Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1166
Senate . House
Comm: RCS .
Appropriations Subcommittee on Education (Gaetz) recommended the
1 Senate Substitute for Amendment (515338) (with title
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (6) of section 39.201, Florida
7 Statutes, is amended to read:
8 39.201 Mandatory reports of child abuse, abandonment, or
9 neglect; mandatory reports of death; central abuse hotline.—
10 (6) Information in the central abuse hotline may not be
11 used for employment screening, except as provided in s.
12 39.202(2)(a) and (h) or s. 402.302(15). Information in the
13 central abuse hotline and the department’s automated abuse
14 information system may be used by the department, its authorized
15 agents or contract providers, the Department of Health, or
16 county agencies as part of the licensure or registration process
17 pursuant to ss. 402.301-402.319 and ss. 409.175-409.176.
18 Section 2. Paragraph (a) of subsection (2) of section
19 39.202, Florida Statutes, is amended to read:
20 39.202 Confidentiality of reports and records in cases of
21 child abuse or neglect.—
22 (2) Except as provided in subsection (4), access to such
23 records, excluding the name of the reporter which shall be
24 released only as provided in subsection (5), shall be granted
25 only to the following persons, officials, and agencies:
26 (a) Employees, authorized agents, or contract providers of
27 the department, the Department of Health, the Agency for Persons
28 with Disabilities, the Office of Early Learning, or county
29 agencies responsible for carrying out:
30 1. Child or adult protective investigations;
31 2. Ongoing child or adult protective services;
32 3. Early intervention and prevention services;
33 4. Healthy Start services;
34 5. Licensure or approval of adoptive homes, foster homes,
35 child care facilities, facilities licensed under chapter 393,
36 family day care homes, or informal child care providers who
37 receive school readiness funding under part VI of chapter 1002,
38 or other homes used to provide for the care and welfare of
39 children; or
40 6. Services for victims of domestic violence when provided
41 by certified domestic violence centers working at the
42 department’s request as case consultants or with shared clients.
44 Also, employees or agents of the Department of Juvenile Justice
45 responsible for the provision of services to children, pursuant
46 to chapters 984 and 985.
47 Section 3. Subsection (15) of section 402.302, Florida
48 Statutes, is amended to read:
49 402.302 Definitions.—As used in this chapter, the term:
50 (15) “Screening” means the act of assessing the background
51 of child care personnel, in accordance with state and federal
52 law, and volunteers and includes, but is not limited to: ,
53 (a) Employment history checks, including documented
54 attempts to contact each employer that employed the applicant
55 within the preceding 5 years and documentation of the findings.
56 (b) A search of the criminal history records, sexual
57 predator and sexual offender registry, and child abuse and
58 neglect registry of any state in which the applicant resided
59 during the preceding 5 years.
61 An applicant must submit a full set of fingerprints to the
62 department or to a vendor, an entity, or an agency authorized by
63 s. 943.053(13). The department, vendor, entity, or agency shall
64 forward the fingerprints to local criminal records checks
65 through local law enforcement agencies, fingerprinting for all
66 purposes and checks in this subsection, statewide criminal
67 records checks through the Department of Law Enforcement for
68 state processing, and the Department of Law Enforcement shall
69 forward the fingerprints to , and federal criminal records checks
70 through the Federal Bureau of Investigation for national
72 Section 4. Section 402.3057, Florida Statutes, is amended
73 to read:
74 402.3057 Individuals Persons not required to be
75 refingerprinted or rescreened.—Individuals Any provision of law
76 to the contrary notwithstanding, human resource personnel who
77 have been fingerprinted or screened pursuant to chapters 393,
78 394, 397, 402, and 409, and teachers and noninstructional
79 personnel who have been fingerprinted pursuant to chapter 1012,
80 who have not been unemployed for more than 90 days thereafter,
81 and who under the penalty of perjury attest to the completion of
82 such fingerprinting or screening and to compliance with the
83 provisions of this section and the standards for good moral
84 character as contained in such provisions as ss. 110.1127(2)(c),
85 393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
86 are shall not be required to be refingerprinted or rescreened in
87 order to comply with any caretaker screening or fingerprinting
88 requirements of this chapter.
89 Section 5. Subsection (3) of section 402.306, Florida
90 Statutes, is amended to read:
91 402.306 Designation of licensing agency; dissemination by
92 the department and local licensing agency of information on
93 child care.—
94 (3) The department and local licensing agencies, or the
95 designees thereof, shall be responsible for coordination and
96 dissemination of information on child care to the community and
97 shall make available through electronic means upon request all
98 licensing standards and procedures, health and safety standards
99 for school readiness providers, monitoring and inspection
100 reports, and in addition to the names and addresses of licensed
101 child care facilities, school readiness program providers, and,
102 where applicable pursuant to s. 402.313, licensed or registered
103 family day care homes. This information must also include the
104 number of deaths, serious injuries, and instances of
105 substantiated child abuse which have occurred in child care
106 settings each year; research and best practices in child
107 development; and resources regarding social-emotional
108 development, parent and family engagement, healthy eating, and
109 physical activity.
110 Section 6. Section 402.311, Florida Statutes, is amended to
112 402.311 Inspection.—
113 (1) A licensed child care facility shall accord to the
114 department or the local licensing agency, whichever is
115 applicable, the privilege of inspection, including access to
116 facilities and personnel and to those records required in s.
117 402.305, at reasonable times during regular business hours, to
118 ensure compliance with the provisions of ss. 402.301-402.319.
119 The right of entry and inspection shall also extend to any
120 premises which the department or local licensing agency has
121 reason to believe are being operated or maintained as a child
122 care facility without a license, but no such entry or inspection
123 of any premises shall be made without the permission of the
124 person in charge thereof unless a warrant is first obtained from
125 the circuit court authorizing such entry or inspection same. Any
126 application for a license or renewal made pursuant to this act
127 or the advertisement to the public for the provision of child
128 care as defined in s. 402.302 shall constitute permission for
129 any entry or inspection of the premises for which the license is
130 sought in order to facilitate verification of the information
131 submitted on or in connection with the application. In the event
132 a licensed facility refuses permission for entry or inspection
133 to the department or local licensing agency, a warrant shall be
134 obtained from the circuit court authorizing entry or inspection
135 before same prior to such entry or inspection. The department or
136 local licensing agency may institute disciplinary proceedings
137 pursuant to s. 402.310 , for such refusal.
138 (2) A school readiness program provider shall accord to the
139 department or the local licensing agency, whichever is
140 applicable, the privilege of inspection, including access to
141 facilities, personnel, and records, to verify compliance with s.
142 1002.88. Entry, inspection, and issuance of an inspection report
143 by the department or the local licensing agency to verify
144 compliance with s. 1002.88 is an exercise of a discretionary
145 power to enforce compliance with the laws duly enacted by a
146 governmental body.
147 (3) The department’s issuance, transmittal, or publication
148 of an inspection report resulting from an inspection under this
149 section does not constitute agency action subject to chapter
151 Section 7. Subsection (3) is added to section 402.319,
152 Florida Statutes, to read:
153 402.319 Penalties.—
154 (3) Each child care facility, family day care home, and
155 large family day care home shall annually submit an affidavit of
156 compliance with s. 39.201.
157 Section 8. Section 409.1757, Florida Statutes, is amended
158 to read:
159 409.1757 Individuals Persons not required to be
160 refingerprinted or rescreened.—Individuals Any law to the
161 contrary notwithstanding, human resource personnel who have been
162 fingerprinted or screened pursuant to chapters 393, 394, 397,
163 402, and this chapter, teachers who have been fingerprinted
164 pursuant to chapter 1012, and law enforcement officers who meet
165 the requirements of s. 943.13, who have not been unemployed for
166 more than 90 days thereafter, and who under the penalty of
167 perjury attest to the completion of such fingerprinting or
168 screening and to compliance with this section and the standards
169 for good moral character as contained in such provisions as ss.
170 110.1127(2)(c), 393.0655(1), 394.457(6), 397.451, 402.305(2),
171 409.175(6), and 943.13(7), are not required to be
172 refingerprinted or rescreened in order to comply with any
173 caretaker screening or fingerprinting requirements of this
175 Section 9. Paragraph (c) is added to subsection (4) of
176 section 435.07, Florida Statutes, to read:
177 435.07 Exemptions from disqualification.—Unless otherwise
178 provided by law, the provisions of this section apply to
179 exemptions from disqualification for disqualifying offenses
180 revealed pursuant to background screenings required under this
181 chapter, regardless of whether those disqualifying offenses are
182 listed in this chapter or other laws.
184 (c) A person is ineligible for employment with a provider
185 that receives school readiness funding under part VI of chapter
186 1002 if the person has been convicted of:
187 1. A felony offense prohibited under any of the following
189 a. Chapter 741, relating to domestic violence.
190 b. Section 782.04, relating to murder.
191 c. Section 782.07, relating to manslaughter, aggravated
192 manslaughter of an elderly person or a disabled adult,
193 aggravated manslaughter of a child, or aggravated manslaughter
194 of an officer, a firefighter, an emergency medical technician,
195 or a paramedic.
196 d. Section 784.021, relating to aggravated assault.
197 e. Section 784.045, relating to aggravated battery.
198 f. Section 787.01, relating to kidnapping.
199 g. Section 787.025, relating to luring or enticing a child.
200 h. Section 787.04(2), relating to leading, taking,
201 enticing, or removing a minor beyond the state limits, or
202 concealing the location of a minor, with criminal intent,
203 pending custody proceedings.
204 i. Section 787.04(3), relating to leading, taking,
205 enticing, or removing a minor beyond the state limits, or
206 concealing the location of a minor, with criminal intent,
207 pending dependency proceedings or proceedings concerning alleged
208 abuse or neglect of a minor.
209 j. Section 794.011, relating to sexual battery.
210 k. Former s. 794.041, relating to sexual activity with or
211 solicitation of a child by a person in familial or custodial
213 l. Section 794.05, relating to unlawful sexual activity
214 with certain minors.
215 m. Section 794.08, relating to female genital mutilation.
216 n. Section 806.01, relating to arson.
217 o. Section 826.04, relating to incest.
218 p. Section 827.03, relating to child abuse, aggravated
219 child abuse, or neglect of a child.
220 q. Section 827.04, relating to contributing to the
221 delinquency or dependency of a child.
222 r. Section 827.071, relating to sexual performance by a
224 s. Section 985.701, relating to sexual misconduct in
225 juvenile justice programs.
226 2. A misdemeanor offense prohibited under any of the
227 following statutes:
228 a. Section 784.03, relating to battery, if the victim of
229 the offense was a minor.
230 b. Section 787.025, relating to luring or enticing a child.
231 3. A criminal act committed in another state or under
232 federal law which, if committed in this state, would constitute
233 an offense prohibited under any statute listed in subparagraph
234 1. or subparagraph 2.
235 Section 10. Present subsection (27) of section 1001.42,
236 Florida Statutes, is redesignated as subsection (28), and a new
237 subsection (27) is added to that section, to read:
238 1001.42 Powers and duties of district school board.—The
239 district school board, acting as a board, shall exercise all
240 powers and perform all duties listed below:
241 (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
242 management and instruction, give suggestions for improvement,
243 and advise citizens with the view of promoting interest in
244 education and improving the school.
245 Section 11. Section 1001.67, Florida Statutes, is created
246 to read:
247 1001.67 Distinguished Florida College System Program.—A
248 collaborative partnership is established between the State Board
249 of Education and the Legislature to recognize the excellence of
250 Florida’s highest-performing Florida College system
252 (1) EXCELLENCE STANDARDS.—The following excellence
253 standards are established for the program:
254 (a) A 150 percent-of-normal-time completion rate of 50
255 percent or higher, as calculated by the Division of Florida
257 (b) A 150 percent-of-normal-time completion rate for Pell
258 Grant recipients of 40 percent or higher, as calculated by the
259 Division of Florida Colleges.
260 (c) A retention rate of 70 percent or higher, as calculated
261 by the Division of Florida Colleges.
262 (d) A continuing education, or transfer, rate of 72 percent
263 or higher for students graduating with an associate of arts
264 degree, as reported by the Florida Education and Training
265 Placement Information Program (FETPIP).
266 (e) A licensure passage rate on the National Council
267 Licensure Examination for Registered Nurses (NCLEX-RN) of 90
268 percent or higher for first-time exam takers, as reported by the
269 Board of Nursing.
270 (f) A job placement or continuing education rate of 88
271 percent or higher for workforce programs, as reported by FETPIP.
272 (g) A time-to-degree for students graduating with an
273 associate of arts degree of 2.25 years or less for first-time
274 in-college students with accelerated college credits, as
275 reported by the Southern Regional Education Board.
276 (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
277 Education shall designate each Florida College System
278 institution that meets five of the seven standards identified in
279 subsection (1) as a distinguished college.
280 (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
281 institution designated as a distinguished college by the State
282 Board of Education is eligible for funding as specified in the
283 General Appropriations Act.
284 Section 12. Paragraph (i) of subsection (2) of section
285 1002.82, Florida Statutes, is amended, and paragraphs (s)
286 through (x) are added to that subsection, to read:
287 1002.82 Office of Early Learning; powers and duties.—
288 (2) The office shall:
289 (i) Enter into a memorandum of understanding with local
290 licensing agencies and Develop, in coordination with the Child
291 Care Services Program Office of the Department of Children and
292 Families for inspections of school readiness program providers
293 to monitor and verify compliance with s. 1002.88 and the health
294 and safety checklist adopted by the office. The provider
295 contract of a school readiness program provider that refuses
296 permission for entry or inspection shall be terminated. The , and
297 adopt a health and safety checklist may to be completed by
298 license-exempt providers that does not exceed the requirements
299 of s. 402.305 and the Child Care and Development Fund pursuant
300 to 45 C.F.R. part 98.
301 (s) Develop and implement strategies to increase the supply
302 and improve the quality of child care services for infants and
303 toddlers, children with disabilities, children who receive care
304 during nontraditional hours, children in underserved areas, and
305 children in areas that have significant concentrations of
306 poverty and unemployment.
307 (t) Establish preservice and inservice training
308 requirements that address, at a minimum, school readiness child
309 development standards, health and safety requirements, and
310 social-emotional behavior intervention models, which may include
311 positive behavior intervention and support models.
312 (u) Establish standards for emergency preparedness plans
313 for school readiness program providers.
314 (v) Establish group sizes.
315 (w) Establish staff-to-children ratios that do not exceed
316 the requirements of s. 402.302(8) or (11) or s. 402.305(4), as
317 applicable, for school readiness program providers.
318 (x) Establish eligibility criteria, including limitations
319 based on income and family assets, in accordance with s. 1002.87
320 and federal law.
321 Section 13. Subsections (7) and (8) of section 1002.84,
322 Florida Statutes, are amended to read:
323 1002.84 Early learning coalitions; school readiness powers
324 and duties.—Each early learning coalition shall:
325 (7) Determine child eligibility pursuant to s. 1002.87 and
326 provider eligibility pursuant to s. 1002.88. At a minimum, Child
327 eligibility must be redetermined annually. Redetermination must
328 also be conducted twice per year for an additional 50 percent of
329 a coalition’s enrollment through a statistically valid random
330 sampling. A coalition must document the reason why a child is no
331 longer eligible for the school readiness program according to
332 the standard codes prescribed by the office.
333 (8) Establish a parent sliding fee scale that provides for
334 requires a parent copayment that is not a barrier to families
335 receiving to participate in the school readiness program
336 services. Providers are required to collect the parent’s
337 copayment. A coalition may, on a case-by-case basis, waive the
338 copayment for an at-risk child or temporarily waive the
339 copayment for a child whose family’s income is at or below the
340 federal poverty level and whose family experiences a natural
341 disaster or an event that limits the parent’s ability to pay,
342 such as incarceration, placement in residential treatment, or
343 becoming homeless, or an emergency situation such as a household
344 fire or burglary, or while the parent is participating in
345 parenting classes. A parent may not transfer school readiness
346 program services to another school readiness program provider
347 until the parent has submitted documentation from the current
348 school readiness program provider to the early learning
349 coalition stating that the parent has satisfactorily fulfilled
350 the copayment obligation.
351 Section 14. Subsections (1), (4), (5), and (6) of section
352 1002.87, Florida Statutes, are amended to read:
353 1002.87 School readiness program; eligibility and
355 (1) Effective August 1, 2013, or upon reevaluation of
356 eligibility for children currently served, whichever is later,
357 Each early learning coalition shall give priority for
358 participation in the school readiness program as follows:
359 (a) Priority shall be given first to a child younger than
360 13 years of age from a family that includes a parent who is
361 receiving temporary cash assistance under chapter 414 and
362 subject to the federal work requirements.
363 (b) Priority shall be given next to an at-risk child
364 younger than 9 years of age.
365 (c) Priority shall be given next to a child from birth to
366 the beginning of the school year for which the child is eligible
367 for admission to kindergarten in a public school under s.
368 1003.21(1)(a)2. who is from a working family that is
369 economically disadvantaged, and may include such child’s
370 eligible siblings, beginning with the school year in which the
371 sibling is eligible for admission to kindergarten in a public
372 school under s. 1003.21(1)(a)2. until the beginning of the
373 school year in which the sibling is eligible to begin 6th grade,
374 provided that the first priority for funding an eligible sibling
375 is local revenues available to the coalition for funding direct
376 services. However, a child eligible under this paragraph ceases
377 to be eligible if his or her family income exceeds 200 percent
378 of the federal poverty level.
379 (d) Priority shall be given next to a child of a parent who
380 transitions from the work program into employment as described
381 in s. 445.032 from birth to the beginning of the school year for
382 which the child is eligible for admission to kindergarten in a
383 public school under s. 1003.21(1)(a)2.
384 (e) Priority shall be given next to an at-risk child who is
385 at least 9 years of age but younger than 13 years of age. An at
386 risk child whose sibling is enrolled in the school readiness
387 program within an eligibility priority category listed in
388 paragraphs (a)-(c) shall be given priority over other children
389 who are eligible under this paragraph.
390 (f) Priority shall be given next to a child who is younger
391 than 13 years of age from a working family that is economically
392 disadvantaged. A child who is eligible under this paragraph
393 whose sibling is enrolled in the school readiness program under
394 paragraph (c) shall be given priority over other children who
395 are eligible under this paragraph. However, a child eligible
396 under this paragraph ceases to be eligible if his or her family
397 income exceeds 200 percent of the federal poverty level.
398 (g) Priority shall be given next to a child of a parent who
399 transitions from the work program into employment as described
400 in s. 445.032 who is younger than 13 years of age.
401 (h) Priority shall be given next to a child who has special
402 needs, has been determined eligible as a student with a
403 disability, has a current individual education plan with a
404 Florida school district, and is not younger than 3 years of age.
405 A special needs child eligible under this paragraph remains
406 eligible until the child is eligible for admission to
407 kindergarten in a public school under s. 1003.21(1)(a)2.
408 (i) Notwithstanding paragraphs (a)-(d), priority shall be
409 given last to a child who otherwise meets one of the eligibility
410 criteria in paragraphs (a)-(d) but who is also enrolled
411 concurrently in the federal Head Start Program and the Voluntary
412 Prekindergarten Education Program.
413 (4) The parent of a child enrolled in the school readiness
414 program must notify the coalition or its designee within 10 days
415 after any change in employment status, income, or family size or
416 failure to maintain attendance at a job training or educational
417 program in accordance with program requirements. Upon
418 notification by the parent, the child’s eligibility must be
420 (5) A child whose eligibility priority category requires
421 the child to be from a working family ceases to be eligible for
422 the school readiness program if a parent with whom the child
423 resides does not reestablish employment or resume attendance at
424 a job training or educational program within 90 60 days after
425 becoming unemployed or ceasing to attend a job training or
426 educational program.
427 (6) Eligibility for each child must be reevaluated
428 annually. Upon reevaluation, a child may not continue to receive
429 school readiness program services if he or she has ceased to be
430 eligible under this section. A child who is ineligible due to a
431 parent’s job loss or cessation of job training or education
432 shall continue to receive school readiness program services for
433 at least 3 months to enable the parent to obtain employment.
434 Section 15. Paragraphs (c), (d), and (e) of subsection (1)
435 of section 1002.88, Florida Statutes, are amended to read:
436 1002.88 School readiness program provider standards;
437 eligibility to deliver the school readiness program.—
438 (1) To be eligible to deliver the school readiness program,
439 a school readiness program provider must:
440 (c) Provide basic health and safety of its premises and
441 facilities and compliance with requirements for age-appropriate
442 immunizations of children enrolled in the school readiness
444 1. For a provider that is licensed child care facility, a
445 large family child care home, or a licensed family day care
446 home, compliance with s. 402.305, s. 402.3131, or s. 402.313 and
447 this subsection, as verified pursuant to s. 402.311, satisfies
448 this requirement.
449 2. For a provider that is a registered family day care home
450 or is not subject to licensure or registration by the Department
451 of Children and Families, compliance with this subsection, as
452 verified pursuant to s. 402.311, satisfies this requirement.
453 Upon such verification, the provider For a public or nonpublic
454 school, compliance with s. 402.3025 or s. 1003.22 satisfies this
455 requirement. A faith-based child care provider, an informal
456 child care provider, or a nonpublic school, exempt from
457 licensure under s. 402.316 or s. 402.3025, shall annually post
458 complete the health and safety checklist adopted by the office ,
459 post the checklist prominently on its premises in plain sight
460 for visitors and parents , and shall annually submit the
461 checklist it annually to its local early learning coalition.
462 (d) Provide an appropriate group size and staff-to-children
463 ratio , pursuant to s. 402.305(4) or s. 402.302(8) or (11), as
464 applicable, and as verified pursuant to s. 402.311.
465 (e) Employ child care personnel, as defined in s.
466 402.302(3), who have satisfied the screening requirements of
467 chapter 402 and fulfilled the training requirements of the
468 office Provide a healthy and safe environment pursuant to s.
469 402.305(5), (6), and (7), as applicable, and as verified
470 pursuant to s. 402.311.
471 Section 16. Paragraph (b) of subsection (6) and subsection
472 (7) of section 1002.89, Florida Statutes, are amended to read:
473 1002.89 School readiness program; funding.—
474 (6) Costs shall be kept to the minimum necessary for the
475 efficient and effective administration of the school readiness
476 program with the highest priority of expenditure being direct
477 services for eligible children. However, no more than 5 percent
478 of the funds described in subsection (5) may be used for
479 administrative costs and no more than 22 percent of the funds
480 described in subsection (5) may be used in any fiscal year for
481 any combination of administrative costs, quality activities, and
482 nondirect services as follows:
483 (b) Activities to improve the quality of child care as
484 described in 45 C.F.R. s. 98.51, which must shall be limited to
485 the following:
486 1. Developing, establishing, expanding, operating, and
487 coordinating resource and referral programs specifically related
488 to the provision of comprehensive consumer education to parents
489 and the public to promote informed child care choices specified
490 in 45 C.F.R. s. 98.33 regarding participation in the school
491 readiness program and parental choice.
492 2. Awarding grants and providing financial support to
493 school readiness program providers and their staff to assist
494 them in meeting applicable state requirements for child care
495 performance standards, implementing developmentally appropriate
496 curricula and related classroom resources that support
497 curricula, providing literacy supports, and providing continued
498 professional development and training. Any grants awarded
499 pursuant to this subparagraph shall comply with the requirements
500 of ss. 215.971 and 287.058.
501 3. Providing training, and technical assistance, and
502 financial support to for school readiness program providers and
503 their , staff , and parents on standards, child screenings, child
504 assessments, child development research and best practices,
505 developmentally appropriate curricula, character development,
506 teacher-child interactions, age-appropriate discipline
507 practices, health and safety, nutrition, first aid,
508 cardiopulmonary resuscitation, the recognition of communicable
509 diseases, and child abuse detection, and prevention, and
511 4. Providing, from among the funds provided for the
512 activities described in subparagraphs 1.-3., adequate funding
513 for infants and toddlers as necessary to meet federal
514 requirements related to expenditures for quality activities for
515 infant and toddler care.
516 5. Improving the monitoring of compliance with, and
517 enforcement of, applicable state and local requirements as
518 described in and limited by 45 C.F.R. s. 98.40.
519 6. Responding to Warm-Line requests by providers and
520 parents related to school readiness program children, including
521 providing developmental and health screenings to school
522 readiness program children.
523 (7) Funds appropriated for the school readiness program may
524 not be expended for the purchase or improvement of land; for the
525 purchase, construction, or permanent improvement of any building
526 or facility; or for the purchase of buses. However, funds may be
527 expended for minor remodeling and upgrading of child care
528 facilities which is necessary for the administration of the
529 program and to ensure that providers meet state and local child
530 care standards, including applicable health and safety
532 Section 17. Effective June 29, 2016, section 1004.935,
533 Florida Statutes, is amended to read:
534 1004.935 Adults with Disabilities Workforce Education Pilot
536 (1) The Adults with Disabilities Workforce Education Pilot
537 Program is established in the Department of Education through
538 June 30, 2016, in Hardee, DeSoto, Manatee, and Sarasota Counties
539 to provide the option of receiving a scholarship for instruction
540 at private schools for up to 30 students who:
541 (a) Have a disability;
542 (b) Are 22 years of age;
543 (c) Are receiving instruction from an instructor in a
544 private school to meet the high school graduation requirements
545 in s. 1002.3105(5) or s. 1003.4282;
546 (d) Do not have a standard high school diploma or a special
547 high school diploma; and
548 (e) Receive “supported employment services,” which means
549 employment that is located or provided in an integrated work
550 setting with earnings paid on a commensurate wage basis and for
551 which continued support is needed for job maintenance.
553 As used in this section, the term “student with a disability”
554 includes a student who is documented as having an intellectual
555 disability; a speech impairment; a language impairment; a
556 hearing impairment, including deafness; a visual impairment,
557 including blindness; a dual sensory impairment; an orthopedic
558 impairment; another health impairment; an emotional or
559 behavioral disability; a specific learning disability,
560 including, but not limited to, dyslexia, dyscalculia, or
561 developmental aphasia; a traumatic brain injury; a developmental
562 delay; or autism spectrum disorder.
563 (2) A student participating in the pilot program may
564 continue to participate in the program until the student
565 graduates from high school or reaches the age of 40 years,
566 whichever occurs first.
567 (3) Supported employment services may be provided at more
568 than one site.
569 (4) The provider of supported employment services must be a
570 nonprofit corporation under s. 501(c)(3) of the Internal Revenue
571 Code which serves Hardee County, DeSoto County, Manatee County,
572 or Sarasota County and must contract with a private school in
573 this state which meets the requirements in subsection (5).
574 (5) A private school that participates in the pilot program
575 may be sectarian or nonsectarian and must:
576 (a) Be academically accountable for meeting the educational
577 needs of the student by annually providing to the provider of
578 supported employment services a written explanation of the
579 student’s progress.
580 (b) Comply with the antidiscrimination provisions of 42
581 U.S.C. s. 2000d.
582 (c) Meet state and local health and safety laws and codes.
583 (d) Provide to the provider of supported employment
584 services all documentation required for a student’s
585 participation, including the private school’s and student’s fee
586 schedules, at least 30 days before any quarterly scholarship
587 payment is made for the student. A student is not eligible to
588 receive a quarterly scholarship payment if the private school
589 fails to meet this deadline.
591 The inability of a private school to meet the requirements of
592 this subsection constitutes a basis for the ineligibility of the
593 private school to participate in the pilot program.
594 (6)(a) If the student chooses to participate in the pilot
595 program and is accepted by the provider of supported employment
596 services, the student must notify the Department of Education of
597 his or her acceptance into the program 60 days before the first
598 scholarship payment and before participating in the pilot
599 program in order to be eligible for the scholarship.
600 (b) Upon receipt of a scholarship warrant, the student or
601 parent to whom the warrant is made must restrictively endorse
602 the warrant to the provider of supported employment services for
603 deposit into the account of the provider. The student or parent
604 may not designate any entity or individual associated with the
605 participating provider of supported employment services as the
606 student’s or parent’s attorney in fact to endorse a scholarship
607 warrant. A participant who fails to comply with this paragraph
608 forfeits the scholarship.
609 (7) Funds for the scholarship shall be provided from the
610 appropriation from the school district’s Workforce Development
611 Fund in the General Appropriations Act for students who reside
612 in the Hardee County School District, the DeSoto County School
613 District, the Manatee County School District, or the Sarasota
614 County School District. During the pilot program, The
615 scholarship amount granted for an eligible student with a
616 disability shall be equal to the cost per unit of a full-time
617 equivalent adult general education student, multiplied by the
618 adult general education funding factor, and multiplied by the
619 district cost differential pursuant to the formula required by
620 s. 1011.80(6)(a) for the district in which the student resides.
621 (8) Upon notification by the Department of Education that
622 it has received the required documentation, the Chief Financial
623 Officer shall make scholarship payments in four equal amounts no
624 later than September 1, November 1, February 1, and April 1 of
625 each academic year in which the scholarship is in force. The
626 initial payment shall be made after the Department of Education
627 verifies that the student was accepted into the pilot program,
628 and subsequent payments shall be made upon verification of
629 continued participation in the pilot program. Payment must be by
630 individual warrant made payable to the student or parent and
631 mailed by the Department of Education to the provider of
632 supported employment services, and the student or parent shall
633 restrictively endorse the warrant to the provider of supported
634 employment services for deposit into the account of that
636 (9) Subsequent to each scholarship payment, the Department
637 of Education shall request from the Department of Financial
638 Services a sample of endorsed warrants to review and confirm
639 compliance with endorsement requirements.
640 Section 18. Effective July 1, 2016, and upon the expiration
641 of the amendment to section 1011.62, Florida Statutes, made by
642 chapter 2015-222, Laws of Florida, paragraphs (e) and (o) of
643 subsection (1), paragraph (a) of subsection (4), and present
644 subsection (13) of that section are amended, present subsections
645 (13), (14), and (15) of that section are redesignated as
646 subsections (14), (15), and (16), respectively, and a new
647 subsection (13) is added to that section, to read:
648 1011.62 Funds for operation of schools.—If the annual
649 allocation from the Florida Education Finance Program to each
650 district for operation of schools is not determined in the
651 annual appropriations act or the substantive bill implementing
652 the annual appropriations act, it shall be determined as
654 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
655 OPERATION.—The following procedure shall be followed in
656 determining the annual allocation to each district for
658 (e) Funding model for exceptional student education
660 1.a. The funding model uses basic, at-risk, support levels
661 IV and V for exceptional students and career Florida Education
662 Finance Program cost factors, and a guaranteed allocation for
663 exceptional student education programs. Exceptional education
664 cost factors are determined by using a matrix of services to
665 document the services that each exceptional student will
666 receive. The nature and intensity of the services indicated on
667 the matrix shall be consistent with the services described in
668 each exceptional student’s individual educational plan. The
669 Department of Education shall review and revise the descriptions
670 of the services and supports included in the matrix of services
671 for exceptional students and shall implement those revisions
672 before the beginning of the 2012-2013 school year.
673 b. In order to generate funds using one of the two weighted
674 cost factors, a matrix of services must be completed at the time
675 of the student’s initial placement into an exceptional student
676 education program and at least once every 3 years by personnel
677 who have received approved training. Nothing listed in the
678 matrix shall be construed as limiting the services a school
679 district must provide in order to ensure that exceptional
680 students are provided a free, appropriate public education.
681 c. Students identified as exceptional, in accordance with
682 chapter 6A-6, Florida Administrative Code, who do not have a
683 matrix of services as specified in sub-subparagraph b. shall
684 generate funds on the basis of full-time-equivalent student
685 membership in the Florida Education Finance Program at the same
686 funding level per student as provided for basic students.
687 Additional funds for these exceptional students will be provided
688 through the guaranteed allocation designated in subparagraph 2.
689 2. For students identified as exceptional who do not have a
690 matrix of services and students who are gifted in grades K
691 through 8, there is created a guaranteed allocation to provide
692 these students with a free appropriate public education, in
693 accordance with s. 1001.42(4)(l) and rules of the State Board of
694 Education, which shall be allocated initially annually to each
695 school district in the amount provided in the General
696 Appropriations Act. These funds shall be supplemental in
697 addition to the funds appropriated for the basic funding level
698 on the basis of FTE student membership in the Florida Education
699 Finance Program, and the amount allocated for each school
700 district shall not be recalculated once during the year, based
701 on actual student membership from the October FTE survey. Upon
702 recalculation, if the generated allocation is greater than the
703 amount provided in the General Appropriations Act, the total
704 shall be prorated to the level of the appropriation based on
705 each district’s share of the total recalculated amount. These
706 funds shall be used to provide special education and related
707 services for exceptional students and students who are gifted in
708 grades K through 8. Beginning with the 2007-2008 fiscal year, A
709 district’s expenditure of funds from the guaranteed allocation
710 for students in grades 9 through 12 who are gifted may not be
711 greater than the amount expended during the 2006-2007 fiscal
712 year for gifted students in grades 9 through 12.
713 (o) Calculation of additional full-time equivalent
714 membership based on successful completion of a career-themed
715 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
716 courses with embedded CAPE industry certifications or CAPE
717 Digital Tool certificates, and issuance of industry
718 certification identified on the CAPE Industry Certification
719 Funding List pursuant to rules adopted by the State Board of
720 Education or CAPE Digital Tool certificates pursuant to s.
722 1.a. A value of 0.025 full-time equivalent student
723 membership shall be calculated for CAPE Digital Tool
724 certificates earned by students in elementary and middle school
726 b. A value of 0.1 or 0.2 full-time equivalent student
727 membership shall be calculated for each student who completes a
728 course as defined in s. 1003.493(1)(b) or courses with embedded
729 CAPE industry certifications and who is issued an industry
730 certification identified annually on the CAPE Industry
731 Certification Funding List approved under rules adopted by the
732 State Board of Education. A value of 0.2 full-time equivalent
733 membership shall be calculated for each student who is issued a
734 CAPE industry certification that has a statewide articulation
735 agreement for college credit approved by the State Board of
736 Education. For CAPE industry certifications that do not
737 articulate for college credit, the Department of Education shall
738 assign a full-time equivalent value of 0.1 for each
739 certification. Middle grades students who earn additional FTE
740 membership for a CAPE Digital Tool certificate pursuant to sub
741 subparagraph a. may not use the previously funded examination to
742 satisfy the requirements for earning an industry certification
743 under this sub-subparagraph. Additional FTE membership for an
744 elementary or middle grades student may shall not exceed 0.1 for
745 certificates or certifications earned within the same fiscal
746 year. The State Board of Education shall include the assigned
747 values on the CAPE Industry Certification Funding List under
748 rules adopted by the state board. Such value shall be added to
749 the total full-time equivalent student membership for grades 6
750 through 12 in the subsequent year for courses that were not
751 provided through dual enrollment. CAPE industry certifications
752 earned through dual enrollment must be reported and funded
753 pursuant to s. 1011.80. However, if a student earns a
754 certification through a dual enrollment course and the
755 certification is not a fundable certification on the
756 postsecondary certification funding list, or the dual enrollment
757 certification is earned as a result of an agreement between a
758 school district and a nonpublic postsecondary institution, the
759 bonus value shall be funded in the same manner as other nondual
760 enrollment course industry certifications. In such cases, the
761 school district may provide for an agreement between the high
762 school and the technical center, or the school district and the
763 postsecondary institution may enter into an agreement for
764 equitable distribution of the bonus funds.
765 c. A value of 0.3 full-time equivalent student membership
766 shall be calculated for student completion of the courses and
767 the embedded certifications identified on the CAPE Industry
768 Certification Funding List and approved by the commissioner
769 pursuant to ss. 1003.4203(5)(a) and 1008.44.
770 d. A value of 0.5 full-time equivalent student membership
771 shall be calculated for CAPE Acceleration Industry
772 Certifications that articulate for 15 to 29 college credit
773 hours, and 1.0 full-time equivalent student membership shall be
774 calculated for CAPE Acceleration Industry Certifications that
775 articulate for 30 or more college credit hours pursuant to CAPE
776 Acceleration Industry Certifications approved by the
777 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
778 2. Each district must allocate at least 80 percent of the
779 funds provided for CAPE industry certification, in accordance
780 with this paragraph, to the program that generated the funds.
781 This allocation may not be used to supplant funds provided for
782 basic operation of the program.
783 3. For CAPE industry certifications earned in the 2013-2014
784 school year and in subsequent years, the school district shall
785 distribute to each classroom teacher who provided direct
786 instruction toward the attainment of a CAPE industry
787 certification that qualified for additional full-time equivalent
788 membership under subparagraph 1.:
789 a. A bonus in the amount of $25 for each student taught by
790 a teacher who provided instruction in a course that led to the
791 attainment of a CAPE industry certification on the CAPE Industry
792 Certification Funding List with a weight of 0.1.
793 b. A bonus in the amount of $50 for each student taught by
794 a teacher who provided instruction in a course that led to the
795 attainment of a CAPE industry certification on the CAPE Industry
796 Certification Funding List with a weight of 0.2 , 0.3, 0.5, and
798 c. A bonus of $75 for each student taught by a teacher who
799 provided instruction in a course that led to the attainment of a
800 CAPE industry certification on the CAPE Industry Certification
801 Funding List with a weight of 0.3.
802 d. A bonus of $100 for each student taught by a teacher who
803 provided instruction in a course that led to the attainment of a
804 CAPE industry certification on the CAPE Industry Certification
805 Funding List with a weight of 0.5 or 1.0.
807 Bonuses awarded pursuant to this paragraph shall be provided to
808 teachers who are employed by the district in the year in which
809 the additional FTE membership calculation is included in the
810 calculation. Bonuses shall be calculated based upon the
811 associated weight of a CAPE industry certification on the CAPE
812 Industry Certification Funding List for the year in which the
813 certification is earned by the student. Any bonus awarded to a
814 teacher under this paragraph may not exceed $2,000 in any given
815 school year and is in addition to any regular wage or other
816 bonus the teacher received or is scheduled to receive.
817 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
818 Legislature shall prescribe the aggregate required local effort
819 for all school districts collectively as an item in the General
820 Appropriations Act for each fiscal year. The amount that each
821 district shall provide annually toward the cost of the Florida
822 Education Finance Program for kindergarten through grade 12
823 programs shall be calculated as follows:
824 (a) Estimated taxable value calculations.—
825 1.a. Not later than 2 working days before prior to July 19,
826 the Department of Revenue shall certify to the Commissioner of
827 Education its most recent estimate of the taxable value for
828 school purposes in each school district and the total for all
829 school districts in the state for the current calendar year
830 based on the latest available data obtained from the local
831 property appraisers. The value certified shall be the taxable
832 value for school purposes for that year, and no further
833 adjustments shall be made, except those made pursuant to
834 paragraphs (c) and (d), or an assessment roll change required by
835 final judicial decisions as specified in paragraph (15)(b)
836 ( 14 )(b). Not later than July 19, the Commissioner of Education
837 shall compute a millage rate, rounded to the next highest one
838 one-thousandth of a mill, which, when applied to 96 percent of
839 the estimated state total taxable value for school purposes,
840 would generate the prescribed aggregate required local effort
841 for that year for all districts. The Commissioner of Education
842 shall certify to each district school board the millage rate,
843 computed as prescribed in this subparagraph, as the minimum
844 millage rate necessary to provide the district required local
845 effort for that year.
846 b. The General Appropriations Act shall direct the
847 computation of the statewide adjusted aggregate amount for
848 required local effort for all school districts collectively from
849 ad valorem taxes to ensure that no school district’s revenue
850 from required local effort millage will produce more than 90
851 percent of the district’s total Florida Education Finance
852 Program calculation as calculated and adopted by the
853 Legislature, and the adjustment of the required local effort
854 millage rate of each district that produces more than 90 percent
855 of its total Florida Education Finance Program entitlement to a
856 level that will produce only 90 percent of its total Florida
857 Education Finance Program entitlement in the July calculation.
858 2. On the same date as the certification in sub
859 subparagraph 1.a., the Department of Revenue shall certify to
860 the Commissioner of Education for each district:
861 a. Each year for which the property appraiser has certified
862 the taxable value pursuant to s. 193.122(2) or (3), if
863 applicable, since the prior certification under sub-subparagraph
865 b. For each year identified in sub-subparagraph a., the
866 taxable value certified by the appraiser pursuant to s.
867 193.122(2) or (3), if applicable, since the prior certification
868 under sub-subparagraph 1.a. This is the certification that
869 reflects all final administrative actions of the value
870 adjustment board.
871 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
872 connected student supplement is created to provide supplemental
873 funding for school districts to support the education of
874 students connected with federally owned military installations,
875 National Aeronautics and Space Administration (NASA) real
876 property, and Indian lands. To be eligible for this supplement,
877 the district must be eligible for federal Impact Aid Program
878 funds under s. 8003 of Title VIII of the Elementary and
879 Secondary Education Act of 1965. The supplement shall be
880 allocated annually to each eligible school district in the
881 amount provided in the General Appropriations Act. The
882 supplement shall be the sum of the student allocation and an
883 exempt property allocation.
884 (a) The student allocation shall be calculated based on the
885 number of students reported for federal Impact Aid Program
886 funds, including students with disabilities, who meet one of the
887 following criteria:
888 1. The student has a parent who is on active duty in the
889 uniformed services or is an accredited foreign government
890 official and military officer. Students with disabilities shall
891 also be reported separately for this category.
892 2. The student resides on eligible federally owned Indian
893 land. Students with disabilities shall also be reported
894 separately for this category.
895 3. The student resides with a civilian parent who lives or
896 works on eligible federal property connected with a military
897 installation or NASA. The number of these students shall be
898 multiplied by a factor of 0.5.
899 (b) The total number of federally connected students
900 calculated under paragraph (a) shall be multiplied by a
901 percentage of the base student allocation as provided in the
902 General Appropriations Act. The total of the number of students
903 with disabilities as reported separately under subparagraphs
904 (a)1. and (a)2. shall be multiplied by an additional percentage
905 of the base student allocation as provided in the General
906 Appropriations Act. The base amount and the amount for students
907 with disabilities shall be summed to provide the student
909 (c) The exempt property allocation shall be equal to the
910 tax-exempt value of federal impact aid lands reserved as
911 military installations, real property owned by NASA, or eligible
912 federally owned Indian lands located in the district, as of
913 January 1 of the previous year, multiplied by the millage
914 authorized and levied under s. 1011.71(2).
915 (14) (13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
916 annually in the General Appropriations Act determine a
917 percentage increase in funds per K-12 unweighted FTE as a
918 minimum guarantee to each school district. The guarantee shall
919 be calculated from prior year base funding per unweighted FTE
920 student which shall include the adjusted FTE dollars as provided
921 in subsection (15) ( 14 ), quality guarantee funds, and actual
922 nonvoted discretionary local effort from taxes. From the base
923 funding per unweighted FTE, the increase shall be calculated for
924 the current year. The current year funds from which the
925 guarantee shall be determined shall include the adjusted FTE
926 dollars as provided in subsection (15) (14) and potential
927 nonvoted discretionary local effort from taxes. A comparison of
928 current year funds per unweighted FTE to prior year funds per
929 unweighted FTE shall be computed. For those school districts
930 which have less than the legislatively assigned percentage
931 increase, funds shall be provided to guarantee the assigned
932 percentage increase in funds per unweighted FTE student. Should
933 appropriated funds be less than the sum of this calculated
934 amount for all districts, the commissioner shall prorate each
935 district’s allocation. This provision shall be implemented to
936 the extent specifically funded.
937 Section 19. Effective July 1, 2016, and upon the expiration
938 of the amendment to section 1011.71, Florida Statutes, made by
939 chapter 2015-222, Laws of Florida, subsection (1) of that
940 section is amended to read:
941 1011.71 District school tax.—
942 (1) If the district school tax is not provided in the
943 General Appropriations Act or the substantive bill implementing
944 the General Appropriations Act, each district school board
945 desiring to participate in the state allocation of funds for
946 current operation as prescribed by s. 1011.62(15) s. 1011.62( 14 )
947 shall levy on the taxable value for school purposes of the
948 district, exclusive of millage voted under the provisions of s.
949 9(b) or s. 12, Art. VII of the State Constitution, a millage
950 rate not to exceed the amount certified by the commissioner as
951 the minimum millage rate necessary to provide the district
952 required local effort for the current year, pursuant to s.
953 1011.62(4)(a)1. In addition to the required local effort millage
954 levy, each district school board may levy a nonvoted current
955 operating discretionary millage. The Legislature shall prescribe
956 annually in the appropriations act the maximum amount of millage
957 a district may levy.
958 Section 20. Except as otherwise expressly provided in this
959 act, this act shall take effect July 1, 2016.
961 ================= T I T L E A M E N D M E N T ================
962 And the title is amended as follows:
963 Delete everything before the enacting clause
964 and insert:
965 A bill to be entitled
966 An act relating to education; amending s. 39.201,
967 F.S.; providing an exception from a prohibition
968 against the use of information in the Department of
969 Children and Families central abuse hotline for
970 employment screening of certain child care personnel;
971 amending s. 39.202, F.S.; expanding the list of
972 entities that have access to child abuse records for
973 purposes of approving providers of school readiness
974 services; amending s. 402.302, F.S.; revising the
975 definition of the term “screening” for purposes of
976 child care licensing requirements; amending s.
977 402.3057, F.S.; clarifying individuals who are exempt
978 from certain refingerprinting or rescreening
979 requirements; amending s. 402.306, F.S.; requiring the
980 Department of Children and Families and local
981 licensing agencies to electronically post certain
982 information relating to child care and school
983 readiness providers; amending s. 402.311, F.S.;
984 requiring school readiness program providers to
985 provide the Department of Children and Families or
986 local licensing agencies with access to facilities,
987 personnel, and records for inspection purposes;
988 amending s. 402.319, F.S.; requiring certain child
989 care providers to submit an affidavit of compliance
990 with certain mandatory reporting requirements;
991 amending s. 409.1757, F.S.; clarifying individuals who
992 are exempt from certain refingerprinting or
993 rescreening requirements; amending s. 435.07, F.S.;
994 providing criteria for a person’s disqualification
995 from employment with a school readiness program
996 provider; amending s. 1001.42, F.S.; revising the
997 duties of a district school board; creating s.
998 1001.67, F.S.; establishing a collaboration between
999 the state board and the Legislature to designate
1000 certain Florida College System institutions as
1001 distinguished colleges; specifying standards for the
1002 designation; requiring the state board to award the
1003 designation to certain Florida College System
1004 institutions; providing that the designated
1005 institutions are eligible for funding as specified in
1006 the General Appropriations Act; amending s. 1002.82,
1007 F.S.; revising the duties of the Office of Early
1008 Learning of the Department of Education; requiring the
1009 office to coordinate with the Department of Children
1010 and Families and local licensing agencies for
1011 inspections of school readiness program providers;
1012 amending s. 1002.84, F.S.; revising provisions
1013 relating to determination of child eligibility for
1014 school readiness programs; revising requirements for
1015 determining parent copayments for the programs;
1016 amending s. 1002.87, F.S.; revising the prioritization
1017 of participation in school readiness programs;
1018 revising school readiness program eligibility
1019 requirements for parents; amending s. 1002.88, F.S.;
1020 revising requirements for school readiness program
1021 providers; amending s. 1002.89, F.S.; providing for
1022 additional uses of funds for school readiness
1023 programs; amending s. 1004.935, F.S.; deleting the
1024 scheduled termination of the Adults with Disabilities
1025 Workforce Education Pilot Program; changing the name
1026 of the program to the “Adults with Disabilities
1027 Workforce Education Program”; amending s. 1011.62,
1028 F.S.; revising the calculation for certain
1029 supplemental funds for exceptional student education
1030 programs; requiring the funds to be prorated under
1031 certain circumstances; revising the funding of full
1032 time equivalent values for students who earn CAPE
1033 industry certifications through dual enrollment;
1034 deleting a provision prohibiting a teacher’s bonus
1035 from exceeding a specified amount; specifying a limit
1036 in the aggregate increase in certain funds provided
1037 through the Florida Education Finance Program after a
1038 specified time; creating a federally connected student
1039 supplement for school districts; specifying
1040 eligibility requirements and calculations for
1041 allocations of the supplement; amending s. 1011.71,
1042 F.S.; conforming a cross-reference; providing
1043 effective dates.