Florida Senate - 2016 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 1166
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Education)
1 A bill to be entitled
2 An act relating to education; amending s. 39.201,
3 F.S.; providing an exception from a prohibition
4 against the use of information in the Department of
5 Children and Families central abuse hotline for
6 employment screening of certain child care personnel;
7 amending s. 39.202, F.S.; expanding the list of
8 entities that have access to child abuse records for
9 purposes of approving providers of school readiness
10 services; amending s. 402.302, F.S.; revising the
11 definition of the term “screening” for purposes of
12 child care licensing requirements; amending s.
13 402.3057, F.S.; clarifying individuals who are exempt
14 from certain refingerprinting or rescreening
15 requirements; amending s. 402.306, F.S.; requiring the
16 Department of Children and Families and local
17 licensing agencies to electronically post certain
18 information relating to child care and school
19 readiness providers; amending s. 402.311, F.S.;
20 requiring school readiness program providers to
21 provide the Department of Children and Families or
22 local licensing agencies with access to facilities,
23 personnel, and records for inspection purposes;
24 amending s. 402.319, F.S.; requiring certain child
25 care providers to submit an affidavit of compliance
26 with certain mandatory reporting requirements;
27 amending s. 409.1757, F.S.; clarifying individuals who
28 are exempt from certain refingerprinting or
29 rescreening requirements; amending s. 435.07, F.S.;
30 providing criteria for a person’s disqualification
31 from employment with a school readiness program
32 provider; amending s. 1001.42, F.S.; revising the
33 duties of a district school board; creating s.
34 1001.67, F.S.; establishing a collaboration between
35 the state board and the Legislature to designate
36 certain Florida College System institutions as
37 distinguished colleges; specifying standards for the
38 designation; requiring the state board to award the
39 designation to certain Florida College System
40 institutions; providing that the designated
41 institutions are eligible for funding as specified in
42 the General Appropriations Act; amending s. 1002.82,
43 F.S.; revising the duties of the Office of Early
44 Learning of the Department of Education; requiring the
45 office to coordinate with the Department of Children
46 and Families and local licensing agencies for
47 inspections of school readiness program providers;
48 amending s. 1002.84, F.S.; revising provisions
49 relating to determination of child eligibility for
50 school readiness programs; revising requirements for
51 determining parent copayments for the programs;
52 amending s. 1002.87, F.S.; revising the prioritization
53 of participation in school readiness programs;
54 revising school readiness program eligibility
55 requirements for parents; amending s. 1002.88, F.S.;
56 revising requirements for school readiness program
57 providers; amending s. 1002.89, F.S.; providing for
58 additional uses of funds for school readiness
59 programs; amending s. 1004.935, F.S.; deleting the
60 scheduled termination of the Adults with Disabilities
61 Workforce Education Pilot Program; changing the name
62 of the program to the “Adults with Disabilities
63 Workforce Education Program”; amending s. 1011.62,
64 F.S.; revising the calculation for certain
65 supplemental funds for exceptional student education
66 programs; requiring the funds to be prorated under
67 certain circumstances; revising the funding of full
68 time equivalent values for students who earn CAPE
69 industry certifications through dual enrollment;
70 deleting a provision prohibiting a teacher’s bonus
71 from exceeding a specified amount; creating a
72 federally connected student supplement for school
73 districts; specifying eligibility requirements and
74 calculations for allocations of the supplement;
75 amending s. 1011.71, F.S.; conforming a cross
76 reference; providing effective dates.
78 Be It Enacted by the Legislature of the State of Florida:
80 Section 1. Subsection (6) of section 39.201, Florida
81 Statutes, is amended to read:
82 39.201 Mandatory reports of child abuse, abandonment, or
83 neglect; mandatory reports of death; central abuse hotline.—
84 (6) Information in the central abuse hotline may not be
85 used for employment screening, except as provided in s.
86 39.202(2)(a) and (h) or s. 402.302(15). Information in the
87 central abuse hotline and the department’s automated abuse
88 information system may be used by the department, its authorized
89 agents or contract providers, the Department of Health, or
90 county agencies as part of the licensure or registration process
91 pursuant to ss. 402.301-402.319 and ss. 409.175-409.176.
92 Section 2. Paragraph (a) of subsection (2) of section
93 39.202, Florida Statutes, is amended to read:
94 39.202 Confidentiality of reports and records in cases of
95 child abuse or neglect.—
96 (2) Except as provided in subsection (4), access to such
97 records, excluding the name of the reporter which shall be
98 released only as provided in subsection (5), shall be granted
99 only to the following persons, officials, and agencies:
100 (a) Employees, authorized agents, or contract providers of
101 the department, the Department of Health, the Agency for Persons
102 with Disabilities, the Office of Early Learning, or county
103 agencies responsible for carrying out:
104 1. Child or adult protective investigations;
105 2. Ongoing child or adult protective services;
106 3. Early intervention and prevention services;
107 4. Healthy Start services;
108 5. Licensure or approval of adoptive homes, foster homes,
109 child care facilities, facilities licensed under chapter 393,
110 family day care homes, or informal child care providers who
111 receive school readiness funding under part VI of chapter 1002,
112 or other homes used to provide for the care and welfare of
113 children; or
114 6. Services for victims of domestic violence when provided
115 by certified domestic violence centers working at the
116 department’s request as case consultants or with shared clients.
118 Also, employees or agents of the Department of Juvenile Justice
119 responsible for the provision of services to children, pursuant
120 to chapters 984 and 985.
121 Section 3. Subsection (15) of section 402.302, Florida
122 Statutes, is amended to read:
123 402.302 Definitions.—As used in this chapter, the term:
124 (15) “Screening” means the act of assessing the background
125 of child care personnel, in accordance with state and federal
126 law, and volunteers and includes, but is not limited to: ,
127 (a) Employment history checks, including documented
128 attempts to contact each employer that employed the applicant
129 within the preceding 5 years and documentation of the findings.
130 (b) A search of the criminal history records, sexual
131 predator and sexual offender registry, and child abuse and
132 neglect registry of any state in which the applicant resided
133 during the preceding 5 years.
135 An applicant must submit a full set of fingerprints to the
136 department or to a vendor, an entity, or an agency authorized by
137 s. 943.053(13). The department, vendor, entity, or agency shall
138 forward the fingerprints to local criminal records checks
139 through local law enforcement agencies, fingerprinting for all
140 purposes and checks in this subsection, statewide criminal
141 records checks through the Department of Law Enforcement for
142 state processing, and the Department of Law Enforcement shall
143 forward the fingerprints to , and federal criminal records checks
144 through the Federal Bureau of Investigation for national
146 Section 4. Section 402.3057, Florida Statutes, is amended
147 to read:
148 402.3057 Individuals Persons not required to be
149 refingerprinted or rescreened.—Individuals Any provision of law
150 to the contrary notwithstanding, human resource personnel who
151 have been fingerprinted or screened pursuant to chapters 393,
152 394, 397, 402, and 409, and teachers and noninstructional
153 personnel who have been fingerprinted pursuant to chapter 1012,
154 who have not been unemployed for more than 90 days thereafter,
155 and who under the penalty of perjury attest to the completion of
156 such fingerprinting or screening and to compliance with the
157 provisions of this section and the standards for good moral
158 character as contained in such provisions as ss. 110.1127(2)(c),
159 393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6),
160 are shall not be required to be refingerprinted or rescreened in
161 order to comply with any caretaker screening or fingerprinting
162 requirements of this chapter.
163 Section 5. Subsection (3) of section 402.306, Florida
164 Statutes, is amended to read:
165 402.306 Designation of licensing agency; dissemination by
166 the department and local licensing agency of information on
167 child care.—
168 (3) The department and local licensing agencies, or the
169 designees thereof, shall be responsible for coordination and
170 dissemination of information on child care to the community and
171 shall make available through electronic means upon request all
172 licensing standards and procedures, health and safety standards
173 for school readiness providers, monitoring and inspection
174 reports, and in addition to the names and addresses of licensed
175 child care facilities, school readiness program providers, and,
176 where applicable pursuant to s. 402.313, licensed or registered
177 family day care homes. This information must also include the
178 number of deaths, serious injuries, and instances of
179 substantiated child abuse which have occurred in child care
180 settings each year; research and best practices in child
181 development; and resources regarding social-emotional
182 development, parent and family engagement, healthy eating, and
183 physical activity.
184 Section 6. Section 402.311, Florida Statutes, is amended to
186 402.311 Inspection.—
187 (1) A licensed child care facility shall accord to the
188 department or the local licensing agency, whichever is
189 applicable, the privilege of inspection, including access to
190 facilities and personnel and to those records required in s.
191 402.305, at reasonable times during regular business hours, to
192 ensure compliance with the provisions of ss. 402.301-402.319.
193 The right of entry and inspection shall also extend to any
194 premises which the department or local licensing agency has
195 reason to believe are being operated or maintained as a child
196 care facility without a license, but no such entry or inspection
197 of any premises shall be made without the permission of the
198 person in charge thereof unless a warrant is first obtained from
199 the circuit court authorizing such entry or inspection same. Any
200 application for a license or renewal made pursuant to this act
201 or the advertisement to the public for the provision of child
202 care as defined in s. 402.302 shall constitute permission for
203 any entry or inspection of the premises for which the license is
204 sought in order to facilitate verification of the information
205 submitted on or in connection with the application. In the event
206 a licensed facility refuses permission for entry or inspection
207 to the department or local licensing agency, a warrant shall be
208 obtained from the circuit court authorizing entry or inspection
209 before same prior to such entry or inspection. The department or
210 local licensing agency may institute disciplinary proceedings
211 pursuant to s. 402.310 , for such refusal.
212 (2) A school readiness program provider shall accord to the
213 department or the local licensing agency, whichever is
214 applicable, the privilege of inspection, including access to
215 facilities, personnel, and records, to verify compliance with s.
216 1002.88. Entry, inspection, and issuance of an inspection report
217 by the department or the local licensing agency to verify
218 compliance with s. 1002.88 is an exercise of a discretionary
219 power to enforce compliance with the laws duly enacted by a
220 governmental body.
221 (3) The department’s issuance, transmittal, or publication
222 of an inspection report resulting from an inspection under this
223 section does not constitute agency action subject to chapter
225 Section 7. Subsection (3) is added to section 402.319,
226 Florida Statutes, to read:
227 402.319 Penalties.—
228 (3) Each child care facility, family day care home, and
229 large family day care home shall annually submit an affidavit of
230 compliance with s. 39.201.
231 Section 8. Section 409.1757, Florida Statutes, is amended
232 to read:
233 409.1757 Individuals Persons not required to be
234 refingerprinted or rescreened.—Individuals Any law to the
235 contrary notwithstanding, human resource personnel who have been
236 fingerprinted or screened pursuant to chapters 393, 394, 397,
237 402, and this chapter, teachers who have been fingerprinted
238 pursuant to chapter 1012, and law enforcement officers who meet
239 the requirements of s. 943.13, who have not been unemployed for
240 more than 90 days thereafter, and who under the penalty of
241 perjury attest to the completion of such fingerprinting or
242 screening and to compliance with this section and the standards
243 for good moral character as contained in such provisions as ss.
244 110.1127(2)(c), 393.0655(1), 394.457(6), 397.451, 402.305(2),
245 409.175(6), and 943.13(7), are not required to be
246 refingerprinted or rescreened in order to comply with any
247 caretaker screening or fingerprinting requirements of this
249 Section 9. Paragraph (c) is added to subsection (4) of
250 section 435.07, Florida Statutes, to read:
251 435.07 Exemptions from disqualification.—Unless otherwise
252 provided by law, the provisions of this section apply to
253 exemptions from disqualification for disqualifying offenses
254 revealed pursuant to background screenings required under this
255 chapter, regardless of whether those disqualifying offenses are
256 listed in this chapter or other laws.
258 (c) A person is ineligible for employment with a provider
259 that receives school readiness funding under part VI of chapter
260 1002 if the person has been convicted of:
261 1. A felony offense prohibited under any of the following
263 a. Chapter 741, relating to domestic violence.
264 b. Section 782.04, relating to murder.
265 c. Section 782.07, relating to manslaughter, aggravated
266 manslaughter of an elderly person or a disabled adult,
267 aggravated manslaughter of a child, or aggravated manslaughter
268 of an officer, a firefighter, an emergency medical technician,
269 or a paramedic.
270 d. Section 784.021, relating to aggravated assault.
271 e. Section 784.045, relating to aggravated battery.
272 f. Section 787.01, relating to kidnapping.
273 g. Section 787.025, relating to luring or enticing a child.
274 h. Section 787.04(2), relating to leading, taking,
275 enticing, or removing a minor beyond the state limits, or
276 concealing the location of a minor, with criminal intent,
277 pending custody proceedings.
278 i. Section 787.04(3), relating to leading, taking,
279 enticing, or removing a minor beyond the state limits, or
280 concealing the location of a minor, with criminal intent,
281 pending dependency proceedings or proceedings concerning alleged
282 abuse or neglect of a minor.
283 j. Section 794.011, relating to sexual battery.
284 k. Former s. 794.041, relating to sexual activity with or
285 solicitation of a child by a person in familial or custodial
287 l. Section 794.05, relating to unlawful sexual activity
288 with certain minors.
289 m. Section 794.08, relating to female genital mutilation.
290 n. Section 806.01, relating to arson.
291 o. Section 826.04, relating to incest.
292 p. Section 827.03, relating to child abuse, aggravated
293 child abuse, or neglect of a child.
294 q. Section 827.04, relating to contributing to the
295 delinquency or dependency of a child.
296 r. Section 827.071, relating to sexual performance by a
298 s. Section 985.701, relating to sexual misconduct in
299 juvenile justice programs.
300 2. A misdemeanor offense prohibited under any of the
301 following statutes:
302 a. Section 784.03, relating to battery, if the victim of
303 the offense was a minor.
304 b. Section 787.025, relating to luring or enticing a child.
305 3. A criminal act committed in another state or under
306 federal law which, if committed in this state, would constitute
307 an offense prohibited under any statute listed in subparagraph
308 1. or subparagraph 2.
309 Section 10. Present subsection (27) of section 1001.42,
310 Florida Statutes, is redesignated as subsection (28), and a new
311 subsection (27) is added to that section, to read:
312 1001.42 Powers and duties of district school board.—The
313 district school board, acting as a board, shall exercise all
314 powers and perform all duties listed below:
315 (27) VISITATION OF SCHOOLS.—Visit the schools, observe the
316 management and instruction, give suggestions for improvement,
317 and advise citizens with the view of promoting interest in
318 education and improving the school.
319 Section 11. Section 1001.67, Florida Statutes, is created
320 to read:
321 1001.67 Distinguished Florida College System Program.—A
322 collaborative partnership is established between the State Board
323 of Education and the Legislature to recognize the excellence of
324 Florida’s highest-performing Florida College system
326 (1) EXCELLENCE STANDARDS.—The following excellence
327 standards are established for the program:
328 (a) A 150 percent-of-normal-time completion rate of 50
329 percent or higher, as calculated by the Division of Florida
331 (b) A 150 percent-of-normal-time completion rate for Pell
332 Grant recipients of 40 percent or higher, as calculated by the
333 Division of Florida Colleges.
334 (c) A retention rate of 70 percent or higher, as calculated
335 by the Division of Florida Colleges.
336 (d) A continuing education, or transfer, rate of 72 percent
337 or higher for students graduating with an associate of arts
338 degree, as reported by the Florida Education and Training
339 Placement Information Program (FETPIP).
340 (e) A licensure passage rate on the National Council
341 Licensure Examination for Registered Nurses (NCLEX-RN) of 90
342 percent or higher for first-time exam takers, as reported by the
343 Board of Nursing.
344 (f) A job placement or continuing education rate of 88
345 percent or higher for workforce programs, as reported by FETPIP.
346 (g) A time-to-degree for students graduating with an
347 associate of arts degree of 2.25 years or less for first-time
348 in-college students with accelerated college credits, as
349 reported by the Southern Regional Education Board.
350 (2) DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
351 Education shall designate each Florida College System
352 institution that meets five of the seven standards identified in
353 subsection (1) as a distinguished college.
354 (3) DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
355 institution designated as a distinguished college by the State
356 Board of Education is eligible for funding as specified in the
357 General Appropriations Act.
358 Section 12. Paragraph (i) of subsection (2) of section
359 1002.82, Florida Statutes, is amended, and paragraphs (s)
360 through (x) are added to that subsection, to read:
361 1002.82 Office of Early Learning; powers and duties.—
362 (2) The office shall:
363 (i) Enter into a memorandum of understanding with local
364 licensing agencies and Develop, in coordination with the Child
365 Care Services Program Office of the Department of Children and
366 Families for inspections of school readiness program providers
367 to monitor and verify compliance with s. 1002.88 and the health
368 and safety checklist adopted by the office. The provider
369 contract of a school readiness program provider that refuses
370 permission for entry or inspection shall be terminated. The , and
371 adopt a health and safety checklist may to be completed by
372 license-exempt providers that does not exceed the requirements
373 of s. 402.305 and the Child Care and Development Fund pursuant
374 to 45 C.F.R. part 98.
375 (s) Develop and implement strategies to increase the supply
376 and improve the quality of child care services for infants and
377 toddlers, children with disabilities, children who receive care
378 during nontraditional hours, children in underserved areas, and
379 children in areas that have significant concentrations of
380 poverty and unemployment.
381 (t) Establish preservice and inservice training
382 requirements that address, at a minimum, school readiness child
383 development standards, health and safety requirements, and
384 social-emotional behavior intervention models, which may include
385 positive behavior intervention and support models.
386 (u) Establish standards for emergency preparedness plans
387 for school readiness program providers.
388 (v) Establish group sizes.
389 (w) Establish staff-to-children ratios that do not exceed
390 the requirements of s. 402.302(8) or (11) or s. 402.305(4), as
391 applicable, for school readiness program providers.
392 (x) Establish eligibility criteria, including limitations
393 based on income and family assets, in accordance with s. 1002.87
394 and federal law.
395 Section 13. Subsections (7) and (8) of section 1002.84,
396 Florida Statutes, are amended to read:
397 1002.84 Early learning coalitions; school readiness powers
398 and duties.—Each early learning coalition shall:
399 (7) Determine child eligibility pursuant to s. 1002.87 and
400 provider eligibility pursuant to s. 1002.88. At a minimum, Child
401 eligibility must be redetermined annually. Redetermination must
402 also be conducted twice per year for an additional 50 percent of
403 a coalition’s enrollment through a statistically valid random
404 sampling. A coalition must document the reason why a child is no
405 longer eligible for the school readiness program according to
406 the standard codes prescribed by the office.
407 (8) Establish a parent sliding fee scale that provides for
408 requires a parent copayment that is not a barrier to families
409 receiving to participate in the school readiness program
410 services. Providers are required to collect the parent’s
411 copayment. A coalition may, on a case-by-case basis, waive the
412 copayment for an at-risk child or temporarily waive the
413 copayment for a child whose family’s income is at or below the
414 federal poverty level and whose family experiences a natural
415 disaster or an event that limits the parent’s ability to pay,
416 such as incarceration, placement in residential treatment, or
417 becoming homeless, or an emergency situation such as a household
418 fire or burglary, or while the parent is participating in
419 parenting classes. A parent may not transfer school readiness
420 program services to another school readiness program provider
421 until the parent has submitted documentation from the current
422 school readiness program provider to the early learning
423 coalition stating that the parent has satisfactorily fulfilled
424 the copayment obligation.
425 Section 14. Subsections (1), (4), (5), and (6) of section
426 1002.87, Florida Statutes, are amended to read:
427 1002.87 School readiness program; eligibility and
429 (1) Effective August 1, 2013, or upon reevaluation of
430 eligibility for children currently served, whichever is later,
431 Each early learning coalition shall give priority for
432 participation in the school readiness program as follows:
433 (a) Priority shall be given first to a child younger than
434 13 years of age from a family that includes a parent who is
435 receiving temporary cash assistance under chapter 414 and
436 subject to the federal work requirements.
437 (b) Priority shall be given next to an at-risk child
438 younger than 9 years of age.
439 (c) Priority shall be given next to a child from birth to
440 the beginning of the school year for which the child is eligible
441 for admission to kindergarten in a public school under s.
442 1003.21(1)(a)2. who is from a working family that is
443 economically disadvantaged, and may include such child’s
444 eligible siblings, beginning with the school year in which the
445 sibling is eligible for admission to kindergarten in a public
446 school under s. 1003.21(1)(a)2. until the beginning of the
447 school year in which the sibling is eligible to begin 6th grade,
448 provided that the first priority for funding an eligible sibling
449 is local revenues available to the coalition for funding direct
450 services. However, a child eligible under this paragraph ceases
451 to be eligible if his or her family income exceeds 200 percent
452 of the federal poverty level.
453 (d) Priority shall be given next to a child of a parent who
454 transitions from the work program into employment as described
455 in s. 445.032 from birth to the beginning of the school year for
456 which the child is eligible for admission to kindergarten in a
457 public school under s. 1003.21(1)(a)2.
458 (e) Priority shall be given next to an at-risk child who is
459 at least 9 years of age but younger than 13 years of age. An at
460 risk child whose sibling is enrolled in the school readiness
461 program within an eligibility priority category listed in
462 paragraphs (a)-(c) shall be given priority over other children
463 who are eligible under this paragraph.
464 (f) Priority shall be given next to a child who is younger
465 than 13 years of age from a working family that is economically
466 disadvantaged. A child who is eligible under this paragraph
467 whose sibling is enrolled in the school readiness program under
468 paragraph (c) shall be given priority over other children who
469 are eligible under this paragraph. However, a child eligible
470 under this paragraph ceases to be eligible if his or her family
471 income exceeds 200 percent of the federal poverty level.
472 (g) Priority shall be given next to a child of a parent who
473 transitions from the work program into employment as described
474 in s. 445.032 who is younger than 13 years of age.
475 (h) Priority shall be given next to a child who has special
476 needs, has been determined eligible as a student with a
477 disability, has a current individual education plan with a
478 Florida school district, and is not younger than 3 years of age.
479 A special needs child eligible under this paragraph remains
480 eligible until the child is eligible for admission to
481 kindergarten in a public school under s. 1003.21(1)(a)2.
482 (i) Notwithstanding paragraphs (a)-(d), priority shall be
483 given last to a child who otherwise meets one of the eligibility
484 criteria in paragraphs (a)-(d) but who is also enrolled
485 concurrently in the federal Head Start Program and the Voluntary
486 Prekindergarten Education Program.
487 (4) The parent of a child enrolled in the school readiness
488 program must notify the coalition or its designee within 10 days
489 after any change in employment status, income, or family size or
490 failure to maintain attendance at a job training or educational
491 program in accordance with program requirements. Upon
492 notification by the parent, the child’s eligibility must be
494 (5) A child whose eligibility priority category requires
495 the child to be from a working family ceases to be eligible for
496 the school readiness program if a parent with whom the child
497 resides does not reestablish employment or resume attendance at
498 a job training or educational program within 90 60 days after
499 becoming unemployed or ceasing to attend a job training or
500 educational program.
501 (6) Eligibility for each child must be reevaluated
502 annually. Upon reevaluation, a child may not continue to receive
503 school readiness program services if he or she has ceased to be
504 eligible under this section. A child who is ineligible due to a
505 parent’s job loss or cessation of job training or education
506 shall continue to receive school readiness program services for
507 at least 3 months to enable the parent to obtain employment.
508 Section 15. Paragraphs (c), (d), and (e) of subsection (1)
509 of section 1002.88, Florida Statutes, are amended to read:
510 1002.88 School readiness program provider standards;
511 eligibility to deliver the school readiness program.—
512 (1) To be eligible to deliver the school readiness program,
513 a school readiness program provider must:
514 (c) Provide basic health and safety of its premises and
515 facilities and compliance with requirements for age-appropriate
516 immunizations of children enrolled in the school readiness
518 1. For a provider that is licensed child care facility, a
519 large family child care home, or a licensed family day care
520 home, compliance with s. 402.305, s. 402.3131, or s. 402.313 and
521 this subsection, as verified pursuant to s. 402.311, satisfies
522 this requirement.
523 2. For a provider that is a registered family day care home
524 or is not subject to licensure or registration by the Department
525 of Children and Families, compliance with this subsection, as
526 verified pursuant to s. 402.311, satisfies this requirement.
527 Upon such verification, the provider For a public or nonpublic
528 school, compliance with s. 402.3025 or s. 1003.22 satisfies this
529 requirement. A faith-based child care provider, an informal
530 child care provider, or a nonpublic school, exempt from
531 licensure under s. 402.316 or s. 402.3025, shall annually post
532 complete the health and safety checklist adopted by the office ,
533 post the checklist prominently on its premises in plain sight
534 for visitors and parents , and shall annually submit the
535 checklist it annually to its local early learning coalition.
536 (d) Provide an appropriate group size and staff-to-children
537 ratio , pursuant to s. 402.305(4) or s. 402.302(8) or (11), as
538 applicable, and as verified pursuant to s. 402.311.
539 (e) Employ child care personnel, as defined in s.
540 402.302(3), who have satisfied the screening requirements of
541 chapter 402 and fulfilled the training requirements of the
542 office Provide a healthy and safe environment pursuant to s.
543 402.305(5), (6), and (7), as applicable, and as verified
544 pursuant to s. 402.311.
545 Section 16. Paragraph (b) of subsection (6) and subsection
546 (7) of section 1002.89, Florida Statutes, are amended to read:
547 1002.89 School readiness program; funding.—
548 (6) Costs shall be kept to the minimum necessary for the
549 efficient and effective administration of the school readiness
550 program with the highest priority of expenditure being direct
551 services for eligible children. However, no more than 5 percent
552 of the funds described in subsection (5) may be used for
553 administrative costs and no more than 22 percent of the funds
554 described in subsection (5) may be used in any fiscal year for
555 any combination of administrative costs, quality activities, and
556 nondirect services as follows:
557 (b) Activities to improve the quality of child care as
558 described in 45 C.F.R. s. 98.51, which must shall be limited to
559 the following:
560 1. Developing, establishing, expanding, operating, and
561 coordinating resource and referral programs specifically related
562 to the provision of comprehensive consumer education to parents
563 and the public to promote informed child care choices specified
564 in 45 C.F.R. s. 98.33 regarding participation in the school
565 readiness program and parental choice.
566 2. Awarding grants and providing financial support to
567 school readiness program providers and their staff to assist
568 them in meeting applicable state requirements for child care
569 performance standards, implementing developmentally appropriate
570 curricula and related classroom resources that support
571 curricula, providing literacy supports, and providing continued
572 professional development and training. Any grants awarded
573 pursuant to this subparagraph shall comply with the requirements
574 of ss. 215.971 and 287.058.
575 3. Providing training, and technical assistance, and
576 financial support to for school readiness program providers and
577 their , staff , and parents on standards, child screenings, child
578 assessments, child development research and best practices,
579 developmentally appropriate curricula, character development,
580 teacher-child interactions, age-appropriate discipline
581 practices, health and safety, nutrition, first aid,
582 cardiopulmonary resuscitation, the recognition of communicable
583 diseases, and child abuse detection, and prevention, and
585 4. Providing, from among the funds provided for the
586 activities described in subparagraphs 1.-3., adequate funding
587 for infants and toddlers as necessary to meet federal
588 requirements related to expenditures for quality activities for
589 infant and toddler care.
590 5. Improving the monitoring of compliance with, and
591 enforcement of, applicable state and local requirements as
592 described in and limited by 45 C.F.R. s. 98.40.
593 6. Responding to Warm-Line requests by providers and
594 parents related to school readiness program children, including
595 providing developmental and health screenings to school
596 readiness program children.
597 (7) Funds appropriated for the school readiness program may
598 not be expended for the purchase or improvement of land; for the
599 purchase, construction, or permanent improvement of any building
600 or facility; or for the purchase of buses. However, funds may be
601 expended for minor remodeling and upgrading of child care
602 facilities which is necessary for the administration of the
603 program and to ensure that providers meet state and local child
604 care standards, including applicable health and safety
606 Section 17. Effective June 29, 2016, section 1004.935,
607 Florida Statutes, is amended to read:
608 1004.935 Adults with Disabilities Workforce Education Pilot
610 (1) The Adults with Disabilities Workforce Education Pilot
611 Program is established in the Department of Education through
612 June 30, 2016, in Hardee, DeSoto, Manatee, and Sarasota Counties
613 to provide the option of receiving a scholarship for instruction
614 at private schools for up to 30 students who:
615 (a) Have a disability;
616 (b) Are 22 years of age;
617 (c) Are receiving instruction from an instructor in a
618 private school to meet the high school graduation requirements
619 in s. 1002.3105(5) or s. 1003.4282;
620 (d) Do not have a standard high school diploma or a special
621 high school diploma; and
622 (e) Receive “supported employment services,” which means
623 employment that is located or provided in an integrated work
624 setting with earnings paid on a commensurate wage basis and for
625 which continued support is needed for job maintenance.
627 As used in this section, the term “student with a disability”
628 includes a student who is documented as having an intellectual
629 disability; a speech impairment; a language impairment; a
630 hearing impairment, including deafness; a visual impairment,
631 including blindness; a dual sensory impairment; an orthopedic
632 impairment; another health impairment; an emotional or
633 behavioral disability; a specific learning disability,
634 including, but not limited to, dyslexia, dyscalculia, or
635 developmental aphasia; a traumatic brain injury; a developmental
636 delay; or autism spectrum disorder.
637 (2) A student participating in the pilot program may
638 continue to participate in the program until the student
639 graduates from high school or reaches the age of 40 years,
640 whichever occurs first.
641 (3) Supported employment services may be provided at more
642 than one site.
643 (4) The provider of supported employment services must be a
644 nonprofit corporation under s. 501(c)(3) of the Internal Revenue
645 Code which serves Hardee County, DeSoto County, Manatee County,
646 or Sarasota County and must contract with a private school in
647 this state which meets the requirements in subsection (5).
648 (5) A private school that participates in the pilot program
649 may be sectarian or nonsectarian and must:
650 (a) Be academically accountable for meeting the educational
651 needs of the student by annually providing to the provider of
652 supported employment services a written explanation of the
653 student’s progress.
654 (b) Comply with the antidiscrimination provisions of 42
655 U.S.C. s. 2000d.
656 (c) Meet state and local health and safety laws and codes.
657 (d) Provide to the provider of supported employment
658 services all documentation required for a student’s
659 participation, including the private school’s and student’s fee
660 schedules, at least 30 days before any quarterly scholarship
661 payment is made for the student. A student is not eligible to
662 receive a quarterly scholarship payment if the private school
663 fails to meet this deadline.
665 The inability of a private school to meet the requirements of
666 this subsection constitutes a basis for the ineligibility of the
667 private school to participate in the pilot program.
668 (6)(a) If the student chooses to participate in the pilot
669 program and is accepted by the provider of supported employment
670 services, the student must notify the Department of Education of
671 his or her acceptance into the program 60 days before the first
672 scholarship payment and before participating in the pilot
673 program in order to be eligible for the scholarship.
674 (b) Upon receipt of a scholarship warrant, the student or
675 parent to whom the warrant is made must restrictively endorse
676 the warrant to the provider of supported employment services for
677 deposit into the account of the provider. The student or parent
678 may not designate any entity or individual associated with the
679 participating provider of supported employment services as the
680 student’s or parent’s attorney in fact to endorse a scholarship
681 warrant. A participant who fails to comply with this paragraph
682 forfeits the scholarship.
683 (7) Funds for the scholarship shall be provided from the
684 appropriation from the school district’s Workforce Development
685 Fund in the General Appropriations Act for students who reside
686 in the Hardee County School District, the DeSoto County School
687 District, the Manatee County School District, or the Sarasota
688 County School District. During the pilot program, The
689 scholarship amount granted for an eligible student with a
690 disability shall be equal to the cost per unit of a full-time
691 equivalent adult general education student, multiplied by the
692 adult general education funding factor, and multiplied by the
693 district cost differential pursuant to the formula required by
694 s. 1011.80(6)(a) for the district in which the student resides.
695 (8) Upon notification by the Department of Education that
696 it has received the required documentation, the Chief Financial
697 Officer shall make scholarship payments in four equal amounts no
698 later than September 1, November 1, February 1, and April 1 of
699 each academic year in which the scholarship is in force. The
700 initial payment shall be made after the Department of Education
701 verifies that the student was accepted into the pilot program,
702 and subsequent payments shall be made upon verification of
703 continued participation in the pilot program. Payment must be by
704 individual warrant made payable to the student or parent and
705 mailed by the Department of Education to the provider of
706 supported employment services, and the student or parent shall
707 restrictively endorse the warrant to the provider of supported
708 employment services for deposit into the account of that
710 (9) Subsequent to each scholarship payment, the Department
711 of Education shall request from the Department of Financial
712 Services a sample of endorsed warrants to review and confirm
713 compliance with endorsement requirements.
714 Section 18. Effective July 1, 2016, and upon the expiration
715 of the amendment to section 1011.62, Florida Statutes, made by
716 chapter 2015-222, Laws of Florida, paragraphs (e) and (o) of
717 subsection (1), paragraph (a) of subsection (4), and present
718 subsection (13) of that section are amended, present subsections
719 (13), (14), and (15) of that section are redesignated as
720 subsections (14), (15), and (16), respectively, and a new
721 subsection (13) is added to that section, to read:
722 1011.62 Funds for operation of schools.—If the annual
723 allocation from the Florida Education Finance Program to each
724 district for operation of schools is not determined in the
725 annual appropriations act or the substantive bill implementing
726 the annual appropriations act, it shall be determined as
728 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
729 OPERATION.—The following procedure shall be followed in
730 determining the annual allocation to each district for
732 (e) Funding model for exceptional student education
734 1.a. The funding model uses basic, at-risk, support levels
735 IV and V for exceptional students and career Florida Education
736 Finance Program cost factors, and a guaranteed allocation for
737 exceptional student education programs. Exceptional education
738 cost factors are determined by using a matrix of services to
739 document the services that each exceptional student will
740 receive. The nature and intensity of the services indicated on
741 the matrix shall be consistent with the services described in
742 each exceptional student’s individual educational plan. The
743 Department of Education shall review and revise the descriptions
744 of the services and supports included in the matrix of services
745 for exceptional students and shall implement those revisions
746 before the beginning of the 2012-2013 school year.
747 b. In order to generate funds using one of the two weighted
748 cost factors, a matrix of services must be completed at the time
749 of the student’s initial placement into an exceptional student
750 education program and at least once every 3 years by personnel
751 who have received approved training. Nothing listed in the
752 matrix shall be construed as limiting the services a school
753 district must provide in order to ensure that exceptional
754 students are provided a free, appropriate public education.
755 c. Students identified as exceptional, in accordance with
756 chapter 6A-6, Florida Administrative Code, who do not have a
757 matrix of services as specified in sub-subparagraph b. shall
758 generate funds on the basis of full-time-equivalent student
759 membership in the Florida Education Finance Program at the same
760 funding level per student as provided for basic students.
761 Additional funds for these exceptional students will be provided
762 through the guaranteed allocation designated in subparagraph 2.
763 2. For students identified as exceptional who do not have a
764 matrix of services and students who are gifted in grades K
765 through 8, there is created a guaranteed allocation to provide
766 these students with a free appropriate public education, in
767 accordance with s. 1001.42(4)(l) and rules of the State Board of
768 Education, which shall be allocated initially annually to each
769 school district in the amount provided in the General
770 Appropriations Act. These funds shall be supplemental in
771 addition to the funds appropriated for the basic funding level
772 on the basis of FTE student membership in the Florida Education
773 Finance Program, and the amount allocated for each school
774 district shall not be recalculated once during the year, based
775 on actual student membership from the October FTE survey. Upon
776 recalculation, if the generated allocation is greater than the
777 amount provided in the General Appropriations Act, the total
778 shall be prorated to the level of the appropriation based on
779 each district’s share of the total recalculated amount. These
780 funds shall be used to provide special education and related
781 services for exceptional students and students who are gifted in
782 grades K through 8. Beginning with the 2007-2008 fiscal year, A
783 district’s expenditure of funds from the guaranteed allocation
784 for students in grades 9 through 12 who are gifted may not be
785 greater than the amount expended during the 2006-2007 fiscal
786 year for gifted students in grades 9 through 12.
787 (o) Calculation of additional full-time equivalent
788 membership based on successful completion of a career-themed
789 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
790 courses with embedded CAPE industry certifications or CAPE
791 Digital Tool certificates, and issuance of industry
792 certification identified on the CAPE Industry Certification
793 Funding List pursuant to rules adopted by the State Board of
794 Education or CAPE Digital Tool certificates pursuant to s.
796 1.a. A value of 0.025 full-time equivalent student
797 membership shall be calculated for CAPE Digital Tool
798 certificates earned by students in elementary and middle school
800 b. A value of 0.1 or 0.2 full-time equivalent student
801 membership shall be calculated for each student who completes a
802 course as defined in s. 1003.493(1)(b) or courses with embedded
803 CAPE industry certifications and who is issued an industry
804 certification identified annually on the CAPE Industry
805 Certification Funding List approved under rules adopted by the
806 State Board of Education. A value of 0.2 full-time equivalent
807 membership shall be calculated for each student who is issued a
808 CAPE industry certification that has a statewide articulation
809 agreement for college credit approved by the State Board of
810 Education. For CAPE industry certifications that do not
811 articulate for college credit, the Department of Education shall
812 assign a full-time equivalent value of 0.1 for each
813 certification. Middle grades students who earn additional FTE
814 membership for a CAPE Digital Tool certificate pursuant to sub
815 subparagraph a. may not use the previously funded examination to
816 satisfy the requirements for earning an industry certification
817 under this sub-subparagraph. Additional FTE membership for an
818 elementary or middle grades student may shall not exceed 0.1 for
819 certificates or certifications earned within the same fiscal
820 year. The State Board of Education shall include the assigned
821 values on the CAPE Industry Certification Funding List under
822 rules adopted by the state board. Such value shall be added to
823 the total full-time equivalent student membership for grades 6
824 through 12 in the subsequent year for courses that were not
825 provided through dual enrollment. CAPE industry certifications
826 earned through dual enrollment must be reported and funded
827 pursuant to s. 1011.80. However, if a student earns a
828 certification through a dual enrollment course and the
829 certification is not a fundable certification on the
830 postsecondary certification funding list, or the dual enrollment
831 certification is earned as a result of an agreement between a
832 school district and a nonpublic postsecondary institution, the
833 bonus value shall be funded in the same manner as other nondual
834 enrollment course industry certifications. In such cases, the
835 school district may provide for an agreement between the high
836 school and the technical center, or the school district and the
837 postsecondary institution may enter into an agreement for
838 equitable distribution of the bonus funds.
839 c. A value of 0.3 full-time equivalent student membership
840 shall be calculated for student completion of the courses and
841 the embedded certifications identified on the CAPE Industry
842 Certification Funding List and approved by the commissioner
843 pursuant to ss. 1003.4203(5)(a) and 1008.44.
844 d. A value of 0.5 full-time equivalent student membership
845 shall be calculated for CAPE Acceleration Industry
846 Certifications that articulate for 15 to 29 college credit
847 hours, and 1.0 full-time equivalent student membership shall be
848 calculated for CAPE Acceleration Industry Certifications that
849 articulate for 30 or more college credit hours pursuant to CAPE
850 Acceleration Industry Certifications approved by the
851 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
852 2. Each district must allocate at least 80 percent of the
853 funds provided for CAPE industry certification, in accordance
854 with this paragraph, to the program that generated the funds.
855 This allocation may not be used to supplant funds provided for
856 basic operation of the program.
857 3. For CAPE industry certifications earned in the 2013-2014
858 school year and in subsequent years, the school district shall
859 distribute to each classroom teacher who provided direct
860 instruction toward the attainment of a CAPE industry
861 certification that qualified for additional full-time equivalent
862 membership under subparagraph 1.:
863 a. A bonus in the amount of $25 for each student taught by
864 a teacher who provided instruction in a course that led to the
865 attainment of a CAPE industry certification on the CAPE Industry
866 Certification Funding List with a weight of 0.1.
867 b. A bonus in the amount of $50 for each student taught by
868 a teacher who provided instruction in a course that led to the
869 attainment of a CAPE industry certification on the CAPE Industry
870 Certification Funding List with a weight of 0.2 , 0.3, 0.5, and
872 c. A bonus of $75 for each student taught by a teacher who
873 provided instruction in a course that led to the attainment of a
874 CAPE industry certification on the CAPE Industry Certification
875 Funding List with a weight of 0.3.
876 d. A bonus of $100 for each student taught by a teacher who
877 provided instruction in a course that led to the attainment of a
878 CAPE industry certification on the CAPE Industry Certification
879 Funding List with a weight of 0.5 or 1.0.
881 Bonuses awarded pursuant to this paragraph shall be provided to
882 teachers who are employed by the district in the year in which
883 the additional FTE membership calculation is included in the
884 calculation. Bonuses shall be calculated based upon the
885 associated weight of a CAPE industry certification on the CAPE
886 Industry Certification Funding List for the year in which the
887 certification is earned by the student. Any bonus awarded to a
888 teacher under this paragraph may not exceed $2,000 in any given
889 school year and is in addition to any regular wage or other
890 bonus the teacher received or is scheduled to receive.
891 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
892 Legislature shall prescribe the aggregate required local effort
893 for all school districts collectively as an item in the General
894 Appropriations Act for each fiscal year. The amount that each
895 district shall provide annually toward the cost of the Florida
896 Education Finance Program for kindergarten through grade 12
897 programs shall be calculated as follows:
898 (a) Estimated taxable value calculations.—
899 1.a. Not later than 2 working days before prior to July 19,
900 the Department of Revenue shall certify to the Commissioner of
901 Education its most recent estimate of the taxable value for
902 school purposes in each school district and the total for all
903 school districts in the state for the current calendar year
904 based on the latest available data obtained from the local
905 property appraisers. The value certified shall be the taxable
906 value for school purposes for that year, and no further
907 adjustments shall be made, except those made pursuant to
908 paragraphs (c) and (d), or an assessment roll change required by
909 final judicial decisions as specified in paragraph (15)(b)
910 ( 14 )(b). Not later than July 19, the Commissioner of Education
911 shall compute a millage rate, rounded to the next highest one
912 one-thousandth of a mill, which, when applied to 96 percent of
913 the estimated state total taxable value for school purposes,
914 would generate the prescribed aggregate required local effort
915 for that year for all districts. The Commissioner of Education
916 shall certify to each district school board the millage rate,
917 computed as prescribed in this subparagraph, as the minimum
918 millage rate necessary to provide the district required local
919 effort for that year.
920 b. The General Appropriations Act shall direct the
921 computation of the statewide adjusted aggregate amount for
922 required local effort for all school districts collectively from
923 ad valorem taxes to ensure that no school district’s revenue
924 from required local effort millage will produce more than 90
925 percent of the district’s total Florida Education Finance
926 Program calculation as calculated and adopted by the
927 Legislature, and the adjustment of the required local effort
928 millage rate of each district that produces more than 90 percent
929 of its total Florida Education Finance Program entitlement to a
930 level that will produce only 90 percent of its total Florida
931 Education Finance Program entitlement in the July calculation.
932 2. On the same date as the certification in sub
933 subparagraph 1.a., the Department of Revenue shall certify to
934 the Commissioner of Education for each district:
935 a. Each year for which the property appraiser has certified
936 the taxable value pursuant to s. 193.122(2) or (3), if
937 applicable, since the prior certification under sub-subparagraph
939 b. For each year identified in sub-subparagraph a., the
940 taxable value certified by the appraiser pursuant to s.
941 193.122(2) or (3), if applicable, since the prior certification
942 under sub-subparagraph 1.a. This is the certification that
943 reflects all final administrative actions of the value
944 adjustment board.
945 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
946 connected student supplement is created to provide supplemental
947 funding for school districts to support the education of
948 students connected with federally owned military installations,
949 National Aeronautics and Space Administration (NASA) real
950 property, and Indian lands. To be eligible for this supplement,
951 the district must be eligible for federal Impact Aid Program
952 funds under s. 8003 of Title VIII of the Elementary and
953 Secondary Education Act of 1965. The supplement shall be
954 allocated annually to each eligible school district in the
955 amount provided in the General Appropriations Act. The
956 supplement shall be the sum of the student allocation and an
957 exempt property allocation.
958 (a) The student allocation shall be calculated based on the
959 number of students reported for federal Impact Aid Program
960 funds, including students with disabilities, who meet one of the
961 following criteria:
962 1. The student has a parent who is on active duty in the
963 uniformed services or is an accredited foreign government
964 official and military officer. Students with disabilities shall
965 also be reported separately for this category.
966 2. The student resides on eligible federally owned Indian
967 land. Students with disabilities shall also be reported
968 separately for this category.
969 3. The student resides with a civilian parent who lives or
970 works on eligible federal property connected with a military
971 installation or NASA. The number of these students shall be
972 multiplied by a factor of 0.5.
973 (b) The total number of federally connected students
974 calculated under paragraph (a) shall be multiplied by a
975 percentage of the base student allocation as provided in the
976 General Appropriations Act. The total of the number of students
977 with disabilities as reported separately under subparagraphs
978 (a)1. and (a)2. shall be multiplied by an additional percentage
979 of the base student allocation as provided in the General
980 Appropriations Act. The base amount and the amount for students
981 with disabilities shall be summed to provide the student
983 (c) The exempt property allocation shall be equal to the
984 tax-exempt value of federal impact aid lands reserved as
985 military installations, real property owned by NASA, or eligible
986 federally owned Indian lands located in the district, as of
987 January 1 of the previous year, multiplied by the millage
988 authorized and levied under s. 1011.71(2).
989 (14) (13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
990 annually in the General Appropriations Act determine a
991 percentage increase in funds per K-12 unweighted FTE as a
992 minimum guarantee to each school district. The guarantee shall
993 be calculated from prior year base funding per unweighted FTE
994 student which shall include the adjusted FTE dollars as provided
995 in subsection (15) ( 14 ), quality guarantee funds, and actual
996 nonvoted discretionary local effort from taxes. From the base
997 funding per unweighted FTE, the increase shall be calculated for
998 the current year. The current year funds from which the
999 guarantee shall be determined shall include the adjusted FTE
1000 dollars as provided in subsection (15) (14) and potential
1001 nonvoted discretionary local effort from taxes. A comparison of
1002 current year funds per unweighted FTE to prior year funds per
1003 unweighted FTE shall be computed. For those school districts
1004 which have less than the legislatively assigned percentage
1005 increase, funds shall be provided to guarantee the assigned
1006 percentage increase in funds per unweighted FTE student. Should
1007 appropriated funds be less than the sum of this calculated
1008 amount for all districts, the commissioner shall prorate each
1009 district’s allocation. This provision shall be implemented to
1010 the extent specifically funded.
1011 Section 19. Effective July 1, 2016, and upon the expiration
1012 of the amendment to section 1011.71, Florida Statutes, made by
1013 chapter 2015-222, Laws of Florida, subsection (1) of that
1014 section is amended to read:
1015 1011.71 District school tax.—
1016 (1) If the district school tax is not provided in the
1017 General Appropriations Act or the substantive bill implementing
1018 the General Appropriations Act, each district school board
1019 desiring to participate in the state allocation of funds for
1020 current operation as prescribed by s. 1011.62(15) s. 1011.62( 14 )
1021 shall levy on the taxable value for school purposes of the
1022 district, exclusive of millage voted under the provisions of s.
1023 9(b) or s. 12, Art. VII of the State Constitution, a millage
1024 rate not to exceed the amount certified by the commissioner as
1025 the minimum millage rate necessary to provide the district
1026 required local effort for the current year, pursuant to s.
1027 1011.62(4)(a)1. In addition to the required local effort millage
1028 levy, each district school board may levy a nonvoted current
1029 operating discretionary millage. The Legislature shall prescribe
1030 annually in the appropriations act the maximum amount of millage
1031 a district may levy.
1032 Section 20. Except as otherwise expressly provided in this
1033 act, this act shall take effect July 1, 2016.