CS/HB 1203

1	A bill to be entitled
2	An act relating to early learning; amending s. 39.0121,
3	F.S.; deleting an obsolete reference to the repealed
4	subsidized child care program; amending s. 39.202, F.S.;
5	replacing an obsolete reference to a repealed program with
6	an updated reference to the school readiness program;
7	authorizing county agencies responsible for licensure or
8	approval of child care providers to be granted access to
9	certain confidential reports and records in cases of child
10	abuse or neglect; amending s. 39.5085, F.S.; deleting an
11	obsolete reference to a repealed program; amending s.
12	383.14, F.S.; replacing obsolete references to the former
13	State Coordinating Council for School Readiness Programs
14	with updated references to the Agency for Workforce
15	Innovation; transferring, renumbering, and amending s.
16	402.25, F.S.; updating an obsolete reference to a repealed
17	program; deleting obsolete references relating to the
18	repealed prekindergarten early intervention program and
19	Florida First Start Program; amending s. 402.26, F.S.;
20	revising legislative intent; updating an obsolete
21	reference to a repealed program; amending s. 402.281,
22	F.S.; updating an obsolete reference to a former council;
23	requiring that the Department of Children and Family
24	Services consult with the Agency for Workforce Innovation
25	regarding the approval of accrediting associations for the
26	Gold Seal Quality Care program; transferring and
27	renumbering s. 402.3016, F.S., relating to Early Head
28	Start collaboration grants; transferring, renumbering, and
29	amending s. 402.3018, F.S.; transferring administration of
30	the statewide toll-free Warm-Line from the department to
31	the agency; conforming provisions; transferring,
32	renumbering, and amending s. 402.3051, F.S.; revising
33	procedures for child care market rate reimbursement and
34	child care grants; transferring authority to establish the
35	procedures from the department to the agency; directing
36	the agency to adopt a prevailing market rate schedule for
37	child care services; revising definitions; authorizing the
38	agency to enter into contracts and adopt rules; amending
39	s. 402.313, F.S.; deleting obsolete provisions authorizing
40	the department to license family day care homes
41	participating in a repealed program; repealing s.
42	402.3135, F.S., relating to the subsidized child care
43	program case management program; transferring,
44	renumbering, and amending s. 402.3145, F.S.; transferring
45	administration of certain transportation services for
46	children at risk of abuse or neglect from the department
47	to the agency; revising requirements for the provision of
48	such transportation services; amending s. 402.315, F.S.;
49	revising provisions relating to fees collected for child
50	care facilities; amending s. 402.45, F.S.; updating an
51	obsolete reference relating to a former council; directing
52	the Department of Health to consult with the agency
53	regarding certain training provided for contractors of the
54	community resource mother or father program; amending s.
55	409.1671, F.S.; clarifying that a licensed foster home may
56	be dually licensed as a family day care home or large
57	family child care home and receive certain payments for
58	the same child; deleting an obsolete reference to a
59	repealed program; amending s. 411.01, F.S.; revising
60	provisions relating to the School Readiness Act; revising
61	legislative intent; revising the duties and
62	responsibilities of the Agency for Workforce Innovation;
63	revising provisions for school readiness plans; specifying
64	that certain program providers' compliance with licensing
65	standards satisfies certain health screening requirements;
66	requiring early learning coalitions to maintain certain
67	direct enhancement services; deleting obsolete provisions
68	relating to the merger of early learning coalitions;
69	revising provisions for the membership of early learning
70	coalitions and the voting privileges of such members;
71	revising requirements for parental choice; directing the
72	agency to establish a formula for allocating school
73	readiness funds to each county; providing for legislative
74	notice and review of the formula; amending s. 411.0101,
75	F.S.; revising requirements for services provided by the
76	statewide child care resource and referral network;
77	updating obsolete references to repealed programs;
78	amending s. 411.0102, F.S.; revising provisions relating
79	to the Child Care Executive Partnership Act; updating
80	obsolete references to repealed programs; deleting
81	provisions relating to the duties of each early coalition
82	board; amending s. 411.203, F.S.; deleting an obsolete
83	reference to a repealed program; conforming provisions;
84	amending s. 411.221, F.S.; updating an obsolete reference
85	to a former council; amending ss. 445.024, 445.030,
86	490.014, and 491.014, F.S.; deleting obsolete references
87	to repealed programs; conforming provisions to the repeal
88	of the subsidized child care case management program;
89	amending ss. 1002.53, 1002.55, 1002.67, and 1002.71, F.S.;
90	revising provisions relating to the eligibility
91	requirements for private prekindergarten providers;
92	conforming provisions to changes made by the act; amending
93	s. 1002.69, F.S.; authorizing the State Board of Education
94	to grant good cause exemptions from private
95	prekindergarten providers' and private schools'
96	ineligibility to deliver the Voluntary Prekindergarten
97	Education Program under certain circumstances; amending s.
98	1002.73, F.S.; authorizing the Department of Education to
99	adopt procedures for the granting of good cause
100	exemptions; amending s. 1009.64, F.S.; deleting an
101	obsolete reference to a repealed program; providing an
102	effective date.
103
104	Be It Enacted by the Legislature of the State of Florida:
105
106	Section 1.  Subsection (7) of section 39.0121, Florida
107	Statutes, is amended to read:
108	39.0121  Specific rulemaking authority.-Pursuant to the
109	requirements of s. 120.536, the department is specifically
110	authorized to adopt, amend, and repeal administrative rules
111	which implement or interpret law or policy, or describe the
112	procedure and practice requirements necessary to implement this
113	chapter, including, but not limited to, the following:
114	(7)  Federal funding requirements and procedures; foster
115	care and adoption subsidies; and subsidized independent living;
116	and subsidized child care.
117	Section 2.  Paragraph (a) of subsection (2) of section
118	39.202, Florida Statutes, is amended to read:
119	39.202  Confidentiality of reports and records in cases of
120	child abuse or neglect.-
121	(2)  Except as provided in subsection (4), access to such
122	records, excluding the name of the reporter which shall be
123	released only as provided in subsection (5), shall be granted
124	only to the following persons, officials, and agencies:
125	(a)  Employees, authorized agents, or contract providers of
126	the department, the Department of Health, the Agency for Persons
127	with Disabilities, or county agencies responsible for carrying
128	out:
129	1.  Child or adult protective investigations;
130	2.  Ongoing child or adult protective services;
131	3.  Early intervention and prevention services;
132	4.  Healthy Start services;
133	5.  Licensure or approval of adoptive homes, foster homes,
134	child care facilities, facilities licensed under chapter 393, or
135	family day care homes or informal child care providers who
136	receive school readiness subsidized child care funding, or other
137	homes used to provide for the care and welfare of children; or
138	6.  Services for victims of domestic violence when provided
139	by certified domestic violence centers working at the
140	department's request as case consultants or with shared clients.
141
142	Also, employees or agents of the Department of Juvenile Justice
143	responsible for the provision of services to children, pursuant
144	to chapters 984 and 985.
145	Section 3.  Paragraph (f) of subsection (2) of section
146	39.5085, Florida Statutes, is amended to read:
147	39.5085  Relative Caregiver Program.-
148	(2)
149	(f)  Within available funding, the Relative Caregiver
150	Program shall provide relative caregivers with family support
151	and preservation services, flexible funds in accordance with s.
152	409.165, school readiness subsidized child care, and other
153	available services in order to support the child's safety,
154	growth, and healthy development. Children living with relative
155	caregivers who are receiving assistance under this section shall
156	be eligible for Medicaid coverage.
157	Section 4.  Paragraph (b) of subsection (1) and subsection
158	(2) of section 383.14, Florida Statutes, are amended to read:
159	383.14  Screening for metabolic disorders, other hereditary
160	and congenital disorders, and environmental risk factors.-
161	(1)  SCREENING REQUIREMENTS.-To help ensure access to the
162	maternal and child health care system, the Department of Health
163	shall promote the screening of all newborns born in Florida for
164	metabolic, hereditary, and congenital disorders known to result
165	in significant impairment of health or intellect, as screening
166	programs accepted by current medical practice become available
167	and practical in the judgment of the department. The department
168	shall also promote the identification and screening of all
169	newborns in this state and their families for environmental risk
170	factors such as low income, poor education, maternal and family
171	stress, emotional instability, substance abuse, and other high-
172	risk conditions associated with increased risk of infant
173	mortality and morbidity to provide early intervention,
174	remediation, and prevention services, including, but not limited
175	to, parent support and training programs, home visitation, and
176	case management. Identification, perinatal screening, and
177	intervention efforts shall begin prior to and immediately
178	following the birth of the child by the attending health care
179	provider. Such efforts shall be conducted in hospitals,
180	perinatal centers, county health departments, school health
181	programs that provide prenatal care, and birthing centers, and
182	reported to the Office of Vital Statistics.
183	(b)  Postnatal screening.-A risk factor analysis using the
184	department's designated risk assessment instrument shall also be
185	conducted as part of the medical screening process upon the
186	birth of a child and submitted to the department's Office of
187	Vital Statistics for recording and other purposes provided for
188	in this chapter. The department's screening process for risk
189	assessment shall include a scoring mechanism and procedures that
190	establish thresholds for notification, further assessment,
191	referral, and eligibility for services by professionals or
192	paraprofessionals consistent with the level of risk. Procedures
193	for developing and using the screening instrument, notification,
194	referral, and care coordination services, reporting
195	requirements, management information, and maintenance of a
196	computer-driven registry in the Office of Vital Statistics which
197	ensures privacy safeguards must be consistent with the
198	provisions and plans established under chapter 411, Pub. L. No.
199	99-457, and this chapter. Procedures established for reporting
200	information and maintaining a confidential registry must include
201	a mechanism for a centralized information depository at the
202	state and county levels. The department shall coordinate with
203	existing risk assessment systems and information registries. The
204	department must ensure, to the maximum extent possible, that the
205	screening information registry is integrated with the
206	department's automated data systems, including the Florida On-
207	line Recipient Integrated Data Access (FLORIDA) system. Tests
208	and screenings must be performed by the State Public Health
209	Laboratory, in coordination with Children's Medical Services, at
210	such times and in such manner as is prescribed by the department
211	after consultation with the Genetics and Infant Screening
212	Advisory Council and the Agency for Workforce Innovation State
213	Coordinating Council for School Readiness Programs.
214	(2)  RULES.-After consultation with the Genetics and
215	Newborn Screening Advisory Council, the department shall adopt
216	and enforce rules requiring that every newborn in this state
217	shall, prior to becoming 1 week of age, be subjected to a test
218	for phenylketonuria and, at the appropriate age, be tested for
219	such other metabolic diseases and hereditary or congenital
220	disorders as the department may deem necessary from time to
221	time. After consultation with the Agency for Workforce
222	Innovation State Coordinating Council for School Readiness
223	Programs, the department shall also adopt and enforce rules
224	requiring every newborn in this state to be screened for
225	environmental risk factors that place children and their
226	families at risk for increased morbidity, mortality, and other
227	negative outcomes. The department shall adopt such additional
228	rules as are found necessary for the administration of this
229	section and s. 383.145, including rules providing definitions of
230	terms, rules relating to the methods used and time or times for
231	testing as accepted medical practice indicates, rules relating
232	to charging and collecting fees for the administration of the
233	newborn screening program authorized by this section, rules for
234	processing requests and releasing test and screening results,
235	and rules requiring mandatory reporting of the results of tests
236	and screenings for these conditions to the department.
237	Section 5.  Section 402.25, Florida Statutes, is
238	transferred, renumbered as section 411.0106, Florida Statutes,
239	and amended to read:
240	411.0106 402.25  Infants and toddlers in state-funded
241	education and care programs; brain development activities.-Each
242	state-funded education and care program for children from birth
243	to 5 years of age must provide activities to foster brain
244	development in infants and toddlers. A program must provide an
245	environment that helps children attain the performance standards
246	adopted by the Agency for Workforce Innovation under s.
247	411.01(4)(d)8. and must be rich in language and music and filled
248	with objects of various colors, shapes, textures, and sizes to
249	stimulate visual, tactile, auditory, and linguistic senses in
250	the children and must include classical music and at least 30
251	minutes of reading to the children each day. A program may be
252	offered through an existing early childhood program such as
253	Healthy Start, the Title I program, the school readiness program
254	contracted or directly operated subsidized child care, the
255	prekindergarten early intervention program, Florida First Start,
256	the Head Start program, or a private child care program. A
257	program must provide training for the infants' and toddlers'
258	parents including direct dialogue and interaction between
259	teachers and parents demonstrating the urgency of brain
260	development in the first year of a child's life. Family day care
261	centers are encouraged, but not required, to comply with this
262	section.
263	Section 6.  Subsection (5) of section 402.26, Florida
264	Statutes, is amended to read:
265	402.26  Child care; legislative intent.-
266	(5)  It is the further intent of the Legislature to provide
267	and make accessible child care opportunities for children at
268	risk, economically disadvantaged children, and other children
269	traditionally disenfranchised from society. In achieving this
270	intent, the Legislature shall develop a school readiness program
271	subsidized child care system, a range of child care options,
272	support services, and linkages with other programs to fully meet
273	the child care needs of this population.
274	Section 7.  Subsection (2) of section 402.281, Florida
275	Statutes, is amended to read:
276	402.281  Gold Seal Quality Care program.-
277	(2)  In developing the Gold Seal Quality Care program
278	standards, the department shall consult with the Department of
279	Education, the Agency for Workforce Innovation, the Florida Head
280	Start Directors Association, the Florida Association of Child
281	Care Management, the Florida Family Day Care Association, the
282	Florida Children's Forum, the State Coordinating Council for
283	School Readiness Programs, the Early Childhood Association of
284	Florida, the National Association for Child Development
285	Education Alliance, providers receiving exemptions under s.
286	402.316, and parents, for the purpose of approving the
287	accrediting associations.
288	Section 8.  Section 402.3016, Florida Statutes, is
289	transferred and renumbered as section 411.0104, Florida
290	Statutes.
291	Section 9.  Section 402.3018, Florida Statutes, is
292	transferred, renumbered as section 411.01015, Florida Statutes,
293	and amended to read:
294	411.01015 402.3018  Consultation to child care centers and
295	family day care homes regarding health, developmental,
296	disability, and special needs issues.-
297	(1)  Contingent upon specific appropriations, the Agency
298	for Workforce Innovation shall administer department is directed
299	to contract with the statewide resource information and referral
300	agency for a statewide toll-free Warm-Line for the purpose of
301	providing assistance and consultation to child care centers and
302	family day care homes regarding health, developmental,
303	disability, and special needs issues of the children they are
304	serving, particularly children with disabilities and other
305	special needs.
306	(2)  The purpose of the Warm-Line is to provide advice to
307	child care personnel concerning strategies, curriculum, and
308	environmental adaptations that allow a child with a disability
309	or special need to derive maximum benefit from the child care
310	services experience.
311	(3)  The Agency for Workforce Innovation department shall
312	annually inform child care centers and family day care homes of
313	the availability of this service through the child care resource
314	and referral network under s. 411.0101, on an annual basis.
315	(4)  Contingent upon specific appropriations, the Agency
316	for Workforce Innovation department shall expand, or contract
317	for the expansion of, the Warm-Line to maintain at least one
318	Warm-Line site in each early learning coalition service area
319	from one statewide site to one Warm-Line site in each child care
320	resource and referral agency region.
321	(5)  Each regional Warm-Line shall provide assistance and
322	consultation to child care centers and family day care homes
323	regarding health, developmental, disability, and special needs
324	issues of the children they are serving, particularly children
325	with disabilities and other special needs. Regional Warm-Line
326	staff shall provide onsite technical assistance, when requested,
327	to assist child care centers and family day care homes with
328	inquiries relative to the strategies, curriculum, and
329	environmental adaptations the child care centers and family day
330	care homes may need as they serve children with disabilities and
331	other special needs.
332	Section 10.  Section 402.3051, Florida Statutes, is
333	transferred, renumbered as section 411.01013, Florida Statutes,
334	and amended to read:
335	(Substantial rewording of section. See
336	s. 402.3051, F.S., for present text.)
337	411.01013  Prevailing market rate schedule.-
338	(1)  As used in this section, the term:
339	(a)  "Market rate" means the price that a child care
340	provider charges for daily, weekly, or monthly child care
341	services.
342	(b)  "Prevailing market rate" means the annually determined
343	75th percentile of a reasonable frequency distribution of the
344	market rate in a predetermined geographic market at which child
345	care providers charge a person for child care services.
346	(2)  The Agency for Workforce Innovation shall establish
347	procedures for the adoption of a prevailing market rate
348	schedule. The schedule must include, at a minimum, county-by-
349	county rates:
350	(a)  At the prevailing market rate, plus the maximum rate,
351	for child care providers that hold a Gold Seal Quality Care
352	designation under s. 402.281.
353	(b)  At the prevailing market rate for child care providers
354	that do not hold a Gold Seal Quality Care designation.
355	(3)  The prevailing market rate schedule, at a minimum,
356	must:
357	(a)  Differentiate rates by type, including, but not
358	limited to, a child care provider that holds a Gold Seal Quality
359	Care designation under s. 402.281, a child care facility
360	licensed under s. 402.305, a public or nonpublic school exempt
361	from licensure under s. 402.3025, a faith-based child care
362	facility exempt from licensure under s. 402.316 that does not
363	hold a Gold Seal Quality Care designation, a large family child
364	care home licensed under s. 402.3131, a family day care home
365	licensed or registered under s. 402.313, or an after-school
366	program that is not defined as child care under rules adopted
367	pursuant to s. 402.3045.
368	(b)  Differentiate rates by the type of child care services
369	provided for children with special needs or risk categories,
370	infants, toddlers, preschool-age children, and school-age
371	children.
372	(c)  Differentiate rates between full-time and part-time
373	child care services.
374	(d)  Consider discounted rates for child care services for
375	multiple children in a single family.
376	(4)  The prevailing market rate schedule must be based
377	exclusively on the prices charged for child care services. If a
378	conflict exists between this subsection and federal
379	requirements, the federal requirements shall control.
380	(5)  The Agency for Workforce Innovation may contract with
381	one or more qualified entities to administer this section and
382	provide support and technical assistance for child care
383	providers.
384	(6)  The Agency for Workforce Innovation may adopt rules
385	pursuant to ss. 120.536(1) and 120.54 to administer this
386	section.
387	Section 11.  Subsection (1) of section 402.313, Florida
388	Statutes, is amended to read:
389	402.313  Family day care homes.-
390	(1)  Family day care homes shall be licensed under this act
391	if they are presently being licensed under an existing county
392	licensing ordinance, if they are participating in the subsidized
393	child care program, or if the board of county commissioners
394	passes a resolution that family day care homes be licensed. If
395	no county authority exists for the licensing of a family day
396	care home, the department shall have the authority to license
397	family day care homes under contract for the purchase-of-service
398	system in the subsidized child care program.
399	(a)  If not subject to license, family day care homes shall
400	register annually with the department, providing the following
401	information:
402	1.  The name and address of the home.
403	2.  The name of the operator.
404	3.  The number of children served.
405	4.  Proof of a written plan to provide at least one other
406	competent adult to be available to substitute for the operator
407	in an emergency. This plan shall include the name, address, and
408	telephone number of the designated substitute.
409	5.  Proof of screening and background checks.
410	6.  Proof of successful completion of the 30-hour training
411	course, as evidenced by passage of a competency examination,
412	which shall include:
413	a.  State and local rules and regulations that govern child
414	care.
415	b.  Health, safety, and nutrition.
416	c.  Identifying and reporting child abuse and neglect.
417	d.  Child development, including typical and atypical
418	language development; and cognitive, motor, social, and self-
419	help skills development.
420	e.  Observation of developmental behaviors, including using
421	a checklist or other similar observation tools and techniques to
422	determine a child's developmental level.
423	f.  Specialized areas, including early literacy and
424	language development of children from birth to 5 years of age,
425	as determined by the department, for owner-operators of family
426	day care homes.
427	7.  Proof that immunization records are kept current.
428	8.  Proof of completion of the required continuing
429	education units or clock hours.
430	(b)  A family day care home not participating in the
431	subsidized child care program may volunteer to be licensed under
432	the provisions of this act.
433	(c)  The department may provide technical assistance to
434	counties and family day care home providers to enable counties
435	and family day care providers to achieve compliance with family
436	day care homes standards.
437	Section 12.  Section 402.3135, Florida Statutes, is
438	repealed.
439	Section 13.  Section 402.3145, Florida Statutes, is
440	transferred, renumbered as section 411.01014, Florida Statutes,
441	and amended to read:
442	411.01014 402.3145  School readiness Subsidized child care
443	transportation services program.-
444	(1)  The Agency for Workforce Innovation department,
445	pursuant to chapter 427, shall establish school readiness a
446	subsidized child care transportation services system for
447	children at risk of abuse or neglect participating in the school
448	readiness subsidized child care program. The early learning
449	coalitions may state community child care coordination agencies
450	shall contract for the provision of transportation services as
451	required by this section.
452	(2)  The transportation servicers may only system shall
453	provide transportation to each child participating in the school
454	readiness program to the extent that such subsidized child care
455	when, and only when, transportation is necessary to provide
456	child care opportunities that which otherwise would not be
457	available to a child whose home is more than a reasonable
458	walking distance from the nearest child care facility or family
459	day care home.
460	Section 14.  Subsection (3) of section 402.315, Florida
461	Statutes, is amended to read:
462	402.315  Funding; license fees.-
463	(3)  The department shall collect a fee for any license it
464	issues for a child care facility, family day care home, or large
465	family child care home pursuant to ss. 402.305, 402.313, and
466	402.3131 s. 402.308.
467	(a)  For a child care facility licensed pursuant to s.
468	402.305, such fee shall be $1 per child based on the licensed
469	capacity of the facility, except that the minimum fee shall be
470	$25 per facility center and the maximum fee shall be $100 per
471	facility center.
472	(b)  For a family day care home registered pursuant to s.
473	402.313, such fee shall be $25.
474	(c)  For a family day care home licensed pursuant to s.
475	402.313, such fee shall be $50.
476	(d)  For a large family child care home licensed pursuant
477	to s. 402.3131, such fee shall be $60.
478	Section 15.  Subsection (6) of section 402.45, Florida
479	Statutes, is amended to read:
480	402.45  Community resource mother or father program.-
481	(6)  Individuals under contract to provide community
482	resource mother or father services shall participate in
483	preservice and ongoing training as determined by the Department
484	of Health in consultation with the Agency for Workforce
485	Innovation State Coordinating Council for School Readiness
486	Programs. A community resource mother or father shall not be
487	assigned a client caseload until all preservice training
488	requirements are completed.
489	Section 16.  Paragraph (c) of subsection (5) of section
490	409.1671, Florida Statutes, is amended to read:
491	409.1671  Foster care and related services; outsourcing.-
492	(5)
493	(c)  A foster home dually licensed home under s. 409.175
494	may this section shall be dually licensed as a family day care
495	home or large family child care home under chapter 402 and may
496	eligible to receive a foster care maintenance both an out-of-
497	home care payment and, to the extent permitted under federal
498	law, school readiness funding a subsidized child care payment
499	for the same child pursuant to federal law. The department may
500	adopt administrative rules necessary to administer this
501	paragraph.
502	Section 17.  Paragraphs (a), (d), (e), (f), (g), and (h) of
503	subsection (2) and subsections (4) through (11) of section
504	411.01, Florida Statutes, are amended to read:
505	411.01  School readiness programs; early learning
506	coalitions.-
507	(2)  LEGISLATIVE INTENT.-
508	(a)  The Legislature recognizes that school readiness
509	programs increase children's chances of achieving future
510	educational success and becoming productive members of society.
511	It is the intent of the Legislature that the programs be
512	developmentally appropriate, research-based, involve the parent
513	parents as a their child's first teacher, serve as preventive
514	measures for children at risk of future school failure, enhance
515	the educational readiness of eligible children, and support
516	family education. Each school readiness program shall provide
517	the elements necessary to prepare at-risk children for school,
518	including health screening and referral and an appropriate
519	educational program.
520	(d)  It is the intent of the Legislature that the
521	administrative staff at the state level for school readiness
522	programs be kept to the minimum necessary to administer the
523	duties of the Agency for Workforce Innovation and early learning
524	coalitions. The Agency for Workforce Innovation shall implement
525	system support services at the state level to build a
526	comprehensive early learning system, as the school readiness
527	programs are to be regionally designed, operated, and managed,
528	with the Agency for Workforce Innovation developing school
529	readiness program performance standards and outcome measures and
530	approving and reviewing early learning coalitions and school
531	readiness plans.
532	(e)  It is the intent of the Legislature that
533	appropriations for combined school readiness programs shall not
534	be less than the programs would receive in any fiscal year on an
535	uncombined basis.
536	(e)(f)  It is the intent of the Legislature that the school
537	readiness program coordinate and operate in conjunction with the
538	district school systems. However, it is also the intent of the
539	Legislature that the school readiness program not be construed
540	as part of the system of free public schools but rather as a
541	separate program for children under the age of kindergarten
542	eligibility, funded separately from the system of free public
543	schools, utilizing a mandatory sliding fee scale, and providing
544	an integrated and seamless system of school readiness services
545	for the state's birth-to-kindergarten population.
546	(g)  It is the intent of the Legislature that the federal
547	child care income tax credit be preserved for school readiness
548	programs.
549	(f)(h)  It is the intent of the Legislature that school
550	readiness services shall be an integrated and seamless program
551	system of services with a developmentally appropriate education
552	component for the state's eligible birth-to-kindergarten
553	population described in subsection (6) and shall not be
554	construed as part of the seamless K-20 education system.
555	(4)  AGENCY FOR WORKFORCE INNOVATION.-
556	(a)  The Agency for Workforce Innovation shall administer
557	school readiness programs at the state level and shall
558	coordinate with the early learning coalitions in providing
559	school readiness services on a full-day, full-year, full-choice
560	basis to the extent possible in order to enable parents to work
561	and be financially self-sufficient.
562	(b)  The Agency for Workforce Innovation shall:
563	1.  Coordinate the birth-to-kindergarten services for
564	children who are eligible under subsection (6) and the
565	programmatic, administrative, and fiscal standards under this
566	section for all public providers of school readiness programs.
567	2.  Continue to provide unified leadership for school
568	readiness through early learning coalitions.
569	2.3.  Focus on improving the educational quality of all
570	program providers participating in publicly funded school
571	readiness programs.
572	(c)  The Governor shall designate the Agency for Workforce
573	Innovation as the lead agency for purposes of administration of
574	the federal Child Care and Development Fund, 45 C.F.R. parts 98
575	and 99, and the agency for Workforce Innovation may be
576	designated by the Governor as the lead agency and, if so
577	designated, shall comply with the lead agency responsibilities
578	under federal law.
579	(d)  The Agency for Workforce Innovation shall:
580	1.  Be responsible for the prudent use of all public and
581	private funds in accordance with all legal and contractual
582	requirements.
583	2.  Provide final approval and every 2 years periodic
584	review of early learning coalitions and school readiness plans.
585	3.  Establish Provide leadership for the enhancement of
586	school readiness in this state by aggressively establishing a
587	unified approach to the state's efforts toward enhancement of
588	school readiness. In support of this effort, the Agency for
589	Workforce Innovation shall adopt may develop and implement
590	specific system support service strategies that address the
591	state's school readiness programs. An early learning coalition
592	shall amend its school readiness plan to conform to the specific
593	system support service strategies adopted by the Agency for
594	Workforce Innovation. System support services shall include, but
595	are not limited to:
596	a.  Child care resource and referral services;
597	b.  Warm-Line services;
598	c.  Eligibility determinations;
599	d.  Child performance standards;
600	e.  Child screening and assessment;
601	f.  Developmentally appropriate curricula;
602	g.  Health and safety requirements;
603	h.  Statewide data system requirements; and
604	i.  Rating and improvement systems.
605	4.  Safeguard the effective use of federal, state, local,
606	and private resources to achieve the highest possible level of
607	school readiness for the children in this state.
608	5.  Adopt a rule establishing criteria for the expenditure
609	of funds designated for the purpose of funding activities to
610	improve the quality of child care within the state in accordance
611	with s. 658G of the federal Child Care and Development Block
612	Grant Act.
613	6.5.  Provide technical assistance to early learning
614	coalitions in a manner determined by the Agency for Workforce
615	Innovation based upon information obtained by the agency from
616	various sources, including, but not limited to, public input,
617	government reports, private interest group reports, agency
618	monitoring visits, and coalition requests for service.
619	7.  In cooperation with the Department of Education and
620	early learning coalitions, coordinate with the Child Care
621	Services Program Office of the Department of Children and Family
622	Services to minimize duplicating interagency activities, health
623	and safety monitoring, and acquiring and composing data
624	pertaining to child care training and credentialing.
625	6.  Assess gaps in service.
626	7.  Provide technical assistance to counties that form a
627	multicounty region served by an early learning coalition.
628	8.  Develop and adopt performance standards and outcome
629	measures for school readiness programs. The performance
630	standards must address the age-appropriate progress of children
631	in the development of the school readiness skills required under
632	paragraph (j). The performance standards for children from birth
633	to 5 3 years of age in school readiness programs must be
634	integrated with the performance standards adopted by the
635	Department of Education for children in the Voluntary
636	Prekindergarten Education Program under s. 1002.67.
637	9.  Adopt a standard contract that must be used by the
638	coalitions when contracting with school readiness providers.
639	(e)  The Agency for Workforce Innovation may adopt rules
640	under ss. 120.536(1) and 120.54 to administer the provisions of
641	law conferring duties upon the agency, including, but not
642	limited to, rules governing the administration of system support
643	services preparation and implementation of the school readiness
644	programs system, the collection of data, the approval of early
645	learning coalitions and school readiness plans, the provision of
646	a method whereby an early learning coalition may serve two or
647	more counties, the award of incentives to early learning
648	coalitions, child performance standards, child outcome measures,
649	and the issuance of waivers, and the implementation of the
650	state's Child Care and Development Fund Plan as approved by the
651	federal Administration for Children and Families.
652	(f)  The Agency for Workforce Innovation shall have all
653	powers necessary to administer this section, including, but not
654	limited to, the power to receive and accept grants, loans, or
655	advances of funds from any public or private agency and to
656	receive and accept from any source contributions of money,
657	property, labor, or any other thing of value, to be held, used,
658	and applied for purposes of this section.
659	(g)  Except as provided by law, the Agency for Workforce
660	Innovation may not impose requirements on a child care or early
661	childhood education provider that does not deliver services
662	under the a school readiness programs program or receive state
663	or federal funds under this section.
664	(h)  The Agency for Workforce Innovation shall have a
665	budget for the school readiness programs system, which shall be
666	financed through an annual appropriation made for purposes of
667	this section in the General Appropriations Act.
668	(i)  The Agency for Workforce Innovation shall coordinate
669	the efforts toward school readiness in this state and provide
670	independent policy analyses, data analyses, and recommendations
671	to the Governor, the State Board of Education, and the
672	Legislature.
673	(j)  The Agency for Workforce Innovation shall require that
674	each early learning coalition's school readiness programs
675	program must, at a minimum, enhance the age-appropriate progress
676	of each child in attaining the performance standards adopted
677	under subparagraph (d)8. and in the development of the following
678	school readiness skills:
679	1.  Compliance with rules, limitations, and routines.
680	2.  Ability to perform tasks.
681	3.  Interactions with adults.
682	4.  Interactions with peers.
683	5.  Ability to cope with challenges.
684	6.  Self-help skills.
685	7.  Ability to express the child's needs.
686	8.  Verbal communication skills.
687	9.  Problem-solving skills.
688	10.  Following of verbal directions.
689	11.  Demonstration of curiosity, persistence, and
690	exploratory behavior.
691	12.  Interest in books and other printed materials.
692	13.  Paying attention to stories.
693	14.  Participation in art and music activities.
694	15.  Ability to identify colors, geometric shapes, letters
695	of the alphabet, numbers, and spatial and temporal
696	relationships.
697
698	Within 30 days after enrollment The Agency for Workforce
699	Innovation shall also require that, before a child is enrolled
700	in the an early learning coalition's school readiness program,
701	the early learning coalition must ensure that the program
702	provider obtains information is obtained by the coalition or the
703	school readiness provider regarding the child's immunizations,
704	physical development, and other health requirements as
705	necessary, including appropriate vision and hearing screening
706	and examinations. For a program provider licensed by the
707	Department of Children and Family Services, the provider's
708	compliance with s. 402.305(9), as verified pursuant to s.
709	402.311, shall satisfy this requirement.
710	(k)  The Agency for Workforce Innovation shall conduct
711	studies and planning activities related to the overall
712	improvement and effectiveness of the outcome measures adopted by
713	the agency for school readiness programs and the specific system
714	support service strategies to address the state's school
715	readiness programs adopted by the Agency for Workforce
716	Innovation in accordance with subparagraph (d)3.
717	(l)  The Agency for Workforce Innovation shall monitor and
718	evaluate the performance of each early learning coalition in
719	administering the school readiness program, implementing the
720	coalition's school readiness plan, and administering the
721	Voluntary Prekindergarten Education Program. These monitoring
722	and performance evaluations must include, at a minimum, onsite
723	monitoring of each coalition's finances, management, operations,
724	and programs.
725	(m)  The Agency for Workforce Innovation shall identify
726	best practices of early learning coalitions in order to improve
727	the outcomes of school readiness programs.
728	(m)(n)  The Agency for Workforce Innovation shall submit an
729	annual report of its activities conducted under this section to
730	the Governor, the executive director of the Florida Healthy Kids
731	Corporation, the President of the Senate, the Speaker of the
732	House of Representatives, and the minority leaders of both
733	houses of the Legislature. In addition, the Agency for Workforce
734	Innovation's reports and recommendations shall be made available
735	to the State Board of Education, the Florida Early Learning
736	Advisory Council and, other appropriate state agencies and
737	entities, district school boards, central agencies, and county
738	health departments. The annual report must provide an analysis
739	of school readiness activities across the state, including the
740	number of children who were served in the programs.
741	(n)(o)  The Agency for Workforce Innovation shall work with
742	the early learning coalitions to ensure availability of training
743	and support for parental increase parents' training for and
744	involvement in their children's early preschool education and to
745	provide family literacy activities and services programs.
746	(5)  CREATION OF EARLY LEARNING COALITIONS.-
747	(a)  Early learning coalitions.-
748	1.  Each early learning coalition shall maintain direct
749	enhancement services at the local level and ensure access to
750	such services in each county.
751	2.1.  The Agency for Workforce Innovation shall establish
752	the minimum number of children to be served by each early
753	learning coalition through the coalition's school readiness
754	program. The Agency for Workforce Innovation may only approve
755	school readiness plans in accordance with this minimum number.
756	The minimum number must be uniform for every early learning
757	coalition and must:
758	a.  Permit 31 30 or fewer coalitions to be established; and
759	b.  Require each coalition to serve at least 2,000 children
760	based upon the average number of all children served per month
761	through the coalition's school readiness program during the
762	previous 12 months.
763
764	The Agency for Workforce Innovation shall adopt procedures for
765	merging early learning coalitions, including procedures for the
766	consolidation of merging coalitions, and for the early
767	termination of the terms of coalition members which are
768	necessary to accomplish the mergers. Each early learning
769	coalition must comply with the merger procedures and shall be
770	organized in accordance with this subparagraph by April 1, 2005.
771	By June 30, 2005, each coalition must complete the transfer of
772	powers, duties, functions, rules, records, personnel, property,
773	and unexpended balances of appropriations, allocations, and
774	other funds to the successor coalition, if applicable.
775	3.2.  If an early learning coalition would serve fewer
776	children than the minimum number established under subparagraph
777	2. 1., the coalition must merge with another county to form a
778	multicounty coalition. The Agency for Workforce Innovation shall
779	adopt procedures for merging early learning coalitions,
780	including procedures for the consolidation of merging
781	coalitions, and for the early termination of the terms of
782	coalition members which are necessary to accomplish the mergers.
783	However, the Agency for Workforce Innovation may authorize an
784	early learning coalition to serve fewer children than the
785	minimum number established under subparagraph 1., if:
786	a.  The coalition demonstrates to the Agency for Workforce
787	Innovation that merging with another county or multicounty
788	region contiguous to the coalition would cause an extreme
789	hardship on the coalition;
790	b.  The Agency for Workforce Innovation has determined
791	during the most recent annual review of the coalition's school
792	readiness plan, or through monitoring and performance
793	evaluations conducted under paragraph (4)(l), that the coalition
794	has substantially implemented its plan and substantially met the
795	performance standards and outcome measures adopted by the
796	agency; and
797	c.  The coalition demonstrates to the Agency for Workforce
798	Innovation the coalition's ability to effectively and
799	efficiently implement the Voluntary Prekindergarten Education
800	Program.
801
802	If an early learning coalition fails or refuses to merge as
803	required by this subparagraph, the Agency for Workforce
804	Innovation may dissolve the coalition and temporarily contract
805	with a qualified entity to continue school readiness and
806	prekindergarten services in the coalition's county or
807	multicounty region until the agency reestablishes the coalition
808	and a new is reestablished through resubmission of a school
809	readiness plan is approved and approval by the agency.
810	3.  Notwithstanding the provisions of subparagraphs 1. and
811	2., the early learning coalitions in Sarasota, Osceola, and
812	Santa Rosa Counties which were in operation on January 1, 2005,
813	are established and authorized to continue operation as
814	independent coalitions, and shall not be counted within the
815	limit of 30 coalitions established in subparagraph 1.
816	4.  Each early learning coalition shall be composed of at
817	least 15 18 members but not more than 30 35 members. The Agency
818	for Workforce Innovation shall adopt standards establishing
819	within this range the minimum and maximum number of members that
820	may be appointed to an early learning coalition and procedures
821	for identifying which members have voting privileges under
822	subparagraph 6. These standards must include variations for a
823	coalition serving a multicounty region. Each early learning
824	coalition must comply with these standards.
825	5.  The Governor shall appoint the chair and two other
826	members of each early learning coalition, who must each meet the
827	same qualifications as private sector business members appointed
828	by the coalition under subparagraph 7.
829	6.  Each early learning coalition must include the
830	following member positions; however, in a multicounty coalition,
831	each ex officio member position may be filled by multiple
832	nonvoting members but no more than one voting member shall be
833	seated per member position. If an early learning coalition has
834	more than one member representing the same entity, only one of
835	such members may serve as a voting member members:
836	a.  A Department of Children and Family Services circuit
837	district administrator or his or her designee who is authorized
838	to make decisions on behalf of the department.
839	b.  A district superintendent of schools or his or her
840	designee who is authorized to make decisions on behalf of the
841	district, who shall be a nonvoting member.
842	c.  A regional workforce board executive director or his or
843	her designee.
844	d.  A county health department director or his or her
845	designee.
846	e.  A children's services council or juvenile welfare board
847	chair or executive director, if applicable, who shall be a
848	nonvoting member if the council or board is the fiscal agent of
849	the coalition or if the council or board contracts with and
850	receives funds from the coalition for any purpose other than
851	rent.
852	f.  An agency head of a local licensing agency as defined
853	in s. 402.302, where applicable.
854	g.  A president of a community college or his or her
855	designee.
856	h.  One member appointed by a board of county commissioners
857	or the governing board of a municipality.
858	i.  A central agency administrator, where applicable, who
859	shall be a nonvoting member.
860	i.j.  A Head Start director, who shall be a nonvoting
861	member.
862	j.k.  A representative of private for-profit child care
863	providers, including private for-profit family day care homes,
864	who shall be a nonvoting member.
865	k.l.  A representative of faith-based child care providers,
866	who shall be a nonvoting member.
867	l.m.  A representative of programs for children with
868	disabilities under the federal Individuals with Disabilities
869	Education Act, who shall be a nonvoting member.
870	7.  Including the members appointed by the Governor under
871	subparagraph 5., more than one-third of the members of each
872	early learning coalition must be private sector business members
873	who do not have, and none of whose relatives as defined in s.
874	112.3143 has, a substantial financial interest in the design or
875	delivery of the Voluntary Prekindergarten Education Program
876	created under part V of chapter 1002 or the coalition's school
877	readiness program. To meet this requirement an early learning
878	coalition must appoint additional members from a list of
879	nominees submitted to the coalition by a chamber of commerce or
880	economic development council within the geographic region served
881	by the coalition. The Agency for Workforce Innovation shall
882	establish criteria for appointing private sector business
883	members. These criteria must include standards for determining
884	whether a member or relative has a substantial financial
885	interest in the design or delivery of the Voluntary
886	Prekindergarten Education Program or the coalition's school
887	readiness program.
888	8.  A majority of the voting membership of an early
889	learning coalition constitutes a quorum required to conduct the
890	business of the coalition. An early learning coalition board may
891	use any method of telecommunications to conduct meetings,
892	including establishing a quorum through telecommunications,
893	provided that the public is given proper notice of a
894	telecommunications meeting and reasonable access to observe and,
895	when appropriate, participate.
896	9.  A voting member of an early learning coalition may not
897	appoint a designee to act in his or her place, except as
898	otherwise provided in this paragraph. A voting member may send a
899	representative to coalition meetings, but that representative
900	does not have voting privileges. When a district administrator
901	for the Department of Children and Family Services appoints a
902	designee to an early learning coalition, the designee is the
903	voting member of the coalition, and any individual attending in
904	the designee's place, including the district administrator, does
905	not have voting privileges.
906	10.  Each member of an early learning coalition is subject
907	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
908	112.3143(3)(a), each voting member is a local public officer who
909	must abstain from voting when a voting conflict exists.
910	11.  For purposes of tort liability, each member or
911	employee of an early learning coalition shall be governed by s.
912	768.28.
913	12.  An early learning coalition serving a multicounty
914	region must include representation from each county.
915	13.  Each early learning coalition shall establish terms
916	for all appointed members of the coalition. The terms must be
917	staggered and must be a uniform length that does not exceed 4
918	years per term. Coalition chairs shall be appointed for 4 years
919	in conjunction with their membership on the Early Learning
920	Advisory Council under s. 20.052. Appointed members may serve a
921	maximum of two consecutive terms. When a vacancy occurs in an
922	appointed position, the coalition must advertise the vacancy.
923	(b)  Limitation.-Except as provided by law, the early
924	learning coalitions may not impose requirements on a child care
925	or early childhood education provider that does not deliver
926	services under the school readiness programs or receive state,
927	federal, required maintenance of effort, or matching funds under
928	this section.
929	(b)  Program participation.-The school readiness program
930	shall be established for children from birth to the beginning of
931	the school year for which a child is eligible for admission to
932	kindergarten in a public school under s. 1003.21(1)(a)2. The
933	program shall be administered by the early learning coalition.
934	Within funding limitations, the early learning coalition, along
935	with all providers, shall make reasonable efforts to accommodate
936	the needs of children for extended-day and extended-year
937	services without compromising the quality of the program.
938	(c)  Program expectations.-
939	1.  The school readiness program must meet the following
940	expectations:
941	a.  The program must, at a minimum, enhance the age-
942	appropriate progress of each child in attaining the development
943	of the school readiness skills required under paragraph (4)(j),
944	as measured by the performance standards and outcome measures
945	adopted by the Agency for Workforce Innovation.
946	b.  The program must provide extended-day and extended-year
947	services to the maximum extent possible without compromising the
948	quality of the program to meet the needs of parents who work.
949	c.  The program There must provide a be coordinated
950	professional staff development system that supports the
951	achievement and maintenance of core competencies by school
952	readiness instructors in helping children attain the performance
953	standards and outcome measures adopted by the Agency for
954	Workforce Innovation and teaching opportunities.
955	d.  There must be expanded access to community services and
956	resources for families to help achieve economic self-
957	sufficiency.
958	e.  There must be a single point of entry and unified
959	waiting list. As used in this sub-subparagraph, the term "single
960	point of entry" means an integrated information system that
961	allows a parent to enroll his or her child in the school
962	readiness program at various locations throughout a the county
963	or multicounty region served by an early learning coalition,
964	that may allow a parent to enroll his or her child by telephone
965	or through an Internet website, and that uses a unified waiting
966	list to track eligible children waiting for enrollment in the
967	school readiness program. The Agency for Workforce Innovation
968	shall establish through technology a single statewide
969	information system that each coalition must use for the purposes
970	of managing the integrates each early learning coalition's
971	single point of entry, tracking children's progress,
972	coordinating services among stakeholders, determining
973	eligibility, tracking child attendance, and streamlining
974	administrative processes for providers and early learning
975	coalitions and each coalition must use the statewide system.
976	f.  The Agency for Workforce Innovation must consider the
977	access of eligible children to the school readiness program, as
978	demonstrated in part by waiting lists, before approving a
979	proposed increase in payment rates submitted by an early
980	learning coalition. In addition, early learning coalitions shall
981	use school readiness funds made available due to enrollment
982	shifts from school readiness programs to the Voluntary
983	Prekindergarten Education Program for increasing the number of
984	children served in school readiness programs before increasing
985	payment rates.
986	g.  There must be a community plan to address the needs of
987	all eligible children.
988	g.h.  The program must meet all state licensing guidelines,
989	where applicable.
990	h.  The program must ensure that minimum standards for
991	child discipline practices are age-appropriate. Such standards
992	must provide that children not be subjected to discipline that
993	is severe, humiliating, or frightening or discipline that is
994	associated with food, rest, or toileting. Spanking or any other
995	form of physical punishment is prohibited.
996	2.  Each The early learning coalition must implement a
997	comprehensive program of school readiness services in accordance
998	with the rules adopted by the agency which that enhance the
999	cognitive, social, and physical development of children to
1000	achieve the performance standards and outcome measures adopted
1001	by the agency for Workforce Innovation. At a minimum, these
1002	programs must contain the following system support service
1003	elements:
1004	a.  Developmentally appropriate curriculum designed to
1005	enhance the age-appropriate progress of children in attaining
1006	the performance standards adopted by the Agency for Workforce
1007	Innovation under subparagraph (4)(d)8.
1008	b.  A character development program to develop basic
1009	values.
1010	c.  An age-appropriate screening assessment of each child's
1011	development.
1012	d.  An age-appropriate assessment A pretest administered to
1013	children when they enter a program and an age-appropriate
1014	assessment a posttest administered to children when they leave
1015	the program.
1016	e.  An appropriate staff-to-children ratio, pursuant to s.
1017	402.305(4) or s. 402.302(7) or (8), as applicable, and as
1018	verified pursuant to s. 402.311.
1019	f.  A healthy and safe environment pursuant to s.
1020	401.305(5), (6), and (7), as applicable, and as verified
1021	pursuant to s. 402.311.
1022	g.  A resource and referral network established under s.
1023	411.0101 to assist parents in making an informed choice and a
1024	regional Warm-Line under s. 411.01015.
1025
1026	The Agency for Workforce Innovation, the Department of
1027	Education, and early learning coalitions shall coordinate with
1028	the Child Care Services Program Office of the Department of
1029	Children and Family Services to minimize duplicating interagency
1030	activities pertaining to acquiring and composing data for child
1031	care training and credentialing.
1032	(d)  Implementation.-
1033	1.  An early learning coalition may not implement the
1034	school readiness program until the coalition is authorized
1035	through approval of the coalition's school readiness plan by the
1036	Agency for Workforce Innovation.
1037	2.  Each early learning coalition shall coordinate with one
1038	another to implement a comprehensive program of school readiness
1039	services which enhances the cognitive, social, physical, and
1040	moral character of the children to achieve the performance
1041	standards and outcome measures and which helps families achieve
1042	economic self-sufficiency. Such program must contain, at a
1043	minimum, the following elements: develop a plan for implementing
1044	a.  Implement the school readiness program to meet the
1045	requirements of this section and the system support services,
1046	performance standards, and outcome measures adopted by the
1047	Agency for Workforce Innovation.
1048	b.  The plan must Demonstrate how the program will ensure
1049	that each 3-year-old and 4-year-old child from birth through 5
1050	years of age in a publicly funded school readiness program
1051	receives scheduled activities and instruction designed to
1052	enhance the age-appropriate progress of the children in
1053	attaining the performance standards adopted by the Agency for
1054	Workforce Innovation under subparagraph (4)(d)8.
1055	c.  Ensure that the coalition has solicited and considered
1056	comments regarding the proposed school readiness plan from the
1057	local community.
1058
1059	Before implementing the school readiness program, the early
1060	learning coalition must submit the plan to the Agency for
1061	Workforce Innovation for approval. The Agency for Workforce
1062	Innovation may approve the plan, reject the plan, or approve the
1063	plan with conditions. The Agency for Workforce Innovation shall
1064	review school readiness plans at least every 2 years annually.
1065	3.  If the Agency for Workforce Innovation determines
1066	during the annual review of school readiness plans, or through
1067	monitoring and performance evaluations conducted under paragraph
1068	(4)(l), that an early learning coalition has not substantially
1069	implemented its plan, has not substantially met the performance
1070	standards and outcome measures adopted by the agency, or has not
1071	effectively administered the school readiness program or
1072	Voluntary Prekindergarten Education Program, the Agency for
1073	Workforce Innovation may dissolve the coalition and temporarily
1074	contract with a qualified entity to continue school readiness
1075	and prekindergarten services in the coalition's county or
1076	multicounty region until the agency reestablishes the coalition
1077	and a new the coalition is reestablished through resubmission of
1078	a school readiness plan is approved in accordance with the rules
1079	adopted and approval by the agency.
1080	4.  The Agency for Workforce Innovation shall adopt rules
1081	establishing criteria for the approval of school readiness
1082	plans. The criteria must be consistent with the system support
1083	services, performance standards, and outcome measures adopted by
1084	the agency and must require each approved plan to include the
1085	following minimum standards and provisions for the school
1086	readiness program:
1087	a.  A community plan that addresses the needs of all
1088	children and providers within the coalition's county or
1089	multicounty region.
1090	b.a.  A sliding fee scale establishing a copayment for
1091	parents based upon their ability to pay, which is the same for
1092	all program providers, to be implemented and reflected in each
1093	program's budget.
1094	c.b.  A choice of settings and locations in licensed,
1095	registered, religious-exempt, or school-based programs to be
1096	provided to parents.
1097	c.  Instructional staff who have completed the training
1098	course as required in s. 402.305(2)(d)1., as well as staff who
1099	have additional training or credentials as required by the
1100	Agency for Workforce Innovation. The plan must provide a method
1101	for assuring the qualifications of all personnel in all program
1102	settings.
1103	d.  Specific eligibility priorities for children within the
1104	early learning coalition's county or multicounty region in
1105	accordance with subsection (6).
1106	e.  Performance standards and outcome measures adopted by
1107	the Agency for Workforce Innovation.
1108	f.  Payment rates adopted by the early learning coalitions
1109	coalition and approved by the Agency for Workforce Innovation.
1110	Payment rates may not have the effect of limiting parental
1111	choice or creating standards or levels of services that have not
1112	been expressly established authorized by the Legislature, unless
1113	the creation of such standards or levels of service is a
1114	precondition for the state's eligibility to receive federal
1115	funds available for early learning programs.
1116	g.  Systems support services, including a central agency,
1117	child care resource and referral, eligibility determinations,
1118	training of providers, and parent support and involvement.
1119	g.h.  Direct enhancement services for to families and
1120	children. System support and direct enhancement services shall
1121	be in addition to payments for the placement of children in
1122	school readiness programs. Direct enhancement services for
1123	families may include parent training and involvement activities
1124	and strategies to meet the needs of unique populations and local
1125	eligibility priorities. Enhancement services for children may
1126	include provider supports and professional development approved
1127	in the plan by the Agency for Workforce Innovation.
1128	h.i.  The business organization of the early learning
1129	coalition, which must include the coalition's articles of
1130	incorporation and bylaws if the coalition is organized as a
1131	corporation. If the coalition is not organized as a corporation
1132	or other business entity, the plan must include the contract
1133	with a fiscal agent. An early learning coalition may contract
1134	with other coalitions to achieve efficiency in multicounty
1135	services, and these contracts may be part of the coalition's
1136	school readiness plan.
1137	i.  The implementation of locally developed quality
1138	programs in accordance with the requirements adopted by the
1139	agency under subparagraph (4)(d)5.
1140	j.  Strategies to meet the needs of unique populations,
1141	such as migrant workers.
1142
1143	As part of the school readiness plan, The Agency for Workforce
1144	Innovation early learning coalition may request the Governor to
1145	apply for a waiver to allow the coalition to administer the Head
1146	Start Program to accomplish the purposes of the school readiness
1147	program. If a school readiness plan demonstrates that specific
1148	statutory goals can be achieved more effectively by using
1149	procedures that require modification of existing rules,
1150	policies, or procedures, a request for a waiver to the Agency
1151	for Workforce Innovation may be submitted as part of the plan.
1152	Upon review, the Agency for Workforce Innovation may grant the
1153	proposed modification.
1154	5.  Persons with an early childhood teaching certificate
1155	may provide support and supervision to other staff in the school
1156	readiness program.
1157	6.  An early learning coalition may not implement its
1158	school readiness plan until it submits the plan to and receives
1159	approval from the Agency for Workforce Innovation. Once the plan
1160	is approved, the plan and the services provided under the plan
1161	shall be controlled by the early learning coalition. The plan
1162	shall be reviewed and revised as necessary, but at least
1163	biennially. An early learning coalition may not implement the
1164	revisions until the coalition submits the revised plan to and
1165	receives approval from the Agency for Workforce Innovation. If
1166	the Agency for Workforce Innovation rejects a revised plan, the
1167	coalition must continue to operate under its prior approved
1168	plan.
1169	7.  Sections 125.901(2)(a)3., 411.221, and 411.232 do not
1170	apply to an early learning coalition with an approved school
1171	readiness programs plan. The Agency for Workforce Innovation To
1172	facilitate innovative practices and to allow the regional
1173	establishment of school readiness programs, an early learning
1174	coalition may apply to the Governor and Cabinet for a waiver of,
1175	and the Governor and Cabinet may waive, any of the provisions of
1176	ss. 411.223, 411.232, and 1003.54, if the waiver is necessary
1177	for implementation of the coalition's school readiness programs
1178	plan.
1179	8.  Two or more early learning coalitions counties may join
1180	for purposes of planning and implementing a school readiness
1181	program.
1182	9.  An early learning coalition may, subject to approval by
1183	The Agency for Workforce Innovation as part of the coalition's
1184	school readiness plan, receive subsidized child care funds for
1185	all children eligible for any federal subsidized child care
1186	program.
1187	10.  An early learning coalition may enter into multiparty
1188	contracts with multicounty service providers in order to meet
1189	the needs of unique populations such as migrant workers.
1190	(e)  Requests for proposals; payment schedule.-
1191	1.  Each early learning coalition must comply with the
1192	procurement and expenditure procedures adopted by the Agency for
1193	Workforce Innovation, including, but not limited to, applying
1194	the procurement and expenditure procedures required by federal
1195	law for the expenditure of federal funds s. 287.057 for the
1196	procurement of commodities or contractual services from the
1197	funds described in paragraph (9)(d). The period of a contract
1198	for purchase of these commodities or contractual services,
1199	together with any renewal of the original contract, may not
1200	exceed 3 years.
1201	2.  Each early learning coalition shall adopt a payment
1202	schedule that encompasses all programs funded by the coalition
1203	under this section. The payment schedule must take into
1204	consideration the prevailing relevant market rate, must include
1205	the projected number of children to be served, and must be
1206	submitted for approval by the Agency for Workforce Innovation.
1207	Informal child care arrangements shall be reimbursed at not more
1208	than 50 percent of the rate adopted developed for a family day
1209	care home.
1210	(f)  Requirements relating to fiscal agents.-If an early
1211	learning coalition is not legally organized as a corporation or
1212	other business entity, the coalition must designate a fiscal
1213	agent, which may be a public entity, a private nonprofit
1214	organization, or a certified public accountant who holds a
1215	license under chapter 473. The fiscal agent must provide
1216	financial and administrative services under a contract with the
1217	early learning coalition. The fiscal agent may not provide
1218	direct early childhood education or child care services;
1219	however, a fiscal agent may provide those services upon written
1220	request of the early learning coalition to the Agency for
1221	Workforce Innovation and upon the approval of the request by the
1222	agency. The cost of the financial and administrative services
1223	shall be negotiated between the fiscal agent and the early
1224	learning coalition. If the fiscal agent is a provider of early
1225	childhood education and child care programs, the contract must
1226	specify that the fiscal agent shall act on policy direction from
1227	the early learning coalition and must not receive policy
1228	direction from its own corporate board regarding disbursal of
1229	the coalition's funds. The fiscal agent shall disburse funds in
1230	accordance with the early learning coalition's approved school
1231	readiness plan and based on billing and disbursement procedures
1232	approved by the Agency for Workforce Innovation. The fiscal
1233	agent must conform to all data-reporting requirements
1234	established by the Agency for Workforce Innovation.
1235	(f)(g)  Evaluation and annual report.-Each early learning
1236	coalition shall conduct an evaluation of its implementation the
1237	effectiveness of the school readiness program, including system
1238	support services, performance standards, and outcome measures,
1239	and shall provide an annual report and fiscal statement to the
1240	Agency for Workforce Innovation. This report must also include
1241	an evaluation of the effectiveness of its direct enhancement
1242	services and conform to the content and format specifications
1243	adopted set by the Agency for Workforce Innovation. The Agency
1244	for Workforce Innovation must include an analysis of the early
1245	learning coalitions' reports in the agency's annual report.
1246	(6)  PROGRAM ELIGIBILITY.-The Each early learning
1247	coalition's school readiness program is shall be established for
1248	children from birth to the beginning of the school year for
1249	which a child is eligible for admission to kindergarten in a
1250	public school under s. 1003.21(1)(a)2. or who are eligible for
1251	any federal subsidized child care program. Each early learning
1252	coalition shall give priority for participation in the school
1253	readiness program as follows:
1254	(a)  Priority shall be given first to a child from a family
1255	in which there is an adult receiving temporary cash assistance
1256	who is subject to federal work requirements.
1257	(b)  Priority shall be given next to a child who is
1258	eligible for a school readiness program but who has not yet
1259	entered children age 3 years to school, entry who is are served
1260	by the Family Safety Program Office of the Department of
1261	Children and Family Services or a community-based lead agency
1262	under chapter 39 or chapter 409, and for whom child care is
1263	needed to minimize risk of further abuse, neglect, or
1264	abandonment.
1265	(c)  Subsequent priority shall be given to a child Other
1266	eligible populations include children who meets meet one or more
1267	of the following criteria:
1268	1.(a)  A child who is younger than Children under the age
1269	of kindergarten eligibility and who are:
1270	1.  Children determined to be at risk of abuse, neglect, or
1271	exploitation who are currently clients of the Family Safety
1272	Program Office of the Department of Children and Family
1273	Services, but who are not otherwise given priority under this
1274	subsection.
1275	a.2.  Is Children at risk of welfare dependency, including
1276	an economically disadvantaged child children, a child children
1277	of a participant participants in the welfare transition program,
1278	a child of a migratory agricultural worker children of migrant
1279	farmworkers, or a child and children of a teen parent parents.
1280	b.3.  Is a member Children of a working family that is
1281	economically disadvantaged families whose family income does not
1282	exceed 150 percent of the federal poverty level.
1283	c.4.  Children For whom financial assistance is provided
1284	through the state is paying a Relative Caregiver Program payment
1285	under s. 39.5085.
1286	2.(b)  A 3-year-old child or Three-year-old children and 4-
1287	year-old child children who may not be economically
1288	disadvantaged but who has a disability; has have disabilities,
1289	have been served in a specific part-time
1290	program or a combination of part-time exceptional education
1291	programs with required special services, aids, or equipment;,
1292	and was were previously reported for funding part time under
1293	with the Florida Education Finance Program as an exceptional
1294	student students.
1295	3.(c)  An economically disadvantaged child children, a
1296	child children with a disability disabilities, or a child and
1297	children at risk of future school failure, from birth to 4 years
1298	of age, who is are served at home through a home visitor program
1299	programs and an intensive parent education program programs.
1300	4.(d)  A child Children who meets meet federal and state
1301	eligibility requirements for the migrant preschool program but
1302	who is do not meet the criteria of economically disadvantaged.
1303
1304	As used in this paragraph subsection, the term "economically
1305	disadvantaged" child means having a child whose family income
1306	that does not exceed 150 percent of the federal poverty level.
1307	Notwithstanding any change in a family's economic status, but
1308	subject to additional family contributions in accordance with
1309	the sliding fee scale, a child who meets the eligibility
1310	requirements upon initial registration for the program remains
1311	eligible until the beginning of the school year for which the
1312	child is eligible for admission to kindergarten in a public
1313	school under s. 1003.21(1)(a)2.
1314	(7)  PARENTAL CHOICE.-
1315	(a)  Parental choice of child care providers shall be
1316	established, to the maximum extent practicable, in accordance
1317	with 45 C.F.R. s. 98.30.
1318	(b)  As used in this subsection, the term "payment
1319	certificate" means a child care certificate as defined in 45
1320	C.F.R. s. 98.2.
1321	(c)  The school readiness program shall, in accordance with
1322	45 C.F.R. s. 98.30, provide parental choice through a payment
1323	certificate purchase service order that ensures, to the maximum
1324	extent possible, flexibility in the school readiness program
1325	programs and payment arrangements. According to federal
1326	regulations requiring parental choice, a parent may choose an
1327	informal child care arrangement. The payment certificate
1328	purchase order must bear the names name of the beneficiary and
1329	the program provider and, when redeemed, must bear the
1330	signatures signature of both the beneficiary and an authorized
1331	representative of the provider.
1332	(d)(b)  If it is determined that a provider has given
1333	provided any cash to the beneficiary in return for receiving a
1334	payment certificate the purchase order, the early learning
1335	coalition or its fiscal agent shall refer the matter to the
1336	Division of Public Assistance Fraud for investigation.
1337	(e)(c)  The office of the Chief Financial Officer shall
1338	establish an electronic transfer system for the disbursement of
1339	funds in accordance with this subsection. Each early learning
1340	coalition shall fully implement the electronic funds transfer
1341	system within 2 years after approval of the coalition's school
1342	readiness plan, unless a waiver is obtained from the Agency for
1343	Workforce Innovation.
1344	(8)  STANDARDS; OUTCOME MEASURES.-A program provider
1345	participating in the All school readiness program programs must
1346	meet the performance standards and outcome measures adopted by
1347	the Agency for Workforce Innovation.
1348	(9)  FUNDING; SCHOOL READINESS PROGRAM.-
1349	(a)  It is the intent of this section to establish an
1350	integrated and quality seamless service delivery system for all
1351	publicly funded early childhood education and child care
1352	programs operating in this state.
1353	(b)1.  The Agency for Workforce Innovation shall administer
1354	school readiness funds, plans, and policies and shall prepare
1355	and submit a unified budget request for the school readiness
1356	system in accordance with chapter 216.
1357	2.  All instructions to early learning coalitions for
1358	administering this section shall emanate from the Agency for
1359	Workforce Innovation in accordance with the policies of the
1360	Legislature.
1361	(c)  The Agency for Workforce Innovation, subject to
1362	legislative notice and review under s. 216.177, shall establish
1363	recommend a formula for the allocation among the early learning
1364	coalitions of all state and federal school readiness funds
1365	provided for children participating in the public or private
1366	school readiness program, whether served by a public or private
1367	provider, programs based upon equity for each county and
1368	performance. The allocation formula must be submitted to the
1369	Governor, the chair of the Senate Ways and Means Committee or
1370	its successor, and the chair of the House of Representatives
1371	Fiscal Council or its successor no later than January 1 of each
1372	year. If the Legislature specifies shall specify in the annual
1373	General Appropriations Act any changes to
1374	formula, methodology for the prior fiscal year which must be
1375	used by the Agency for Workforce Innovation shall allocate funds
1376	as specified in allocating the appropriations provided in the
1377	General Appropriations Act.
1378	(d)  All state, federal, and required local maintenance-of-
1379	effort, or matching funds provided to an early learning
1380	coalition for purposes of this section shall be used by the
1381	coalition for implementation of its approved school readiness
1382	plan, including the hiring of staff to effectively operate the
1383	coalition's school readiness program. As part of plan approval
1384	and periodic plan review, The Agency for Workforce Innovation
1385	shall require that administrative costs be kept to the minimum
1386	necessary for efficient and effective administration of the
1387	school readiness plan, but total administrative expenditures
1388	must not exceed 5 percent unless specifically waived by the
1389	Agency for Workforce Innovation. The Agency for Workforce
1390	Innovation shall annually report to the Legislature any problems
1391	relating to administrative costs.
1392	(e)  The Agency for Workforce Innovation shall annually
1393	distribute, to a maximum extent practicable, all eligible funds
1394	provided under this section as block grants to the early
1395	learning coalitions in accordance with the terms and conditions
1396	specified by the agency.
1397	(f)  State funds appropriated for the school readiness
1398	program may not be used for the construction of new facilities
1399	or the purchase of buses. The Agency for Workforce Innovation
1400	shall present to the Legislature recommendations for providing
1401	necessary transportation services for school readiness programs.
1402	(g)  All cost savings and all revenues received through a
1403	mandatory sliding fee scale shall be used to help fund each
1404	early learning coalition's school readiness program.
1405	(10)  CONFLICTING PROVISIONS.-If In the event of a conflict
1406	exists between this section and federal requirements, the
1407	federal requirements shall control.
1408	(11)  PLACEMENTS.-Notwithstanding any other provision of
1409	this section to the contrary, the first children to be placed in
1410	the school readiness program shall be those from families
1411	receiving temporary cash assistance and subject to federal work
1412	requirements. Subsequent placements shall be made in accordance
1413	with subsection (6).
1414	Section 18.  Section 411.0101, Florida Statutes, is amended
1415	to read:
1416	411.0101  Child care and early childhood resource and
1417	referral.-
1418	(1)  As a part of the school readiness programs, the Agency
1419	for Workforce Innovation shall establish a statewide child care
1420	resource and referral network that is unbiased and provides
1421	referrals to families for child care. Preference shall be given
1422	to using the already established early learning coalitions as
1423	the child care resource and referral agencies agency. If an
1424	early learning coalition cannot comply with the requirements to
1425	offer the resource information component or does not want to
1426	offer that service, the early learning coalition shall select
1427	the resource and referral information agency for its county or
1428	multicounty region based upon a request for proposal pursuant to
1429	s. 411.01(5)(e)1.
1430	(2)  At least one child care resource and referral agency
1431	must be established in each early learning coalition's county or
1432	multicounty region. The Agency for Workforce Innovation shall
1433	adopt rules regarding accessibility of child care resource and
1434	referral services offered through child care resource and
1435	referral agencies in each county or multicounty region which
1436	include, at a minimum, required hours of operation, methods by
1437	which parents may request services, and child care resource and
1438	referral staff training requirements.
1439	(3)  Child care resource and referral agencies shall
1440	provide the following services:
1441	(a)(1)  Identification of existing public and private child
1442	care and early childhood education services, including child
1443	care services by public and private employers, and the
1444	development of a resource file of those services through the
1445	single statewide information system developed by the Agency for
1446	Workforce Innovation under s. 411.01(5)(c)1.e. These services
1447	may include family day care, public and private child care
1448	programs, the Voluntary Prekindergarten Education Program, Head
1449	Start, the school readiness program prekindergarten early
1450	intervention programs, special education programs for
1451	prekindergarten handicapped children with disabilities, services
1452	for children with developmental disabilities, full-time and
1453	part-time programs, before-school and after-school programs,
1454	vacation care programs, parent education, the WAGES Program, and
1455	related family support services. The resource file shall
1456	include, but not be limited to:
1457	1.(a)  Type of program.
1458	2.(b)  Hours of service.
1459	3.(c)  Ages of children served.
1460	4.(d)  Number of children served.
1461	5.(e)  Significant program information.
1462	6.(f)  Fees and eligibility for services.
1463	7.(g)  Availability of transportation.
1464	(b)(2)  The establishment of a referral process that which
1465	responds to parental need for information and that which is
1466	provided with full recognition of the confidentiality rights of
1467	parents. The resource and referral network programs shall make
1468	referrals to legally operating licensed child care facilities.
1469	Referrals may not shall be made to a an unlicensed child care
1470	facility that is operating illegally or arrangement only if
1471	there is no requirement that the facility or arrangement be
1472	licensed.
1473	(c)(3)  Maintenance of ongoing documentation of requests
1474	for service tabulated through the internal referral process
1475	through the single statewide information system. The following
1476	documentation of requests for service shall be maintained by the
1477	all child care resource and referral network agencies:
1478	1.(a)  Number of calls and contacts to the child care
1479	resource information and referral network agency component by
1480	type of service requested.
1481	2.(b)  Ages of children for whom service was requested.
1482	3.(c)  Time category of child care requests for each child.
1483	4.(d)  Special time category, such as nights, weekends, and
1484	swing shift.
1485	5.(e)  Reason that the child care is needed.
1486	6.(f)  Name of the employer and primary focus of the
1487	business.
1488	(d)(4)  Provision of technical assistance to existing and
1489	potential providers of child care services. This assistance may
1490	include:
1491	1.(a)  Information on initiating new child care services,
1492	zoning, and program and budget development and assistance in
1493	finding such information from other sources.
1494	2.(b)  Information and resources which help existing child
1495	care services providers to maximize their ability to serve
1496	children and parents in their community.
1497	3.(c)  Information and incentives that may which could help
1498	existing or planned child care services offered by public or
1499	private employers seeking to maximize their ability to serve the
1500	children of their working parent employees in their community,
1501	through contractual or other funding arrangements with
1502	businesses.
1503	(e)(5)  Assistance to families and employers in applying
1504	for various sources of subsidy including, but not limited to,
1505	the Voluntary Prekindergarten Education Program, the school
1506	readiness program subsidized child care, Head Start,
1507	prekindergarten early intervention programs, Project
1508	Independence, private scholarships, and the federal child and
1509	dependent care tax credit.
1510	(6)  Assistance to state agencies in determining the market
1511	rate for child care.
1512	(f)(7)  Assistance in negotiating discounts or other
1513	special arrangements with child care providers.
1514	(8)  Information and assistance to local interagency
1515	councils coordinating services for prekindergarten handicapped
1516	children.
1517	(g)(9)  Assistance to families in identifying summer
1518	recreation camp and summer day camp programs, and in evaluating
1519	the health and safety qualities of summer recreation camp and
1520	summer day camp programs, and in evaluating the health and
1521	safety qualities of summer camp programs. Contingent upon
1522	specific appropriation, a checklist of important health and
1523	safety qualities that parents can use to choose their summer
1524	camp programs shall be developed and distributed in a manner
1525	that will reach parents interested in such programs for their
1526	children.
1527	(h)(10)  A child care facility licensed under s. 402.305
1528	and licensed and registered family day care homes must provide
1529	the statewide child care and resource and referral network
1530	agencies with the following information annually:
1531	1.(a)  Type of program.
1532	2.(b)  Hours of service.
1533	3.(c)  Ages of children served.
1534	4.(d)  Fees and eligibility for services.
1535	(4)(11)  The Agency for Workforce Innovation shall adopt
1536	any rules necessary for the implementation and administration of
1537	this section.
1538	Section 19.  Subsection (3), paragraph (b) of subsection
1539	(4), and paragraphs (c) and (d) of subsection (5) of section
1540	411.0102, Florida Statutes, are amended to read:
1541	411.0102  Child Care Executive Partnership Act; findings
1542	and intent; grant; limitation; rules.-
1543	(3)  There is created a body politic and corporate known as
1544	the Child Care Executive Partnership which shall establish and
1545	govern the Child Care Executive Partnership Program. The purpose
1546	of the Child Care Executive Partnership Program is to utilize
1547	state and federal funds as incentives for matching local funds
1548	derived from local governments, employers, charitable
1549	foundations, and other sources, so that Florida communities may
1550	create local flexible partnerships with employers. The Child
1551	Care Executive Partnership Program funds shall be used at the
1552	discretion of local communities to meet the needs of working
1553	parents. A child care purchasing pool shall be developed with
1554	the state, federal, and local funds to provide subsidies to low-
1555	income working parents whose family income does not exceed the
1556	allowable income for any federally subsidized child care program
1557	who are eligible for subsidized child care with a dollar-for-
1558	dollar match from employers, local government, and other
1559	matching contributions. The funds used from the child care
1560	purchasing pool must be used to supplement or extend the use of
1561	existing public or private funds.
1562	(4)  The Child Care Executive Partnership, staffed by the
1563	Agency for Workforce Innovation, shall consist of a
1564	representative of the Executive Office of the Governor and nine
1565	members of the corporate or child care community, appointed by
1566	the Governor.
1567	(b)  The Child Care Executive Partnership shall be chaired
1568	by a member chosen by a majority vote and shall meet at least
1569	quarterly and at other times upon the call of the chair. The
1570	Child Care Executive Partnership may use any method of
1571	telecommunications to conduct meetings, including establishing a
1572	quorum through telecommunications, only if the public is given
1573	proper notice of a telecommunications meeting and reasonable
1574	access to observe and, when appropriate, participate.
1575	(5)
1576	(c)  The Agency for Workforce Innovation, in conjunction
1577	with the Child Care Executive Partnership, shall develop
1578	procedures for disbursement of funds through the child care
1579	purchasing pools. In order to be considered for funding, an
1580	early learning coalition or the Agency for Workforce Innovation
1581	must commit to:
1582	1.  Matching the state purchasing pool funds on a dollar-
1583	for-dollar basis; and
1584	2.  Expending only those public funds which are matched by
1585	employers, local government, and other matching contributors who
1586	contribute to the purchasing pool. Parents shall also pay a fee,
1587	which may not shall be not less than the amount identified in
1588	the early learning coalition's school readiness program
1589	subsidized child care sliding fee scale.
1590	(d)  Each early learning coalition board shall be required
1591	to establish a community child care task force for each child
1592	care purchasing pool. The task force must be composed of
1593	employers, parents, private child care providers, and one
1594	representative from the local children's services council, if
1595	one exists in the area of the purchasing pool. The early
1596	learning coalition is expected to recruit the task force members
1597	from existing child care councils, commissions, or task forces
1598	already operating in the area of a purchasing pool. A majority
1599	of the task force shall consist of employers. Each task force
1600	shall develop a plan for the use of child care purchasing pool
1601	funds. The plan must show how many children will be served by
1602	the purchasing pool, how many will be new to receiving child
1603	care services, and how the early learning coalition intends to
1604	attract new employers and their employees to the program.
1605	Section 20.  Paragraph (b) of subsection (8) of section
1606	411.203, Florida Statutes, is amended to read:
1607	411.203  Continuum of comprehensive services.-The
1608	Department of Education and the Department of Health and
1609	Rehabilitative Services shall utilize the continuum of
1610	prevention and early assistance services for high-risk pregnant
1611	women and for high-risk and handicapped children and their
1612	families, as outlined in this section, as a basis for the
1613	intraagency and interagency program coordination, monitoring,
1614	and analysis required in this chapter. The continuum shall be
1615	the guide for the comprehensive statewide approach for services
1616	for high-risk pregnant women and for high-risk and handicapped
1617	children and their families, and may be expanded or reduced as
1618	necessary for the enhancement of those services. Expansion or
1619	reduction of the continuum shall be determined by intraagency or
1620	interagency findings and agreement, whichever is applicable.
1621	Implementation of the continuum shall be based upon applicable
1622	eligibility criteria, availability of resources, and interagency
1623	prioritization when programs impact both agencies, or upon
1624	single agency prioritization when programs impact only one
1625	agency. The continuum shall include, but not be limited to:
1626	(8)  SUPPORT SERVICES FOR ALL EXPECTANT PARENTS AND PARENTS
1627	OF HIGH-RISK CHILDREN.-
1628	(b)  Child care and early childhood programs, including,
1629	but not limited to, subsidized child care, licensed
1630	nonsubsidized child care facilities, family day care homes,
1631	therapeutic child care, Head Start, and preschool programs in
1632	public and private schools.
1633	Section 21.  Subsection (2) of section 411.221, Florida
1634	Statutes, is amended to read:
1635	411.221  Prevention and early assistance strategic plan;
1636	agency responsibilities.-
1637	(2)  The strategic plan and subsequent plan revisions shall
1638	incorporate and otherwise utilize, to the fullest extent
1639	possible, the evaluation findings and recommendations from
1640	intraagency, independent third-party, field projects, and
1641	reports issued by the Auditor General or the Office of Program
1642	Policy Analysis and Government Accountability, as well as the
1643	recommendations of the Agency for Workforce Innovation State
1644	Coordinating Council for School Readiness Programs.
1645	Section 22.  Paragraph (c) of subsection (4) of section
1646	445.024, Florida Statutes, is amended to read:
1647	445.024  Work requirements.-
1648	(4)  PRIORITIZATION OF WORK REQUIREMENTS.-Regional
1649	workforce boards shall require participation in work activities
1650	to the maximum extent possible, subject to federal and state
1651	funding. If funds are projected to be insufficient to allow
1652	full-time work activities by all program participants who are
1653	required to participate in work activities, regional workforce
1654	boards shall screen participants and assign priority based on
1655	the following:
1656	(c)  A participant who has access to subsidized or
1657	unsubsidized child care services may be assigned priority for
1658	work activities.
1659
1660	Regional workforce boards may limit a participant's weekly work
1661	requirement to the minimum required to meet federal work
1662	activity requirements. Regional workforce boards may develop
1663	screening and prioritization procedures based on the allocation
1664	of resources, the availability of community resources, the
1665	provision of supportive services, or the work activity needs of
1666	the service area.
1667	Section 23.  Subsection (2) of section 445.030, Florida
1668	Statutes, is amended to read:
1669	445.030  Transitional education and training.-In order to
1670	assist former recipients of temporary cash assistance who are
1671	working or actively seeking employment in continuing their
1672	training and upgrading their skills, education, or training,
1673	support services may be provided for up to 2 years after the
1674	family is no longer receiving temporary cash assistance. This
1675	section does not constitute an entitlement to transitional
1676	education and training. If funds are not sufficient to provide
1677	services under this section, the board of directors of Workforce
1678	Florida, Inc., may limit or otherwise prioritize transitional
1679	education and training.
1680	(2)  Regional workforce boards may authorize child care or
1681	other support services in addition to services provided in
1682	conjunction with employment. For example, a participant who is
1683	employed full time may receive subsidized child care services
1684	related to that employment and may also receive additional
1685	subsidized child care services in conjunction with training to
1686	upgrade the participant's skills.
1687	Section 24.  Paragraph (a) of subsection (2) of section
1688	490.014, Florida Statutes, is amended to read:
1689	490.014  Exemptions.-
1690	(2)  No person shall be required to be licensed or
1691	provisionally licensed under this chapter who:
1692	(a)  Is a salaried employee of a government agency; a
1693	developmental disability facility or program; a, mental health,
1694	alcohol, or drug abuse facility operating under chapter 393,
1695	chapter 394, or chapter 397; the statewide subsidized child care
1696	program, subsidized child care case management program, or child
1697	care resource and referral network program operating under s.
1698	411.0101 pursuant to chapter 402; a child-placing or child-
1699	caring agency licensed pursuant to chapter 409; a domestic
1700	violence center certified pursuant to chapter 39; an accredited
1701	academic institution; or a research institution, if such
1702	employee is performing duties for which he or she was trained
1703	and hired solely within the confines of such agency, facility,
1704	or institution, so long as the employee is not held out to the
1705	public as a psychologist pursuant to s. 490.012(1)(a).
1706	Section 25.  Paragraph (a) of subsection (4) of section
1707	491.014, Florida Statutes, is amended to read:
1708	491.014  Exemptions.-
1709	(4)  No person shall be required to be licensed,
1710	provisionally licensed, registered, or certified under this
1711	chapter who:
1712	(a)  Is a salaried employee of a government agency; a
1713	developmental disability facility or program; a, mental health,
1714	alcohol, or drug abuse facility operating under chapter 393,
1715	chapter 394, or chapter 397; the statewide subsidized child care
1716	program, subsidized child care case management program, or child
1717	care resource and referral network program operating under s.
1718	411.0101 pursuant to chapter 402; a child-placing or child-
1719	caring agency licensed pursuant to chapter 409; a domestic
1720	violence center certified pursuant to chapter 39; an accredited
1721	academic institution; or a research institution, if such
1722	employee is performing duties for which he or she was trained
1723	and hired solely within the confines of such agency, facility,
1724	or institution, so long as the employee is not held out to the
1725	public as a clinical social worker, mental health counselor, or
1726	marriage and family therapist.
1727	Section 26.  Subsection (5) of section 1002.53, Florida
1728	Statutes, is amended to read:
1729	1002.53  Voluntary Prekindergarten Education Program;
1730	eligibility and enrollment.-
1731	(5)  The early learning coalition shall provide each parent
1732	enrolling a child in the Voluntary Prekindergarten Education
1733	Program with a profile of every private prekindergarten provider
1734	and public school delivering the program within the coalition's
1735	county where the child is being enrolled or multicounty region.
1736	The profiles shall be provided to parents in a format prescribed
1737	by the Agency for Workforce Innovation. The profiles must
1738	include, at a minimum, the following information about each
1739	provider and school:
1740	(a)  The provider's or school's services, curriculum,
1741	instructor credentials, and instructor-to-student ratio; and
1742	(b)  The provider's or school's kindergarten readiness rate
1743	calculated in accordance with s. 1002.69, based upon the most
1744	recent available results of the statewide kindergarten
1745	screening.
1746	Section 27.  Paragraph (b) of subsection (3) of section
1747	1002.55, Florida Statutes, is amended, and subsection (5) is
1748	added to that section, to read:
1749	1002.55  School-year prekindergarten program delivered by
1750	private prekindergarten providers.-
1751	(3)  To be eligible to deliver the prekindergarten program,
1752	a private prekindergarten provider must meet each of the
1753	following requirements:
1754	(b)  The private prekindergarten provider must:
1755	1.  Be accredited by an accrediting association that is a
1756	member of the National Council for Private School Accreditation,
1757	Advance Education, Inc. (AdvancED) the Commission on
1758	International and Trans-Regional Accreditation, or the Florida
1759	Association of Academic Nonpublic Schools and have written
1760	accreditation standards that meet or exceed the state's
1761	licensing requirements under s. 402.305, s. 402.313, or s.
1762	402.3131 and require at least one onsite visit to the provider
1763	or school before accreditation is granted;
1764	2.  Hold a current Gold Seal Quality Care designation under
1765	s. 402.281; or
1766	3.  Be licensed under s. 402.305, s. 402.313, or s.
1767	402.3131 and demonstrate, before delivering the Voluntary
1768	Prekindergarten Education Program, as verified by the early
1769	learning coalition, that the provider meets each of the
1770	requirements of the program under this part, including, but not
1771	limited to, the requirements for credentials and background
1772	screenings of prekindergarten instructors under paragraphs (c)
1773	and (d), minimum and maximum class sizes under paragraph (f),
1774	prekindergarten director credentials under paragraph (g), and a
1775	developmentally appropriate curriculum under s. 1002.67(2)(b).
1776	(5)  Notwithstanding paragraph (3)(b), a private
1777	prekindergarten provider may not participate in the Voluntary
1778	Prekindergarten Education Program if the provider has child
1779	disciplinary policies that do not prohibit children from being
1780	subjected to discipline that is severe, humiliating,
1781	frightening, or associated with food, rest, toileting, spanking,
1782	or any other form of physical punishment as provided in s.
1783	402.305(12).
1784	Section 28.  Paragraph (c) of subsection (3) of section
1785	1002.67, Florida Statutes, is amended to read:
1786	1002.67  Performance standards; curricula and
1787	accountability.-
1788	(3)
1789	(c)1.  If the kindergarten readiness rate of a private
1790	prekindergarten provider or public school falls below the
1791	minimum rate adopted by the State Board of Education as
1792	satisfactory under s. 1002.69(6), the early learning coalition
1793	or school district, as applicable, shall require the provider or
1794	school to submit an improvement plan for approval by the
1795	coalition or school district, as applicable, and to implement
1796	the plan.
1797	2.  If a private prekindergarten provider or public school
1798	fails to meet the minimum rate adopted by the State Board of
1799	Education as satisfactory under s. 1002.69(6) for 2 consecutive
1800	years, the early learning coalition or school district, as
1801	applicable, shall place the provider or school on probation and
1802	must require the provider or school to take certain corrective
1803	actions, including the use of a curriculum approved by the
1804	department under paragraph (2)(c).
1805	3.  A private prekindergarten provider or public school
1806	that is placed on probation must continue the corrective actions
1807	required under subparagraph 2., including the use of a
1808	curriculum approved by the department, until the provider or
1809	school meets the minimum rate adopted by the State Board of
1810	Education as satisfactory under s. 1002.69(6).
1811	4.  If a private prekindergarten provider or public school
1812	remains on probation for 2 consecutive years and fails to meet
1813	the minimum rate adopted by the State Board of Education as
1814	satisfactory under s. 1002.69(6) and is not granted a good cause
1815	exemption by the department pursuant to s. 1002.69(7), the
1816	Agency for Workforce Innovation shall require the early learning
1817	coalition or the Department of Education shall require the
1818	school district, as applicable, to remove, as applicable, the
1819	provider or school from eligibility to deliver the Voluntary
1820	Prekindergarten Education Program and receive state funds for
1821	the program.
1822	Section 29.  Subsection (7) is added to section 1002.69,
1823	Florida Statutes, to read:
1824	1002.69  Statewide kindergarten screening; kindergarten
1825	readiness rates.-
1826	(7)(a)  Notwithstanding s. 1002.67(3)(c)4., the State Board
1827	of Education, upon the request of a private prekindergarten
1828	provider or public school that remains on probation for 2
1829	consecutive years or more and subsequently fails to meet the
1830	minimum rate adopted under subsection (6) and for good cause
1831	shown, may grant to the provider or school an exemption from
1832	being determined ineligible to deliver the Voluntary
1833	Prekindergarten Education Program and receive state funds for
1834	the program. Such a good cause exemption is valid for 1 year
1835	and, upon the request of the private prekindergarten provider or
1836	public school and for good cause shown, may be renewed.
1837	(b)  A private prekindergarten provider's or public
1838	school's request for a good cause exemption, or renewal of such
1839	an exemption, must be submitted to the state board in the manner
1840	and within the timeframes prescribed by the state board and must
1841	include the following:
1842	1.  Submission of data by the private prekindergarten
1843	provider or public school that documents on a standardized
1844	assessment the achievement and progress of the children served.
1845	2.  Submission and review of data available from the
1846	respective early learning coalition or district school board,
1847	the Department of Children and Family Services, local licensing
1848	authority, or an accrediting association, as applicable,
1849	relating to the private prekindergarten provider's or public
1850	school's compliance with state and local health and safety
1851	standards.
1852	3.  Submission and review of data available to the
1853	department on the performance of the children served and the
1854	calculation of the private prekindergarten provider's or public
1855	school's kindergarten readiness rate.
1856	(c)  The State Board of Education shall adopt criteria for
1857	granting good cause exemptions. Such criteria shall include, but
1858	are not limited to:
1859	1.  Learning gains of children served in the Voluntary
1860	Prekindergarten Education Program by the private prekindergarten
1861	provider or public school.
1862	2.  Verification that the private prekindergarten provider
1863	or public school serves at least twice the statewide percentage
1864	of children with disabilities as defined in s. 1003.01(3)(a).
1865	3.  Verification that local and state health and safety
1866	requirements are met.
1867	(d)  A good cause exemption may not be granted to any
1868	private prekindergarten provider that has any class I violations
1869	or two or more class II violations within the 2 years preceding
1870	the provider's or school's request for the exemption. For
1871	purposes of this paragraph, class I and class II violations have
1872	the same meaning as provided in s. 402.281(3).
1873	(e)  A private prekindergarten provider or public school
1874	granted a good cause exemption shall continue to implement its
1875	improvement plan and continue the corrective actions required
1876	under s. 1002.67(3)(c)2., including the use of a curriculum
1877	approved by the department, until the provider or school meets
1878	the minimum rate adopted under subsection (6).
1879	Section 30.  Paragraph (b) of subsection (6) of section
1880	1002.71, Florida Statutes, is amended to read:
1881	1002.71  Funding; financial and attendance reporting.-
1882	(6)
1883	(b)1.  Each private prekindergarten provider's and district
1884	school board's attendance policy must require the parent of each
1885	student in the Voluntary Prekindergarten Education Program to
1886	verify, each month, the student's attendance on the prior
1887	month's certified student attendance.
1888	2.  The parent must submit the verification of the
1889	student's attendance to the private prekindergarten provider or
1890	public school on forms prescribed by the Agency for Workforce
1891	Innovation. The forms must include, in addition to the
1892	verification of the student's attendance, a certification, in
1893	substantially the following form, that the parent continues to
1894	choose the private prekindergarten provider or public school in
1895	accordance with s. 1002.53 and directs that payments for the
1896	program be made to the provider or school:
1897
1898	VERIFICATION OF STUDENT'S ATTENDANCE
1899	AND CERTIFICATION OF PARENTAL CHOICE
1900
1901	I, ...(Name of Parent)..., swear (or affirm) that my
1902	child,...(Name of Student)..., attended the Voluntary
1903	Prekindergarten Education Program on the days listed above and
1904	certify that I continue to choose ...(Name of Provider or
1905	School)... to deliver the program for my child and direct that
1906	program funds be paid to the provider or school for my child.
1907
1908	...(Signature of Parent)...
1909	...(Date)...
1910
1911	3.  The private prekindergarten provider or public school
1912	must keep each original signed form for at least 2 years. Each
1913	private prekindergarten provider must permit the early learning
1914	coalition, and each public school must permit the school
1915	district, to inspect the original signed forms during normal
1916	business hours. The Agency for Workforce Innovation shall adopt
1917	procedures for early learning coalitions and school districts to
1918	review the original signed forms against the certified student
1919	attendance. The review procedures shall provide for the use of
1920	selective inspection techniques, including, but not limited to,
1921	random sampling. Each early learning coalition and the school
1922	districts district must comply with the review procedures.
1923	Section 31.  Paragraph (d) is added to subsection (2) of
1924	section 1002.73, Florida Statutes, to read:
1925	1002.73  Department of Education; powers and duties;
1926	accountability requirements.-
1927	(2)  The department shall adopt procedures for the
1928	department's:
1929	(d)  Granting of good cause exemptions from private
1930	prekindergarten providers' and public schools' being determined
1931	ineligible to deliver the program and receive state funds for
1932	the program.
1933	Section 32.  Paragraph (b) of subsection (4) of section
1934	1009.64, Florida Statutes, is amended to read:
1935	1009.64  Certified Education Paraprofessional Welfare
1936	Transition Program.-
1937	(4)  The agencies shall complete an implementation plan
1938	that addresses at least the following recommended components of
1939	the program:
1940	(b)  A budget for use of incentive funding to provide
1941	motivation to participants to succeed and excel. The budget for
1942	incentive funding includes:
1943	1.  Funds allocated by the Legislature directly for the
1944	program.
1945	2.  Funds that may be made available from the federal
1946	Workforce Investment Act based on client eligibility or
1947	requested waivers to make the clients eligible.
1948	3.  Funds made available by implementation strategies that
1949	would make maximum use of work supplementation funds authorized
1950	by federal law.
1951	4.  Funds authorized by strategies to lengthen
1952	participants' eligibility for federal programs such as Medicaid,
1953	subsidized child care services, and transportation.
1954
1955	Incentives may include a stipend during periods of college
1956	classroom training, a bonus and recognition for a high grade-
1957	point average, child care and prekindergarten services for
1958	children of participants, and services to increase a
1959	participant's ability to advance to higher levels of employment.
1960	Nonfinancial incentives should include providing a mentor or
1961	tutor, and service incentives should continue and increase for
1962	any participant who plans to complete the baccalaureate degree
1963	and become a certified teacher. Services may be provided in
1964	accordance with family choice by community colleges and school
1965	district career centers, through family service centers and
1966	full-service schools, or under contract with providers through
1967	central agencies.
1968	Section 33.  This act shall take effect July 1, 2010.

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