Bill Text: FL S7006 | 2015 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Early Learning
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S7006 Detail]
Download: Florida-2015-S7006-Comm_Sub.html
Bill Title: Early Learning
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S7006 Detail]
Download: Florida-2015-S7006-Comm_Sub.html
Florida Senate - 2015 CS for SB 7006 By the Committees on Community Affairs; and Education Pre-K - 12; and Senator Legg 578-01654-15 20157006c1 1 A bill to be entitled 2 An act relating to early learning; providing a 3 directive to the Division of Law Revision and 4 Information to change the term “family day care home” 5 to “family child care home,” and the term “family day 6 care” to “family child care”; amending ss. 125.0109 7 and 166.0445, F.S.; including large family child care 8 homes in local zoning regulation requirements; 9 amending s. 402.302, F.S.; redefining the term 10 “substantial compliance”; requiring the Department of 11 Children and Families to adopt rules for compliance by 12 certain programs regulated, but not licensed, by the 13 department; amending s. 402.3025, F.S.; revising 14 requirements for nonpublic schools delivering certain 15 voluntary prekindergarten education programs and 16 school readiness programs; amending s. 402.305, F.S.; 17 revising certain minimum standards for child care 18 facilities; prohibiting the transfer of ownership of 19 such facilities to specified individuals; creating s. 20 402.3085, F.S.; requiring nonpublic schools or 21 providers seeking to operate certain programs to 22 annually obtain a certificate from the department or a 23 local licensing agency; providing for issuance of the 24 certificate upon examination of the applicant’s 25 premises and records; prohibiting a provider from 26 participating in the programs without a certificate; 27 authorizing local licensing agencies to apply their 28 own minimum child care standards under certain 29 circumstances; amending s. 402.311, F.S.; providing 30 for the inspection of programs regulated by the 31 department; amending s. 402.3115, F.S.; providing for 32 abbreviated inspections of specified child care homes; 33 requiring rulemaking; amending s. 402.313, F.S.; 34 revising provisions for licensure, registration, and 35 operation of family child care homes; amending s. 36 402.3131, F.S.; revising requirements for large family 37 child care homes; amending s. 402.316, F.S.; providing 38 exemptions from child care facility licensing 39 standards; requiring a child care facility operating 40 as a provider of certain voluntary prekindergarten 41 education programs or child care programs to comply 42 with minimum standards; providing penalties for 43 failure to disclose or for use of certain information; 44 requiring the department to establish a fee for 45 inspection and compliance activities; amending s. 46 627.70161, F.S.; revising restrictions on residential 47 property insurance coverage to include coverage for 48 large family child care homes; amending s. 1001.213, 49 F.S.; providing additional duties of the Office of 50 Early Learning; amending s. 1002.53, F.S.; revising 51 requirements for application and determination of 52 eligibility to enroll in the Voluntary Prekindergarten 53 (VPK) Education Program; amending s. 1002.55, F.S.; 54 revising requirements for a school-year 55 prekindergarten program delivered by a private 56 prekindergarten provider, including requirements for 57 providers, instructors, and child care personnel; 58 providing requirements in the case of provider 59 violations; amending s. 1002.59, F.S.; conforming a 60 cross-reference to changes made by the act; amending 61 ss. 1002.61 and 1002.63, F.S.; revising employment 62 requirements and educational credentials of certain 63 instructional personnel; amending s. 1002.71, F.S.; 64 revising information that must be provided to parents; 65 amending s. 1002.75, F.S.; revising provisions 66 included in the standard statewide VPK program 67 provider contract; amending s. 1002.77, F.S.; revising 68 the purpose and meetings of the Florida Early Learning 69 Advisory Council; amending s. 1002.81, F.S.; revising 70 certain program definitions; amending s. 1002.82, 71 F.S.; revising the powers and duties of the Office of 72 Early Learning; revising provisions included in the 73 standard statewide school readiness provider contract; 74 amending s. 1002.84, F.S.; revising the powers and 75 duties of early learning coalitions; conforming 76 provisions to changes made by the act; amending s. 77 1002.87, F.S.; revising student eligibility and 78 enrollment requirements for the school readiness 79 program; amending s. 1002.88, F.S.; revising 80 eligibility requirements for program providers that 81 want to deliver the school readiness program; 82 providing conditions for denial of initial 83 eligibility; providing child care personnel 84 requirements; amending s. 1002.89, F.S.; revising the 85 use of funds for the school readiness program; 86 amending s. 1002.91, F.S.; prohibiting an early 87 learning coalition from contracting with specified 88 persons; amending s. 1002.94, F.S.; revising 89 establishment of a community child care task force by 90 an early learning coalition; amending s. 1003.21, 91 F.S.; authorizing a district school board or charter 92 school governing board to adopt a policy to allow a 93 child to be admitted to a public kindergarten if the 94 child meets certain requirements; requiring the Office 95 of Early Learning to conduct a pilot project to study 96 the impact of assessing the early literacy skills of 97 certain VPK program participants; requiring the office 98 to report its findings to the Governor and Legislature 99 by specified dates; providing an appropriation; 100 providing an effective date. 101 102 Be It Enacted by the Legislature of the State of Florida: 103 104 Section 1. The Division of Law Revision and Information is 105 directed to prepare a reviser’s bill for the 2016 Regular 106 Session of the Legislature to change the term “family day care 107 home” to “family child care home” and the term “family day care” 108 to “family child care” wherever the terms appear in the Florida 109 Statutes. 110 Section 2. Section 125.0109, Florida Statutes, is amended 111 to read: 112 125.0109 Family childdaycare homes and large family child 113 care homes; local zoning regulation.—The operation of a 114 residence as a family childdaycare home or large family child 115 care home, as defined in s. 402.302, licensed or registered 116 pursuant to s. 402.313 or s. 402.3131, as applicable, 117 constitutes,as defined by law, registered or licensed with the118Department of Children and Familiesshall constitutea valid 119 residential use for purposes of any local zoning regulations, 120 andnosuch regulation may notshallrequire the owner or 121 operator of such family childdaycare home or large family 122 child care home to obtain any special exemption or use permit or 123 waiver, or to pay any special fee in excess of $50, to operate 124 in an area zoned for residential use. 125 Section 3. Section 166.0445, Florida Statutes, is amended 126 to read: 127 166.0445 Family childdaycare homes and large family child 128 care homes; local zoning regulation.—The operation of a 129 residence as a family childdaycare home or large family child 130 care home, as defined in s. 402.302, licensed or registered 131 pursuant to s. 402.313 or s. 402.3131, as applicable, 132 constitutes,as defined by law, registered or licensed with the133Department of Children and Familiesshall constitutea valid 134 residential use for purposes of any local zoning regulations, 135 andnosuch regulations may notregulation shallrequire the 136 owner or operator of such family childdaycare home or large 137 family child care home to obtain any special exemption or use 138 permit or waiver, or to pay any special fee in excess of $50, to 139 operate in an area zoned for residential use. 140 Section 4. Subsection (17) of section 402.302, Florida 141 Statutes, is amended to read: 142 402.302 Definitions.—As used in this chapter, the term: 143 (17) “Substantial compliance” means, for purposes of 144 programs operating under s. 1002.55, s. 1002.61, or s. 1002.88, 145that level ofadherence to adopted standards which is sufficient 146 to safeguard the health, safety, and well-being of all children 147 under care. The standards must address the requirements of s. 148 402.305 and must be limited to supervision, transportation, 149 access, health-related requirements, food and nutrition, 150 personnel screening, records, and enforcement of these 151 standards. The standards must not limit or exclude the 152 curriculum provided by a faith-based provider or nonpublic 153 school. The department, in consultation with the Office of Early 154 Learning, must adopt rules to define and enforce substantial 155 compliance with minimum standards for child care facilities for 156 programs operating under s. 1002.55, s. 1002.61, or s. 1002.88 157 which are regulated, but not licensed, by the department 158Substantial compliance is greater than minimal adherence but not159to the level of absolute adherence.Where a violation or160variation is identified as the type which impacts, or can be161reasonably expected within 90 days to impact, the health,162safety, or well-being of a child, there is no substantial163compliance.164 Section 5. Paragraphs (d) and (e) of subsection (2) of 165 section 402.3025, Florida Statutes, are amended to read: 166 402.3025 Public and nonpublic schools.—For the purposes of 167 ss. 402.301-402.319, the following shall apply: 168 (2) NONPUBLIC SCHOOLS.— 169 (d)1. Nonpublic schools delivering programs under s. 170 1002.55, s. 1002.61, or s. 1002.88Programs for children who are171at least 3 years of age, but under 5 years of age,which are not 172 licensed under ss. 402.301-402.319 shall substantially comply 173 with the minimum child care standards adoptedpromulgated174 pursuant to ss. 402.305-402.3057. 175 2. The department or local licensing agency shall enforce 176 compliance with such standards, where possible, to eliminate or 177 minimize duplicative inspections or visits by staff enforcing 178 the minimum child care standards and staff enforcing other 179 standards under the jurisdiction of the department. 180 3. The department or local licensing agency may inspect 181 programs operating under this paragraph and pursue 182 administrative or judicial action under ss. 402.310-402.312 183 against nonpublic schools operating under this paragraph 184commence and maintain all proper and necessary actions and185proceedings for any or all of the following purposes:186a.to protect the health, sanitation, safety, and well 187 being of all children under care. 188b. To enforce its rules and regulations.189c. To use corrective action plans, whenever possible, to190attain compliance prior to the use of more restrictive191enforcement measures.192d. To make application for injunction to the proper circuit193court, and the judge of that court shall have jurisdiction upon194hearing and for cause shown to grant a temporary or permanent195injunction, or both, restraining any person from violating or196continuing to violate any of the provisions of ss. 402.301197402.319. Any violation of this section or of the standards198applied under ss. 402.305-402.3057 which threatens harm to any199child in the school’s programs for children who are at least 3200years of age, but are under 5 years of age, or repeated201violations of this section or the standards under ss. 402.305202402.3057, shall be grounds to seek an injunction to close a203program in a school.204e. To impose an administrative fine, not to exceed $100,205for each violation of the minimum child care standards206promulgated pursuant to ss. 402.305-402.3057.207 4. It is a misdemeanor of the first degree, punishable as 208 provided in s. 775.082 or s. 775.083, for any person willfully, 209 knowingly, or intentionally to: 210 a. Fail, by false statement, misrepresentation, 211 impersonation, or other fraudulent means, to disclose in any 212 required written documentation for exclusion from licensure 213 pursuant to this section a material fact used in making a 214 determination as to such exclusion; or 215 b. Use information from the criminal records obtained under 216 s. 402.305 or s. 402.3055 for any purpose other than screening 217 that person for employment as specified in those sections or 218 release such information to any other person for any purpose 219 other than screening for employment as specified in those 220 sections. 221 5. It is a felony of the third degree, punishable as 222 provided in s. 775.082, s. 775.083, or s. 775.084, for any 223 person willfully, knowingly, or intentionally to use information 224 from the juvenile records of any person obtained under s. 225 402.305 or s. 402.3055 for any purpose other than screening for 226 employment as specified in those sections or to release 227 information from such records to any other person for any 228 purpose other than screening for employment as specified in 229 those sections. 230 6. The inclusion of nonpublic schools within options 231 available under ss. 1002.55, 1002.61, and 1002.88 does not 232 expand the regulatory authority of the state, its officers, any 233 local licensing agency, or any early learning coalition to 234 impose any additional regulation of nonpublic schools beyond 235 those reasonably necessary to enforce requirements expressly 236 specified in this paragraph. 237(e) The department and the nonpublic school accrediting238agencies are encouraged to develop agreements to facilitate the239enforcement of the minimum child care standards as they relate240to the schools which the agencies accredit.241 Section 6. Paragraphs (a) and (d) of subsection (2), 242 paragraph (b) of subsection (9), and subsections (10) and (18) 243 of section 402.305, Florida Statutes, are amended to read: 244 402.305 Licensing standards; child care facilities.— 245 (2) PERSONNEL.—Minimum standards for child care personnel 246 shall include minimum requirements as to: 247 (a) Good moral character based upon screening, according to 248 the level 2 screening requirements of. This screening shall be249conducted as provided inchapter 435, using the level 2250standards for screening set forth in that chapter. In addition 251 to the offenses specified in s. 435.04, all child care personnel 252 required to undergo background screening pursuant to this 253 section may not have an arrest awaiting final disposition for, 254 may not have been found guilty of, regardless of adjudication, 255 or entered a plea of nolo contendere or guilty to, and may not 256 have been adjudicated delinquent and have a record that has been 257 sealed or expunged for an offense specified in s. 39.205. Before 258 employing child care personnel subject to this section, the 259 employer must conduct employment history checks of each of the 260 personnel’s previous employers and document the findings. If 261 unable to contact a previous employer, the employer must 262 document efforts to contact the previous employer. 263 (d) Minimum training requirements for child care personnel. 264 1. Such minimum standards for training shall ensure that 265 all child care personnel take an approved 40-clock-hour 266 introductory course in child care, which course covers at least 267 the following topic areas: 268 a. State and local rules and regulations which govern child 269 care. 270 b. Health, safety, and nutrition. 271 c. Identifying and reporting child abuse and neglect. 272 d. Child development, including typical and atypical 273 language, cognitive, motor, social, and self-help skills 274 development. 275 e. Observation of developmental behaviors, including using 276 a checklist or other similar observation tools and techniques to 277 determine the child’s developmental age level. 278 f. Specialized areas, including computer technology for 279 professional and classroom use and numeracy, early literacy, and 280 language development of children from birth to 5 years of age, 281 as determined by the department, for owner-operators and child 282 care personnel of a child care facility. 283 g. Developmental disabilities, including autism spectrum 284 disorder and Down syndrome, and early identification, use of 285 available state and local resources, classroom integration, and 286 positive behavioral supports for children with developmental 287 disabilities. 288 289 Within 90 days after employment, child care personnel shall 290 begin training to meet the training requirements pursuant to 291 this paragraph. Child care personnel shall successfully complete 292 such training within 1 year after the date on which the training 293 began, as evidenced by passage of a competency examination. 294 Successful completion of the 40-clock-hour introductory course 295 shall articulate into community college credit in early 296 childhood education, pursuant to ss. 1007.24 and 1007.25. 297 Exemption from all or a portion of the required training shall 298 be granted to child care personnel based upon educational 299 credentials or passage of competency examinations. Child care 300 personnel possessing a 2-year degree or higher that includes 6 301 college credit hours in early childhood development or child 302 growth and development, or a child development associate 303 credential or an equivalent state-approved child development 304 associate credential, or a child development associate waiver 305 certificate shall be automatically exempted from the training 306 requirements in sub-subparagraphs b., d., and e. 307 2. The introductory course in child care shall stress, to 308 the extent possible, an interdisciplinary approach to the study 309 of children. 310 3. The introductory course shall cover recognition and 311 prevention of shaken baby syndrome; prevention of sudden infant 312 death syndrome; recognition and care of infants and toddlers 313 with developmental disabilities, including autism spectrum 314 disorder and Down syndrome; and early childhood brain 315 development within the topic areas identified in this paragraph. 316 4. On an annual basis in order to further their child care 317 skills and, if appropriate, administrative skills, child care 318 personnel who have fulfilled the requirements for the child care 319 training shall be required to take an additional 1 continuing 320 education unit of approved inservice training, or 10 clock hours 321 of equivalent training, as determined by the department. 322 5. Child care personnel shall be required to complete 0.5 323 continuing education unit of approved training or 5 clock hours 324 of equivalent training, as determined by the department, in 325 numeracy, early literacy, and language development of children 326 from birth to 5 years of age one time. The year that this 327 training is completed, it shall fulfill the 0.5 continuing 328 education unit or 5 clock hours of the annual training required 329 in subparagraph 4. 330 6. Procedures for ensuring the training of qualified child 331 care professionals to provide training of child care personnel, 332 including onsite training, shall be included in the minimum 333 standards. It is recommended that the state community child care 334 coordination agencies (central agencies) be contracted by the 335 department to coordinate such training when possible. Other 336 district educational resources, such as community colleges and 337 career programs, can be designated in such areas where central 338 agencies may not exist or are determined not to have the 339 capability to meet the coordination requirements set forth by 340 the department. 341 7. Training requirements doshallnot apply to certain 342 occasional or part-time support staff, including, but not 343 limited to, swimming instructors, piano teachers, dance 344 instructors, and gymnastics instructors. 345 8. The department shall evaluate or contract for an 346 evaluation for the general purpose of determining the status of 347 and means to improve staff training requirements and testing 348 procedures. The evaluation shall be conducted every 2 years. The 349 evaluation mustshallinclude, but not be limited to, 350 determining the availability, quality, scope, and sources of 351 current staff training; determining the need for specialty 352 training; and determining ways to increase inservice training 353 and ways to increase the accessibility, quality, and cost 354 effectiveness of current and proposed staff training. The 355 evaluation methodology mustshallinclude a reliable and valid 356 survey of child care personnel. 357 9. The child care operator shall be required to take basic 358 training in serving children with disabilities within 5 years 359 after employment, either as a part of the introductory training 360 or the annual 8 hours of inservice training. 361 (9) ADMISSIONS AND RECORDKEEPING.— 362 (b)During the months of August and September of each year,363 Each child care facility shall provide parents of children 364 enrollingenrolledin the facility detailed information 365 regarding the causes, symptoms, and transmission of the 366 influenza virus in an effort to educate those parents regarding 367 the importance of immunizing their children against influenza as 368 recommended by the Advisory Committee on Immunization Practices 369 of the Centers for Disease Control and Prevention. 370 (10) TRANSPORTATION SAFETY.—Minimum standards mustshall371 include requirements for child restraints or seat belts in 372 vehicles used by child care facilities,andlarge family child 373 care homes, and licensed family child care homes to transport 374 children, requirements for annual inspections of the vehicles, 375 limitations on the number of children in the vehicles, and 376 accountability for children being transported. 377 (18) TRANSFER OF OWNERSHIP.— 378 (a) One week beforeprior tothe transfer of ownership of a 379 child care facility,orfamily childdaycare home, or large 380 family child care home, the transferor shall notify the parent 381 or caretaker of each child of the impending transfer. 382 (b) The owner of a child care facility, family child care 383 home, or large family child care home may not transfer ownership 384 to a relative of the operator if the operator has had his or her 385 license suspended or revoked by the department pursuant to s. 386 402.310, has received notice from the department that reasonable 387 cause exists to suspend or revoke his or her license, or has 388 been placed on the United States Department of Agriculture 389 National Disqualified List. For purposes of this paragraph, the 390 term “relative” means father, mother, son, daughter, 391 grandfather, grandmother, brother, sister, uncle, aunt, cousin, 392 nephew, niece, husband, wife, father-in-law, mother-in-law, son 393 in-law, daughter-in-law, brother-in-law, sister-in-law, 394 stepfather, stepmother, stepson, stepdaughter, stepbrother, 395 stepsister, half brother, or half sister. 396 (c)(b)The department shall, by rule, establish methods by 397 which notice will be achieved and minimum standards by which to 398 implement this subsection. 399 Section 7. Section 402.3085, Florida Statutes, is created 400 to read: 401 402.3085 Certificate of substantial compliance with minimum 402 child care standards.—Each nonpublic school or provider seeking 403 to operate a program pursuant to s. 402.3025(2)(d) or s. 404 402.316(4), respectively, shall annually obtain a certificate 405 from the department or local licensing agency in the manner and 406 on the forms prescribed by the department or local licensing 407 agency. An annual certificate or a renewal of an annual 408 certificate shall be issued upon an examination of the 409 applicant’s premises and records to determine that the applicant 410 is in substantial compliance with the minimum child care 411 standards. A provider may not participate in these programs 412 without this certification. Local licensing agencies may apply 413 their own minimum child care standards if the department 414 determines that such standards meet or exceed department 415 standards as provided in s. 402.307. 416 Section 8. Section 402.311, Florida Statutes, is amended to 417 read: 418 402.311 Inspection.—A licensed child care facility or 419 program regulated by the department shall accord to the 420 department or the local licensing agency, whichever is 421 applicable, the privilege of inspection, including access to 422 facilities and personnel and to those records required in s. 423 402.305, at reasonable times during regular business hours, to 424 ensure compliance withthe provisions ofss. 402.301-402.319. 425 The right of entry and inspection shall also extend to any 426 premises which the department or local licensing agency has 427 reason to believe are being operated or maintained as a child 428 care facility or programwithout a license, but no such entry or 429 inspection of any premises shall be made without the permission 430 of the person in charge thereof unless a warrant is first 431 obtained from the circuit court authorizing same. Any 432 application for a license, application for authorization to 433 operate a child care program which must maintain substantial 434 compliance with child care standards adopted under this chapter, 435orrenewal of such license or authorization,made pursuant to436this actor the advertisement to the public for the provision of 437 child care as defined in s. 402.302 constitutesshall constitute438 permission for any entry to or inspection of the subject 439 premisesfor which the license is sought in orderto facilitate 440 verification of the information submitted on or in connection 441 with the application. In the event alicensedfacility or 442 program refuses permission for entry or inspection to the 443 department or local licensing agency, a warrant shall be 444 obtained from the circuit court authorizing same beforeprior to445 such entry or inspection. The department or local licensing 446 agency may institute disciplinary proceedings pursuant to s. 447 402.310,for such refusal. 448 Section 9. Section 402.3115, Florida Statutes, is amended 449 to read: 450 402.3115Elimination of duplicative and unnecessary451inspections;Abbreviated inspections.—The Department of Children452and Families and local governmental agencies that license child453care facilities shall develop and implement a plan to eliminate454duplicative and unnecessary inspections of child care455facilities. In addition,The department and the local licensing 456governmentalagencies shall conductdevelop and implement an457 abbreviated inspections ofinspection plan forchild care 458 facilities licensed under s. 402.305, family child care homes 459 licensed under s. 402.313, and large family child care homes 460 licensed under s. 402.3131 that have had no Class I1or Class 461 II violations2 deficiencies, as defined by rule, for at least 2 462 consecutive years. The abbreviated inspection must include those 463 elements identified by the department and the local licensing 464governmentalagencies as being key indicators of whether the 465 child care facility continues to provide quality care and 466 programming. The department shall adopt rules establishing 467 criteria and procedures for abbreviated inspections and 468 inspection schedules that provide for both announced and 469 unannounced inspections. 470 Section 10. Section 402.313, Florida Statutes, is amended 471 to read: 472 402.313 Family childdaycare homes.— 473 (1) A family childdaycare home musthomes shallbe 474 licensed under this sectionactif it isthey arepresently 475 being licensed under an existing county licensing ordinance,or476ifthe board of county commissioners passes a resolution that 477 requires licensure of family childdaycare homes, or the family 478 child care home is operating a program under s. 1002.55, s. 479 1002.61, or s. 1002.88be licensed. Each licensed or registered 480 family child care home must conspicuously display its license or 481 registration in the common area of the home. 482 (a) If not subject to license, a family childdaycare home 483 must comply with this section andhomes shallregister annually 484 with the department, providing the following information: 485 1. The name and address of the home. 486 2. The name of the operator. 487 3. The number of children served. 488 4. Proof of a written plan to identify aprovide at least489one othercompetent adult who has met the screening and training 490 requirements of the department to serve as a designatedto be491available tosubstitute for the operatorin an emergency. This 492 plan mustshallinclude the name, address, and telephone number 493 of the designated substitute who will serve in the absence of 494 the operator. 4955. Proof of screening and background checks.4966. Proof of successful completion of the 30-hour training497course, as evidenced by passage of a competency examination,498which shall include:499a. State and local rules and regulations that govern child500care.501b. Health, safety, and nutrition.502c. Identifying and reporting child abuse and neglect.503d. Child development, including typical and atypical504language development; and cognitive, motor, social, and self505help skills development.506e. Observation of developmental behaviors, including using507a checklist or other similar observation tools and techniques to508determine a child’s developmental level.509f. Specialized areas, including early literacy and language510development of children from birth to 5 years of age, as511determined by the department, for owner-operators of family day512care homes.513 5.7.Proof that immunization records are kept current. 5148. Proof of completion of the required continuing education515units or clock hours.516 517 Upon receipt of registration information submitted by a family 518 child care home pursuant to this paragraph, the department shall 519 verify that the home is in compliance with the background 520 screening requirements in subsection (3) and that the operator 521 and the designated substitute are in compliance with the 522 applicable training requirements of subsection (4). 523 (b) A family childdaycare home may volunteer to be 524 licensedunder this act. 525 (c) The department may provide technical assistance to 526 counties and operators of family childdaycare homeshome527providersto enable counties and operatorsfamily day care528providersto achieve compliance with family childdaycare home 529homesstandards. 530 (2) This information shall be included in a directory to be 531 published annually by the department to inform the public of 532 available child care facilities. 533 (3) Child care personnel in family childdaycare homes are 534shall besubject to the applicable screening provisions 535 contained in ss. 402.305(2) and 402.3055. For purposes of 536 screening in family childdaycare homes, the term “child care 537 personnel” includes the operator, the designated substitute, any 538 member over the age of 12 years of a family childdaycare home 539 operator’s family, or persons over the age of 12 years residing 540 with the operator in the family childdaycare home. Members of 541 the operator’s family, or persons residing with the operator, 542 who are between the ages of 12 years and 18 years mayshallnot 543 be required to be fingerprinted,but shall be screened for 544 delinquency records. 545 (4)(a) Before licensure and before caring for children, 546 operators of family childdaycare homes and an individual 547 serving as a designated substitute for the operator who works 40 548 hours or more per month on average must: 549 1. Successfully complete an approved 30-clock-hour 550 introductory course in child care, as evidenced by passage of a 551 competency examination, before caring for children. The course 552 must include: 553 a. State and local rules and regulations that govern child 554 care. 555 b. Health, safety, and nutrition. 556 c. Identifying and reporting child abuse and neglect. 557 d. Child development, including typical and atypical 558 language development, and cognitive, motor, social, and 559 executive functioning skills development. 560 e. Observation of developmental behaviors, including using 561 checklists or other similar observation tools and techniques to 562 determine a child’s developmental level. 563 f. Specialized areas, including numeracy, early literacy, 564 and language development of children from birth to 5 years of 565 age, as determined by the department, for operators of family 566 child care homes. 567(5)In order to further develop their child care skills568and, if appropriate, their administrative skills, operators of569family day care homes shall be required to complete an570additional 1 continuing education unit of approved training or57110 clock hours of equivalent training, as determined by the572department, annually.573 2.(6)Operators of family day care homes shall be required574toComplete a 0.5 continuing education unit of approved training 575 in numeracy, early literacy, and language development of 576 children from birth to 5 years of age one time. For an operator, 577 the year that this training is completed, it shall fulfill the 578 0.5 continuing education unit or 5 clock hours of the annual 579 training required in paragraph (c)subsection (5). 580 3. Complete training in first aid and infant and child 581 cardiopulmonary resuscitation as evidenced by current 582 documentation of course completion. 583 (b) Before licensure and before caring for children, family 584 child care home designated substitutes who work less than 40 585 hours per month on average must complete the department’s 6 586 clock-hour Family Child Care Home Rules and Regulations 587 training, as evidenced by successful completion of a competency 588 examination and first aid and infant and child cardiopulmonary 589 resuscitation training required under subparagraph (a)3. A 590 designated substitute who has successfully completed the 3 591 clock-hour Fundamentals of Child Care training established by 592 rules of the department or the 30-clock-hour training under 593 subparagraph (a)1. is not required to complete the 6-clock-hour 594 Family Child Care Home Rules and Regulations training. 595 (c) Operators of family child care homes must annually 596 complete an additional 1 continuing education unit of approved 597 training regarding child care and administrative skills or 10 598 clock hours of equivalent training, as determined by the 599 department. 600 (5)(7)Operators of family childdaycare homes mustshall601be requiredannuallytocomplete a health and safety home 602 inspection self-evaluation checklist developed by the department 603 in conjunction with the statewide resource and referral program. 604 The completed checklist shall be signed by the operator of the 605 family childdaycare home and provided to parents as 606 certification that basic health and safety standards are being 607 met. 608 (6)(8)Operators of family childdaycare homeshome609operatorsmay avail themselves of supportive services offered by 610 the department. 611 (7)(9)The department shall prepare a brochure on family 612 childdaycare for distribution by the department and by local 613 licensing agencies, if appropriate, to family childdaycare 614 homes for distribution to parents usingutilizingsuch child 615 care, and to all interested persons, including physicians and 616 other health professionals; mental health professionals; school 617 teachers or other school personnel; social workers or other 618 professional child care, foster care, residential, or 619 institutional workers; and law enforcement officers. The 620 brochure shall, at a minimum, contain the following information: 621 (a) A brief description of the requirements for family 622 childdaycare registration, training, and background 623fingerprinting andscreening. 624 (b) A listing of those counties that require licensure of 625 family childdaycare homes. Such counties shall provide an 626 addendum to the brochure that provides a brief description of 627 the licensure requirements or may provide a brochure in lieu of 628 the one described in this subsection, provided it contains all 629 the required information on licensure and the required 630 information in the subsequent paragraphs. 631 (c) A statement indicating that information about the 632 family childdaycare home’s compliance with applicable state or 633 local requirements can be obtained fromby telephoningthe 634 departmentofficeorthe office ofthe local licensing agency, 635 including the, if appropriate, at atelephone number or numbers 636 and website address for the department or local licensing 637 agency, as applicablewhich shall be affixed to the brochure. 638 (d) The statewide toll-free telephone number of the central 639 abuse hotline, together with a notice that reports of suspected 640 and actual child physical abuse, sexual abuse, and neglect are 641 received and referred for investigation by the hotline. 642 (e) Any other information relating to competent child care 643 that the department or local licensing agency, if preparing a 644 separate brochure, considersdeems would behelpful to parents 645 and other caretakers in their selection of a family childday646 care home. 647 (8)(10)On an annual basis, the department shall evaluate 648 the registration and licensure system for family childdaycare 649 homes. Such evaluation shall, at a minimum, address the 650 following: 651 (a) The number of family childdaycare homes registered 652 and licensed and the dates of such registration and licensure. 653 (b) The number of children being served in both registered 654 and licensed family childdaycare homes and any available slots 655 in such homes. 656 (c) The number of complaints received concerning family 657 childdaycare, the nature of the complaints, and the resolution 658 of such complaints. 659 (d) The training activities usedutilizedby child care 660 personnel in family childdaycare homes for meeting the state 661 or local training requirements. 662 663 The evaluation, pursuant to this subsection, shall be used 664utilizedby the department in any administrative modifications 665 or adjustments to be made in the registration of family child 666daycare homes or in any legislative requests for modifications 667 to the system of registration or to other requirements for 668 family childdaycare homes. 669(11) In order to inform the public of the state requirement670for registration of family day care homes as well as the other671requirements for such homes to legally operate in the state, the672department shall institute a media campaign to accomplish this673end. Such a campaign shall include, at a minimum, flyers,674newspaper advertisements, radio advertisements, and television675advertisements.676 (9)(12)Notwithstanding any other state or local law or 677 ordinance, any family childdaycare home licensed pursuant to 678 this chapter or pursuant to a county ordinance shall be charged 679 the utility rates accorded to a residential home. A licensed 680 family childdaycare home may not be charged commercial utility 681 rates. 682 (10)(13)The department shall, by rule, establish minimum 683 standards for family childdaycare homes that are required to 684 be licensed by county licensing ordinance or county licensing 685 resolution or that voluntarily choose to be licensed. The 686 standards should include requirements for staffing, training, 687 maintenance of immunization records, minimum health and safety 688 standards, reduced standards for the regulation of child care 689 during evening hours by municipalities and counties, and 690 enforcement of standards. Additionally, the department shall, by 691 rule, adopt procedures for verifying a registered family child 692 care home’s compliance with background screening and training 693 requirements. 694 (11)(14)During the months of August and September of each695year,Each family childdaycare home shall provide parents of 696 children enrollingenrolledin the home detailed information 697 regarding the causes, symptoms, and transmission of the 698 influenza virus in an effort to educate those parents regarding 699 the importance of immunizing their children against influenza as 700 recommended by the Advisory Committee on Immunization Practices 701 of the Centers for Disease Control and Prevention. 702 Section 11. Subsections (1), (3), (5), and (9) of section 703 402.3131, Florida Statutes, are amended, and subsection (10) is 704 added to that section, to read: 705 402.3131 Large family child care homes.— 706 (1) A large family child care home musthomes shallbe 707 licensed under this section and conspicuously display its 708 license in the common area of the home. 709 (3) Operators of large family child care homes must 710 successfully complete an approved 40-clock-hour introductory 711 course in group child care, including numeracy, early literacy, 712 and language development of children from birth to 5 years of 713 age, as evidenced by passage of a competency examination. 714 Successful completion of the 40-clock-hour introductory course 715 shall articulate into community college credit in early 716 childhood education, pursuant to ss. 1007.24 and 1007.25. 717 (5) Operators of large family child care homes shall be 718 required to complete 0.5 continuing education unit of approved 719 training or 5 clock hours of equivalent training, as determined 720 by the department, in numeracy, early literacy, and language 721 development of children from birth to 5 years of age one time. 722 The year that this training is completed, it shall fulfill the 723 0.5 continuing education unit or 5 clock hours of the annual 724 training required in subsection (4). 725 (9)During the months of August and September of each year,726 Each large family child care home shall provide parents of 727 children enrollingenrolledin the home detailed information 728 regarding the causes, symptoms, and transmission of the 729 influenza virus in an effort to educate those parents regarding 730 the importance of immunizing their children against influenza as 731 recommended by the Advisory Committee on Immunization Practices 732 of the Centers for Disease Control and Prevention. 733 (10) Notwithstanding any other state or local law or 734 ordinance, a large family child care home licensed pursuant to 735 this chapter or pursuant to a county ordinance shall be charged 736 the utility rates accorded to a residential home. Such a home 737 may not be charged commercial utility rates. 738 Section 12. Subsections (4), (5), and (6) are added to 739 section 402.316, Florida Statutes, to read: 740 402.316 Exemptions.— 741 (4) A child care facility operating under subsection (1) 742 which is applying to operate or is operating as a provider of a 743 program described in s. 1002.55, s. 1002.61, or s. 1002.88 must 744 substantially comply with the minimum standards for child care 745 facilities adopted pursuant to ss. 402.305-402.3057 and must 746 allow the department or local licensing agency access to monitor 747 and enforce compliance with such standards. 748 (a) The department or local licensing agency may pursue 749 administrative or judicial action under ss. 402.310-402.312 and 750 the rules adopted under those sections against any child care 751 facility operating under this subsection to enforce substantial 752 compliance with child care facility minimum standards or to 753 protect the health, safety, and well-being of any child in the 754 facility’s care. A child care facility operating under this 755 subsection is subject to ss. 402.310-402.312 and the rules 756 adopted under those sections to the same extent as a child care 757 facility licensed under ss. 402.301–402.319. 758 (b) It is a misdemeanor of the first degree, punishable as 759 provided in s. 775.082 or s. 775.083, for a person willfully, 760 knowingly, or intentionally to: 761 1. Fail, by false statement, misrepresentation, 762 impersonation, or other fraudulent means, to disclose in any 763 required written documentation for exclusion from licensure 764 pursuant to this section a material fact used in making a 765 determination as to such exclusion; or 766 2. Use information from the criminal records obtained under 767 s. 402.305 or s. 402.3055 for a purpose other than screening the 768 subject of those records for employment as specified in those 769 sections or to release such information to any other person for 770 a purpose other than screening for employment as specified in 771 those sections. 772 (c) It is a felony of the third degree, punishable as 773 provided in s. 775.082, s. 775.083, or s. 775.084, for a person 774 willfully, knowingly, or intentionally to use information from 775 the juvenile records of a person obtained under s. 402.305 or s. 776 402.3055 for a purpose other than screening for employment as 777 specified in those sections or to release information from such 778 records to any other person for a purpose other than screening 779 for employment as specified in those sections. 780 (5) The department shall establish a fee for inspection and 781 compliance activities performed pursuant to this section in an 782 amount sufficient to cover costs. However, the amount of such 783 fee for the inspection of a program may not exceed the fee 784 imposed for child care licensure pursuant to s. 402.315. 785 (6) The inclusion of a child care facility operating under 786 subsection (1) as a provider of a program described in s. 787 1002.55, s. 1002.61, or s. 1002.88 does not expand the 788 regulatory authority of the state, its officers, any local 789 licensing agency, or any early learning coalition to impose any 790 additional regulation of child care facilities beyond those 791 reasonably necessary to enforce requirements expressly included 792 in this section. 793 Section 13. Section 627.70161, Florida Statutes, is amended 794 to read: 795 627.70161 Residential property insurance coverage; family 796 childdaycare homes and large family child care homes 797insurance.— 798 (1) PURPOSE AND INTENT.—The Legislature recognizes that 799 family childdaycare homes and large family child care homes 800 fulfill a vital role in providing child care in Florida. It is 801 the intent of the Legislature that residential property 802 insurance coverage should not be canceled, denied, or nonrenewed 803 solely because childon the basis of the family daycare 804 services are provided at the residence. The Legislature also 805 recognizes that the potential liability of residential property 806 insurers is substantially increased by the rendition of child 807 care services on the premises. The Legislature therefore finds 808 that there is a public need to specify that contractual 809 liabilities associatedthat arise in connectionwith the 810 operation of athefamily childdaycare home or large family 811 child care home are excluded from residential property insurance 812 policies unless they are specifically included in such coverage. 813 (2) DEFINITIONS.—As used in this section, the term: 814 (a) “Child care” means the care, protection, and 815 supervision of a child, for a period of up toless than24 hours 816 a day on a regular basis, which supplements parental care, 817 enrichment, and health supervision for the child, in accordance 818 with his or her individual needs, and for which a payment, fee, 819 or grant is made for care. 820 (b) “Family childdaycare home” has the same meaning as 821 provided in s. 402.302means an occupied residence in which822child care is regularly provided for children from at least two823unrelated families and which receives a payment, fee, or grant824for any of the children receiving care, whether or not operated825for a profit. 826 (c) “Large family child care home” has the same meaning as 827 provided in s. 402.302. 828 (3) FAMILY CHILDDAYCARE; COVERAGE.—A residential property 829 insurance policy mayshallnot provide coverage for liability 830 for claims arising out of, or in connection with, the operation 831 of a family childdaycare home or large family child care home, 832 and the insurer shall be under no obligation to defend against 833 lawsuits covering such claims, unless: 834 (a) Specifically covered in a policy; or 835 (b) Covered by a rider or endorsement for business coverage 836 attached to a policy. 837 (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An 838 insurer may not deny, cancel, or refuse to renew a policy for 839 residential property insurance solely on the basis that the 840 policyholder or applicant operates a family childdaycare home 841 or a large family child care home. In addition to other lawful 842 reasons for refusing to insure, an insurer may deny, cancel, or 843 refuse to renew a policy of a family childdaycare home or 844 large family child care home provider if one or more of the 845 following conditions occur: 846 (a) The policyholder or applicant provides care for more 847 children than authorized for family childdaycare homes or 848 large family child care homes by s. 402.302; 849 (b) The policyholder or applicant fails to maintain a 850 separate commercial liability policy or an endorsement providing 851 liability coverage forthefamily childdaycare home or large 852 family child care home operations; 853 (c) The policyholder or applicant fails to comply with the 854 family childdaycare home licensure and registration 855 requirements specified in s. 402.313 or the large family child 856 care home licensure requirements specified in s. 402.3131; or 857 (d) Discovery of willful or grossly negligent acts or 858 omissions or any violations of state laws or regulations 859 establishing safety standards for family childdaycare homes 860 and large family child care homes by the named insured or his or 861 her representative which materially increase any of the risks 862 insured. 863 Section 14. Subsections (7), (8), and (9) are added to 864 section 1001.213, Florida Statutes, to read: 865 1001.213 Office of Early Learning.—There is created within 866 the Office of Independent Education and Parental Choice the 867 Office of Early Learning, as required under s. 20.15, which 868 shall be administered by an executive director. The office shall 869 be fully accountable to the Commissioner of Education but shall: 870 (7) Hire a general counsel who reports directly to the 871 executive director of the office. 872 (8) Hire an inspector general who reports directly to the 873 executive director of the office and to the Chief Inspector 874 General pursuant to s. 14.32. 875 (9) By July 1, 2017, develop and implement, in consultation 876 with early learning coalitions and providers of the Voluntary 877 Prekindergarten Education Program and the school readiness 878 program, best practices for providing parental notifications in 879 the parent’s native language to a parent whose native language 880 is a language other than English. 881 Section 15. Subsection (4) of section 1002.53, Florida 882 Statutes, is amended to read: 883 1002.53 Voluntary Prekindergarten Education Program; 884 eligibility and enrollment.— 885 (4)(a) Each parent enrolling a child in the Voluntary 886 Prekindergarten Education Program must complete and submit an 887 application to the early learning coalition through the single 888 point of entry established under s. 1002.82 or to a private 889 prekindergarten provider if the provider is authorized by the 890 early learning coalition to determine student eligibility for 891 enrollment in the program. 892 (b) The application must be submitted on forms prescribed 893 by the Office of Early Learning and must be accompanied by a 894 certified copy of the child’s birth certificate. The forms must 895 include a certification, in substantially the form provided in 896 s. 1002.71(6)(b)2., that the parent chooses the private 897 prekindergarten provider or public school in accordance with 898 this section and directs that payments for the program be made 899 to the provider or school. The Office of Early Learning may 900 authorize alternative methods for submitting proof of the 901 child’s age in lieu of a certified copy of the child’s birth 902 certificate. 903 (c) If a private prekindergarten provider has been 904 authorized to determine child eligibility and enrollment, upon 905 receipt of an application, the provider must: 906 1. Determine the child’s eligibility for the program and be 907 responsible for any errors in such determination. 908 2. Retain the original application and certified copy of 909 the child’s birth certificate or authorized alternative proof of 910 age on file for at least 5 years. 911 912 Pursuant to this paragraph, the early learning coalition may 913 audit applications held by a private prekindergarten provider in 914 the coalition’s service area to determine whether children 915 enrolled and reported for funding by the provider have met the 916 eligibility criteria in subsection (2). 917 (d)(c)Each early learning coalition shall coordinate with 918 each of the school districts within the coalition’s county or 919 multicounty region in the development of procedures for 920 enrolling children in prekindergarten programs delivered by 921 public schools, including procedures for making child 922 eligibility determinations and auditing enrollment records to 923 confirm that enrolled children have met eligibility 924 requirements. 925 Section 16. Section 1002.55, Florida Statutes, is amended 926 to read: 927 1002.55 School-year prekindergarten program delivered by 928 private prekindergarten providers.— 929 (1) Each early learning coalition shall administer the 930 Voluntary Prekindergarten Education Program at the county or 931 regional level for students enrolled under s. 1002.53(3)(a) in a 932 school-year prekindergarten program delivered by a private 933 prekindergarten provider. Each early learning coalition shall 934 cooperate with the Office of Early Learning and the Child Care 935 Services Program Office of the Department of Children and 936 Families to reduce paperwork and to avoid duplicating 937 interagency activities, health and safety monitoring, and 938 acquiring and composing data pertaining to child care training 939 and credentialing. 940 (2) Each school-year prekindergarten program delivered by a 941 private prekindergarten provider must comprise at least 540 942 instructional hours. 943 (3) To be eligible to deliver the prekindergarten program, 944 a private prekindergarten provider must meet each of the 945 following requirements: 946(a) The private prekindergarten provider must be a child947care facility licensed under s. 402.305, family day care home948licensed under s. 402.313, large family child care home licensed949under s. 402.3131, nonpublic school exempt from licensure under950s. 402.3025(2), or faith-based child care provider exempt from951licensure under s. 402.316.952 (a)(b)The private prekindergarten provider must: 953 1. Be accredited by an accrediting association that is a 954 member of the National Council for Private School Accreditation, 955 or the Florida Association of Academic Nonpublic Schools, or be 956 accredited by the Southern Association of Colleges and Schools, 957 or Western Association of Colleges and Schools, or North Central 958 Association of Colleges and Schools, or Middle States 959 Association of Colleges and Schools, or New England Association 960 of Colleges and Schools; and have written accreditation 961 standards that meet or exceed the state’s licensing requirements 962 under s. 402.305, s. 402.313, or s. 402.3131 and require at 963 least one onsite visit to the provider or school before 964 accreditation is granted; 965 2. Hold a current Gold Seal Quality Care designation under 966 s. 402.281;or967 3. Be licensed under s. 402.305, s. 402.313, or s. 968 402.3131; or 969 4. Be a child development center located on a military 970 installation that is certified by the United States Department 971 of Defense. 972 (b) The private prekindergarten provider must provide basic 973 health and safety on its premises and in its facilities. For a 974 public school, compliance with ss. 1003.22 and 1013.12 satisfies 975 this requirement. For a nonpublic school, compliance with s. 976 402.3025(2)(d) satisfies this requirement. For a child care 977 facility, a licensed family child care home, or a large family 978 child care home, compliance with s. 402.305, s. 402.313, or s. 979 402.3131, respectively, satisfies this requirement. For a 980 facility exempt from licensure, compliance with s. 402.316(4) 981 satisfies this requirementand demonstrate, before delivering982the Voluntary Prekindergarten Education Program, as verified by983the early learning coalition, that the provider meets each of984the requirements of the program under this part, including, but985not limited to, the requirements for credentials and background986screenings of prekindergarten instructors under paragraphs (c)987and (d), minimum and maximum class sizes under paragraph (f),988prekindergarten director credentials under paragraph (g), and a989developmentally appropriate curriculum under s. 1002.67(2)(b). 990 (c) The private prekindergarten provider must have, for 991 each prekindergarten class of 11 children or fewer, at least one 992 prekindergarten instructor who meets each of the following 993 requirements: 994 1. The prekindergarten instructor must hold, at a minimum, 995 one of the following credentials: 996 a. A child development associate credential issued by the 997 National Credentialing Program of the Council for Professional 998 Recognition;or999 b. A credential approved by the Department of Children and 1000 Families, pursuant to s. 402.305(3)(c), as being equivalent to 1001 or greater than the credential described in sub-subparagraph a.; 1002 c. An associate or higher degree in child development; 1003 d. An associate or higher degree in an unrelated field, at 1004 least 6 credit hours in early childhood education or child 1005 development, and at least 480 hours of experience in teaching or 1006 providing child care services for children of any age from birth 1007 through 8 years of age; 1008 e. A baccalaureate or higher degree in early childhood 1009 education, prekindergarten or primary education, preschool 1010 education, or family and consumer science; 1011 f. A baccalaureate or higher degree in family and child 1012 science and at least 480 hours of experience in teaching or 1013 providing child care services for children of any age from birth 1014 through 8 years of age; 1015 g. A baccalaureate or higher degree in elementary education 1016 if the prekindergarten instructor has been certified to teach 1017 children of any age from birth through grade 6, regardless of 1018 whether the instructor’s educator certificate is current, and if 1019 the instructor is not ineligible to teach in a public school 1020 because his or her educator certificate is suspended or revoked; 1021 or 1022 h. A credential approved by the department as being 1023 equivalent to or greater than a credential described in sub 1024 subparagraphs a.-f. The department may adopt criteria and 1025 procedures for approving such equivalent credentials. 1026 1027The Department of Children and Families may adopt rules under1028ss. 120.536(1) and 120.54 which provide criteria and procedures1029for approving equivalent credentials under sub-subparagraph b.1030 2. The prekindergarten instructor must successfully 1031 complete an emergent literacy training course and a student 1032 performance standards training course approved by the office as 1033 meeting or exceeding the minimum standards adopted under s. 1034 1002.59. The requirement for completion of the standards 1035 training course shall take effect July 1, 20162014, and the 1036 course shall be available online. 1037 (d) Each prekindergarten instructor employed by the private 1038 prekindergarten provider must be of good moral character, must 1039 undergo background screening pursuant to s. 402.305(2)(a)be1040screened using the level 2 screening standards in s. 435.041041 before employment, must beandrescreened at least once every 5 1042 years, must be denied employment or terminated if required under 1043 s. 435.06, and must not be ineligible to teach in a public 1044 school because his or her educator certificate is suspended or 1045 revoked. 1046 (e) A private prekindergarten provider may assign a 1047 substitute instructor to temporarily replace a credentialed 1048 instructor if the credentialed instructor assigned to a 1049 prekindergarten class is absent, as long as the substitute 1050 instructor meets the requirements of paragraph (d)is of good1051moral character and has been screened before employment in1052accordance with level 2 background screening requirements in1053chapter 435. The Office of Early Learning shall adopt rules to 1054 implement this paragraph which shall include required 1055 qualifications of substitute instructors and the circumstances 1056 and time limits for which a private prekindergarten provider may 1057 assign a substitute instructor. 1058 (f) Each of the private prekindergarten provider’s 1059 prekindergarten classes must be composed of at least 4 students 1060 but may not exceed 20 students. In order to protect the health 1061 and safety of students, each private prekindergarten provider 1062 must also provide appropriate adult supervision for students at 1063 all times and, for each prekindergarten class composed of 12 or 1064 more students, must have, in addition to a prekindergarten 1065 instructor who meets the requirements of paragraph (c), at least 1066 one adult prekindergarten instructor who is not required to meet 1067 those requirements but who must meet each requirement of s. 1068 402.305(2)paragraph (d). This paragraph does not supersede any 1069 requirement imposed on a provider under ss. 402.301-402.319. 1070 (g) The private prekindergarten provider must have a 1071 prekindergarten director who has a prekindergarten director 1072 credential that is approved by the office as meeting or 1073 exceeding the minimum standards adopted under s. 1002.57. 1074 Successful completion of a child care facility director 1075 credential under s. 402.305(2)(f) before the establishment of 1076 the prekindergarten director credential under s. 1002.57 or July 1077 1, 2006, whichever occurs later, satisfies the requirement for a 1078 prekindergarten director credential under this paragraph. 1079 (h) The private prekindergarten provider must register with 1080 the early learning coalition on forms prescribed by the Office 1081 of Early Learning. 1082 (i) The private prekindergarten provider must execute the 1083 statewide provider contract prescribed under s. 1002.75, except 1084 that an individual who owns or operates multiple private 1085 prekindergarten providers within a coalition’s service area may 1086 execute a single agreement with the coalition on behalf of each 1087 provider. 1088 (j) The private prekindergarten provider must maintain 1089 general liability insurance and provide the coalition with 1090 written evidence of general liability insurance coverage, 1091 including coverage for transportation of children if 1092 prekindergarten students are transported by the provider. A 1093 provider must obtain and retain an insurance policy that 1094 provides a minimum of $100,000 of coverage per occurrence and a 1095 minimum of $300,000 general aggregate coverage. The office may 1096 authorize lower limits upon request, as appropriate. A provider 1097 must add the coalition as a named certificateholderand as an1098additional insured. A provider must provide the coalition with a 1099 minimum of 10 calendar days’ advance written notice of 1100 cancellation of or changes to coverage. The general liability 1101 insurance required by this paragraph must remain in full force 1102 and effect for the entire period of the provider contract with 1103 the coalition. 1104 (k) The private prekindergarten provider must obtain and 1105 maintain any required workers’ compensation insurance under 1106 chapter 440 and any required reemployment assistance or 1107 unemployment compensation coverage under chapter 443, unless 1108 exempt under state or federal law. 1109 (l) Notwithstanding paragraph (j), for a private 1110 prekindergarten provider that is a state agency or a subdivision 1111 thereof, as defined in s. 768.28(2), the provider must agree to 1112 notify the coalition of any additional liability coverage 1113 maintained by the provider in addition to that otherwise 1114 established under s. 768.28. The provider shall indemnify the 1115 coalition to the extent permitted by s. 768.28. 1116 (m) The private prekindergarten provider shall be denied 1117 initial eligibility to offer the program if the provider has 1118 been cited for a Class I violation in the 12 months before 1119 seeking eligibility. An existing provider that is cited for a 1120 Class I violation may not have its eligibility renewed for 12 1121 months. This paragraph does not apply if the Department of 1122 Children and Families or local licensing agency upon final 1123 disposition of a Class I violation has rescinded its initial 1124 citation in accordance with the criteria for consideration 1125 outlined in s. 1002.75(1)(b). 1126 (n)(m)The private prekindergarten provider must deliver 1127 the Voluntary Prekindergarten Education Program in accordance 1128 with this part and have child disciplinary policies that 1129 prohibit children from being subjected to discipline that is 1130 severe, humiliating, frightening, or associated with food, rest, 1131 toileting, spanking, or any other form of physical punishment as 1132 provided in s. 402.305(12). 1133 (o) Beginning January 1, 2016, at least 50 percent of the 1134 instructors employed by a prekindergarten provider at each 1135 location, who are responsible for supervising children in care, 1136 must be trained in first aid and infant and child 1137 cardiopulmonary resuscitation, as evidenced by current 1138 documentation of course completion. As a condition of 1139 employment, instructors hired on or after January 1, 2016, must 1140 complete this training within 60 days after employment. 1141 (p) Beginning January 1, 2017, the private prekindergarten 1142 provider must employ child care personnel who hold a high school 1143 diploma or its equivalent and are at least 18 years of age, 1144 unless the personnel are not responsible for supervising 1145 children in care or are under direct supervision. 1146(4) A prekindergarten instructor, in lieu of the minimum1147credentials and courses required under paragraph (3)(c), may1148hold one of the following educational credentials:1149(a) A bachelor’s or higher degree in early childhood1150education, prekindergarten or primary education, preschool1151education, or family and consumer science;1152(b) A bachelor’s or higher degree in elementary education,1153if the prekindergarten instructor has been certified to teach1154children any age from birth through 6th grade, regardless of1155whether the instructor’s educator certificate is current, and if1156the instructor is not ineligible to teach in a public school1157because his or her educator certificate is suspended or revoked;1158(c) An associate’s or higher degree in child development;1159(d) An associate’s or higher degree in an unrelated field,1160at least 6 credit hours in early childhood education or child1161development, and at least 480 hours of experience in teaching or1162providing child care services for children any age from birth1163through 8 years of age; or1164(e) An educational credential approved by the department as1165being equivalent to or greater than an educational credential1166described in this subsection. The department may adopt criteria1167and procedures for approving equivalent educational credentials1168under this paragraph.1169(5) Notwithstanding paragraph (3)(b), a private1170prekindergarten provider may not participate in the Voluntary1171Prekindergarten Education Program if the provider has child1172disciplinary policies that do not prohibit children from being1173subjected to discipline that is severe, humiliating,1174frightening, or associated with food, rest, toileting, spanking,1175or any other form of physical punishment as provided in s.1176402.305(12).1177 Section 17. Subsection (1) of section 1002.59, Florida 1178 Statutes, is amended to read: 1179 1002.59 Emergent literacy and performance standards 1180 training courses.— 1181 (1) The office shall adopt minimum standards for one or 1182 more training courses in emergent literacy for prekindergarten 1183 instructors. Each course must comprise 5 clock hours and provide 1184 instruction in strategies and techniques to address the age 1185 appropriate progress of prekindergarten students in developing 1186 emergent literacy skills, including oral communication, 1187 knowledge of print and letters, phonemic and phonological 1188 awareness, and vocabulary and comprehension development. Each 1189 course must also provide resources containing strategies that 1190 allow students with disabilities and other special needs to 1191 derive maximum benefit from the Voluntary Prekindergarten 1192 Education Program. Successful completion of an emergent literacy 1193 training course approved under this section satisfies 1194 requirements for approved training in early literacy and 1195 language development under ss. 402.305(2)(d)5., 402.313(4)(a)2. 1196402.313(6), and 402.3131(5). 1197 Section 18. Subsections (4) through (7) of section 1002.61, 1198 Florida Statutes, are amended to read: 1199 1002.61 Summer prekindergarten program delivered by public 1200 schools and private prekindergarten providers.— 1201 (4)Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),1202 Each public school and private prekindergarten provider that 1203 delivers the summer prekindergarten program must have, for each 1204 prekindergarten class, at least one prekindergarten instructor 1205 who is a certified teacher or holds one of the educational 1206 credentials specified in s. 1002.55(3)(c)1.e.-h.s.12071002.55(4)(a) or (b).As used in this subsection, the term 1208 “certified teacher” means a teacher holding a valid Florida 1209 educator certificate under s. 1012.56 who has the qualifications 1210 required by the district school board to instruct students in 1211 the summer prekindergarten program. In selecting instructional 1212 staff for the summer prekindergarten program, each school 1213 district shall give priority to teachers who have experience or 1214 coursework in early childhood education. 1215 (5) Each prekindergarten instructor employed by apublic1216school orprivate prekindergarten provider delivering the summer 1217 prekindergarten program must be of good moral character, must 1218 undergo background screening pursuant to s. 402.305(2)(a)be1219screened using the level 2 screening standards in s. 435.041220 before employment, must beandrescreened at least once every 5 1221 years, and must be denied employment or terminated if required 1222 under s. 435.06. Each prekindergarten instructor employed by a 1223 public school delivering the summer prekindergarten program, and1224 must satisfy thenot be ineligible to teach in a public school1225because his or her educator certificate is suspended or revoked.1226This subsection does not supersedeemployment requirements for 1227 instructional personnel in public schools as provided in s. 1228 1012.32which are more stringent than the requirements of this1229subsection. 1230 (6) A public school or private prekindergarten provider may 1231 assign a substitute instructor to temporarily replace a 1232 credentialed instructor if the credentialed instructor assigned 1233 to a prekindergarten class is absent, as long as the substitute 1234 instructor meets the requirements of subsection (5)is of good1235moral character and has been screened before employment in1236accordance with level 2 background screening requirements in1237chapter 435.This subsection does not supersede employment1238requirements for instructional personnel in public schools which1239are more stringent than the requirements of this subsection.The 1240 Office of Early Learning shall adopt rules to implement this 1241 subsection which mustshallinclude required qualifications of 1242 substitute instructors and the circumstances and time limits for 1243 which a public school or private prekindergarten provider may 1244 assign a substitute instructor. 1245 (7) Notwithstanding ss. 1002.55(3)(e)ss.1002.55(3)(f)and 1246 1002.63(7), each prekindergarten class in the summer 1247 prekindergarten program, regardless of whether the class is a 1248 public school’s or private prekindergarten provider’s class, 1249 must be composed of at least 4 students but may not exceed 12 1250 studentsbeginning with the 2009 summer session. In order to 1251 protect the health and safety of students, each public school or 1252 private prekindergarten provider must also provide appropriate 1253 adult supervision for students at all times. This subsection 1254 does not supersede any requirement imposed on a provider under 1255 ss. 402.301-402.319. 1256 Section 19. Subsections (5) and (6) of section 1002.63, 1257 Florida Statutes, are amended to read: 1258 1002.63 School-year prekindergarten program delivered by 1259 public schools.— 1260 (5) Each prekindergarten instructor employed by a public 1261 school delivering the school-year prekindergarten program must 1262 satisfy thebe of good moral character, must be screened using1263the level 2 screening standards in s. 435.04 before employment1264and rescreened at least once every 5 years, must be denied1265employment or terminated if required under s. 435.06, and must1266not be ineligible to teach in a public school because his or her1267educator certificate is suspended or revoked. This subsection1268does not supersedeemployment requirements for instructional 1269 personnel in public schools as provided in s. 1012.32which are1270more stringent than the requirements of this subsection. 1271 (6) A public school prekindergarten provider may assign a 1272 substitute instructor to temporarily replace a credentialed 1273 instructor if the credentialed instructor assigned to a 1274 prekindergarten class is absent, as long as the substitute 1275 instructor meets the requirements of subsection (5)is of good1276moral character and has been screened before employment in1277accordance with level 2 background screening requirements in1278chapter 435. This subsection does not supersede employment1279requirements for instructional personnel in public schools which1280are more stringent than the requirements of this subsection. The 1281 Office of Early Learning shall adopt rules to implement this 1282 subsection which mustshallinclude required qualifications of 1283 substitute instructors and the circumstances and time limits for 1284 which a public school prekindergarten provider may assign a 1285 substitute instructor. 1286 Section 20. Paragraph (a) of subsection (6) of section 1287 1002.71, Florida Statutes, is amended to read: 1288 1002.71 Funding; financial and attendance reporting.— 1289 (6)(a) Each parent enrolling his or her child in the 1290 Voluntary Prekindergarten Education Program must agree to comply 1291 with the attendance policy of the private prekindergarten 1292 provider or district school board, as applicable. Upon 1293 enrollment of the child, the private prekindergarten provider or 1294 public school, as applicable, must provide the child’s parent 1295 with program information, including, but not limited to, child 1296 development, expectations for parent engagement, the daily 1297 schedule, and thea copy of the provider’s or school district’s1298 attendance policy, which must include procedures for contacting 1299 a parent on the second consecutive day a child is absent for 1300 which the reason is unknownas applicable. 1301 Section 21. Subsection (1) of section 1002.75, Florida 1302 Statutes, is amended to read: 1303 1002.75 Office of Early Learning; powers and duties.— 1304 (1) The Office of Early Learning shall adopt by rule a 1305 standard statewide provider contract to be used with each 1306 Voluntary Prekindergarten Education Program provider, with 1307 standardized attachments by provider type. The office shall 1308 publish a copy of the standard statewide provider contract on 1309 its website. The standard statewide contract mustshallinclude, 1310 at a minimum, provisions that: 1311 (a) Governforprovider probation, termination for cause, 1312 and emergency termination for those actions or inactions of a 1313 provider that pose an immediate and serious danger to the 1314 health, safety, or welfare of children. The standard statewide 1315 contract mustshallalso include appropriate due process 1316 procedures. During the pendency of an appeal of a termination, 1317 the provider may not continue to offer its services. 1318 (b) Require each private prekindergarten provider to notify 1319 the parent of each child in care if it is cited for a Class I 1320 violation as defined by rule of the Department of Children and 1321 Families. Notice shall be initiated only upon final disposition 1322 of a Class I violation. The provider shall notify the department 1323 within 24 hours of its intent to appeal the Class I violation 1324 issued, and final disposition shall occur within 15 calendar 1325 days. In determining the final disposition, the department shall 1326 consider the entire licensing history of the provider, whether 1327 the provider promptly reported the incident upon actual notice, 1328 and whether the employee responsible for the violation was 1329 terminated or the violation was corrected by the provider. If a 1330 provider does not file its intent to appeal the Class I 1331 violation, the provider must provide notice of a Class I 1332 violation electronically or in writing to the parent within 48 1333 hours after receipt of the Class I violation. Such notice shall 1334 describe each violation with specificity in simple language and 1335 include a copy of the citation and the contact information of 1336 the Department of Children and Families or local licensing 1337 agency where the parent may obtain additional information 1338 regarding the citation. Notice of a Class I violation by the 1339 provider must be provided electronically or in writing to the 1340 parent within 24 hours after receipt of the final disposition of 1341 the Class I violation. A private prekindergarten provider must 1342 conspicuously post each citation for a violation that results in 1343 disciplinary action on the premises in an area visible to 1344 parents pursuant to s. 402.3125(1)(b). Additionally, such a 1345 provider must post each inspection report on the premises in an 1346 area visible to parents, and such report must remain posted 1347 until the next inspection report is available. 1348 (c) Specify that child care personnel employed by the 1349 provider who are responsible for supervising children in care 1350 must be trained in developmentally appropriate practices aligned 1351 to the age and needs of children over which the personnel are 1352 assigned supervision duties. This requirement is met by the 1353 completion of developmentally appropriate practice courses 1354 administered by the Department of Children and Families under s. 1355 402.305(2)(d)1. within 30 days after being assigned such 1356 children if the child care personnel has not previously 1357 completed the training. 1358 1359 Any provision imposed upon a provider that is inconsistent with, 1360 or prohibited by, law is void and unenforceable. 1361 Section 22. Subsections (1), (3), and (5) of section 1362 1002.77, Florida Statutes, are amended to read: 1363 1002.77 Florida Early Learning Advisory Council.— 1364 (1) There is created the Florida Early Learning Advisory 1365 Council within the Office of Early Learning. The purpose of the 1366 advisory council is to provide written inputsubmit1367recommendationsto the executive directorofficeon early 1368 learning best practices, includingrecommendations relating to1369the mosteffective program administration;of the Voluntary1370Prekindergarten Education Program under this part and the school1371readiness program under part VI of this chapter. The advisory1372council shall periodically analyze and provide recommendations1373to the office on theeffective and efficient use of local, 1374 state, and federal funds;the content ofprofessional 1375 development training programs; andbest practices for the1376development and implementation ofcoalition plans pursuant to s. 1377 1002.85. 1378 (3) The advisory council shall meet at least quarterly upon 1379 the call of the executive directorbut may meet as often as1380necessary to carry out its duties and responsibilities. The 1381 executive director is encouraged toadvisory council mayuse 1382 communications media technologyany method of telecommunications1383 to conduct meetings in accordance with s. 120.54(5)(b),1384including establishing a quorum through telecommunications, only1385if the public is given proper notice of a telecommunications1386meeting and reasonable access to observe and, when appropriate,1387participate. 1388 (5) The Office of Early Learning shall provide staff and 1389 administrative support for the advisory council as determined by 1390 the executive director. 1391 Section 23. Paragraph (f) of subsection (1) and subsections 1392 (8) and (16) of section 1002.81, Florida Statutes, are amended 1393 to read: 1394 1002.81 Definitions.—Consistent with the requirements of 45 1395 C.F.R. parts 98 and 99 and as used in this part, the term: 1396 (1) “At-risk child” means: 1397 (f) A child in the custody of a parent who is considered 1398 homeless as verified by a designated lead agency on the homeless 1399 assistance continuum of care established under ss. 420.622 1400 420.624Department of Children and Families certified homeless1401shelter. 1402 (8) “Family income” means the combined gross income, 1403 whether earned or unearned, that is derived from any source by 1404 all family or household members who are 18 years of age or older 1405 who are currently residing together in the same dwelling unit. 1406 The term does not include: 1407 (a) Income earned by a currently enrolled high school 1408 student who, since attaining the age of 18 years, or a student 1409 with a disability who, since attaining the age of 22 years, has 1410 not terminated school enrollment or received a high school 1411 diploma, high school equivalency diploma, special diploma, or 1412 certificate of high school completion. 1413 (b) Income earned by a teen parent residing in the same 1414 residence as a separate family unit. 1415 (c) Selected items from the state’s Child Care and 1416 Development Fund Plan, such asThe term also does not include1417 food stamp benefits, documented child support and alimony 1418 payments paid out of the home, or federal housing assistance 1419 payments issued directly to a landlord or the associated 1420 utilities expenses. 1421 (16) “Working family” means: 1422 (a) A single-parent family in which the parent with whom 1423 the child resides is employed or engaged in eligible work or 1424 education activities for at least 20 hours per week or is exempt 1425 from work requirements due to age or disability, as determined 1426 and documented by a physician licensed under chapter 458 or 1427 chapter 459; 1428 (b) A two-parent family in which both parents with whom the 1429 child resides are employed or engaged in eligible work or 1430 education activities for a combined total of at least 40 hours 1431 per week;or1432 (c) A two-parent family in which one of the parents with 1433 whom the child resides is exempt from work requirements due to 1434 age or disability, as determined and documented by a physician 1435 licensed under chapter 458 or chapter 459, and one parent is 1436 employed or engaged in eligible work or education activities at 1437 least 20 hours per week; or 1438 (d) A two-parent family in which both of the parents with 1439 whom the child resides are exempt from work requirements due to 1440 age or disability, as determined and documented by a physician 1441 licensed under chapter 458 or chapter 459. 1442 Section 24. Paragraphs (b), (j), (m), and (p) of subsection 1443 (2) of section 1002.82, Florida Statutes, are amended to read: 1444 1002.82 Office of Early Learning; powers and duties.— 1445 (2) The office shall: 1446 (b) Preserve parental choice by permitting parents to 1447 choose from a variety of child care categories authorized in s. 1448 1002.88(1)(a), including center-based care, family child care,1449and informal child careto the extent authorized in the state’s 1450 Child Care and Development Fund Plan as approved by the United 1451 States Department of Health and Human Services pursuant to 45 1452 C.F.R. s. 98.18. Care and curriculum by a faith-based provider 1453 may not be limited or excluded in any of these categories. 1454 (j) Develop and adopt standards and benchmarks that address 1455 the age-appropriate progress of children in the development of 1456 school readiness skills. The standards for children from birth 1457 to 5 years of age in the school readiness program must be 1458 aligned with the performance standards adopted for children in 1459 the Voluntary Prekindergarten Education Program and must address 1460 the following domains: 1461 1. Approaches to learning. 1462 2. Cognitive development and general knowledge. 1463 3. Numeracy, language, and communication. 1464 4. Physical development. 1465 5. Self-regulation. 1466 1467 By July 1, 2016, the office shall develop and implement an 1468 online training course on the performance standards for school 1469 readiness program provider personnel specified in this 1470 paragraph. 1471 (m) Adopt by rule a standard statewide provider contract to 1472 be used with each school readiness program provider, with 1473 standardized attachments by provider type. The office shall 1474 publish a copy of the standard statewide provider contract on 1475 its website. The standard statewide contract mustshallinclude, 1476 at a minimum, provisions that: 1477 1. Governforprovider probation, termination for cause, 1478 and emergency termination for those actions or inactions of a 1479 provider that pose an immediate and serious danger to the 1480 health, safety, or welfare of the children. The standard 1481 statewide provider contract mustshallalso include appropriate 1482 due process procedures. During the pendency of an appeal of a 1483 termination, the provider may not continue to offer its 1484 services. 1485 2. Require each provider that is eligible to provide the 1486 program pursuant to s. 1002.88(1)(a) to notify the parent of 1487 each child in care if it is cited for a Class I violation as 1488 defined by rule of the Department of Children and Families. 1489 Notice shall be initiated only upon final disposition of a Class 1490 I violation. The provider shall notify the department within 24 1491 hours of its intent to appeal the Class I violation issued, and 1492 final disposition shall occur within 15 calendar days. In 1493 determining the final disposition, the department shall consider 1494 the entire licensing history of the provider, whether the 1495 provider promptly reported the incident upon actual notice, and 1496 whether the employee responsible for the violation was 1497 terminated or the violation was corrected by the provider. If a 1498 provider does not file its intent to appeal the Class I 1499 violation, the provider must provide notice of a Class I 1500 violation electronically or in writing to the parent within 48 1501 hours after receipt of the Class I violation. Such notice shall 1502 describe each violation with specificity in simple language and 1503 include a copy of the citation and the contact information of 1504 the Department of Children and Families or local licensing 1505 agency where the parent may obtain additional information 1506 regarding the citation. Notice of a Class I violation by the 1507 provider must be provided electronically or in writing to the 1508 parent within 24 hours after receipt of the final disposition of 1509 the Class I violation. A provider must conspicuously post each 1510 citation for a violation that results in disciplinary action on 1511 the premises in an area visible to parents pursuant to s. 1512 402.3125(1)(b). Additionally, such a provider must post each 1513 inspection report on the premises in an area visible to parents, 1514 and such report must remain posted until the next inspection 1515 report is available. 1516 3. Specify that child care personnel employed by the 1517 provider who are responsible for supervising children in care 1518 must be trained in developmentally appropriate practices aligned 1519 to the age and needs of children over which the personnel are 1520 assigned supervision duties. This requirement is met by 1521 completion of developmentally appropriate practice courses 1522 administered by the Department of Children and Families under s. 1523 402.305(2)(d)1. within 30 days after being assigned such 1524 children if the child care personnel has not previously 1525 completed the training. 1526 4. Require child care personnel who are employed by the 1527 provider to complete an online training course on the 1528 performance standards adopted pursuant to paragraph (j). 1529 1530 Any provision imposed upon a provider that is inconsistent with, 1531 or prohibited by, law is void and unenforceable. 1532 (p) Monitor and evaluate the performance of each early 1533 learning coalition in administering the school readiness program 1534 and the Voluntary Prekindergarten Education Program, ensuring 1535 proper payments for school readiness program and Voluntary 1536 Prekindergarten Education Program services, and implementing the 1537 coalition’s school readiness program plan, and administering the1538Voluntary Prekindergarten Education Program. These monitoring 1539 and performance evaluations must include, at a minimum, onsite 1540 monitoring of each coalition’s finances, management, operations, 1541 and programs. 1542 Section 25. Subsections (8) and (20) of section 1002.84, 1543 Florida Statutes, are amended to read: 1544 1002.84 Early learning coalitions; school readiness powers 1545 and duties.—Each early learning coalition shall: 1546 (8) Establish a parent sliding fee scale that requires a 1547 parent copayment to participate in the school readiness program. 1548 Providers are required to collect the parent’s copayment. A 1549 coalition may, on a case-by-case basis, waive the copayment for 1550 an at-risk child or temporarily waive the copayment for a child 1551 whose family’s income is at or below the federal poverty level 1552 and family experiences a natural disaster or an event that 1553 limits the parent’s ability to pay, such as incarceration, 1554 placement in residential treatment,or becoming homeless,or an 1555 emergency situation such as a household fire or burglary, or 1556 while the parent is participating in parenting classes. A parent 1557 may not transfer school readiness program services to another 1558 school readiness program provider until the parent has submitted 1559 documentation from the current school readiness program provider 1560 to the early learning coalition stating that the parent has 1561 satisfactorily fulfilled the copayment obligation. 1562 (20) To increase transparency and accountability, comply 1563 withthe requirements ofthis section before contracting with a 1564 member of the coalition, an employee of the coalition, or a 1565 relative, as defined in s. 112.3143(1)(c), of a coalition member 1566 or of an employee of the coalition. Such contracts may not be 1567 executed without the approval of the office. Such contracts, as 1568 well as documentation demonstrating adherence to this section by 1569 the coalition, must be approved by a two-thirds vote of the 1570 coalition, a quorum having been established; all conflicts of 1571 interest must be disclosed before the vote; and any member who 1572 may benefit from the contract, or whose relative may benefit 1573 from the contract, must abstain from the vote. A contract under 1574 $25,000 between an early learning coalition and a member of that 1575 coalition or between a relative, as defined in s. 1576 112.3143(1)(c), of a coalition member or of an employee of the 1577 coalition is not required to have the prior approval of the 1578 office but must be approved by a two-thirds vote of the 1579 coalition, a quorum having been established, and must be 1580 reported to the office within 30 days after approval. If a 1581 contract cannot be approved by the office, a review of the 1582 decision to disapprove the contract may be requested by the 1583 early learning coalition or other parties to the disapproved 1584 contract. 1585 Section 26. Paragraphs (c) and (h) of subsection (1) and 1586 subsections (6) through (8) of section 1002.87, Florida 1587 Statutes, are amended to read: 1588 1002.87 School readiness program; eligibility and 1589 enrollment.— 1590 (1) Effective August 1, 2013, or upon reevaluation of 1591 eligibility for children currently served, whichever is later, 1592 each early learning coalition shall give priority for 1593 participation in the school readiness program as follows: 1594 (c) Priority shall be given next to a child from birth to 1595 the beginning of the school year for which the child is eligible 1596 for admission to kindergarten in a public school under s. 1597 1003.21(1)(a)2. who is from a working family that is 1598 economically disadvantaged, and may include such child’s 1599 eligible siblings, beginning with the school year in which the 1600 sibling is eligible for admission to kindergarten in a public 1601 school under s. 1003.21(1)(a)2. until the beginning of the 1602 school year in which the sibling entersis eligible to begin6th 1603 grade, provided that the first priority for funding an eligible 1604 sibling is local revenues available to the coalition for funding 1605 direct services. However, a child eligible under this paragraph 1606 ceases to be eligible if his or her family income exceeds 200 1607 percent of the federal poverty level. 1608 (h) Priority shall be given next to a child whohas special1609needs,has been determined eligible as an infant or toddler from 1610 birth to 3 years of age with an individualized family support 1611 plan receiving early intervention services or toasa student 1612 with a disability with, hasa current individual education plan 1613 with a Florida school district, and is not younger than 3 years1614of age. Aspecial needschild eligible under this paragraph 1615 remains eligible until the child is eligible for admission to 1616 kindergarten in a public school under s. 1003.21(1)(a)2. 1617 (6) Eligibility for each child must be reevaluated 1618 annually. Upon reevaluation, a child may not continue to receive 1619 school readiness program services if he or she has ceased to be 1620 eligible under this section. If a child no longer meets 1621 eligibility or program requirements, the coalition must 1622 immediately notify the child’s parent and the provider that 1623 funding will end 2 weeks after the date on which the child was 1624 determined to be ineligible or when the current child care 1625 authorization expires, whichever occurs first. 1626 (7) If a coalition disenrolls children from the school 1627 readiness program due to lack of funding or a change in 1628 eligibility priorities, the coalition must disenroll the 1629 children in reverse order of the eligibility priorities listed 1630 in subsection (1) beginning with children from families with the 1631 highest family incomes. A notice of disenrollment must be sent 1632 to the parent and school readiness program provider at least 2 1633 weeks before disenrollment or the expiration of the current 1634 child care authorization, whichever occurs first, to provide 1635 adequate time for the parent to arrange alternative care for the 1636 child. However, an at-risk child receiving services from the 1637 Child Welfare Program Office of the Department of Children and 1638 Families may not be disenrolled from the program without the 1639 written approval of the Child Welfare Program Officeof the1640Department of Children and Familiesor the community-based lead 1641 agency. 1642 (8) If a child is absent from the program for 2 consecutive 1643 days without parental notification to the program of such 1644 absence, the school readiness program provider shall contact the 1645 parent and determine the cause for the absence and the expected 1646 date of return. If a child is absent from the program for 5 1647 consecutive days without parental notification to the program of 1648 such absence, the school readiness program provider shall report 1649 the absence to the early learning coalition for a determination 1650 of the need for continued care. 1651 Section 27. Paragraphs (a) through (c) and (l) through (q) 1652 of subsection (1) of section 1002.88, Florida Statutes, are 1653 amended, present subsections (2) and (3) are redesignated as 1654 subsections (4) and (5), respectively, present subsection (2) is 1655 amended, and new subsections (2) and (3) are added to that 1656 section, to read: 1657 1002.88 School readiness program provider standards; 1658 eligibility to deliver the school readiness program.— 1659 (1) To be eligible to deliver the school readiness program, 1660 a school readiness program provider must: 1661 (a)1. Be a nonpublic school in substantial compliance with 1662 s. 402.3025(2)(d), a child care facility licensed under s. 1663 402.305, a family childdaycare home licensedor registered1664 under s. 402.313, a large family child care home licensed under 1665 s. 402.3131, or a child care facility exempt from licensure 1666 operating under s. 402.316(4); 1667 2. Be an entity that is part of Florida’s education system 1668 identified in s. 1000.04(1);a public school or nonpublic school1669exempt from licensure under s. 402.3025, a faith-based child1670care provider exempt from licensure under s. 402.316, a before1671school or after-school program described in s. 402.305(1)(c),or 1672 3. Be an informal child care provider to the extent 1673 authorized in the state’s Child Care and Development Fund Plan 1674 as approved by the United States Department of Health and Human 1675 Services pursuant to 45 C.F.R. s. 98.18. 1676 (b) Provide instruction and activities to enhance the age 1677 appropriate progress of each child in attaining the child 1678 development standards adopted by the office pursuant to s. 1679 1002.82(2)(j). A provider should include activities to foster 1680 brain development in infants and toddlers; provide an 1681 environment that is rich in language and music and filled with 1682 objects of various colors, shapes, textures, and sizes to 1683 stimulate visual, tactile, auditory, and linguistic senses; and 1684 include 30 minutes of reading to children each day. A provider 1685 must provide parents information on child development, 1686 expectations for parent engagement, the daily schedule, and the 1687 attendance policy. 1688 (c) Provide basic health and safety of its premises and 1689 facilities in accordance with applicable licensing and 1690 inspection requirementsand compliance with requirements for1691age-appropriate immunizations of children enrolled in the school1692readiness program. For a child care facility, a large family 1693 child care home, or a licensed family childdaycare home, 1694 compliance with s. 402.305, s. 402.3131, or s. 402.313 satisfies 1695 this requirement. For a publicor nonpublicschool, compliance 1696 with ss.s. 402.3025 or s.1003.22 and 1013.12 satisfies this 1697 requirement. For a nonpublic school, compliance with s. 1698 402.3025(2)(d) satisfies this requirement. For a facility exempt 1699 from licensure, compliance with s. 402.316(4) satisfies this 1700 requirement. For an informal provider, substantial compliance as 1701 defined in s. 402.302(17) satisfies this requirement. A provider 1702 shall be denied initial eligibility to offer the program if the 1703 provider has been cited for a Class I violation in the 12 months 1704 before seeking eligibility. An existing provider that is cited 1705 for a Class I violation may not have its eligibility renewed for 1706 12 months. A provider that is cited for a Class I violation may 1707 remain eligible to deliver the program if the Department of 1708 Children and Families or local licensing agency upon final 1709 disposition of a Class I violation has rescinded its initial 1710 citation in accordance with the criteria for consideration 1711 outlined in s. 1002.82(2)(m)2A faith-based child care provider,1712an informal child care provider, or a nonpublic school, exempt1713from licensure under s. 402.316 or s. 402.3025, shall annually1714complete the health and safety checklist adopted by the office,1715post the checklist prominently on its premises in plain sight1716for visitors and parents, and submit it annually to its local1717early learning coalition. 1718 (l)For a provider that is not an informal provider,1719 Maintain general liability insurance and provide the coalition 1720 with written evidence of general liability insurance coverage, 1721 including coverage for transportation of children if school 1722 readiness program children are transported by the provider. A 1723 private provider must obtain and retain an insurance policy that 1724 provides a minimum of $100,000 of coverage per occurrence and a 1725 minimum of $300,000 general aggregate coverage. The office may 1726 authorize lower limits upon request, as appropriate. A provider 1727 must add the coalition as a named certificateholderand as an1728additional insured. A private provider must provide the 1729 coalition with a minimum of 10 calendar days’ advance written 1730 notice of cancellation of or changes to coverage. The general 1731 liability insurance required by this paragraph must remain in 1732 full force and effect for the entire period of the provider 1733 contract with the coalition. 1734(m) For a provider that is an informal provider, comply1735with the provisions of paragraph (l) or maintain homeowner’s1736liability insurance and, if applicable, a business rider. If an1737informal provider chooses to maintain a homeowner’s policy, the1738provider must obtain and retain a homeowner’s insurance policy1739that provides a minimum of $100,000 of coverage per occurrence1740and a minimum of $300,000 general aggregate coverage. The office1741may authorize lower limits upon request, as appropriate. An1742informal provider must add the coalition as a named1743certificateholder and as an additional insured. An informal1744provider must provide the coalition with a minimum of 101745calendar days’ advance written notice of cancellation of or1746changes to coverage. The general liability insurance required by1747this paragraph must remain in full force and effect for the1748entire period of the provider’s contract with the coalition.1749 (m)(n)Obtain and maintain any required workers’ 1750 compensation insurance under chapter 440 and any required 1751 reemployment assistance or unemployment compensation coverage 1752 under chapter 443, unless exempt under state or federal law. 1753 (n)(o)Notwithstanding paragraph (l), for a provider that 1754 is a state agency or a subdivision thereof, as defined in s. 1755 768.28(2), agree to notify the coalition of any additional 1756 liability coverage maintained by the provider in addition to 1757 that otherwise established under s. 768.28. The provider shall 1758 indemnify the coalition to the extent permitted by s. 768.28. 1759 (o)(p)Execute the standard statewide provider contract 1760 adopted by the office. 1761 (p)(q)Operate on a full-time and part-time basis and 1762 provide extended-day and extended-year services to the maximum 1763 extent possible without compromising the quality of the program 1764 to meet the needs of parents who work. 1765 (2) Beginning January 1, 2016, at least 50 percent of the 1766 child care personnel employed by a school readiness provider at 1767 each location, who are responsible for supervising children in 1768 care, must be trained in first aid and infant and child 1769 cardiopulmonary resuscitation, as evidenced by current 1770 documentation of course completion. As a condition of 1771 employment, personnel hired on or after January 1, 2016, must 1772 complete this training within 60 days after employment. 1773 (3) Beginning January 1, 2017, child care personnel 1774 employed by a school readiness program provider must hold a high 1775 school diploma or its equivalent and be at least 18 years of 1776 age, unless the personnel are not responsible for supervising 1777 children in care or are under direct supervision. 1778 (4)(2)If a school readiness program provider fails or 1779 refuses to comply with this part or any contractual obligation 1780 of the statewide provider contract under s. 1002.82(2)(m), the 1781 coalition may revoke the provider’s eligibility to deliver the 1782 school readiness program or receive state or federal funds under 1783 this chapter fora period of5 years. 1784 Section 28. Paragraph (b) of subsection (6) and subsection 1785 (7) of Section 1002.89, Florida Statutes, are amended to read: 1786 1002.89 School readiness program; funding.— 1787 (6) Costs shall be kept to the minimum necessary for the 1788 efficient and effective administration of the school readiness 1789 program with the highest priority of expenditure being direct 1790 services for eligible children. However, no more than 5 percent 1791 of the funds described in subsection (5) may be used for 1792 administrative costs and no more than 22 percent of the funds 1793 described in subsection (5) may be used in any fiscal year for 1794 any combination of administrative costs, quality activities, and 1795 nondirect services as follows: 1796 (b) Activities to improve the quality of child care as 1797 described in 45 C.F.R. s. 98.51, which mustshallbe limited to 1798 the following: 1799 1. Developing, establishing, expanding, operating, and 1800 coordinating resource and referral programs specifically related 1801 to the provision of comprehensive consumer education to parents 1802 and the public to promote informed child care choices specified 1803 in 45 C.F.R. s. 98.33regarding participation in the school1804readiness program and parental choice. 1805 2. Awarding grants and providing financial support to 1806 school readiness program providers and their staffs to assist 1807 them in meeting applicable state requirements for child care 1808 performance standards, implementing developmentally appropriate 1809 curricula and related classroom resources that support 1810 curricula, providing literacy supports, obtaining a license or 1811 accreditation, and providing professional development, including 1812 scholarships and other incentives. Any grants awarded pursuant 1813 to this subparagraph shall comply withthe requirements ofss. 1814 215.971 and 287.058. 1815 3. Providing training,andtechnical assistance, and 1816 financial support for school readiness program providers, staff, 1817 and parents on standards, child screenings, child assessments, 1818 developmentally appropriate curricula, character development, 1819 teacher-child interactions, age-appropriate discipline 1820 practices, health and safety, nutrition, first aid, 1821 cardiopulmonary resuscitation, the recognition of communicable 1822 diseases, and child abuse detection and prevention. 1823 4. Providing from among the funds provided for the 1824 activities described in subparagraphs 1.-3., adequate funding 1825 for infants and toddlers as necessary to meet federal 1826 requirements related to expenditures for quality activities for 1827 infant and toddler care. 1828 5. Improving the monitoring of compliance with, and 1829 enforcement of, applicable state and local requirements as 1830 described in and limited by 45 C.F.R. s. 98.40. 1831 6. Responding to Warm-Line requests by providers and 1832 parentsrelated to school readiness program children, including 1833 providing developmental and health screenings to school 1834 readiness program children. 1835 (7) Funds appropriated for the school readiness program may 1836 not be expended for the purchase or improvement of land; for the 1837 purchase, construction, or permanent improvement of any building 1838 or facility; or for the purchase of buses. However, funds may be 1839 expended for minor remodeling necessary for the administration 1840 of the program and upgrading of child care facilities to ensure 1841 that providers meet state and local child care standards, 1842 including applicable health and safety requirements. 1843 Section 29. Subsection (7) of section 1002.91, Florida 1844 Statutes, is amended to read: 1845 1002.91 Investigations of fraud or overpayment; penalties.— 1846 (7) The early learning coalition may not contract with a 1847 school readiness program provider,ora Voluntary 1848 Prekindergarten Education Program provider, or an individual who 1849 is on the United States Department of Agriculture National 1850 Disqualified List. In addition, the coalition may not contract 1851 with any provider that shares an officer or director with a 1852 provider that is on the United States Department of Agriculture 1853 National Disqualified List. 1854 Section 30. Paragraph (d) of subsection (3) of section 1855 1002.94, Florida Statutes, is amended to read: 1856 1002.94 Child Care Executive Partnership Program.— 1857 (3) 1858 (d) Each early learning coalition shall establish a 1859 community child care task forcefor each child care purchasing1860pool. The task force must be composed of employers, parents, 1861 private child care providers, and one representative from the 1862 local children’s services council, if one exists in the areaof1863the purchasing pool. The early learning coalition is expected to 1864 recruit the task force members from existing child care 1865 councils, commissions, or task forces already operating in the 1866 areaof a purchasing pool. A majority of the task force shall 1867 consist of employers. 1868 Section 31. Paragraph (a) of subsection (1) of section 1869 1003.21, Florida Statutes, is amended to read: 1870 1003.21 School attendance.— 1871 (1)(a)1. All children who have attained the age of 6 years 1872 or who will have attained the age of 6 years by February 1 of 1873 any school year or who are older than 6 years of age but who 1874 have not attained the age of 16 years, except as otherwise 1875 provided, are required to attend school regularly during the 1876 entire school term. 1877 2.a. Children who will have attained the age of 5 years on 1878 or before September 1 of the school year are eligible for 1879 admission to public kindergartens during that school year under 1880 rules adopted by the district school board. 1881 b. A district school board or charter school governing 1882 board may adopt a policy that allows a child who has attained 1883 the age of 4 years on or before September 1 of the school year 1884 to be eligible for admission to public kindergarten during that 1885 school year. The policy must include, but is not limited to, a 1886 requirement that the child complete and pass the following 1887 assessments: 1888 (I) The kindergarten readiness assessment pursuant to s. 1889 1002.69. The child must meet the minimum readiness rate adopted 1890 pursuant to s. 1002.69(6); and 1891 (II) A social assessment developed or selected by the 1892 school district or charter school. The child must meet the 1893 minimum readiness score identified in the district school 1894 board’s or charter school governing board’s policy. 1895 Section 32. The Office of Early Learning shall conduct a 2 1896 year pilot project to study the impact of assessing the early 1897 literacy skills of Voluntary Prekindergarten Education Program 1898 participants who are English Language Learners, in both English 1899 and Spanish. The assessments must include, at a minimum, the 1900 first administration of the Florida Assessments for Instruction 1901 in Reading in kindergarten and an appropriate alternative 1902 assessment in Spanish. The study must include a review of the 1903 kindergarten screening results for 2009-2010 and 2010-2011 1904 program participants and their subsequent Florida Comprehensive 1905 Assessment Test scores. The office shall report its findings to 1906 the Governor, the President of the Senate, and the Speaker of 1907 the House of Representatives by July 1, 2016, and July 1, 2017. 1908 Section 33. For the 2015-2016 fiscal year, the sums of 1909 $1,034,965 in recurring funds and $11,319 in nonrecurring funds 1910 from the General Revenue Fund, and $70,800 in recurring funds 1911 from the Operations and Maintenance Trust Fund are appropriated 1912 to the Department of Children and Families, and 18 full-time 1913 equivalent positions with associated salary rate of 608,446 are 1914 authorized, for the purpose of implementing the regulatory 1915 provisions of this act. 1916 Section 34. This act shall take effect July 1, 2015.