Florida Senate - 2023                              CS for SB 990
       
       
        
       By the Committee on Finance and Tax; and Senator Grall
       
       
       
       
       
       593-03757-23                                           2023990c1
    1                        A bill to be entitled                      
    2         An act relating to child care and early learning
    3         providers; amending s. 402.302, F.S.; defining the
    4         term “preschool”; amending s. 402.305, F.S.; revising
    5         licensing standards for all licensed child care
    6         facilities; revising minimum standards and training
    7         requirements for child care personnel; requiring the
    8         Department of Children and Families to conduct
    9         specified screening of child care personnel within a
   10         specified timeframe and issue provisional approval of
   11         such personnel; requiring the department to evaluate
   12         certain training and coursework requirements for child
   13         care personnel and the licensing and regulation of
   14         child care facilities by a specified date; deleting
   15         provisions relating to educating parents about the
   16         importance of specified immunizations, addressing the
   17         danger of a child being accidentally left in an
   18         adult’s vehicle, having a plan to assist children in
   19         preventing and avoiding physical and mental abuse, and
   20         the department developing minimum standards for
   21         specialized child care facilities for the care of
   22         mildly ill children; amending s. 402.3115, F.S.;
   23         requiring the department and certain local
   24         governmental agencies to develop and implement a plan
   25         to eliminate duplicative and unnecessary inspections
   26         of home child care providers; revising abbreviated
   27         inspection requirements for certain child care
   28         facilities; amending s. 627.70161, F.S.; revising
   29         legislative purpose and intent; revising the
   30         definitions of the terms “child care” and “family day
   31         care home”; providing that residential property
   32         insurance does not cover liability or claims arising
   33         out of the operation of a large family child care
   34         home; amending s. 1002.55, F.S.; revising requirements
   35         for private prekindergarten providers; amending s.
   36         1002.61, F.S.; revising requirements for public school
   37         and private summer prekindergarten program providers;
   38         amending s. 1002.67, F.S.; prohibiting certain
   39         education providers’ curriculums from using
   40         coordinated screening; prohibiting progress monitoring
   41         systems from including the student use of electronic
   42         devices; providing an exception; amending s. 1002.68,
   43         F.S.; requiring program assessments of private
   44         prekindergarten providers and public schools in the
   45         Voluntary Prekindergarten Education Program to be
   46         conducted when a specified number of students are in
   47         attendance beginning in a specified program year;
   48         requiring the specified methodology for calculating
   49         the performance of each private prekindergarten
   50         provider and public school provider to include an
   51         analysis conducted by an independent expert with
   52         specified experience beginning in a specified program
   53         year; amending s. 1002.71, F.S.; providing
   54         requirements for early learning coalitions retention
   55         and expenditure of specified funds; amending s.
   56         1002.82, F.S.; revising the powers and duties of the
   57         Department of Education relating to the administration
   58         of the Child Care and Development Block Grant Trust
   59         Fund; amending s. 1002.83, F.S.; revising a provision
   60         relating to the appointment of members of an early
   61         learning coalition; amending s. 1002.89, F.S.;
   62         providing for specified financial support to child
   63         care providers and staff to be included in school
   64         readiness program costs; amending s. 1002.945, F.S.;
   65         revising requirements for a child care provider to
   66         obtain and maintain a designation as a Gold Seal
   67         Quality Care provider; amending s. 1002.95, F.S.;
   68         requiring early learning coalitions to provide
   69         specified support to a specified scholarship program;
   70         amending s. 1008.25, F.S.; revising reading
   71         intervention requirements for Voluntary
   72         Prekindergarten Education Program students; amending
   73         ss. 39.101, 1002.57, and 1002.59, F.S.; conforming
   74         cross-references; providing an effective date.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Present subsections (15) through (18) of section
   79  402.302, Florida Statutes, are redesignated as subsections (16)
   80  through (19), respectively, and a new subsection (15) is added
   81  to that section, to read:
   82         402.302 Definitions.—As used in this chapter, the term:
   83         (15)“Preschool” means any child care facility licensed
   84  under s. 402.305 that serves children under 5 years of age.
   85         Section 2. Present paragraph (g) of subsection (2) of
   86  section 402.305, Florida Statutes, is redesignated as paragraph
   87  (f), present subsection (18) is redesignated as subsection (17),
   88  and paragraphs (a) and (b) of subsection (1), paragraphs (a) and
   89  (e) and present paragraph (f) of subsection (2), paragraph (a)
   90  of subsection (7), paragraphs (b) and (c) of subsection (9),
   91  subsection (13), and present subsection (17) of that section are
   92  amended, to read:
   93         402.305 Licensing standards; child care facilities.—
   94         (1) LICENSING STANDARDS.—The department shall establish
   95  licensing standards that each licensed child care facility must
   96  meet regardless of the origin or source of the fees used to
   97  operate the facility or the type of children served by the
   98  facility.
   99         (a) The standards shall be designed to address the
  100  following areas:
  101         1.the health, sanitation, safety, and sanitary adequate
  102  physical conditions surroundings for all children served by in
  103  child care facilities.
  104         2.The health and nutrition of all children in child care.
  105         3.The child development needs of all children in child
  106  care.
  107         (b) Fire safety regulations for child care facilities will
  108  be directed All standards established under ss. 402.301-402.319
  109  must be consistent with the rules adopted by the State Fire
  110  Marshal for child care facilities. However, if the facility is
  111  operated in a public school, the department must shall use the
  112  public school fire code, as provided in the rules of the State
  113  Board of Education, as the minimum standard for firesafety.
  114         (2) PERSONNEL.—Minimum standards for child care personnel
  115  shall include minimum requirements as to:
  116         (a) Good moral character based upon screening as defined in
  117  s. 402.302 s. 402.302(15). This screening shall be conducted as
  118  provided in chapter 435, using the level 2 standards for
  119  screening provided set forth in that chapter, and include
  120  employment history checks, a search of criminal history records,
  121  sexual predator and sexual offender registries, and child abuse
  122  and neglect registry of any state in which the current or
  123  prospective child care personnel resided during the preceding 5
  124  years. The department shall complete the screening and provide
  125  the results to the child care facility within 5 business days.
  126  If the department is unable to complete the screening within 5
  127  business days, the department must issue the current or
  128  prospective child care personnel a 45-day provisional hire
  129  status while all required information is being requested and the
  130  department is awaiting results. During the 45-day period, the
  131  current or prospective child care personnel must be under the
  132  direct supervision of a screened and trained staff member when
  133  in contact with children.
  134         (e) Minimum training requirements for child care personnel.
  135         1. Such minimum standards for training shall ensure that
  136  all child care personnel take an approved 40-clock-hour
  137  introductory course in child care, which course covers at least
  138  the following topic areas:
  139         a. State and local rules and regulations which govern child
  140  care.
  141         b. Health, safety, and nutrition.
  142         c. Identifying and reporting child abuse and neglect.
  143         d. Child development, including typical and atypical
  144  language, cognitive, motor, social, and self-help skills
  145  development.
  146         e. Observation of developmental behaviors, including using
  147  a checklist or other similar observation tools and techniques to
  148  determine the child’s developmental age level.
  149         f. Specialized areas, including computer technology for
  150  professional and classroom use and early literacy and language
  151  development of children from birth to 5 years of age, as
  152  determined by the department, for owner-operators and child care
  153  personnel of a child care facility.
  154         g. Developmental disabilities, including autism spectrum
  155  disorder and Down syndrome, and early identification, use of
  156  available state and local resources, classroom integration, and
  157  positive behavioral supports for children with developmental
  158  disabilities.
  159         h.Online training coursework, provided at no cost by the
  160  department, to meet minimum training standards for child care
  161  personnel.
  162  
  163  Within 90 days after employment, child care personnel shall
  164  begin training to meet the training requirements. Child care
  165  personnel shall successfully complete such training within 1
  166  year after the date on which the training began, as evidenced by
  167  passage of an in-person or online a competency examination.
  168  Successful completion of the 40-clock-hour introductory course
  169  shall articulate into community college credit in early
  170  childhood education, pursuant to ss. 1007.24 and 1007.25.
  171  Exemption from all or a portion of the required training shall
  172  be granted to child care personnel based upon educational
  173  credentials or passage of competency examinations. Child care
  174  personnel possessing a 2-year degree or higher that includes 6
  175  college credit hours in early childhood development or child
  176  growth and development, or a child development associate
  177  credential or an equivalent state-approved child development
  178  associate credential, or a child development associate waiver
  179  certificate shall be automatically exempted from the training
  180  requirements in sub-subparagraphs b., d., and e.
  181         2.The introductory course in child care shall stress, to
  182  the extent possible, an interdisciplinary approach to the study
  183  of children.
  184         2.3. The introductory course shall cover recognition and
  185  prevention of shaken baby syndrome; prevention of sudden infant
  186  death syndrome; recognition and care of infants and toddlers
  187  with developmental disabilities, including autism spectrum
  188  disorder and Down syndrome; and early childhood brain
  189  development within the topic areas identified in this paragraph.
  190         3.4. On an annual basis in order to further their child
  191  care skills and, if appropriate, administrative skills, child
  192  care personnel who have fulfilled the requirements for the child
  193  care training shall be required to take an additional 1
  194  continuing education unit of approved inservice training, or 10
  195  clock hours of equivalent training, as determined by the
  196  department.
  197         4.5. Child care personnel shall be required to complete 0.5
  198  continuing education unit of approved training or 5 clock hours
  199  of equivalent training, as determined by the department, in
  200  early literacy and language development of children from birth
  201  to 5 years of age one time. The year that this training is
  202  completed, it shall fulfill the 0.5 continuing education unit or
  203  5 clock hours of the annual training required in subparagraph 3.
  204  4.
  205         5.6. Procedures for ensuring the training of qualified
  206  child care professionals to provide training of child care
  207  personnel, including onsite training, shall be included in the
  208  minimum standards. It is recommended that the state community
  209  child care coordination agencies (central agencies) be
  210  contracted by the department to coordinate such training when
  211  possible. Other district educational resources, such as
  212  community colleges and career programs, can be designated in
  213  such areas where central agencies may not exist or are
  214  determined not to have the capability to meet the coordination
  215  requirements set forth by the department.
  216         6.7. Training requirements do shall not apply to certain
  217  occasional or part-time support staff, including, but not
  218  limited to, swimming instructors, piano teachers, dance
  219  instructors, and gymnastics instructors.
  220         7.8.By December 31, 2023, the department shall evaluate or
  221  contract for an evaluation of:
  222         a.The current training requirements and coursework offered
  223  to child care personnel and make recommendations to increase the
  224  quality and relevancy of training.
  225         b.The licensing and regulation of child care facilities
  226  to:
  227         (I)Identify rules that exceed specific delegated
  228  legislative authority.
  229         (II)Identify rules that are arbitrary, vague, or
  230  redundant.
  231         (III)Streamline the standards used to classify violations
  232  and eliminate redundancy or subjectivity in application by
  233  licensing counselors.
  234         8.When the evaluation in subparagraph 7. is completed, the
  235  department shall begin revising the regulation of child care
  236  facilities to simplify ongoing licensure inspections, increase
  237  objectivity, and provide a greater emphasis on technical
  238  assistance. The evaluation shall be conducted every 5 years for
  239  the general purpose of determining the status of and means to
  240  improve staff training requirements and testing procedures. The
  241  evaluation shall be conducted every 2 years. The evaluation
  242  shall include, but not be limited to, determining the
  243  availability, quality, scope, and sources of current staff
  244  training; determining the need for specialty training; and
  245  determining ways to increase inservice training and ways to
  246  increase the accessibility, quality, and cost-effectiveness of
  247  current and proposed staff training. The evaluation methodology
  248  shall include a reliable and valid survey of child care
  249  personnel.
  250         9. The child care operator shall be required to take basic
  251  training in serving children with disabilities within 5 years
  252  after employment, either as a part of the introductory training
  253  or the annual 8 hours of inservice training.
  254         (f)Periodic health examinations.
  255         (7) SANITATION AND SAFETY.—
  256         (a) Minimum standards shall include requirements for
  257  sanitary and safety conditions, first aid treatment, emergency
  258  procedures, and pediatric cardiopulmonary resuscitation. The
  259  minimum standards shall require that two at least one staff
  260  persons person trained in cardiopulmonary resuscitation, as
  261  evidenced by current documentation of course completion, must be
  262  present at all times that children are present.
  263         (9) ADMISSIONS AND RECORDKEEPING.—
  264         (b)During the months of August and September of each year,
  265  each child care facility shall provide parents of children
  266  enrolled in the facility detailed information regarding the
  267  causes, symptoms, and transmission of the influenza virus in an
  268  effort to educate those parents regarding the importance of
  269  immunizing their children against influenza as recommended by
  270  the Advisory Committee on Immunization Practices of the Centers
  271  for Disease Control and Prevention.
  272         (c)During the months of April and September of each year,
  273  at a minimum, each facility shall provide parents of children
  274  enrolled in the facility information regarding the potential for
  275  a distracted adult to fail to drop off a child at the facility
  276  and instead leave the child in the adult’s vehicle upon arrival
  277  at the adult’s destination. The child care facility shall also
  278  give parents information about resources with suggestions to
  279  avoid this occurrence. The department shall develop a flyer or
  280  brochure with this information that shall be posted to the
  281  department’s website, which child care facilities may choose to
  282  reproduce and provide to parents to satisfy the requirements of
  283  this paragraph.
  284         (13) PLAN OF ACTIVITIES.—Minimum standards shall ensure
  285  that each child care facility has and implements a written plan
  286  for the daily provision of varied activities and active and
  287  quiet play opportunities appropriate to the age of the child.
  288  The written plan must include a program, to be implemented
  289  periodically for children of an appropriate age, which will
  290  assist the children in preventing and avoiding physical and
  291  mental abuse.
  292         (17)SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF
  293  MILDLY ILL CHILDREN.—Minimum standards shall be developed by the
  294  department, in conjunction with the Department of Health, for
  295  specialized child care facilities for the care of mildly ill
  296  children. The minimum standards shall address the following
  297  areas: personnel requirements; staff-to-child ratios; staff
  298  training and credentials; health and safety; physical facility
  299  requirements, including square footage; client eligibility,
  300  including a definition of “mildly ill children”; sanitation and
  301  safety; admission and recordkeeping; dispensing of medication;
  302  and a schedule of activities.
  303         Section 3. Section 402.3115, Florida Statutes, is amended
  304  to read:
  305         402.3115 Elimination of duplicative and unnecessary
  306  inspections; abbreviated inspections.—The Department of Children
  307  and Families and local governmental agencies that license child
  308  care facilities shall develop and implement a plan to eliminate
  309  duplicative and unnecessary inspections of child care
  310  facilities, family day care homes, and large family child care
  311  homes. In addition, the department and the local governmental
  312  agencies shall develop and implement an abbreviated inspection
  313  plan for child care facilities that have been licensed for a
  314  period of not less than 2 consecutive years, and do not have a
  315  had no Class 1 and no more than two of the same or Class 2
  316  deficiencies, as defined by rule, for at least 2 consecutive
  317  years, have received at least two full onsite renewals in the
  318  most recent 2 years, do not have any current uncorrected
  319  violations, and do not have any open regulatory complaints or
  320  active child protective services investigations. The department
  321  shall annually calculate efficiencies and moneys saved due to
  322  the implementation of abbreviated inspections. Such savings
  323  shall be used to focus resources and technical assistance to
  324  support child care facilities, family day care homes, and large
  325  family child care homes that are having difficulty maintaining
  326  compliance with the licensing requirements of s. 402.305, s.
  327  402.313, or s. 402.3131. The abbreviated inspection must include
  328  those elements identified by the department and the local
  329  governmental agencies as being key indicators of whether the
  330  child care facility continues to provide quality care and
  331  programming and shall be updated every 5 years.
  332         Section 4. Section 627.70161, Florida Statutes, is amended
  333  to read:
  334         627.70161 Family day care and large family child care home
  335  insurance.—
  336         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  337  family day care homes and large family child care homes fulfill
  338  a vital role in providing child care in Florida. It is the
  339  intent of the Legislature that residential property insurance
  340  coverage should not be canceled, denied, or nonrenewed solely on
  341  the basis of the family day care or large family child care home
  342  services at the residence. The Legislature also recognizes that
  343  the potential liability of residential property insurers is
  344  substantially increased by the rendition of child care services
  345  on the premises. The Legislature therefore finds that there is a
  346  public need to specify that contractual liabilities that arise
  347  in connection with the operation of the family day care home or
  348  large family child care home are excluded from residential
  349  property insurance policies unless they are specifically
  350  included in such coverage.
  351         (2) DEFINITIONS.—As used in this section, the term:
  352         (a) “Child care” has the same meaning as in s. 402.302
  353  means the care, protection, and supervision of a child, for a
  354  period of less than 24 hours a day on a regular basis, which
  355  supplements parental care, enrichment, and health supervision
  356  for the child, in accordance with his or her individual needs,
  357  and for which a payment, fee, or grant is made for care.
  358         (b) “Family day care home” has the same meaning as in s.
  359  402.302 means an occupied residence in which child care is
  360  regularly provided for children from at least two unrelated
  361  families and which receives a payment, fee, or grant for any of
  362  the children receiving care, whether or not operated for a
  363  profit.
  364         (3) FAMILY DAY CARE AND LARGE FAMILY CHILD CARE; COVERAGE.
  365  A residential property insurance policy shall not provide
  366  coverage for liability for claims arising out of, or in
  367  connection with, the operation of a family day care home or
  368  large family child care home, and the insurer shall be under no
  369  obligation to defend against lawsuits covering such claims,
  370  unless:
  371         (a) Specifically covered in a policy; or
  372         (b) Covered by a rider or endorsement for business coverage
  373  attached to a policy.
  374         (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
  375  insurer may not deny, cancel, or refuse to renew a policy for
  376  residential property insurance solely on the basis that the
  377  policyholder or applicant operates a family day care home or
  378  large family child care home. In addition to other lawful
  379  reasons for refusing to insure, an insurer may deny, cancel, or
  380  refuse to renew a policy of a family day care home or large
  381  family child care home provider if one or more of the following
  382  conditions occur:
  383         (a) The policyholder or applicant provides care for more
  384  children than authorized for family day care homes or large
  385  family child care homes under by s. 402.302.;
  386         (b) The policyholder or applicant fails to maintain a
  387  separate commercial liability policy or an endorsement providing
  388  liability coverage for the family day care home or large family
  389  child care home operations.;
  390         (c) The policyholder or applicant fails to comply with the
  391  family day care home or large family child care home licensure
  392  and registration requirements specified in s. 402.313 or s.
  393  402.3131.; or
  394         (d) Discovery of willful or grossly negligent acts or
  395  omissions or any violations of state laws or regulations
  396  establishing safety standards for family day care homes or large
  397  family child care homes by the named insured or his or her
  398  representative which materially increase any of the risks
  399  insured.
  400         Section 5. Paragraph (c) of subsection (3) of section
  401  1002.55, Florida Statutes, is amended to read:
  402         1002.55 School-year prekindergarten program delivered by
  403  private prekindergarten providers.—
  404         (3) To be eligible to deliver the prekindergarten program,
  405  a private prekindergarten provider must meet each of the
  406  following requirements:
  407         (c) The private prekindergarten provider must have, for
  408  each prekindergarten class of 11 children or fewer, at least one
  409  prekindergarten instructor who meets each of the following
  410  requirements:
  411         1. The prekindergarten instructor must hold, at a minimum,
  412  one of the following credentials:
  413         a. A child development associate credential issued by the
  414  National Credentialing Program of the Council for Professional
  415  Recognition; or
  416         b. A credential approved by the Department of Children and
  417  Families as being equivalent to or greater than the credential
  418  described in sub-subparagraph a.
  419  
  420  The Department of Children and Families may adopt rules under
  421  ss. 120.536(1) and 120.54 which provide criteria and procedures
  422  for approving equivalent credentials under sub-subparagraph b.
  423         2. Within 45 days after commencing employment, the
  424  prekindergarten instructor must successfully complete three
  425  emergent literacy training courses that include developmentally
  426  appropriate and experiential learning practices for children and
  427  a student performance standards training course approved by the
  428  department as meeting or exceeding the minimum standards adopted
  429  under s. 1002.59. The prekindergarten instructor must complete
  430  an emergent literacy training course at least once every 5 years
  431  after initially completing the three emergent literacy training
  432  courses. The courses in this subparagraph must be recognized as
  433  part of the informal early learning and career pathway
  434  identified by the department under s. 1002.995(1)(b). The
  435  requirement for completion of the standards training course
  436  shall take effect July 1, 2022. The courses must be made
  437  available online or in person.
  438         Section 6. Subsection (4) of section 1002.61, Florida
  439  Statutes, is amended to read:
  440         1002.61 Summer prekindergarten program delivered by public
  441  schools and private prekindergarten providers.—
  442         (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
  443  each public school and private prekindergarten provider must
  444  have, for each prekindergarten class, at least one
  445  prekindergarten instructor who is a certified teacher or holds
  446  one of the educational credentials specified in s. 1002.55(4)(a)
  447  or (b), or an educational credential specified in s.
  448  1002.55(3)(c)1.a. or b. as long as the instructor has completed
  449  the early literacy micro-credential program under s.
  450  1003.485(4)(h) or has an instructional support score of 3 or
  451  higher on a program assessment conducted under s. 1002.68(2) or
  452  s. 1002.82(2)(n). As used in this subsection, the term
  453  “certified teacher” means a teacher holding a valid Florida
  454  educator certificate under s. 1012.56 who has the qualifications
  455  required by the district school board to instruct students in
  456  the summer prekindergarten program. In selecting instructional
  457  staff for the summer prekindergarten program, each school
  458  district shall give priority to teachers who have experience or
  459  coursework in early childhood education and have completed
  460  emergent literacy and performance standards courses, as provided
  461  for in s. 1002.55(3)(c)2.
  462         Section 7. Paragraph (b) of subsection (2) of section
  463  1002.67, Florida Statutes, is amended to read:
  464         1002.67 Performance standards and curricula.—
  465         (2)
  466         (b) Each private prekindergarten provider’s and public
  467  school’s curriculum must be developmentally appropriate and
  468  must:
  469         1. Be designed to prepare a student for early literacy and
  470  provide for instruction in early math skills;
  471         2. Enhance the age-appropriate progress of students in
  472  attaining the performance standards adopted by the department
  473  under subsection (1); and
  474         3. Support student learning gains through differentiated
  475  instruction that shall be measured by the coordinated screening
  476  and progress monitoring program under s. 1008.25(8). A private
  477  prekindergarten provider’s or public school’s curriculum may not
  478  consist of using the coordinated screening and progress
  479  monitoring program for direct student instruction; and
  480         4. Exclude the student use of electronic devices, except to
  481  complete the coordinated screening and progress monitoring
  482  program under s. 1008.25(8).
  483         Section 8. Subsection (2) and paragraphs (a), (d), and (f)
  484  of subsection (4) of section 1002.68, Florida Statutes, are
  485  amended to read:
  486         1002.68 Voluntary Prekindergarten Education Program
  487  accountability.—
  488         (2) Beginning with the 2023-2024 2022-2023 program year,
  489  each private prekindergarten provider and public school in the
  490  Voluntary Prekindergarten Education Program must participate in
  491  a program assessment of each voluntary prekindergarten education
  492  classroom. The program assessment shall measure the quality of
  493  teacher-child interactions, including emotional support,
  494  classroom organization, and instructional support for children
  495  ages 3 to 5 years. The program assessment may be conducted only
  496  when at least 75 percent of enrolled students are in attendance.
  497  Each private prekindergarten provider and public school in the
  498  Voluntary Prekindergarten Education Program shall receive from
  499  the department the results of the program assessment for each
  500  classroom within 14 days after the observation. Each early
  501  learning coalition shall be responsible for the administration
  502  of the program assessments which must be conducted by
  503  individuals qualified to conduct program assessments under s.
  504  1002.82(2)(n).
  505         (4)(a) Beginning with the 2023-2024 2022-2023 program year,
  506  the department shall adopt a methodology for calculating each
  507  private prekindergarten provider’s and public school provider’s
  508  performance metric, which must be based on a combination of the
  509  following:
  510         1. Program assessment composite scores under subsection
  511  (2), which must be weighted at no less than 50 percent.
  512         2. Learning gains operationalized as change-in-ability
  513  scores from the initial and final progress monitoring results
  514  described in subsection (1).
  515         3. Norm-referenced developmental learning outcomes
  516  described in subsection (1).
  517         (d) The methodology shall include a statistical latent
  518  profile analysis that has been conducted by an independent
  519  expert with experience in relevant quantitative analysis, early
  520  childhood assessment, and designing state-level accountability
  521  systems. The independent expert shall be identified through
  522  competitive procurement before the 2023-2024 program year and
  523  retained through the 2025-2026 program year and developed by the
  524  department that shall produce a limited number of performance
  525  metric profiles which summarize the profiles of all sites that
  526  must be used to inform the following designations:
  527  “unsatisfactory,” “emerging proficiency,” “proficient,” “highly
  528  proficient,” and “excellent” or comparable terminology
  529  determined by the office which may not include letter grades.
  530         (f) The department shall adopt procedures to annually
  531  calculate each private prekindergarten provider’s and public
  532  school’s performance metric, based on the methodology adopted in
  533  paragraphs (a) and (b), and assign a designation under paragraph
  534  (d). Beginning with the 2024-2025 2023-2024 program year, each
  535  private prekindergarten provider or public school shall be
  536  assigned a designation within 45 days after the conclusion of
  537  the school-year Voluntary Prekindergarten Education Program
  538  delivered by all participating private prekindergarten providers
  539  or public schools and within 45 days after the conclusion of the
  540  summer Voluntary Prekindergarten Education Program delivered by
  541  all participating private prekindergarten providers or public
  542  schools.
  543         Section 9. Subsection (7) of section 1002.71, Florida
  544  Statutes, is amended to read:
  545         1002.71 Funding; financial and attendance reporting.—
  546         (7) The department shall require that administrative
  547  expenditures be kept to the minimum necessary for efficient and
  548  effective administration of the Voluntary Prekindergarten
  549  Education Program. Administrative policies and procedures shall
  550  be revised, to the maximum extent practicable, to incorporate
  551  the use of automation and electronic submission of forms,
  552  including those required for child eligibility and enrollment,
  553  provider and class registration, and monthly certification of
  554  attendance for payment. A school district may use its automated
  555  daily attendance reporting system for the purpose of
  556  transmitting attendance records to the early learning coalition
  557  in a mutually agreed-upon format. In addition, actions shall be
  558  taken to reduce paperwork, eliminate the duplication of reports,
  559  and eliminate other duplicative activities. Each early learning
  560  coalition may retain and expend no more than 4.0 percent of the
  561  funds allocated under paragraph (3)(c), which shall be
  562  calculated based on the number of applications processed
  563  pursuant to s. 1002.53(4)(a) paid by the coalition to private
  564  prekindergarten providers and public schools under paragraph
  565  (5)(b). Funds retained by an early learning coalition under this
  566  subsection may be used only for administering the Voluntary
  567  Prekindergarten Education Program and may not be used for the
  568  school readiness program or other programs.
  569         Section 10. Paragraphs (f), (j), and (q) of subsection (2)
  570  of section 1002.82, Florida Statutes, are amended to read:
  571         1002.82 Department of Education; powers and duties.—
  572         (2) The department shall:
  573         (f) Establish a unified approach to the state’s efforts to
  574  coordinate a comprehensive early learning program. In support of
  575  this effort, the department:
  576         1. Shall adopt specific program support services that
  577  address the state’s school readiness program, including:
  578         a. Statewide data information program requirements that
  579  include:
  580         (I) Eligibility requirements.
  581         (II) Financial reports.
  582         (III) Program accountability measures.
  583         (IV) Child progress reports.
  584         (V) The assignment of a Florida Education Identifier, as
  585  used by the department, for children in the school readiness
  586  program under this part and the Voluntary Prekindergarten
  587  Education Program under part V of this chapter.
  588         (VI) The assignment of a Florida Education Identifier, as
  589  used by the department, for instructors in the school readiness
  590  program under this part and the Voluntary Prekindergarten
  591  Education Program under part V of this chapter.
  592         b. Child care resource and referral services.
  593         c. A single point of entry and uniform waiting list.
  594         2. May provide technical assistance and guidance on
  595  additional support services to complement the school readiness
  596  program, including:
  597         a. Warm-Line services.
  598         b. Anti-fraud plans.
  599         c. Training and support for parental involvement in
  600  children’s early education.
  601         d. Family literacy activities and services.
  602         (j) Monitor the alignment and consistency of the standards
  603  and benchmarks developed and adopted by the department that
  604  address the age-appropriate progress of children in the
  605  development of school readiness skills. The standards for
  606  children from birth to kindergarten entry in the school
  607  readiness program must be aligned with the performance standards
  608  adopted for children in the Voluntary Prekindergarten Education
  609  Program and must address the following domains:
  610         1. Approaches to learning.
  611         2. Cognitive development and general knowledge.
  612         3. Numeracy, language, and communication.
  613         4. Physical development.
  614         5. Executive functioning Self-regulation.
  615         (q) Contract for Establish a single statewide information
  616  system that shall be used to manage all early learning programs,
  617  including the child care licensing and child care training
  618  within the Child Care Services Program Office of the Department
  619  of Children and Families, and that each coalition must use for
  620  the purposes of managing the single point of entry, tracking
  621  children’s progress, coordinating services among stakeholders,
  622  determining eligibility of children, tracking child attendance,
  623  and streamlining administrative processes for providers and
  624  early learning coalitions. By October 1, 2024 July 1, 2019, the
  625  system, subject to ss. 1002.72 and 1002.97, shall:
  626         1. Allow a parent to find early learning programs online,
  627  including the performance profile under s. 1002.92(3)(a).
  628         2.1. Allow a parent to monitor the development of his or
  629  her child as the child moves among programs within the state.
  630         3.2. Enable analysis at the state, regional, and local
  631  level to measure child growth over time, program impact, and
  632  quality improvement and investment decisions.
  633         Section 11. Subsection (6) of section 1002.83, Florida
  634  Statutes, is amended to read:
  635         1002.83 Early learning coalitions.—
  636         (6) The early learning coalition may appoint additional at
  637  large members as long as the number of at-large members
  638  appointed does not make up more than one-third of the board’s
  639  composition. The at-large members may be who must be private
  640  sector business members, either for-profit or nonprofit and may,
  641  who do not have, or have any and none of whose relatives as
  642  defined in s. 112.3143 who have has, a substantial financial
  643  interest in the design or delivery of the Voluntary
  644  Prekindergarten Education Program created under part V of this
  645  chapter or the school readiness program. The department shall
  646  establish criteria for appointing at-large private sector
  647  business members. These criteria must include standards for
  648  determining whether a member or relative has a substantial
  649  financial interest in the design or delivery of the Voluntary
  650  Prekindergarten Education Program or the school readiness
  651  program.
  652         Section 12. Paragraph (b) of subsection (4) of section
  653  1002.89, Florida Statutes, is amended to read:
  654         1002.89 School readiness program; funding.—
  655         (4) COST REQUIREMENTS.—Costs shall be kept to the minimum
  656  necessary for the efficient and effective administration of the
  657  school readiness program with the highest priority of
  658  expenditure being direct services for eligible children.
  659  However, no more than 5 percent of the funds allocated in
  660  paragraph (1)(a) may be used for administrative costs and no
  661  more than 22 percent of the funds allocated in paragraph (1)(a)
  662  may be used in any fiscal year for any combination of
  663  administrative costs, quality activities, and nondirect services
  664  as follows:
  665         (b) Activities to improve the quality of child care as
  666  described in 45 C.F.R. s. 98.53, which shall be limited to the
  667  following:
  668         1. Developing, establishing, expanding, operating, and
  669  coordinating resource and referral programs specifically related
  670  to the provision of comprehensive consumer education to parents
  671  and the public to promote informed child care choices specified
  672  in 45 C.F.R. s. 98.33.
  673         2. Awarding grants and providing financial support to
  674  school readiness program providers and their staff to assist
  675  them in meeting applicable state requirements for the program
  676  assessment required under s. 1002.82(2)(n), child care
  677  performance standards, implementing the developmentally
  678  appropriate curriculum commissioned under s. 1002.82(2)(l)
  679  curricula and related classroom resources that support parent
  680  engagement curricula, providing literacy supports, and providing
  681  continued professional development through the Teacher Education
  682  and Compensation Helps (TEACH) Scholarship Program under s.
  683  1002.95 and training aligned to the early learning professional
  684  development standards and career pathways under s. 1002.995 and
  685  training. Any grants awarded pursuant to this subparagraph shall
  686  comply with ss. 215.971 and 287.058.
  687         3. Providing training aligned with the early learning
  688  professional development standards and career pathways under s.
  689  1002.995, technical assistance, and financial support to school
  690  readiness program providers, staff, and parents on standards,
  691  child screenings, child assessments, the child development
  692  research and best practices, developmentally appropriate
  693  curriculum commissioned under s. 1002.82(2)(l), executive
  694  functioning curricula, character development, teacher-child
  695  interactions, age-appropriate discipline practices, health and
  696  safety, including reimbursement for background screenings,
  697  nutrition, first aid, cardiopulmonary resuscitation, the
  698  recognition of communicable diseases, and child abuse detection,
  699  prevention, and reporting.
  700         4. Providing, from among the funds provided for the
  701  activities described in subparagraphs 1.-3., adequate funding
  702  for infants and toddlers as necessary to meet federal
  703  requirements related to expenditures for quality activities for
  704  infant and toddler care.
  705         5. Improving the monitoring of compliance with, and
  706  enforcement of, applicable state and local requirements as
  707  described in and limited by 45 C.F.R. s. 98.40.
  708         6. Responding to Warm-Line requests by providers and
  709  parents, including providing developmental and health screenings
  710  to school readiness program children.
  711         Section 13. Paragraph (b) of subsection (4) of section
  712  1002.945, Florida Statutes, is amended to read:
  713         1002.945 Gold Seal Quality Care Program.—
  714         (4) In order to obtain and maintain a designation as a Gold
  715  Seal Quality Care provider, a child care facility, large family
  716  child care home, or family day care home must meet the following
  717  additional criteria:
  718         (b) The child care provider must not have had three or more
  719  of the same class II violations, as defined by rule of the
  720  Department of Children and Families, within the 2 years
  721  preceding its application for designation as a Gold Seal Quality
  722  Care provider. Commission of three or more of the same class II
  723  violations within a 2-year period shall be grounds for
  724  termination of the designation as a Gold Seal Quality Care
  725  provider until the provider has no class II violations that are
  726  the same for a period of 1 year.
  727         Section 14. Section 1002.95, Florida Statutes, is amended
  728  to read:
  729         1002.95 Teacher Education and Compensation Helps (TEACH)
  730  Scholarship Program.—
  731         (1) The department may contract for the administration of
  732  the Teacher Education and Compensation Helps (TEACH) Scholarship
  733  Program, which provides educational scholarships to instructors
  734  caregivers and administrators of early childhood programs,
  735  family day care homes, and large family child care homes. The
  736  goal of the program is to increase the education and training
  737  for instructors caregivers, increase the compensation for child
  738  instructors caregivers who complete the program requirements,
  739  and reduce the rate of participant turnover in the field of
  740  early childhood education.
  741         (2) An early learning coalition shall support the Teacher
  742  Education and Compensation Helps (TEACH) Scholarship Program for
  743  instructors by reimbursing child care providers for the
  744  copayment portion of the program for each instructor who
  745  completes a child development associate credential in his or her
  746  service area which shall be funded in accordance with s.
  747  1002.89(4)(b).
  748         (3)(2) The State Board of Education shall adopt rules as
  749  necessary to administer this section.
  750         Section 15. Paragraph (b) of subsection (5) of section
  751  1008.25, Florida Statutes, is amended to read:
  752         1008.25 Public school student progression; student support;
  753  coordinated screening and progress monitoring; reporting
  754  requirements.—
  755         (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
  756         (b) A Voluntary Prekindergarten Education Program student
  757  who exhibits a substantial deficiency in early literacy skills
  758  in accordance with the standards under s. 1002.67(1)(a) and
  759  based upon the results of the administration of the final
  760  coordinated screening and progress monitoring under subsection
  761  (8) shall be referred to the local school district and may be
  762  eligible to receive intensive reading interventions the summer
  763  before participating in kindergarten. The intensive reading
  764  intervention may be delivered by a private prekindergarten
  765  provider or public school prekindergarten provider that is
  766  qualified to offer the summer Voluntary Prekindergarten
  767  Education Program in accordance with s. 1002.61. The program
  768  shall consist of no more than 4 hours of instruction per day for
  769  a total of 140 hours. Such intensive reading interventions shall
  770  be paid for using funds from the General Appropriations Act in
  771  accordance with the rate set for a student in a summer
  772  prekindergarten program district’s evidence-based reading
  773  instruction allocation in accordance with s. 1011.62(8).
  774         Section 16. Paragraph (a) of subsection (4) of section
  775  39.101, Florida Statutes, is amended to read:
  776         39.101 Central abuse hotline.—The central abuse hotline is
  777  the first step in the safety assessment and investigation
  778  process.
  779         (4) USE OF INFORMATION RECEIVED BY THE CENTRAL ABUSE
  780  HOTLINE.—
  781         (a) Information received by the central abuse hotline may
  782  not be used for employment screening, except as provided in s.
  783  39.202(2)(a) and (h) or s. 402.302(16) s. 402.302(15).
  784         Section 17. Subsections (3) and (4) of section 1002.57,
  785  Florida Statutes, are amended to read:
  786         1002.57 Prekindergarten director credential.—
  787         (3) The prekindergarten director credential must meet or
  788  exceed the requirements of the Department of Children and
  789  Families for the child care facility director credential under
  790  s. 402.305(2)(f) s. 402.305(2)(g), and successful completion of
  791  the prekindergarten director credential satisfies these
  792  requirements for the child care facility director credential.
  793         (4) The department shall, to the maximum extent
  794  practicable, award credit to a person who successfully completes
  795  the child care facility director credential under s.
  796  402.305(2)(f) s. 402.305(2)(g) for those requirements of the
  797  prekindergarten director credential which are duplicative of
  798  requirements for the child care facility director credential.
  799         Section 18. Subsection (1) of section 1002.59, Florida
  800  Statutes, is amended to read:
  801         1002.59 Emergent literacy and performance standards
  802  training courses.—
  803         (1) The department, in collaboration with the Just Read,
  804  Florida! Office, shall adopt minimum standards for courses in
  805  emergent literacy for prekindergarten instructors. Each course
  806  must comprise 5 clock hours and provide instruction in
  807  strategies and techniques to address the age-appropriate
  808  progress of prekindergarten students in developing emergent
  809  literacy skills, including oral communication, knowledge of
  810  print and letters, phonological and phonemic awareness, and
  811  vocabulary and comprehension development, consistent with the
  812  evidence-based content and strategies identified pursuant to s.
  813  1001.215(8). The course standards must be reviewed as part of
  814  any review of subject coverage or endorsement requirements in
  815  the elementary, reading, and exceptional student educational
  816  areas conducted pursuant to s. 1012.586. Each course must also
  817  provide resources containing strategies that allow students with
  818  disabilities and other special needs to derive maximum benefit
  819  from the Voluntary Prekindergarten Education Program. Successful
  820  completion of an emergent literacy training course approved
  821  under this section satisfies requirements for approved training
  822  in early literacy and language development under ss.
  823  402.305(2)(e)4., 402.313(6), and 402.3131(5) ss.
  824  402.305(2)(e)5., 402.313(6), and 402.3131(5).
  825         Section 19. This act shall take effect July 1, 2023.