223  instructor meets the requirements of subsection (5) is of good
 1224  moral character and has been screened before employment in
 1225  accordance with level 2 background screening requirements in
 1226  chapter 435. This subsection does not supersede employment
 1227  requirements for instructional personnel in public schools which
 1228  are more stringent than the requirements of this subsection. The
 1229  Office of Early Learning shall adopt rules to implement this
 1230  subsection which must shall include required qualifications of
 1231  substitute instructors and the circumstances and time limits for
 1232  which a public school prekindergarten provider may assign a
 1233  substitute instructor.
 1234         Section 19. Paragraph (a) of subsection (6) of section
 1235  1002.71, Florida Statutes, is amended to read:
 1236         1002.71 Funding; financial and attendance reporting.—
 1237         (6)(a) Each parent enrolling his or her child in the
 1238  Voluntary Prekindergarten Education Program must agree to comply
 1239  with the attendance policy of the private prekindergarten
 1240  provider or district school board, as applicable. Upon
 1241  enrollment of the child, the private prekindergarten provider or
 1242  public school, as applicable, must provide the child’s parent
 1243  with program information, including, but not limited to, child
 1244  development, expectations for parent engagement, the daily
 1245  schedule, and the a copy of the provider’s or school district’s
 1246  attendance policy, which must include procedures for contacting
 1247  a parent on the second consecutive day a child is absent for
 1248  which the reason is unknown as applicable.
 1249         Section 20. Subsection (1) of section 1002.75, Florida
 1250  Statutes, is amended to read:
 1251         1002.75 Office of Early Learning; powers and duties.—
 1252         (1) The Office of Early Learning shall adopt by rule a
 1253  standard statewide provider contract to be used with each
 1254  Voluntary Prekindergarten Education Program provider, with
 1255  standardized attachments by provider type. The office shall
 1256  publish a copy of the standard statewide provider contract on
 1257  its website. The standard statewide contract must shall include,
 1258  at a minimum, provisions that:
 1259         (a) Govern for provider probation, termination for cause,
 1260  and emergency termination for those actions or inactions of a
 1261  provider that pose an immediate and serious danger to the
 1262  health, safety, or welfare of children. The standard statewide
 1263  contract shall also include appropriate due process procedures.
 1264  During the pendency of an appeal of a termination, the provider
 1265  may not continue to offer its services.
 1266         (b) Require each private prekindergarten provider to
 1267  conspicuously post, in an area visible to parents, on the
 1268  premises, pursuant to s. 402.3125(1)(b), and the provider’s
 1269  Internet website, if available, each citation for a Class I
 1270  violation, as defined by rule of the Department of Children and
 1271  Families, which results in disciplinary action. Such posting
 1272  must use simple language to describe each violation with
 1273  specificity and include a copy of the citation and the contact
 1274  information of the Department of Children and Families or the
 1275  local licensing agency from which the parent may obtain
 1276  additional information regarding the citation. Posting of a
 1277  Class I violation by the provider must occur within 24 hours
 1278  after receipt of the citation. Additionally, such provider shall
 1279  post each inspection report on the premises in an area visible
 1280  to parents, which report must remain posted until the next
 1281  inspection report is available.
 1282         (c) Specify that child care personnel employed by the
 1283  provider who are responsible for supervising children in care
 1284  must be trained in developmentally appropriate practices aligned
 1285  to the age and needs of children over which the personnel are
 1286  assigned supervision duties. This requirement is met by the
 1287  completion of developmentally appropriate practice courses
 1288  administered by the Department of Children and Families under s.
 1289  402.305(2)(d)1. within 30 days after being assigned such
 1290  children if the child care personnel has not previously
 1291  completed the training.
 1292  
 1293  Any provision imposed upon a provider that is inconsistent with,
 1294  or prohibited by, law is void and unenforceable.
 1295         Section 21. Subsections (1), (3), and (5) of section
 1296  1002.77, Florida Statutes, are amended to read:
 1297         1002.77 Florida Early Learning Advisory Council.—
 1298         (1) There is created the Florida Early Learning Advisory
 1299  Council within the Office of Early Learning. The purpose of the
 1300  advisory council is to provide written input submit
 1301  recommendations to the executive director office on early
 1302  learning best practices, including recommendations relating to
 1303  the most effective program administration; of the Voluntary
 1304  Prekindergarten Education Program under this part and the school
 1305  readiness program under part VI of this chapter. The advisory
 1306  council shall periodically analyze and provide recommendations
 1307  to the office on the effective and efficient use of local,
 1308  state, and federal funds; the content of professional
 1309  development training programs; and best practices for the
 1310  development and implementation of coalition plans pursuant to s.
 1311  1002.85.
 1312         (3) The advisory council shall meet at least quarterly upon
 1313  the call of the executive director but may meet as often as
 1314  necessary to carry out its duties and responsibilities. The
 1315  executive director is encouraged to advisory council may use
 1316  communications media technology any method of telecommunications
 1317  to conduct meetings in accordance with s. 120.54(5)(b),
 1318  including establishing a quorum through telecommunications, only
 1319  if the public is given proper notice of a telecommunications
 1320  meeting and reasonable access to observe and, when appropriate,
 1321  participate.
 1322         (5) The Office of Early Learning shall provide staff and
 1323  administrative support for the advisory council as determined by
 1324  the executive director.
 1325         Section 22. Paragraph (f) of subsection (1) and subsections
 1326  (8) and (16) of section 1002.81, Florida Statutes, are amended
 1327  to read:
 1328         1002.81 Definitions.—Consistent with the requirements of 45
 1329  C.F.R. parts 98 and 99 and as used in this part, the term:
 1330         (1) “At-risk child” means:
 1331         (f) A child in the custody of a parent who is considered
 1332  homeless as verified by a designated lead agency on the homeless
 1333  assistance continuum of care established under ss. 420.622
 1334  420.624 Department of Children and Families certified homeless
 1335  shelter.
 1336         (8) “Family income” means the combined gross income,
 1337  whether earned or unearned, that is derived from any source by
 1338  all family or household members who are 18 years of age or older
 1339  who are currently residing together in the same dwelling unit.
 1340  The term does not include:
 1341         (a) Income earned by a currently enrolled high school
 1342  student who, since attaining the age of 18 years, or a student
 1343  with a disability who, since attaining the age of 22 years, has
 1344  not terminated school enrollment or received a high school
 1345  diploma, high school equivalency diploma, special diploma, or
 1346  certificate of high school completion.
 1347         (b) Income earned by a teen parent residing in the same
 1348  residence as a separate family unit.
 1349         (c) Selected items from the state’s Child Care and
 1350  Development Fund Plan, such as The term also does not include
 1351  food stamp benefits, documented child support and alimony
 1352  payments paid out of the home, or federal housing assistance
 1353  payments issued directly to a landlord or the associated
 1354  utilities expenses.
 1355         (16) “Working family” means:
 1356         (a) A single-parent family in which the parent with whom
 1357  the child resides is employed or engaged in eligible work or
 1358  education activities for at least 20 hours per week or is exempt
 1359  from work requirements due to age or disability, as determined
 1360  and documented by a physician licensed under chapter 458 or
 1361  chapter 459;
 1362         (b) A two-parent family in which both parents with whom the
 1363  child resides are employed or engaged in eligible work or
 1364  education activities for a combined total of at least 40 hours
 1365  per week; or
 1366         (c) A two-parent family in which one of the parents with
 1367  whom the child resides is exempt from work requirements due to
 1368  age or disability, as determined and documented by a physician
 1369  licensed under chapter 458 or chapter 459, and one parent is
 1370  employed or engaged in eligible work or education activities at
 1371  least 20 hours per week; or
 1372         (d) A two-parent family in which both of the parents with
 1373  whom the child resides are exempt from work requirements due to
 1374  age or disability, as determined and documented by a physician
 1375  licensed under chapter 458 or chapter 459.
 1376         Section 23. Paragraphs (b), (j), (m), and (p) of subsection
 1377  (2) of section 1002.82, Florida Statutes, are amended to read:
 1378         1002.82 Office of Early Learning; powers and duties.—
 1379         (2) The office shall:
 1380         (b) Preserve parental choice by permitting parents to
 1381  choose from a variety of child care categories authorized in s.
 1382  1002.88(1)(a), including center-based care, family child care,
 1383  and informal child care to the extent authorized in the state’s
 1384  Child Care and Development Fund Plan as approved by the United
 1385  States Department of Health and Human Services pursuant to 45
 1386  C.F.R. s. 98.18. Care and curriculum by a faith-based provider
 1387  may not be limited or excluded in any of these categories.
 1388         (j) Develop and adopt standards and benchmarks that address
 1389  the age-appropriate progress of children in the development of
 1390  school readiness skills. The standards for children from birth
 1391  to 5 years of age in the school readiness program must be
 1392  aligned with the performance standards adopted for children in
 1393  the Voluntary Prekindergarten Education Program and must address
 1394  the following domains:
 1395         1. Approaches to learning.
 1396         2. Cognitive development and general knowledge.
 1397         3. Numeracy, language, and communication.
 1398         4. Physical development.
 1399         5. Self-regulation.
 1400  
 1401  By July 1, 2015, the Office of Early Learning shall develop and
 1402  implement an online training course on the performance standards
 1403  for school readiness program provider personnel pursuant to this
 1404  paragraph.
 1405         (m) Adopt by rule a standard statewide provider contract to
 1406  be used with each school readiness program provider, with
 1407  standardized attachments by provider type. The office shall
 1408  publish a copy of the standard statewide provider contract on
 1409  its website. The standard statewide contract must shall include,
 1410  at a minimum, provisions that:
 1411         1. Govern for provider probation, termination for cause,
 1412  and emergency termination for those actions or inactions of a
 1413  provider that pose an immediate and serious danger to the
 1414  health, safety, or welfare of the children. The standard
 1415  statewide provider contract shall also include appropriate due
 1416  process procedures. During the pendency of an appeal of a
 1417  termination, the provider may not continue to offer its
 1418  services.
 1419         2. Require each provider that is eligible to provide the
 1420  program pursuant to s. 1002.88(1)(a) to conspicuously post, in
 1421  an area visible to parents, on the premises, pursuant to s.
 1422  402.3125(1)(b), and the provider’s Internet website, if
 1423  available, each citation for a Class I violation, as defined by
 1424  rule of the Department of Children and Families, which results
 1425  in disciplinary action. Such posting must use simple language to
 1426  describe each violation with specificity and include a copy of
 1427  the citation and the contact information of the Department of
 1428  Children and Families or the local licensing agency from which
 1429  the parent may obtain additional information regarding the
 1430  citation. Posting of a Class I violation by the provider must
 1431  occur within 24 hours after receipt of the citation.
 1432  Additionally, such provider shall post each inspection report on
 1433  the premises in an area visible to parents, which report must
 1434  remain posted until the next inspection report is available.
 1435         3. Specify that child care personnel employed by the
 1436  provider who are responsible for supervising children in care
 1437  must be trained in developmentally appropriate practices aligned
 1438  to the age and needs of children over which the personnel are
 1439  assigned supervision duties. This requirement is met by
 1440  completion of developmentally appropriate practice courses
 1441  administered by the Department of Children and Families under s.
 1442  402.305(2)(d)1. within 30 days after being assigned such
 1443  children if the child care personnel has not previously
 1444  completed the training.
 1445         4. Require child care personnel who are employed by the
 1446  provider to complete an online training course on the
 1447  performance standards adopted pursuant to paragraph (j).
 1448  
 1449  Any provision imposed upon a provider that is inconsistent with,
 1450  or prohibited by, law is void and unenforceable.
 1451         (p) Monitor and evaluate the performance of each early
 1452  learning coalition in administering the school readiness program
 1453  and the Voluntary Prekindergarten Education Program, ensuring
 1454  proper payments for school readiness program and Voluntary
 1455  Prekindergarten Education Program services, and implementing the
 1456  coalition’s school readiness program plan, and administering the
 1457  Voluntary Prekindergarten Education Program. These monitoring
 1458  and performance evaluations must include, at a minimum, onsite
 1459  monitoring of each coalition’s finances, management, operations,
 1460  and programs.
 1461         Section 24. Subsections (8) and (20) of section 1002.84,
 1462  Florida Statutes, are amended to read:
 1463         1002.84 Early learning coalitions; school readiness powers
 1464  and duties.—Each early learning coalition shall:
 1465         (8) Establish a parent sliding fee scale that requires a
 1466  parent copayment to participate in the school readiness program.
 1467  Providers are required to collect the parent’s copayment. A
 1468  coalition may, on a case-by-case basis, waive the copayment for
 1469  an at-risk child or temporarily waive the copayment for a child
 1470  whose family’s income is at or below the federal poverty level
 1471  and family experiences a natural disaster or an event that
 1472  limits the parent’s ability to pay, such as incarceration,
 1473  placement in residential treatment, or becoming homeless, or an
 1474  emergency situation such as a household fire or burglary, or
 1475  while the parent is participating in parenting classes. A parent
 1476  may not transfer school readiness program services to another
 1477  school readiness program provider until the parent has submitted
 1478  documentation from the current school readiness program provider
 1479  to the early learning coalition stating that the parent has
 1480  satisfactorily fulfilled the copayment obligation.
 1481         (20) To increase transparency and accountability, comply
 1482  with the requirements of this section before contracting with a
 1483  member of the coalition, an employee of the coalition, or a
 1484  relative, as defined in s. 112.3143(1) s. 112.3143(1)(b), of a
 1485  coalition member or of an employee of the coalition. Such
 1486  contracts may not be executed without the approval of the
 1487  office. Such contracts, as well as documentation demonstrating
 1488  adherence to this section by the coalition, must be approved by
 1489  a two-thirds vote of the coalition, a quorum having been
 1490  established; all conflicts of interest must be disclosed before
 1491  the vote; and any member who may benefit from the contract, or
 1492  whose relative may benefit from the contract, must abstain from
 1493  the vote. A contract under $25,000 between an early learning
 1494  coalition and a member of that coalition or between a relative,
 1495  as defined in s. 112.3143(1) s. 112.3143(1)(b), of a coalition
 1496  member or of an employee of the coalition is not required to
 1497  have the prior approval of the office but must be approved by a
 1498  two-thirds vote of the coalition, a quorum having been
 1499  established, and must be reported to the office within 30 days
 1500  after approval. If a contract cannot be approved by the office,
 1501  a review of the decision to disapprove the contract may be
 1502  requested by the early learning coalition or other parties to
 1503  the disapproved contract.
 1504         Section 25. Paragraphs (c) and (h) of subsection (1) and
 1505  subsections (6) through (8) of section 1002.87, Florida
 1506  Statutes, are amended to read:
 1507         1002.87 School readiness program; eligibility and
 1508  enrollment.—
 1509         (1) Effective August 1, 2013, or upon reevaluation of
 1510  eligibility for children currently served, whichever is later,
 1511  each early learning coalition shall give priority for
 1512  participation in the school readiness program as follows:
 1513         (c) Priority shall be given next to a child from birth to
 1514  the beginning of the school year for which the child is eligible
 1515  for admission to kindergarten in a public school under s.
 1516  1003.21(1)(a)2. who is from a working family that is
 1517  economically disadvantaged, and may include such child’s
 1518  eligible siblings, beginning with the school year in which the
 1519  sibling is eligible for admission to kindergarten in a public
 1520  school under s. 1003.21(1)(a)2. until the beginning of the
 1521  school year in which the sibling enters is eligible to begin 6th
 1522  grade, provided that the first priority for funding an eligible
 1523  sibling is local revenues available to the coalition for funding
 1524  direct services. However, a child eligible under this paragraph
 1525  ceases to be eligible if his or her family income exceeds 200
 1526  percent of the federal poverty level.
 1527         (h) Priority shall be given next to a child who has special
 1528  needs, has been determined eligible as an infant or toddler from
 1529  birth to 3 years of age with an individualized family support
 1530  plan receiving early intervention services or as a student with
 1531  a disability with, has a current individual education plan with
 1532  a Florida school district, and is not younger than 3 years of
 1533  age. A special needs child eligible under this paragraph remains
 1534  eligible until the child is eligible for admission to
 1535  kindergarten in a public school under s. 1003.21(1)(a)2.
 1536         (6) Eligibility for each child must be reevaluated
 1537  annually. Upon reevaluation, a child may not continue to receive
 1538  school readiness program services if he or she has ceased to be
 1539  eligible under this section. If a child no longer meets
 1540  eligibility or program requirements, the coalition must
 1541  immediately notify the child’s parent and the provider that
 1542  funding will end 2 weeks after the date on which the child was
 1543  determined to be ineligible or when the current child care
 1544  authorization expires, whichever occurs first.
 1545         (7) If a coalition disenrolls children from the school
 1546  readiness program due to lack of funding or a change in
 1547  eligibility priorities, the coalition must disenroll the
 1548  children in reverse order of the eligibility priorities listed
 1549  in subsection (1) beginning with children from families with the
 1550  highest family incomes. A notice of disenrollment must be sent
 1551  to the parent and school readiness program provider at least 2
 1552  weeks before disenrollment or the expiration of the current
 1553  child care authorization, whichever occurs first, to provide
 1554  adequate time for the parent to arrange alternative care for the
 1555  child. However, an at-risk child receiving services from the
 1556  Child Welfare Program Office of the Department of Children and
 1557  Families may not be disenrolled from the program without the
 1558  written approval of the Child Welfare Program Office of the
 1559  Department of Children and Families or the community-based lead
 1560  agency.
 1561         (8) If a child is absent from the program for 2 consecutive
 1562  days without parental notification to the program of such
 1563  absence, the school readiness program provider shall contact the
 1564  parent and determine the cause for absence and expected date of
 1565  return. If a child is absent from the program for 5 consecutive
 1566  days without parental notification to the program of such
 1567  absence, the school readiness program provider shall report the
 1568  absence to the early learning coalition for a determination of
 1569  the need for continued care.
 1570         Section 26. Paragraphs (a) through (c) and (l) through (q)
 1571  of subsection (1) of section 1002.88, Florida Statutes, are
 1572  amended, present subsections (2) and (3) are renumbered as
 1573  subsections (4) and (5), respectively, present subsection (2) is
 1574  amended, and new subsections (2) and (3) are added to that
 1575  section, to read:
 1576         1002.88 School readiness program provider standards;
 1577  eligibility to deliver the school readiness program.—
 1578         (1) To be eligible to deliver the school readiness program,
 1579  a school readiness program provider must:
 1580         (a)1. Be a nonpublic school in substantial compliance with
 1581  s. 402.3025(2)(d), a child care facility licensed under s.
 1582  402.305, a family day care home licensed or registered under s.
 1583  402.313, a large family child care home licensed under s.
 1584  402.3131, or a child care facility exempt from licensure
 1585  operating under s. 402.316(4);
 1586         2. Be an entity that is part of Florida’s education system
 1587  under s. 1000.04(1); a public school or nonpublic school exempt
 1588  from licensure under s. 402.3025, a faith-based child care
 1589  provider exempt from licensure under s. 402.316, a before-school
 1590  or after-school program described in s. 402.305(1)(c), or
 1591         3.Be an informal child care provider to the extent
 1592  authorized in the state’s Child Care and Development Fund Plan
 1593  as approved by the United States Department of Health and Human
 1594  Services pursuant to 45 C.F.R. s. 98.18.
 1595         (b) Provide instruction and activities to enhance the age
 1596  appropriate progress of each child in attaining the child
 1597  development standards adopted by the office pursuant to s.
 1598  1002.82(2)(j). A provider should include activities to foster
 1599  brain development in infants and toddlers; provide an
 1600  environment that is rich in language and music and filled with
 1601  objects of various colors, shapes, textures, and sizes to
 1602  stimulate visual, tactile, auditory, and linguistic senses; and
 1603  include 30 minutes of reading to children each day. A provider
 1604  must provide parents information on child development,
 1605  expectations for parent engagement, the daily schedule, and the
 1606  attendance policy.
 1607         (c) Provide basic health and safety of its premises and
 1608  facilities in accordance with applicable licensing and
 1609  inspection requirements and compliance with requirements for
 1610  age-appropriate immunizations of children enrolled in the school
 1611  readiness program. For a child care facility, a large family
 1612  child care home, or a licensed family day care home, compliance
 1613  with s. 402.305, s. 402.3131, or s. 402.313 satisfies this
 1614  requirement. For a public or nonpublic school, compliance with
 1615  ss. s. 402.3025 or s. 1003.22 and 1013.12 satisfies this
 1616  requirement. For a nonpublic school, compliance with s.
 1617  402.3025(2)(d) satisfies this requirement. For a facility exempt
 1618  from licensure, compliance with s. 402.316(4) satisfies this
 1619  requirement. For an informal provider, substantial compliance as
 1620  defined in s. 402.302(17) satisfies this requirement. A provider
 1621  shall be denied initial eligibility to offer the program if the
 1622  provider has been cited for a Class I violation in the 12 months
 1623  before seeking eligibility and the Office of Early Learning
 1624  determines that denial of initial eligibility is appropriate
 1625  after a review of the violation and the provider’s licensure
 1626  history. The Office of Early Learning shall establish a
 1627  procedure of due process which ensures each provider the
 1628  opportunity to appeal such a denial of initial eligibility to
 1629  offer the program. The decision of the Office of Early Learning
 1630  is not subject to the provisions of the Administrative Procedure
 1631  Act, chapter 120 A faith-based child care provider, an informal
 1632  child care provider, or a nonpublic school, exempt from
 1633  licensure under s. 402.316 or s. 402.3025, shall annually
 1634  complete the health and safety checklist adopted by the office,
 1635  post the checklist prominently on its premises in plain sight
 1636  for visitors and parents, and submit it annually to its local
 1637  early learning coalition.
 1638         (l) For a provider that is not an informal provider,
 1639  Maintain general liability insurance and provide the coalition
 1640  with written evidence of general liability insurance coverage,
 1641  including coverage for transportation of children if school
 1642  readiness program children are transported by the provider. A
 1643  private provider must obtain and retain an insurance policy that
 1644  provides a minimum of $100,000 of coverage per occurrence and a
 1645  minimum of $300,000 general aggregate coverage. The office may
 1646  authorize lower limits upon request, as appropriate. A provider
 1647  must add the coalition as a named certificateholder and as an
 1648  additional insured. A private provider must provide the
 1649  coalition with a minimum of 10 calendar days’ advance written
 1650  notice of cancellation of or changes to coverage. The general
 1651  liability insurance required by this paragraph must remain in
 1652  full force and effect for the entire period of the provider
 1653  contract with the coalition.
 1654         (m) For a provider that is an informal provider, comply
 1655  with the provisions of paragraph (l) or maintain homeowner’s
 1656  liability insurance and, if applicable, a business rider. If an
 1657  informal provider chooses to maintain a homeowner’s policy, the
 1658  provider must obtain and retain a homeowner’s insurance policy
 1659  that provides a minimum of $100,000 of coverage per occurrence
 1660  and a minimum of $300,000 general aggregate coverage. The office
 1661  may authorize lower limits upon request, as appropriate. An
 1662  informal provider must add the coalition as a named
 1663  certificateholder and as an additional insured. An informal
 1664  provider must provide the coalition with a minimum of 10
 1665  calendar days’ advance written notice of cancellation of or
 1666  changes to coverage. The general liability insurance required by
 1667  this paragraph must remain in full force and effect for the
 1668  entire period of the provider’s contract with the coalition.
 1669         (m)(n) Obtain and maintain any required workers’
 1670  compensation insurance under chapter 440 and any required
 1671  reemployment assistance or unemployment compensation coverage
 1672  under chapter 443, unless exempt under state or federal law.
 1673         (n)(o) Notwithstanding paragraph (l), for a provider that
 1674  is a state agency or a subdivision thereof, as defined in s.
 1675  768.28(2), agree to notify the coalition of any additional
 1676  liability coverage maintained by the provider in addition to
 1677  that otherwise established under s. 768.28. The provider shall
 1678  indemnify the coalition to the extent permitted by s. 768.28.
 1679         (o)(p) Execute the standard statewide provider contract
 1680  adopted by the office.
 1681         (p)(q) Operate on a full-time and part-time basis and
 1682  provide extended-day and extended-year services to the maximum
 1683  extent possible without compromising the quality of the program
 1684  to meet the needs of parents who work.
 1685         (2) Beginning January 1, 2016, child care personnel
 1686  employed by a school readiness program provider must hold a high
 1687  school diploma or its equivalent and be at least 18 years of
 1688  age, unless the personnel are not responsible for supervising
 1689  children in care or are under direct supervision and are not
 1690  counted for the purposes of computing the personnel-to-child
 1691  ratio.
 1692         (3)Beginning January 1, 2015, at least 50 percent of the
 1693  child care personnel employed by a school readiness provider at
 1694  each location, who are responsible for supervising children in
 1695  care, must be trained in first aid and infant and child
 1696  cardiopulmonary resuscitation, as evidenced by current
 1697  documentation of course completion. As a condition of
 1698  employment, personnel hired on or after January 1, 2015, must
 1699  complete this training within 60 days after employment.
 1700         (4)(2) If a school readiness program provider fails or
 1701  refuses to comply with this part or any contractual obligation
 1702  of the statewide provider contract under s. 1002.82(2)(m), the
 1703  coalition may revoke the provider’s eligibility to deliver the
 1704  school readiness program or receive state or federal funds under
 1705  this chapter for a period of 5 years.
 1706         Section 27. Paragraph (b) of subsection (6) and subsection
 1707  (7) of Section 1002.89, Florida Statutes, are amended to read:
 1708         1002.89 School readiness program; funding.—
 1709         (6) Costs shall be kept to the minimum necessary for the
 1710  efficient and effective administration of the school readiness
 1711  program with the highest priority of expenditure being direct
 1712  services for eligible children. However, no more than 5 percent
 1713  of the funds described in subsection (5) may be used for
 1714  administrative costs and no more than 22 percent of the funds
 1715  described in subsection (5) may be used in any fiscal year for
 1716  any combination of administrative costs, quality activities, and
 1717  nondirect services as follows:
 1718         (b) Activities to improve the quality of child care as
 1719  described in 45 C.F.R. s. 98.51, which must shall be limited to
 1720  the following:
 1721         1. Developing, establishing, expanding, operating, and
 1722  coordinating resource and referral programs specifically related
 1723  to the provision of comprehensive consumer education to parents
 1724  and the public to promote informed child care choices specified
 1725  in 45 C.F.R. s. 98.33 regarding participation in the school
 1726  readiness program and parental choice.
 1727         2. Awarding grants and providing financial support to
 1728  school readiness program providers and their staff to assist
 1729  them in meeting applicable state requirements for child care
 1730  performance standards, implementing developmentally appropriate
 1731  curricula and related classroom resources that support
 1732  curricula, providing literacy supports, obtaining a license or
 1733  accreditation, and providing professional development, including
 1734  scholarships and other incentives. Any grants awarded pursuant
 1735  to this subparagraph shall comply with the requirements of ss.
 1736  215.971 and 287.058.
 1737         3. Providing training, and technical assistance, and
 1738  financial support for school readiness program providers, staff,
 1739  and parents on standards, child screenings, child assessments,
 1740  developmentally appropriate curricula, character development,
 1741  teacher-child interactions, age-appropriate discipline
 1742  practices, health and safety, nutrition, first aid,
 1743  cardiopulmonary resuscitation, the recognition of communicable
 1744  diseases, and child abuse detection and prevention.
 1745         4. Providing from among the funds provided for the
 1746  activities described in subparagraphs 1.-3., adequate funding
 1747  for infants and toddlers as necessary to meet federal
 1748  requirements related to expenditures for quality activities for
 1749  infant and toddler care.
 1750         5. Improving the monitoring of compliance with, and
 1751  enforcement of, applicable state and local requirements as
 1752  described in and limited by 45 C.F.R. s. 98.40.
 1753         6. Responding to Warm-Line requests by providers and
 1754  parents related to school readiness program children, including
 1755  providing developmental and health screenings to school
 1756  readiness program children.
 1757         (7) Funds appropriated for the school readiness program may
 1758  not be expended for the purchase or improvement of land; for the
 1759  purchase, construction, or permanent improvement of any building
 1760  or facility; or for the purchase of buses. However, funds may be
 1761  expended for minor remodeling necessary for the administration
 1762  of the program and upgrading of child care facilities to ensure
 1763  that providers meet state and local child care standards,
 1764  including applicable health and safety requirements.
 1765         Section 28. Subsection (7) of section 1002.91, Florida
 1766  Statutes, is amended to read:
 1767         1002.91 Investigations of fraud or overpayment; penalties.—
 1768         (7) The early learning coalition may not contract with a
 1769  school readiness program provider, or a Voluntary
 1770  Prekindergarten Education Program provider, or an individual who
 1771  is on the United States Department of Agriculture National
 1772  Disqualified List. In addition, the coalition may not contract
 1773  with any provider that shares an officer or director with a
 1774  provider that is on the United States Department of Agriculture
 1775  National Disqualified List.
 1776         Section 29. Paragraph (d) of subsection (3) of section
 1777  1002.94, Florida Statutes, is amended to read:
 1778         1002.94 Child Care Executive Partnership Program.—
 1779         (3)
 1780         (d) Each early learning coalition shall establish a
 1781  community child care task force for each child care purchasing
 1782  pool. The task force must be composed of employers, parents,
 1783  private child care providers, and one representative from the
 1784  local children’s services council, if one exists in the area of
 1785  the purchasing pool. The early learning coalition is expected to
 1786  recruit the task force members from existing child care
 1787  councils, commissions, or task forces already operating in the
 1788  area of a purchasing pool. A majority of the task force shall
 1789  consist of employers.
 1790         Section 30. For the 2014-2015 fiscal year, the sums of
 1791  $1,219,575 in recurring funds and $11,319 in nonrecurring funds
 1792  from the Federal Grants Trust Fund and $70,800 in recurring
 1793  funds from the Operations and Maintenance Trust Fund are
 1794  appropriated to the Department of Children and Families, and 18
 1795  full-time equivalent positions with associated salary rate of
 1796  608,446 are authorized, for the purpose of implementing the
 1797  regulatory provisions of this act.
 1798         Section 31. This act shall take effect July 1, 2014.