Bill Text: FL S1336 | 2021 | Regular Session | Introduced
Bill Title: Gold Seal Quality Care Program
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Appropriations, companion bill(s) passed, see CS/CS/HB 419 (Ch. 2021-10) [S1336 Detail]
Download: Florida-2021-S1336-Introduced.html
Florida Senate - 2021 SB 1336 By Senator Gibson 6-01509-21 20211336__ 1 A bill to be entitled 2 An act relating to the Gold Seal Quality Care program; 3 amending ss. 39.604, 212.08, and 402.26, F.S.; 4 conforming provisions and cross-references to changes 5 made by the act; transferring, renumbering, and 6 amending s. 402.281, F.S.; revising the requirements 7 of the Gold Seal Quality Care program; requiring the 8 State Board of Education to adopt specified rules; 9 specifying requirements for an accrediting entity, 10 rather than an accrediting association, to be approved 11 for participation in such program; requiring the 12 Department of Education to establish a verification 13 process for accrediting entities and providing 14 requirements therefor; requiring the department to 15 recommend to the state board termination of an 16 accrediting entity’s participation under certain 17 circumstances; providing that each child care provider 18 accredited by a terminated accrediting entity has up 19 to 1 year to obtain new accreditation; deleting a 20 provision requiring the department to consult with 21 certain entities for specified purposes; providing 22 that an accrediting entity is liable for repayment of 23 certain rate differentials if the accrediting entity 24 granted accreditation to specified entities under 25 fraudulent terms or failed to conduct onsite 26 verifications; authorizing the department to remove an 27 accrediting entity from being an approved accrediting 28 entity if the accrediting entity has accredited 10 or 29 fewer child care providers in the previous 5 years; 30 authorizing the department to recommend the 31 maintenance of Gold Seal Quality Care designation for 32 certain child care facilities; providing an exemption 33 from ad valorem taxation and rate differentials for 34 certain child care facilities; providing for a type 35 two transfer of the Gold Seal Quality Care program 36 within the Department of Children and Families to the 37 Department of Education within a specified timeframe; 38 providing for the continuation of certain contracts 39 and agreements; amending ss. 402.315, 1002.55, 40 1002.69, and 1002.895, F.S.; conforming cross 41 references; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Paragraph (b) of subsection (5) of section 46 39.604, Florida Statutes, is amended to read: 47 39.604 Rilya Wilson Act; short title; legislative intent; 48 child care; early education; preschool.— 49 (5) EDUCATIONAL STABILITY.—Just as educational stability is 50 important for school-age children, it is also important to 51 minimize disruptions to secure attachments and stable 52 relationships with supportive caregivers of children from birth 53 to school age and to ensure that these attachments are not 54 disrupted due to placement in out-of-home care or subsequent 55 changes in out-of-home placement. 56 (b) If it is not in the best interest of the child for him 57 or her to remain in his or her child care or early education 58 setting upon entry into out-of-home care, the caregiver must 59 work with the case manager, guardian ad litem, child care and 60 educational staff, and educational surrogate, if one has been 61 appointed, to determine the best setting for the child. Such 62 setting may be a child care provider that receives a Gold Seal 63 Quality Care designation pursuant to s. 1002.945s. 402.281, a 64 provider participating in a quality rating system, a licensed 65 child care provider, a public school provider, or a license 66 exempt child care provider, including religious-exempt and 67 registered providers, and nonpublic schools. 68 Section 2. Paragraph (m) of subsection (5) of section 69 212.08, Florida Statutes, is amended to read: 70 212.08 Sales, rental, use, consumption, distribution, and 71 storage tax; specified exemptions.—The sale at retail, the 72 rental, the use, the consumption, the distribution, and the 73 storage to be used or consumed in this state of the following 74 are hereby specifically exempt from the tax imposed by this 75 chapter. 76 (5) EXEMPTIONS; ACCOUNT OF USE.— 77 (m) Educational materials purchased by certain child care 78 facilities.—Educational materials, such as glue, paper, paints, 79 crayons, unique craft items, scissors, books, and educational 80 toys, purchased by a child care facility that meets the 81 standards delineated in s. 402.305, is licensed under s. 82 402.308, holds a current Gold Seal Quality Care designation 83 pursuant to s. 1002.945s. 402.281, and provides basic health 84 insurance to all employees are exempt from the taxes imposed by 85 this chapter. For purposes of this paragraph, the term “basic 86 health insurance” shall be defined and promulgated in rules 87 developed jointly by the Department of Children and Families, 88 the Agency for Health Care Administration, and the Financial 89 Services Commission. 90 Section 3. Subsection (6) of section 402.26, Florida 91 Statutes, is amended to read: 92 402.26 Child care; legislative intent.— 93(6)It is the intent of the Legislature that a child care94facility licensed pursuant to s. 402.305 or a child care95facility exempt from licensing pursuant to s. 402.316, that96achieves Gold Seal Quality status pursuant to s. 402.281, be97considered an educational institution for the purpose of98qualifying for exemption from ad valorem tax pursuant to s.99196.198.100 Section 4. Section 402.281, Florida Statutes, is 101 transferred, renumbered as section 1002.945, Florida Statutes, 102 and amended to read: 103 1002.945402.281Gold Seal Quality Care program.— 104 (1)(a) There is established within the Department of 105 Education the Gold Seal Quality Care program. 106 (b) A child care facility, large family child care home, or 107 family day care home that is accredited by an accrediting entity 108associationapproved by the department under subsection (3) and 109 meets all other requirements shall, upon application to the 110 department, receive a separate “Gold Seal Quality Care” 111 designation. 112 (2) The State Board of Educationdepartmentshall adopt 113 rules establishing Gold Seal Quality Care accreditation 114 standards using nationally recognized accrediting standards and 115 input from accrediting entitiesbased on the applicable116accrediting standards of the National Association for the117Education of Young Children (NAEYC), the National Association of118Family Child Care, and the National Early Childhood Program119Accreditation Commission. 120 (3)(a) In order to be approved by the department for 121 participation in the Gold Seal Quality Care program, an 122 accrediting entityassociationmust apply to the department and 123 demonstrate that it: 124 1. Has qualified personnel experienced in the accreditation 125 of child care facilities, large family child care homes, or 126 family day care homesIs a recognized accrediting association. 127 2. Has accrediting standards that substantially meet, or 128 exceed, the Gold Seal Quality Care standards adopted by the 129 state boarddepartmentunder subsection (2). 130 3. Has proven expertise with accrediting standards that are 131 substantially similar to the Gold Seal Quality Care standards 132 adopted by the state board under subsection (2). 133 4. Is a registered corporation with the Department of 134 State. 135 5. Can provide evidence that the accreditation process has, 136 at a minimum, all of the following components: 137 a. Clearly defined prerequisites that a child care provider 138 must meet before beginning the accreditation process. However, 139 accreditation may not be granted to a child care facility, large 140 family child care home, or family day care home before the site 141 is operational and is attended by children. 142 b. Procedures for completion of a self-study and 143 comprehensive onsite verification process for each classroom 144 which documents compliance with accrediting standards. 145 c. A training process for accreditation verifiers to ensure 146 inter-rater reliability. 147 d. Ongoing compliance procedures that include requiring 148 each accredited child care facility, large family child care 149 home, and family day care home to file an annual report with the 150 accrediting entity and risk-based onsite auditing protocols for 151 accredited child care facilities, large family child care homes, 152 and family day care homes. 153 e. Procedures for the revocation of accreditation due to 154 failure to maintain accrediting standards as evidenced by sub 155 subparagraph d. or any other relevant information received by 156 the accrediting entity. 157 f. Accreditation renewal procedures that include an onsite 158 verification occurring at least every 5 years. 159 g. A process for verifying continued accreditation 160 compliance in the event of a transfer of ownership of 161 facilities. 162 h. A process to communicate issues that arise during the 163 accreditation period with governmental entities that have a 164 vested interest in the Gold Seal Quality Care program, including 165 the department, the Department of Children and Families, the 166 Department of Health, local licensing entities if applicable, 167 and the early learning coalition. 168 (b) The department shall establish a process that verifies 169 that the accrediting entity meets the provisions of paragraph 170 (a), which must include an auditing program and any other 171 procedures that may reasonably determine an accrediting entity’s 172 compliance with this section. If an accrediting entity is not in 173 compliance and fails to cure its deficiencies within 30 days, 174 the department shall recommend to the state board termination of 175 the accrediting entity’s participation in the program for a 176 period of at least 2 years but not more than 5 years. If an 177 accrediting entity’s participation in the program is terminated, 178 each child care provider accredited by that entity shall have up 179 to 1 year to obtain a new accreditation from a department 180 approved accrediting entityIn approving accrediting181associations, the department shall consult with the Department182of Education, the Florida Head Start Directors Association, the183Florida Association of Child Care Management, the Florida Family184Child Care Home Association, the Florida Children’s Forum, the185Florida Association for the Education of the Young, the Child186Development Education Alliance, the Florida Association of187Academic Nonpublic Schools, the Association of Early Learning188Coalitions, providers receiving exemptions under s. 402.316, and189parents. 190 (c) If an accrediting entity has granted accreditation to a 191 child care facility, large family child care home, or family day 192 care under fraudulent terms or failed to conduct onsite 193 verifications, the accrediting entity shall be liable for the 194 repayment of any rate differentials paid under subsection (6). 195 (d) The department may remove an accrediting entity from 196 being an approved accrediting entity if the accrediting entity 197 has accredited 10 or fewer child care providers in the previous 198 5 years. 199 (4) In order to obtain and maintain a designation as a Gold 200 Seal Quality Care provider, a child care facility, large family 201 child care home, or family day care home must meet the following 202 additional criteria: 203 (a) The child care provider must not have had any class I 204 violations, as defined by rule of the Department of Children and 205 Families, within the 2 years preceding its application for 206 designation as a Gold Seal Quality Care provider. Commission of 207 a class I violation shall be grounds for termination of the 208 designation as a Gold Seal Quality Care provider until the 209 provider has no class I violations for a period of 2 years. 210 (b) The child care provider must not have had three or more 211 class II violations, as defined by rule of the Department of 212 Children and Families, within the 2 years preceding its 213 application for designation as a Gold Seal Quality Care 214 provider. Commission of three or more class II violations within 215 a 2-year period shall be grounds for termination of the 216 designation as a Gold Seal Quality Care provider until the 217 provider has no class II violations for a period of 1 year. 218 (c) The child care provider must not have been cited for 219 the same class III violation, as defined by rule of the 220 Department of Children and Families, three or more times and 221 failed to correct the violation within 1 year after the date of 222 each citation, within the 2 years preceding its application for 223 designation as a Gold Seal Quality Care provider. Commission of 224 the same class III violation three or more times and failure to 225 correct within the required time during a 2-year period may be 226 grounds for termination of the designation as a Gold Seal 227 Quality Care provider until the provider has no class III 228 violations for a period of 1 year. 229 (d) Notwithstanding paragraph (a), if the department 230 determines through a formal process that a child care provider 231 has been in business for at least 5 years and has no other class 232 I violations recorded, the department may recommend to the state 233 board that the provider maintain its Gold Seal Quality Care 234 designation. The state board’s determination regarding such 235 provider’s designation is final. 236 (5) A child care facility licensed pursuant to s. 402.305 237 or a child care facility exempt from licensing pursuant to s. 238 402.316 which achieves Gold Seal Quality Care designation under 239 this section shall be considered an educational institution for 240 the purpose of qualifying for an exemption from ad valorem 241 taxation under s. 196.198. 242 (6) A child care facility licensed pursuant to s. 402.305 243 or a child care facility exempt from licensing pursuant to s. 244 402.316 which achieves Gold Seal Quality Care status under this 245 section and which participates in the school readiness program 246 shall receive a minimum of a 20 percent rate differential for 247 each enrolled school readiness child by care level and unit of 248 child care. 249 (7)(5)The state boardDepartment of Children and Families250 shall adopt rules under ss. 120.536(1) and 120.54 which provide 251 criteria and procedures for reviewing and approving accrediting 252 entitiesassociationsfor participation in the Gold Seal Quality 253 Care program and,conferring and revoking designations of Gold 254 Seal Quality Care providers, and classifying violations. 255 Section 5. (1) Before July 1, 2026, all powers, duties, 256 functions, records, offices, personnel, associated 257 administrative support positions, property, pending issues, 258 existing contracts, administrative authority, administrative 259 rules, and unexpended balances of appropriations, allocations, 260 and other funds relating to the Gold Seal Quality Care program 261 within the Department of Children and Families are transferred 262 by a type two transfer, as defined in s. 20.06(2), Florida 263 Statutes, to the Department of Education. 264 (2) Any binding contract or interagency agreement existing 265 before July 1, 2021, between the Department of Children and 266 Families, or an entity or agent of the department, and any other 267 agency, entity, or person relating to the Gold Seal Quality Care 268 program shall continue as a binding contract or interagency 269 agreement for the remainder of the term of the contract or 270 agreement on the successor entity responsible for the program, 271 activity, or function relative to the contract or agreement. 272 Section 6. Subsection (5) of section 402.315, Florida 273 Statutes, is amended to read: 274 402.315 Funding; license fees.— 275 (5) All moneys collected by the department for child care 276 licensing shall be held in a trust fund of the department to be 277 reallocated to the department during the following fiscal year 278 to fund child care licensing activities, including the Gold Seal 279 Quality Care program created pursuant to s. 1002.945s. 402.281. 280 Section 7. Paragraph (b) of subsection (3) of section 281 1002.55, Florida Statutes, is amended to read: 282 1002.55 School-year prekindergarten program delivered by 283 private prekindergarten providers.— 284 (3) To be eligible to deliver the prekindergarten program, 285 a private prekindergarten provider must meet each of the 286 following requirements: 287 (b) The private prekindergarten provider must: 288 1. Be accredited by an accrediting association that is a 289 member of the National Council for Private School Accreditation, 290 or the Florida Association of Academic Nonpublic Schools, or be 291 accredited by the Southern Association of Colleges and Schools, 292 or Western Association of Colleges and Schools, or North Central 293 Association of Colleges and Schools, or Middle States 294 Association of Colleges and Schools, or New England Association 295 of Colleges and Schools; and have written accreditation 296 standards that meet or exceed the state’s licensing requirements 297 under s. 402.305, s. 402.313, or s. 402.3131 and require at 298 least one onsite visit to the provider or school before 299 accreditation is granted; 300 2. Hold a current Gold Seal Quality Care designation under 301 s. 1002.945s. 402.281; or 302 3. Be licensed under s. 402.305, s. 402.313, or s. 402.3131 303 and demonstrate, before delivering the Voluntary Prekindergarten 304 Education Program, as verified by the early learning coalition, 305 that the provider meets each of the requirements of the program 306 under this part, including, but not limited to, the requirements 307 for credentials and background screenings of prekindergarten 308 instructors under paragraphs (c) and (d), minimum and maximum 309 class sizes under paragraph (f), prekindergarten director 310 credentials under paragraph (g), and a developmentally 311 appropriate curriculum under s. 1002.67(2)(b). 312 Section 8. Paragraph (d) of subsection (7) of section 313 1002.69, Florida Statutes, is amended to read: 314 1002.69 Statewide kindergarten screening; kindergarten 315 readiness rates; state-approved prekindergarten enrollment 316 screening; good cause exemption.— 317 (7) 318 (d) A good cause exemption may not be granted to any 319 private prekindergarten provider that has any class I violations 320 or two or more class II violations within the 2 years preceding 321 the provider’s or school’s request for the exemption. For 322 purposes of this paragraph, class I and class II violations have 323 the same meaning as provided in s. 1002.945(4)s. 402.281(4). 324 Section 9. Paragraph (a) of subsection (1) and paragraph 325 (a) of subsection (2) of section 1002.895, Florida Statutes, are 326 amended to read: 327 1002.895 Market rate schedule.—The school readiness program 328 market rate schedule shall be implemented as follows: 329 (1) The office shall establish procedures for the adoption 330 of a market rate schedule. The schedule must include, at a 331 minimum, county-by-county rates: 332 (a) The market rate, including the minimum and the maximum 333 rates for child care providers that hold a Gold Seal Quality 334 Care designation under s. 1002.945s. 402.281. 335 (2) The market rate schedule, at a minimum, must: 336 (a) Differentiate rates by type, including, but not limited 337 to, a child care provider that holds a Gold Seal Quality Care 338 designation under s. 1002.945s. 402.281, a child care facility 339 licensed under s. 402.305, a public or nonpublic school exempt 340 from licensure under s. 402.3025, a faith-based child care 341 facility exempt from licensure under s. 402.316 that does not 342 hold a Gold Seal Quality Care designation, a large family child 343 care home licensed under s. 402.3131, or a family day care home 344 licensed or registered under s. 402.313. 345 Section 10. This act shall take effect upon becoming a law.