HB 501

1	A bill to be entitled
2	An act relating to early learning; transferring the
3	powers, duties, and functions of the early learning
4	coalitions to the Agency for Workforce Innovation
5	according to a schedule adopted by the agency; providing
6	for legislative notice and review of the transfer
7	schedule; abolishing a coalition upon transfer of its
8	powers, duties, and functions to the agency; directing the
9	agency to reclaim state records, property, and funds;
10	requiring a coalition to administer certain laws as they
11	existed before amendment or repeal for a specified period;
12	abolishing the Florida Early Learning Advisory Council;
13	amending s. 11.45, F.S.; revising authority of the Auditor
14	General to conduct audits; conforming a provision;
15	amending s. 20.50, F.S.; conforming a provision; amending
16	s. 39.0121, F.S.; deleting an obsolete reference to the
17	repealed subsidized child care program; amending s.
18	39.202, F.S.; replacing an obsolete reference to a
19	repealed program with an updated reference to the school
20	readiness program; authorizing county agencies responsible
21	for licensure or approval of child care providers to be
22	granted access to certain confidential reports and records
23	in cases of child abuse or neglect; amending s. 39.5085,
24	F.S.; deleting an obsolete reference to a repealed
25	program; amending s. 125.901, F.S.; revising membership of
26	the governing board of a children's services council;
27	amending s. 216.136, F.S.; conforming provisions; amending
28	s. 383.14, F.S.; replacing obsolete references to the
29	former State Coordinating Council for School Readiness
30	Programs with updated references to the agency;
31	transferring, renumbering, and amending s. 402.25, F.S.;
32	updating an obsolete reference to a repealed program;
33	deleting obsolete references to the repealed
34	prekindergarten early intervention program and Florida
35	First Start Program; amending s. 402.26, F.S.; revising
36	legislative intent; updating an obsolete reference to a
37	repealed program; amending s. 402.281, F.S.; updating an
38	obsolete reference to a former council; requiring the
39	Department of Children and Family Services to consult with
40	the agency regarding the approval of accrediting
41	associations for the Gold Seal Quality Care program;
42	transferring, renumbering, and amending s. 402.3018, F.S.;
43	transferring administration of the statewide toll-free
44	Warm-Line from the department to the agency; conforming
45	provisions; transferring, renumbering, and amending s.
46	402.3051, F.S.; revising procedures for child care market
47	rate reimbursement and child care grants; transferring
48	authority to establish the procedures from the department
49	to the agency; directing the agency to adopt a prevailing
50	market rate schedule for child care services; revising
51	definitions; prohibiting the schedule from interfering
52	with parental choice; authorizing the agency to enter into
53	contracts and adopt rules; amending s. 402.313, F.S.;
54	deleting obsolete provisions authorizing the department to
55	license family day care homes participating in a repealed
56	program; amending s. 402.45, F.S.; updating an obsolete
57	reference to a former council; directing the Department of
58	Health to consult with the agency regarding certain
59	training provided for contractors of the community
60	resource mother or father program; amending s. 409.1671,
61	F.S.; clarifying that a licensed foster home may be dually
62	licensed as a child care facility and receive certain
63	payments for the same child; deleting an obsolete
64	reference to a repealed program; amending s. 411.01, F.S.;
65	conforming provisions; revising legislative intent;
66	directing the agency to administer the school readiness
67	program; authorizing the agency to adopt rules and apply
68	for certain waivers; requiring the agency to give priority
69	to certain children for school readiness services;
70	defining the term "payment certificate"; revising
71	requirements for parental choice; directing the agency to
72	establish a formula for allocating school readiness funds
73	to each county; providing for legislative notice and
74	review of the formula; authorizing the agency to enter
75	into contracts; amending s. 411.0101, F.S.; conforming
76	provisions; revising requirements for services provided by
77	the statewide child care resource and referral network;
78	updating obsolete references to repealed programs;
79	amending s. 411.0102, F.S.; updating obsolete references
80	to a repealed program; conforming provisions; amending s.
81	411.0105, F.S.; revising lead agency responsibilities for
82	administration of certain federal provisions; requiring
83	the Department of Education to contract with the agency;
84	amending s. 411.011, F.S.; conforming provisions; amending
85	s. 411.203, F.S.; deleting an obsolete reference to a
86	repealed program; conforming provisions; amending s.
87	411.221, F.S.; updating an obsolete reference to a former
88	council; amending ss. 445.024, 445.030, 490.014, and
89	491.014, F.S.; deleting obsolete references to repealed
90	programs; conforming provisions to the repeal of the
91	subsidized child care case management program; amending
92	ss. 1002.22, 1002.51, 1002.53, 1002.55, 1002.61, 1002.63,
93	1002.67, 1002.71, 1002.72, and 1003.54, F.S.; conforming
94	provisions; amending s. 1002.75, F.S.; conforming
95	provisions; directing the agency to administer the
96	Voluntary Prekindergarten Education Program; authorizing
97	the agency to enter into contracts; amending s. 1006.03,
98	F.S.; conforming a provision; amending s. 1009.64, F.S.;
99	deleting an obsolete reference to a repealed program;
100	repealing ss. 402.3135, 402.3145, and 1002.77, F.S.,
101	relating to the subsidized child care program case
102	management program, the subsidized child care
103	transportation program, and the Florida Early Learning
104	Advisory Council; transferring and renumbering s.
105	402.3016, F.S., relating to Early Head Start collaboration
106	grants; providing effective dates.
107
108	Be It Enacted by the Legislature of the State of Florida:
109
110	Section 1.  (1)  By October 1, 2009, the Agency for
111	Workforce Innovation, subject to legislative notice and review
112	under s. 216.177, Florida Statutes, shall adopt a schedule for
113	the transfer of the powers, duties, and functions of early
114	learning coalitions to the Agency for Workforce Innovation. The
115	schedule must provide for the orderly transfer of those powers,
116	duties, and functions as soon as practicable without disruption
117	of services for children and families or delay in payments to
118	program providers but not later than June 30, 2010.
119	(2)  The Agency for Workforce Innovation, according to the
120	schedule, shall assume responsibility for all powers, duties,
121	and functions of each early learning coalition. The Agency for
122	Workforce Innovation, upon assuming responsibility for those
123	powers, duties, and functions, shall provide written notice of
124	the transfer to the Governor and to the coalition's chair,
125	executive director, and registered agent.
126	(3)  An early learning coalition is abolished upon the
127	transfer of its powers, duties, and functions to the Agency for
128	Workforce Innovation. The Agency for Workforce Innovation shall
129	reclaim from each early learning coalition all records,
130	property, and unexpended balances of appropriations,
131	allocations, and other funds belonging to the state.
132	(4)  Notwithstanding the amendment or repeal by this act of
133	provisions of law conferring duties upon the early learning
134	coalitions, an early learning coalition shall continue to
135	administer those provisions as they existed before the effective
136	date of this act until the coalition is abolished or June 30,
137	2010, whichever occurs first.
138	(5)  The Florida Early Learning Advisory Council is
139	abolished.
140	Section 2.  Effective July 1, 2010, paragraphs (q) through
141	(x) of subsection (3) of section 11.45, Florida Statutes, are
142	redesignated as paragraphs (p) through (w), respectively, and
143	present paragraph (p) of that subsection is amended to read:
144	11.45  Definitions; duties; authorities; reports; rules.--
145	(3)  AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.--The
146	Auditor General may, pursuant to his or her own authority, or at
147	the direction of the Legislative Auditing Committee, conduct
148	audits or other engagements as determined appropriate by the
149	Auditor General of:
150	(p)  The school readiness system, including the early
151	learning coalitions, created under s. 411.01.
152	Section 3.  Paragraph (c) of subsection (2) of section
153	20.50, Florida Statutes, is amended to read:
154	20.50  Agency for Workforce Innovation.--There is created
155	the Agency for Workforce Innovation within the Department of
156	Management Services. The agency shall be a separate budget
157	entity, as provided in the General Appropriations Act, and the
158	director of the agency shall be the agency head for all
159	purposes. The agency shall not be subject to control,
160	supervision, or direction by the Department of Management
161	Services in any manner, including, but not limited to,
162	personnel, purchasing, transactions involving real or personal
163	property, and budgetary matters.
164	(2)
165	(c)  The agency shall include the following offices within
166	its organizational structure:
167	1.  The Office of Unemployment Compensation Services;
168	2.  The Office of Workforce Program Support;
169	3.  The Office of Early Learning, which shall administer
170	the school readiness program system in accordance with s. 411.01
171	and the operational requirements of the Voluntary
172	Prekindergarten Education Program in accordance with part V of
173	chapter 1002. The office shall be directed by the Deputy
174	Director for Early Learning, who shall be appointed by and serve
175	at the pleasure of the director; and
176	4.  The Office of Agency Support Services.
177
178	The director of the agency may establish the positions of
179	assistant director and deputy director to administer the
180	requirements and functions of the agency. In addition, the
181	director may organize and structure the offices of the agency to
182	best meet the goals and objectives of the agency as provided in
183	s. 20.04.
184	Section 4.  Subsection (7) of section 39.0121, Florida
185	Statutes, is amended to read:
186	39.0121  Specific rulemaking authority.--Pursuant to the
187	requirements of s. 120.536, the department is specifically
188	authorized to adopt, amend, and repeal administrative rules
189	which implement or interpret law or policy, or describe the
190	procedure and practice requirements necessary to implement this
191	chapter, including, but not limited to, the following:
192	(7)  Federal funding requirements and procedures; foster
193	care and adoption subsidies; and subsidized independent living;
194	and subsidized child care.
195	Section 5.  Paragraph (a) of subsection (2) of section
196	39.202, Florida Statutes, is amended to read:
197	39.202  Confidentiality of reports and records in cases of
198	child abuse or neglect.--
199	(2)  Except as provided in subsection (4), access to such
200	records, excluding the name of the reporter which shall be
201	released only as provided in subsection (5), shall be granted
202	only to the following persons, officials, and agencies:
203	(a)  Employees, authorized agents, or contract providers of
204	the department, the Department of Health, the Agency for Persons
205	with Disabilities, or county agencies responsible for carrying
206	out:
207	1.  Child or adult protective investigations;
208	2.  Ongoing child or adult protective services;
209	3.  Early intervention and prevention services;
210	4.  Healthy Start services;
211	5.  Licensure or approval of adoptive homes, foster homes,
212	child care facilities, facilities licensed under chapter 393, or
213	family day care homes or informal child care providers who
214	receive school readiness subsidized child care funding, or other
215	homes used to provide for the care and welfare of children; or
216	6.  Services for victims of domestic violence when provided
217	by certified domestic violence centers working at the
218	department's request as case consultants or with shared clients.
219
220	Also, employees or agents of the Department of Juvenile Justice
221	responsible for the provision of services to children, pursuant
222	to chapters 984 and 985.
223	Section 6.  Paragraph (f) of subsection (2) of section
224	39.5085, Florida Statutes, is amended to read:
225	39.5085  Relative Caregiver Program.--
226	(2)
227	(f)  Within available funding, the Relative Caregiver
228	Program shall provide relative caregivers with family support
229	and preservation services, flexible funds in accordance with s.
230	409.165, subsidized child care, and other available services in
231	order to support the child's safety, growth, and healthy
232	development. Children living with relative caregivers who are
233	receiving assistance under this section shall be eligible for
234	Medicaid coverage.
235	Section 7.  Paragraph (b) of subsection (1) of section
236	125.901, Florida Statutes, is amended to read:
237	125.901  Children's services; independent special district;
238	council; powers, duties, and functions.--
239	(1)  Each county may by ordinance create an independent
240	special district, as defined in ss. 189.403(3) and
241	200.001(8)(e), to provide funding for children's services
242	throughout the county in accordance with this section. The
243	boundaries of such district shall be coterminous with the
244	boundaries of the county. The county governing body shall obtain
245	approval, by a majority vote of those electors voting on the
246	question, to annually levy ad valorem taxes which shall not
247	exceed the maximum millage rate authorized by this section. Any
248	district created pursuant to the provisions of this subsection
249	shall be required to levy and fix millage subject to the
250	provisions of s. 200.065. Once such millage is approved by the
251	electorate, the district shall not be required to seek approval
252	of the electorate in future years to levy the previously
253	approved millage.
254	(b)  However, any county as defined in s. 125.011(1) may
255	instead have a governing board consisting of 33 members,
256	including: the superintendent of schools; two representatives of
257	public postsecondary education institutions located in the
258	county; the county manager or the equivalent county officer; the
259	district administrator from the appropriate district of the
260	Department of Children and Family Services, or the
261	administrator's designee who is a member of the Senior
262	Management Service or the Selected Exempt Service; the director
263	of the county health department or the director's designee; the
264	state attorney for the county or the state attorney's designee;
265	the chief judge assigned to juvenile cases, or another juvenile
266	judge who is the chief judge's designee and who shall sit as a
267	voting member of the board, except that the judge may not vote
268	or participate in setting ad valorem taxes under this section;
269	an individual who is selected by the board of the local United
270	Way or its equivalent; a member of a locally recognized faith-
271	based coalition, selected by that coalition; a member of the
272	local chamber of commerce, selected by that chamber or, if more
273	than one chamber exists within the county, a person selected by
274	a coalition of the local chambers; the director of Workforce
275	Innovation or a member of the director's designee early learning
276	coalition, selected by that coalition; a representative of a
277	labor organization or union active in the county; a member of a
278	local alliance or coalition engaged in cross-system planning for
279	health and social service delivery in the county, selected by
280	that alliance or coalition; a member of the local Parent-
281	Teachers Association/Parent-Teacher-Student Association,
282	selected by that association; a youth representative selected by
283	the local school system's student government; a local school
284	board member appointed by the chair of the school board; the
285	mayor of the county or the mayor's designee; one member of the
286	county governing body, appointed by the chair of that body; a
287	member of the state Legislature who represents residents of the
288	county, selected by the chair of the local legislative
289	delegation; an elected official representing the residents of a
290	municipality in the county, selected by the county municipal
291	league; and 4 members-at-large, appointed to the council by the
292	majority of sitting council members. The remaining 7 members
293	shall be appointed by the Governor in accordance with procedures
294	set forth in paragraph (a), except that the Governor may remove
295	a member for cause or upon the written petition of the council.
296	Appointments by the Governor must, to the extent reasonably
297	possible, represent the geographic and demographic diversity of
298	the population of the county. Members who are appointed to the
299	council by reason of their position are not subject to the
300	length of terms and limits on consecutive terms as provided in
301	this section. The remaining appointed members of the governing
302	board shall be appointed to serve 2-year terms, except that
303	those members appointed by the Governor shall be appointed to
304	serve 4-year terms, and the youth representative and the
305	legislative delegate shall be appointed to serve 1-year terms. A
306	member may be reappointed; however, a member may not serve for
307	more than three consecutive terms. A member is eligible to be
308	appointed again after a 2-year hiatus from the council.
309	Section 8.  Subsection (8) of section 216.136, Florida
310	Statutes, is amended to read:
311	216.136  Consensus estimating conferences; duties and
312	principals.--
313	(8)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--
314	(a)  The Early Learning Programs Estimating Conference
315	shall develop estimates and forecasts of the unduplicated count
316	of children eligible for the school readiness program programs
317	in accordance with the standards of eligibility established in
318	s. 411.01(6), and of children eligible for the Voluntary
319	Prekindergarten Education Program in accordance with s.
320	1002.53(2), as the conference determines are needed to support
321	the state planning, budgeting, and appropriations processes.
322	(b)  The Agency for Workforce Innovation shall provide
323	information on needs and waiting lists for the school readiness
324	program programs, and information on the needs for the Voluntary
325	Prekindergarten Education Program, as requested by the Early
326	Learning Programs Estimating Conference or individual conference
327	principals in a timely manner.
328	Section 9.  Paragraph (b) of subsection (1) and subsection
329	(2) of section 383.14, Florida Statutes, are amended to read:
330	383.14  Screening for metabolic disorders, other hereditary
331	and congenital disorders, and environmental risk factors.--
332	(1)  SCREENING REQUIREMENTS.--To help ensure access to the
333	maternal and child health care system, the Department of Health
334	shall promote the screening of all newborns born in Florida for
335	metabolic, hereditary, and congenital disorders known to result
336	in significant impairment of health or intellect, as screening
337	programs accepted by current medical practice become available
338	and practical in the judgment of the department. The department
339	shall also promote the identification and screening of all
340	newborns in this state and their families for environmental risk
341	factors such as low income, poor education, maternal and family
342	stress, emotional instability, substance abuse, and other high-
343	risk conditions associated with increased risk of infant
344	mortality and morbidity to provide early intervention,
345	remediation, and prevention services, including, but not limited
346	to, parent support and training programs, home visitation, and
347	case management. Identification, perinatal screening, and
348	intervention efforts shall begin prior to and immediately
349	following the birth of the child by the attending health care
350	provider. Such efforts shall be conducted in hospitals,
351	perinatal centers, county health departments, school health
352	programs that provide prenatal care, and birthing centers, and
353	reported to the Office of Vital Statistics.
354	(b)  Postnatal screening.--A risk factor analysis using the
355	department's designated risk assessment instrument shall also be
356	conducted as part of the medical screening process upon the
357	birth of a child and submitted to the department's Office of
358	Vital Statistics for recording and other purposes provided for
359	in this chapter. The department's screening process for risk
360	assessment shall include a scoring mechanism and procedures that
361	establish thresholds for notification, further assessment,
362	referral, and eligibility for services by professionals or
363	paraprofessionals consistent with the level of risk. Procedures
364	for developing and using the screening instrument, notification,
365	referral, and care coordination services, reporting
366	requirements, management information, and maintenance of a
367	computer-driven registry in the Office of Vital Statistics which
368	ensures privacy safeguards must be consistent with the
369	provisions and plans established under chapter 411, Pub. L. No.
370	99-457, and this chapter. Procedures established for reporting
371	information and maintaining a confidential registry must include
372	a mechanism for a centralized information depository at the
373	state and county levels. The department shall coordinate with
374	existing risk assessment systems and information registries. The
375	department must ensure, to the maximum extent possible, that the
376	screening information registry is integrated with the
377	department's automated data systems, including the Florida On-
378	line Recipient Integrated Data Access (FLORIDA) system. Tests
379	and screenings must be performed by the State Public Health
380	Laboratory, in coordination with Children's Medical Services, at
381	such times and in such manner as is prescribed by the department
382	after consultation with the Genetics and Infant Screening
383	Advisory Council and the Agency for Workforce Innovation State
384	Coordinating Council for School Readiness Programs.
385	(2)  RULES.--After consultation with the Genetics and
386	Newborn Screening Advisory Council, the department shall adopt
387	and enforce rules requiring that every newborn in this state
388	shall, prior to becoming 1 week of age, be subjected to a test
389	for phenylketonuria and, at the appropriate age, be tested for
390	such other metabolic diseases and hereditary or congenital
391	disorders as the department may deem necessary from time to
392	time. After consultation with the Agency for Workforce
393	Innovation State Coordinating Council for School Readiness
394	Programs, the department shall also adopt and enforce rules
395	requiring every newborn in this state to be screened for
396	environmental risk factors that place children and their
397	families at risk for increased morbidity, mortality, and other
398	negative outcomes. The department shall adopt such additional
399	rules as are found necessary for the administration of this
400	section and s. 383.145, including rules providing definitions of
401	terms, rules relating to the methods used and time or times for
402	testing as accepted medical practice indicates, rules relating
403	to charging and collecting fees for the administration of the
404	newborn screening program authorized by this section, rules for
405	processing requests and releasing test and screening results,
406	and rules requiring mandatory reporting of the results of tests
407	and screenings for these conditions to the department.
408	Section 10.  Section 402.25, Florida Statutes, is
409	transferred, renumbered as section 411.0106, Florida Statutes,
410	and amended to read:
411	411.0106 402.25  Infants and toddlers in state-funded
412	education and care programs; brain development activities.--Each
413	state-funded education and care program for children from birth
414	to 5 years of age must provide activities to foster brain
415	development in infants and toddlers. A program must provide an
416	environment rich in language and music and filled with objects
417	of various colors, shapes, textures, and sizes to stimulate
418	visual, tactile, auditory, and linguistic senses in the children
419	and must include classical music and at least 30 minutes of
420	reading to the children each day. A program may be offered
421	through an existing early childhood program such as Healthy
422	Start, the Title I program, the school readiness program
423	contracted or directly operated subsidized child care, the
424	prekindergarten early intervention program, Florida First Start,
425	the Head Start program, or a private child care program. A
426	program must provide training for the infants' and toddlers'
427	parents including direct dialogue and interaction between
428	teachers and parents demonstrating the urgency of brain
429	development in the first year of a child's life. Family day care
430	centers are encouraged, but not required, to comply with this
431	section.
432	Section 11.  Subsection (5) of section 402.26, Florida
433	Statutes, is amended to read:
434	402.26  Child care; legislative intent.--
435	(5)  It is the further intent of the Legislature to provide
436	and make accessible child care opportunities for children at
437	risk, economically disadvantaged children, and other children
438	traditionally disenfranchised from society. In achieving this
439	intent, the Legislature shall develop early learning programs a
440	subsidized child care system, a range of child care options,
441	support services, and linkages with other programs to fully meet
442	the child care needs of this population.
443	Section 12.  Subsection (2) of section 402.281, Florida
444	Statutes, is amended to read:
445	402.281  Gold Seal Quality Care program.--
446	(2)  In developing the Gold Seal Quality Care program
447	standards, the department shall consult with the Department of
448	Education, the Agency for Workforce Innovation, the Florida Head
449	Start Directors Association, the Florida Association of Child
450	Care Management, the Florida Family Day Care Association, the
451	Florida Children's Forum, the State Coordinating Council for
452	School Readiness Programs, the Early Childhood Association of
453	Florida, the National Association for Child Development
454	Education, providers receiving exemptions under s. 402.316, and
455	parents, for the purpose of approving the accrediting
456	associations.
457	Section 13.  Section 402.3018, Florida Statutes, is
458	transferred, renumbered as section 411.01015, Florida Statutes,
459	and amended to read:
460	411.01015 402.3018  Consultation to child care centers and
461	family day care homes regarding health, developmental,
462	disability, and special needs issues.--
463	(1)  Contingent upon specific appropriations, the Agency
464	for Workforce Innovation shall administer department is directed
465	to contract with the statewide resource information and referral
466	agency for a statewide toll-free Warm-Line for the purpose of
467	providing assistance and consultation to child care centers and
468	family day care homes regarding health, developmental,
469	disability, and special needs issues of the children they are
470	serving, particularly children with disabilities and other
471	special needs.
472	(2)  The purpose of the Warm-Line is to provide advice to
473	child care personnel concerning strategies, curriculum, and
474	environmental adaptations that allow a child to derive maximum
475	benefit from the child care services experience.
476	(3)  The Agency for Workforce Innovation department shall
477	annually inform child care centers and family day care homes of
478	the availability of this service, on an annual basis.
479	(4)  Contingent upon specific appropriations, the Agency
480	for Workforce Innovation department shall expand, or contract
481	for the expansion of, the Warm-Line from one statewide site to
482	regional one Warm-Line sites throughout the state site in each
483	child care resource and referral agency region.
484	(5)  Each regional Warm-Line shall provide assistance and
485	consultation to child care centers and family day care homes
486	regarding health, developmental, disability, and special needs
487	issues of the children they are serving, particularly children
488	with disabilities and other special needs. Regional Warm-Line
489	staff shall provide onsite technical assistance, when requested,
490	to assist child care centers and family day care homes with
491	inquiries relative to the strategies, curriculum, and
492	environmental adaptations the child care centers and family day
493	care homes may need as they serve children with disabilities and
494	other special needs.
495	Section 14.  Section 402.3051, Florida Statutes, is
496	transferred, renumbered as section 411.01013, Florida Statutes,
497	and amended to read:
498	(Substantial rewording of section. See
499	s. 402.3051, F.S., for present text.)
500	411.01013  Prevailing market rate schedule.--
501	(1)  As used in this section, the term:
502	(a)  "Market rate" means the price that a child care
503	provider charges for daily, weekly, or monthly child care
504	services.
505	(b)  "Prevailing market rate" means the annually determined
506	75th percentile of a reasonable frequency distribution of the
507	market rate in a predetermined geographic market at which child
508	care providers charge a person for child care services.
509	(2)  The Agency for Workforce Innovation shall establish
510	procedures for the adoption of a prevailing market rate
511	schedule. The schedule must include, at a minimum, county-by-
512	county rates:
513	(a)  At the prevailing market rate, plus the maximum rate
514	differential authorized in the General Appropriations Act, for
515	child care providers that hold a Gold Seal Quality Care
516	designation under s. 402.281.
517	(b)  At the prevailing market rate for child care providers
518	that do not hold a Gold Seal Quality Care designation.
519	(3)  The prevailing market rate schedule, at a minimum,
520	must:
521	(a)  Differentiate rates by the type of child care
522	provider, including, but not limited to, a child care facility
523	licensed under s. 402.305, a public or nonpublic school exempt
524	from licensure under s. 402.3025, a faith-based child care
525	facility exempt from licensure under s. 402.316, a large family
526	child care home licensed under s. 402.3131, a family day care
527	home licensed or registered under s. 402.313, or an after-school
528	program that is not defined as child care under rules adopted
529	pursuant to s. 402.3045.
530	(b)  Differentiate rates by the type of child care services
531	provided for children with special needs or risk categories,
532	infants, toddlers, preschool school children, and school-age
533	children.
534	(c)  Differentiate rates between full-time and part-time
535	child care services.
536	(d)  Consider discounted rates for child care services for
537	multiple children in a single family.
538	(4)  The prevailing market rate schedule may not interfere
539	with the parental choice of child care providers under s.
540	411.01, regardless of available funding for the school readiness
541	program. The prevailing market rate schedule must be based
542	exclusively on the prices charged for child care services.
543	(5)  The Agency for Workforce Innovation may contract with
544	one or more qualified entities to administer this section and
545	provide support and technical assistance for child care
546	providers.
547	(6)  The Agency for Workforce Innovation may adopt rules
548	under ss. 120.536(1) and 120.54 to administer this section.
549	Section 15.  Subsection (1) of section 402.313, Florida
550	Statutes, is amended to read:
551	402.313  Family day care homes.--
552	(1)  Family day care homes shall be licensed under this act
553	if they are presently being licensed under an existing county
554	licensing ordinance, if they are participating in the subsidized
555	child care program, or if the board of county commissioners
556	passes a resolution that family day care homes be licensed. If
557	no county authority exists for the licensing of a family day
558	care home, the department shall have the authority to license
559	family day care homes under contract for the purchase-of-service
560	system in the subsidized child care program.
561	(a)  If not subject to license, family day care homes shall
562	register annually with the department, providing the following
563	information:
564	1.  The name and address of the home.
565	2.  The name of the operator.
566	3.  The number of children served.
567	4.  Proof of a written plan to provide at least one other
568	competent adult to be available to substitute for the operator
569	in an emergency. This plan shall include the name, address, and
570	telephone number of the designated substitute.
571	5.  Proof of screening and background checks.
572	6.  Proof of successful completion of the 30-hour training
573	course, as evidenced by passage of a competency examination,
574	which shall include:
575	a.  State and local rules and regulations that govern child
576	care.
577	b.  Health, safety, and nutrition.
578	c.  Identifying and reporting child abuse and neglect.
579	d.  Child development, including typical and atypical
580	language development; and cognitive, motor, social, and self-
581	help skills development.
582	e.  Observation of developmental behaviors, including using
583	a checklist or other similar observation tools and techniques to
584	determine a child's developmental level.
585	f.  Specialized areas, including early literacy and
586	language development of children from birth to 5 years of age,
587	as determined by the department, for owner-operators of family
588	day care homes.
589	7.  Proof that immunization records are kept current.
590	8.  Proof of completion of the required continuing
591	education units or clock hours.
592	(b)  A family day care home not participating in the
593	subsidized child care program may volunteer to be licensed under
594	the provisions of this act.
595	(c)  The department may provide technical assistance to
596	counties and family day care home providers to enable counties
597	and family day care providers to achieve compliance with family
598	day care homes standards.
599	Section 16.  Subsection (6) of section 402.45, Florida
600	Statutes, is amended to read:
601	402.45  Community resource mother or father program.--
602	(6)  Individuals under contract to provide community
603	resource mother or father services shall participate in
604	preservice and ongoing training as determined by the Department
605	of Health in consultation with the Agency for Workforce
606	Innovation State Coordinating Council for School Readiness
607	Programs. A community resource mother or father shall not be
608	assigned a client caseload until all preservice training
609	requirements are completed.
610	Section 17.  Paragraph (c) of subsection (5) of section
611	409.1671, Florida Statutes, is amended to read:
612	409.1671  Foster care and related services; outsourcing.--
613	(5)
614	(c)  A foster home dually licensed home under this section
615	may shall be dually licensed as a child care facility under
616	chapter 402 and may eligible to receive both an out-of-home care
617	payment and, to the extent permitted under federal law, school
618	readiness funding a subsidized child care payment for the same
619	child pursuant to federal law. The department may adopt
620	administrative rules necessary to administer this paragraph.
621	Section 18.  Section 411.01, Florida Statutes, is amended
622	to read:
623	411.01  School readiness program programs; early learning
624	coalitions.--
625	(1)  SHORT TITLE.--This section may be cited as the "School
626	Readiness Act."
627	(2)  LEGISLATIVE INTENT.--
628	(a)  The Legislature recognizes that the school readiness
629	program increases programs increase children's chances of
630	achieving future educational success and becoming productive
631	members of society. It is the intent of the Legislature that the
632	program programs be developmentally appropriate, research-based,
633	involve the parent parents as a their child's first teacher,
634	serve as preventive measures for children at risk of future
635	school failure, enhance the educational readiness of eligible
636	children, and support family education. The Each school
637	readiness program shall provide the elements necessary to
638	prepare at-risk children for school, including health screening
639	and referral and an appropriate educational program.
640	(b)  It is the intent of the Legislature that the school
641	readiness program programs be operated on a full-day, year-round
642	basis to the maximum extent possible to enable parents to work
643	and become financially self-sufficient.
644	(c)  It is the intent of the Legislature that the school
645	readiness program programs not exist as an isolated program
646	programs, but build upon existing services and work in
647	cooperation with other programs for young children, and that the
648	school readiness program programs be coordinated to achieve full
649	effectiveness.
650	(d)  It is the intent of the Legislature that the
651	administrative staff at the state level for the school readiness
652	program programs be kept to the minimum necessary to administer
653	the duties of the Agency for Workforce Innovation, as the school
654	readiness programs are to be regionally designed, operated, and
655	managed, with the Agency for Workforce Innovation developing
656	school readiness program performance standards and outcome
657	measures and approving and reviewing early learning coalitions
658	and school readiness plans.
659	(e)  It is the intent of the Legislature that
660	appropriations for combined school readiness programs shall not
661	be less than the programs would receive in any fiscal year on an
662	uncombined basis.
663	(e)(f)  It is the intent of the Legislature that the school
664	readiness program coordinate and operate in conjunction with the
665	district school systems. However, it is also the intent of the
666	Legislature that the school readiness program not be construed
667	as part of the system of free public schools but rather as a
668	separate program for children under the age of kindergarten
669	eligibility, funded separately from the system of free public
670	schools, utilizing a mandatory sliding fee scale, and providing
671	an integrated and seamless system of school readiness services
672	for the state's birth-to-kindergarten population.
673	(g)  It is the intent of the Legislature that the federal
674	child care income tax credit be preserved for school readiness
675	programs.
676	(f)(h)  It is the intent of the Legislature that school
677	readiness services shall be an integrated and seamless program
678	system of services with a developmentally appropriate education
679	component for the state's eligible birth-to-kindergarten
680	population described in subsection (6) and shall not be
681	construed as part of the seamless K-20 education system.
682	(3)  PARENTAL PARTICIPATION IN SCHOOL READINESS
683	PROGRAMS.--This section does not:
684	(a)  Relieve parents and guardians of their own obligations
685	to prepare their children for school; or
686	(b)  Create any obligation to provide the publicly funded
687	school readiness program programs or services beyond those
688	authorized by the Legislature.
689	(4)  AGENCY FOR WORKFORCE INNOVATION.--
690	(a)  The Agency for Workforce Innovation shall administer
691	the school readiness program programs at the state level and
692	shall coordinate the early learning coalitions in providing
693	school readiness services on a full-day, full-year, full-choice
694	basis to the extent possible in order to enable parents to work
695	and be financially self-sufficient.
696	(b)  The Agency for Workforce Innovation shall:
697	1.  Administer Coordinate the birth-to-kindergarten
698	services for children who are eligible under subsection (6) and
699	the programmatic, administrative, and fiscal standards under
700	this section for all public providers of the school readiness
701	program programs.
702	2.  Continue to provide unified leadership for school
703	readiness through early learning coalitions.
704	2.3.  Focus on improving the educational quality of all
705	program providers participating in the publicly funded school
706	readiness program programs.
707	(c)  For purposes of administration of the federal Child
708	Care and Development Fund, 45 C.F.R. parts 98 and 99, the Agency
709	for Workforce Innovation may be designated by the Governor as
710	the lead agency and, if so designated, shall comply with the
711	lead agency responsibilities under federal law.
712	(d)  The Agency for Workforce Innovation shall:
713	3.1.  Be responsible for the prudent use of all public and
714	private funds in accordance with all legal and contractual
715	requirements.
716	2.  Provide final approval and periodic review of early
717	learning coalitions and school readiness plans.
718	4.3.  Provide leadership for the enhancement of school
719	readiness in this state by aggressively establishing a unified
720	approach to the state's efforts toward enhancement of school
721	readiness. In support of this effort, the Agency for Workforce
722	Innovation may develop and implement specific strategies that
723	address the state's school readiness program programs.
724	5.4.  Safeguard the effective use of federal, state, local,
725	and private resources to achieve the highest possible level of
726	school readiness for the children in this state.
727	5.  Provide technical assistance to early learning
728	coalitions.
729	6.  Assess gaps in service.
730	7.  Provide technical assistance to counties that form a
731	multicounty region served by an early learning coalition.
732	7.8.  Develop and adopt performance standards and outcome
733	measures for the school readiness program programs. The
734	performance standards must address the age-appropriate progress
735	of children in the development of the school readiness skills
736	required under paragraph (h) (j). The performance standards for
737	children from birth to 3 years of age in the school readiness
738	program programs must be integrated with the performance
739	standards adopted by the Department of Education for children in
740	the Voluntary Prekindergarten Education Program under s.
741	1002.67.
742	(c)(e)  The Agency for Workforce Innovation may adopt rules
743	under ss. 120.536(1) and 120.54 to administer the provisions of
744	law conferring duties upon the agency, including, but not
745	limited to, rules governing the administration preparation and
746	implementation of the school readiness program system, the
747	collection of data, the approval of early learning coalitions
748	and school readiness plans, the provision of a method whereby an
749	early learning coalition may serve two or more counties, the
750	award of incentives to early learning coalitions, and the
751	issuance of waivers.
752	(d)(f)  The Agency for Workforce Innovation shall have all
753	powers necessary to administer this section, including, but not
754	limited to, the power to receive and accept grants, loans, or
755	advances of funds from any public or private agency and to
756	receive and accept from any source contributions of money,
757	property, labor, or any other thing of value, to be held, used,
758	and applied for purposes of this section.
759	(e)(g)  Except as provided by law, the Agency for Workforce
760	Innovation may not impose requirements on a child care or early
761	childhood education provider that does not deliver services
762	under the a school readiness program or receive state or federal
763	funds under this section.
764	(f)(h)  The Agency for Workforce Innovation shall have a
765	budget for the school readiness program system, which shall be
766	financed through an annual appropriation made for purposes of
767	this section in the General Appropriations Act.
768	(g)(i)  The Agency for Workforce Innovation shall
769	coordinate the efforts toward school readiness in this state and
770	provide independent policy analyses and recommendations to the
771	Governor, the State Board of Education, and the Legislature.
772	(h)(j)  The Agency for Workforce Innovation shall require
773	that the each early learning coalition's school readiness
774	program must, at a minimum, enhance the age-appropriate progress
775	of each child in the development of the following school
776	readiness skills:
777	1.  Compliance with rules, limitations, and routines.
778	2.  Ability to perform tasks.
779	3.  Interactions with adults.
780	4.  Interactions with peers.
781	5.  Ability to cope with challenges.
782	6.  Self-help skills.
783	7.  Ability to express the child's needs.
784	8.  Verbal communication skills.
785	9.  Problem-solving skills.
786	10.  Following of verbal directions.
787	11.  Demonstration of curiosity, persistence, and
788	exploratory behavior.
789	12.  Interest in books and other printed materials.
790	13.  Paying attention to stories.
791	14.  Participation in art and music activities.
792	15.  Ability to identify colors, geometric shapes, letters
793	of the alphabet, numbers, and spatial and temporal
794	relationships.
795
796	The Agency for Workforce Innovation shall also require that,
797	Before a child is enrolled in the an early learning coalition's
798	school readiness program, the Agency for Workforce Innovation
799	coalition must obtain, or ensure that the program provider
800	obtains, information is obtained by the coalition or the school
801	readiness provider regarding the child's immunizations, physical
802	development, and other health requirements as necessary,
803	including appropriate vision and hearing screening and
804	examinations.
805	(i)(k)  The Agency for Workforce Innovation shall conduct
806	studies and planning activities related to the overall
807	improvement and effectiveness of the outcome measures adopted by
808	the agency for the school readiness program programs.
809	(l)  The Agency for Workforce Innovation shall monitor and
810	evaluate the performance of each early learning coalition in
811	administering the school readiness program, implementing the
812	coalition's school readiness plan, and administering the
813	Voluntary Prekindergarten Education Program. These monitoring
814	and performance evaluations must include, at a minimum, onsite
815	monitoring of each coalition's finances, management, operations,
816	and programs.
817	(j)(m)  The Agency for Workforce Innovation shall identify
818	best practices of early learning coalitions in order to improve
819	the outcomes of the school readiness program programs.
820	(k)(n)  The Agency for Workforce Innovation shall submit an
821	annual report of its activities conducted under this section to
822	the Governor, the executive director of the Florida Healthy Kids
823	Corporation, the President of the Senate, the Speaker of the
824	House of Representatives, and the minority leaders of both
825	houses of the Legislature. In addition, the Agency for Workforce
826	Innovation's reports and recommendations shall be made available
827	to the State Board of Education, the Florida Early Learning
828	Advisory Council, other appropriate state agencies and entities,
829	district school boards, central agencies, and county health
830	departments. The annual report must provide an analysis of
831	school readiness activities across the state, including the
832	number of children who were served in the program programs.
833	(l)(o)  The Agency for Workforce Innovation shall work with
834	the early learning coalitions to increase parents' training for
835	and involvement in their children's preschool education and to
836	provide family literacy activities and services programs.
837	(5)  SCHOOL READINESS PROGRAM REQUIREMENTS CREATION OF
838	EARLY LEARNING COALITIONS.--
839	(a)  Early learning coalitions.--
840	1.  The Agency for Workforce Innovation shall establish the
841	minimum number of children to be served by each early learning
842	coalition through the coalition's school readiness program. The
843	Agency for Workforce Innovation may only approve school
844	readiness plans in accordance with this minimum number. The
845	minimum number must be uniform for every early learning
846	coalition and must:
847	a.  Permit 30 or fewer coalitions to be established; and
848	b.  Require each coalition to serve at least 2,000 children
849	based upon the average number of all children served per month
850	through the coalition's school readiness program during the
851	previous 12 months.
852
853	The Agency for Workforce Innovation shall adopt procedures for
854	merging early learning coalitions, including procedures for the
855	consolidation of merging coalitions, and for the early
856	termination of the terms of coalition members which are
857	necessary to accomplish the mergers. Each early learning
858	coalition must comply with the merger procedures and shall be
859	organized in accordance with this subparagraph by April 1, 2005.
860	By June 30, 2005, each coalition must complete the transfer of
861	powers, duties, functions, rules, records, personnel, property,
862	and unexpended balances of appropriations, allocations, and
863	other funds to the successor coalition, if applicable.
864	2.  If an early learning coalition would serve fewer
865	children than the minimum number established under subparagraph
866	1., the coalition must merge with another county to form a
867	multicounty coalition. However, the Agency for Workforce
868	Innovation may authorize an early learning coalition to serve
869	fewer children than the minimum number established under
870	subparagraph 1., if:
871	a.  The coalition demonstrates to the Agency for Workforce
872	Innovation that merging with another county or multicounty
873	region contiguous to the coalition would cause an extreme
874	hardship on the coalition;
875	b.  The Agency for Workforce Innovation has determined
876	during the most recent annual review of the coalition's school
877	readiness plan, or through monitoring and performance
878	evaluations conducted under paragraph (4)(l), that the coalition
879	has substantially implemented its plan and substantially met the
880	performance standards and outcome measures adopted by the
881	agency; and
882	c.  The coalition demonstrates to the Agency for Workforce
883	Innovation the coalition's ability to effectively and
884	efficiently implement the Voluntary Prekindergarten Education
885	Program.
886
887	If an early learning coalition fails or refuses to merge as
888	required by this subparagraph, the Agency for Workforce
889	Innovation may dissolve the coalition and temporarily contract
890	with a qualified entity to continue school readiness and
891	prekindergarten services in the coalition's county or
892	multicounty region until the coalition is reestablished through
893	resubmission of a school readiness plan and approval by the
894	agency.
895	3.  Notwithstanding the provisions of subparagraphs 1. and
896	2., the early learning coalitions in Sarasota, Osceola, and
897	Santa Rosa Counties which were in operation on January 1, 2005,
898	are established and authorized to continue operation as
899	independent coalitions, and shall not be counted within the
900	limit of 30 coalitions established in subparagraph 1.
901	4.  Each early learning coalition shall be composed of at
902	least 18 members but not more than 35 members. The Agency for
903	Workforce Innovation shall adopt standards establishing within
904	this range the minimum and maximum number of members that may be
905	appointed to an early learning coalition. These standards must
906	include variations for a coalition serving a multicounty region.
907	Each early learning coalition must comply with these standards.
908	5.  The Governor shall appoint the chair and two other
909	members of each early learning coalition, who must each meet the
910	same qualifications as private sector business members appointed
911	by the coalition under subparagraph 7.
912	6.  Each early learning coalition must include the
913	following members:
914	a.  A Department of Children and Family Services district
915	administrator or his or her designee who is authorized to make
916	decisions on behalf of the department.
917	b.  A district superintendent of schools or his or her
918	designee who is authorized to make decisions on behalf of the
919	district, who shall be a nonvoting member.
920	c.  A regional workforce board executive director or his or
921	her designee.
922	d.  A county health department director or his or her
923	designee.
924	e.  A children's services council or juvenile welfare board
925	chair or executive director, if applicable, who shall be a
926	nonvoting member if the council or board is the fiscal agent of
927	the coalition or if the council or board contracts with and
928	receives funds from the coalition for any purpose other than
929	rent.
930	f.  An agency head of a local licensing agency as defined
931	in s. 402.302, where applicable.
932	g.  A president of a community college or his or her
933	designee.
934	h.  One member appointed by a board of county
935	commissioners.
936	i.  A central agency administrator, where applicable, who
937	shall be a nonvoting member.
938	j.  A Head Start director, who shall be a nonvoting member.
939	k.  A representative of private child care providers,
940	including family day care homes, who shall be a nonvoting
941	member.
942	l.  A representative of faith-based child care providers,
943	who shall be a nonvoting member.
944	m.  A representative of programs for children with
945	disabilities under the federal Individuals with Disabilities
946	Education Act, who shall be a nonvoting member.
947	7.  Including the members appointed by the Governor under
948	subparagraph 5., more than one-third of the members of each
949	early learning coalition must be private sector business members
950	who do not have, and none of whose relatives as defined in s.
951	112.3143 has, a substantial financial interest in the design or
952	delivery of the Voluntary Prekindergarten Education Program
953	created under part V of chapter 1002 or the coalition's school
954	readiness program. To meet this requirement an early learning
955	coalition must appoint additional members from a list of
956	nominees submitted to the coalition by a chamber of commerce or
957	economic development council within the geographic region served
958	by the coalition. The Agency for Workforce Innovation shall
959	establish criteria for appointing private sector business
960	members. These criteria must include standards for determining
961	whether a member or relative has a substantial financial
962	interest in the design or delivery of the Voluntary
963	Prekindergarten Education Program or the coalition's school
964	readiness program.
965	8.  A majority of the voting membership of an early
966	learning coalition constitutes a quorum required to conduct the
967	business of the coalition. An early learning coalition board may
968	use any method of telecommunications to conduct meetings,
969	including establishing a quorum through telecommunications,
970	provided that the public is given proper notice of a
971	telecommunications meeting and reasonable access to observe and,
972	when appropriate, participate.
973	9.  A voting member of an early learning coalition may not
974	appoint a designee to act in his or her place, except as
975	otherwise provided in this paragraph. A voting member may send a
976	representative to coalition meetings, but that representative
977	does not have voting privileges. When a district administrator
978	for the Department of Children and Family Services appoints a
979	designee to an early learning coalition, the designee is the
980	voting member of the coalition, and any individual attending in
981	the designee's place, including the district administrator, does
982	not have voting privileges.
983	10.  Each member of an early learning coalition is subject
984	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
985	112.3143(3)(a), each voting member is a local public officer who
986	must abstain from voting when a voting conflict exists.
987	11.  For purposes of tort liability, each member or
988	employee of an early learning coalition shall be governed by s.
989	768.28.
990	12.  An early learning coalition serving a multicounty
991	region must include representation from each county.
992	13.  Each early learning coalition shall establish terms
993	for all appointed members of the coalition. The terms must be
994	staggered and must be a uniform length that does not exceed 4
995	years per term. Appointed members may serve a maximum of two
996	consecutive terms. When a vacancy occurs in an appointed
997	position, the coalition must advertise the vacancy.
998	(a)(b)  Program administration; extended services
999	participation.--The school readiness program shall be
1000	established for children from birth to the beginning of the
1001	school year for which a child is eligible for admission to
1002	kindergarten in a public school under s. 1003.21(1)(a)2. The
1003	program shall be administered by the Agency for Workforce
1004	Innovation early learning coalition. Within funding limitations,
1005	the agency early learning coalition, along with all program
1006	providers, shall make reasonable efforts to accommodate the
1007	needs of children for extended-day and extended-year services
1008	without compromising the quality of the program.
1009	(b)(c)  Program expectations.--
1010	1.  The school readiness program must meet the following
1011	expectations:
1012	a.  The program must, at a minimum, enhance the age-
1013	appropriate progress of each child in the development of the
1014	school readiness skills required under paragraph (4)(h)(j), as
1015	measured by the performance standards and outcome measures
1016	adopted by the Agency for Workforce Innovation.
1017	b.  The program must provide extended-day and extended-year
1018	services to the maximum extent possible to meet the needs of
1019	parents who work.
1020	c.  There must be coordinated staff development and
1021	teaching opportunities.
1022	d.  There must be expanded access to community services and
1023	resources for families to help achieve economic self-
1024	sufficiency.
1025	e.  There must be a single point of entry and unified
1026	waiting list. As used in this sub-subparagraph, the term "single
1027	point of entry" means an integrated information system that
1028	allows a parent to enroll his or her child in the school
1029	readiness program at various locations throughout a the county
1030	or multicounty region served by an early learning coalition,
1031	that may allow a parent to enroll his or her child by telephone
1032	or through an Internet website, and that uses a unified waiting
1033	list to track eligible children waiting for enrollment in the
1034	school readiness program. The Agency for Workforce Innovation
1035	shall establish a single statewide information system for the
1036	that integrates each early learning coalition's single point of
1037	entry, and each coalition must use the statewide system in each
1038	county.
1039	f.  The Agency for Workforce Innovation must consider the
1040	access of eligible children to the school readiness program, as
1041	demonstrated in part by waiting lists, before approving a
1042	proposed increase in payment rates submitted by an early
1043	learning coalition. In addition, the Agency for Workforce
1044	Innovation early learning coalitions shall use school readiness
1045	funds made available due to enrollment shifts from the school
1046	readiness program programs to the Voluntary Prekindergarten
1047	Education Program for increasing the number of children served
1048	in the school readiness program programs before increasing
1049	payment rates.
1050	g.  The Agency for Workforce Innovation There must adopt be
1051	a community plan to address the needs of all eligible children.
1052	h.  The program must meet all state licensing guidelines,
1053	where applicable.
1054	2.  The Agency for Workforce Innovation early learning
1055	coalition must implement a comprehensive program of school
1056	readiness services that enhance the cognitive, social, and
1057	physical development of children to achieve the performance
1058	standards and outcome measures adopted by the agency for
1059	Workforce Innovation. At a minimum, the program these programs
1060	must contain the following elements:
1061	a.  Developmentally appropriate curriculum designed to
1062	enhance the age-appropriate progress of children in attaining
1063	the performance standards adopted by the Agency for Workforce
1064	Innovation under subparagraph (4)(b)7.(d)8.
1065	b.  A character development program to develop basic
1066	values.
1067	c.  An age-appropriate assessment of each child's
1068	development.
1069	d.  A pretest administered to children when they enter a
1070	program and a posttest administered to children when they leave
1071	the program.
1072	e.  An appropriate staff-to-children ratio.
1073	f.  A healthy and safe environment.
1074	g.  The statewide child care A resource and referral
1075	network established under s. 411.0101 to assist parents in
1076	making an informed choice.
1077	(c)(d)  Implementation.--
1078	1.  An early learning coalition may not implement the
1079	school readiness program until the coalition is authorized
1080	through approval of the coalition's school readiness plan by the
1081	Agency for Workforce Innovation.
1082	2.  Each early learning coalition shall develop a plan for
1083	implementing the school readiness program to meet the
1084	requirements of this section and the performance standards and
1085	outcome measures adopted by the Agency for Workforce Innovation.
1086	The plan must demonstrate how the program will ensure that each
1087	3-year-old and 4-year-old child in a publicly funded school
1088	readiness program receives scheduled activities and instruction
1089	designed to enhance the age-appropriate progress of the children
1090	in attaining the performance standards adopted by the Agency for
1091	Workforce Innovation under subparagraph (4)(d)8. Before
1092	implementing the school readiness program, the early learning
1093	coalition must submit the plan to the Agency for Workforce
1094	Innovation for approval. The Agency for Workforce Innovation may
1095	approve the plan, reject the plan, or approve the plan with
1096	conditions. The Agency for Workforce Innovation shall review
1097	school readiness plans at least annually.
1098	3.  If the Agency for Workforce Innovation determines
1099	during the annual review of school readiness plans, or through
1100	monitoring and performance evaluations conducted under paragraph
1101	(4)(l), that an early learning coalition has not substantially
1102	implemented its plan, has not substantially met the performance
1103	standards and outcome measures adopted by the agency, or has not
1104	effectively administered the school readiness program or
1105	Voluntary Prekindergarten Education Program, the Agency for
1106	Workforce Innovation may dissolve the coalition and temporarily
1107	contract with a qualified entity to continue school readiness
1108	and prekindergarten services in the coalition's county or
1109	multicounty region until the coalition is reestablished through
1110	resubmission of a school readiness plan and approval by the
1111	agency.
1112	1.4.  The Agency for Workforce Innovation shall adopt rules
1113	establishing criteria for the approval of school readiness
1114	plans. The criteria must be consistent with the performance
1115	standards and outcome measures adopted by the agency and must
1116	require each approved plan to include the following minimum
1117	standards and provisions for the school readiness program:
1118	a.  A sliding fee scale establishing a copayment for
1119	parents based upon their ability to pay, which is the same for
1120	all program providers, to be implemented and reflected in each
1121	program's budget.
1122	b.  A choice of settings and locations in licensed,
1123	registered, religious-exempt, or school-based programs to be
1124	provided to parents.
1125	c.  Instructional staff who have completed the training
1126	course as required in s. 402.305(2)(d)1., as well as
1127	requirements for staff who have additional training or
1128	credentials as required by the Agency for Workforce Innovation.
1129	The rules plan must provide a method for assuring the
1130	qualifications of all personnel in all program settings.
1131	d.  Specific eligibility priorities for children within the
1132	early learning coalition's county or multicounty region in
1133	accordance with subsection (6).
1134	e.  Performance standards and outcome measures adopted by
1135	the Agency for Workforce Innovation.
1136	f.  The adoption of payment rates that must adopted by the
1137	early learning coalition and approved by the Agency for
1138	Workforce Innovation. Payment rates may not have the effect of
1139	limiting parental choice or creating standards or levels of
1140	services that have not been authorized by the Legislature.
1141	g.  Systems support services, including the statewide a
1142	central agency, child care resource and referral network,
1143	eligibility determinations, training of providers, and parent
1144	support and involvement.
1145	h.  Direct enhancement services to families and children.
1146	System support and direct enhancement services shall be in
1147	addition to payments for the placement of children in the school
1148	readiness program programs.
1149	i.  The business organization of the early learning
1150	coalition, which must include the coalition's articles of
1151	incorporation and bylaws if the coalition is organized as a
1152	corporation. If the coalition is not organized as a corporation
1153	or other business entity, the plan must include the contract
1154	with a fiscal agent. An early learning coalition may contract
1155	with other coalitions to achieve efficiency in multicounty
1156	services, and these contracts may be part of the coalition's
1157	school readiness plan.
1158	i.j.  Strategies to meet the needs of unique populations,
1159	such as migratory agricultural migrant workers.
1160
1161	As part of the school readiness plan, The Agency for Workforce
1162	Innovation early learning coalition may request the Governor to
1163	apply for a waiver to allow the agency coalition to administer
1164	the Head Start Program to accomplish the purposes of the school
1165	readiness program. If a school readiness plan demonstrates that
1166	specific statutory goals can be achieved more effectively by
1167	using procedures that require modification of existing rules,
1168	policies, or procedures, a request for a waiver to the Agency
1169	for Workforce Innovation may be submitted as part of the plan.
1170	Upon review, the Agency for Workforce Innovation may grant the
1171	proposed modification.
1172	2.5.  Persons with an early childhood teaching certificate
1173	may provide support and supervision to other staff in the school
1174	readiness program.
1175	6.  An early learning coalition may not implement its
1176	school readiness plan until it submits the plan to and receives
1177	approval from the Agency for Workforce Innovation. Once the plan
1178	is approved, the plan and the services provided under the plan
1179	shall be controlled by the early learning coalition. The plan
1180	shall be reviewed and revised as necessary, but at least
1181	biennially. An early learning coalition may not implement the
1182	revisions until the coalition submits the revised plan to and
1183	receives approval from the Agency for Workforce Innovation. If
1184	the Agency for Workforce Innovation rejects a revised plan, the
1185	coalition must continue to operate under its prior approved
1186	plan.
1187	3.7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
1188	apply to the an early learning coalition with an approved school
1189	readiness program plan. The Agency for Workforce Innovation To
1190	facilitate innovative practices and to allow the regional
1191	establishment of school readiness programs, an early learning
1192	coalition may apply to the Governor and Cabinet for a waiver of,
1193	and the Governor and Cabinet may waive, any of the provisions of
1194	ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
1195	for implementation of the coalition's school readiness program
1196	plan.
1197	8.  Two or more counties may join for purposes of planning
1198	and implementing a school readiness program.
1199	4.9.  An early learning coalition may, subject to approval
1200	by The Agency for Workforce Innovation may as part of the
1201	coalition's school readiness plan, receive subsidized child care
1202	funds for all children eligible for any federal subsidized child
1203	care program.
1204	10.  An early learning coalition may enter into multiparty
1205	contracts with multicounty service providers in order to meet
1206	the needs of unique populations such as migrant workers.
1207	(d)(e)  Requests for proposals; payment schedule.--
1208	1.  Each early learning coalition must comply with s.
1209	287.057 for the procurement of commodities or contractual
1210	services from the funds described in paragraph (9)(d). The
1211	period of a contract for purchase of these commodities or
1212	contractual services, together with any renewal of the original
1213	contract, may not exceed 3 years.
1214	2.  The Agency for Workforce Innovation Each early learning
1215	coalition shall adopt a payment schedule that encompasses all
1216	programs funded by the coalition under this section. The payment
1217	schedule must take into consideration the prevailing relevant
1218	market rate schedule adopted under s. 411.01013 and, must
1219	include the projected number of children to be served, and must
1220	be submitted for approval by the Agency for Workforce
1221	Innovation. The payment rate for an informal child care
1222	arrangement may not exceed arrangements shall be reimbursed at
1223	not more than 50 percent of the rate adopted developed for a
1224	family day care home.
1225	(f)  Requirements relating to fiscal agents.--If an early
1226	learning coalition is not legally organized as a corporation or
1227	other business entity, the coalition must designate a fiscal
1228	agent, which may be a public entity, a private nonprofit
1229	organization, or a certified public accountant who holds a
1230	license under chapter 473. The fiscal agent must provide
1231	financial and administrative services under a contract with the
1232	early learning coalition. The fiscal agent may not provide
1233	direct early childhood education or child care services;
1234	however, a fiscal agent may provide those services upon written
1235	request of the early learning coalition to the Agency for
1236	Workforce Innovation and upon the approval of the request by the
1237	agency. The cost of the financial and administrative services
1238	shall be negotiated between the fiscal agent and the early
1239	learning coalition. If the fiscal agent is a provider of early
1240	childhood education and child care programs, the contract must
1241	specify that the fiscal agent shall act on policy direction from
1242	the early learning coalition and must not receive policy
1243	direction from its own corporate board regarding disbursal of
1244	the coalition's funds. The fiscal agent shall disburse funds in
1245	accordance with the early learning coalition's approved school
1246	readiness plan and based on billing and disbursement procedures
1247	approved by the Agency for Workforce Innovation. The fiscal
1248	agent must conform to all data-reporting requirements
1249	established by the Agency for Workforce Innovation.
1250	(g)  Evaluation and annual report.--Each early learning
1251	coalition shall conduct an evaluation of the effectiveness of
1252	the school readiness program, including performance standards
1253	and outcome measures, and shall provide an annual report and
1254	fiscal statement to the Agency for Workforce Innovation. This
1255	report must conform to the content and format specifications set
1256	by the Agency for Workforce Innovation. The Agency for Workforce
1257	Innovation must include an analysis of the early learning
1258	coalitions' reports in the agency's annual report.
1259	(6)  PROGRAM ELIGIBILITY.--The Each early learning
1260	coalition's school readiness program is shall be established for
1261	children from birth to the beginning of the school year for
1262	which a child is eligible for admission to kindergarten in a
1263	public school under s. 1003.21(1)(a)2. The Agency for Workforce
1264	Innovation shall give priority for participation in the school
1265	readiness program as follows:
1266	(a)  Priority shall be given first to a child from a family
1267	in which there is an adult receiving temporary cash assistance
1268	who is subject to federal work requirements.
1269	(b)  Priority shall be given next to a child children age 3
1270	years of age or older who has not yet entered to school, entry
1271	who is are served by the Family Safety Program Office of the
1272	Department of Children and Family Services or a community-based
1273	lead agency under chapter 39, and for whom child care is needed
1274	to minimize risk of further abuse, neglect, or abandonment.
1275	(c)  Subsequent priority shall be given to a child Other
1276	eligible populations include children who meets meet one or more
1277	of the following criteria:
1278	1.(a)  A child who is younger than Children under the age
1279	of kindergarten eligibility and who are:
1280	a.1.  Is not included for priority in paragraph (b) but is
1281	Children determined to be at risk of abuse, neglect, or
1282	exploitation and is who are currently a client clients of the
1283	Family Safety Program Office of the Department of Children and
1284	Family Services, but who are not otherwise given priority under
1285	this subsection.
1286	b.2.  Is Children at risk of welfare dependency, including
1287	an economically disadvantaged child children, a child children
1288	of a participant participants in the welfare transition program,
1289	a child of a migratory agricultural worker children of migrant
1290	farmworkers, or a child and children of a teen parent parents.
1291	c.3.  Is a member Children of a working family that is
1292	economically disadvantaged families whose family income does not
1293	exceed 150 percent of the federal poverty level.
1294	d.4.  Children For whom financial assistance is provided
1295	through the state is paying a Relative Caregiver Program payment
1296	under s. 39.5085.
1297	2.(b)  A 3-year-old child or Three-year-old children and 4-
1298	year-old child children who may not be economically
1299	disadvantaged but who has a disability; has have disabilities,
1300	have been served in a specific part-time exceptional education
1301	program or a combination of part-time exceptional education
1302	programs with required special services, aids, or equipment;,
1303	and was were previously reported for funding part time under
1304	with the Florida Education Finance Program as an exceptional
1305	student students.
1306	3.(c)  An economically disadvantaged child children, a
1307	child children with a disability disabilities, or a child and
1308	children at risk of future school failure, from birth to 4 years
1309	of age, who is are served at home through a home visitor program
1310	programs and an intensive parent education program programs.
1311	4.(d)  A child Children who meets meet federal and state
1312	eligibility requirements for the migrant preschool program but
1313	who is do not meet the criteria of economically disadvantaged.
1314
1315	As used in this paragraph subsection, the term "economically
1316	disadvantaged" child means having a child whose family income
1317	that does not exceed 150 percent of the federal poverty level.
1318	Notwithstanding any change in a family's economic status, but
1319	subject to additional family contributions in accordance with
1320	the sliding fee scale, a child who meets the eligibility
1321	requirements upon initial registration for the program remains
1322	eligible until the beginning of the school year for which the
1323	child is eligible for admission to kindergarten in a public
1324	school under s. 1003.21(1)(a)2.
1325	(7)  PARENTAL CHOICE.--
1326	(a)  As used in this subsection, the term "payment
1327	certificate" means a child care certificate as defined in 45
1328	C.F.R. s. 98.2.
1329	(b)  The school readiness program shall, in accordance with
1330	45 C.F.R. s. 98.30, provide parental choice through a payment
1331	certificate purchase service order that ensures, to the maximum
1332	extent possible, flexibility in the school readiness program
1333	programs and payment arrangements. According to federal
1334	regulations requiring parental choice, a parent may choose an
1335	informal child care arrangement. The payment certificate
1336	purchase order must bear the names name of the beneficiary and
1337	the program provider and, when redeemed, must bear the
1338	signatures signature of both the beneficiary and an authorized
1339	representative of the provider.
1340	(c)(b)  If it is determined that a provider has given
1341	provided any cash to the beneficiary in return for receiving a
1342	payment certificate the purchase order, the Agency for Workforce
1343	Innovation early learning coalition or its fiscal agent shall
1344	refer the matter to the Division of Public Assistance Fraud for
1345	investigation.
1346	(d)(c)  The office of the Chief Financial Officer shall
1347	establish an electronic transfer system for the disbursement of
1348	funds in accordance with this subsection. Each early learning
1349	coalition shall fully implement the electronic funds transfer
1350	system within 2 years after approval of the coalition's school
1351	readiness plan, unless a waiver is obtained from the Agency for
1352	Workforce Innovation.
1353	(8)  STANDARDS; OUTCOME MEASURES.--A program provider
1354	participating in the All school readiness program programs must
1355	meet the performance standards and outcome measures adopted by
1356	the Agency for Workforce Innovation.
1357	(9)  FUNDING; SCHOOL READINESS PROGRAM.--
1358	(a)  It is the intent of this section to establish an
1359	integrated and quality seamless service delivery system for all
1360	publicly funded early childhood education and child care
1361	programs operating in this state.
1362	(b)1.  The Agency for Workforce Innovation shall administer
1363	school readiness funds, plans, and policies and shall prepare
1364	and submit a unified budget request for the school readiness
1365	program system in accordance with chapter 216.
1366	2.  All instructions to early learning coalitions for
1367	administering this section shall emanate from the Agency for
1368	Workforce Innovation in accordance with the policies of the
1369	Legislature.
1370	(c)  The Agency for Workforce Innovation, subject to
1371	legislative notice and review under s. 216.177, shall establish
1372	recommend a formula for the allocation among the early learning
1373	coalitions of all state and federal school readiness funds
1374	provided for children participating in the public or private
1375	school readiness program, whether served by a public or private
1376	provider, programs based upon equity for each county and
1377	performance. If a The allocation formula must be submitted to
1378	the Governor, the chair of the Senate Ways and Means Committee
1379	or its successor, and the chair of the House of Representatives
1380	Fiscal Council or its successor no later than January 1 of each
1381	year. The Legislature shall specify in the annual General
1382	Appropriations Act specifies any changes to from the allocation
1383	formula, methodology for the prior fiscal year which must be
1384	used by the Agency for Workforce Innovation shall allocate funds
1385	as specified in allocating the appropriations provided in the
1386	General Appropriations Act.
1387	(d)  All state, federal, and required local maintenance-of-
1388	effort or matching funds provided to an early learning coalition
1389	for purposes of this section shall be used by the coalition for
1390	implementation of the its school readiness program plan,
1391	including the hiring of staff to effectively operate the
1392	coalition's school readiness program. As part of plan approval
1393	and periodic plan review, The Agency for Workforce Innovation
1394	shall require that administrative costs be kept to the minimum
1395	necessary for efficient and effective administration of the
1396	school readiness program plan, but total administrative
1397	expenditures must not exceed 5 percent unless specifically
1398	waived by the Agency for Workforce Innovation. The Agency for
1399	Workforce Innovation shall annually report to the Legislature
1400	any problems relating to administrative costs.
1401	(e)  The Agency for Workforce Innovation shall annually
1402	distribute, to a maximum extent practicable, all eligible funds
1403	provided under this section as block grants to the early
1404	learning coalitions.
1405	(e)(f)  State funds appropriated for the school readiness
1406	program may not be used for the construction of new facilities
1407	or the purchase of buses. The Agency for Workforce Innovation
1408	shall present to the Legislature recommendations for providing
1409	necessary transportation services for the school readiness
1410	program programs.
1411	(f)(g)  All cost savings and all revenues received through
1412	a mandatory sliding fee scale shall be used to help fund the
1413	each early learning coalition's school readiness program.
1414	(10)  CONFLICTING PROVISIONS.--In the event of a conflict
1415	between this section and federal requirements, the federal
1416	requirements shall control.
1417	(11)  CONTRACTING.--The Agency for Workforce Innovation may
1418	contract with one or more qualified entities to administer this
1419	section.
1420	(11)  PLACEMENTS.--Notwithstanding any other provision of
1421	this section to the contrary, the first children to be placed in
1422	the school readiness program shall be those from families
1423	receiving temporary cash assistance and subject to federal work
1424	requirements. Subsequent placements shall be made in accordance
1425	with subsection (6).
1426	Section 19.  Section 411.0101, Florida Statutes, is amended
1427	to read:
1428	411.0101  Child care and early childhood resource and
1429	referral.--The Agency for Workforce Innovation shall establish a
1430	statewide child care resource and referral network that
1431	provides. Preference shall be given to using the already
1432	established early learning coalitions as the child care resource
1433	and referral agency. If an early learning coalition cannot
1434	comply with the requirements to offer the resource information
1435	component or does not want to offer that service, the early
1436	learning coalition shall select the resource information agency
1437	based upon a request for proposal pursuant to s. 411.01(5)(e)1.
1438	At least one child care resource and referral agency must be
1439	established in each early learning coalition's county or
1440	multicounty region. Child care resource and referral agencies
1441	shall provide the following services:
1442	(1)  Identification of existing public and private child
1443	care and early childhood education services, including child
1444	care services by public and private employers, and the
1445	development of a resource file of those services. These services
1446	may include family day care, public and private child care
1447	programs, the Voluntary Prekindergarten Education Program, Head
1448	Start, the school readiness program prekindergarten early
1449	intervention programs, special education programs for
1450	prekindergarten handicapped children with disabilities, services
1451	for children with developmental disabilities, full-time and
1452	part-time programs, before-school and after-school programs,
1453	vacation care programs, parent education, the WAGES Program, and
1454	related family support services. The resource file shall
1455	include, but not be limited to:
1456	(a)  Type of program.
1457	(b)  Hours of service.
1458	(c)  Ages of children served.
1459	(d)  Number of children served.
1460	(e)  Significant program information.
1461	(f)  Fees and eligibility for services.
1462	(g)  Availability of transportation.
1463	(2)  The establishment of a referral process that which
1464	responds to parental need for information and that which is
1465	provided with full recognition of the confidentiality rights of
1466	parents. The resource and referral network programs shall make
1467	referrals to licensed child care facilities. Referrals may not
1468	shall be made to an unlicensed child care facility or
1469	arrangement only if there is no requirement that the facility is
1470	required to or arrangement be licensed.
1471	(3)  Maintenance of ongoing documentation of requests for
1472	service tabulated through the internal referral process. The
1473	following documentation of requests for service shall be
1474	maintained by the all child care resource and referral network
1475	agencies:
1476	(a)  Number of calls and contacts to the child care
1477	resource information and referral network agency component by
1478	type of service requested.
1479	(b)  Ages of children for whom service was requested.
1480	(c)  Time category of child care requests for each child.
1481	(d)  Special time category, such as nights, weekends, and
1482	swing shift.
1483	(e)  Reason that the child care is needed.
1484	(f)  Name of the employer and primary focus of the
1485	business.
1486	(4)  Provision of technical assistance to existing and
1487	potential providers of child care services. This assistance may
1488	include:
1489	(a)  Information on initiating new child care services,
1490	zoning, and program and budget development and assistance in
1491	finding such information from other sources.
1492	(b)  Information and resources that which help existing
1493	child care services providers to maximize their ability to serve
1494	children and parents in their community.
1495	(c)  Information and incentives that may which could help
1496	existing or planned child care services offered by public or
1497	private employers seeking to maximize their ability to serve the
1498	children of their working parent employees in their community,
1499	through contractual or other funding arrangements with
1500	businesses.
1501	(5)  Assistance to families and employers in applying for
1502	various sources of subsidy including, but not limited to, the
1503	Voluntary Prekindergarten Education Program, the school
1504	readiness program subsidized child care, Head Start,
1505	prekindergarten early intervention programs, Project
1506	Independence, private scholarships, and the federal child and
1507	dependent care tax credit.
1508	(6)  Assistance to state agencies in determining the market
1509	rate for child care.
1510	(6)(7)  Assistance in negotiating discounts or other
1511	special arrangements with child care providers.
1512	(7)(8)  Information and assistance to local interagency
1513	councils coordinating services for prekindergarten handicapped
1514	children with disabilities.
1515	(8)(9)  Assistance to families in identifying summer
1516	recreation camp and summer day camp programs, and in evaluating
1517	the health and safety qualities of summer recreation camp and
1518	summer day camp programs, and in evaluating the health and
1519	safety qualities of summer camp programs. Contingent upon
1520	specific appropriation, a checklist of important health and
1521	safety qualities that parents can use to choose their summer
1522	camp programs shall be developed and distributed in a manner
1523	that will reach parents interested in such programs for their
1524	children.
1525	(9)(10)  A child care facility licensed under s. 402.305
1526	and licensed and registered family day care homes must provide
1527	the statewide child care and resource and referral network
1528	agencies with the following information annually:
1529	(a)  Type of program.
1530	(b)  Hours of service.
1531	(c)  Ages of children served.
1532	(d)  Fees and eligibility for services.
1533	(10)(11)  The Agency for Workforce Innovation shall adopt
1534	any rules necessary for the implementation and administration of
1535	this section.
1536	Section 20.  Subsections (3) and (5) of section 411.0102,
1537	Florida Statutes, are amended to read:
1538	411.0102  Child Care Executive Partnership Act; findings
1539	and intent; grant; limitation; rules.--
1540	(3)  There is created a body politic and corporate known as
1541	the Child Care Executive Partnership which shall establish and
1542	govern the Child Care Executive Partnership Program. The purpose
1543	of the Child Care Executive Partnership Program is to utilize
1544	state and federal funds as incentives for matching local funds
1545	derived from local governments, employers, charitable
1546	foundations, and other sources, so that Florida communities may
1547	create local flexible partnerships with employers. The Child
1548	Care Executive Partnership Program funds shall be used at the
1549	discretion of local communities to meet the needs of working
1550	parents. A child care purchasing pool shall be developed with
1551	the state, federal, and local funds to provide subsidies to low-
1552	income working parents who are eligible for the school readiness
1553	program subsidized child care with a dollar-for-dollar match
1554	from employers, local government, and other matching
1555	contributions. The funds used from the child care purchasing
1556	pool must be used to supplement or extend the use of existing
1557	public or private funds.
1558	(5)(a)  The Legislature shall annually determine the amount
1559	of state or federal low-income child care moneys which shall be
1560	used to create Child Care Executive Partnership Program child
1561	care purchasing pools in counties chosen by the Child Care
1562	Executive Partnership, provided that at least two of the
1563	counties have populations of no more than 300,000. The
1564	Legislature shall annually review the effectiveness of the child
1565	care purchasing pool program and reevaluate the percentage of
1566	additional state or federal funds, if any, that can be used for
1567	the program's expansion.
1568	(b)  To ensure a seamless service delivery and ease of
1569	access for families, an early learning coalition or the Agency
1570	for Workforce Innovation shall administer the child care
1571	purchasing pool funds.
1572	(c)  The Agency for Workforce Innovation, in conjunction
1573	with the Child Care Executive Partnership, shall develop
1574	procedures for disbursement of funds through the child care
1575	purchasing pools. In order to be considered for funding, a
1576	purchasing pool an early learning coalition or the Agency for
1577	Workforce Innovation must commit to:
1578	1.  Matching the state purchasing pool funds on a dollar-
1579	for-dollar basis; and
1580	2.  Expending only those public funds which are matched by
1581	employers, local government, and other matching contributors who
1582	contribute to the purchasing pool. Parents shall also pay a fee,
1583	which may not shall be not less than the amount identified in
1584	the school readiness program's early learning coalition's
1585	subsidized child care sliding fee scale.
1586	(d)  Each purchasing pool must early learning coalition
1587	shall be required to establish a community child care task force
1588	for each child care purchasing pool. The task force must be
1589	composed of employers, parents, private child care providers,
1590	and one representative from the local children's services
1591	council, if one exists in the area of the purchasing pool. The
1592	purchasing pool early learning coalition is expected to recruit
1593	the task force members from existing child care councils,
1594	commissions, or task forces already operating in the area of a
1595	purchasing pool. A majority of the task force shall consist of
1596	employers. Each task force shall develop a plan for the use of
1597	child care purchasing pool funds. The plan must show how many
1598	children will be served by the purchasing pool, how many will be
1599	new to receiving child care services, and how the purchasing
1600	pool early learning coalition intends to attract new employers
1601	and their employees to the program.
1602	Section 21.  Section 411.0105, Florida Statutes, is amended
1603	to read:
1604	411.0105  Federal Early Learning Opportunities Act and Even
1605	Start Family Literacy Programs; lead agency responsibilities.--
1606	(1)  The Governor may designate the Agency for Workforce
1607	Innovation as the lead agency for purposes of administration of
1608	the federal Child Care and Development Fund, 45 C.F.R. parts 98
1609	and 99. If designated as the lead agency, the Agency for
1610	Workforce Innovation must comply with the lead agency
1611	responsibilities under federal law.
1612	(2)  For purposes of administration of the federal Early
1613	Learning Opportunities Act, 20 U.S.C. ss. 9401-9413, the Agency
1614	for Workforce Innovation is designated as the lead agency and
1615	must comply with the lead agency responsibilities under law.
1616	(3)(a)  For purposes of administration of and the federal
1617	William F. Goodling Even Start Family Literacy Programs, 20
1618	U.S.C. ss. 6381-6381k pursuant to Pub. L. No. 106-554, the
1619	Department of Education Agency for Workforce Innovation is
1620	designated as the lead agency and must comply with the lead
1621	agency responsibilities under pursuant to federal law.
1622	(b)  The Department of Education shall contract with the
1623	Agency for Workforce Innovation for administration of the
1624	federal William F. Goodling Even Start Family Literacy Programs.
1625	Section 22.  Effective July 1, 2010, subsections (1) and
1626	(3) of section 411.011, Florida Statutes, are amended to read:
1627	411.011  Records of children in the school readiness
1628	program programs.--
1629	(1)  The individual records of children enrolled in the
1630	school readiness program programs provided under s. 411.01, held
1631	by a former an early learning coalition or the Agency for
1632	Workforce Innovation, are confidential and exempt from s.
1633	119.07(1) and s. 24(a), Art. I of the State Constitution. For
1634	purposes of this section, records include assessment data,
1635	health data, records of teacher observations, and personal
1636	identifying information.
1637	(3)  School readiness records may be released to:
1638	(a)  The United States Secretary of Education, the United
1639	States Secretary of Health and Human Services, and the
1640	Comptroller General of the United States for the purpose of
1641	federal audits.
1642	(b)  Individuals or organizations conducting studies for
1643	institutions to develop, validate, or administer assessments or
1644	improve instruction.
1645	(c)  Accrediting organizations in order to carry out their
1646	accrediting functions.
1647	(d)  Appropriate parties in connection with an emergency if
1648	the information is necessary to protect the health or safety of
1649	the child enrollee or other individuals.
1650	(e)  The Auditor General in connection with his or her
1651	official functions.
1652	(f)  A court of competent jurisdiction in compliance with
1653	an order of that court in accordance with a lawfully issued
1654	subpoena.
1655	(g)  Parties to an interagency agreement among early
1656	learning coalitions, local governmental agencies, providers of
1657	the school readiness program programs, state agencies, and the
1658	Agency for Workforce Innovation for the purpose of implementing
1659	the school readiness program.
1660
1661	Agencies, organizations, or individuals that receive school
1662	readiness records in order to carry out their official functions
1663	must protect the data in a manner that does not permit the
1664	personal identification of a child enrolled in the a school
1665	readiness program and his or her parents by persons other than
1666	those authorized to receive the records.
1667	Section 23.  Paragraph (b) of subsection (8) of section
1668	411.203, Florida Statutes, is amended to read:
1669	411.203  Continuum of comprehensive services.--The
1670	Department of Education and the Department of Health and
1671	Rehabilitative Services shall utilize the continuum of
1672	prevention and early assistance services for high-risk pregnant
1673	women and for high-risk and handicapped children and their
1674	families, as outlined in this section, as a basis for the
1675	intraagency and interagency program coordination, monitoring,
1676	and analysis required in this chapter. The continuum shall be
1677	the guide for the comprehensive statewide approach for services
1678	for high-risk pregnant women and for high-risk and handicapped
1679	children and their families, and may be expanded or reduced as
1680	necessary for the enhancement of those services. Expansion or
1681	reduction of the continuum shall be determined by intraagency or
1682	interagency findings and agreement, whichever is applicable.
1683	Implementation of the continuum shall be based upon applicable
1684	eligibility criteria, availability of resources, and interagency
1685	prioritization when programs impact both agencies, or upon
1686	single agency prioritization when programs impact only one
1687	agency. The continuum shall include, but not be limited to:
1688	(8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1689	OF HIGH-RISK CHILDREN.--
1690	(b)  Child care and early childhood programs, including,
1691	but not limited to, subsidized child care, licensed
1692	nonsubsidized child care facilities, family day care homes,
1693	therapeutic child care, Head Start, and preschool programs in
1694	public and private schools.
1695	Section 24.  Subsection (2) of section 411.221, Florida
1696	Statutes, is amended to read:
1697	411.221  Prevention and early assistance strategic plan;
1698	agency responsibilities.--
1699	(2)  The strategic plan and subsequent plan revisions shall
1700	incorporate and otherwise utilize, to the fullest extent
1701	possible, the evaluation findings and recommendations from
1702	intraagency, independent third-party, field projects, and
1703	reports issued by the Auditor General or the Office of Program
1704	Policy Analysis and Government Accountability, as well as the
1705	recommendations of the Agency for Workforce Innovation State
1706	Coordinating Council for School Readiness Programs.
1707	Section 25.  Paragraph (c) of subsection (4) of section
1708	445.024, Florida Statutes, is amended to read:
1709	445.024  Work requirements.--
1710	(4)  PRIORITIZATION OF WORK REQUIREMENTS.--Regional
1711	workforce boards shall require participation in work activities
1712	to the maximum extent possible, subject to federal and state
1713	funding. If funds are projected to be insufficient to allow
1714	full-time work activities by all program participants who are
1715	required to participate in work activities, regional workforce
1716	boards shall screen participants and assign priority based on
1717	the following:
1718	(c)  A participant who has access to subsidized or
1719	unsubsidized child care services may be assigned priority for
1720	work activities.
1721
1722	Regional workforce boards may limit a participant's weekly work
1723	requirement to the minimum required to meet federal work
1724	activity requirements. Regional workforce boards may develop
1725	screening and prioritization procedures based on the allocation
1726	of resources, the availability of community resources, the
1727	provision of supportive services, or the work activity needs of
1728	the service area.
1729	Section 26.  Subsection (2) of section 445.030, Florida
1730	Statutes, is amended to read:
1731	445.030  Transitional education and training.--In order to
1732	assist former recipients of temporary cash assistance who are
1733	working or actively seeking employment in continuing their
1734	training and upgrading their skills, education, or training,
1735	support services may be provided for up to 2 years after the
1736	family is no longer receiving temporary cash assistance. This
1737	section does not constitute an entitlement to transitional
1738	education and training. If funds are not sufficient to provide
1739	services under this section, the board of directors of Workforce
1740	Florida, Inc., may limit or otherwise prioritize transitional
1741	education and training.
1742	(2)  Regional workforce boards may authorize child care or
1743	other support services in addition to services provided in
1744	conjunction with employment. For example, a participant who is
1745	employed full time may receive subsidized child care services
1746	related to that employment and may also receive additional
1747	subsidized child care services in conjunction with training to
1748	upgrade the participant's skills.
1749	Section 27.  Paragraph (a) of subsection (2) of section
1750	490.014, Florida Statutes, is amended to read:
1751	490.014  Exemptions.--
1752	(2)  No person shall be required to be licensed or
1753	provisionally licensed under this chapter who:
1754	(a)  Is a salaried employee of a government agency; a
1755	developmental disability facility or program; a, mental health,
1756	alcohol, or drug abuse facility operating under chapter 393,
1757	chapter 394, or chapter 397; the statewide subsidized child care
1758	program, subsidized child care case management program, or child
1759	care resource and referral network program operating under s.
1760	411.0101 pursuant to chapter 402; a child-placing or child-
1761	caring agency licensed pursuant to chapter 409; a domestic
1762	violence center certified pursuant to chapter 39; an accredited
1763	academic institution; or a research institution, if such
1764	employee is performing duties for which he or she was trained
1765	and hired solely within the confines of such agency, facility,
1766	or institution, so long as the employee is not held out to the
1767	public as a psychologist pursuant to s. 490.012(1)(a).
1768	Section 28.  Paragraph (a) of subsection (4) of section
1769	491.014, Florida Statutes, is amended to read:
1770	491.014  Exemptions.--
1771	(4)  No person shall be required to be licensed,
1772	provisionally licensed, registered, or certified under this
1773	chapter who:
1774	(a)  Is a salaried employee of a government agency; a
1775	developmental disability facility or program; a, mental health,
1776	alcohol, or drug abuse facility operating under chapter 393,
1777	chapter 394, or chapter 397; the statewide subsidized child care
1778	program, subsidized child care case management program, or child
1779	care resource and referral network program operating under s.
1780	411.0101 pursuant to chapter 402; a child-placing or child-
1781	caring agency licensed pursuant to chapter 409; a domestic
1782	violence center certified pursuant to chapter 39; an accredited
1783	academic institution; or a research institution, if such
1784	employee is performing duties for which he or she was trained
1785	and hired solely within the confines of such agency, facility,
1786	or institution, so long as the employee is not held out to the
1787	public as a clinical social worker, mental health counselor, or
1788	marriage and family therapist.
1789	Section 29.  Effective July 1, 2010, paragraph (d) of
1790	subsection (3) of section 1002.22, Florida Statutes, is amended
1791	to read:
1792	1002.22  Student records and reports; rights of parents and
1793	students; notification; penalty.--
1794	(3)  RIGHTS OF PARENT OR STUDENT.--The parent of any
1795	student who attends or has attended any public school, career
1796	center, or public postsecondary educational institution shall
1797	have the following rights with respect to any records or reports
1798	created, maintained, and used by any public educational
1799	institution in the state. However, whenever a student has
1800	attained 18 years of age, or is attending a postsecondary
1801	educational institution, the permission or consent required of,
1802	and the rights accorded to, the parents of the student shall
1803	thereafter be required of and accorded to the student only,
1804	unless the student is a dependent student of such parents as
1805	defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code
1806	of 1954). The State Board of Education shall adopt rules whereby
1807	parents or students may exercise these rights:
1808	(d)  Right of privacy.--Every student has a right of
1809	privacy with respect to the educational records kept on him or
1810	her. Personally identifiable records or reports of a student,
1811	and any personal information contained therein, are confidential
1812	and exempt from s. 119.07(1). A state or local educational
1813	agency, board, public school, career center, or public
1814	postsecondary educational institution may not permit the release
1815	of such records, reports, or information without the written
1816	consent of the student's parent, or of the student himself or
1817	herself if he or she is qualified as provided in this
1818	subsection, to any individual, agency, or organization. However,
1819	personally identifiable records or reports of a student may be
1820	released to the following persons or organizations without the
1821	consent of the student or the student's parent:
1822	1.  Officials of schools, school systems, career centers,
1823	or public postsecondary educational institutions in which the
1824	student seeks or intends to enroll; and a copy of such records
1825	or reports shall be furnished to the parent or student upon
1826	request.
1827	2.  Other school officials, including teachers within the
1828	educational institution or agency, who have legitimate
1829	educational interests in the information contained in the
1830	records.
1831	3.  The United States Secretary of Education, the Director
1832	of the National Institute of Education, the Assistant Secretary
1833	for Education, the Comptroller General of the United States, or
1834	state or local educational authorities who are authorized to
1835	receive such information subject to the conditions set forth in
1836	applicable federal statutes and regulations of the United States
1837	Department of Education, or in applicable state statutes and
1838	rules of the State Board of Education.
1839	4.  Other school officials, in connection with a student's
1840	application for or receipt of financial aid.
1841	5.  Individuals or organizations conducting studies for or
1842	on behalf of an institution or a board of education for the
1843	purpose of developing, validating, or administering predictive
1844	tests, administering student aid programs, or improving
1845	instruction, if the studies are conducted in a manner that does
1846	not permit the personal identification of students and their
1847	parents by persons other than representatives of such
1848	organizations and if the information will be destroyed when no
1849	longer needed for the purpose of conducting such studies.
1850	6.  Accrediting organizations, in order to carry out their
1851	accrediting functions.
1852	7.  Early learning coalitions and The Agency for Workforce
1853	Innovation in order to carry out its their assigned duties.
1854	8.  For use as evidence in student expulsion hearings
1855	conducted by a district school board under chapter 120.
1856	9.  Appropriate parties in connection with an emergency, if
1857	knowledge of the information in the student's educational
1858	records is necessary to protect the health or safety of the
1859	student or other individuals.
1860	10.  The Auditor General and the Office of Program Policy
1861	Analysis and Government Accountability in connection with their
1862	official functions; however, except when the collection of
1863	personally identifiable information is specifically authorized
1864	by law, any data collected by the Auditor General and the Office
1865	of Program Policy Analysis and Government Accountability is
1866	confidential and exempt from s. 119.07(1) and shall be protected
1867	in a way that does not permit the personal identification of
1868	students and their parents by other than the Auditor General,
1869	the Office of Program Policy Analysis and Government
1870	Accountability, and their staff, and the personally identifiable
1871	data shall be destroyed when no longer needed for the Auditor
1872	General's and the Office of Program Policy Analysis and
1873	Government Accountability's official use.
1874	11.a.  A court of competent jurisdiction in compliance with
1875	an order of that court or the attorney of record in accordance
1876	with a lawfully issued subpoena, upon the condition that the
1877	student and the student's parent are notified of the order or
1878	subpoena in advance of compliance therewith by the educational
1879	institution or agency.
1880	b.  A person or entity in accordance with a court of
1881	competent jurisdiction in compliance with an order of that court
1882	or the attorney of record pursuant to a lawfully issued
1883	subpoena, upon the condition that the student, or his or her
1884	parent if the student is either a minor and not attending a
1885	postsecondary educational institution or a dependent of such
1886	parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
1887	Revenue Code of 1954), is notified of the order or subpoena in
1888	advance of compliance therewith by the educational institution
1889	or agency.
1890	12.  Credit bureaus, in connection with an agreement for
1891	financial aid that the student has executed, if the information
1892	is disclosed only to the extent necessary to enforce the terms
1893	or conditions of the financial aid agreement. Credit bureaus
1894	shall not release any information obtained under this paragraph
1895	to any person.
1896	13.  Parties to an interagency agreement among the
1897	Department of Juvenile Justice, school and law enforcement
1898	authorities, and other signatory agencies for the purpose of
1899	reducing juvenile crime and especially motor vehicle theft by
1900	promoting cooperation and collaboration, and the sharing of
1901	appropriate information in a joint effort to improve school
1902	safety, to reduce truancy and in-school and out-of-school
1903	suspensions, and to support alternatives to in-school and out-
1904	of-school suspensions and expulsions that provide structured and
1905	well-supervised educational programs supplemented by a
1906	coordinated overlay of other appropriate services designed to
1907	correct behaviors that lead to truancy, suspensions, and
1908	expulsions, and that support students in successfully completing
1909	their education. Information provided in furtherance of the
1910	interagency agreements is intended solely for use in determining
1911	the appropriate programs and services for each juvenile or the
1912	juvenile's family, or for coordinating the delivery of the
1913	programs and services, and as such is inadmissible in any court
1914	proceedings before a dispositional hearing unless written
1915	consent is provided by a parent or other responsible adult on
1916	behalf of the juvenile.
1917	14.  Consistent with the Family Educational Rights and
1918	Privacy Act, the Department of Children and Family Services, or
1919	a community-based care lead agency acting on behalf of the
1920	Department of Children and Family Services, as appropriate.
1921
1922	This paragraph does not prohibit any educational institution
1923	from publishing and releasing to the general public directory
1924	information relating to a student if the institution elects to
1925	do so. However, no educational institution shall release, to any
1926	individual, agency, or organization that is not listed in
1927	subparagraphs 1.-14., directory information relating to the
1928	student body in general or a portion thereof unless it is
1929	normally published for the purpose of release to the public in
1930	general. Any educational institution making directory
1931	information public shall give public notice of the categories of
1932	information that it has designated as directory information for
1933	all students attending the institution and shall allow a
1934	reasonable period of time after the notice has been given for a
1935	parent or student to inform the institution in writing that any
1936	or all of the information designated should not be released.
1937	Section 30.  Subsections (3), (4), and (5) of section
1938	1002.51, Florida Statutes, are renumbered as subsections (2),
1939	(3), and (4), respectively, and present subsection (2) of that
1940	section is amended to read:
1941	1002.51  Definitions.--As used in this part, the term:
1942	(2)  "Early learning coalition" or "coalition" means an
1943	early learning coalition created under s. 411.01.
1944	Section 31.  Paragraphs (a) and (c) of subsection (4),
1945	subsection (5), and paragraph (a) of subsection (6) of section
1946	1002.53, Florida Statutes, are amended to read:
1947	1002.53  Voluntary Prekindergarten Education Program;
1948	eligibility and enrollment.--
1949	(4)(a)  Each parent enrolling a child in the Voluntary
1950	Prekindergarten Education Program must complete and submit an
1951	application to the Agency for Workforce Innovation early
1952	learning coalition through the single point of entry established
1953	under s. 411.01.
1954	(c)  The Agency for Workforce Innovation Each early
1955	learning coalition shall coordinate with each of the school
1956	districts within the coalition's county or multicounty region in
1957	the development of procedures for enrolling children in
1958	prekindergarten programs delivered by public schools.
1959	(5)  The Agency for Workforce Innovation early learning
1960	coalition shall provide each parent enrolling a child in the
1961	Voluntary Prekindergarten Education Program with a profile of
1962	every private prekindergarten provider and public school
1963	delivering the program within the coalition's county where the
1964	child is being enrolled or multicounty region. The profiles
1965	shall be provided to parents in a format prescribed by the
1966	Agency for Workforce Innovation. The profiles must include, at a
1967	minimum, the following information about each provider and
1968	school:
1969	(a)  The provider's or school's services, curriculum,
1970	instructor credentials, and instructor-to-student ratio; and
1971	(b)  The provider's or school's kindergarten readiness rate
1972	calculated in accordance with s. 1002.69, based upon the most
1973	recent available results of the statewide kindergarten
1974	screening.
1975	(6)(a)  A parent may enroll his or her child with any
1976	private prekindergarten provider that is eligible to deliver the
1977	Voluntary Prekindergarten Education Program under this part;
1978	however, the provider may determine whether to admit any child.
1979	The Agency for Workforce Innovation An early learning coalition
1980	may not limit the number of students admitted by any private
1981	prekindergarten provider for enrollment in the program. However,
1982	this paragraph does not authorize the Agency for Workforce
1983	Innovation an early learning coalition to allow a provider to
1984	exceed any staff-to-children ratio, square footage per child, or
1985	other requirement imposed under ss. 402.301-402.319 as a result
1986	of admissions in the prekindergarten program.
1987	Section 32.  Subsection (1) and paragraphs (b) and (h) of
1988	subsection (3) of section 1002.55, Florida Statutes, are amended
1989	to read:
1990	1002.55  School-year prekindergarten program delivered by
1991	private prekindergarten providers.--
1992	(1)  The Agency for Workforce Innovation Each early
1993	learning coalition shall administer the Voluntary
1994	Prekindergarten Education Program at the county or regional
1995	level for students enrolled under s. 1002.53(3)(a) in a school-
1996	year prekindergarten program delivered by a private
1997	prekindergarten provider.
1998	(3)  To be eligible to deliver the prekindergarten program,
1999	a private prekindergarten provider must meet each of the
2000	following requirements:
2001	(b)  The private prekindergarten provider must:
2002	1.  Be accredited by an accrediting association that is a
2003	member of the National Council for Private School Accreditation,
2004	the Commission on International and Trans-Regional
2005	Accreditation, or the Florida Association of Academic Nonpublic
2006	Schools and have written accreditation standards that meet or
2007	exceed the state's licensing requirements under s. 402.305, s.
2008	402.313, or s. 402.3131 and require at least one onsite visit to
2009	the provider or school before accreditation is granted;
2010	2.  Hold a current Gold Seal Quality Care designation under
2011	s. 402.281; or
2012	3.  Be licensed under s. 402.305, s. 402.313, or s.
2013	402.3131 and demonstrate, before delivering the Voluntary
2014	Prekindergarten Education Program, as verified by the Agency for
2015	Workforce Innovation early learning coalition, that the provider
2016	meets each of the requirements of the program under this part,
2017	including, but not limited to, the requirements for credentials
2018	and background screenings of prekindergarten instructors under
2019	paragraphs (c) and (d), minimum and maximum class sizes under
2020	paragraph (f), prekindergarten director credentials under
2021	paragraph (g), and a developmentally appropriate curriculum
2022	under s. 1002.67(2)(b).
2023	(h)  The private prekindergarten provider must register
2024	with the Agency for Workforce Innovation early learning
2025	coalition on forms prescribed by the agency for Workforce
2026	Innovation.
2027	Section 33.  Paragraph (b) of subsection (1) and subsection
2028	(8) of section 1002.61, Florida Statutes, are amended to read:
2029	1002.61  Summer prekindergarten program delivered by public
2030	schools and private prekindergarten providers.--
2031	(1)
2032	(b)  The Agency for Workforce Innovation Each early
2033	learning coalition shall administer the Voluntary
2034	Prekindergarten Education Program at the county or regional
2035	level for students enrolled under s. 1002.53(3)(b) in a summer
2036	prekindergarten program delivered by a private prekindergarten
2037	provider.
2038	(8)  Each public school delivering the summer
2039	prekindergarten program must also:
2040	(a)  Register with the Agency for Workforce Innovation
2041	early learning coalition on forms prescribed by the agency for
2042	Workforce Innovation; and
2043	(b)  Deliver the Voluntary Prekindergarten Education
2044	Program in accordance with this part.
2045	Section 34.  Subsection (9) of section 1002.63, Florida
2046	Statutes, is amended to read:
2047	1002.63  School-year prekindergarten program delivered by
2048	public schools.--
2049	(9)  Each public school delivering the school-year
2050	prekindergarten program must:
2051	(a)  Register with the Agency for Workforce Innovation
2052	early learning coalition on forms prescribed by the agency for
2053	Workforce Innovation; and
2054	(b)  Deliver the Voluntary Prekindergarten Education
2055	Program in accordance with this part.
2056	Section 35.  Subsection (3) of section 1002.67, Florida
2057	Statutes, is amended to read:
2058	1002.67  Performance standards; curricula and
2059	accountability.--
2060	(3)(a)  The Agency for Workforce Innovation Each early
2061	learning coalition shall verify that each private
2062	prekindergarten provider delivering the Voluntary
2063	Prekindergarten Education Program within the coalition's county
2064	or multicounty region complies with this part. Each district
2065	school board shall verify that each public school delivering the
2066	program within the school district complies with this part.
2067	(b)  If a private prekindergarten provider or public school
2068	fails or refuses to comply with this part, or if a provider or
2069	school engages in misconduct, the Agency for Workforce
2070	Innovation shall require the early learning coalition to remove
2071	the provider, and the Department of Education shall require the
2072	school district to remove the school, from eligibility to
2073	deliver the Voluntary Prekindergarten Education Program and
2074	receive state funds under this part.
2075	(c)1.  If the kindergarten readiness rate of a private
2076	prekindergarten provider or public school falls below the
2077	minimum rate adopted by the State Board of Education as
2078	satisfactory under s. 1002.69(6), the Agency for Workforce
2079	Innovation early learning coalition or school district, as
2080	applicable, shall require the provider or school to submit an
2081	improvement plan for approval by the coalition or school
2082	district, as applicable, and to implement the plan.
2083	2.  If a private prekindergarten provider or public school
2084	fails to meet the minimum rate adopted by the State Board of
2085	Education as satisfactory under s. 1002.69(6) for 2 consecutive
2086	years, the Agency for Workforce Innovation early learning
2087	coalition or school district, as applicable, shall place the
2088	provider or school on probation and must require the provider or
2089	school to take certain corrective actions, including the use of
2090	a curriculum approved by the department under paragraph (2)(c).
2091	3.  A private prekindergarten provider or public school
2092	that is placed on probation must continue the corrective actions
2093	required under subparagraph 2., including the use of a
2094	curriculum approved by the department, until the provider or
2095	school meets the minimum rate adopted by the State Board of
2096	Education as satisfactory under s. 1002.69(6).
2097	4.  If a private prekindergarten provider or public school
2098	remains on probation for 2 consecutive years and fails to meet
2099	the minimum rate adopted by the State Board of Education as
2100	satisfactory under s. 1002.69(6), the Agency for Workforce
2101	Innovation shall remove, require the early learning coalition or
2102	the Department of Education shall require the school district,
2103	as applicable, to remove, as applicable, the provider or school
2104	from eligibility to deliver the Voluntary Prekindergarten
2105	Education Program and receive state funds for the program.
2106	(d)  Each early learning coalition, The Agency for
2107	Workforce Innovation, and the department shall coordinate with
2108	the Child Care Services Program Office of the Department of
2109	Children and Family Services to minimize interagency duplication
2110	of activities for monitoring private prekindergarten providers
2111	for compliance with requirements of the Voluntary
2112	Prekindergarten Education Program under this part, the school
2113	readiness program programs under s. 411.01, and the licensing of
2114	providers under ss. 402.301-402.319.
2115	Section 36.  Subsection (5), paragraph (b) of subsection
2116	(6), and subsection (7) of section 1002.71, Florida Statutes,
2117	are amended to read:
2118	1002.71  Funding; financial and attendance reporting.--
2119	(5)(a)  The Agency for Workforce Innovation Each early
2120	learning coalition shall maintain through the single point of
2121	entry established under s. 411.01 a current database of the
2122	students enrolled in the Voluntary Prekindergarten Education
2123	Program for each county within the coalition's region.
2124	(b)  The Agency for Workforce Innovation shall adopt
2125	procedures for the payment of private prekindergarten providers
2126	and public schools delivering the Voluntary Prekindergarten
2127	Education Program. The procedures shall provide for the advance
2128	payment of providers and schools based upon student enrollment
2129	in the program, the certification of student attendance, and the
2130	reconciliation of advance payments in accordance with the
2131	uniform attendance policy adopted under paragraph (6)(d). The
2132	procedures shall provide for the monthly distribution of funds
2133	by the Agency for Workforce Innovation to the early learning
2134	coalitions for payment by the coalitions to private
2135	prekindergarten providers and public schools. The department
2136	shall transfer to the Agency for Workforce Innovation at least
2137	once each quarter the funds available for payment to private
2138	prekindergarten providers and public schools in accordance with
2139	this paragraph from the funds appropriated for that purpose.
2140	(6)
2141	(b)1.  Each private prekindergarten provider's and district
2142	school board's attendance policy must require the parent of each
2143	student in the Voluntary Prekindergarten Education Program to
2144	verify, each month, the student's attendance on the prior
2145	month's certified student attendance.
2146	2.  The parent must submit the verification of the
2147	student's attendance to the private prekindergarten provider or
2148	public school on forms prescribed by the Agency for Workforce
2149	Innovation. The forms must include, in addition to the
2150	verification of the student's attendance, a certification, in
2151	substantially the following form, that the parent continues to
2152	choose the private prekindergarten provider or public school in
2153	accordance with s. 1002.53 and directs that payments for the
2154	program be made to the provider or school:
2155
2156	VERIFICATION OF STUDENT'S ATTENDANCE
2157	AND CERTIFICATION OF PARENTAL CHOICE
2158
2159	I,   (Name of Parent)  , swear (or affirm) that my child,
2160	(Name of Student)  , attended the Voluntary Prekindergarten
2161	Education Program on the days listed above and certify that I
2162	continue to choose   (Name of Provider or School)   to deliver
2163	the program for my child and direct that program funds be paid
2164	to the provider or school for my child.
2165	(Signature of Parent)
2166	(Date)
2167
2168	3.  The private prekindergarten provider or public school
2169	must keep each original signed form for at least 2 years. Each
2170	private prekindergarten provider must permit the Agency for
2171	Workforce Innovation early learning coalition, and each public
2172	school must permit the school district, to inspect the original
2173	signed forms during normal business hours. The Agency for
2174	Workforce Innovation shall adopt procedures for the agency early
2175	learning coalitions and school districts to review the original
2176	signed forms against the certified student attendance. The
2177	review procedures shall provide for the use of selective
2178	inspection techniques, including, but not limited to, random
2179	sampling. The Agency for Workforce Innovation Each early
2180	learning coalition and the school districts district must comply
2181	with the review procedures.
2182	(7)  The Agency for Workforce Innovation shall require that
2183	administrative expenditures be kept to the minimum necessary for
2184	efficient and effective administration of the Voluntary
2185	Prekindergarten Education Program. Each early learning coalition
2186	may retain and expend no more than 5 percent of the funds paid
2187	by the coalition to private prekindergarten providers and public
2188	schools under paragraph (5)(b). Funds retained by an early
2189	learning coalition under this subsection may be used only for
2190	administering the Voluntary Prekindergarten Education Program
2191	and may not be used for the school readiness program or other
2192	programs.
2193	Section 37.  Effective July 1, 2010, subsection (1) and
2194	paragraph (g) of subsection (3) of section 1002.72, Florida
2195	Statutes, are amended to read:
2196	1002.72  Records of children in the Voluntary
2197	Prekindergarten Education Program.--
2198	(1)  The individual records of a child enrolled in the
2199	Voluntary Prekindergarten Education Program held by a former an
2200	early learning coalition, the Agency for Workforce Innovation,
2201	or a Voluntary Prekindergarten Education Program provider are
2202	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
2203	of the State Constitution. For purposes of this section, such
2204	records include assessment data, health data, records of teacher
2205	observations, and personal identifying information of an
2206	enrolled child and his or her parent. This exemption applies to
2207	individual records of a child enrolled in the Voluntary
2208	Prekindergarten Education Program held by a former an early
2209	learning coalition, the Agency for Workforce Innovation, or a
2210	Voluntary Prekindergarten Education Program provider before, on,
2211	or after the effective date of this exemption.
2212	(3)  Confidential and exempt Voluntary Prekindergarten
2213	Education Program records may be released to:
2214	(g)  Parties to an interagency agreement among early
2215	learning coalitions, local governmental agencies, Voluntary
2216	Prekindergarten Education Program providers, or state agencies
2217	for the purpose of implementing the Voluntary Prekindergarten
2218	Education Program.
2219
2220	Agencies, organizations, or individuals receiving such
2221	confidential and exempt records in order to carry out their
2222	official functions must protect the records in a manner that
2223	will not permit the personal identification of an enrolled child
2224	or his or her parent by persons other than those authorized to
2225	receive the records.
2226	Section 38.  Section 1002.75, Florida Statutes, is amended
2227	to read:
2228	1002.75  Agency for Workforce Innovation; powers and
2229	duties; operational requirements.--
2230	(1)  The Agency for Workforce Innovation shall administer
2231	the operational requirements of the Voluntary Prekindergarten
2232	Education Program at the state level.
2233	(2)  The Agency for Workforce Innovation shall adopt
2234	procedures governing the administration of the Voluntary
2235	Prekindergarten Education Program by the agency early learning
2236	coalitions and the school districts for:
2237	(a)  Enrolling children in and determining the eligibility
2238	of children for the Voluntary Prekindergarten Education Program
2239	under s. 1002.53.
2240	(b)  Providing parents with profiles of private
2241	prekindergarten providers and public schools under s. 1002.53.
2242	(c)  Registering private prekindergarten providers and
2243	public schools to deliver the program under ss. 1002.55,
2244	1002.61, and 1002.63.
2245	(d)  Determining the eligibility of private prekindergarten
2246	providers to deliver the program under ss. 1002.55 and 1002.61.
2247	(e)  Verifying the compliance of private prekindergarten
2248	providers and public schools and removing providers or schools
2249	from eligibility to deliver the program due to noncompliance or
2250	misconduct as provided in s. 1002.67.
2251	(f)  Paying private prekindergarten providers and public
2252	schools under s. 1002.71.
2253	(g)  Documenting and certifying student enrollment and
2254	student attendance under s. 1002.71.
2255	(h)  Reconciling advance payments in accordance with the
2256	uniform attendance policy under s. 1002.71.
2257	(i)  Reenrolling students dismissed by a private
2258	prekindergarten provider or public school for noncompliance with
2259	the provider's or school district's attendance policy under s.
2260	1002.71.
2261	(3)  The Agency for Workforce Innovation shall adopt, in
2262	consultation with and subject to approval by the department,
2263	procedures governing the administration of the Voluntary
2264	Prekindergarten Education Program by the agency early learning
2265	coalitions and the school districts for:
2266	(a)  Approving improvement plans of private prekindergarten
2267	providers and public schools under s. 1002.67.
2268	(b)  Placing private prekindergarten providers and public
2269	schools on probation and requiring corrective actions under s.
2270	1002.67.
2271	(c)  Removing a private prekindergarten provider or public
2272	school from eligibility to deliver the program due to the
2273	provider's or school's remaining on probation beyond the time
2274	permitted under s. 1002.67.
2275	(4)  The Agency for Workforce Innovation shall also adopt
2276	procedures for the agency's distribution of funds to early
2277	learning coalitions under s. 1002.71.
2278	(5)  Except as provided by law, the Agency for Workforce
2279	Innovation may not impose requirements on a private
2280	prekindergarten provider or public school that does not deliver
2281	the Voluntary Prekindergarten Education Program or receive state
2282	funds under this part.
2283	(6)  The Agency for Workforce Innovation may contract with
2284	one or more qualified entities to administer this part.
2285	Section 39.  Paragraph (c) of subsection (3) of section
2286	1003.54, Florida Statutes, is amended to read:
2287	1003.54  Teenage parent programs.--
2288	(3)
2289	(c)  Provision for necessary child care, health care,
2290	social services, parent education, and transportation shall be
2291	ancillary service components of teenage parent programs.
2292	Ancillary services may be provided through the coordination of
2293	existing programs and services and through joint agreements
2294	between district school boards and the Agency for Workforce
2295	Innovation early learning coalitions or other appropriate public
2296	and private providers.
2297	Section 40.  Subsection (4) of section 1006.03, Florida
2298	Statutes, is amended to read:
2299	1006.03  Diagnostic and learning resource centers.--
2300	(4)  Diagnostic and learning resource centers may assist
2301	districts in providing testing and evaluation services for
2302	infants and preschool children with or at risk of developing
2303	disabilities, and may assist districts in providing
2304	interdisciplinary training and resources to parents of infants
2305	and preschool children with or at risk of developing
2306	disabilities and to the school readiness program programs.
2307	Section 41.  Paragraph (b) of subsection (4) of section
2308	1009.64, Florida Statutes, is amended to read:
2309	1009.64  Certified Education Paraprofessional Welfare
2310	Transition Program.--
2311	(4)  The agencies shall complete an implementation plan
2312	that addresses at least the following recommended components of
2313	the program:
2314	(b)  A budget for use of incentive funding to provide
2315	motivation to participants to succeed and excel. The budget for
2316	incentive funding includes:
2317	1.  Funds allocated by the Legislature directly for the
2318	program.
2319	2.  Funds that may be made available from the federal
2320	Workforce Investment Act based on client eligibility or
2321	requested waivers to make the clients eligible.
2322	3.  Funds made available by implementation strategies that
2323	would make maximum use of work supplementation funds authorized
2324	by federal law.
2325	4.  Funds authorized by strategies to lengthen
2326	participants' eligibility for federal programs such as Medicaid,
2327	subsidized child care services, and transportation.
2328
2329	Incentives may include a stipend during periods of college
2330	classroom training, a bonus and recognition for a high grade-
2331	point average, child care and prekindergarten services for
2332	children of participants, and services to increase a
2333	participant's ability to advance to higher levels of employment.
2334	Nonfinancial incentives should include providing a mentor or
2335	tutor, and service incentives should continue and increase for
2336	any participant who plans to complete the baccalaureate degree
2337	and become a certified teacher. Services may be provided in
2338	accordance with family choice by community colleges and school
2339	district career centers, through family service centers and
2340	full-service schools, or under contract with providers through
2341	central agencies.
2342	Section 42.  Sections 402.3135, 402.3145, and 1002.77,
2343	Florida Statutes, are repealed.
2344	Section 43.  Section 402.3016, Florida Statutes, is
2345	transferred and renumbered as section 411.0104, Florida
2346	Statutes.
2347	Section 44.  Except as otherwise expressly provided in this
2348	act, this act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.