Florida Senate - 2023 SB 990
By Senator Grall
29-01194B-23 2023990__
1 A bill to be entitled
2 An act relating to child care and early learning
3 providers; amending s. 170.201, F.S.; providing an
4 exemption for public and private preschools from
5 specified special assessments levied by a
6 municipality; creating s. 211.0254, F.S.; providing
7 for a tax credit for certain contributions made to a
8 child care facility; providing restrictions on the tax
9 credit; creating s. 212.1835, F.S.; providing for a
10 tax credit for certain contributions made to a child
11 care facility; providing restrictions on the tax
12 credit; creating s. 220.1878, F.S.; providing for a
13 tax credit for certain contributions made to a child
14 care facility; providing restrictions on the tax
15 credit; amending s. 220.19, F.S.; defining terms;
16 authorizing specified tax credits for corporations
17 establishing and operating, or making payments to,
18 child care facilities for their employees under
19 certain conditions; specifying requirements for such
20 credits; providing the maximum amount for all credits;
21 requiring the Department of Revenue to approve
22 applications for such credits before they may be
23 claimed by a corporation; authorizing certain
24 corporations to claim such credits on a consolidated
25 return basis; requiring child care facilities to meet
26 certain requirements for corporations using such
27 facilities to claim such credits; authorizing two or
28 more corporations to jointly establish and operate a
29 child care facility; providing requirements for such
30 joint establishment and its operation; requiring
31 payments to certain child care facilities to meet
32 specified conditions; authorizing corporations to
33 submit applications to qualify for credits beginning
34 on a specified date; providing application
35 requirements; authorizing the department to adopt
36 rules; requiring certain decisions to be in writing
37 and include specified information; requiring prior
38 written verification by a specified entity relating to
39 licensing; amending s. 402.302, F.S.; defining the
40 term “preschool”; amending s. 402.305, F.S.; revising
41 licensing standards for all licensed child care
42 facilities; revising minimum standards and training
43 requirements for child care personnel; requiring the
44 Department of Children and Families to conduct
45 specified screening of child care personnel within a
46 specified timeframe and issue provisional approval of
47 such personnel; requiring the department to evaluate
48 certain training and coursework requirements for child
49 care personnel and the licensing and regulation of
50 child care facilities by a specified date; deleting
51 provisions relating to educating parents about the
52 importance of specified immunizations, a program to
53 assist children in preventing and avoiding physical
54 and mental abuse, and specialized child care
55 facilities for the care of mildly ill children;
56 amending s. 402.3115, F.S.; requiring the department
57 and certain local governmental agencies to develop and
58 implement a plan to eliminate duplicative and
59 unnecessary inspections of home child care providers;
60 revising abbreviated inspection requirements for
61 certain child care facilities; amending s. 402.316,
62 F.S.; authorizing certain child care facilities to
63 operate without a license; creating s. 561.1214, F.S.;
64 providing for a tax credit for certain contributions
65 made to a child care facility; providing restrictions
66 on the tax credit; creating s. 624.51058, F.S.;
67 providing for a tax credit for certain contributions
68 made to a child care facility; providing restrictions
69 on the tax credit; amending s. 627.70161, F.S.;
70 revising legislative purpose and intent; revising
71 definitions; providing that residential property
72 insurance does not cover liability or claims arising
73 out of the operation of a large family child care
74 home; providing that an insurer may not deny, cancel,
75 or refuse to renew a policy on the basis that the
76 policyholder operates a large family child care home;
77 providing conditions under which the insurer may
78 cancel the policy; amending s. 1002.55, F.S.; revising
79 requirements for private prekindergarten providers;
80 amending s. 1002.61, F.S.; revising requirements for
81 public school and private summer prekindergarten
82 program providers; amending s. 1002.67, F.S.;
83 prohibiting certain education providers’ curriculums
84 from using coordinated screening; prohibiting progress
85 monitoring systems from including the student use of
86 electronic devices; providing an exception; amending
87 s. 1002.68, F.S.; requiring program assessments of
88 private prekindergarten providers and public schools
89 in the Voluntary Prekindergarten Education Program to
90 be conducted when a specified number of students are
91 in attendance beginning in a specified program year;
92 requiring the specified methodology for calculating
93 the performance of each private prekindergarten
94 provider and public school provider to include an
95 analysis conducted by an independent expert with
96 specified experience beginning in a specified program
97 year; amending s. 1002.71, F.S.; providing
98 requirements for early learning coalitions retention
99 and expenditure of specified funds; amending s.
100 1002.82, F.S.; revising the powers and duties of the
101 Department of Education relating to the administration
102 of the Child Care and Development Block Grant Trust
103 Fund; amending s. 1002.83, F.S.; revising a provision
104 relating to the appointment of members of an early
105 learning coalition; amending s. 1002.89, F.S.;
106 providing for specified financial support to child
107 care providers and staff to be included in school
108 readiness program costs; amending s. 1002.945, F.S.;
109 revising requirements for a child care provider to
110 obtain and maintain a designation as a Gold Seal
111 Quality Care provider; amending s. 1002.95, F.S.;
112 requiring early learning coalitions to provide
113 specified support to a specified scholarship program;
114 amending s. 1008.25, F.S.; revising reading
115 intervention requirements for Voluntary
116 Prekindergarten Education Program students; amending
117 ss. 39.101, 1002.57, and 1002.59, F.S.; conforming
118 cross-references; providing an effective date.
119
120 Be It Enacted by the Legislature of the State of Florida:
121
122 Section 1. Subsection (2) of section 170.201, Florida
123 Statutes, is amended to read:
124 170.201 Special assessments.—
125 (2) Property owned or occupied by a religious institution
126 and used as a place of worship or education; by a public or
127 private preschool, elementary school, middle school, or high
128 school; or by a governmentally financed, insured, or subsidized
129 housing facility that is used primarily for persons who are
130 elderly or disabled shall be exempt from any special assessment
131 levied by a municipality to fund any service if the municipality
132 so desires. As used in this subsection, the term “religious
133 institution” means any church, synagogue, or other established
134 physical place for worship at which nonprofit religious services
135 and activities are regularly conducted and carried on and the
136 term “governmentally financed, insured, or subsidized housing
137 facility” means a facility that is financed by a mortgage loan
138 made or insured by the United States Department of Housing and
139 Urban Development under s. 8, s. 202, s. 221(d)(3) or (4), s.
140 232, or s. 236 of the National Housing Act and is owned or
141 operated by an entity that qualifies as an exempt charitable
142 organization under s. 501(c)(3) of the Internal Revenue Code.
143 Section 2. Section 211.0254, Florida Statutes, is created
144 to read:
145 211.0254 Credit for contributions to the Early Learning Tax
146 Incentive.—Beginning January 1, 2024, there is allowed a credit
147 of 100 percent of an eligible contribution made to a child care
148 facility on behalf of an employee under s. 220.19 against any
149 tax due under s. 211.02 or s. 211.025. However, the combined
150 credit allowed under this section and s. 211.0251 may not exceed
151 50 percent of the tax due on the return on which the credit is
152 taken. If the combined credit allowed under this section and s.
153 211.0251 exceeds 50 percent of the tax due on the return, the
154 credit must first be taken under s. 211.0251. Any remaining
155 liability must be taken under this section but may not exceed 50
156 percent of the tax due. For purposes of the distributions of tax
157 revenue under s. 211.06, the department shall disregard any tax
158 credits allowed under this section to ensure that any reduction
159 in tax revenue received which is attributable to the tax credits
160 results only in a reduction in distributions to the General
161 Revenue Fund. Section 220.19 applies to the credit authorized by
162 this section.
163 Section 3. Section 212.1835, Florida Statutes, is created
164 to read:
165 212.1835 Credit for contributions to the Early Learning Tax
166 Incentive.—Beginning January 1, 2024, there is allowed a credit
167 of 100 percent of an eligible contribution made to a child care
168 facility on behalf of an employee under s. 220.19 against any
169 tax imposed by the state and due under this chapter from a
170 direct pay permitholder as a result of the direct pay permit
171 held pursuant to s. 212.183. For purposes of the dealer’s credit
172 granted for keeping prescribed records, filing timely tax
173 returns, and properly accounting and remitting taxes under s.
174 212.12, the amount of tax due used to calculate the credit shall
175 include any eligible contribution made to a child care facility
176 on behalf of an employee from a direct pay permitholder. For
177 purposes of the distributions of tax revenue under s. 212.20,
178 the department shall disregard any tax credits allowed under
179 this section to ensure that any reduction in tax revenue
180 received which is attributable to the tax credits results only
181 in a reduction in distributions to the General Revenue Fund.
182 Section 220.19 applies to the credit authorized by this section.
183 A dealer who claims a tax credit under this section must file
184 his or her tax returns and pay his or her taxes by electronic
185 means under s. 213.755.
186 Section 4. Section 220.1878, Florida Statutes, is created
187 to read:
188 220.1878 Credit for contributions to the Early Learning Tax
189 Incentive.—
190 (1) For taxable years beginning on or after January 1,
191 2023, there is allowed a credit of 100 percent of an eligible
192 contribution made to a child care facility on behalf of an
193 employee under s. 220.19 against any tax due for a taxable year
194 under this chapter after the application of any other allowable
195 credits by the taxpayer. An eligible contribution must be made
196 to a child care facility on behalf of an employee on or before
197 the date the taxpayer is required to file a return pursuant to
198 s. 220.222. The credit granted by this section shall be reduced
199 by the difference between the amount of federal corporate income
200 tax, taking into account the credit granted by this section, and
201 the amount of federal corporate income tax without application
202 of the credit granted by this section.
203 (2) A taxpayer who files a Florida consolidated return as a
204 member of an affiliated group pursuant to s. 220.131(1) may be
205 allowed the credit on a consolidated return basis; however, the
206 total credit taken by the affiliated group is subject to the
207 limitation established under subsection (1).
208 (3) Section 220.19 applies to the credit authorized by this
209 section.
210 (4) If a taxpayer applies and is approved for a credit
211 under s. 220.19 after timely requesting an extension to file
212 under s. 220.222(2):
213 (a) The credit does not reduce the amount of tax due for
214 purposes of the department’s determination as to whether the
215 taxpayer was in compliance with the requirement to pay tentative
216 taxes under ss. 220.222 and 220.32.
217 (b) The taxpayer’s noncompliance with the requirement to
218 pay tentative taxes shall result in the revocation and
219 rescindment of any such credit.
220 (c) The taxpayer shall be assessed for any taxes,
221 penalties, or interest due from the taxpayer’s noncompliance
222 with the requirement to pay tentative taxes.
223 Section 5. Section 220.19, Florida Statutes, is amended to
224 read:
225 220.19 Child care tax credits.—
226 (1) DEFINITIONS.—For purposes of this section, the term:
227 (a) “Eligible facility” means a facility that:
228 1. Is licensed under s. 402.305;
229 2. Is exempt from licensure under s. 402.316; or
230 3. Has received a Gold Seal Quality Care designation under
231 s. 1002.945.
232 (b) “Tax due” includes any tax required under this chapter
233 or chapter 211, chapter 212, chapter 561, or chapter 624.
234 (2) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
235 (a)1. A credit of 50 percent of the startup costs of a
236 child care facility for children under the age of 5 operated by
237 a corporation for its employees is allowed against any tax due
238 for a taxable year. An additional credit against such tax is
239 allowed for the operational costs of a child care facility for
240 children under the age of 5 by a corporation for its employees,
241 which credit is in the amount of $300 per month for each child
242 or grandchild of such employee enrolled in the facility.
243 2. A credit is allowed against any tax due for a taxable
244 year for a corporation making payments to a child care facility
245 as defined in s. 402.302 which is an eligible facility if the
246 payments are made in the name of and for the benefit of an
247 employee of the corporation whose child or grandchild attends
248 the child care facility. The credit shall be in an amount equal
249 to 100 percent of the amount of such child care payments up to a
250 maximum credit of $3,600 per child under the age of 5. The
251 corporation may make payments directly to the facility or
252 contract with an early learning coalition to process payments.
253 (b) The maximum credit amount for all approved child care
254 costs incurred by a corporation in a taxable year is based on
255 the average number of employees employed by the corporation
256 during such year. For an employer that employed:
257 1. One to 25 employees, the maximum credit is $50,000.
258 2. Twenty-six to 50 employees, the maximum credit is
259 $100,000.
260 3. Fifty-one to 75 employees, the maximum credit is
261 $150,000.
262 4. Seventy-six to 100 employees, the maximum credit is
263 $200,000.
264 5. One hundred one to 200 employees, the maximum credit is
265 $300,000.
266 6. Two hundred one to 500 employees, the maximum credit is
267 $500,000.
268 (c) The total credit amount that may be granted for all
269 applications approved under this section shall be allocated
270 annually as provided in the General Appropriations Act.
271 (d) An application for a credit under this section must be
272 approved by the department before the corporation claims the
273 credit on a return.
274 (e)(1) If a the credit granted under this section is not
275 fully used in any one taxable year because of insufficient tax
276 liability on the part of the corporation, the unused amount may
277 be carried forward for a period not to exceed 5 years. The
278 carryover credit may be used in a subsequent year when the tax
279 imposed by this chapter for that year exceeds the credit for
280 which the corporation is eligible in that year under this
281 section after applying the other credits and unused carryovers
282 in the order provided by s. 220.02(8).
283 (f)(2) If a corporation receives a credit for child care
284 facility startup costs, and the facility fails to operate for at
285 least 5 years, a pro rata share of the credit must be repaid, in
286 accordance with the formula: A = C x (1 - (N/60)), where:
287 1.(a) “A” is the amount in dollars of the required
288 repayment.
289 2.(b) “C” is the total credits taken by the corporation for
290 child care facility startup costs.
291 3.(c) “N” is the number of months the facility was in
292 operation.
293
294 This repayment requirement is inapplicable if the corporation
295 goes out of business or can demonstrate to the department that
296 its employees no longer want to have a child care facility.
297 (g) A corporation that files a consolidated return as a
298 member of an affiliated group under s. 220.131(1) may claim the
299 credit on a consolidated return basis.
300 (3) ELIGIBILITY REQUIREMENTS.—
301 (a) A corporation may only claim a credit for a child care
302 facility as defined in s. 402.302 which is an eligible facility.
303 (b) The services of a child care facility for which a
304 corporation claims a credit under subparagraph (2)(a)1. must be
305 available to all employees of the corporation, or must be
306 allocated on a first-come, first-served basis, and must be used
307 by employees employed by the corporation.
308 (c) Two or more corporations may jointly establish and
309 operate a child care facility according to this section. If two
310 or more corporations choose to jointly establish and operate a
311 child care facility, or cause a not-for-profit corporation to
312 establish and operate a child care facility, the corporations
313 must file a joint application, or the not-for-profit corporation
314 may file an application pursuant to subsection (4) setting forth
315 the corporations’ proposal. The participating corporations may
316 proportion the credits in any manner they choose; however,
317 participating corporations may not receive more than $150,000 in
318 credits for all approved child care costs incurred by the
319 participating corporations in any one taxable year.
320 (d) Child care payments for which a corporation claims a
321 credit under subparagraph (2)(a)2. may not exceed the amount
322 charged by the child care facility for other children of like
323 age and ability of persons not employed by the corporation.
324 (4) APPLICATION REQUIREMENTS.—Beginning January 1, 2024, a
325 corporation may submit an application to the department for the
326 purposes of determining qualification for a credit under this
327 section to be applied to a taxable year beginning on or after
328 January 1, 2024. The department must approve the application for
329 the credit before the corporation is authorized to claim the
330 credit on a return.
331 (a) The application must include:
332 1.a. For a credit under subparagraph (2)(a)1., a proposal
333 for establishing a child care facility for use by a
334 corporation’s employees, the total number of employees’ children
335 and grandchildren expected to be enrolled, and the expected date
336 operations will begin. A credit may not be claimed on a return
337 until operations have begun.
338 b. For a credit under subparagraph (2)(a)2., the total
339 number of employees’ children and grandchildren for which child
340 care payments will be paid and the estimated total annual amount
341 of such payments.
342 2. The taxable year in which the credit is expected to be
343 earned. A corporation may apply for a credit to be used for a
344 prior taxable year at any time before the date on which the
345 corporation is required to file a return for that year pursuant
346 to s. 220.222.
347 3. Written verification by the Department of Children and
348 Families or local licensing agency that the facility is a child
349 care facility as defined in s. 402.302 and is an eligible
350 facility. Such verification must be attached to the application.
351 (b) The department shall approve tax credits on a first
352 come, first-served basis.
353 (5) ADMINISTRATION.—
354 (a) The department may adopt all rules pursuant to the
355 Administrative Procedure Act to administer this section,
356 including rules for the approval or disapproval of proposals
357 submitted by corporations and rules to provide for cooperative
358 arrangements between for-profit and not-for-profit corporations.
359 (b) The department’s decision to approve or disapprove a
360 proposal must be in writing, and, if the proposal is approved,
361 the decision must state the maximum credit authorized for the
362 corporation.
363 (c) All applications approved under this section require
364 prior written verification by the Department of Children and
365 Families or a local licensing agency that the facility is a
366 child care facility as defined in s. 402.302 and is an eligible
367 facility.
368 Section 6. Present subsections (15) through (18) of section
369 402.302, Florida Statutes, are redesignated as subsections (16)
370 through (19), respectively, and a new subsection (15) is added
371 to that section, to read:
372 402.302 Definitions.—As used in this chapter, the term:
373 (15) “Preschool” means any child care facility licensed
374 under s. 402.305 that serves children under 5 years of age.
375 Section 7. Present paragraph (g) of subsection (2) of
376 section 402.305, Florida Statutes, is redesignated as paragraph
377 (f), present subsection (18) is redesignated as subsection (17),
378 and paragraphs (a) and (b) of subsection (1), paragraphs (a) and
379 (e) and present paragraph (f) of subsection (2), paragraph (a)
380 of subsection (7), paragraphs (b) and (c) of subsection (9),
381 subsection (13), and present subsection (17) of that section are
382 amended, to read:
383 402.305 Licensing standards; child care facilities.—
384 (1) LICENSING STANDARDS.—The department shall establish
385 licensing standards that each licensed child care facility must
386 meet regardless of the origin or source of the fees used to
387 operate the facility or the type of children served by the
388 facility.
389 (a) The standards shall be designed to address the
390 following areas:
391 1. the health, sanitation, safety, and sanitary adequate
392 physical conditions surroundings for all children served by in
393 child care facilities.
394 2. The health and nutrition of all children in child care.
395 3. The child development needs of all children in child
396 care.
397 (b) Fire safety regulations for child care facilities will
398 be directed All standards established under ss. 402.301-402.319
399 must be consistent with the rules adopted by the State Fire
400 Marshal for child care facilities. However, if the facility is
401 operated in a public school, the department shall use the public
402 school fire code, as provided in the rules of the State Board of
403 Education, as the minimum standard for firesafety.
404 (2) PERSONNEL.—Minimum standards for child care personnel
405 shall include minimum requirements as to:
406 (a) Good moral character based upon screening as defined in
407 s. 402.302 s. 402.302(15). This screening shall be conducted as
408 provided in chapter 435, using the level 2 standards for
409 screening provided set forth in that chapter, and include
410 employment history checks, a search of criminal history records,
411 sexual predator and sexual offender registries, and child abuse
412 and neglect registry of any state in which the current or
413 prospective child care personnel resided during the preceding 5
414 years. The department shall complete the screening and provide
415 the results to the child care facility within 5 business days.
416 If the department is unable to complete the screening within 5
417 business days, the department shall issue the current or
418 prospective child care personnel a 45-day provisional hire
419 status while all required information is being requested and the
420 department is awaiting results. During the 45-day period, the
421 current or prospective child care personnel must be under the
422 direct supervision of a screened and trained staff member when
423 in contact with children.
424 (e) Minimum training requirements for child care personnel.
425 1. Such minimum standards for training shall ensure that
426 all child care personnel take an approved 40-clock-hour
427 introductory course in child care, which course covers at least
428 the following topic areas:
429 a. State and local rules and regulations which govern child
430 care.
431 b. Health, safety, and nutrition.
432 c. Identifying and reporting child abuse and neglect.
433 d. Child development, including typical and atypical
434 language, cognitive, motor, social, and self-help skills
435 development.
436 e. Observation of developmental behaviors, including using
437 a checklist or other similar observation tools and techniques to
438 determine the child’s developmental age level.
439 f. Specialized areas, including computer technology for
440 professional and classroom use and early literacy and language
441 development of children from birth to 5 years of age, as
442 determined by the department, for owner-operators and child care
443 personnel of a child care facility.
444 g. Developmental disabilities, including autism spectrum
445 disorder and Down syndrome, and early identification, use of
446 available state and local resources, classroom integration, and
447 positive behavioral supports for children with developmental
448 disabilities.
449 h. Online training coursework, provided at no cost by the
450 department, to meet minimum training standards for child care
451 personnel.
452
453 Within 90 days after employment, child care personnel shall
454 begin training to meet the training requirements. Child care
455 personnel shall successfully complete such training within 1
456 year after the date on which the training began, as evidenced by
457 passage of an in-person or online a competency examination.
458 Successful completion of the 40-clock-hour introductory course
459 shall articulate into community college credit in early
460 childhood education, pursuant to ss. 1007.24 and 1007.25.
461 Exemption from all or a portion of the required training shall
462 be granted to child care personnel based upon educational
463 credentials or passage of competency examinations. Child care
464 personnel possessing a 2-year degree or higher that includes 6
465 college credit hours in early childhood development or child
466 growth and development, or a child development associate
467 credential or an equivalent state-approved child development
468 associate credential, or a child development associate waiver
469 certificate shall be automatically exempted from the training
470 requirements in sub-subparagraphs b., d., and e.
471 2. The introductory course in child care shall stress, to
472 the extent possible, an interdisciplinary approach to the study
473 of children.
474 2.3. The introductory course shall cover recognition and
475 prevention of shaken baby syndrome; prevention of sudden infant
476 death syndrome; recognition and care of infants and toddlers
477 with developmental disabilities, including autism spectrum
478 disorder and Down syndrome; and early childhood brain
479 development within the topic areas identified in this paragraph.
480 3.4. On an annual basis in order to further their child
481 care skills and, if appropriate, administrative skills, child
482 care personnel who have fulfilled the requirements for the child
483 care training shall be required to take an additional 1
484 continuing education unit of approved inservice training, or 10
485 clock hours of equivalent training, as determined by the
486 department.
487 4.5. Child care personnel shall be required to complete 0.5
488 continuing education unit of approved training or 5 clock hours
489 of equivalent training, as determined by the department, in
490 early literacy and language development of children from birth
491 to 5 years of age one time. The year that this training is
492 completed, it shall fulfill the 0.5 continuing education unit or
493 5 clock hours of the annual training required in subparagraph 3.
494 4.
495 5.6. Procedures for ensuring the training of qualified
496 child care professionals to provide training of child care
497 personnel, including onsite training, shall be included in the
498 minimum standards. It is recommended that the state community
499 child care coordination agencies (central agencies) be
500 contracted by the department to coordinate such training when
501 possible. Other district educational resources, such as
502 community colleges and career programs, can be designated in
503 such areas where central agencies may not exist or are
504 determined not to have the capability to meet the coordination
505 requirements set forth by the department.
506 6.7. Training requirements do shall not apply to certain
507 occasional or part-time support staff, including, but not
508 limited to, swimming instructors, piano teachers, dance
509 instructors, and gymnastics instructors.
510 7.8. By December 31, 2023, the department shall evaluate or
511 contract for an evaluation of:
512 a. The current training requirements and coursework offered
513 to child care personnel and make recommendations to increase the
514 quality and relevancy of training.
515 b. The licensing and regulation of child care facilities
516 to:
517 (I) Identify rules that exceed specific delegated
518 legislative authority.
519 (II) Identify rules that are arbitrary, vague, or
520 redundant.
521 (III) Streamline the standards used to classify violations
522 and eliminate redundancy or subjectivity in application by
523 licensing counselors.
524 8. Once the evaluation in subparagraph 7. is completed, the
525 department shall begin revising the regulation of child care
526 facilities to simplify ongoing licensure inspections, increase
527 objectivity, and provide a greater emphasis on technical
528 assistance. The evaluation shall be conducted every 5 years. for
529 the general purpose of determining the status of and means to
530 improve staff training requirements and testing procedures. The
531 evaluation shall be conducted every 2 years. The evaluation
532 shall include, but not be limited to, determining the
533 availability, quality, scope, and sources of current staff
534 training; determining the need for specialty training; and
535 determining ways to increase inservice training and ways to
536 increase the accessibility, quality, and cost-effectiveness of
537 current and proposed staff training. The evaluation methodology
538 shall include a reliable and valid survey of child care
539 personnel.
540 9. The child care operator shall be required to take basic
541 training in serving children with disabilities within 5 years
542 after employment, either as a part of the introductory training
543 or the annual 8 hours of inservice training.
544 (f) Periodic health examinations.
545 (7) SANITATION AND SAFETY.—
546 (a) Minimum standards shall include requirements for
547 sanitary and safety conditions, first aid treatment, emergency
548 procedures, and pediatric cardiopulmonary resuscitation. The
549 minimum standards shall require that two at least one staff
550 persons person trained in cardiopulmonary resuscitation, as
551 evidenced by current documentation of course completion, must be
552 present at all times that children are present.
553 (9) ADMISSIONS AND RECORDKEEPING.—
554 (b) During the months of August and September of each year,
555 each child care facility shall provide parents of children
556 enrolled in the facility detailed information regarding the
557 causes, symptoms, and transmission of the influenza virus in an
558 effort to educate those parents regarding the importance of
559 immunizing their children against influenza as recommended by
560 the Advisory Committee on Immunization Practices of the Centers
561 for Disease Control and Prevention.
562 (c) During the months of April and September of each year,
563 at a minimum, each facility shall provide parents of children
564 enrolled in the facility information regarding the potential for
565 a distracted adult to fail to drop off a child at the facility
566 and instead leave the child in the adult’s vehicle upon arrival
567 at the adult’s destination. The child care facility shall also
568 give parents information about resources with suggestions to
569 avoid this occurrence. The department shall develop a flyer or
570 brochure with this information that shall be posted to the
571 department’s website, which child care facilities may choose to
572 reproduce and provide to parents to satisfy the requirements of
573 this paragraph.
574 (13) PLAN OF ACTIVITIES.—Minimum standards shall ensure
575 that each child care facility has and implements a written plan
576 for the daily provision of varied activities and active and
577 quiet play opportunities appropriate to the age of the child.
578 The written plan must include a program, to be implemented
579 periodically for children of an appropriate age, which will
580 assist the children in preventing and avoiding physical and
581 mental abuse.
582 (17) SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF
583 MILDLY ILL CHILDREN.—Minimum standards shall be developed by the
584 department, in conjunction with the Department of Health, for
585 specialized child care facilities for the care of mildly ill
586 children. The minimum standards shall address the following
587 areas: personnel requirements; staff-to-child ratios; staff
588 training and credentials; health and safety; physical facility
589 requirements, including square footage; client eligibility,
590 including a definition of “mildly ill children”; sanitation and
591 safety; admission and recordkeeping; dispensing of medication;
592 and a schedule of activities.
593 Section 8. Section 402.3115, Florida Statutes, is amended
594 to read:
595 402.3115 Elimination of duplicative and unnecessary
596 inspections; abbreviated inspections.—The Department of Children
597 and Families and local governmental agencies that license child
598 care facilities shall develop and implement a plan to eliminate
599 duplicative and unnecessary inspections of child care
600 facilities, family day care homes, and large family child care
601 homes. In addition, the department and the local governmental
602 agencies shall develop and implement an abbreviated inspection
603 plan for child care facilities that have been licensed for a
604 period of not less than 2 consecutive years, and do not have a
605 had no Class 1 and no more than two of the same or Class 2
606 deficiencies, as defined by rule, for at least 2 consecutive
607 years, have received at least two full onsite renewals in the
608 most recent 2 years, do not have any current uncorrected
609 violations, and do not have any open regulatory complaints or
610 active child protective services investigations. The department
611 shall annually calculate efficiencies and moneys saved due to
612 the implementation of abbreviated inspections. Such savings
613 shall be used to focus resources and technical assistance to
614 support child care facilities, family day care homes, and large
615 family child care homes that are having difficulty maintaining
616 compliance with the licensing requirements of s. 402.305, s.
617 402.313, or s. 402.3131. The abbreviated inspection must include
618 those elements identified by the department and the local
619 governmental agencies as being key indicators of whether the
620 child care facility continues to provide quality care and
621 programming and shall be updated every 5 years.
622 Section 9. Subsection (1) of section 402.316, Florida
623 Statutes, is amended to read:
624 402.316 Exemptions.—
625 (1)(a) The provisions of ss. 402.301-402.319, except for
626 the requirements regarding screening of child care personnel,
627 shall not apply to a child care facility:
628 1. Which is an integral part of church or parochial schools
629 conducting regularly scheduled classes, courses of study, or
630 educational programs accredited by, or by a member of, an
631 organization which publishes and requires compliance with its
632 standards for health, safety, and sanitation; or
633 2. Which receives a child care tax credit under s. 220.19
634 and is attended only by children or grandchildren of employees
635 of the corporation claiming the credit.
636 (b) However, Such facilities shall still meet minimum
637 requirements of the applicable local governing body as to
638 health, sanitation, and safety and shall meet the screening
639 requirements pursuant to ss. 402.305 and 402.3055.
640 (c) Failure by a facility to comply with such screening
641 requirements shall result in the loss of the facility’s
642 exemption from licensure.
643 Section 10. Section 561.1214, Florida Statutes, is created
644 to read:
645 561.1214 Credit for contributions to the Early Learning Tax
646 Incentive.—Beginning January 1, 2024, there is allowed a credit
647 of 100 percent of an eligible contribution made to a child care
648 facility on behalf of an employee under s. 220.19 against any
649 tax due under s. 563.05, s. 564.06, or s. 565.12, except excise
650 taxes imposed on wine produced by manufacturers in this state
651 from products grown in this state. However, a credit allowed
652 under this section may not exceed 90 percent of the tax due on
653 the return on which the credit is taken. For purposes of the
654 distributions of tax revenue under ss. 561.121 and 564.06(10),
655 the division shall disregard any tax credits allowed under this
656 section to ensure that any reduction in tax revenue received
657 which is attributable to the tax credits results only in a
658 reduction in distributions to the General Revenue Fund. The
659 provisions of s. 220.19 apply to the credit authorized by this
660 section.
661 Section 11. Section 624.51058, Florida Statutes, is created
662 to read:
663 624.51058 Credit for contributions to the Early Learning
664 Tax Incentive.—
665 (1) For taxable years beginning on or after January 1,
666 2023, there is allowed a credit of 100 percent of an eligible
667 contribution made to a child care facility on behalf of an
668 employee under s. 220.19 against any tax due for a taxable year
669 under s. 624.509(1) after deducting from such tax any deductions
670 for assessments made pursuant to s. 440.51; credits for taxes
671 paid under ss. 175.101 and 185.08; credits for income taxes paid
672 under chapter 220; and the credit allowed under s. 624.509(5),
673 as such credit is limited by s. 624.509(6). An eligible
674 contribution must be made to a child care facility on behalf of
675 an employee under, on, or before the date the taxpayer is
676 required to file a return pursuant to ss. 624.509 and 624.5092.
677 An insurer claiming a credit against premium tax liability under
678 this section is not required to pay any additional retaliatory
679 tax levied under s. 624.5091 as a result of claiming such
680 credit. Section 624.5091 does not limit such credit in any
681 manner.
682 (2) Section 220.19 applies to the credit authorized by this
683 section.
684 Section 12. Section 627.70161, Florida Statutes, is amended
685 to read:
686 627.70161 Family day care and large family child care home
687 insurance.—
688 (1) PURPOSE AND INTENT.—The Legislature recognizes that
689 family day care homes and large family child care homes fulfill
690 a vital role in providing child care in Florida. It is the
691 intent of the Legislature that residential property insurance
692 coverage should not be canceled, denied, or nonrenewed solely on
693 the basis of the family day care or large family child care home
694 services at the residence. The Legislature also recognizes that
695 the potential liability of residential property insurers is
696 substantially increased by the rendition of child care services
697 on the premises. The Legislature therefore finds that there is a
698 public need to specify that contractual liabilities that arise
699 in connection with the operation of the family day care home or
700 large family child care home are excluded from residential
701 property insurance policies unless they are specifically
702 included in such coverage.
703 (2) DEFINITIONS.—As used in this section, the term:
704 (a) “Child care” has the same meaning as in s. 402.302
705 means the care, protection, and supervision of a child, for a
706 period of less than 24 hours a day on a regular basis, which
707 supplements parental care, enrichment, and health supervision
708 for the child, in accordance with his or her individual needs,
709 and for which a payment, fee, or grant is made for care.
710 (b) “Family day care home” has the same meaning as in s.
711 402.302 means an occupied residence in which child care is
712 regularly provided for children from at least two unrelated
713 families and which receives a payment, fee, or grant for any of
714 the children receiving care, whether or not operated for a
715 profit.
716 (3) FAMILY DAY CARE AND LARGE FAMILY CHILD CARE; COVERAGE.
717 A residential property insurance policy shall not provide
718 coverage for liability for claims arising out of, or in
719 connection with, the operation of a family day care home or
720 large family child care home, and the insurer shall be under no
721 obligation to defend against lawsuits covering such claims,
722 unless:
723 (a) Specifically covered in a policy; or
724 (b) Covered by a rider or endorsement for business coverage
725 attached to a policy.
726 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
727 insurer may not deny, cancel, or refuse to renew a policy for
728 residential property insurance solely on the basis that the
729 policyholder or applicant operates a family day care home or
730 large family child care home. In addition to other lawful
731 reasons for refusing to insure, an insurer may deny, cancel, or
732 refuse to renew a policy of a family day care home or large
733 family child care home provider if one or more of the following
734 conditions occur:
735 (a) The policyholder or applicant provides care for more
736 children than authorized for family day care homes or large
737 family child care homes under by s. 402.302.;
738 (b) The policyholder or applicant fails to maintain a
739 separate commercial liability policy or an endorsement providing
740 liability coverage for the family day care home or large family
741 child care home operations.;
742 (c) The policyholder or applicant fails to comply with the
743 family day care home or large family child care home licensure
744 and registration requirements specified in s. 402.313 or s.
745 402.3131.; or
746 (d) Discovery of willful or grossly negligent acts or
747 omissions or any violations of state laws or regulations
748 establishing safety standards for family day care homes or large
749 family child care homes by the named insured or his or her
750 representative which materially increase any of the risks
751 insured.
752 Section 13. Paragraphs (a) and (c) of subsection (3) of
753 section 1002.55, Florida Statutes, are amended to read:
754 1002.55 School-year prekindergarten program delivered by
755 private prekindergarten providers.—
756 (3) To be eligible to deliver the prekindergarten program,
757 a private prekindergarten provider must meet each of the
758 following requirements:
759 (a) The private prekindergarten provider must be a child
760 care facility licensed under s. 402.305, family day care home
761 licensed under s. 402.313, large family child care home licensed
762 under s. 402.3131, nonpublic school exempt from licensure under
763 s. 402.3025(2), faith-based or corporation-provided child care
764 provider exempt from licensure under s. 402.316, child
765 development program that is accredited by a national accrediting
766 body and operates on a military installation that is certified
767 by the United States Department of Defense, or private
768 prekindergarten provider that has been issued a provisional
769 license under s. 402.309. A private prekindergarten provider may
770 not deliver the program while holding a probation-status license
771 under s. 402.310.
772 (c) The private prekindergarten provider must have, for
773 each prekindergarten class of 11 children or fewer, at least one
774 prekindergarten instructor who meets each of the following
775 requirements:
776 1. The prekindergarten instructor must hold, at a minimum,
777 one of the following credentials:
778 a. A child development associate credential issued by the
779 National Credentialing Program of the Council for Professional
780 Recognition; or
781 b. A credential approved by the Department of Children and
782 Families as being equivalent to or greater than the credential
783 described in sub-subparagraph a.
784
785 The Department of Children and Families may adopt rules under
786 ss. 120.536(1) and 120.54 which provide criteria and procedures
787 for approving equivalent credentials under sub-subparagraph b.
788 2. Within 45 days after commencing employment, the
789 prekindergarten instructor must successfully complete three
790 emergent literacy training courses that include developmentally
791 appropriate and experiential learning practices for children and
792 a student performance standards training course approved by the
793 department as meeting or exceeding the minimum standards adopted
794 under s. 1002.59. The prekindergarten instructor must complete
795 an emergent literacy training course at least once every 5 years
796 after initially completing the three emergent literacy training
797 courses. The courses in this subparagraph must be recognized as
798 part of the informal early learning and career pathway
799 identified by the department under s. 1002.995(1)(b). The
800 requirement for completion of the standards training course
801 shall take effect July 1, 2022. The courses must be made
802 available online or in person.
803 Section 14. Subsection (4) of section 1002.61, Florida
804 Statutes, is amended to read:
805 1002.61 Summer prekindergarten program delivered by public
806 schools and private prekindergarten providers.—
807 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
808 each public school and private prekindergarten provider must
809 have, for each prekindergarten class, at least one
810 prekindergarten instructor who is a certified teacher or holds
811 one of the educational credentials specified in s. 1002.55(4)(a)
812 or (b), or an educational credential specified in s.
813 1002.55(3)(c)1.a. or b. as long as the instructor has completed
814 the early literacy micro-credential program under s.
815 1003.485(4)(h) or has an instructional support score of 3 or
816 higher on a program assessment conducted under s. 1002.68(2) or
817 s. 1002.82(2)(n). As used in this subsection, the term
818 “certified teacher” means a teacher holding a valid Florida
819 educator certificate under s. 1012.56 who has the qualifications
820 required by the district school board to instruct students in
821 the summer prekindergarten program. In selecting instructional
822 staff for the summer prekindergarten program, each school
823 district shall give priority to teachers who have experience or
824 coursework in early childhood education and have completed
825 emergent literacy and performance standards courses, as provided
826 for in s. 1002.55(3)(c)2.
827 Section 15. Paragraph (b) of subsection (2) of section
828 1002.67, Florida Statutes, is amended to read:
829 1002.67 Performance standards and curricula.—
830 (2)
831 (b) Each private prekindergarten provider’s and public
832 school’s curriculum must be developmentally appropriate and
833 must:
834 1. Be designed to prepare a student for early literacy and
835 provide for instruction in early math skills;
836 2. Enhance the age-appropriate progress of students in
837 attaining the performance standards adopted by the department
838 under subsection (1); and
839 3. Support student learning gains through differentiated
840 instruction that shall be measured by the coordinated screening
841 and progress monitoring program under s. 1008.25(8). A private
842 prekindergarten provider’s or public school’s curriculum may not
843 consist of using the coordinated screening and progress
844 monitoring program for direct student instruction; and
845 4. Exclude the student use of electronic devices, except to
846 complete the coordinated screening and progress monitoring
847 program under s. 1008.25(8).
848 Section 16. Subsection (2) and paragraphs (a), (d), and (f)
849 of subsection (4) of section 1002.68, Florida Statutes, are
850 amended to read:
851 1002.68 Voluntary Prekindergarten Education Program
852 accountability.—
853 (2) Beginning with the 2023-2024 2022-2023 program year,
854 each private prekindergarten provider and public school in the
855 Voluntary Prekindergarten Education Program must participate in
856 a program assessment of each voluntary prekindergarten education
857 classroom. The program assessment shall measure the quality of
858 teacher-child interactions, including emotional support,
859 classroom organization, and instructional support for children
860 ages 3 to 5 years. The program assessment may be conducted only
861 when at least 75 percent of enrolled students are in attendance.
862 Each private prekindergarten provider and public school in the
863 Voluntary Prekindergarten Education Program shall receive from
864 the department the results of the program assessment for each
865 classroom within 14 days after the observation. Each early
866 learning coalition shall be responsible for the administration
867 of the program assessments which must be conducted by
868 individuals qualified to conduct program assessments under s.
869 1002.82(2)(n).
870 (4)(a) Beginning with the 2023-2024 2022-2023 program year,
871 the department shall adopt a methodology for calculating each
872 private prekindergarten provider’s and public school provider’s
873 performance metric, which must be based on a combination of the
874 following:
875 1. Program assessment composite scores under subsection
876 (2), which must be weighted at no less than 50 percent.
877 2. Learning gains operationalized as change-in-ability
878 scores from the initial and final progress monitoring results
879 described in subsection (1).
880 3. Norm-referenced developmental learning outcomes
881 described in subsection (1).
882 (d) The methodology shall include a statistical latent
883 profile analysis that has been conducted by an independent
884 expert with experience in relevant quantitative analysis, early
885 childhood assessment, and designing state-level accountability
886 systems. The independent expert shall be identified through
887 competitive procurement before the 2023-2024 program year and
888 retained through the 2025-2026 program year and developed by the
889 department that shall produce a limited number of performance
890 metric profiles which summarize the profiles of all sites that
891 must be used to inform the following designations:
892 “unsatisfactory,” “emerging proficiency,” “proficient,” “highly
893 proficient,” and “excellent” or comparable terminology
894 determined by the office which may not include letter grades.
895 (f) The department shall adopt procedures to annually
896 calculate each private prekindergarten provider’s and public
897 school’s performance metric, based on the methodology adopted in
898 paragraphs (a) and (b), and assign a designation under paragraph
899 (d). Beginning with the 2024-2025 2023-2024 program year, each
900 private prekindergarten provider or public school shall be
901 assigned a designation within 45 days after the conclusion of
902 the school-year Voluntary Prekindergarten Education Program
903 delivered by all participating private prekindergarten providers
904 or public schools and within 45 days after the conclusion of the
905 summer Voluntary Prekindergarten Education Program delivered by
906 all participating private prekindergarten providers or public
907 schools.
908 Section 17. Subsection (7) of section 1002.71, Florida
909 Statutes, is amended to read:
910 1002.71 Funding; financial and attendance reporting.—
911 (7) The department shall require that administrative
912 expenditures be kept to the minimum necessary for efficient and
913 effective administration of the Voluntary Prekindergarten
914 Education Program. Administrative policies and procedures shall
915 be revised, to the maximum extent practicable, to incorporate
916 the use of automation and electronic submission of forms,
917 including those required for child eligibility and enrollment,
918 provider and class registration, and monthly certification of
919 attendance for payment. A school district may use its automated
920 daily attendance reporting system for the purpose of
921 transmitting attendance records to the early learning coalition
922 in a mutually agreed-upon format. In addition, actions shall be
923 taken to reduce paperwork, eliminate the duplication of reports,
924 and eliminate other duplicative activities. Each early learning
925 coalition may retain and expend no more than 4.0 percent of the
926 funds allocated under paragraph (3)(c), which shall be
927 calculated based on the number of applications processed
928 pursuant to s. 1002.53(4)(a) paid by the coalition to private
929 prekindergarten providers and public schools under paragraph
930 (5)(b). Funds retained by an early learning coalition under this
931 subsection may be used only for administering the Voluntary
932 Prekindergarten Education Program and may not be used for the
933 school readiness program or other programs.
934 Section 18. Paragraphs (f), (j), and (q) of subsection (2)
935 of section 1002.82, Florida Statutes, are amended to read:
936 1002.82 Department of Education; powers and duties.—
937 (2) The department shall:
938 (f) Establish a unified approach to the state’s efforts to
939 coordinate a comprehensive early learning program. In support of
940 this effort, the department:
941 1. Shall adopt specific program support services that
942 address the state’s school readiness program, including:
943 a. Statewide data information program requirements that
944 include:
945 (I) Eligibility requirements.
946 (II) Financial reports.
947 (III) Program accountability measures.
948 (IV) Child progress reports.
949 (V) The assignment of a Florida Education Identifier, as
950 used by the department, for children in the school readiness
951 program under this part and the Voluntary Prekindergarten
952 Education Program under part V of this chapter.
953 (VI) The assignment of a Florida Education Identifier, as
954 used by the department, for instructors in the school readiness
955 program under this part and the Voluntary Prekindergarten
956 Education Program under part V of this chapter.
957 b. Child care resource and referral services.
958 c. A single point of entry and uniform waiting list.
959 2. May provide technical assistance and guidance on
960 additional support services to complement the school readiness
961 program, including:
962 a. Warm-Line services.
963 b. Anti-fraud plans.
964 c. Training and support for parental involvement in
965 children’s early education.
966 d. Family literacy activities and services.
967 (j) Monitor the alignment and consistency of the standards
968 and benchmarks developed and adopted by the department that
969 address the age-appropriate progress of children in the
970 development of school readiness skills. The standards for
971 children from birth to kindergarten entry in the school
972 readiness program must be aligned with the performance standards
973 adopted for children in the Voluntary Prekindergarten Education
974 Program and must address the following domains:
975 1. Approaches to learning.
976 2. Cognitive development and general knowledge.
977 3. Numeracy, language, and communication.
978 4. Physical development.
979 5. Executive functioning Self-regulation.
980 (q) Contract for Establish a single statewide information
981 system that shall be used to manage all early learning programs,
982 including the child care licensing and child care training
983 within the Child Care Services Program Office of the Department
984 of Children and Families, and that each coalition must use for
985 the purposes of managing the single point of entry, tracking
986 children’s progress, coordinating services among stakeholders,
987 determining eligibility of children, tracking child attendance,
988 and streamlining administrative processes for providers and
989 early learning coalitions. By October 1, 2024 July 1, 2019, the
990 system, subject to ss. 1002.72 and 1002.97, shall:
991 1. Allow a parent to find early learning programs online,
992 including the performance profile under s. 1002.92(3)(a).
993 2.1. Allow a parent to monitor the development of his or
994 her child as the child moves among programs within the state.
995 3.2. Enable analysis at the state, regional, and local
996 level to measure child growth over time, program impact, and
997 quality improvement and investment decisions.
998 Section 19. Subsection (6) of section 1002.83, Florida
999 Statutes, is amended to read:
1000 1002.83 Early learning coalitions.—
1001 (6) The early learning coalition may appoint additional at
1002 large members as long as the number of at-large members
1003 appointed does not make up more than one-third of the board’s
1004 composition. The at-large members may be who must be private
1005 sector business members, either for-profit or nonprofit and may,
1006 who do not have, or have any and none of whose relatives as
1007 defined in s. 112.3143 who have has, a substantial financial
1008 interest in the design or delivery of the Voluntary
1009 Prekindergarten Education Program created under part V of this
1010 chapter or the school readiness program. The department shall
1011 establish criteria for appointing at-large private sector
1012 business members. These criteria must include standards for
1013 determining whether a member or relative has a substantial
1014 financial interest in the design or delivery of the Voluntary
1015 Prekindergarten Education Program or the school readiness
1016 program.
1017 Section 20. Paragraph (b) of subsection (4) of section
1018 1002.89, Florida Statutes, is amended to read:
1019 1002.89 School readiness program; funding.—
1020 (4) COST REQUIREMENTS.—Costs shall be kept to the minimum
1021 necessary for the efficient and effective administration of the
1022 school readiness program with the highest priority of
1023 expenditure being direct services for eligible children.
1024 However, no more than 5 percent of the funds allocated in
1025 paragraph (1)(a) may be used for administrative costs and no
1026 more than 22 percent of the funds allocated in paragraph (1)(a)
1027 may be used in any fiscal year for any combination of
1028 administrative costs, quality activities, and nondirect services
1029 as follows:
1030 (b) Activities to improve the quality of child care as
1031 described in 45 C.F.R. s. 98.53, which shall be limited to the
1032 following:
1033 1. Developing, establishing, expanding, operating, and
1034 coordinating resource and referral programs specifically related
1035 to the provision of comprehensive consumer education to parents
1036 and the public to promote informed child care choices specified
1037 in 45 C.F.R. s. 98.33.
1038 2. Awarding grants and providing financial support to
1039 school readiness program providers and their staff to assist
1040 them in meeting applicable state requirements for the program
1041 assessment required under s. 1002.82(2)(n), child care
1042 performance standards, implementing the developmentally
1043 appropriate curriculum commissioned under s. 1002.82(2)(l)
1044 curricula and related classroom resources that support parent
1045 engagement curricula, providing literacy supports, and providing
1046 continued professional development through the Teacher Education
1047 and Compensation Helps (TEACH) Scholarship Program under s.
1048 1002.95 and training aligned to the early learning professional
1049 development standards and career pathways under s. 1002.995 and
1050 training. Any grants awarded pursuant to this subparagraph shall
1051 comply with ss. 215.971 and 287.058.
1052 3. Providing training aligned with the early learning
1053 professional development standards and career pathways under s.
1054 1002.995, technical assistance, and financial support to school
1055 readiness program providers, staff, and parents on standards,
1056 child screenings, child assessments, the child development
1057 research and best practices, developmentally appropriate
1058 curriculum commissioned under s. 1002.82(2)(l), executive
1059 functioning curricula, character development, teacher-child
1060 interactions, age-appropriate discipline practices, health and
1061 safety, including reimbursement for background screenings,
1062 nutrition, first aid, cardiopulmonary resuscitation, the
1063 recognition of communicable diseases, and child abuse detection,
1064 prevention, and reporting.
1065 4. Providing, from among the funds provided for the
1066 activities described in subparagraphs 1.-3., adequate funding
1067 for infants and toddlers as necessary to meet federal
1068 requirements related to expenditures for quality activities for
1069 infant and toddler care.
1070 5. Improving the monitoring of compliance with, and
1071 enforcement of, applicable state and local requirements as
1072 described in and limited by 45 C.F.R. s. 98.40.
1073 6. Responding to Warm-Line requests by providers and
1074 parents, including providing developmental and health screenings
1075 to school readiness program children.
1076 Section 21. Paragraph (b) of subsection (4) of section
1077 1002.945, Florida Statutes, is amended to read:
1078 1002.945 Gold Seal Quality Care Program.—
1079 (4) In order to obtain and maintain a designation as a Gold
1080 Seal Quality Care provider, a child care facility, large family
1081 child care home, or family day care home must meet the following
1082 additional criteria:
1083 (b) The child care provider must not have had three or more
1084 of the same class II violations, as defined by rule of the
1085 Department of Children and Families, within the 2 years
1086 preceding its application for designation as a Gold Seal Quality
1087 Care provider. Commission of three or more of the same class II
1088 violations within a 2-year period shall be grounds for
1089 termination of the designation as a Gold Seal Quality Care
1090 provider until the provider has no class II violations that are
1091 the same for a period of 1 year.
1092 Section 22. Section 1002.95, Florida Statutes, is amended
1093 to read:
1094 1002.95 Teacher Education and Compensation Helps (TEACH)
1095 Scholarship Program.—
1096 (1) The department may contract for the administration of
1097 the Teacher Education and Compensation Helps (TEACH) Scholarship
1098 Program, which provides educational scholarships to instructors
1099 caregivers and administrators of early childhood programs,
1100 family day care homes, and large family child care homes. The
1101 goal of the program is to increase the education and training
1102 for instructors caregivers, increase the compensation for child
1103 instructors caregivers who complete the program requirements,
1104 and reduce the rate of participant turnover in the field of
1105 early childhood education.
1106 (2) An early learning coalition shall support the Teacher
1107 Education and Compensation Helps (TEACH) Scholarship Program for
1108 instructors by reimbursing child care providers for the
1109 copayment portion of the program for each instructor who
1110 completes a child development associate credential in his or her
1111 service area which shall be funded in accordance with s.
1112 1002.89(4)(b).
1113 (3)(2) The State Board of Education shall adopt rules as
1114 necessary to administer this section.
1115 Section 23. Paragraph (b) of subsection (5) of section
1116 1008.25, Florida Statutes, is amended to read:
1117 1008.25 Public school student progression; student support;
1118 coordinated screening and progress monitoring; reporting
1119 requirements.—
1120 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
1121 (b) A Voluntary Prekindergarten Education Program student
1122 who exhibits a substantial deficiency in early literacy skills
1123 in accordance with the standards under s. 1002.67(1)(a) and
1124 based upon the results of the administration of the final
1125 coordinated screening and progress monitoring under subsection
1126 (8) shall be referred to the local school district and may be
1127 eligible to receive intensive reading interventions the summer
1128 before participating in kindergarten. The intensive reading
1129 intervention may be delivered by a private prekindergarten
1130 provider or public school prekindergarten provider that is
1131 qualified to offer the summer Voluntary Prekindergarten
1132 Education Program in accordance with s. 1002.61. The program
1133 shall consist of no more than 4 hours of instruction per day for
1134 a total of 140 hours. Such intensive reading interventions shall
1135 be paid for using funds from the General Appropriations Act in
1136 accordance with the rate set for a student in a summer
1137 prekindergarten program district’s evidence-based reading
1138 instruction allocation in accordance with s. 1011.62(8).
1139 Section 24. Paragraph (a) of subsection (4) of section
1140 39.101, Florida Statutes, is amended to read:
1141 39.101 Central abuse hotline.—The central abuse hotline is
1142 the first step in the safety assessment and investigation
1143 process.
1144 (4) USE OF INFORMATION RECEIVED BY THE CENTRAL ABUSE
1145 HOTLINE.—
1146 (a) Information received by the central abuse hotline may
1147 not be used for employment screening, except as provided in s.
1148 39.202(2)(a) and (h) or s. 402.302(16) s. 402.302(15).
1149 Section 25. Subsections (3) and (4) of section 1002.57,
1150 Florida Statutes, are amended to read:
1151 1002.57 Prekindergarten director credential.—
1152 (3) The prekindergarten director credential must meet or
1153 exceed the requirements of the Department of Children and
1154 Families for the child care facility director credential under
1155 s. 402.305(2)(f) s. 402.305(2)(g), and successful completion of
1156 the prekindergarten director credential satisfies these
1157 requirements for the child care facility director credential.
1158 (4) The department shall, to the maximum extent
1159 practicable, award credit to a person who successfully completes
1160 the child care facility director credential under s.
1161 402.305(2)(f) s. 402.305(2)(g) for those requirements of the
1162 prekindergarten director credential which are duplicative of
1163 requirements for the child care facility director credential.
1164 Section 26. Subsection (1) of section 1002.59, Florida
1165 Statutes, is amended to read:
1166 1002.59 Emergent literacy and performance standards
1167 training courses.—
1168 (1) The department, in collaboration with the Just Read,
1169 Florida! Office, shall adopt minimum standards for courses in
1170 emergent literacy for prekindergarten instructors. Each course
1171 must comprise 5 clock hours and provide instruction in
1172 strategies and techniques to address the age-appropriate
1173 progress of prekindergarten students in developing emergent
1174 literacy skills, including oral communication, knowledge of
1175 print and letters, phonological and phonemic awareness, and
1176 vocabulary and comprehension development, consistent with the
1177 evidence-based content and strategies identified pursuant to s.
1178 1001.215(8). The course standards must be reviewed as part of
1179 any review of subject coverage or endorsement requirements in
1180 the elementary, reading, and exceptional student educational
1181 areas conducted pursuant to s. 1012.586. Each course must also
1182 provide resources containing strategies that allow students with
1183 disabilities and other special needs to derive maximum benefit
1184 from the Voluntary Prekindergarten Education Program. Successful
1185 completion of an emergent literacy training course approved
1186 under this section satisfies requirements for approved training
1187 in early literacy and language development under ss.
1188 402.305(2)(e)4., 402.313(6), and 402.3131(5) ss.
1189 402.305(2)(e)5., 402.313(6), and 402.3131(5).
1190 Section 27. This act shall take effect July 1, 2023.