Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 7006
       
       
       
       
       
                               Ì462756DÎ462756                          
       
       576-04086-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to early learning; providing a
    3         directive to the Division of Law Revision and
    4         Information to change the term “family day care home”
    5         to “family child care home,” and the term “family day
    6         care” to “family child care”; amending ss. 125.0109
    7         and 166.0445, F.S.; including large family child care
    8         homes in local zoning regulation requirements;
    9         amending s. 402.302, F.S.; redefining the term
   10         “substantial compliance”; requiring the Department of
   11         Children and Families to adopt rules for compliance by
   12         certain programs regulated, but not licensed, by the
   13         department; amending s. 402.3025, F.S.; revising
   14         requirements for nonpublic schools delivering certain
   15         voluntary prekindergarten education programs and
   16         school readiness programs; amending s. 402.305, F.S.;
   17         revising certain minimum standards for child care
   18         facilities; prohibiting the transfer of ownership of
   19         such facilities to specified individuals; creating s.
   20         402.3085, F.S.; requiring nonpublic schools or
   21         providers seeking to operate certain programs to
   22         annually obtain a certificate from the department or a
   23         local licensing agency; providing for issuance of the
   24         certificate upon examination of the applicant’s
   25         premises and records; prohibiting a provider from
   26         participating in the programs without a certificate;
   27         authorizing local licensing agencies to apply their
   28         own minimum child care standards under certain
   29         circumstances; amending s. 402.311, F.S.; providing
   30         for the inspection of programs regulated by the
   31         department; amending s. 402.3115, F.S.; providing for
   32         abbreviated inspections of specified child care homes;
   33         requiring rulemaking; amending s. 402.313, F.S.;
   34         revising provisions for licensure, registration, and
   35         operation of family child care homes; amending s.
   36         402.3131, F.S.; revising requirements for large family
   37         child care homes; amending s. 402.316, F.S.; providing
   38         exemptions from child care facility licensing
   39         standards; requiring a child care facility operating
   40         as a provider of certain voluntary prekindergarten
   41         education programs or child care programs to comply
   42         with minimum standards; providing penalties for
   43         failure to disclose or for use of certain information;
   44         requiring the department to establish a fee for
   45         inspection and compliance activities; amending s.
   46         627.70161, F.S.; revising restrictions on residential
   47         property insurance coverage to include coverage for
   48         large family child care homes; amending s. 1001.213,
   49         F.S.; providing additional duties of the Office of
   50         Early Learning; amending s. 1002.53, F.S.; revising
   51         requirements for application and determination of
   52         eligibility to enroll in the Voluntary Prekindergarten
   53         (VPK) Education Program; amending s. 1002.55, F.S.;
   54         revising requirements for a school-year
   55         prekindergarten program delivered by a private
   56         prekindergarten provider, including requirements for
   57         providers, instructors, and child care personnel;
   58         providing requirements in the case of provider
   59         violations; amending s. 1002.59, F.S.; conforming a
   60         cross-reference to changes made by the act; amending
   61         ss. 1002.61 and 1002.63, F.S.; revising employment
   62         requirements and educational credentials of certain
   63         instructional personnel; amending s. 1002.71, F.S.;
   64         revising information that must be provided to parents;
   65         amending s. 1002.75, F.S.; revising provisions
   66         included in the standard statewide VPK program
   67         provider contract; amending s. 1002.77, F.S.; revising
   68         the purpose and meetings of the Florida Early Learning
   69         Advisory Council; amending s. 1002.81, F.S.; revising
   70         certain program definitions; amending s. 1002.82,
   71         F.S.; revising the powers and duties of the Office of
   72         Early Learning; revising provisions included in the
   73         standard statewide school readiness provider contract;
   74         amending s. 1002.84, F.S.; revising the powers and
   75         duties of early learning coalitions; conforming
   76         provisions to changes made by the act; amending s.
   77         1002.87, F.S.; revising student eligibility and
   78         enrollment requirements for the school readiness
   79         program; amending s. 1002.88, F.S.; revising
   80         eligibility requirements for program providers that
   81         want to deliver the school readiness program;
   82         providing conditions for denial of initial
   83         eligibility; providing child care personnel
   84         requirements; amending s. 1002.89, F.S.; revising the
   85         use of funds for the school readiness program;
   86         amending s. 1002.91, F.S.; prohibiting an early
   87         learning coalition from contracting with specified
   88         persons; amending s. 1002.94, F.S.; revising
   89         establishment of a community child care task force by
   90         an early learning coalition; requiring the Office of
   91         Early Learning to conduct a pilot project to study the
   92         impact of assessing the early literacy skills of
   93         certain VPK program participants; requiring the office
   94         to report its findings to the Governor and Legislature
   95         by specified dates; providing an effective date.
   96          
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. The Division of Law Revision and Information is
  100  directed to prepare a reviser’s bill for the 2016 Regular
  101  Session of the Legislature to change the term “family day care
  102  home” to “family child care home” and the term “family day care”
  103  to “family child care” wherever the terms appear in the Florida
  104  Statutes.
  105         Section 2. Section 125.0109, Florida Statutes, is amended
  106  to read:
  107         125.0109 Family child day care homes and large family child
  108  care homes; local zoning regulation.—The operation of a
  109  residence as a family child day care home or large family child
  110  care home, as defined in s. 402.302, licensed or registered
  111  pursuant to s. 402.313 or s. 402.3131, as applicable,
  112  constitutes,as defined by law, registered or licensed with the
  113  Department of Children and Families shall constitute a valid
  114  residential use for purposes of any local zoning regulations,
  115  and no such regulation may not shall require the owner or
  116  operator of such family child day care home or large family
  117  child care home to obtain any special exemption or use permit or
  118  waiver, or to pay any special fee in excess of $50, to operate
  119  in an area zoned for residential use.
  120         Section 3. Section 166.0445, Florida Statutes, is amended
  121  to read:
  122         166.0445 Family child day care homes and large family child
  123  care homes; local zoning regulation.—The operation of a
  124  residence as a family child day care home or large family child
  125  care home, as defined in s. 402.302, licensed or registered
  126  pursuant to s. 402.313 or s. 402.3131, as applicable,
  127  constitutes, as defined by law, registered or licensed with the
  128  Department of Children and Families shall constitute a valid
  129  residential use for purposes of any local zoning regulations,
  130  and no such regulations may not regulation shall require the
  131  owner or operator of such family child day care home or large
  132  family child care home to obtain any special exemption or use
  133  permit or waiver, or to pay any special fee in excess of $50, to
  134  operate in an area zoned for residential use.
  135         Section 4. Subsection (17) of section 402.302, Florida
  136  Statutes, is amended to read:
  137         402.302 Definitions.—As used in this chapter, the term:
  138         (17) “Substantial compliance” means, for purposes of
  139  programs operating under s. 1002.55, s. 1002.61, or s. 1002.88,
  140  that level of adherence to adopted standards which is sufficient
  141  to safeguard the health, safety, and well-being of all children
  142  under care. The standards must address the requirements of s.
  143  402.305 and must be limited to supervision, transportation,
  144  access, health-related requirements, food and nutrition,
  145  personnel screening, records, and enforcement of these
  146  standards. The standards must not limit or exclude the
  147  curriculum provided by a faith-based provider or nonpublic
  148  school. The department, in consultation with the Office of Early
  149  Learning, must adopt rules to define and enforce substantial
  150  compliance with minimum standards for child care facilities for
  151  programs operating under s. 1002.55, s. 1002.61, or s. 1002.88
  152  which are regulated, but not licensed, by the department
  153  Substantial compliance is greater than minimal adherence but not
  154  to the level of absolute adherence. Where a violation or
  155  variation is identified as the type which impacts, or can be
  156  reasonably expected within 90 days to impact, the health,
  157  safety, or well-being of a child, there is no substantial
  158  compliance.
  159         Section 5. Paragraphs (d) and (e) of subsection (2) of
  160  section 402.3025, Florida Statutes, are amended to read:
  161         402.3025 Public and nonpublic schools.—For the purposes of
  162  ss. 402.301-402.319, the following shall apply:
  163         (2) NONPUBLIC SCHOOLS.—
  164         (d)1. Nonpublic schools delivering programs under s.
  165  1002.55, s. 1002.61, or s. 1002.88 Programs for children who are
  166  at least 3 years of age, but under 5 years of age, which are not
  167  licensed under ss. 402.301-402.319 shall substantially comply
  168  with the minimum child care standards adopted promulgated
  169  pursuant to ss. 402.305-402.3057.
  170         2. The department or local licensing agency shall enforce
  171  compliance with such standards, where possible, to eliminate or
  172  minimize duplicative inspections or visits by staff enforcing
  173  the minimum child care standards and staff enforcing other
  174  standards under the jurisdiction of the department.
  175         3. The department or local licensing agency may inspect
  176  programs operating under this paragraph and pursue
  177  administrative or judicial action under ss. 402.310-402.312
  178  against nonpublic schools operating under this paragraph
  179  commence and maintain all proper and necessary actions and
  180  proceedings for any or all of the following purposes:
  181         a. to protect the health, sanitation, safety, and well
  182  being of all children under care.
  183         b. To enforce its rules and regulations.
  184         c. To use corrective action plans, whenever possible, to
  185  attain compliance prior to the use of more restrictive
  186  enforcement measures.
  187         d. To make application for injunction to the proper circuit
  188  court, and the judge of that court shall have jurisdiction upon
  189  hearing and for cause shown to grant a temporary or permanent
  190  injunction, or both, restraining any person from violating or
  191  continuing to violate any of the provisions of ss. 402.301
  192  402.319. Any violation of this section or of the standards
  193  applied under ss. 402.305-402.3057 which threatens harm to any
  194  child in the school’s programs for children who are at least 3
  195  years of age, but are under 5 years of age, or repeated
  196  violations of this section or the standards under ss. 402.305
  197  402.3057, shall be grounds to seek an injunction to close a
  198  program in a school.
  199         e. To impose an administrative fine, not to exceed $100,
  200  for each violation of the minimum child care standards
  201  promulgated pursuant to ss. 402.305-402.3057.
  202         4. It is a misdemeanor of the first degree, punishable as
  203  provided in s. 775.082 or s. 775.083, for any person willfully,
  204  knowingly, or intentionally to:
  205         a. Fail, by false statement, misrepresentation,
  206  impersonation, or other fraudulent means, to disclose in any
  207  required written documentation for exclusion from licensure
  208  pursuant to this section a material fact used in making a
  209  determination as to such exclusion; or
  210         b. Use information from the criminal records obtained under
  211  s. 402.305 or s. 402.3055 for any purpose other than screening
  212  that person for employment as specified in those sections or
  213  release such information to any other person for any purpose
  214  other than screening for employment as specified in those
  215  sections.
  216         5. It is a felony of the third degree, punishable as
  217  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  218  person willfully, knowingly, or intentionally to use information
  219  from the juvenile records of any person obtained under s.
  220  402.305 or s. 402.3055 for any purpose other than screening for
  221  employment as specified in those sections or to release
  222  information from such records to any other person for any
  223  purpose other than screening for employment as specified in
  224  those sections.
  225         6. The inclusion of nonpublic schools within options
  226  available under ss. 1002.55, 1002.61, and 1002.88 does not
  227  expand the regulatory authority of the state, its officers, any
  228  local licensing agency, or any early learning coalition to
  229  impose any additional regulation of nonpublic schools beyond
  230  those reasonably necessary to enforce requirements expressly
  231  specified in this paragraph.
  232         (e) The department and the nonpublic school accrediting
  233  agencies are encouraged to develop agreements to facilitate the
  234  enforcement of the minimum child care standards as they relate
  235  to the schools which the agencies accredit.
  236         Section 6. Paragraphs (a) and (d) of subsection (2),
  237  paragraph (b) of subsection (9), and subsections (10) and (18)
  238  of section 402.305, Florida Statutes, are amended to read:
  239         402.305 Licensing standards; child care facilities.—
  240         (2) PERSONNEL.—Minimum standards for child care personnel
  241  shall include minimum requirements as to:
  242         (a) Good moral character based upon screening, according to
  243  the level 2 screening requirements of. This screening shall be
  244  conducted as provided in chapter 435, using the level 2
  245  standards for screening set forth in that chapter. In addition
  246  to the offenses specified in s. 435.04, all child care personnel
  247  required to undergo background screening pursuant to this
  248  section may not have an arrest awaiting final disposition for,
  249  may not have been found guilty of, regardless of adjudication,
  250  or entered a plea of nolo contendere or guilty to, and may not
  251  have been adjudicated delinquent and have a record that has been
  252  sealed or expunged for an offense specified in s. 39.205. Before
  253  employing child care personnel subject to this section, the
  254  employer must conduct employment history checks of each of the
  255  personnel’s previous employers and document the findings. If
  256  unable to contact a previous employer, the employer must
  257  document efforts to contact the previous employer.
  258         (d) Minimum training requirements for child care personnel.
  259         1. Such minimum standards for training shall ensure that
  260  all child care personnel take an approved 40-clock-hour
  261  introductory course in child care, which course covers at least
  262  the following topic areas:
  263         a. State and local rules and regulations which govern child
  264  care.
  265         b. Health, safety, and nutrition.
  266         c. Identifying and reporting child abuse and neglect.
  267         d. Child development, including typical and atypical
  268  language, cognitive, motor, social, and self-help skills
  269  development.
  270         e. Observation of developmental behaviors, including using
  271  a checklist or other similar observation tools and techniques to
  272  determine the child’s developmental age level.
  273         f. Specialized areas, including computer technology for
  274  professional and classroom use and numeracy, early literacy, and
  275  language development of children from birth to 5 years of age,
  276  as determined by the department, for owner-operators and child
  277  care personnel of a child care facility.
  278         g. Developmental disabilities, including autism spectrum
  279  disorder and Down syndrome, and early identification, use of
  280  available state and local resources, classroom integration, and
  281  positive behavioral supports for children with developmental
  282  disabilities.
  283  
  284  Within 90 days after employment, child care personnel shall
  285  begin training to meet the training requirements pursuant to
  286  this paragraph. Child care personnel shall successfully complete
  287  such training within 1 year after the date on which the training
  288  began, as evidenced by passage of a competency examination.
  289  Successful completion of the 40-clock-hour introductory course
  290  shall articulate into community college credit in early
  291  childhood education, pursuant to ss. 1007.24 and 1007.25.
  292  Exemption from all or a portion of the required training shall
  293  be granted to child care personnel based upon educational
  294  credentials or passage of competency examinations. Child care
  295  personnel possessing a 2-year degree or higher that includes 6
  296  college credit hours in early childhood development or child
  297  growth and development, or a child development associate
  298  credential or an equivalent state-approved child development
  299  associate credential, or a child development associate waiver
  300  certificate shall be automatically exempted from the training
  301  requirements in sub-subparagraphs b., d., and e.
  302         2. The introductory course in child care shall stress, to
  303  the extent possible, an interdisciplinary approach to the study
  304  of children.
  305         3. The introductory course shall cover recognition and
  306  prevention of shaken baby syndrome; prevention of sudden infant
  307  death syndrome; recognition and care of infants and toddlers
  308  with developmental disabilities, including autism spectrum
  309  disorder and Down syndrome; and early childhood brain
  310  development within the topic areas identified in this paragraph.
  311         4. On an annual basis in order to further their child care
  312  skills and, if appropriate, administrative skills, child care
  313  personnel who have fulfilled the requirements for the child care
  314  training shall be required to take an additional 1 continuing
  315  education unit of approved inservice training, or 10 clock hours
  316  of equivalent training, as determined by the department.
  317         5. Child care personnel shall be required to complete 0.5
  318  continuing education unit of approved training or 5 clock hours
  319  of equivalent training, as determined by the department, in
  320  numeracy, early literacy, and language development of children
  321  from birth to 5 years of age one time. The year that this
  322  training is completed, it shall fulfill the 0.5 continuing
  323  education unit or 5 clock hours of the annual training required
  324  in subparagraph 4.
  325         6. Procedures for ensuring the training of qualified child
  326  care professionals to provide training of child care personnel,
  327  including onsite training, shall be included in the minimum
  328  standards. It is recommended that the state community child care
  329  coordination agencies (central agencies) be contracted by the
  330  department to coordinate such training when possible. Other
  331  district educational resources, such as community colleges and
  332  career programs, can be designated in such areas where central
  333  agencies may not exist or are determined not to have the
  334  capability to meet the coordination requirements set forth by
  335  the department.
  336         7. Training requirements do shall not apply to certain
  337  occasional or part-time support staff, including, but not
  338  limited to, swimming instructors, piano teachers, dance
  339  instructors, and gymnastics instructors.
  340         8. The department shall evaluate or contract for an
  341  evaluation for the general purpose of determining the status of
  342  and means to improve staff training requirements and testing
  343  procedures. The evaluation shall be conducted every 2 years. The
  344  evaluation must shall include, but not be limited to,
  345  determining the availability, quality, scope, and sources of
  346  current staff training; determining the need for specialty
  347  training; and determining ways to increase inservice training
  348  and ways to increase the accessibility, quality, and cost
  349  effectiveness of current and proposed staff training. The
  350  evaluation methodology must shall include a reliable and valid
  351  survey of child care personnel.
  352         9. The child care operator shall be required to take basic
  353  training in serving children with disabilities within 5 years
  354  after employment, either as a part of the introductory training
  355  or the annual 8 hours of inservice training.
  356         (9) ADMISSIONS AND RECORDKEEPING.—
  357         (b) During the months of August and September of each year,
  358  Each child care facility shall provide parents of children
  359  enrolling enrolled in the facility detailed information
  360  regarding the causes, symptoms, and transmission of the
  361  influenza virus in an effort to educate those parents regarding
  362  the importance of immunizing their children against influenza as
  363  recommended by the Advisory Committee on Immunization Practices
  364  of the Centers for Disease Control and Prevention.
  365         (10) TRANSPORTATION SAFETY.—Minimum standards must shall
  366  include requirements for child restraints or seat belts in
  367  vehicles used by child care facilities, and large family child
  368  care homes, and licensed family child care homes to transport
  369  children, requirements for annual inspections of the vehicles,
  370  limitations on the number of children in the vehicles, and
  371  accountability for children being transported.
  372         (18) TRANSFER OF OWNERSHIP.—
  373         (a) One week before prior to the transfer of ownership of a
  374  child care facility, or family child day care home, or large
  375  family child care home, the transferor shall notify the parent
  376  or caretaker of each child of the impending transfer.
  377         (b) The owner of a child care facility, family child care
  378  home, or large family child care home may not transfer ownership
  379  to a relative of the operator if the operator has had his or her
  380  license suspended or revoked by the department pursuant to s.
  381  402.310, has received notice from the department that reasonable
  382  cause exists to suspend or revoke his or her license, or has
  383  been placed on the United States Department of Agriculture
  384  National Disqualified List. For purposes of this paragraph, the
  385  term “relative” means father, mother, son, daughter,
  386  grandfather, grandmother, brother, sister, uncle, aunt, cousin,
  387  nephew, niece, husband, wife, father-in-law, mother-in-law, son
  388  in-law, daughter-in-law, brother-in-law, sister-in-law,
  389  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  390  stepsister, half brother, or half sister.
  391         (c)(b) The department shall, by rule, establish methods by
  392  which notice will be achieved and minimum standards by which to
  393  implement this subsection.
  394         Section 7. Section 402.3085, Florida Statutes, is created
  395  to read:
  396         402.3085 Certificate of substantial compliance with minimum
  397  child care standards.—Each nonpublic school or provider seeking
  398  to operate a program pursuant to s. 402.3025(2)(d) or s.
  399  402.316(4), respectively, shall annually obtain a certificate
  400  from the department or local licensing agency in the manner and
  401  on the forms prescribed by the department or local licensing
  402  agency. An annual certificate or a renewal of an annual
  403  certificate shall be issued upon an examination of the
  404  applicant’s premises and records to determine that the applicant
  405  is in substantial compliance with the minimum child care
  406  standards. A provider may not participate in these programs
  407  without this certification. Local licensing agencies may apply
  408  their own minimum child care standards if the department
  409  determines that such standards meet or exceed department
  410  standards as provided in s. 402.307.
  411         Section 8. Section 402.311, Florida Statutes, is amended to
  412  read:
  413         402.311 Inspection.—A licensed child care facility or
  414  program regulated by the department shall accord to the
  415  department or the local licensing agency, whichever is
  416  applicable, the privilege of inspection, including access to
  417  facilities and personnel and to those records required in s.
  418  402.305, at reasonable times during regular business hours, to
  419  ensure compliance with the provisions of ss. 402.301-402.319.
  420  The right of entry and inspection shall also extend to any
  421  premises which the department or local licensing agency has
  422  reason to believe are being operated or maintained as a child
  423  care facility or program without a license, but no such entry or
  424  inspection of any premises shall be made without the permission
  425  of the person in charge thereof unless a warrant is first
  426  obtained from the circuit court authorizing same. Any
  427  application for a license, application for authorization to
  428  operate a child care program which must maintain substantial
  429  compliance with child care standards adopted under this chapter,
  430  or renewal of such license or authorization, made pursuant to
  431  this act or the advertisement to the public for the provision of
  432  child care as defined in s. 402.302 constitutes shall constitute
  433  permission for any entry to or inspection of the subject
  434  premises for which the license is sought in order to facilitate
  435  verification of the information submitted on or in connection
  436  with the application. In the event a licensed facility or
  437  program refuses permission for entry or inspection to the
  438  department or local licensing agency, a warrant shall be
  439  obtained from the circuit court authorizing same before prior to
  440  such entry or inspection. The department or local licensing
  441  agency may institute disciplinary proceedings pursuant to s.
  442  402.310, for such refusal.
  443         Section 9. Section 402.3115, Florida Statutes, is amended
  444  to read:
  445         402.3115 Elimination of duplicative and unnecessary
  446  inspections; Abbreviated inspections.—The Department of Children
  447  and Families and local governmental agencies that license child
  448  care facilities shall develop and implement a plan to eliminate
  449  duplicative and unnecessary inspections of child care
  450  facilities. In addition, The department and the local licensing
  451  governmental agencies shall conduct develop and implement an
  452  abbreviated inspections of inspection plan for child care
  453  facilities licensed under s. 402.305, family child care homes
  454  licensed under s. 402.313, and large family child care homes
  455  licensed under s. 402.3131 that have had no Class I 1 or Class
  456  II violations 2 deficiencies, as defined by rule, for at least 2
  457  consecutive years. The abbreviated inspection must include those
  458  elements identified by the department and the local licensing
  459  governmental agencies as being key indicators of whether the
  460  child care facility continues to provide quality care and
  461  programming. The department shall adopt rules establishing
  462  criteria and procedures for abbreviated inspections and
  463  inspection schedules that provide for both announced and
  464  unannounced inspections.
  465         Section 10. Section 402.313, Florida Statutes, is amended
  466  to read:
  467         402.313 Family child day care homes.—
  468         (1) A family child day care home must homes shall be
  469  licensed under this section act if it is they are presently
  470  being licensed under an existing county licensing ordinance, or
  471  if the board of county commissioners passes a resolution that
  472  requires licensure of family child day care homes, or the family
  473  child care home is operating a program under s. 1002.55, s.
  474  1002.61, or s. 1002.88 be licensed. Each licensed or registered
  475  family child care home must conspicuously display its license or
  476  registration in the common area of the home.
  477         (a) If not subject to license, a family child day care home
  478  must comply with this section and homes shall register annually
  479  with the department, providing the following information:
  480         1. The name and address of the home.
  481         2. The name of the operator.
  482         3. The number of children served.
  483         4. Proof of a written plan to identify a provide at least
  484  one other competent adult who has met the screening and training
  485  requirements of the department to serve as a designated to be
  486  available to substitute for the operator in an emergency. This
  487  plan must shall include the name, address, and telephone number
  488  of the designated substitute who will serve in the absence of
  489  the operator.
  490         5. Proof of screening and background checks.
  491         6. Proof of successful completion of the 30-hour training
  492  course, as evidenced by passage of a competency examination,
  493  which shall include:
  494         a. State and local rules and regulations that govern child
  495  care.
  496         b. Health, safety, and nutrition.
  497         c. Identifying and reporting child abuse and neglect.
  498         d. Child development, including typical and atypical
  499  language development; and cognitive, motor, social, and self
  500  help skills development.
  501         e. Observation of developmental behaviors, including using
  502  a checklist or other similar observation tools and techniques to
  503  determine a child’s developmental level.
  504         f. Specialized areas, including early literacy and language
  505  development of children from birth to 5 years of age, as
  506  determined by the department, for owner-operators of family day
  507  care homes.
  508         5.7. Proof that immunization records are kept current.
  509         8. Proof of completion of the required continuing education
  510  units or clock hours.
  511  
  512  Upon receipt of registration information submitted by a family
  513  child care home pursuant to this paragraph, the department shall
  514  verify that the home is in compliance with the background
  515  screening requirements in subsection (3) and that the operator
  516  and the designated substitute are in compliance with the
  517  applicable training requirements of subsection (4).
  518         (b) A family child day care home may volunteer to be
  519  licensed under this act.
  520         (c) The department may provide technical assistance to
  521  counties and operators of family child day care homes home
  522  providers to enable counties and operators family day care
  523  providers to achieve compliance with family child day care home
  524  homes standards.
  525         (2) This information shall be included in a directory to be
  526  published annually by the department to inform the public of
  527  available child care facilities.
  528         (3) Child care personnel in family child day care homes are
  529  shall be subject to the applicable screening provisions
  530  contained in ss. 402.305(2) and 402.3055. For purposes of
  531  screening in family child day care homes, the term “child care
  532  personnel” includes the operator, the designated substitute, any
  533  member over the age of 12 years of a family child day care home
  534  operator’s family, or persons over the age of 12 years residing
  535  with the operator in the family child day care home. Members of
  536  the operator’s family, or persons residing with the operator,
  537  who are between the ages of 12 years and 18 years may shall not
  538  be required to be fingerprinted, but shall be screened for
  539  delinquency records.
  540         (4)(a) Before licensure and before caring for children,
  541  operators of family child day care homes and an individual
  542  serving as a designated substitute for the operator who works 40
  543  hours or more per month on average must:
  544         1. Successfully complete an approved 30-clock-hour
  545  introductory course in child care, as evidenced by passage of a
  546  competency examination, before caring for children. The course
  547  must include:
  548         a. State and local rules and regulations that govern child
  549  care.
  550         b. Health, safety, and nutrition.
  551         c. Identifying and reporting child abuse and neglect.
  552         d. Child development, including typical and atypical
  553  language development, and cognitive, motor, social, and
  554  executive functioning skills development.
  555         e. Observation of developmental behaviors, including using
  556  checklists or other similar observation tools and techniques to
  557  determine a child’s developmental level.
  558         f. Specialized areas, including numeracy, early literacy,
  559  and language development of children from birth to 5 years of
  560  age, as determined by the department, for operators of family
  561  child care homes.
  562         (5)In order to further develop their child care skills
  563  and, if appropriate, their administrative skills, operators of
  564  family day care homes shall be required to complete an
  565  additional 1 continuing education unit of approved training or
  566  10 clock hours of equivalent training, as determined by the
  567  department, annually.
  568         2.(6)Operators of family day care homes shall be required
  569  to Complete a 0.5 continuing education unit of approved training
  570  in numeracy, early literacy, and language development of
  571  children from birth to 5 years of age one time. For an operator,
  572  the year that this training is completed, it shall fulfill the
  573  0.5 continuing education unit or 5 clock hours of the annual
  574  training required in paragraph (c) subsection (5).
  575         3. Complete training in first aid and infant and child
  576  cardiopulmonary resuscitation as evidenced by current
  577  documentation of course completion.
  578         (b) Before licensure and before caring for children, family
  579  child care home designated substitutes who work less than 40
  580  hours per month on average must complete the department’s 6
  581  clock-hour Family Child Care Home Rules and Regulations
  582  training, as evidenced by successful completion of a competency
  583  examination and first aid and infant and child cardiopulmonary
  584  resuscitation training required under subparagraph (a)3. A
  585  designated substitute who has successfully completed the 3
  586  clock-hour Fundamentals of Child Care training established by
  587  rules of the department or the 30-clock-hour training under
  588  subparagraph (a)1. is not required to complete the 6-clock-hour
  589  Family Child Care Home Rules and Regulations training.
  590         (c) Operators of family child care homes must annually
  591  complete an additional 1 continuing education unit of approved
  592  training regarding child care and administrative skills or 10
  593  clock hours of equivalent training, as determined by the
  594  department.
  595         (5)(7) Operators of family child day care homes must shall
  596  be required annually to complete a health and safety home
  597  inspection self-evaluation checklist developed by the department
  598  in conjunction with the statewide resource and referral program.
  599  The completed checklist shall be signed by the operator of the
  600  family child day care home and provided to parents as
  601  certification that basic health and safety standards are being
  602  met.
  603         (6)(8)Operators of family child day care homes home
  604  operators may avail themselves of supportive services offered by
  605  the department.
  606         (7)(9) The department shall prepare a brochure on family
  607  child day care for distribution by the department and by local
  608  licensing agencies, if appropriate, to family child day care
  609  homes for distribution to parents using utilizing such child
  610  care, and to all interested persons, including physicians and
  611  other health professionals; mental health professionals; school
  612  teachers or other school personnel; social workers or other
  613  professional child care, foster care, residential, or
  614  institutional workers; and law enforcement officers. The
  615  brochure shall, at a minimum, contain the following information:
  616         (a) A brief description of the requirements for family
  617  child day care registration, training, and background
  618  fingerprinting and screening.
  619         (b) A listing of those counties that require licensure of
  620  family child day care homes. Such counties shall provide an
  621  addendum to the brochure that provides a brief description of
  622  the licensure requirements or may provide a brochure in lieu of
  623  the one described in this subsection, provided it contains all
  624  the required information on licensure and the required
  625  information in the subsequent paragraphs.
  626         (c) A statement indicating that information about the
  627  family child day care home’s compliance with applicable state or
  628  local requirements can be obtained from by telephoning the
  629  department office or the office of the local licensing agency,
  630  including the, if appropriate, at a telephone number or numbers
  631  and website address for the department or local licensing
  632  agency, as applicable which shall be affixed to the brochure.
  633         (d) The statewide toll-free telephone number of the central
  634  abuse hotline, together with a notice that reports of suspected
  635  and actual child physical abuse, sexual abuse, and neglect are
  636  received and referred for investigation by the hotline.
  637         (e) Any other information relating to competent child care
  638  that the department or local licensing agency, if preparing a
  639  separate brochure, considers deems would be helpful to parents
  640  and other caretakers in their selection of a family child day
  641  care home.
  642         (8)(10) On an annual basis, the department shall evaluate
  643  the registration and licensure system for family child day care
  644  homes. Such evaluation shall, at a minimum, address the
  645  following:
  646         (a) The number of family child day care homes registered
  647  and licensed and the dates of such registration and licensure.
  648         (b) The number of children being served in both registered
  649  and licensed family child day care homes and any available slots
  650  in such homes.
  651         (c) The number of complaints received concerning family
  652  child day care, the nature of the complaints, and the resolution
  653  of such complaints.
  654         (d) The training activities used utilized by child care
  655  personnel in family child day care homes for meeting the state
  656  or local training requirements.
  657  
  658  The evaluation, pursuant to this subsection, shall be used
  659  utilized by the department in any administrative modifications
  660  or adjustments to be made in the registration of family child
  661  day care homes or in any legislative requests for modifications
  662  to the system of registration or to other requirements for
  663  family child day care homes.
  664         (11) In order to inform the public of the state requirement
  665  for registration of family day care homes as well as the other
  666  requirements for such homes to legally operate in the state, the
  667  department shall institute a media campaign to accomplish this
  668  end. Such a campaign shall include, at a minimum, flyers,
  669  newspaper advertisements, radio advertisements, and television
  670  advertisements.
  671         (9)(12) Notwithstanding any other state or local law or
  672  ordinance, any family child day care home licensed pursuant to
  673  this chapter or pursuant to a county ordinance shall be charged
  674  the utility rates accorded to a residential home. A licensed
  675  family child day care home may not be charged commercial utility
  676  rates.
  677         (10)(13) The department shall, by rule, establish minimum
  678  standards for family child day care homes that are required to
  679  be licensed by county licensing ordinance or county licensing
  680  resolution or that voluntarily choose to be licensed. The
  681  standards should include requirements for staffing, training,
  682  maintenance of immunization records, minimum health and safety
  683  standards, reduced standards for the regulation of child care
  684  during evening hours by municipalities and counties, and
  685  enforcement of standards. Additionally, the department shall, by
  686  rule, adopt procedures for verifying a registered family child
  687  care home’s compliance with background screening and training
  688  requirements.
  689         (11)(14)During the months of August and September of each
  690  year, Each family child day care home shall provide parents of
  691  children enrolling enrolled in the home detailed information
  692  regarding the causes, symptoms, and transmission of the
  693  influenza virus in an effort to educate those parents regarding
  694  the importance of immunizing their children against influenza as
  695  recommended by the Advisory Committee on Immunization Practices
  696  of the Centers for Disease Control and Prevention.
  697         Section 11. Subsections (1), (3), (5), and (9) of section
  698  402.3131, Florida Statutes, are amended, and subsection (10) is
  699  added to that section, to read:
  700         402.3131 Large family child care homes.—
  701         (1) A large family child care home must homes shall be
  702  licensed under this section and conspicuously display its
  703  license in the common area of the home.
  704         (3) Operators of large family child care homes must
  705  successfully complete an approved 40-clock-hour introductory
  706  course in group child care, including numeracy, early literacy,
  707  and language development of children from birth to 5 years of
  708  age, as evidenced by passage of a competency examination.
  709  Successful completion of the 40-clock-hour introductory course
  710  shall articulate into community college credit in early
  711  childhood education, pursuant to ss. 1007.24 and 1007.25.
  712         (5) Operators of large family child care homes shall be
  713  required to complete 0.5 continuing education unit of approved
  714  training or 5 clock hours of equivalent training, as determined
  715  by the department, in numeracy, early literacy, and language
  716  development of children from birth to 5 years of age one time.
  717  The year that this training is completed, it shall fulfill the
  718  0.5 continuing education unit or 5 clock hours of the annual
  719  training required in subsection (4).
  720         (9) During the months of August and September of each year,
  721  Each large family child care home shall provide parents of
  722  children enrolling enrolled in the home detailed information
  723  regarding the causes, symptoms, and transmission of the
  724  influenza virus in an effort to educate those parents regarding
  725  the importance of immunizing their children against influenza as
  726  recommended by the Advisory Committee on Immunization Practices
  727  of the Centers for Disease Control and Prevention.
  728         (10) Notwithstanding any other state or local law or
  729  ordinance, a large family child care home licensed pursuant to
  730  this chapter or pursuant to a county ordinance shall be charged
  731  the utility rates accorded to a residential home. Such a home
  732  may not be charged commercial utility rates.
  733         Section 12. Subsections (4), (5), and (6) are added to
  734  section 402.316, Florida Statutes, to read:
  735         402.316 Exemptions.—
  736         (4) A child care facility operating under subsection (1)
  737  which is applying to operate or is operating as a provider of a
  738  program described in s. 1002.55, s. 1002.61, or s. 1002.88 must
  739  substantially comply with the minimum standards for child care
  740  facilities adopted pursuant to ss. 402.305-402.3057 and must
  741  allow the department or local licensing agency access to monitor
  742  and enforce compliance with such standards.
  743         (a) The department or local licensing agency may pursue
  744  administrative or judicial action under ss. 402.310-402.312 and
  745  the rules adopted under those sections against any child care
  746  facility operating under this subsection to enforce substantial
  747  compliance with child care facility minimum standards or to
  748  protect the health, safety, and well-being of any child in the
  749  facility’s care. A child care facility operating under this
  750  subsection is subject to ss. 402.310-402.312 and the rules
  751  adopted under those sections to the same extent as a child care
  752  facility licensed under ss. 402.301–402.319.
  753         (b) It is a misdemeanor of the first degree, punishable as
  754  provided in s. 775.082 or s. 775.083, for a person willfully,
  755  knowingly, or intentionally to:
  756         1. Fail, by false statement, misrepresentation,
  757  impersonation, or other fraudulent means, to disclose in any
  758  required written documentation for exclusion from licensure
  759  pursuant to this section a material fact used in making a
  760  determination as to such exclusion; or
  761         2. Use information from the criminal records obtained under
  762  s. 402.305 or s. 402.3055 for a purpose other than screening the
  763  subject of those records for employment as specified in those
  764  sections or to release such information to any other person for
  765  a purpose other than screening for employment as specified in
  766  those sections.
  767         (c) It is a felony of the third degree, punishable as
  768  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
  769  willfully, knowingly, or intentionally to use information from
  770  the juvenile records of a person obtained under s. 402.305 or s.
  771  402.3055 for a purpose other than screening for employment as
  772  specified in those sections or to release information from such
  773  records to any other person for a purpose other than screening
  774  for employment as specified in those sections.
  775         (5) The department shall establish a fee for inspection and
  776  compliance activities performed pursuant to this section in an
  777  amount sufficient to cover costs. However, the amount of such
  778  fee for the inspection of a program may not exceed the fee
  779  imposed for child care licensure pursuant to s. 402.315.
  780         (6) The inclusion of a child care facility operating under
  781  subsection (1) as a provider of a program described in s.
  782  1002.55, s. 1002.61, or s. 1002.88 does not expand the
  783  regulatory authority of the state, its officers, any local
  784  licensing agency, or any early learning coalition to impose any
  785  additional regulation of child care facilities beyond those
  786  reasonably necessary to enforce requirements expressly included
  787  in this section.
  788         Section 13. Section 627.70161, Florida Statutes, is amended
  789  to read:
  790         627.70161 Residential property insurance coverage; family
  791  child day care homes and large family child care homes
  792  insurance.—
  793         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  794  family child day care homes and large family child care homes
  795  fulfill a vital role in providing child care in Florida. It is
  796  the intent of the Legislature that residential property
  797  insurance coverage should not be canceled, denied, or nonrenewed
  798  solely because child on the basis of the family day care
  799  services are provided at the residence. The Legislature also
  800  recognizes that the potential liability of residential property
  801  insurers is substantially increased by the rendition of child
  802  care services on the premises. The Legislature therefore finds
  803  that there is a public need to specify that contractual
  804  liabilities associated that arise in connection with the
  805  operation of a the family child day care home or large family
  806  child care home are excluded from residential property insurance
  807  policies unless they are specifically included in such coverage.
  808         (2) DEFINITIONS.—As used in this section, the term:
  809         (a) “Child care” means the care, protection, and
  810  supervision of a child, for a period of up to less than 24 hours
  811  a day on a regular basis, which supplements parental care,
  812  enrichment, and health supervision for the child, in accordance
  813  with his or her individual needs, and for which a payment, fee,
  814  or grant is made for care.
  815         (b) “Family child day care home” has the same meaning as
  816  provided in s. 402.302 means an occupied residence in which
  817  child care is regularly provided for children from at least two
  818  unrelated families and which receives a payment, fee, or grant
  819  for any of the children receiving care, whether or not operated
  820  for a profit.
  821         (c) “Large family child care home” has the same meaning as
  822  provided in s. 402.302.
  823         (3) FAMILY CHILD DAY CARE; COVERAGE.—A residential property
  824  insurance policy may shall not provide coverage for liability
  825  for claims arising out of, or in connection with, the operation
  826  of a family child day care home or large family child care home,
  827  and the insurer shall be under no obligation to defend against
  828  lawsuits covering such claims, unless:
  829         (a) Specifically covered in a policy; or
  830         (b) Covered by a rider or endorsement for business coverage
  831  attached to a policy.
  832         (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
  833  insurer may not deny, cancel, or refuse to renew a policy for
  834  residential property insurance solely on the basis that the
  835  policyholder or applicant operates a family child day care home
  836  or a large family child care home. In addition to other lawful
  837  reasons for refusing to insure, an insurer may deny, cancel, or
  838  refuse to renew a policy of a family child day care home or
  839  large family child care home provider if one or more of the
  840  following conditions occur:
  841         (a) The policyholder or applicant provides care for more
  842  children than authorized for family child day care homes or
  843  large family child care homes by s. 402.302;
  844         (b) The policyholder or applicant fails to maintain a
  845  separate commercial liability policy or an endorsement providing
  846  liability coverage for the family child day care home or large
  847  family child care home operations;
  848         (c) The policyholder or applicant fails to comply with the
  849  family child day care home licensure and registration
  850  requirements specified in s. 402.313 or the large family child
  851  care home licensure requirements specified in s. 402.3131; or
  852         (d) Discovery of willful or grossly negligent acts or
  853  omissions or any violations of state laws or regulations
  854  establishing safety standards for family child day care homes
  855  and large family child care homes by the named insured or his or
  856  her representative which materially increase any of the risks
  857  insured.
  858         Section 14. Subsections (7), (8), and (9) are added to
  859  section 1001.213, Florida Statutes, to read:
  860         1001.213 Office of Early Learning.—There is created within
  861  the Office of Independent Education and Parental Choice the
  862  Office of Early Learning, as required under s. 20.15, which
  863  shall be administered by an executive director. The office shall
  864  be fully accountable to the Commissioner of Education but shall:
  865         (7) Hire a general counsel who reports directly to the
  866  executive director of the office.
  867         (8) Hire an inspector general who reports directly to the
  868  executive director of the office and to the Chief Inspector
  869  General pursuant to s. 14.32.
  870         (9) By July 1, 2017, develop and implement, in consultation
  871  with early learning coalitions and providers of the Voluntary
  872  Prekindergarten Education Program and the school readiness
  873  program, best practices for providing parental notifications in
  874  the parent’s native language to a parent whose native language
  875  is a language other than English.
  876         Section 15. Subsection (4) of section 1002.53, Florida
  877  Statutes, is amended to read:
  878         1002.53 Voluntary Prekindergarten Education Program;
  879  eligibility and enrollment.—
  880         (4)(a) Each parent enrolling a child in the Voluntary
  881  Prekindergarten Education Program must complete and submit an
  882  application to the early learning coalition through the single
  883  point of entry established under s. 1002.82 or to a private
  884  prekindergarten provider if the provider is authorized by the
  885  early learning coalition to determine student eligibility for
  886  enrollment in the program.
  887         (b) The application must be submitted on forms prescribed
  888  by the Office of Early Learning and must be accompanied by a
  889  certified copy of the child’s birth certificate. The forms must
  890  include a certification, in substantially the form provided in
  891  s. 1002.71(6)(b)2., that the parent chooses the private
  892  prekindergarten provider or public school in accordance with
  893  this section and directs that payments for the program be made
  894  to the provider or school. The Office of Early Learning may
  895  authorize alternative methods for submitting proof of the
  896  child’s age in lieu of a certified copy of the child’s birth
  897  certificate.
  898         (c) If a private prekindergarten provider has been
  899  authorized to determine child eligibility and enrollment, upon
  900  receipt of an application, the provider must:
  901         1. Determine the child’s eligibility for the program and be
  902  responsible for any errors in such determination.
  903         2. Retain the original application and certified copy of
  904  the child’s birth certificate or authorized alternative proof of
  905  age on file for at least 5 years.
  906  
  907  Pursuant to this paragraph, the early learning coalition may
  908  audit applications held by a private prekindergarten provider in
  909  the coalition’s service area to determine whether children
  910  enrolled and reported for funding by the provider have met the
  911  eligibility criteria in subsection (2).
  912         (d)(c) Each early learning coalition shall coordinate with
  913  each of the school districts within the coalition’s county or
  914  multicounty region in the development of procedures for
  915  enrolling children in prekindergarten programs delivered by
  916  public schools, including procedures for making child
  917  eligibility determinations and auditing enrollment records to
  918  confirm that enrolled children have met eligibility
  919  requirements.
  920         Section 16. Section 1002.55, Florida Statutes, is amended
  921  to read:
  922         1002.55 School-year prekindergarten program delivered by
  923  private prekindergarten providers.—
  924         (1) Each early learning coalition shall administer the
  925  Voluntary Prekindergarten Education Program at the county or
  926  regional level for students enrolled under s. 1002.53(3)(a) in a
  927  school-year prekindergarten program delivered by a private
  928  prekindergarten provider. Each early learning coalition shall
  929  cooperate with the Office of Early Learning and the Child Care
  930  Services Program Office of the Department of Children and
  931  Families to reduce paperwork and to avoid duplicating
  932  interagency activities, health and safety monitoring, and
  933  acquiring and composing data pertaining to child care training
  934  and credentialing.
  935         (2) Each school-year prekindergarten program delivered by a
  936  private prekindergarten provider must comprise at least 540
  937  instructional hours.
  938         (3) To be eligible to deliver the prekindergarten program,
  939  a private prekindergarten provider must meet each of the
  940  following requirements:
  941         (a) The private prekindergarten provider must be a child
  942  care facility licensed under s. 402.305, family day care home
  943  licensed under s. 402.313, large family child care home licensed
  944  under s. 402.3131, nonpublic school exempt from licensure under
  945  s. 402.3025(2), or faith-based child care provider exempt from
  946  licensure under s. 402.316.
  947         (a)(b) The private prekindergarten provider must:
  948         1. Be accredited by an accrediting association that is a
  949  member of the National Council for Private School Accreditation,
  950  or the Florida Association of Academic Nonpublic Schools, or be
  951  accredited by the Southern Association of Colleges and Schools,
  952  or Western Association of Colleges and Schools, or North Central
  953  Association of Colleges and Schools, or Middle States
  954  Association of Colleges and Schools, or New England Association
  955  of Colleges and Schools; and have written accreditation
  956  standards that meet or exceed the state’s licensing requirements
  957  under s. 402.305, s. 402.313, or s. 402.3131 and require at
  958  least one onsite visit to the provider or school before
  959  accreditation is granted;
  960         2. Hold a current Gold Seal Quality Care designation under
  961  s. 402.281; or
  962         3. Be licensed under s. 402.305, s. 402.313, or s.
  963  402.3131; or
  964         4. Be a child development center located on a military
  965  installation that is certified by the United States Department
  966  of Defense.
  967         (b) The private prekindergarten provider must provide basic
  968  health and safety on its premises and in its facilities. For a
  969  public school, compliance with ss. 1003.22 and 1013.12 satisfies
  970  this requirement. For a nonpublic school, compliance with s.
  971  402.3025(2)(d) satisfies this requirement. For a child care
  972  facility, a licensed family child care home, or a large family
  973  child care home, compliance with s. 402.305, s. 402.313, or s.
  974  402.3131, respectively, satisfies this requirement. For a
  975  facility exempt from licensure, compliance with s. 402.316(4)
  976  satisfies this requirement and demonstrate, before delivering
  977  the Voluntary Prekindergarten Education Program, as verified by
  978  the early learning coalition, that the provider meets each of
  979  the requirements of the program under this part, including, but
  980  not limited to, the requirements for credentials and background
  981  screenings of prekindergarten instructors under paragraphs (c)
  982  and (d), minimum and maximum class sizes under paragraph (f),
  983  prekindergarten director credentials under paragraph (g), and a
  984  developmentally appropriate curriculum under s. 1002.67(2)(b).
  985         (c) The private prekindergarten provider must have, for
  986  each prekindergarten class of 11 children or fewer, at least one
  987  prekindergarten instructor who meets each of the following
  988  requirements:
  989         1. The prekindergarten instructor must hold, at a minimum,
  990  one of the following credentials:
  991         a. A child development associate credential issued by the
  992  National Credentialing Program of the Council for Professional
  993  Recognition; or
  994         b. A credential approved by the Department of Children and
  995  Families, pursuant to s. 402.305(3)(c), as being equivalent to
  996  or greater than the credential described in sub-subparagraph a.;
  997         c. An associate or higher degree in child development;
  998         d. An associate or higher degree in an unrelated field, at
  999  least 6 credit hours in early childhood education or child
 1000  development, and at least 480 hours of experience in teaching or
 1001  providing child care services for children of any age from birth
 1002  through 8 years of age;
 1003         e. A baccalaureate or higher degree in early childhood
 1004  education, prekindergarten or primary education, preschool
 1005  education, or family and consumer science;
 1006         f. A baccalaureate or higher degree in family and child
 1007  science and at least 480 hours of experience in teaching or
 1008  providing child care services for children of any age from birth
 1009  through 8 years of age;
 1010         g. A baccalaureate or higher degree in elementary education
 1011  if the prekindergarten instructor has been certified to teach
 1012  children of any age from birth through grade 6, regardless of
 1013  whether the instructor’s educator certificate is current, and if
 1014  the instructor is not ineligible to teach in a public school
 1015  because his or her educator certificate is suspended or revoked;
 1016  or
 1017         h. A credential approved by the department as being
 1018  equivalent to or greater than a credential described in sub
 1019  subparagraphs a.-f. The department may adopt criteria and
 1020  procedures for approving such equivalent credentials.
 1021  
 1022  The Department of Children and Families may adopt rules under
 1023  ss. 120.536(1) and 120.54 which provide criteria and procedures
 1024  for approving equivalent credentials under sub-subparagraph b.
 1025         2. The prekindergarten instructor must successfully
 1026  complete an emergent literacy training course and a student
 1027  performance standards training course approved by the office as
 1028  meeting or exceeding the minimum standards adopted under s.
 1029  1002.59. The requirement for completion of the standards
 1030  training course shall take effect July 1, 2016 2014, and the
 1031  course shall be available online.
 1032         (d) Each prekindergarten instructor employed by the private
 1033  prekindergarten provider must be of good moral character, must
 1034  undergo background screening pursuant to s. 402.305(2)(a) be
 1035  screened using the level 2 screening standards in s. 435.04
 1036  before employment, must be and rescreened at least once every 5
 1037  years, must be denied employment or terminated if required under
 1038  s. 435.06, and must not be ineligible to teach in a public
 1039  school because his or her educator certificate is suspended or
 1040  revoked.
 1041         (e) A private prekindergarten provider may assign a
 1042  substitute instructor to temporarily replace a credentialed
 1043  instructor if the credentialed instructor assigned to a
 1044  prekindergarten class is absent, as long as the substitute
 1045  instructor meets the requirements of paragraph (d) is of good
 1046  moral character and has been screened before employment in
 1047  accordance with level 2 background screening requirements in
 1048  chapter 435. The Office of Early Learning shall adopt rules to
 1049  implement this paragraph which shall include required
 1050  qualifications of substitute instructors and the circumstances
 1051  and time limits for which a private prekindergarten provider may
 1052  assign a substitute instructor.
 1053         (f) Each of the private prekindergarten provider’s
 1054  prekindergarten classes must be composed of at least 4 students
 1055  but may not exceed 20 students. In order to protect the health
 1056  and safety of students, each private prekindergarten provider
 1057  must also provide appropriate adult supervision for students at
 1058  all times and, for each prekindergarten class composed of 12 or
 1059  more students, must have, in addition to a prekindergarten
 1060  instructor who meets the requirements of paragraph (c), at least
 1061  one adult prekindergarten instructor who is not required to meet
 1062  those requirements but who must meet each requirement of s.
 1063  402.305(2) paragraph (d). This paragraph does not supersede any
 1064  requirement imposed on a provider under ss. 402.301-402.319.
 1065         (g) The private prekindergarten provider must have a
 1066  prekindergarten director who has a prekindergarten director
 1067  credential that is approved by the office as meeting or
 1068  exceeding the minimum standards adopted under s. 1002.57.
 1069  Successful completion of a child care facility director
 1070  credential under s. 402.305(2)(f) before the establishment of
 1071  the prekindergarten director credential under s. 1002.57 or July
 1072  1, 2006, whichever occurs later, satisfies the requirement for a
 1073  prekindergarten director credential under this paragraph.
 1074         (h) The private prekindergarten provider must register with
 1075  the early learning coalition on forms prescribed by the Office
 1076  of Early Learning.
 1077         (i) The private prekindergarten provider must execute the
 1078  statewide provider contract prescribed under s. 1002.75, except
 1079  that an individual who owns or operates multiple private
 1080  prekindergarten providers within a coalition’s service area may
 1081  execute a single agreement with the coalition on behalf of each
 1082  provider.
 1083         (j) The private prekindergarten provider must maintain
 1084  general liability insurance and provide the coalition with
 1085  written evidence of general liability insurance coverage,
 1086  including coverage for transportation of children if
 1087  prekindergarten students are transported by the provider. A
 1088  provider must obtain and retain an insurance policy that
 1089  provides a minimum of $100,000 of coverage per occurrence and a
 1090  minimum of $300,000 general aggregate coverage. The office may
 1091  authorize lower limits upon request, as appropriate. A provider
 1092  must add the coalition as a named certificateholder and as an
 1093  additional insured. A provider must provide the coalition with a
 1094  minimum of 10 calendar days’ advance written notice of
 1095  cancellation of or changes to coverage. The general liability
 1096  insurance required by this paragraph must remain in full force
 1097  and effect for the entire period of the provider contract with
 1098  the coalition.
 1099         (k) The private prekindergarten provider must obtain and
 1100  maintain any required workers’ compensation insurance under
 1101  chapter 440 and any required reemployment assistance or
 1102  unemployment compensation coverage under chapter 443, unless
 1103  exempt under state or federal law.
 1104         (l) Notwithstanding paragraph (j), for a private
 1105  prekindergarten provider that is a state agency or a subdivision
 1106  thereof, as defined in s. 768.28(2), the provider must agree to
 1107  notify the coalition of any additional liability coverage
 1108  maintained by the provider in addition to that otherwise
 1109  established under s. 768.28. The provider shall indemnify the
 1110  coalition to the extent permitted by s. 768.28.
 1111         (m) The private prekindergarten provider shall be denied
 1112  initial eligibility to offer the program if the provider has
 1113  been cited for a Class I violation in the 12 months before
 1114  seeking eligibility. An existing provider that is cited for a
 1115  Class I violation may not have its eligibility renewed for 12
 1116  months. This paragraph does not apply if the Department of
 1117  Children and Families or local licensing agency upon final
 1118  disposition of a Class I violation has rescinded its initial
 1119  citation in accordance with the criteria for consideration
 1120  outlined in s. 1002.75(1)(b).
 1121         (n)(m) The private prekindergarten provider must deliver
 1122  the Voluntary Prekindergarten Education Program in accordance
 1123  with this part and have child disciplinary policies that
 1124  prohibit children from being subjected to discipline that is
 1125  severe, humiliating, frightening, or associated with food, rest,
 1126  toileting, spanking, or any other form of physical punishment as
 1127  provided in s. 402.305(12).
 1128         (o)Beginning January 1, 2016, at least 50 percent of the
 1129  instructors employed by a prekindergarten provider at each
 1130  location, who are responsible for supervising children in care,
 1131  must be trained in first aid and infant and child
 1132  cardiopulmonary resuscitation, as evidenced by current
 1133  documentation of course completion. As a condition of
 1134  employment, instructors hired on or after January 1, 2016, must
 1135  complete this training within 60 days after employment.
 1136         (p) Beginning January 1, 2017, the private prekindergarten
 1137  provider must employ child care personnel who hold a high school
 1138  diploma or its equivalent and are at least 18 years of age,
 1139  unless the personnel are not responsible for supervising
 1140  children in care or are under direct supervision.
 1141         (4) A prekindergarten instructor, in lieu of the minimum
 1142  credentials and courses required under paragraph (3)(c), may
 1143  hold one of the following educational credentials:
 1144         (a) A bachelor’s or higher degree in early childhood
 1145  education, prekindergarten or primary education, preschool
 1146  education, or family and consumer science;
 1147         (b) A bachelor’s or higher degree in elementary education,
 1148  if the prekindergarten instructor has been certified to teach
 1149  children any age from birth through 6th grade, regardless of
 1150  whether the instructor’s educator certificate is current, and if
 1151  the instructor is not ineligible to teach in a public school
 1152  because his or her educator certificate is suspended or revoked;
 1153         (c) An associate’s or higher degree in child development;
 1154         (d) An associate’s or higher degree in an unrelated field,
 1155  at least 6 credit hours in early childhood education or child
 1156  development, and at least 480 hours of experience in teaching or
 1157  providing child care services for children any age from birth
 1158  through 8 years of age; or
 1159         (e) An educational credential approved by the department as
 1160  being equivalent to or greater than an educational credential
 1161  described in this subsection. The department may adopt criteria
 1162  and procedures for approving equivalent educational credentials
 1163  under this paragraph.
 1164         (5) Notwithstanding paragraph (3)(b), a private
 1165  prekindergarten provider may not participate in the Voluntary
 1166  Prekindergarten Education Program if the provider has child
 1167  disciplinary policies that do not prohibit children from being
 1168  subjected to discipline that is severe, humiliating,
 1169  frightening, or associated with food, rest, toileting, spanking,
 1170  or any other form of physical punishment as provided in s.
 1171  402.305(12).
 1172         Section 17. Subsection (1) of section 1002.59, Florida
 1173  Statutes, is amended to read:
 1174         1002.59 Emergent literacy and performance standards
 1175  training courses.—
 1176         (1) The office shall adopt minimum standards for one or
 1177  more training courses in emergent literacy for prekindergarten
 1178  instructors. Each course must comprise 5 clock hours and provide
 1179  instruction in strategies and techniques to address the age
 1180  appropriate progress of prekindergarten students in developing
 1181  emergent literacy skills, including oral communication,
 1182  knowledge of print and letters, phonemic and phonological
 1183  awareness, and vocabulary and comprehension development. Each
 1184  course must also provide resources containing strategies that
 1185  allow students with disabilities and other special needs to
 1186  derive maximum benefit from the Voluntary Prekindergarten
 1187  Education Program. Successful completion of an emergent literacy
 1188  training course approved under this section satisfies
 1189  requirements for approved training in early literacy and
 1190  language development under ss. 402.305(2)(d)5., 402.313(4)(a)2.
 1191  402.313(6), and 402.3131(5).
 1192         Section 18. Subsections (4) through (7) of section 1002.61,
 1193  Florida Statutes, are amended to read:
 1194         1002.61 Summer prekindergarten program delivered by public
 1195  schools and private prekindergarten providers.—
 1196         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
 1197  Each public school and private prekindergarten provider that
 1198  delivers the summer prekindergarten program must have, for each
 1199  prekindergarten class, at least one prekindergarten instructor
 1200  who is a certified teacher or holds one of the educational
 1201  credentials specified in s. 1002.55(3)(c)1.e.-h. s.
 1202  1002.55(4)(a) or (b). As used in this subsection, the term
 1203  “certified teacher” means a teacher holding a valid Florida
 1204  educator certificate under s. 1012.56 who has the qualifications
 1205  required by the district school board to instruct students in
 1206  the summer prekindergarten program. In selecting instructional
 1207  staff for the summer prekindergarten program, each school
 1208  district shall give priority to teachers who have experience or
 1209  coursework in early childhood education.
 1210         (5) Each prekindergarten instructor employed by a public
 1211  school or private prekindergarten provider delivering the summer
 1212  prekindergarten program must be of good moral character, must
 1213  undergo background screening pursuant to s. 402.305(2)(a) be
 1214  screened using the level 2 screening standards in s. 435.04
 1215  before employment, must be and rescreened at least once every 5
 1216  years, and must be denied employment or terminated if required
 1217  under s. 435.06. Each prekindergarten instructor employed by a
 1218  public school delivering the summer prekindergarten program, and
 1219  must satisfy the not be ineligible to teach in a public school
 1220  because his or her educator certificate is suspended or revoked.
 1221  This subsection does not supersede employment requirements for
 1222  instructional personnel in public schools as provided in s.
 1223  1012.32 which are more stringent than the requirements of this
 1224  subsection.
 1225         (6) A public school or private prekindergarten provider may
 1226  assign a substitute instructor to temporarily replace a
 1227  credentialed instructor if the credentialed instructor assigned
 1228  to a prekindergarten class is absent, as long as the substitute
 1229  instructor meets the requirements of subsection (5) is of good
 1230  moral character and has been screened before employment in
 1231  accordance with level 2 background screening requirements in
 1232  chapter 435. This subsection does not supersede employment
 1233  requirements for instructional personnel in public schools which
 1234  are more stringent than the requirements of this subsection. The
 1235  Office of Early Learning shall adopt rules to implement this
 1236  subsection which must shall include required qualifications of
 1237  substitute instructors and the circumstances and time limits for
 1238  which a public school or private prekindergarten provider may
 1239  assign a substitute instructor.
 1240         (7) Notwithstanding ss. 1002.55(3)(e) ss. 1002.55(3)(f) and
 1241  1002.63(7), each prekindergarten class in the summer
 1242  prekindergarten program, regardless of whether the class is a
 1243  public school’s or private prekindergarten provider’s class,
 1244  must be composed of at least 4 students but may not exceed 12
 1245  students beginning with the 2009 summer session. In order to
 1246  protect the health and safety of students, each public school or
 1247  private prekindergarten provider must also provide appropriate
 1248  adult supervision for students at all times. This subsection
 1249  does not supersede any requirement imposed on a provider under
 1250  ss. 402.301-402.319.
 1251         Section 19. Subsections (5) and (6) of section 1002.63,
 1252  Florida Statutes, are amended to read:
 1253         1002.63 School-year prekindergarten program delivered by
 1254  public schools.—
 1255         (5) Each prekindergarten instructor employed by a public
 1256  school delivering the school-year prekindergarten program must
 1257  satisfy the be of good moral character, must be screened using
 1258  the level 2 screening standards in s. 435.04 before employment
 1259  and rescreened at least once every 5 years, must be denied
 1260  employment or terminated if required under s. 435.06, and must
 1261  not be ineligible to teach in a public school because his or her
 1262  educator certificate is suspended or revoked. This subsection
 1263  does not supersede employment requirements for instructional
 1264  personnel in public schools as provided in s. 1012.32 which are
 1265  more stringent than the requirements of this subsection.
 1266         (6) A public school prekindergarten provider may assign a
 1267  substitute instructor to temporarily replace a credentialed
 1268  instructor if the credentialed instructor assigned to a
 1269  prekindergarten class is absent, as long as the substitute
 1270  instructor meets the requirements of subsection (5) is of good
 1271  moral character and has been screened before employment in
 1272  accordance with level 2 background screening requirements in
 1273  chapter 435. This subsection does not supersede employment
 1274  requirements for instructional personnel in public schools which
 1275  are more stringent than the requirements of this subsection. The
 1276  Office of Early Learning shall adopt rules to implement this
 1277  subsection which must shall include required qualifications of
 1278  substitute instructors and the circumstances and time limits for
 1279  which a public school prekindergarten provider may assign a
 1280  substitute instructor.
 1281         Section 20. Paragraph (a) of subsection (6) of section
 1282  1002.71, Florida Statutes, is amended to read:
 1283         1002.71 Funding; financial and attendance reporting.—
 1284         (6)(a) Each parent enrolling his or her child in the
 1285  Voluntary Prekindergarten Education Program must agree to comply
 1286  with the attendance policy of the private prekindergarten
 1287  provider or district school board, as applicable. Upon
 1288  enrollment of the child, the private prekindergarten provider or
 1289  public school, as applicable, must provide the child’s parent
 1290  with program information, including, but not limited to, child
 1291  development, expectations for parent engagement, the daily
 1292  schedule, and the a copy of the provider’s or school district’s
 1293  attendance policy, which must include procedures for contacting
 1294  a parent on the second consecutive day a child is absent for
 1295  which the reason is unknown as applicable.
 1296         Section 21. Subsection (1) of section 1002.75, Florida
 1297  Statutes, is amended to read:
 1298         1002.75 Office of Early Learning; powers and duties.—
 1299         (1) The Office of Early Learning shall adopt by rule a
 1300  standard statewide provider contract to be used with each
 1301  Voluntary Prekindergarten Education Program provider, with
 1302  standardized attachments by provider type. The office shall
 1303  publish a copy of the standard statewide provider contract on
 1304  its website. The standard statewide contract must shall include,
 1305  at a minimum, provisions that:
 1306         (a) Govern for provider probation, termination for cause,
 1307  and emergency termination for those actions or inactions of a
 1308  provider that pose an immediate and serious danger to the
 1309  health, safety, or welfare of children. The standard statewide
 1310  contract must shall also include appropriate due process
 1311  procedures. During the pendency of an appeal of a termination,
 1312  the provider may not continue to offer its services.
 1313         (b) Require each private prekindergarten provider to notify
 1314  the parent of each child in care if it is cited for a Class I
 1315  violation as defined by rule of the Department of Children and
 1316  Families. Notice shall be initiated only upon final disposition
 1317  of a Class I violation. The provider shall notify the department
 1318  within 24 hours of its intent to appeal the Class I violation
 1319  issued, and final disposition shall occur within 15 calendar
 1320  days. In determining the final disposition, the department shall
 1321  consider the entire licensing history of the provider, whether
 1322  the provider promptly reported the incident upon actual notice,
 1323  and whether the employee responsible for the violation was
 1324  terminated or the violation was corrected by the provider. If a
 1325  provider does not file its intent to appeal the Class I
 1326  violation, the provider must provide notice of a Class I
 1327  violation electronically or in writing to the parent within 48
 1328  hours after receipt of the Class I violation. Such notice shall
 1329  describe each violation with specificity in simple language and
 1330  include a copy of the citation and the contact information of
 1331  the Department of Children and Families or local licensing
 1332  agency where the parent may obtain additional information
 1333  regarding the citation. Notice of a Class I violation by the
 1334  provider must be provided electronically or in writing to the
 1335  parent within 24 hours after receipt of the final disposition of
 1336  the Class I violation. A private prekindergarten provider must
 1337  conspicuously post each citation for a violation that results in
 1338  disciplinary action on the premises in an area visible to
 1339  parents pursuant to s. 402.3125(1)(b). Additionally, such a
 1340  provider must post each inspection report on the premises in an
 1341  area visible to parents, and such report must remain posted
 1342  until the next inspection report is available.
 1343         (c) Specify that child care personnel employed by the
 1344  provider who are responsible for supervising children in care
 1345  must be trained in developmentally appropriate practices aligned
 1346  to the age and needs of children over which the personnel are
 1347  assigned supervision duties. This requirement is met by the
 1348  completion of developmentally appropriate practice courses
 1349  administered by the Department of Children and Families under s.
 1350  402.305(2)(d)1. within 30 days after being assigned such
 1351  children if the child care personnel has not previously
 1352  completed the training.
 1353  
 1354  Any provision imposed upon a provider that is inconsistent with,
 1355  or prohibited by, law is void and unenforceable.
 1356         Section 22. Subsections (1), (3), and (5) of section
 1357  1002.77, Florida Statutes, are amended to read:
 1358         1002.77 Florida Early Learning Advisory Council.—
 1359         (1) There is created the Florida Early Learning Advisory
 1360  Council within the Office of Early Learning. The purpose of the
 1361  advisory council is to provide written input submit
 1362  recommendations to the executive director office on early
 1363  learning best practices, including recommendations relating to
 1364  the most effective program administration; of the Voluntary
 1365  Prekindergarten Education Program under this part and the school
 1366  readiness program under part VI of this chapter. The advisory
 1367  council shall periodically analyze and provide recommendations
 1368  to the office on the effective and efficient use of local,
 1369  state, and federal funds; the content of professional
 1370  development training programs; and best practices for the
 1371  development and implementation of coalition plans pursuant to s.
 1372  1002.85.
 1373         (3) The advisory council shall meet at least quarterly upon
 1374  the call of the executive director but may meet as often as
 1375  necessary to carry out its duties and responsibilities. The
 1376  executive director is encouraged to advisory council may use
 1377  communications media technology any method of telecommunications
 1378  to conduct meetings in accordance with s. 120.54(5)(b),
 1379  including establishing a quorum through telecommunications, only
 1380  if the public is given proper notice of a telecommunications
 1381  meeting and reasonable access to observe and, when appropriate,
 1382  participate.
 1383         (5) The Office of Early Learning shall provide staff and
 1384  administrative support for the advisory council as determined by
 1385  the executive director.
 1386         Section 23. Paragraph (f) of subsection (1) and subsections
 1387  (8) and (16) of section 1002.81, Florida Statutes, are amended
 1388  to read:
 1389         1002.81 Definitions.—Consistent with the requirements of 45
 1390  C.F.R. parts 98 and 99 and as used in this part, the term:
 1391         (1) “At-risk child” means:
 1392         (f) A child in the custody of a parent who is considered
 1393  homeless as verified by a designated lead agency on the homeless
 1394  assistance continuum of care established under ss. 420.622
 1395  420.624 Department of Children and Families certified homeless
 1396  shelter.
 1397         (8) “Family income” means the combined gross income,
 1398  whether earned or unearned, that is derived from any source by
 1399  all family or household members who are 18 years of age or older
 1400  who are currently residing together in the same dwelling unit.
 1401  The term does not include:
 1402         (a) Income earned by a currently enrolled high school
 1403  student who, since attaining the age of 18 years, or a student
 1404  with a disability who, since attaining the age of 22 years, has
 1405  not terminated school enrollment or received a high school
 1406  diploma, high school equivalency diploma, special diploma, or
 1407  certificate of high school completion.
 1408         (b) Income earned by a teen parent residing in the same
 1409  residence as a separate family unit.
 1410         (c) Selected items from the state’s Child Care and
 1411  Development Fund Plan, such as The term also does not include
 1412  food stamp benefits, documented child support and alimony
 1413  payments paid out of the home, or federal housing assistance
 1414  payments issued directly to a landlord or the associated
 1415  utilities expenses.
 1416         (16) “Working family” means:
 1417         (a) A single-parent family in which the parent with whom
 1418  the child resides is employed or engaged in eligible work or
 1419  education activities for at least 20 hours per week or is exempt
 1420  from work requirements due to age or disability, as determined
 1421  and documented by a physician licensed under chapter 458 or
 1422  chapter 459;
 1423         (b) A two-parent family in which both parents with whom the
 1424  child resides are employed or engaged in eligible work or
 1425  education activities for a combined total of at least 40 hours
 1426  per week; or
 1427         (c) A two-parent family in which one of the parents with
 1428  whom the child resides is exempt from work requirements due to
 1429  age or disability, as determined and documented by a physician
 1430  licensed under chapter 458 or chapter 459, and one parent is
 1431  employed or engaged in eligible work or education activities at
 1432  least 20 hours per week; or
 1433         (d) A two-parent family in which both of the parents with
 1434  whom the child resides are exempt from work requirements due to
 1435  age or disability, as determined and documented by a physician
 1436  licensed under chapter 458 or chapter 459.
 1437         Section 24. Paragraphs (b), (j), (m), and (p) of subsection
 1438  (2) of section 1002.82, Florida Statutes, are amended to read:
 1439         1002.82 Office of Early Learning; powers and duties.—
 1440         (2) The office shall:
 1441         (b) Preserve parental choice by permitting parents to
 1442  choose from a variety of child care categories authorized in s.
 1443  1002.88(1)(a), including center-based care, family child care,
 1444  and informal child care to the extent authorized in the state’s
 1445  Child Care and Development Fund Plan as approved by the United
 1446  States Department of Health and Human Services pursuant to 45
 1447  C.F.R. s. 98.18. Care and curriculum by a faith-based provider
 1448  may not be limited or excluded in any of these categories.
 1449         (j) Develop and adopt standards and benchmarks that address
 1450  the age-appropriate progress of children in the development of
 1451  school readiness skills. The standards for children from birth
 1452  to 5 years of age in the school readiness program must be
 1453  aligned with the performance standards adopted for children in
 1454  the Voluntary Prekindergarten Education Program and must address
 1455  the following domains:
 1456         1. Approaches to learning.
 1457         2. Cognitive development and general knowledge.
 1458         3. Numeracy, language, and communication.
 1459         4. Physical development.
 1460         5. Self-regulation.
 1461  
 1462  By July 1, 2016, the office shall develop and implement an
 1463  online training course on the performance standards for school
 1464  readiness program provider personnel specified in this
 1465  paragraph.
 1466         (m) Adopt by rule a standard statewide provider contract to
 1467  be used with each school readiness program provider, with
 1468  standardized attachments by provider type. The office shall
 1469  publish a copy of the standard statewide provider contract on
 1470  its website. The standard statewide contract must shall include,
 1471  at a minimum, provisions that:
 1472         1. Govern for provider probation, termination for cause,
 1473  and emergency termination for those actions or inactions of a
 1474  provider that pose an immediate and serious danger to the
 1475  health, safety, or welfare of the children. The standard
 1476  statewide provider contract must shall also include appropriate
 1477  due process procedures. During the pendency of an appeal of a
 1478  termination, the provider may not continue to offer its
 1479  services.
 1480         2.Require each provider that is eligible to provide the
 1481  program pursuant to s. 1002.88(1)(a) to notify the parent of
 1482  each child in care if it is cited for a Class I violation as
 1483  defined by rule of the Department of Children and Families.
 1484  Notice shall be initiated only upon final disposition of a Class
 1485  I violation. The provider shall notify the department within 24
 1486  hours of its intent to appeal the Class I violation issued, and
 1487  final disposition shall occur within 15 calendar days. In
 1488  determining the final disposition, the department shall consider
 1489  the entire licensing history of the provider, whether the
 1490  provider promptly reported the incident upon actual notice, and
 1491  whether the employee responsible for the violation was
 1492  terminated or the violation was corrected by the provider. If a
 1493  provider does not file its intent to appeal the Class I
 1494  violation, the provider must provide notice of a Class I
 1495  violation electronically or in writing to the parent within 48
 1496  hours after receipt of the Class I violation. Such notice shall
 1497  describe each violation with specificity in simple language and
 1498  include a copy of the citation and the contact information of
 1499  the Department of Children and Families or local licensing
 1500  agency where the parent may obtain additional information
 1501  regarding the citation. Notice of a Class I violation by the
 1502  provider must be provided electronically or in writing to the
 1503  parent within 24 hours after receipt of the final disposition of
 1504  the Class I violation. A provider must conspicuously post each
 1505  citation for a violation that results in disciplinary action on
 1506  the premises in an area visible to parents pursuant to s.
 1507  402.3125(1)(b). Additionally, such a provider must post each
 1508  inspection report on the premises in an area visible to parents,
 1509  and such report must remain posted until the next inspection
 1510  report is available.
 1511         3. Specify that child care personnel employed by the
 1512  provider who are responsible for supervising children in care
 1513  must be trained in developmentally appropriate practices aligned
 1514  to the age and needs of children over which the personnel are
 1515  assigned supervision duties. This requirement is met by
 1516  completion of developmentally appropriate practice courses
 1517  administered by the Department of Children and Families under s.
 1518  402.305(2)(d)1. within 30 days after being assigned such
 1519  children if the child care personnel has not previously
 1520  completed the training.
 1521         4. Require child care personnel who are employed by the
 1522  provider to complete an online training course on the
 1523  performance standards adopted pursuant to paragraph (j).
 1524  
 1525  Any provision imposed upon a provider that is inconsistent with,
 1526  or prohibited by, law is void and unenforceable.
 1527         (p) Monitor and evaluate the performance of each early
 1528  learning coalition in administering the school readiness program
 1529  and the Voluntary Prekindergarten Education Program, ensuring
 1530  proper payments for school readiness program and Voluntary
 1531  Prekindergarten Education Program services, and implementing the
 1532  coalition’s school readiness program plan, and administering the
 1533  Voluntary Prekindergarten Education Program. These monitoring
 1534  and performance evaluations must include, at a minimum, onsite
 1535  monitoring of each coalition’s finances, management, operations,
 1536  and programs.
 1537         Section 25. Subsections (8) and (20) of section 1002.84,
 1538  Florida Statutes, are amended to read:
 1539         1002.84 Early learning coalitions; school readiness powers
 1540  and duties.—Each early learning coalition shall:
 1541         (8) Establish a parent sliding fee scale that requires a
 1542  parent copayment to participate in the school readiness program.
 1543  Providers are required to collect the parent’s copayment. A
 1544  coalition may, on a case-by-case basis, waive the copayment for
 1545  an at-risk child or temporarily waive the copayment for a child
 1546  whose family’s income is at or below the federal poverty level
 1547  and family experiences a natural disaster or an event that
 1548  limits the parent’s ability to pay, such as incarceration,
 1549  placement in residential treatment, or becoming homeless, or an
 1550  emergency situation such as a household fire or burglary, or
 1551  while the parent is participating in parenting classes. A parent
 1552  may not transfer school readiness program services to another
 1553  school readiness program provider until the parent has submitted
 1554  documentation from the current school readiness program provider
 1555  to the early learning coalition stating that the parent has
 1556  satisfactorily fulfilled the copayment obligation.
 1557         (20) To increase transparency and accountability, comply
 1558  with the requirements of this section before contracting with a
 1559  member of the coalition, an employee of the coalition, or a
 1560  relative, as defined in s. 112.3143(1)(c), of a coalition member
 1561  or of an employee of the coalition. Such contracts may not be
 1562  executed without the approval of the office. Such contracts, as
 1563  well as documentation demonstrating adherence to this section by
 1564  the coalition, must be approved by a two-thirds vote of the
 1565  coalition, a quorum having been established; all conflicts of
 1566  interest must be disclosed before the vote; and any member who
 1567  may benefit from the contract, or whose relative may benefit
 1568  from the contract, must abstain from the vote. A contract under
 1569  $25,000 between an early learning coalition and a member of that
 1570  coalition or between a relative, as defined in s.
 1571  112.3143(1)(c), of a coalition member or of an employee of the
 1572  coalition is not required to have the prior approval of the
 1573  office but must be approved by a two-thirds vote of the
 1574  coalition, a quorum having been established, and must be
 1575  reported to the office within 30 days after approval. If a
 1576  contract cannot be approved by the office, a review of the
 1577  decision to disapprove the contract may be requested by the
 1578  early learning coalition or other parties to the disapproved
 1579  contract.
 1580         Section 26. Paragraphs (c) and (h) of subsection (1) and
 1581  subsections (6) through (8) of section 1002.87, Florida
 1582  Statutes, are amended to read:
 1583         1002.87 School readiness program; eligibility and
 1584  enrollment.—
 1585         (1) Effective August 1, 2013, or upon reevaluation of
 1586  eligibility for children currently served, whichever is later,
 1587  each early learning coalition shall give priority for
 1588  participation in the school readiness program as follows:
 1589         (c) Priority shall be given next to a child from birth to
 1590  the beginning of the school year for which the child is eligible
 1591  for admission to kindergarten in a public school under s.
 1592  1003.21(1)(a)2. who is from a working family that is
 1593  economically disadvantaged, and may include such child’s
 1594  eligible siblings, beginning with the school year in which the
 1595  sibling is eligible for admission to kindergarten in a public
 1596  school under s. 1003.21(1)(a)2. until the beginning of the
 1597  school year in which the sibling enters is eligible to begin 6th
 1598  grade, provided that the first priority for funding an eligible
 1599  sibling is local revenues available to the coalition for funding
 1600  direct services. However, a child eligible under this paragraph
 1601  ceases to be eligible if his or her family income exceeds 200
 1602  percent of the federal poverty level.
 1603         (h) Priority shall be given next to a child who has special
 1604  needs, has been determined eligible as an infant or toddler from
 1605  birth to 3 years of age with an individualized family support
 1606  plan receiving early intervention services or to as a student
 1607  with a disability with, has a current individual education plan
 1608  with a Florida school district, and is not younger than 3 years
 1609  of age. A special needs child eligible under this paragraph
 1610  remains eligible until the child is eligible for admission to
 1611  kindergarten in a public school under s. 1003.21(1)(a)2.
 1612         (6) Eligibility for each child must be reevaluated
 1613  annually. Upon reevaluation, a child may not continue to receive
 1614  school readiness program services if he or she has ceased to be
 1615  eligible under this section. If a child no longer meets
 1616  eligibility or program requirements, the coalition must
 1617  immediately notify the child’s parent and the provider that
 1618  funding will end 2 weeks after the date on which the child was
 1619  determined to be ineligible or when the current child care
 1620  authorization expires, whichever occurs first.
 1621         (7) If a coalition disenrolls children from the school
 1622  readiness program due to lack of funding or a change in
 1623  eligibility priorities, the coalition must disenroll the
 1624  children in reverse order of the eligibility priorities listed
 1625  in subsection (1) beginning with children from families with the
 1626  highest family incomes. A notice of disenrollment must be sent
 1627  to the parent and school readiness program provider at least 2
 1628  weeks before disenrollment or the expiration of the current
 1629  child care authorization, whichever occurs first, to provide
 1630  adequate time for the parent to arrange alternative care for the
 1631  child. However, an at-risk child receiving services from the
 1632  Child Welfare Program Office of the Department of Children and
 1633  Families may not be disenrolled from the program without the
 1634  written approval of the Child Welfare Program Office of the
 1635  Department of Children and Families or the community-based lead
 1636  agency.
 1637         (8) If a child is absent from the program for 2 consecutive
 1638  days without parental notification to the program of such
 1639  absence, the school readiness program provider shall contact the
 1640  parent and determine the cause for the absence and the expected
 1641  date of return. If a child is absent from the program for 5
 1642  consecutive days without parental notification to the program of
 1643  such absence, the school readiness program provider shall report
 1644  the absence to the early learning coalition for a determination
 1645  of the need for continued care.
 1646         Section 27. Paragraphs (a) through (c) and (l) through (q)
 1647  of subsection (1) of section 1002.88, Florida Statutes, are
 1648  amended, present subsections (2) and (3) are redesignated as
 1649  subsections (4) and (5), respectively, present subsection (2) is
 1650  amended, and new subsections (2) and (3) are added to that
 1651  section, to read:
 1652         1002.88 School readiness program provider standards;
 1653  eligibility to deliver the school readiness program.—
 1654         (1) To be eligible to deliver the school readiness program,
 1655  a school readiness program provider must:
 1656         (a)1. Be a nonpublic school in substantial compliance with
 1657  s. 402.3025(2)(d), a child care facility licensed under s.
 1658  402.305, a family child day care home licensed or registered
 1659  under s. 402.313, a large family child care home licensed under
 1660  s. 402.3131, or a child care facility exempt from licensure
 1661  operating under s. 402.316(4);
 1662         2. Be an entity that is part of Florida’s education system
 1663  identified in s. 1000.04(1); a public school or nonpublic school
 1664  exempt from licensure under s. 402.3025, a faith-based child
 1665  care provider exempt from licensure under s. 402.316, a before
 1666  school or after-school program described in s. 402.305(1)(c), or
 1667         3.Be an informal child care provider to the extent
 1668  authorized in the state’s Child Care and Development Fund Plan
 1669  as approved by the United States Department of Health and Human
 1670  Services pursuant to 45 C.F.R. s. 98.18.
 1671         (b) Provide instruction and activities to enhance the age
 1672  appropriate progress of each child in attaining the child
 1673  development standards adopted by the office pursuant to s.
 1674  1002.82(2)(j). A provider should include activities to foster
 1675  brain development in infants and toddlers; provide an
 1676  environment that is rich in language and music and filled with
 1677  objects of various colors, shapes, textures, and sizes to
 1678  stimulate visual, tactile, auditory, and linguistic senses; and
 1679  include 30 minutes of reading to children each day. A provider
 1680  must provide parents information on child development,
 1681  expectations for parent engagement, the daily schedule, and the
 1682  attendance policy.
 1683         (c) Provide basic health and safety of its premises and
 1684  facilities in accordance with applicable licensing and
 1685  inspection requirements and compliance with requirements for
 1686  age-appropriate immunizations of children enrolled in the school
 1687  readiness program. For a child care facility, a large family
 1688  child care home, or a licensed family child day care home,
 1689  compliance with s. 402.305, s. 402.3131, or s. 402.313 satisfies
 1690  this requirement. For a public or nonpublic school, compliance
 1691  with ss. s. 402.3025 or s. 1003.22 and 1013.12 satisfies this
 1692  requirement. For a nonpublic school, compliance with s.
 1693  402.3025(2)(d) satisfies this requirement. For a facility exempt
 1694  from licensure, compliance with s. 402.316(4) satisfies this
 1695  requirement. For an informal provider, substantial compliance as
 1696  defined in s. 402.302(17) satisfies this requirement. A provider
 1697  shall be denied initial eligibility to offer the program if the
 1698  provider has been cited for a Class I violation in the 12 months
 1699  before seeking eligibility. An existing provider that is cited
 1700  for a Class I violation may not have its eligibility renewed for
 1701  12 months. A provider that is cited for a Class I violation may
 1702  remain eligible to deliver the program if the Department of
 1703  Children and Families or local licensing agency upon final
 1704  disposition of a Class I violation has rescinded its initial
 1705  citation in accordance with the criteria for consideration
 1706  outlined in s. 1002.82(2)(m)2 A faith-based child care provider,
 1707  an informal child care provider, or a nonpublic school, exempt
 1708  from licensure under s. 402.316 or s. 402.3025, shall annually
 1709  complete the health and safety checklist adopted by the office,
 1710  post the checklist prominently on its premises in plain sight
 1711  for visitors and parents, and submit it annually to its local
 1712  early learning coalition.
 1713         (l) For a provider that is not an informal provider,
 1714  Maintain general liability insurance and provide the coalition
 1715  with written evidence of general liability insurance coverage,
 1716  including coverage for transportation of children if school
 1717  readiness program children are transported by the provider. A
 1718  private provider must obtain and retain an insurance policy that
 1719  provides a minimum of $100,000 of coverage per occurrence and a
 1720  minimum of $300,000 general aggregate coverage. The office may
 1721  authorize lower limits upon request, as appropriate. A provider
 1722  must add the coalition as a named certificateholder and as an
 1723  additional insured. A private provider must provide the
 1724  coalition with a minimum of 10 calendar days’ advance written
 1725  notice of cancellation of or changes to coverage. The general
 1726  liability insurance required by this paragraph must remain in
 1727  full force and effect for the entire period of the provider
 1728  contract with the coalition.
 1729         (m) For a provider that is an informal provider, comply
 1730  with the provisions of paragraph (l) or maintain homeowner’s
 1731  liability insurance and, if applicable, a business rider. If an
 1732  informal provider chooses to maintain a homeowner’s policy, the
 1733  provider must obtain and retain a homeowner’s insurance policy
 1734  that provides a minimum of $100,000 of coverage per occurrence
 1735  and a minimum of $300,000 general aggregate coverage. The office
 1736  may authorize lower limits upon request, as appropriate. An
 1737  informal provider must add the coalition as a named
 1738  certificateholder and as an additional insured. An informal
 1739  provider must provide the coalition with a minimum of 10
 1740  calendar days’ advance written notice of cancellation of or
 1741  changes to coverage. The general liability insurance required by
 1742  this paragraph must remain in full force and effect for the
 1743  entire period of the provider’s contract with the coalition.
 1744         (m)(n) Obtain and maintain any required workers’
 1745  compensation insurance under chapter 440 and any required
 1746  reemployment assistance or unemployment compensation coverage
 1747  under chapter 443, unless exempt under state or federal law.
 1748         (n)(o) Notwithstanding paragraph (l), for a provider that
 1749  is a state agency or a subdivision thereof, as defined in s.
 1750  768.28(2), agree to notify the coalition of any additional
 1751  liability coverage maintained by the provider in addition to
 1752  that otherwise established under s. 768.28. The provider shall
 1753  indemnify the coalition to the extent permitted by s. 768.28.
 1754         (o)(p) Execute the standard statewide provider contract
 1755  adopted by the office.
 1756         (p)(q) Operate on a full-time and part-time basis and
 1757  provide extended-day and extended-year services to the maximum
 1758  extent possible without compromising the quality of the program
 1759  to meet the needs of parents who work.
 1760         (2)Beginning January 1, 2016, at least 50 percent of the
 1761  child care personnel employed by a school readiness provider at
 1762  each location, who are responsible for supervising children in
 1763  care, must be trained in first aid and infant and child
 1764  cardiopulmonary resuscitation, as evidenced by current
 1765  documentation of course completion. As a condition of
 1766  employment, personnel hired on or after January 1, 2016, must
 1767  complete this training within 60 days after employment.
 1768         (3) Beginning January 1, 2017, child care personnel
 1769  employed by a school readiness program provider must hold a high
 1770  school diploma or its equivalent and be at least 18 years of
 1771  age, unless the personnel are not responsible for supervising
 1772  children in care or are under direct supervision.
 1773         (4)(2) If a school readiness program provider fails or
 1774  refuses to comply with this part or any contractual obligation
 1775  of the statewide provider contract under s. 1002.82(2)(m), the
 1776  coalition may revoke the provider’s eligibility to deliver the
 1777  school readiness program or receive state or federal funds under
 1778  this chapter for a period of 5 years.
 1779         Section 28. Paragraph (b) of subsection (6) and subsection
 1780  (7) of Section 1002.89, Florida Statutes, are amended to read:
 1781         1002.89 School readiness program; funding.—
 1782         (6) Costs shall be kept to the minimum necessary for the
 1783  efficient and effective administration of the school readiness
 1784  program with the highest priority of expenditure being direct
 1785  services for eligible children. However, no more than 5 percent
 1786  of the funds described in subsection (5) may be used for
 1787  administrative costs and no more than 22 percent of the funds
 1788  described in subsection (5) may be used in any fiscal year for
 1789  any combination of administrative costs, quality activities, and
 1790  nondirect services as follows:
 1791         (b) Activities to improve the quality of child care as
 1792  described in 45 C.F.R. s. 98.51, which must shall be limited to
 1793  the following:
 1794         1. Developing, establishing, expanding, operating, and
 1795  coordinating resource and referral programs specifically related
 1796  to the provision of comprehensive consumer education to parents
 1797  and the public to promote informed child care choices specified
 1798  in 45 C.F.R. s. 98.33 regarding participation in the school
 1799  readiness program and parental choice.
 1800         2. Awarding grants and providing financial support to
 1801  school readiness program providers and their staffs to assist
 1802  them in meeting applicable state requirements for child care
 1803  performance standards, implementing developmentally appropriate
 1804  curricula and related classroom resources that support
 1805  curricula, providing literacy supports, obtaining a license or
 1806  accreditation, and providing professional development, including
 1807  scholarships and other incentives. Any grants awarded pursuant
 1808  to this subparagraph shall comply with the requirements of ss.
 1809  215.971 and 287.058.
 1810         3. Providing training, and technical assistance, and
 1811  financial support for school readiness program providers, staff,
 1812  and parents on standards, child screenings, child assessments,
 1813  developmentally appropriate curricula, character development,
 1814  teacher-child interactions, age-appropriate discipline
 1815  practices, health and safety, nutrition, first aid,
 1816  cardiopulmonary resuscitation, the recognition of communicable
 1817  diseases, and child abuse detection and prevention.
 1818         4. Providing from among the funds provided for the
 1819  activities described in subparagraphs 1.-3., adequate funding
 1820  for infants and toddlers as necessary to meet federal
 1821  requirements related to expenditures for quality activities for
 1822  infant and toddler care.
 1823         5. Improving the monitoring of compliance with, and
 1824  enforcement of, applicable state and local requirements as
 1825  described in and limited by 45 C.F.R. s. 98.40.
 1826         6. Responding to Warm-Line requests by providers and
 1827  parents related to school readiness program children, including
 1828  providing developmental and health screenings to school
 1829  readiness program children.
 1830         (7) Funds appropriated for the school readiness program may
 1831  not be expended for the purchase or improvement of land; for the
 1832  purchase, construction, or permanent improvement of any building
 1833  or facility; or for the purchase of buses. However, funds may be
 1834  expended for minor remodeling necessary for the administration
 1835  of the program and upgrading of child care facilities to ensure
 1836  that providers meet state and local child care standards,
 1837  including applicable health and safety requirements.
 1838         Section 29. Subsection (7) of section 1002.91, Florida
 1839  Statutes, is amended to read:
 1840         1002.91 Investigations of fraud or overpayment; penalties.—
 1841         (7) The early learning coalition may not contract with a
 1842  school readiness program provider, or a Voluntary
 1843  Prekindergarten Education Program provider, or an individual who
 1844  is on the United States Department of Agriculture National
 1845  Disqualified List. In addition, the coalition may not contract
 1846  with any provider that shares an officer or director with a
 1847  provider that is on the United States Department of Agriculture
 1848  National Disqualified List.
 1849         Section 30. Paragraph (d) of subsection (3) of section
 1850  1002.94, Florida Statutes, is amended to read:
 1851         1002.94 Child Care Executive Partnership Program.—
 1852         (3)
 1853         (d) Each early learning coalition shall establish a
 1854  community child care task force for each child care purchasing
 1855  pool. The task force must be composed of employers, parents,
 1856  private child care providers, and one representative from the
 1857  local children’s services council, if one exists in the area of
 1858  the purchasing pool. The early learning coalition is expected to
 1859  recruit the task force members from existing child care
 1860  councils, commissions, or task forces already operating in the
 1861  area of a purchasing pool. A majority of the task force shall
 1862  consist of employers.
 1863         Section 31. The Office of Early Learning shall conduct a 2
 1864  year pilot project to study the impact of assessing the early
 1865  literacy skills of Voluntary Prekindergarten Education Program
 1866  participants who are English Language Learners, in both English
 1867  and Spanish. The assessments must include, at a minimum, the
 1868  first administration of the Florida Assessments for Instruction
 1869  in Reading in kindergarten and an appropriate alternative
 1870  assessment in Spanish. The study must include a review of the
 1871  kindergarten screening results for 2009-2010 and 2010-2011
 1872  program participants and their subsequent Florida Comprehensive
 1873  Assessment Test scores. The office shall report its findings to
 1874  the Governor, the President of the Senate, and the Speaker of
 1875  the House of Representatives by July 1, 2016, and July 1, 2017.
 1876         Section 32. This act shall take effect July 1, 2015.