Florida Senate - 2015                                    SB 7006
       
       
        
       By the Committee on Education Pre-K - 12
       
       
       
       
       
       581-01046-15                                          20157006__
    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 appropriation;
   96         providing an effective date.
   97          
   98  Be It Enacted by the Legislature of the State of Florida:
   99  
  100         Section 1. The Division of Law Revision and Information is
  101  directed to prepare a reviser’s bill for the 2016 Regular
  102  Session of the Legislature to change the term “family day care
  103  home” to “family child care home” and the term “family day care”
  104  to “family child care” wherever the terms appear in the Florida
  105  Statutes.
  106         Section 2. Section 125.0109, Florida Statutes, is amended
  107  to read:
  108         125.0109 Family child day care homes and large family child
  109  care homes; local zoning regulation.—The operation of a
  110  residence as a family child day care home or large family child
  111  care home, as defined in s. 402.302, licensed or registered
  112  pursuant to s. 402.313 or s. 402.3131, as applicable,
  113  constitutes,as defined by law, registered or licensed with the
  114  Department of Children and Families shall constitute a valid
  115  residential use for purposes of any local zoning regulations,
  116  and no such regulation may not shall require the owner or
  117  operator of such family child day care home or large family
  118  child care home to obtain any special exemption or use permit or
  119  waiver, or to pay any special fee in excess of $50, to operate
  120  in an area zoned for residential use.
  121         Section 3. Section 166.0445, Florida Statutes, is amended
  122  to read:
  123         166.0445 Family child day care homes and large family child
  124  care homes; local zoning regulation.—The operation of a
  125  residence as a family child day care home or large family child
  126  care home, as defined in s. 402.302, licensed or registered
  127  pursuant to s. 402.313 or s. 402.3131, as applicable,
  128  constitutes, as defined by law, registered or licensed with the
  129  Department of Children and Families shall constitute a valid
  130  residential use for purposes of any local zoning regulations,
  131  and no such regulations may not regulation shall require the
  132  owner or operator of such family child day care home or large
  133  family child care home to obtain any special exemption or use
  134  permit or waiver, or to pay any special fee in excess of $50, to
  135  operate in an area zoned for residential use.
  136         Section 4. Subsection (17) of section 402.302, Florida
  137  Statutes, is amended to read:
  138         402.302 Definitions.—As used in this chapter, the term:
  139         (17) “Substantial compliance” means, for purposes of
  140  programs operating under s. 1002.55, s. 1002.61, or s. 1002.88,
  141  that level of adherence to adopted standards which is sufficient
  142  to safeguard the health, safety, and well-being of all children
  143  under care. The standards must address the requirements of s.
  144  402.305 and must be limited to supervision, transportation,
  145  access, health-related requirements, food and nutrition,
  146  personnel screening, records, and enforcement of these
  147  standards. The standards must not limit or exclude the
  148  curriculum provided by a faith-based provider or nonpublic
  149  school. The department, in consultation with the Office of Early
  150  Learning, must adopt rules to define and enforce substantial
  151  compliance with minimum standards for child care facilities for
  152  programs operating under s. 1002.55, s. 1002.61, or s. 1002.88
  153  which are regulated, but not licensed, by the department
  154  Substantial compliance is greater than minimal adherence but not
  155  to the level of absolute adherence. Where a violation or
  156  variation is identified as the type which impacts, or can be
  157  reasonably expected within 90 days to impact, the health,
  158  safety, or well-being of a child, there is no substantial
  159  compliance.
  160         Section 5. Paragraphs (d) and (e) of subsection (2) of
  161  section 402.3025, Florida Statutes, are amended to read:
  162         402.3025 Public and nonpublic schools.—For the purposes of
  163  ss. 402.301-402.319, the following shall apply:
  164         (2) NONPUBLIC SCHOOLS.—
  165         (d)1. Nonpublic schools delivering programs under s.
  166  1002.55, s. 1002.61, or s. 1002.88 Programs for children who are
  167  at least 3 years of age, but under 5 years of age, which are not
  168  licensed under ss. 402.301-402.319 shall substantially comply
  169  with the minimum child care standards adopted promulgated
  170  pursuant to ss. 402.305-402.3057.
  171         2. The department or local licensing agency shall enforce
  172  compliance with such standards, where possible, to eliminate or
  173  minimize duplicative inspections or visits by staff enforcing
  174  the minimum child care standards and staff enforcing other
  175  standards under the jurisdiction of the department.
  176         3. The department or local licensing agency may inspect
  177  programs operating under this paragraph and pursue
  178  administrative or judicial action under ss. 402.310-402.312
  179  against nonpublic schools operating under this paragraph
  180  commence and maintain all proper and necessary actions and
  181  proceedings for any or all of the following purposes:
  182         a. to protect the health, sanitation, safety, and well
  183  being of all children under care.
  184         b. To enforce its rules and regulations.
  185         c. To use corrective action plans, whenever possible, to
  186  attain compliance prior to the use of more restrictive
  187  enforcement measures.
  188         d. To make application for injunction to the proper circuit
  189  court, and the judge of that court shall have jurisdiction upon
  190  hearing and for cause shown to grant a temporary or permanent
  191  injunction, or both, restraining any person from violating or
  192  continuing to violate any of the provisions of ss. 402.301
  193  402.319. Any violation of this section or of the standards
  194  applied under ss. 402.305-402.3057 which threatens harm to any
  195  child in the school’s programs for children who are at least 3
  196  years of age, but are under 5 years of age, or repeated
  197  violations of this section or the standards under ss. 402.305
  198  402.3057, shall be grounds to seek an injunction to close a
  199  program in a school.
  200         e. To impose an administrative fine, not to exceed $100,
  201  for each violation of the minimum child care standards
  202  promulgated pursuant to ss. 402.305-402.3057.
  203         4. It is a misdemeanor of the first degree, punishable as
  204  provided in s. 775.082 or s. 775.083, for any person willfully,
  205  knowingly, or intentionally to:
  206         a. Fail, by false statement, misrepresentation,
  207  impersonation, or other fraudulent means, to disclose in any
  208  required written documentation for exclusion from licensure
  209  pursuant to this section a material fact used in making a
  210  determination as to such exclusion; or
  211         b. Use information from the criminal records obtained under
  212  s. 402.305 or s. 402.3055 for any purpose other than screening
  213  that person for employment as specified in those sections or
  214  release such information to any other person for any purpose
  215  other than screening for employment as specified in those
  216  sections.
  217         5. It is a felony of the third degree, punishable as
  218  provided in s. 775.082, s. 775.083, or s. 775.084, for any
  219  person willfully, knowingly, or intentionally to use information
  220  from the juvenile records of any person obtained under s.
  221  402.305 or s. 402.3055 for any purpose other than screening for
  222  employment as specified in those sections or to release
  223  information from such records to any other person for any
  224  purpose other than screening for employment as specified in
  225  those sections.
  226         6. The inclusion of nonpublic schools within options
  227  available under ss. 1002.55, 1002.61, and 1002.88 does not
  228  expand the regulatory authority of the state, its officers, any
  229  local licensing agency, or any early learning coalition to
  230  impose any additional regulation of nonpublic schools beyond
  231  those reasonably necessary to enforce requirements expressly
  232  specified in this paragraph.
  233         (e) The department and the nonpublic school accrediting
  234  agencies are encouraged to develop agreements to facilitate the
  235  enforcement of the minimum child care standards as they relate
  236  to the schools which the agencies accredit.
  237         Section 6. Paragraphs (a) and (d) of subsection (2),
  238  paragraph (b) of subsection (9), and subsections (10) and (18)
  239  of section 402.305, Florida Statutes, are amended to read:
  240         402.305 Licensing standards; child care facilities.—
  241         (2) PERSONNEL.—Minimum standards for child care personnel
  242  shall include minimum requirements as to:
  243         (a) Good moral character based upon screening, according to
  244  the level 2 screening requirements of. This screening shall be
  245  conducted as provided in chapter 435, using the level 2
  246  standards for screening set forth in that chapter. In addition
  247  to the offenses specified in s. 435.04, all child care personnel
  248  required to undergo background screening pursuant to this
  249  section may not have an arrest awaiting final disposition for,
  250  may not have been found guilty of, regardless of adjudication,
  251  or entered a plea of nolo contendere or guilty to, and may not
  252  have been adjudicated delinquent and have a record that has been
  253  sealed or expunged for an offense specified in s. 39.205. Before
  254  employing child care personnel subject to this section, the
  255  employer must conduct employment history checks of each of the
  256  personnel’s previous employers and document the findings. If
  257  unable to contact a previous employer, the employer must
  258  document efforts to contact the previous employer.
  259         (d) Minimum training requirements for child care personnel.
  260         1. Such minimum standards for training shall ensure that
  261  all child care personnel take an approved 40-clock-hour
  262  introductory course in child care, which course covers at least
  263  the following topic areas:
  264         a. State and local rules and regulations which govern child
  265  care.
  266         b. Health, safety, and nutrition.
  267         c. Identifying and reporting child abuse and neglect.
  268         d. Child development, including typical and atypical
  269  language, cognitive, motor, social, and self-help skills
  270  development.
  271         e. Observation of developmental behaviors, including using
  272  a checklist or other similar observation tools and techniques to
  273  determine the child’s developmental age level.
  274         f. Specialized areas, including computer technology for
  275  professional and classroom use and numeracy, early literacy, and
  276  language development of children from birth to 5 years of age,
  277  as determined by the department, for owner-operators and child
  278  care personnel of a child care facility.
  279         g. Developmental disabilities, including autism spectrum
  280  disorder and Down syndrome, and early identification, use of
  281  available state and local resources, classroom integration, and
  282  positive behavioral supports for children with developmental
  283  disabilities.
  284  
  285  Within 90 days after employment, child care personnel shall
  286  begin training to meet the training requirements pursuant to
  287  this paragraph. Child care personnel shall successfully complete
  288  such training within 1 year after the date on which the training
  289  began, as evidenced by passage of a competency examination.
  290  Successful completion of the 40-clock-hour introductory course
  291  shall articulate into community college credit in early
  292  childhood education, pursuant to ss. 1007.24 and 1007.25.
  293  Exemption from all or a portion of the required training shall
  294  be granted to child care personnel based upon educational
  295  credentials or passage of competency examinations. Child care
  296  personnel possessing a 2-year degree or higher that includes 6
  297  college credit hours in early childhood development or child
  298  growth and development, or a child development associate
  299  credential or an equivalent state-approved child development
  300  associate credential, or a child development associate waiver
  301  certificate shall be automatically exempted from the training
  302  requirements in sub-subparagraphs b., d., and e.
  303         2. The introductory course in child care shall stress, to
  304  the extent possible, an interdisciplinary approach to the study
  305  of children.
  306         3. The introductory course shall cover recognition and
  307  prevention of shaken baby syndrome; prevention of sudden infant
  308  death syndrome; recognition and care of infants and toddlers
  309  with developmental disabilities, including autism spectrum
  310  disorder and Down syndrome; and early childhood brain
  311  development within the topic areas identified in this paragraph.
  312         4. On an annual basis in order to further their child care
  313  skills and, if appropriate, administrative skills, child care
  314  personnel who have fulfilled the requirements for the child care
  315  training shall be required to take an additional 1 continuing
  316  education unit of approved inservice training, or 10 clock hours
  317  of equivalent training, as determined by the department.
  318         5. Child care personnel shall be required to complete 0.5
  319  continuing education unit of approved training or 5 clock hours
  320  of equivalent training, as determined by the department, in
  321  numeracy, early literacy, and language development of children
  322  from birth to 5 years of age one time. The year that this
  323  training is completed, it shall fulfill the 0.5 continuing
  324  education unit or 5 clock hours of the annual training required
  325  in subparagraph 4.
  326         6. Procedures for ensuring the training of qualified child
  327  care professionals to provide training of child care personnel,
  328  including onsite training, shall be included in the minimum
  329  standards. It is recommended that the state community child care
  330  coordination agencies (central agencies) be contracted by the
  331  department to coordinate such training when possible. Other
  332  district educational resources, such as community colleges and
  333  career programs, can be designated in such areas where central
  334  agencies may not exist or are determined not to have the
  335  capability to meet the coordination requirements set forth by
  336  the department.
  337         7. Training requirements do shall not apply to certain
  338  occasional or part-time support staff, including, but not
  339  limited to, swimming instructors, piano teachers, dance
  340  instructors, and gymnastics instructors.
  341         8. The department shall evaluate or contract for an
  342  evaluation for the general purpose of determining the status of
  343  and means to improve staff training requirements and testing
  344  procedures. The evaluation shall be conducted every 2 years. The
  345  evaluation must shall include, but not be limited to,
  346  determining the availability, quality, scope, and sources of
  347  current staff training; determining the need for specialty
  348  training; and determining ways to increase inservice training
  349  and ways to increase the accessibility, quality, and cost
  350  effectiveness of current and proposed staff training. The
  351  evaluation methodology must shall include a reliable and valid
  352  survey of child care personnel.
  353         9. The child care operator shall be required to take basic
  354  training in serving children with disabilities within 5 years
  355  after employment, either as a part of the introductory training
  356  or the annual 8 hours of inservice training.
  357         (9) ADMISSIONS AND RECORDKEEPING.—
  358         (b) During the months of August and September of each year,
  359  Each child care facility shall provide parents of children
  360  enrolling enrolled in the facility detailed information
  361  regarding the causes, symptoms, and transmission of the
  362  influenza virus in an effort to educate those parents regarding
  363  the importance of immunizing their children against influenza as
  364  recommended by the Advisory Committee on Immunization Practices
  365  of the Centers for Disease Control and Prevention.
  366         (10) TRANSPORTATION SAFETY.—Minimum standards must shall
  367  include requirements for child restraints or seat belts in
  368  vehicles used by child care facilities, and large family child
  369  care homes, and licensed family child care homes to transport
  370  children, requirements for annual inspections of the vehicles,
  371  limitations on the number of children in the vehicles, and
  372  accountability for children being transported.
  373         (18) TRANSFER OF OWNERSHIP.—
  374         (a) One week before prior to the transfer of ownership of a
  375  child care facility, or family child day care home, or large
  376  family child care home, the transferor shall notify the parent
  377  or caretaker of each child of the impending transfer.
  378         (b) The owner of a child care facility, family child care
  379  home, or large family child care home may not transfer ownership
  380  to a relative of the operator if the operator has had his or her
  381  license suspended or revoked by the department pursuant to s.
  382  402.310, has received notice from the department that reasonable
  383  cause exists to suspend or revoke his or her license, or has
  384  been placed on the United States Department of Agriculture
  385  National Disqualified List. For purposes of this paragraph, the
  386  term “relative” means father, mother, son, daughter,
  387  grandfather, grandmother, brother, sister, uncle, aunt, cousin,
  388  nephew, niece, husband, wife, father-in-law, mother-in-law, son
  389  in-law, daughter-in-law, brother-in-law, sister-in-law,
  390  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  391  stepsister, half brother, or half sister.
  392         (c)(b) The department shall, by rule, establish methods by
  393  which notice will be achieved and minimum standards by which to
  394  implement this subsection.
  395         Section 7. Section 402.3085, Florida Statutes, is created
  396  to read:
  397         402.3085 Certificate of substantial compliance with minimum
  398  child care standards.—Each nonpublic school or provider seeking
  399  to operate a program pursuant to s. 402.3025(2)(d) or s.
  400  402.316(4), respectively, shall annually obtain a certificate
  401  from the department or local licensing agency in the manner and
  402  on the forms prescribed by the department or local licensing
  403  agency. An annual certificate or a renewal of an annual
  404  certificate shall be issued upon an examination of the
  405  applicant’s premises and records to determine that the applicant
  406  is in substantial compliance with the minimum child care
  407  standards. A provider may not participate in these programs
  408  without this certification. Local licensing agencies may apply
  409  their own minimum child care standards if the department
  410  determines that such standards meet or exceed department
  411  standards as provided in s. 402.307.
  412         Section 8. Section 402.311, Florida Statutes, is amended to
  413  read:
  414         402.311 Inspection.—A licensed child care facility or
  415  program regulated by the department shall accord to the
  416  department or the local licensing agency, whichever is
  417  applicable, the privilege of inspection, including access to
  418  facilities and personnel and to those records required in s.
  419  402.305, at reasonable times during regular business hours, to
  420  ensure compliance with the provisions of ss. 402.301-402.319.
  421  The right of entry and inspection shall also extend to any
  422  premises which the department or local licensing agency has
  423  reason to believe are being operated or maintained as a child
  424  care facility or program without a license, but no such entry or
  425  inspection of any premises shall be made without the permission
  426  of the person in charge thereof unless a warrant is first
  427  obtained from the circuit court authorizing same. Any
  428  application for a license, application for authorization to
  429  operate a child care program which must maintain substantial
  430  compliance with child care standards adopted under this chapter,
  431  or renewal of such license or authorization, made pursuant to
  432  this act or the advertisement to the public for the provision of
  433  child care as defined in s. 402.302 constitutes shall constitute
  434  permission for any entry to or inspection of the subject
  435  premises for which the license is sought in order to facilitate
  436  verification of the information submitted on or in connection
  437  with the application. In the event a licensed facility or
  438  program refuses permission for entry or inspection to the
  439  department or local licensing agency, a warrant shall be
  440  obtained from the circuit court authorizing same before prior to
  441  such entry or inspection. The department or local licensing
  442  agency may institute disciplinary proceedings pursuant to s.
  443  402.310, for such refusal.
  444         Section 9. Section 402.3115, Florida Statutes, is amended
  445  to read:
  446         402.3115 Elimination of duplicative and unnecessary
  447  inspections; Abbreviated inspections.—The Department of Children
  448  and Families and local governmental agencies that license child
  449  care facilities shall develop and implement a plan to eliminate
  450  duplicative and unnecessary inspections of child care
  451  facilities. In addition, The department and the local licensing
  452  governmental agencies shall conduct develop and implement an
  453  abbreviated inspections of inspection plan for child care
  454  facilities licensed under s. 402.305, family child care homes
  455  licensed under s. 402.313, and large family child care homes
  456  licensed under s. 402.3131 that have had no Class I 1 or Class
  457  II violations 2 deficiencies, as defined by rule, for at least 2
  458  consecutive years. The abbreviated inspection must include those
  459  elements identified by the department and the local licensing
  460  governmental agencies as being key indicators of whether the
  461  child care facility continues to provide quality care and
  462  programming. The department shall adopt rules establishing
  463  criteria and procedures for abbreviated inspections and
  464  inspection schedules that provide for both announced and
  465  unannounced inspections.
  466         Section 10. Section 402.313, Florida Statutes, is amended
  467  to read:
  468         402.313 Family child day care homes.—
  469         (1) A family child day care home must homes shall be
  470  licensed under this section act if it is they are presently
  471  being licensed under an existing county licensing ordinance, or
  472  if the board of county commissioners passes a resolution that
  473  requires licensure of family child day care homes, or the family
  474  child care home is operating a program under s. 1002.55, s.
  475  1002.61, or s. 1002.88 be licensed. Each licensed or registered
  476  family child care home must conspicuously display its license or
  477  registration in the common area of the home.
  478         (a) If not subject to license, a family child day care home
  479  must comply with this section and homes shall register annually
  480  with the department, providing the following information:
  481         1. The name and address of the home.
  482         2. The name of the operator.
  483         3. The number of children served.
  484         4. Proof of a written plan to identify a provide at least
  485  one other competent adult who has met the screening and training
  486  requirements of the department to serve as a designated to be
  487  available to substitute for the operator in an emergency. This
  488  plan must shall include the name, address, and telephone number
  489  of the designated substitute who will serve in the absence of
  490  the operator.
  491         5. Proof of screening and background checks.
  492         6. Proof of successful completion of the 30-hour training
  493  course, as evidenced by passage of a competency examination,
  494  which shall include:
  495         a. State and local rules and regulations that govern child
  496  care.
  497         b. Health, safety, and nutrition.
  498         c. Identifying and reporting child abuse and neglect.
  499         d. Child development, including typical and atypical
  500  language development; and cognitive, motor, social, and self
  501  help skills development.
  502         e. Observation of developmental behaviors, including using
  503  a checklist or other similar observation tools and techniques to
  504  determine a child’s developmental level.
  505         f. Specialized areas, including early literacy and language
  506  development of children from birth to 5 years of age, as
  507  determined by the department, for owner-operators of family day
  508  care homes.
  509         5.7. Proof that immunization records are kept current.
  510         8. Proof of completion of the required continuing education
  511  units or clock hours.
  512  
  513  Upon receipt of registration information submitted by a family
  514  child care home pursuant to this paragraph, the department shall
  515  verify that the home is in compliance with the background
  516  screening requirements in subsection (3) and that the operator
  517  and the designated substitute are in compliance with the
  518  applicable training requirements of subsection (4).
  519         (b) A family child day care home may volunteer to be
  520  licensed under this act.
  521         (c) The department may provide technical assistance to
  522  counties and operators of family child day care homes home
  523  providers to enable counties and operators family day care
  524  providers to achieve compliance with family child day care home
  525  homes standards.
  526         (2) This information shall be included in a directory to be
  527  published annually by the department to inform the public of
  528  available child care facilities.
  529         (3) Child care personnel in family child day care homes are
  530  shall be subject to the applicable screening provisions
  531  contained in ss. 402.305(2) and 402.3055. For purposes of
  532  screening in family child day care homes, the term “child care
  533  personnel” includes the operator, the designated substitute, any
  534  member over the age of 12 years of a family child day care home
  535  operator’s family, or persons over the age of 12 years residing
  536  with the operator in the family child day care home. Members of
  537  the operator’s family, or persons residing with the operator,
  538  who are between the ages of 12 years and 18 years may shall not
  539  be required to be fingerprinted, but shall be screened for
  540  delinquency records.
  541         (4)(a) Before licensure and before caring for children,
  542  operators of family child day care homes and an individual
  543  serving as a designated substitute for the operator who works 40
  544  hours or more per month on average must:
  545         1. Successfully complete an approved 30-clock-hour
  546  introductory course in child care, as evidenced by passage of a
  547  competency examination, before caring for children. The course
  548  must include:
  549         a. State and local rules and regulations that govern child
  550  care.
  551         b. Health, safety, and nutrition.
  552         c. Identifying and reporting child abuse and neglect.
  553         d. Child development, including typical and atypical
  554  language development, and cognitive, motor, social, and
  555  executive functioning skills development.
  556         e. Observation of developmental behaviors, including using
  557  checklists or other similar observation tools and techniques to
  558  determine a child’s developmental level.
  559         f. Specialized areas, including numeracy, early literacy,
  560  and language development of children from birth to 5 years of
  561  age, as determined by the department, for operators of family
  562  child care homes.
  563         (5)In order to further develop their child care skills
  564  and, if appropriate, their administrative skills, operators of
  565  family day care homes shall be required to complete an
  566  additional 1 continuing education unit of approved training or
  567  10 clock hours of equivalent training, as determined by the
  568  department, annually.
  569         2.(6)Operators of family day care homes shall be required
  570  to Complete a 0.5 continuing education unit of approved training
  571  in numeracy, early literacy, and language development of
  572  children from birth to 5 years of age one time. For an operator,
  573  the year that this training is completed, it shall fulfill the
  574  0.5 continuing education unit or 5 clock hours of the annual
  575  training required in paragraph (c) subsection (5).
  576         3. Complete training in first aid and infant and child
  577  cardiopulmonary resuscitation as evidenced by current
  578  documentation of course completion.
  579         (b) Before licensure and before caring for children, family
  580  child care home designated substitutes who work less than 40
  581  hours per month on average must complete the department’s 6
  582  clock-hour Family Child Care Home Rules and Regulations
  583  training, as evidenced by successful completion of a competency
  584  examination and first aid and infant and child cardiopulmonary
  585  resuscitation training required under subparagraph (a)3. A
  586  designated substitute who has successfully completed the 3
  587  clock-hour Fundamentals of Child Care training established by
  588  rules of the department or the 30-clock-hour training under
  589  subparagraph (a)1. is not required to complete the 6-clock-hour
  590  Family Child Care Home Rules and Regulations training.
  591         (c) Operators of family child care homes must annually
  592  complete an additional 1 continuing education unit of approved
  593  training regarding child care and administrative skills or 10
  594  clock hours of equivalent training, as determined by the
  595  department.
  596         (5)(7) Operators of family child day care homes must shall
  597  be required annually to complete a health and safety home
  598  inspection self-evaluation checklist developed by the department
  599  in conjunction with the statewide resource and referral program.
  600  The completed checklist shall be signed by the operator of the
  601  family child day care home and provided to parents as
  602  certification that basic health and safety standards are being
  603  met.
  604         (6)(8)Operators of family child day care homes home
  605  operators may avail themselves of supportive services offered by
  606  the department.
  607         (7)(9) The department shall prepare a brochure on family
  608  child day care for distribution by the department and by local
  609  licensing agencies, if appropriate, to family child day care
  610  homes for distribution to parents using utilizing such child
  611  care, and to all interested persons, including physicians and
  612  other health professionals; mental health professionals; school
  613  teachers or other school personnel; social workers or other
  614  professional child care, foster care, residential, or
  615  institutional workers; and law enforcement officers. The
  616  brochure shall, at a minimum, contain the following information:
  617         (a) A brief description of the requirements for family
  618  child day care registration, training, and background
  619  fingerprinting and screening.
  620         (b) A listing of those counties that require licensure of
  621  family child day care homes. Such counties shall provide an
  622  addendum to the brochure that provides a brief description of
  623  the licensure requirements or may provide a brochure in lieu of
  624  the one described in this subsection, provided it contains all
  625  the required information on licensure and the required
  626  information in the subsequent paragraphs.
  627         (c) A statement indicating that information about the
  628  family child day care home’s compliance with applicable state or
  629  local requirements can be obtained from by telephoning the
  630  department office or the office of the local licensing agency,
  631  including the, if appropriate, at a telephone number or numbers
  632  and website address for the department or local licensing
  633  agency, as applicable which shall be affixed to the brochure.
  634         (d) The statewide toll-free telephone number of the central
  635  abuse hotline, together with a notice that reports of suspected
  636  and actual child physical abuse, sexual abuse, and neglect are
  637  received and referred for investigation by the hotline.
  638         (e) Any other information relating to competent child care
  639  that the department or local licensing agency, if preparing a
  640  separate brochure, considers deems would be helpful to parents
  641  and other caretakers in their selection of a family child day
  642  care home.
  643         (8)(10) On an annual basis, the department shall evaluate
  644  the registration and licensure system for family child day care
  645  homes. Such evaluation shall, at a minimum, address the
  646  following:
  647         (a) The number of family child day care homes registered
  648  and licensed and the dates of such registration and licensure.
  649         (b) The number of children being served in both registered
  650  and licensed family child day care homes and any available slots
  651  in such homes.
  652         (c) The number of complaints received concerning family
  653  child day care, the nature of the complaints, and the resolution
  654  of such complaints.
  655         (d) The training activities used utilized by child care
  656  personnel in family child day care homes for meeting the state
  657  or local training requirements.
  658  
  659  The evaluation, pursuant to this subsection, shall be used
  660  utilized by the department in any administrative modifications
  661  or adjustments to be made in the registration of family child
  662  day care homes or in any legislative requests for modifications
  663  to the system of registration or to other requirements for
  664  family child day care homes.
  665         (11) In order to inform the public of the state requirement
  666  for registration of family day care homes as well as the other
  667  requirements for such homes to legally operate in the state, the
  668  department shall institute a media campaign to accomplish this
  669  end. Such a campaign shall include, at a minimum, flyers,
  670  newspaper advertisements, radio advertisements, and television
  671  advertisements.
  672         (9)(12) Notwithstanding any other state or local law or
  673  ordinance, any family child day care home licensed pursuant to
  674  this chapter or pursuant to a county ordinance shall be charged
  675  the utility rates accorded to a residential home. A licensed
  676  family child day care home may not be charged commercial utility
  677  rates.
  678         (10)(13) The department shall, by rule, establish minimum
  679  standards for family child day care homes that are required to
  680  be licensed by county licensing ordinance or county licensing
  681  resolution or that voluntarily choose to be licensed. The
  682  standards should include requirements for staffing, training,
  683  maintenance of immunization records, minimum health and safety
  684  standards, reduced standards for the regulation of child care
  685  during evening hours by municipalities and counties, and
  686  enforcement of standards. Additionally, the department shall, by
  687  rule, adopt procedures for verifying a registered family child
  688  care home’s compliance with background screening and training
  689  requirements.
  690         (11)(14)During the months of August and September of each
  691  year, Each family child day care home shall provide parents of
  692  children enrolling enrolled in the home detailed information
  693  regarding the causes, symptoms, and transmission of the
  694  influenza virus in an effort to educate those parents regarding
  695  the importance of immunizing their children against influenza as
  696  recommended by the Advisory Committee on Immunization Practices
  697  of the Centers for Disease Control and Prevention.
  698         Section 11. Subsections (1), (3), (5), and (9) of section
  699  402.3131, Florida Statutes, are amended, and subsection (10) is
  700  added to that section, to read:
  701         402.3131 Large family child care homes.—
  702         (1) A large family child care home must homes shall be
  703  licensed under this section and conspicuously display its
  704  license in the common area of the home.
  705         (3) Operators of large family child care homes must
  706  successfully complete an approved 40-clock-hour introductory
  707  course in group child care, including numeracy, early literacy,
  708  and language development of children from birth to 5 years of
  709  age, as evidenced by passage of a competency examination.
  710  Successful completion of the 40-clock-hour introductory course
  711  shall articulate into community college credit in early
  712  childhood education, pursuant to ss. 1007.24 and 1007.25.
  713         (5) Operators of large family child care homes shall be
  714  required to complete 0.5 continuing education unit of approved
  715  training or 5 clock hours of equivalent training, as determined
  716  by the department, in numeracy, early literacy, and language
  717  development of children from birth to 5 years of age one time.
  718  The year that this training is completed, it shall fulfill the
  719  0.5 continuing education unit or 5 clock hours of the annual
  720  training required in subsection (4).
  721         (9) During the months of August and September of each year,
  722  Each large family child care home shall provide parents of
  723  children enrolling enrolled in the home detailed information
  724  regarding the causes, symptoms, and transmission of the
  725  influenza virus in an effort to educate those parents regarding
  726  the importance of immunizing their children against influenza as
  727  recommended by the Advisory Committee on Immunization Practices
  728  of the Centers for Disease Control and Prevention.
  729         (10) Notwithstanding any other state or local law or
  730  ordinance, a large family child care home licensed pursuant to
  731  this chapter or pursuant to a county ordinance shall be charged
  732  the utility rates accorded to a residential home. Such a home
  733  may not be charged commercial utility rates.
  734         Section 12. Subsections (4), (5), and (6) are added to
  735  section 402.316, Florida Statutes, to read:
  736         402.316 Exemptions.—
  737         (4) A child care facility operating under subsection (1)
  738  which is applying to operate or is operating as a provider of a
  739  program described in s. 1002.55, s. 1002.61, or s. 1002.88 must
  740  substantially comply with the minimum standards for child care
  741  facilities adopted pursuant to ss. 402.305-402.3057 and must
  742  allow the department or local licensing agency access to monitor
  743  and enforce compliance with such standards.
  744         (a) The department or local licensing agency may pursue
  745  administrative or judicial action under ss. 402.310-402.312 and
  746  the rules adopted under those sections against any child care
  747  facility operating under this subsection to enforce substantial
  748  compliance with child care facility minimum standards or to
  749  protect the health, safety, and well-being of any child in the
  750  facility’s care. A child care facility operating under this
  751  subsection is subject to ss. 402.310-402.312 and the rules
  752  adopted under those sections to the same extent as a child care
  753  facility licensed under ss. 402.301–402.319.
  754         (b) It is a misdemeanor of the first degree, punishable as
  755  provided in s. 775.082 or s. 775.083, for a person willfully,
  756  knowingly, or intentionally to:
  757         1. Fail, by false statement, misrepresentation,
  758  impersonation, or other fraudulent means, to disclose in any
  759  required written documentation for exclusion from licensure
  760  pursuant to this section a material fact used in making a
  761  determination as to such exclusion; or
  762         2. Use information from the criminal records obtained under
  763  s. 402.305 or s. 402.3055 for a purpose other than screening the
  764  subject of those records for employment as specified in those
  765  sections or to release such information to any other person for
  766  a purpose other than screening for employment as specified in
  767  those sections.
  768         (c) It is a felony of the third degree, punishable as
  769  provided in s. 775.082, s. 775.083, or s. 775.084, for a person
  770  willfully, knowingly, or intentionally to use information from
  771  the juvenile records of a person obtained under s. 402.305 or s.
  772  402.3055 for a purpose other than screening for employment as
  773  specified in those sections or to release information from such
  774  records to any other person for a purpose other than screening
  775  for employment as specified in those sections.
  776         (5) The department shall establish a fee for inspection and
  777  compliance activities performed pursuant to this section in an
  778  amount sufficient to cover costs. However, the amount of such
  779  fee for the inspection of a program may not exceed the fee
  780  imposed for child care licensure pursuant to s. 402.315.
  781         (6) The inclusion of a child care facility operating under
  782  subsection (1) as a provider of a program described in s.
  783  1002.55, s. 1002.61, or s. 1002.88 does not expand the
  784  regulatory authority of the state, its officers, any local
  785  licensing agency, or any early learning coalition to impose any
  786  additional regulation of child care facilities beyond those
  787  reasonably necessary to enforce requirements expressly included
  788  in this section.
  789         Section 13. Section 627.70161, Florida Statutes, is amended
  790  to read:
  791         627.70161 Residential property insurance coverage; family
  792  child day care homes and large family child care homes
  793  insurance.—
  794         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  795  family child day care homes and large family child care homes
  796  fulfill a vital role in providing child care in Florida. It is
  797  the intent of the Legislature that residential property
  798  insurance coverage should not be canceled, denied, or nonrenewed
  799  solely because child on the basis of the family day care
  800  services are provided at the residence. The Legislature also
  801  recognizes that the potential liability of residential property
  802  insurers is substantially increased by the rendition of child
  803  care services on the premises. The Legislature therefore finds
  804  that there is a public need to specify that contractual
  805  liabilities associated that arise in connection with the
  806  operation of a the family child day care home or large family
  807  child care home are excluded from residential property insurance
  808  policies unless they are specifically included in such coverage.
  809         (2) DEFINITIONS.—As used in this section, the term:
  810         (a) “Child care” means the care, protection, and
  811  supervision of a child, for a period of up to less than 24 hours
  812  a day on a regular basis, which supplements parental care,
  813  enrichment, and health supervision for the child, in accordance
  814  with his or her individual needs, and for which a payment, fee,
  815  or grant is made for care.
  816         (b) “Family child day care home” has the same meaning as
  817  provided in s. 402.302 means an occupied residence in which
  818  child care is regularly provided for children from at least two
  819  unrelated families and which receives a payment, fee, or grant
  820  for any of the children receiving care, whether or not operated
  821  for a profit.
  822         (c) “Large family child care home” has the same meaning as
  823  provided in s. 402.302.
  824         (3) FAMILY CHILD DAY CARE; COVERAGE.—A residential property
  825  insurance policy may shall not provide coverage for liability
  826  for claims arising out of, or in connection with, the operation
  827  of a family child day care home or large family child care home,
  828  and the insurer shall be under no obligation to defend against
  829  lawsuits covering such claims, unless:
  830         (a) Specifically covered in a policy; or
  831         (b) Covered by a rider or endorsement for business coverage
  832  attached to a policy.
  833         (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
  834  insurer may not deny, cancel, or refuse to renew a policy for
  835  residential property insurance solely on the basis that the
  836  policyholder or applicant operates a family child day care home
  837  or a large family child care home. In addition to other lawful
  838  reasons for refusing to insure, an insurer may deny, cancel, or
  839  refuse to renew a policy of a family child day care home or
  840  large family child care home provider if one or more of the
  841  following conditions occur:
  842         (a) The policyholder or applicant provides care for more
  843  children than authorized for family child day care homes or
  844  large family child care homes by s. 402.302;
  845         (b) The policyholder or applicant fails to maintain a
  846  separate commercial liability policy or an endorsement providing
  847  liability coverage for the family child day care home or large
  848  family child care home operations;
  849         (c) The policyholder or applicant fails to comply with the
  850  family child day care home licensure and registration
  851  requirements specified in s. 402.313 or the large family child
  852  care home licensure requirements specified in s. 402.3131; or
  853         (d) Discovery of willful or grossly negligent acts or
  854  omissions or any violations of state laws or regulations
  855  establishing safety standards for family child day care homes
  856  and large family child care homes by the named insured or his or
  857  her representative which materially increase any of the risks
  858  insured.
  859         Section 14. Subsections (7), (8), and (9) are added to
  860  section 1001.213, Florida Statutes, to read:
  861         1001.213 Office of Early Learning.—There is created within
  862  the Office of Independent Education and Parental Choice the
  863  Office of Early Learning, as required under s. 20.15, which
  864  shall be administered by an executive director. The office shall
  865  be fully accountable to the Commissioner of Education but shall:
  866         (7) Hire a general counsel who reports directly to the
  867  executive director of the office.
  868         (8) Hire an inspector general who reports directly to the
  869  executive director of the office and to the Chief Inspector
  870  General pursuant to s. 14.32.
  871         (9) By July 1, 2017, develop and implement, in consultation
  872  with early learning coalitions and providers of the Voluntary
  873  Prekindergarten Education Program and the school readiness
  874  program, best practices for providing parental notifications in
  875  the parent’s native language to a parent whose native language
  876  is a language other than English.
  877         Section 15. Subsection (4) of section 1002.53, Florida
  878  Statutes, is amended to read:
  879         1002.53 Voluntary Prekindergarten Education Program;
  880  eligibility and enrollment.—
  881         (4)(a) Each parent enrolling a child in the Voluntary
  882  Prekindergarten Education Program must complete and submit an
  883  application to the early learning coalition through the single
  884  point of entry established under s. 1002.82 or to a private
  885  prekindergarten provider if the provider is authorized by the
  886  early learning coalition to determine student eligibility for
  887  enrollment in the program.
  888         (b) The application must be submitted on forms prescribed
  889  by the Office of Early Learning and must be accompanied by a
  890  certified copy of the child’s birth certificate. The forms must
  891  include a certification, in substantially the form provided in
  892  s. 1002.71(6)(b)2., that the parent chooses the private
  893  prekindergarten provider or public school in accordance with
  894  this section and directs that payments for the program be made
  895  to the provider or school. The Office of Early Learning may
  896  authorize alternative methods for submitting proof of the
  897  child’s age in lieu of a certified copy of the child’s birth
  898  certificate.
  899         (c) If a private prekindergarten provider has been
  900  authorized to determine child eligibility and enrollment, upon
  901  receipt of an application, the provider must:
  902         1. Determine the child’s eligibility for the program and be
  903  responsible for any errors in such determination.
  904         2. Retain the original application and certified copy of
  905  the child’s birth certificate or authorized alternative proof of
  906  age on file for at least 5 years.
  907  
  908  Pursuant to this paragraph, the early learning coalition may
  909  audit applications held by a private prekindergarten provider in
  910  the coalition’s service area to determine whether children
  911  enrolled and reported for funding by the provider have met the
  912  eligibility criteria in subsection (2).
  913         (d)(c) Each early learning coalition shall coordinate with
  914  each of the school districts within the coalition’s county or
  915  multicounty region in the development of procedures for
  916  enrolling children in prekindergarten programs delivered by
  917  public schools, including procedures for making child
  918  eligibility determinations and auditing enrollment records to
  919  confirm that enrolled children have met eligibility
  920  requirements.
  921         Section 16. Section 1002.55, Florida Statutes, is amended
  922  to read:
  923         1002.55 School-year prekindergarten program delivered by
  924  private prekindergarten providers.—
  925         (1) Each early learning coalition shall administer the
  926  Voluntary Prekindergarten Education Program at the county or
  927  regional level for students enrolled under s. 1002.53(3)(a) in a
  928  school-year prekindergarten program delivered by a private
  929  prekindergarten provider. Each early learning coalition shall
  930  cooperate with the Office of Early Learning and the Child Care
  931  Services Program Office of the Department of Children and
  932  Families to reduce paperwork and to avoid duplicating
  933  interagency activities, health and safety monitoring, and
  934  acquiring and composing data pertaining to child care training
  935  and credentialing.
  936         (2) Each school-year prekindergarten program delivered by a
  937  private prekindergarten provider must comprise at least 540
  938  instructional hours.
  939         (3) To be eligible to deliver the prekindergarten program,
  940  a private prekindergarten provider must meet each of the
  941  following requirements:
  942         (a) The private prekindergarten provider must be a child
  943  care facility licensed under s. 402.305, family day care home
  944  licensed under s. 402.313, large family child care home licensed
  945  under s. 402.3131, nonpublic school exempt from licensure under
  946  s. 402.3025(2), or faith-based child care provider exempt from
  947  licensure under s. 402.316.
  948         (a)(b) The private prekindergarten provider must:
  949         1. Be accredited by an accrediting association that is a
  950  member of the National Council for Private School Accreditation,
  951  or the Florida Association of Academic Nonpublic Schools, or be
  952  accredited by the Southern Association of Colleges and Schools,
  953  or Western Association of Colleges and Schools, or North Central
  954  Association of Colleges and Schools, or Middle States
  955  Association of Colleges and Schools, or New England Association
  956  of Colleges and Schools; and have written accreditation
  957  standards that meet or exceed the state’s licensing requirements
  958  under s. 402.305, s. 402.313, or s. 402.3131 and require at
  959  least one onsite visit to the provider or school before
  960  accreditation is granted;
  961         2. Hold a current Gold Seal Quality Care designation under
  962  s. 402.281; or
  963         3. Be licensed under s. 402.305, s. 402.313, or s.
  964  402.3131; or
  965         4. Be a child development center located on a military
  966  installation that is certified by the United States Department
  967  of Defense.
  968         (b) The private prekindergarten provider must provide basic
  969  health and safety on its premises and in its facilities. For a
  970  public school, compliance with ss. 1003.22 and 1013.12 satisfies
  971  this requirement. For a nonpublic school, compliance with s.
  972  402.3025(2)(d) satisfies this requirement. For a child care
  973  facility, a licensed family child care home, or a large family
  974  child care home, compliance with s. 402.305, s. 402.313, or s.
  975  402.3131, respectively, satisfies this requirement. For a
  976  facility exempt from licensure, compliance with s. 402.316(4)
  977  satisfies this requirement and demonstrate, before delivering
  978  the Voluntary Prekindergarten Education Program, as verified by
  979  the early learning coalition, that the provider meets each of
  980  the requirements of the program under this part, including, but
  981  not limited to, the requirements for credentials and background
  982  screenings of prekindergarten instructors under paragraphs (c)
  983  and (d), minimum and maximum class sizes under paragraph (f),
  984  prekindergarten director credentials under paragraph (g), and a
  985  developmentally appropriate curriculum under s. 1002.67(2)(b).
  986         (c) The private prekindergarten provider must have, for
  987  each prekindergarten class of 11 children or fewer, at least one
  988  prekindergarten instructor who meets each of the following
  989  requirements:
  990         1. The prekindergarten instructor must hold, at a minimum,
  991  one of the following credentials:
  992         a. A child development associate credential issued by the
  993  National Credentialing Program of the Council for Professional
  994  Recognition; or
  995         b. A credential approved by the Department of Children and
  996  Families, pursuant to s. 402.305(3)(c), as being equivalent to
  997  or greater than the credential described in sub-subparagraph a.;
  998         c. An associate or higher degree in child development;
  999         d. An associate or higher degree in an unrelated field, at
 1000  least 6 credit hours in early childhood education or child
 1001  development, and at least 480 hours of experience in teaching or
 1002  providing child care services for children of any age from birth
 1003  through 8 years of age;
 1004         e. A baccalaureate or higher degree in early childhood
 1005  education, prekindergarten or primary education, preschool
 1006  education, or family and consumer science;
 1007         f. A baccalaureate or higher degree in family and child
 1008  science and at least 480 hours of experience in teaching or
 1009  providing child care services for children of any age from birth
 1010  through 8 years of age;
 1011         g. A baccalaureate or higher degree in elementary education
 1012  if the prekindergarten instructor has been certified to teach
 1013  children of any age from birth through grade 6, regardless of
 1014  whether the instructor’s educator certificate is current, and if
 1015  the instructor is not ineligible to teach in a public school
 1016  because his or her educator certificate is suspended or revoked;
 1017  or
 1018         h. A credential approved by the department as being
 1019  equivalent to or greater than a credential described in sub
 1020  subparagraphs a.-f. The department may adopt criteria and
 1021  procedures for approving such equivalent credentials.
 1022  
 1023  The Department of Children and Families may adopt rules under
 1024  ss. 120.536(1) and 120.54 which provide criteria and procedures
 1025  for approving equivalent credentials under sub-subparagraph b.
 1026         2. The prekindergarten instructor must successfully
 1027  complete an emergent literacy training course and a student
 1028  performance standards training course approved by the office as
 1029  meeting or exceeding the minimum standards adopted under s.
 1030  1002.59. The requirement for completion of the standards
 1031  training course shall take effect July 1, 2016 2014, and the
 1032  course shall be available online.
 1033         (d) Each prekindergarten instructor employed by the private
 1034  prekindergarten provider must be of good moral character, must
 1035  undergo background screening pursuant to s. 402.305(2)(a) be
 1036  screened using the level 2 screening standards in s. 435.04
 1037  before employment, must be and rescreened at least once every 5
 1038  years, must be denied employment or terminated if required under
 1039  s. 435.06, and must not be ineligible to teach in a public
 1040  school because his or her educator certificate is suspended or
 1041  revoked.
 1042         (e) A private prekindergarten provider may assign a
 1043  substitute instructor to temporarily replace a credentialed
 1044  instructor if the credentialed instructor assigned to a
 1045  prekindergarten class is absent, as long as the substitute
 1046  instructor meets the requirements of paragraph (d) is of good
 1047  moral character and has been screened before employment in
 1048  accordance with level 2 background screening requirements in
 1049  chapter 435. The Office of Early Learning shall adopt rules to
 1050  implement this paragraph which shall include required
 1051  qualifications of substitute instructors and the circumstances
 1052  and time limits for which a private prekindergarten provider may
 1053  assign a substitute instructor.
 1054         (f) Each of the private prekindergarten provider’s
 1055  prekindergarten classes must be composed of at least 4 students
 1056  but may not exceed 20 students. In order to protect the health
 1057  and safety of students, each private prekindergarten provider
 1058  must also provide appropriate adult supervision for students at
 1059  all times and, for each prekindergarten class composed of 12 or
 1060  more students, must have, in addition to a prekindergarten
 1061  instructor who meets the requirements of paragraph (c), at least
 1062  one adult prekindergarten instructor who is not required to meet
 1063  those requirements but who must meet each requirement of s.
 1064  402.305(2) paragraph (d). This paragraph does not supersede any
 1065  requirement imposed on a provider under ss. 402.301-402.319.
 1066         (g) The private prekindergarten provider must have a
 1067  prekindergarten director who has a prekindergarten director
 1068  credential that is approved by the office as meeting or
 1069  exceeding the minimum standards adopted under s. 1002.57.
 1070  Successful completion of a child care facility director
 1071  credential under s. 402.305(2)(f) before the establishment of
 1072  the prekindergarten director credential under s. 1002.57 or July
 1073  1, 2006, whichever occurs later, satisfies the requirement for a
 1074  prekindergarten director credential under this paragraph.
 1075         (h) The private prekindergarten provider must register with
 1076  the early learning coalition on forms prescribed by the Office
 1077  of Early Learning.
 1078         (i) The private prekindergarten provider must execute the
 1079  statewide provider contract prescribed under s. 1002.75, except
 1080  that an individual who owns or operates multiple private
 1081  prekindergarten providers within a coalition’s service area may
 1082  execute a single agreement with the coalition on behalf of each
 1083  provider.
 1084         (j) The private prekindergarten provider must maintain
 1085  general liability insurance and provide the coalition with
 1086  written evidence of general liability insurance coverage,
 1087  including coverage for transportation of children if
 1088  prekindergarten students are transported by the provider. A
 1089  provider must obtain and retain an insurance policy that
 1090  provides a minimum of $100,000 of coverage per occurrence and a
 1091  minimum of $300,000 general aggregate coverage. The office may
 1092  authorize lower limits upon request, as appropriate. A provider
 1093  must add the coalition as a named certificateholder and as an
 1094  additional insured. A provider must provide the coalition with a
 1095  minimum of 10 calendar days’ advance written notice of
 1096  cancellation of or changes to coverage. The general liability
 1097  insurance required by this paragraph must remain in full force
 1098  and effect for the entire period of the provider contract with
 1099  the coalition.
 1100         (k) The private prekindergarten provider must obtain and
 1101  maintain any required workers’ compensation insurance under
 1102  chapter 440 and any required reemployment assistance or
 1103  unemployment compensation coverage under chapter 443, unless
 1104  exempt under state or federal law.
 1105         (l) Notwithstanding paragraph (j), for a private
 1106  prekindergarten provider that is a state agency or a subdivision
 1107  thereof, as defined in s. 768.28(2), the provider must agree to
 1108  notify the coalition of any additional liability coverage
 1109  maintained by the provider in addition to that otherwise
 1110  established under s. 768.28. The provider shall indemnify the
 1111  coalition to the extent permitted by s. 768.28.
 1112         (m) The private prekindergarten provider shall be denied
 1113  initial eligibility to offer the program if the provider has
 1114  been cited for a Class I violation in the 12 months before
 1115  seeking eligibility. An existing provider that is cited for a
 1116  Class I violation may not have its eligibility renewed for 12
 1117  months. This paragraph does not apply if the Department of
 1118  Children and Families or local licensing agency upon final
 1119  disposition of a Class I violation has rescinded its initial
 1120  citation in accordance with the criteria for consideration
 1121  outlined in s. 1002.75(1)(b).
 1122         (n)(m) The private prekindergarten provider must deliver
 1123  the Voluntary Prekindergarten Education Program in accordance
 1124  with this part and have child disciplinary policies that
 1125  prohibit children from being subjected to discipline that is
 1126  severe, humiliating, frightening, or associated with food, rest,
 1127  toileting, spanking, or any other form of physical punishment as
 1128  provided in s. 402.305(12).
 1129         (o)Beginning January 1, 2016, at least 50 percent of the
 1130  instructors employed by a prekindergarten provider at each
 1131  location, who are responsible for supervising children in care,
 1132  must be trained in first aid and infant and child
 1133  cardiopulmonary resuscitation, as evidenced by current
 1134  documentation of course completion. As a condition of
 1135  employment, instructors hired on or after January 1, 2016, must
 1136  complete this training within 60 days after employment.
 1137         (p) Beginning January 1, 2017, the private prekindergarten
 1138  provider must employ child care personnel who hold a high school
 1139  diploma or its equivalent and are at least 18 years of age,
 1140  unless the personnel are not responsible for supervising
 1141  children in care or are under direct supervision.
 1142         (4) A prekindergarten instructor, in lieu of the minimum
 1143  credentials and courses required under paragraph (3)(c), may
 1144  hold one of the following educational credentials:
 1145         (a) A bachelor’s or higher degree in early childhood
 1146  education, prekindergarten or primary education, preschool
 1147  education, or family and consumer science;
 1148         (b) A bachelor’s or higher degree in elementary education,
 1149  if the prekindergarten instructor has been certified to teach
 1150  children any age from birth through 6th grade, regardless of
 1151  whether the instructor’s educator certificate is current, and if
 1152  the instructor is not ineligible to teach in a public school
 1153  because his or her educator certificate is suspended or revoked;
 1154         (c) An associate’s or higher degree in child development;
 1155         (d) An associate’s or higher degree in an unrelated field,
 1156  at least 6 credit hours in early childhood education or child
 1157  development, and at least 480 hours of experience in teaching or
 1158  providing child care services for children any age from birth
 1159  through 8 years of age; or
 1160         (e) An educational credential approved by the department as
 1161  being equivalent to or greater than an educational credential
 1162  described in this subsection. The department may adopt criteria
 1163  and procedures for approving equivalent educational credentials
 1164  under this paragraph.
 1165         (5) Notwithstanding paragraph (3)(b), a private
 1166  prekindergarten provider may not participate in the Voluntary
 1167  Prekindergarten Education Program if the provider has child
 1168  disciplinary policies that do not prohibit children from being
 1169  subjected to discipline that is severe, humiliating,
 1170  frightening, or associated with food, rest, toileting, spanking,
 1171  or any other form of physical punishment as provided in s.
 1172  402.305(12).
 1173         Section 17. Subsection (1) of section 1002.59, Florida
 1174  Statutes, is amended to read:
 1175         1002.59 Emergent literacy and performance standards
 1176  training courses.—
 1177         (1) The office shall adopt minimum standards for one or
 1178  more training courses in emergent literacy for prekindergarten
 1179  instructors. Each course must comprise 5 clock hours and provide
 1180  instruction in strategies and techniques to address the age
 1181  appropriate progress of prekindergarten students in developing
 1182  emergent literacy skills, including oral communication,
 1183  knowledge of print and letters, phonemic and phonological
 1184  awareness, and vocabulary and comprehension development. Each
 1185  course must also provide resources containing strategies that
 1186  allow students with disabilities and other special needs to
 1187  derive maximum benefit from the Voluntary Prekindergarten
 1188  Education Program. Successful completion of an emergent literacy
 1189  training course approved under this section satisfies
 1190  requirements for approved training in early literacy and
 1191  language development under ss. 402.305(2)(d)5., 402.313(4)(a)2.
 1192  402.313(6), and 402.3131(5).
 1193         Section 18. Subsections (4) through (7) of section 1002.61,
 1194  Florida Statutes, are amended to read:
 1195         1002.61 Summer prekindergarten program delivered by public
 1196  schools and private prekindergarten providers.—
 1197         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
 1198  Each public school and private prekindergarten provider that
 1199  delivers the summer prekindergarten program must have, for each
 1200  prekindergarten class, at least one prekindergarten instructor
 1201  who is a certified teacher or holds one of the educational
 1202  credentials specified in s. 1002.55(3)(c)1.e.-h. s.
 1203  1002.55(4)(a) or (b). As used in this subsection, the term
 1204  “certified teacher” means a teacher holding a valid Florida
 1205  educator certificate under s. 1012.56 who has the qualifications
 1206  required by the district school board to instruct students in
 1207  the summer prekindergarten program. In selecting instructional
 1208  staff for the summer prekindergarten program, each school
 1209  district shall give priority to teachers who have experience or
 1210  coursework in early childhood education.
 1211         (5) Each prekindergarten instructor employed by a public
 1212  school or private prekindergarten provider delivering the summer
 1213  prekindergarten program must be of good moral character, must
 1214  undergo background screening pursuant to s. 402.305(2)(a) be
 1215  screened using the level 2 screening standards in s. 435.04
 1216  before employment, must be and rescreened at least once every 5
 1217  years, and must be denied employment or terminated if required
 1218  under s. 435.06. Each prekindergarten instructor employed by a
 1219  public school delivering the summer prekindergarten program, and
 1220  must satisfy the not be ineligible to teach in a public school
 1221  because his or her educator certificate is suspended or revoked.
 1222  This subsection does not supersede employment requirements for
 1223  instructional personnel in public schools as provided in s.
 1224  1012.32 which are more stringent than the requirements of this
 1225  subsection.
 1226         (6) A public school or private prekindergarten provider may
 1227  assign a substitute instructor to temporarily replace a
 1228  credentialed instructor if the credentialed instructor assigned
 1229  to a prekindergarten class is absent, as long as the substitute
 1230  instructor meets the requirements of subsection (5) is of good
 1231  moral character and has been screened before employment in
 1232  accordance with level 2 background screening requirements in
 1233  chapter 435. This subsection does not supersede employment
 1234  requirements for instructional personnel in public schools which
 1235  are more stringent than the requirements of this subsection. The
 1236  Office of Early Learning shall adopt rules to implement this
 1237  subsection which must shall include required qualifications of
 1238  substitute instructors and the circumstances and time limits for
 1239  which a public school or private prekindergarten provider may
 1240  assign a substitute instructor.
 1241         (7) Notwithstanding ss. 1002.55(3)(e) ss. 1002.55(3)(f) and
 1242  1002.63(7), each prekindergarten class in the summer
 1243  prekindergarten program, regardless of whether the class is a
 1244  public school’s or private prekindergarten provider’s class,
 1245  must be composed of at least 4 students but may not exceed 12
 1246  students beginning with the 2009 summer session. In order to
 1247  protect the health and safety of students, each public school or
 1248  private prekindergarten provider must also provide appropriate
 1249  adult supervision for students at all times. This subsection
 1250  does not supersede any requirement imposed on a provider under
 1251  ss. 402.301-402.319.
 1252         Section 19. Subsections (5) and (6) of section 1002.63,
 1253  Florida Statutes, are amended to read:
 1254         1002.63 School-year prekindergarten program delivered by
 1255  public schools.—
 1256         (5) Each prekindergarten instructor employed by a public
 1257  school delivering the school-year prekindergarten program must
 1258  satisfy the be of good moral character, must be screened using
 1259  the level 2 screening standards in s. 435.04 before employment
 1260  and rescreened at least once every 5 years, must be denied
 1261  employment or terminated if required under s. 435.06, and must
 1262  not be ineligible to teach in a public school because his or her
 1263  educator certificate is suspended or revoked. This subsection
 1264  does not supersede employment requirements for instructional
 1265  personnel in public schools as provided in s. 1012.32 which are
 1266  more stringent than the requirements of this subsection.
 1267         (6) A public school prekindergarten provider may assign a
 1268  substitute instructor to temporarily replace a credentialed
 1269  instructor if the credentialed instructor assigned to a
 1270  prekindergarten class is absent, as long as the substitute
 1271  instructor meets the requirements of subsection (5) is of good
 1272  moral character and has been screened before employment in
 1273  accordance with level 2 background screening requirements in
 1274  chapter 435. This subsection does not supersede employment
 1275  requirements for instructional personnel in public schools which
 1276  are more stringent than the requirements of this subsection. The
 1277  Office of Early Learning shall adopt rules to implement this
 1278  subsection which must shall include required qualifications of
 1279  substitute instructors and the circumstances and time limits for
 1280  which a public school prekindergarten provider may assign a
 1281  substitute instructor.
 1282         Section 20. Paragraph (a) of subsection (6) of section
 1283  1002.71, Florida Statutes, is amended to read:
 1284         1002.71 Funding; financial and attendance reporting.—
 1285         (6)(a) Each parent enrolling his or her child in the
 1286  Voluntary Prekindergarten Education Program must agree to comply
 1287  with the attendance policy of the private prekindergarten
 1288  provider or district school board, as applicable. Upon
 1289  enrollment of the child, the private prekindergarten provider or
 1290  public school, as applicable, must provide the child’s parent
 1291  with program information, including, but not limited to, child
 1292  development, expectations for parent engagement, the daily
 1293  schedule, and the a copy of the provider’s or school district’s
 1294  attendance policy, which must include procedures for contacting
 1295  a parent on the second consecutive day a child is absent for
 1296  which the reason is unknown as applicable.
 1297         Section 21. Subsection (1) of section 1002.75, Florida
 1298  Statutes, is amended to read:
 1299         1002.75 Office of Early Learning; powers and duties.—
 1300         (1) The Office of Early Learning shall adopt by rule a
 1301  standard statewide provider contract to be used with each
 1302  Voluntary Prekindergarten Education Program provider, with
 1303  standardized attachments by provider type. The office shall
 1304  publish a copy of the standard statewide provider contract on
 1305  its website. The standard statewide contract must shall include,
 1306  at a minimum, provisions that:
 1307         (a) Govern for provider probation, termination for cause,
 1308  and emergency termination for those actions or inactions of a
 1309  provider that pose an immediate and serious danger to the
 1310  health, safety, or welfare of children. The standard statewide
 1311  contract must shall also include appropriate due process
 1312  procedures. During the pendency of an appeal of a termination,
 1313  the provider may not continue to offer its services.
 1314         (b) Require each private prekindergarten provider to notify
 1315  the parent of each child in care if it is cited for a Class I
 1316  violation as defined by rule of the Department of Children and
 1317  Families. Notice shall be initiated only upon final disposition
 1318  of a Class I violation. The provider shall notify the department
 1319  within 24 hours of its intent to appeal the Class I violation
 1320  issued, and final disposition shall occur within 15 calendar
 1321  days. In determining the final disposition, the department shall
 1322  consider the entire licensing history of the provider, whether
 1323  the provider promptly reported the incident upon actual notice,
 1324  and whether the employee responsible for the violation was
 1325  terminated or the violation was corrected by the provider. If a
 1326  provider does not file its intent to appeal the Class I
 1327  violation, the provider must provide notice of a Class I
 1328  violation electronically or in writing to the parent within 48
 1329  hours after receipt of the Class I violation. Such notice shall
 1330  describe each violation with specificity in simple language and
 1331  include a copy of the citation and the contact information of
 1332  the Department of Children and Families or local licensing
 1333  agency where the parent may obtain additional information
 1334  regarding the citation. Notice of a Class I violation by the
 1335  provider must be provided electronically or in writing to the
 1336  parent within 24 hours after receipt of the final disposition of
 1337  the Class I violation. A private prekindergarten provider must
 1338  conspicuously post each citation for a violation that results in
 1339  disciplinary action on the premises in an area visible to
 1340  parents pursuant to s. 402.3125(1)(b). Additionally, such a
 1341  provider must post each inspection report on the premises in an
 1342  area visible to parents, and such report must remain posted
 1343  until the next inspection report is available.
 1344         (c) Specify that child care personnel employed by the
 1345  provider who are responsible for supervising children in care
 1346  must be trained in developmentally appropriate practices aligned
 1347  to the age and needs of children over which the personnel are
 1348  assigned supervision duties. This requirement is met by the
 1349  completion of developmentally appropriate practice courses
 1350  administered by the Department of Children and Families under s.
 1351  402.305(2)(d)1. within 30 days after being assigned such
 1352  children if the child care personnel has not previously
 1353  completed the training.
 1354  
 1355  Any provision imposed upon a provider that is inconsistent with,
 1356  or prohibited by, law is void and unenforceable.
 1357         Section 22. Subsections (1), (3), and (5) of section
 1358  1002.77, Florida Statutes, are amended to read:
 1359         1002.77 Florida Early Learning Advisory Council.—
 1360         (1) There is created the Florida Early Learning Advisory
 1361  Council within the Office of Early Learning. The purpose of the
 1362  advisory council is to provide written input submit
 1363  recommendations to the executive director office on early
 1364  learning best practices, including recommendations relating to
 1365  the most effective program administration; of the Voluntary
 1366  Prekindergarten Education Program under this part and the school
 1367  readiness program under part VI of this chapter. The advisory
 1368  council shall periodically analyze and provide recommendations
 1369  to the office on the effective and efficient use of local,
 1370  state, and federal funds; the content of professional
 1371  development training programs; and best practices for the
 1372  development and implementation of coalition plans pursuant to s.
 1373  1002.85.
 1374         (3) The advisory council shall meet at least quarterly upon
 1375  the call of the executive director but may meet as often as
 1376  necessary to carry out its duties and responsibilities. The
 1377  executive director is encouraged to advisory council may use
 1378  communications media technology any method of telecommunications
 1379  to conduct meetings in accordance with s. 120.54(5)(b),
 1380  including establishing a quorum through telecommunications, only
 1381  if the public is given proper notice of a telecommunications
 1382  meeting and reasonable access to observe and, when appropriate,
 1383  participate.
 1384         (5) The Office of Early Learning shall provide staff and
 1385  administrative support for the advisory council as determined by
 1386  the executive director.
 1387         Section 23. Paragraph (f) of subsection (1) and subsections
 1388  (8) and (16) of section 1002.81, Florida Statutes, are amended
 1389  to read:
 1390         1002.81 Definitions.—Consistent with the requirements of 45
 1391  C.F.R. parts 98 and 99 and as used in this part, the term:
 1392         (1) “At-risk child” means:
 1393         (f) A child in the custody of a parent who is considered
 1394  homeless as verified by a designated lead agency on the homeless
 1395  assistance continuum of care established under ss. 420.622
 1396  420.624 Department of Children and Families certified homeless
 1397  shelter.
 1398         (8) “Family income” means the combined gross income,
 1399  whether earned or unearned, that is derived from any source by
 1400  all family or household members who are 18 years of age or older
 1401  who are currently residing together in the same dwelling unit.
 1402  The term does not include:
 1403         (a) Income earned by a currently enrolled high school
 1404  student who, since attaining the age of 18 years, or a student
 1405  with a disability who, since attaining the age of 22 years, has
 1406  not terminated school enrollment or received a high school
 1407  diploma, high school equivalency diploma, special diploma, or
 1408  certificate of high school completion.
 1409         (b) Income earned by a teen parent residing in the same
 1410  residence as a separate family unit.
 1411         (c) Selected items from the state’s Child Care and
 1412  Development Fund Plan, such as The term also does not include
 1413  food stamp benefits, documented child support and alimony
 1414  payments paid out of the home, or federal housing assistance
 1415  payments issued directly to a landlord or the associated
 1416  utilities expenses.
 1417         (16) “Working family” means:
 1418         (a) A single-parent family in which the parent with whom
 1419  the child resides is employed or engaged in eligible work or
 1420  education activities for at least 20 hours per week or is exempt
 1421  from work requirements due to age or disability, as determined
 1422  and documented by a physician licensed under chapter 458 or
 1423  chapter 459;
 1424         (b) A two-parent family in which both parents with whom the
 1425  child resides are employed or engaged in eligible work or
 1426  education activities for a combined total of at least 40 hours
 1427  per week; or
 1428         (c) A two-parent family in which one of the parents with
 1429  whom the child resides is exempt from work requirements due to
 1430  age or disability, as determined and documented by a physician
 1431  licensed under chapter 458 or chapter 459, and one parent is
 1432  employed or engaged in eligible work or education activities at
 1433  least 20 hours per week; or
 1434         (d) A two-parent family in which both of the parents with
 1435  whom the child resides are exempt from work requirements due to
 1436  age or disability, as determined and documented by a physician
 1437  licensed under chapter 458 or chapter 459.
 1438         Section 24. Paragraphs (b), (j), (m), and (p) of subsection
 1439  (2) of section 1002.82, Florida Statutes, are amended to read:
 1440         1002.82 Office of Early Learning; powers and duties.—
 1441         (2) The office shall:
 1442         (b) Preserve parental choice by permitting parents to
 1443  choose from a variety of child care categories authorized in s.
 1444  1002.88(1)(a), including center-based care, family child care,
 1445  and informal child care to the extent authorized in the state’s
 1446  Child Care and Development Fund Plan as approved by the United
 1447  States Department of Health and Human Services pursuant to 45
 1448  C.F.R. s. 98.18. Care and curriculum by a faith-based provider
 1449  may not be limited or excluded in any of these categories.
 1450         (j) Develop and adopt standards and benchmarks that address
 1451  the age-appropriate progress of children in the development of
 1452  school readiness skills. The standards for children from birth
 1453  to 5 years of age in the school readiness program must be
 1454  aligned with the performance standards adopted for children in
 1455  the Voluntary Prekindergarten Education Program and must address
 1456  the following domains:
 1457         1. Approaches to learning.
 1458         2. Cognitive development and general knowledge.
 1459         3. Numeracy, language, and communication.
 1460         4. Physical development.
 1461         5. Self-regulation.
 1462  
 1463  By July 1, 2016, the office shall develop and implement an
 1464  online training course on the performance standards for school
 1465  readiness program provider personnel specified in this
 1466  paragraph.
 1467         (m) Adopt by rule a standard statewide provider contract to
 1468  be used with each school readiness program provider, with
 1469  standardized attachments by provider type. The office shall
 1470  publish a copy of the standard statewide provider contract on
 1471  its website. The standard statewide contract must shall include,
 1472  at a minimum, provisions that:
 1473         1. Govern for provider probation, termination for cause,
 1474  and emergency termination for those actions or inactions of a
 1475  provider that pose an immediate and serious danger to the
 1476  health, safety, or welfare of the children. The standard
 1477  statewide provider contract must shall also include appropriate
 1478  due process procedures. During the pendency of an appeal of a
 1479  termination, the provider may not continue to offer its
 1480  services.
 1481         2.Require each provider that is eligible to provide the
 1482  program pursuant to s. 1002.88(1)(a) to notify the parent of
 1483  each child in care if it is cited for a Class I violation as
 1484  defined by rule of the Department of Children and Families.
 1485  Notice shall be initiated only upon final disposition of a Class
 1486  I violation. The provider shall notify the department within 24
 1487  hours of its intent to appeal the Class I violation issued, and
 1488  final disposition shall occur within 15 calendar days. In
 1489  determining the final disposition, the department shall consider
 1490  the entire licensing history of the provider, whether the
 1491  provider promptly reported the incident upon actual notice, and
 1492  whether the employee responsible for the violation was
 1493  terminated or the violation was corrected by the provider. If a
 1494  provider does not file its intent to appeal the Class I
 1495  violation, the provider must provide notice of a Class I
 1496  violation electronically or in writing to the parent within 48
 1497  hours after receipt of the Class I violation. Such notice shall
 1498  describe each violation with specificity in simple language and
 1499  include a copy of the citation and the contact information of
 1500  the Department of Children and Families or local licensing
 1501  agency where the parent may obtain additional information
 1502  regarding the citation. Notice of a Class I violation by the
 1503  provider must be provided electronically or in writing to the
 1504  parent within 24 hours after receipt of the final disposition of
 1505  the Class I violation. A provider must conspicuously post each
 1506  citation for a violation that results in disciplinary action on
 1507  the premises in an area visible to parents pursuant to s.
 1508  402.3125(1)(b). Additionally, such a provider must post each
 1509  inspection report on the premises in an area visible to parents,
 1510  and such report must remain posted until the next inspection
 1511  report is available.
 1512         3. Specify that child care personnel employed by the
 1513  provider who are responsible for supervising children in care
 1514  must be trained in developmentally appropriate practices aligned
 1515  to the age and needs of children over which the personnel are
 1516  assigned supervision duties. This requirement is met by
 1517  completion of developmentally appropriate practice courses
 1518  administered by the Department of Children and Families under s.
 1519  402.305(2)(d)1. within 30 days after being assigned such
 1520  children if the child care personnel has not previously
 1521  completed the training.
 1522         4. Require child care personnel who are employed by the
 1523  provider to complete an online training course on the
 1524  performance standards adopted pursuant to paragraph (j).
 1525  
 1526  Any provision imposed upon a provider that is inconsistent with,
 1527  or prohibited by, law is void and unenforceable.
 1528         (p) Monitor and evaluate the performance of each early
 1529  learning coalition in administering the school readiness program
 1530  and the Voluntary Prekindergarten Education Program, ensuring
 1531  proper payments for school readiness program and Voluntary
 1532  Prekindergarten Education Program services, and implementing the
 1533  coalition’s school readiness program plan, and administering the
 1534  Voluntary Prekindergarten Education Program. These monitoring
 1535  and performance evaluations must include, at a minimum, onsite
 1536  monitoring of each coalition’s finances, management, operations,
 1537  and programs.
 1538         Section 25. Subsections (8) and (20) of section 1002.84,
 1539  Florida Statutes, are amended to read:
 1540         1002.84 Early learning coalitions; school readiness powers
 1541  and duties.—Each early learning coalition shall:
 1542         (8) Establish a parent sliding fee scale that requires a
 1543  parent copayment to participate in the school readiness program.
 1544  Providers are required to collect the parent’s copayment. A
 1545  coalition may, on a case-by-case basis, waive the copayment for
 1546  an at-risk child or temporarily waive the copayment for a child
 1547  whose family’s income is at or below the federal poverty level
 1548  and family experiences a natural disaster or an event that
 1549  limits the parent’s ability to pay, such as incarceration,
 1550  placement in residential treatment, or becoming homeless, or an
 1551  emergency situation such as a household fire or burglary, or
 1552  while the parent is participating in parenting classes. A parent
 1553  may not transfer school readiness program services to another
 1554  school readiness program provider until the parent has submitted
 1555  documentation from the current school readiness program provider
 1556  to the early learning coalition stating that the parent has
 1557  satisfactorily fulfilled the copayment obligation.
 1558         (20) To increase transparency and accountability, comply
 1559  with the requirements of this section before contracting with a
 1560  member of the coalition, an employee of the coalition, or a
 1561  relative, as defined in s. 112.3143(1)(c), of a coalition member
 1562  or of an employee of the coalition. Such contracts may not be
 1563  executed without the approval of the office. Such contracts, as
 1564  well as documentation demonstrating adherence to this section by
 1565  the coalition, must be approved by a two-thirds vote of the
 1566  coalition, a quorum having been established; all conflicts of
 1567  interest must be disclosed before the vote; and any member who
 1568  may benefit from the contract, or whose relative may benefit
 1569  from the contract, must abstain from the vote. A contract under
 1570  $25,000 between an early learning coalition and a member of that
 1571  coalition or between a relative, as defined in s.
 1572  112.3143(1)(c), of a coalition member or of an employee of the
 1573  coalition is not required to have the prior approval of the
 1574  office but must be approved by a two-thirds vote of the
 1575  coalition, a quorum having been established, and must be
 1576  reported to the office within 30 days after approval. If a
 1577  contract cannot be approved by the office, a review of the
 1578  decision to disapprove the contract may be requested by the
 1579  early learning coalition or other parties to the disapproved
 1580  contract.
 1581         Section 26. Paragraphs (c) and (h) of subsection (1) and
 1582  subsections (6) through (8) of section 1002.87, Florida
 1583  Statutes, are amended to read:
 1584         1002.87 School readiness program; eligibility and
 1585  enrollment.—
 1586         (1) Effective August 1, 2013, or upon reevaluation of
 1587  eligibility for children currently served, whichever is later,
 1588  each early learning coalition shall give priority for
 1589  participation in the school readiness program as follows:
 1590         (c) Priority shall be given next to a child from birth to
 1591  the beginning of the school year for which the child is eligible
 1592  for admission to kindergarten in a public school under s.
 1593  1003.21(1)(a)2. who is from a working family that is
 1594  economically disadvantaged, and may include such child’s
 1595  eligible siblings, beginning with the school year in which the
 1596  sibling is eligible for admission to kindergarten in a public
 1597  school under s. 1003.21(1)(a)2. until the beginning of the
 1598  school year in which the sibling enters is eligible to begin 6th
 1599  grade, provided that the first priority for funding an eligible
 1600  sibling is local revenues available to the coalition for funding
 1601  direct services. However, a child eligible under this paragraph
 1602  ceases to be eligible if his or her family income exceeds 200
 1603  percent of the federal poverty level.
 1604         (h) Priority shall be given next to a child who has special
 1605  needs, has been determined eligible as an infant or toddler from
 1606  birth to 3 years of age with an individualized family support
 1607  plan receiving early intervention services or to as a student
 1608  with a disability with, has a current individual education plan
 1609  with a Florida school district, and is not younger than 3 years
 1610  of age. A special needs child eligible under this paragraph
 1611  remains eligible until the child is eligible for admission to
 1612  kindergarten in a public school under s. 1003.21(1)(a)2.
 1613         (6) Eligibility for each child must be reevaluated
 1614  annually. Upon reevaluation, a child may not continue to receive
 1615  school readiness program services if he or she has ceased to be
 1616  eligible under this section. If a child no longer meets
 1617  eligibility or program requirements, the coalition must
 1618  immediately notify the child’s parent and the provider that
 1619  funding will end 2 weeks after the date on which the child was
 1620  determined to be ineligible or when the current child care
 1621  authorization expires, whichever occurs first.
 1622         (7) If a coalition disenrolls children from the school
 1623  readiness program due to lack of funding or a change in
 1624  eligibility priorities, the coalition must disenroll the
 1625  children in reverse order of the eligibility priorities listed
 1626  in subsection (1) beginning with children from families with the
 1627  highest family incomes. A notice of disenrollment must be sent
 1628  to the parent and school readiness program provider at least 2
 1629  weeks before disenrollment or the expiration of the current
 1630  child care authorization, whichever occurs first, to provide
 1631  adequate time for the parent to arrange alternative care for the
 1632  child. However, an at-risk child receiving services from the
 1633  Child Welfare Program Office of the Department of Children and
 1634  Families may not be disenrolled from the program without the
 1635  written approval of the Child Welfare Program Office of the
 1636  Department of Children and Families or the community-based lead
 1637  agency.
 1638         (8) If a child is absent from the program for 2 consecutive
 1639  days without parental notification to the program of such
 1640  absence, the school readiness program provider shall contact the
 1641  parent and determine the cause for the absence and the expected
 1642  date of return. If a child is absent from the program for 5
 1643  consecutive days without parental notification to the program of
 1644  such absence, the school readiness program provider shall report
 1645  the absence to the early learning coalition for a determination
 1646  of the need for continued care.
 1647         Section 27. Paragraphs (a) through (c) and (l) through (q)
 1648  of subsection (1) of section 1002.88, Florida Statutes, are
 1649  amended, present subsections (2) and (3) are redesignated as
 1650  subsections (4) and (5), respectively, present subsection (2) is
 1651  amended, and new subsections (2) and (3) are added to that
 1652  section, to read:
 1653         1002.88 School readiness program provider standards;
 1654  eligibility to deliver the school readiness program.—
 1655         (1) To be eligible to deliver the school readiness program,
 1656  a school readiness program provider must:
 1657         (a)1. Be a nonpublic school in substantial compliance with
 1658  s. 402.3025(2)(d), a child care facility licensed under s.
 1659  402.305, a family child day care home licensed or registered
 1660  under s. 402.313, a large family child care home licensed under
 1661  s. 402.3131, or a child care facility exempt from licensure
 1662  operating under s. 402.316(4);
 1663         2. Be an entity that is part of Florida’s education system
 1664  identified in s. 1000.04(1); a public school or nonpublic school
 1665  exempt from licensure under s. 402.3025, a faith-based child
 1666  care provider exempt from licensure under s. 402.316, a before
 1667  school or after-school program described in s. 402.305(1)(c), or
 1668         3.Be an informal child care provider to the extent
 1669  authorized in the state’s Child Care and Development Fund Plan
 1670  as approved by the United States Department of Health and Human
 1671  Services pursuant to 45 C.F.R. s. 98.18.
 1672         (b) Provide instruction and activities to enhance the age
 1673  appropriate progress of each child in attaining the child
 1674  development standards adopted by the office pursuant to s.
 1675  1002.82(2)(j). A provider should include activities to foster
 1676  brain development in infants and toddlers; provide an
 1677  environment that is rich in language and music and filled with
 1678  objects of various colors, shapes, textures, and sizes to
 1679  stimulate visual, tactile, auditory, and linguistic senses; and
 1680  include 30 minutes of reading to children each day. A provider
 1681  must provide parents information on child development,
 1682  expectations for parent engagement, the daily schedule, and the
 1683  attendance policy.
 1684         (c) Provide basic health and safety of its premises and
 1685  facilities in accordance with applicable licensing and
 1686  inspection requirements and compliance with requirements for
 1687  age-appropriate immunizations of children enrolled in the school
 1688  readiness program. For a child care facility, a large family
 1689  child care home, or a licensed family child day care home,
 1690  compliance with s. 402.305, s. 402.3131, or s. 402.313 satisfies
 1691  this requirement. For a public or nonpublic school, compliance
 1692  with ss. s. 402.3025 or s. 1003.22 and 1013.12 satisfies this
 1693  requirement. For a nonpublic school, compliance with s.
 1694  402.3025(2)(d) satisfies this requirement. For a facility exempt
 1695  from licensure, compliance with s. 402.316(4) satisfies this
 1696  requirement. For an informal provider, substantial compliance as
 1697  defined in s. 402.302(17) satisfies this requirement. A provider
 1698  shall be denied initial eligibility to offer the program if the
 1699  provider has been cited for a Class I violation in the 12 months
 1700  before seeking eligibility. An existing provider that is cited
 1701  for a Class I violation may not have its eligibility renewed for
 1702  12 months. A provider that is cited for a Class I violation may
 1703  remain eligible to deliver the program if the Department of
 1704  Children and Families or local licensing agency upon final
 1705  disposition of a Class I violation has rescinded its initial
 1706  citation in accordance with the criteria for consideration
 1707  outlined in s. 1002.82(2)(m)2 A faith-based child care provider,
 1708  an informal child care provider, or a nonpublic school, exempt
 1709  from licensure under s. 402.316 or s. 402.3025, shall annually
 1710  complete the health and safety checklist adopted by the office,
 1711  post the checklist prominently on its premises in plain sight
 1712  for visitors and parents, and submit it annually to its local
 1713  early learning coalition.
 1714         (l) For a provider that is not an informal provider,
 1715  Maintain general liability insurance and provide the coalition
 1716  with written evidence of general liability insurance coverage,
 1717  including coverage for transportation of children if school
 1718  readiness program children are transported by the provider. A
 1719  private provider must obtain and retain an insurance policy that
 1720  provides a minimum of $100,000 of coverage per occurrence and a
 1721  minimum of $300,000 general aggregate coverage. The office may
 1722  authorize lower limits upon request, as appropriate. A provider
 1723  must add the coalition as a named certificateholder and as an
 1724  additional insured. A private provider must provide the
 1725  coalition with a minimum of 10 calendar days’ advance written
 1726  notice of cancellation of or changes to coverage. The general
 1727  liability insurance required by this paragraph must remain in
 1728  full force and effect for the entire period of the provider
 1729  contract with the coalition.
 1730         (m) For a provider that is an informal provider, comply
 1731  with the provisions of paragraph (l) or maintain homeowner’s
 1732  liability insurance and, if applicable, a business rider. If an
 1733  informal provider chooses to maintain a homeowner’s policy, the
 1734  provider must obtain and retain a homeowner’s insurance policy
 1735  that provides a minimum of $100,000 of coverage per occurrence
 1736  and a minimum of $300,000 general aggregate coverage. The office
 1737  may authorize lower limits upon request, as appropriate. An
 1738  informal provider must add the coalition as a named
 1739  certificateholder and as an additional insured. An informal
 1740  provider must provide the coalition with a minimum of 10
 1741  calendar days’ advance written notice of cancellation of or
 1742  changes to coverage. The general liability insurance required by
 1743  this paragraph must remain in full force and effect for the
 1744  entire period of the provider’s contract with the coalition.
 1745         (m)(n) Obtain and maintain any required workers’
 1746  compensation insurance under chapter 440 and any required
 1747  reemployment assistance or unemployment compensation coverage
 1748  under chapter 443, unless exempt under state or federal law.
 1749         (n)(o) Notwithstanding paragraph (l), for a provider that
 1750  is a state agency or a subdivision thereof, as defined in s.
 1751  768.28(2), agree to notify the coalition of any additional
 1752  liability coverage maintained by the provider in addition to
 1753  that otherwise established under s. 768.28. The provider shall
 1754  indemnify the coalition to the extent permitted by s. 768.28.
 1755         (o)(p) Execute the standard statewide provider contract
 1756  adopted by the office.
 1757         (p)(q) Operate on a full-time and part-time basis and
 1758  provide extended-day and extended-year services to the maximum
 1759  extent possible without compromising the quality of the program
 1760  to meet the needs of parents who work.
 1761         (2)Beginning January 1, 2016, at least 50 percent of the
 1762  child care personnel employed by a school readiness provider at
 1763  each location, who are responsible for supervising children in
 1764  care, must be trained in first aid and infant and child
 1765  cardiopulmonary resuscitation, as evidenced by current
 1766  documentation of course completion. As a condition of
 1767  employment, personnel hired on or after January 1, 2016, must
 1768  complete this training within 60 days after employment.
 1769         (3) Beginning January 1, 2017, child care personnel
 1770  employed by a school readiness program provider must hold a high
 1771  school diploma or its equivalent and be at least 18 years of
 1772  age, unless the personnel are not responsible for supervising
 1773  children in care or are under direct supervision.
 1774         (4)(2) If a school readiness program provider fails or
 1775  refuses to comply with this part or any contractual obligation
 1776  of the statewide provider contract under s. 1002.82(2)(m), the
 1777  coalition may revoke the provider’s eligibility to deliver the
 1778  school readiness program or receive state or federal funds under
 1779  this chapter for a period of 5 years.
 1780         Section 28. Paragraph (b) of subsection (6) and subsection
 1781  (7) of Section 1002.89, Florida Statutes, are amended to read:
 1782         1002.89 School readiness program; funding.—
 1783         (6) Costs shall be kept to the minimum necessary for the
 1784  efficient and effective administration of the school readiness
 1785  program with the highest priority of expenditure being direct
 1786  services for eligible children. However, no more than 5 percent
 1787  of the funds described in subsection (5) may be used for
 1788  administrative costs and no more than 22 percent of the funds
 1789  described in subsection (5) may be used in any fiscal year for
 1790  any combination of administrative costs, quality activities, and
 1791  nondirect services as follows:
 1792         (b) Activities to improve the quality of child care as
 1793  described in 45 C.F.R. s. 98.51, which must shall be limited to
 1794  the following:
 1795         1. Developing, establishing, expanding, operating, and
 1796  coordinating resource and referral programs specifically related
 1797  to the provision of comprehensive consumer education to parents
 1798  and the public to promote informed child care choices specified
 1799  in 45 C.F.R. s. 98.33 regarding participation in the school
 1800  readiness program and parental choice.
 1801         2. Awarding grants and providing financial support to
 1802  school readiness program providers and their staffs to assist
 1803  them in meeting applicable state requirements for child care
 1804  performance standards, implementing developmentally appropriate
 1805  curricula and related classroom resources that support
 1806  curricula, providing literacy supports, obtaining a license or
 1807  accreditation, and providing professional development, including
 1808  scholarships and other incentives. Any grants awarded pursuant
 1809  to this subparagraph shall comply with the requirements of ss.
 1810  215.971 and 287.058.
 1811         3. Providing training, and technical assistance, and
 1812  financial support for school readiness program providers, staff,
 1813  and parents on standards, child screenings, child assessments,
 1814  developmentally appropriate curricula, character development,
 1815  teacher-child interactions, age-appropriate discipline
 1816  practices, health and safety, nutrition, first aid,
 1817  cardiopulmonary resuscitation, the recognition of communicable
 1818  diseases, and child abuse detection and prevention.
 1819         4. Providing from among the funds provided for the
 1820  activities described in subparagraphs 1.-3., adequate funding
 1821  for infants and toddlers as necessary to meet federal
 1822  requirements related to expenditures for quality activities for
 1823  infant and toddler care.
 1824         5. Improving the monitoring of compliance with, and
 1825  enforcement of, applicable state and local requirements as
 1826  described in and limited by 45 C.F.R. s. 98.40.
 1827         6. Responding to Warm-Line requests by providers and
 1828  parents related to school readiness program children, including
 1829  providing developmental and health screenings to school
 1830  readiness program children.
 1831         (7) Funds appropriated for the school readiness program may
 1832  not be expended for the purchase or improvement of land; for the
 1833  purchase, construction, or permanent improvement of any building
 1834  or facility; or for the purchase of buses. However, funds may be
 1835  expended for minor remodeling necessary for the administration
 1836  of the program and upgrading of child care facilities to ensure
 1837  that providers meet state and local child care standards,
 1838  including applicable health and safety requirements.
 1839         Section 29. Subsection (7) of section 1002.91, Florida
 1840  Statutes, is amended to read:
 1841         1002.91 Investigations of fraud or overpayment; penalties.—
 1842         (7) The early learning coalition may not contract with a
 1843  school readiness program provider, or a Voluntary
 1844  Prekindergarten Education Program provider, or an individual who
 1845  is on the United States Department of Agriculture National
 1846  Disqualified List. In addition, the coalition may not contract
 1847  with any provider that shares an officer or director with a
 1848  provider that is on the United States Department of Agriculture
 1849  National Disqualified List.
 1850         Section 30. Paragraph (d) of subsection (3) of section
 1851  1002.94, Florida Statutes, is amended to read:
 1852         1002.94 Child Care Executive Partnership Program.—
 1853         (3)
 1854         (d) Each early learning coalition shall establish a
 1855  community child care task force for each child care purchasing
 1856  pool. The task force must be composed of employers, parents,
 1857  private child care providers, and one representative from the
 1858  local children’s services council, if one exists in the area of
 1859  the purchasing pool. The early learning coalition is expected to
 1860  recruit the task force members from existing child care
 1861  councils, commissions, or task forces already operating in the
 1862  area of a purchasing pool. A majority of the task force shall
 1863  consist of employers.
 1864         Section 31. The Office of Early Learning shall conduct a 2
 1865  year pilot project to study the impact of assessing the early
 1866  literacy skills of Voluntary Prekindergarten Education Program
 1867  participants who are English Language Learners, in both English
 1868  and Spanish. The assessments must include, at a minimum, the
 1869  first administration of the Florida Assessments for Instruction
 1870  in Reading in kindergarten and an appropriate alternative
 1871  assessment in Spanish. The study must include a review of the
 1872  kindergarten screening results for 2009-2010 and 2010-2011
 1873  program participants and their subsequent Florida Comprehensive
 1874  Assessment Test scores. The office shall report its findings to
 1875  the Governor, the President of the Senate, and the Speaker of
 1876  the House of Representatives by July 1, 2016, and July 1, 2017.
 1877         Section 32. For the 2015-2016 fiscal year, the sums of
 1878  $1,034,965 in recurring funds and $11,319 in nonrecurring funds
 1879  from the General Revenue Fund, and $70,800 in recurring funds
 1880  from the Operations and Maintenance Trust Fund are appropriated
 1881  to the Department of Children and Families, and 18 full-time
 1882  equivalent positions with associated salary rate of 608,446 are
 1883  authorized, for the purpose of implementing the regulatory
 1884  provisions of this act.
 1885         Section 33. This act shall take effect July 1, 2015.