Bill Text: FL S0428 | 2010 | Regular Session | Introduced
Bill Title: Human Services Personnel [SPSC]
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2010-04-30 - Died in Committee on Children, Families, and Elder Affairs [S0428 Detail]
Download: Florida-2010-S0428-Introduced.html
Florida Senate - 2010 SB 428 By Senator Rich 34-00210A-10 2010428__ 1 A bill to be entitled 2 An act relating to human services personnel; providing 3 a short title; amending s. 402.305, F.S.; requiring 4 the owner or operator of a child care facility to 5 report background screening results to the Department 6 of Children and Family Services before employing a 7 person at the child care facility; prohibiting the 8 hiring of a person with a disqualifying offense 9 without being granted an exemption; prohibiting the 10 department from granting an exemption from 11 disqualification from employment to work with children 12 or the developmentally disabled under certain 13 circumstances; amending s. 402.40, F.S.; providing and 14 revising definitions; requiring child welfare services 15 staff to obtain child welfare certification; requiring 16 the Department of Children and Family Services to 17 designate a credentialing entity to administer the 18 certification process; requiring the department to 19 develop minimum trainer qualifications; amending s. 20 429.14, F.S., relating to administrative penalties; 21 prohibiting the Agency for Health Care Administration 22 from granting an exemption from disqualification from 23 employment in an assisted living facility under 24 certain circumstances; amending s. 429.174, F.S.; 25 requiring the owner or administrator of an assisted 26 living facility to report background screening results 27 to the agency before employing a person at the 28 assisted living facility; prohibiting the hiring of a 29 person with a disqualifying offense without being 30 granted an exemption; prohibiting the agency from 31 granting an exemption from disqualification from 32 employment under certain circumstances; amending s. 33 435.05, F.S.; revising employer reporting requirements 34 relating to background screening for applicants for 35 employment in a child care facility or an assisted 36 living facility; requiring the owner or administrator 37 of a child care facility or an assisted living 38 facility to report background screening results to the 39 licensing agency; prohibiting the hiring of a person 40 with a disqualifying offense without being granted an 41 exemption; prohibiting the agency from granting an 42 exemption from disqualification from employment under 43 certain circumstances; amending s. 435.07, F.S.; 44 increasing the waiting period for requesting an 45 exemption from disqualification for certain employees; 46 authorizing licensing agencies to retain employee 47 fingerprints under certain circumstances; requiring 48 licensing agencies to review exemptions from 49 disqualification periodically; providing conditions 50 for the revocation of an employee’s exemption from 51 disqualification; authorizing licensing agencies to 52 adopt rules relating to exemptions from 53 disqualification; amending ss. 402.30501, 411.01, 54 1002.55, 1002.57, and 1002.59, F.S.; conforming cross 55 references; reenacting s. 402.302(3), F.S., relating 56 to the definition of “child care personnel”; 57 reenacting s. 402.3055(2)(b), (d), and (g), F.S., 58 relating to child care personnel requirements; 59 reenacting s. 402.3057, F.S., relating to persons not 60 required to be refingerprinted or rescreened; 61 reenacting s. 402.308(3)(d) and (4)(d), F.S., relating 62 to issuance or renewal of a child care facility 63 license; reenacting s. 402.313(3), F.S., relating to 64 child care personnel in family day care homes; 65 reenacting s. 402.3131(2), F.S., relating to child 66 care personnel in large family child care homes; 67 reenacting s. 409.1757, F.S., relating to persons not 68 required to be refingerprinted or rescreened; 69 providing an effective date. 70 71 Be It Enacted by the Legislature of the State of Florida: 72 73 Section 1. This act may be cited as the “Protecting 74 Florida’s Most Vulnerable Citizens Act.” 75 Section 2. Subsection (2) of section 402.305, Florida 76 Statutes, is amended to read: 77 402.305 Licensing standards; child care facilities.— 78 (2) PERSONNEL.—Minimum standards for child care personnel 79 shall include minimum requirements as to: 80 (a) Good moral character based upon screening. 81 1. This screening shall be conducted as provided in chapter 82 435, using the level 2 standards for screening set forth in that 83 chapter. The owner or operator of a child care facility must 84 report the results of the screening to the department before a 85 person may be employed at the child care facility. If the 86 results of the screening show any disqualifying offense as set 87 forth in chapter 435, the owner or operator of a child care 88 facility may not hire that person until such time as an 89 exemption is applied for and granted by the licensing agency. 90 2.(b)The department may grant exemptions from 91 disqualification from working with children or the 92 developmentally disabled as provided in s. 435.07; however, the 93 department may not grant an exemption if the person has a record 94 of a felony or misdemeanor conviction for an offense of a 95 violent or sexual nature against a child or a vulnerable adult. 96 (b)(c)Minimum age requirements. Such minimum standards 97 shall prohibit a person under the age of 21 from being the 98 operator of a child care facility and a person under the age of 99 16 from being employed at such facility unless such person is 100 under direct supervision and is not counted for the purposes of 101 computing the personnel-to-child ratio. 102 (c)(d)Minimum training requirements for child care 103 personnel. 104 1. Such minimum standards for training shall ensure that 105 all child care personnel take an approved 40-clock-hour 106 introductory course in child care, which course covers at least 107 the following topic areas: 108 a. State and local rules and regulations which govern child 109 care. 110 b. Health, safety, and nutrition. 111 c. Identifying and reporting child abuse and neglect. 112 d. Child development, including typical and atypical 113 language, cognitive, motor, social, and self-help skills 114 development. 115 e. Observation of developmental behaviors, including using 116 a checklist or other similar observation tools and techniques to 117 determine the child’s developmental age level. 118 f. Specialized areas, including computer technology for 119 professional and classroom use and early literacy and language 120 development of children from birth to 5 years of age, as 121 determined by the department, for owner-operators and child care 122 personnel of a child care facility. 123 124 Within 90 days after employment, child care personnel shall 125 begin training to meet the training requirements. Child care 126 personnel shall successfully complete such training within 1 127 year after the date on which the training began, as evidenced by 128 passage of a competency examination. Successful completion of 129 the 40-clock-hour introductory course shall articulate into 130 community college credit in early childhood education, pursuant 131 to ss. 1007.24 and 1007.25. Exemption from all or a portion of 132 the required training shall be granted to child care personnel 133 based upon educational credentials or passage of competency 134 examinations. Child care personnel possessing a 2-year degree or 135 higher that includes 6 college credit hours in early childhood 136 development or child growth and development, or a child 137 development associate credential or an equivalent state-approved 138 child development associate credential, or a child development 139 associate waiver certificate shall be automatically exempted 140 from the training requirements in sub-subparagraphs b., d., and 141 e. 142 2. The introductory course in child care shall stress, to 143 the extent possible, an interdisciplinary approach to the study 144 of children. 145 3. The introductory course shall cover recognition and 146 prevention of shaken baby syndrome, prevention of sudden infant 147 death syndrome, and early childhood brain development within the 148 topic areas identified in this paragraph. 149 4. On an annual basis in order to further their child care 150 skills and, if appropriate, administrative skills, child care 151 personnel who have fulfilled the requirements for the child care 152 training shall be required to take an additional 1 continuing 153 education unit of approved inservice training, or 10 clock hours 154 of equivalent training, as determined by the department. 155 5. Child care personnel shall be required to complete 0.5 156 continuing education unit of approved training or 5 clock hours 157 of equivalent training, as determined by the department, in 158 early literacy and language development of children from birth 159 to 5 years of age one time. The year that this training is 160 completed, it shall fulfill the 0.5 continuing education unit or 161 5 clock hours of the annual training required in subparagraph 4. 162 6. Procedures for ensuring the training of qualified child 163 care professionals to provide training of child care personnel, 164 including onsite training, shall be included in the minimum 165 standards. It is recommended that the state community child care 166 coordination agencies (central agencies) be contracted by the 167 department to coordinate such training when possible. Other 168 district educational resources, such as community colleges and 169 career programs, can be designated in such areas where central 170 agencies may not exist or are determined not to have the 171 capability to meet the coordination requirements set forth by 172 the department. 173 7. Training requirements shall not apply to certain 174 occasional or part-time support staff, including, but not 175 limited to, swimming instructors, piano teachers, dance 176 instructors, and gymnastics instructors. 177 8. The department shall evaluate or contract for an 178 evaluation for the general purpose of determining the status of 179 and means to improve staff training requirements and testing 180 procedures. The evaluation shall be conducted every 2 years. The 181 evaluation shall include, but not be limited to, determining the 182 availability, quality, scope, and sources of current staff 183 training; determining the need for specialty training; and 184 determining ways to increase inservice training and ways to 185 increase the accessibility, quality, and cost-effectiveness of 186 current and proposed staff training. The evaluation methodology 187 shall include a reliable and valid survey of child care 188 personnel. 189 9. The child care operator shall be required to take basic 190 training in serving children with disabilities within 5 years 191 after employment, either as a part of the introductory training 192 or the annual 8 hours of inservice training. 193 (d)(e)Periodic health examinations. 194 (e)(f)By January 1, 2000, a credential for child care 195 facility directors. By January 1, 2004, the credential shall be 196 a required minimum standard for licensing. 197 Section 3. Section 402.40, Florida Statutes, is amended to 198 read: 199 402.40 Child welfare training and certification.— 200 (1) LEGISLATIVE INTENT.—In order toenable the state to201 provide a systematic approach to staff development and training 202 for persons providing child welfare services which meetsthat203will meetthe needs of such staff in thetheirdischarge of 204 their duties, it is the intent of the Legislature that the 205 Department of Children and Family Services establish, maintain, 206 and oversee the operation of child welfare training academies in 207 the state. The Legislature further intends thatthestaff 208 development and training programsthat are established willaid 209 in the reduction of poor staff morale andofstaff turnover, 210willpositively impactonthe quality of decisions made 211 regarding children and families who require assistance from 212 programs providing child welfare services, andwillafford a 213 better quality of care forofchildren who aremust beremoved 214 from their families. 215 (2) DEFINITIONS.—As used in this section, the term: 216 (a) “Child welfare certification” means a professional 217 credential awarded by the department, or by a credentialing 218 entity designated by the department, to individuals 219 demonstrating core competency in any child welfare services 220 practice area. 221 (b)(a)“Child welfare services” means any intake, 222 protective investigations,preprotective services,protective 223 services, foster care, shelter and group care, and adoption and 224 related services program, including supportive services, 225 supervision, and legal services, provided to children who are 226 alleged to have been abused, abandoned, or neglected, or who are 227 at risk of becoming, are alleged to be, or have been found 228 dependent pursuant to chapter 39. 229 (c) “Core competency” means having the knowledge, skills, 230 and abilities necessary to perform child welfare services. 231 (d)(b)“Person providing child welfare services” means a 232 person who hasaresponsibility for supervisory, legal, direct 233 care, or support-relatedsupport relatedwork in the provision 234 of child welfare services pursuant to chapter 39. 235 (3) CHILD WELFARE TRAINING PROGRAM.—The department shall 236 establish a child welfare training programfor trainingpursuant 237 tothe provisions ofthis section, and all persons providing 238 child welfare services in this state must demonstrate core 239 competency by earning and maintaining child welfare 240 certificationshall be required to participate in and241successfully complete the program of trainingpertinent to their 242 areas of responsibility. 243 (4) CHILD WELFARE TRAINING TRUST FUND.— 244 (a) There is created within the State Treasury a Child 245 Welfare Training Trust Fund to be used by the departmentof246Children and Family Servicesfor the purpose of funding a 247 comprehensive system of child welfare training, including the 248 securing of consultants to develop the system and the developing 249 of child welfare training academies forthat include the250participation ofpersons providing child welfare services. 251 (b) One dollar from every noncriminal traffic infraction 252 collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be 253 deposited into the Child Welfare Training Trust Fund. 254 (c) In addition to the funds generated by paragraph (b), 255 the trust fund shall receive funds generated from an additional 256 fee on birth certificates and dissolution of marriage filings, 257 as specified in ss. 382.0255 and 28.101, respectively, and may 258 receive funds from any other public or private source. 259 (d) Funds that are not expended by the end of the budget 260 cycle or through a supplemental budget approved by the 261 department shall revert to the trust fund. 262 (5) CORE COMPETENCIES.— 263 (a) The departmentof Children and Family Servicesshall 264 establish the core competencies for a single integrated 265 curriculum that ensures that each person delivering child 266 welfare services obtains the knowledge, skills, and abilities to 267 competently carry out his or her work responsibilities. TheThis268 curriculum may be a compilation of different development efforts 269 based on specific subsets of core competencies that are 270 integrated for a comprehensive curriculum required in the 271 provision of child welfare services in this state. 272 (b) The identification of these core competencies shall be 273 a collaborative effort byto includeprofessionals who havewith274 expertise in child welfare services and providers that will be 275 affected by the curriculum, includingto include, but notbe276 limited to, representatives from the community-based care lead 277 agencies, sheriffs’ offices conducting child protection 278 investigations, and child welfare legal services providers. 279 (c) Notwithstanding s. 287.057(5) and (22), the department 280 shall competitively solicit and contract for the development, 281 validation, and periodic evaluation of the training curricula 282 for the established single integrated curriculum. No more than 283 one training curriculum may be developed for each specific 284 subset of the core competencies. 285 (6) ADVANCED TRAINING.—The departmentof Children and286Family Servicesshall annually reviewexaminethe advanced 287 training that is needed by persons who deliver child welfare 288 services in the state. This review must considerexamination289shall addresswhether the current advanced trainingprovided290 should be continued andshallinclude the development of plans 291 for incorporating any revisions to the advanced training which 292 are determined necessary. The review mustThis examination shall293 be conducted in collaboration with professionals who havewith294 expertise in child welfare services and providers that will be 295 affected by the curriculum, includingto include, but notbe296 limited to, representatives from the community-based care lead 297 agencies, sheriffs’ offices conducting child protection 298 investigations, and child welfare legal services providers. 299 (7) CERTIFICATIONAND TRAINER QUALIFICATIONS.— 300 (a) The department shall designate a credentialing entity 301 to administer a statewide child welfare certification process 302 for child welfare services staff. 303 (b) The department shall, in collaboration with the 304 professionals and providers described in subsection (5) and the 305 designated credentialing entity, develop minimum standards for a 306 certification process that ensures that participants have 307 successfully attained the knowledge, skills, and abilities 308 necessary to competently carry out their work responsibilities 309and shall develop minimum standards for trainer qualifications310which must be required of training academies in the offering of311the training curricula. 312 (c) Any person providing child welfare services mustshall313be required tomaster the core competenciescomponents of the314curriculumthat are particular to that person’s work 315 responsibilities as demonstrated by obtaining child welfare 316 certification. 317 (8) ESTABLISHMENT OF TRAINING ACADEMIES AND TRAINER 318 QUALIFICATIONS.—The department shall establish child welfare 319 training academies and develop minimum trainer qualifications 320 for trainers at academies offering the curricula described in 321 subsection (5) as part of a comprehensive system of child 322 welfare training. In establishing aprogram oftraining program, 323 the department may contract for the operation of one or more 324 training academies to perform one or more of the following:to325 offer one or more of the training curricula developed under 326 subsection (5);to administer the certification process; to327 develop, validate, and periodically evaluate additional training 328 curricula determined to be necessary, including advanced 329 training that is specific to a region or contractor, or that 330 meets a particular training need; ortooffertheadditional 331 training curricula. The number, location, and timeframe for the 332 establishment of training academies shall be approved by the 333 Secretary of Children and Family Services, who shall ensure that 334 the goals for the core competencies and the single integrated 335 curriculum, the child welfare certification process, the trainer 336 qualifications, and the additional training needs are addressed. 337 Notwithstanding s. 287.057(5) and (22), the department shall 338 competitively solicit all training academy contracts. 339 (9) MODIFICATION OF CHILD WELFARE TRAINING.—The core 340 competencies determined pursuant to subsection (5), the minimum 341 standards for the child welfare certification process, and the 342 minimum standards for trainer qualifications established 343 pursuant to subsection (8)(7),must be submitted to the 344 appropriate substantive committees of the Senate and the House 345 of Representatives before competitively solicitingeitherthe 346 development, validation, or periodic evaluation of the training 347 curricula or the training academy contracts. 348 (10) ADOPTION OF RULES.—The departmentof Children and349Family Servicesshall adopt rules necessary to administercarry350out the provisions ofthis section. 351 Section 4. Paragraph (g) of subsection (1) of section 352 429.14, Florida Statutes, is amended to read: 353 429.14 Administrative penalties.— 354 (1) In addition to the requirements of part II of chapter 355 408, the agency may deny, revoke, and suspend any license issued 356 under this part and impose an administrative fine in the manner 357 provided in chapter 120 against a licensee of an assisted living 358 facility for a violation of any provision of this part, part II 359 of chapter 408, or applicable rules, or for any of the following 360 actions by a licensee of an assisted living facility, for the 361 actions of any person subject to level 2 background screening 362 under s. 408.809, or for the actions of any facility employee: 363 (g) A determination that an employee, volunteer, 364 administrator, or owner, or person who otherwise has access to 365 the residents of a facility does not meet the criteria specified 366 in s. 435.03(2), and the owner or administrator has not taken 367 action to remove the person. Exemptions from disqualification 368 may be granted as set forth in s. 435.07. However, the agency 369 may not grant an exemption if the person has a record of a 370 felony or misdemeanor conviction for an offense of a violent or 371 sexual nature against a child or a vulnerable adult. If the 372 results of the screening show any disqualifying offense as set 373 forth in chapter 435, the facility may not hire that person 374 until the person has applied for an exemption from 375 disqualification and has been granted an exemption by the 376 licensing agency. No administrative action may be taken against 377 the facility if the person is granted an exemption. 378 Section 5. Section 429.174, Florida Statutes, is amended to 379 read: 380 429.174 Background screening; exemptions.—The owner or 381 administrator of an assisted living facility must conduct level 382 1 background screening, as set forth in chapter 435, on all 383 employees hired on or after October 1, 1998, who perform 384 personal services as defined in s. 429.02(16). The owner or 385 administrator of an assisted living facility must report the 386 results of the screening to the licensing agency before a person 387 may be employed at the assisted living facility. If the results 388 of the screening show any disqualifying offense as set forth in 389 chapter 435, the facility may not hire that person until the 390 person has applied for an exemption from disqualification and 391 has been granted an exemption by the agency. The agency may 392 exempt a personan individualfrom employment disqualification 393 as set forth in chapter 435; however, the agency may not grant 394 an exemption if the person has a record of a felony or 395 misdemeanor conviction for an offense of a violent or sexual 396 nature against a child or a vulnerable adult. Except as 397 otherwise provided in this section, a personSuch personsshall 398 be considered as having met thethisrequirement for an 399 exemption if: 400 (1) Proof of compliance with level 1 screening requirements 401 obtained to meet any professional license requirements in this 402 state is provided and accompanied, under penalty of perjury, by 403 a copy of the person’s current professional license and an 404 affidavit of current compliance with the background screening 405 requirements. 406 (2) The person required to be screened has been 407 continuously employed in the same type of occupation for which 408 the person is seeking employment without a breach in service 409 which exceeds 180 days, and proof of compliance with the level 1 410 screening requirement which is no more than 2 years old is 411 provided. Proof of compliance shall be provided directly from 412 one employer or contractor to another, and not from the person 413 screened. Upon request, a copy of screening results shall be 414 provided by the employer retaining documentation of the 415 screening to the person screened. 416 (3) The person required to be screened is employed by a 417 corporation or business entity or related corporation or 418 business entity that owns, operates, or manages more than one 419 facility or agency licensed under this chapter, and for whom a 420 level 1 screening was conducted by the corporation or business 421 entity as a condition of initial or continued employment. 422 Section 6. Paragraphs (a) and (c) of subsection (1) and 423 subsection (3) of section 435.05, Florida Statutes, are amended 424 to read: 425 435.05 Requirements for covered employees.—Except as 426 otherwise provided by law, the following requirements shall 427 apply to covered employees: 428 (1)(a) Every person employed in a position for which 429 employment screening is required must, within 5 working days 430 after starting to work, submit to the employer a complete set of 431 information necessary to conduct a screening under this section. 432 The owner or administrator of a child care facility or an 433 assisted living facility must report the results of the 434 screening to the licensing agency before a person may be 435 employed at the facility. If the results of the screening show 436 any disqualifying offense as set forth in this chapter, the 437 facility may not hire that person until the person has applied 438 for an exemption from disqualification and has been granted an 439 exemption by the licensing agency. 440 (c) For level 2 screening, the employer or licensing agency 441 must submit the information necessary for screening to the 442 Florida Department of Law Enforcement within 5 working days 443 after receiving it. The Florida Department of Law Enforcement 444 will conduct a search of its criminal and juvenile records and 445 will request that the Federal Bureau of Investigation conduct a 446 search of its records for each employee for whom the request is 447 made. The Florida Department of Law Enforcement will respond to 448 the employer or licensing agency, and the employer or licensing 449 agency will inform the employee whether screening has revealed 450 disqualifying information. The owner or administrator of a child 451 care facility or an assisted living facility must report the 452 results of the screening to the agency before a person may be 453 employed at the facility. If the results of the screening show 454 any disqualifying offense as set forth in this chapter, the 455 facility may not hire that person until the person has applied 456 for an exemption from disqualification and has been granted an 457 exemption by the licensing agency. 458 (3) Each employer required to conduct level 2 background 459 screening must sign an affidavit annually or at the time of 460 license renewal, under penalty of perjury, stating that all 461 covered employees have been screened or are newly hired and are 462 awaiting the results of the required screening checks, except 463 that the employer must report the results of the screening to 464 the licensing agency before a person may be employed at a child 465 care facility or an assisted living facility. If the results of 466 the screening show any disqualifying offense as set forth in 467 this chapter, the facility may not hire that person until the 468 person has applied for an exemption from disqualification and 469 has been granted an exemption by the licensing agency. 470 Section 7. Section 435.07, Florida Statutes, is amended to 471 read: 472 435.07 Exemptions from disqualification.—Unless otherwise 473 provided by law, the provisions of this section shall apply to 474 exemptions from disqualification. 475 (1) For any employee otherwise disqualified from 476 employment, the appropriate licensing agency may grant, deny, or 477 revoke a general, limited, or conditionalto any employee478otherwise disqualified from employment anexemption from 479 disqualification for: 480 (a) Felonies committed more than 53years prior to the 481 date of disqualification for which the employee or applicant was 482 adjudicated and has completed the terms and conditions of the 483 sentence imposed; 484 (b) Misdemeanors prohibited under any of the Florida 485 Statutes cited in this chapter or under similar statutes of 486 other jurisdictions; 487 (c) Offenses that were felonies when committed but are now 488 misdemeanors; 489 (d) Findings of delinquency; or 490 (e) Commissions of acts of domestic violence as defined in 491 s. 741.30. 492 493 For the purposes of this subsection, the term “felonies” means 494 both felonies prohibited under any of the Florida Statutes cited 495 in this chapter or under similar statutes of other 496 jurisdictions. 497 (2) Persons employed by or who have applied for employment 498 with treatment providers who treat adolescents 13 years of age 499 and older who are disqualified from employment solely because of 500 crimes under s. 817.563, s. 893.13, or s. 893.147 may be 501 exempted from disqualification from employment pursuant to this 502 section without the 5-year3-yearwaiting period. 503 (3) In order for a licensing agencydepartmentto grant an 504 exemption to any employee, the employee must demonstrate by 505 clear and convincing evidence that the employee should not be 506 disqualified from employment. Employees seeking an exemption 507 have the burden of setting forth sufficient evidence of 508 rehabilitation, including, but not limited to, the circumstances 509 surrounding the criminal incident for which an exemption is 510 sought, the time period that has elapsed since the incident, the 511 nature of the harm caused to the victim, and the history of the 512 employee since the incident, or any other evidence or 513 circumstances indicating that the employee will not present a 514 danger if continued employment is allowed. A licensing agency 515 may not consider an application for an exemption from 516 disqualification for a person seeking employment at a child care 517 facility or an assisted living facility until 5 years after the 518 completion of the terms and conditions of a sentence imposed, 519 whether served during actual imprisonment, probation, or parole. 520 The decision of the licensing agencydepartmentregarding an 521 exemption may be contested through the hearing procedures set 522 forth in chapter 120. 523 (4) Disqualification from employment under subsection (1) 524 may not be removed from, nor may an exemption be granted to, any 525 personnel who is found guilty of, regardless of adjudication, or 526 who has entered a plea of nolo contendere or guilty to, any 527 felony covered by s. 435.03 solely by reason of any pardon, 528 executive clemency, or restoration of civil rights. 529 (5) Exemptions granted by one licensing agency shall be 530 considered by subsequent licensing agencies, but are not binding 531 on the subsequent licensing agency. 532 (6) A licensing agency may adopt rules for the imposition 533 of conditions upon and the review or revocation of individual 534 exemptions from disqualification. 535 (7) A licensing agency may retain fingerprints submitted by 536 criminal and noncriminal justice agencies to the agency for a 537 criminal history background screening as provided by rule. 538 (8) The licensing agency shall review an exemption from 539 disqualification granted under this section every 3 years, at a 540 minimum, after the date upon which the exemption was granted to 541 ensure that the rehabilitation is still effective and that there 542 have been no additional disqualifying offenses. 543 (9) The licensing agency shall immediately revoke an 544 employee’s exemption from disqualification upon a determination 545 that the employee committed an additional disqualifying offense. 546 (10) Any licensing agency that grants an exemption from 547 disqualification for employment may adopt rules necessary for 548 the implementation of this section. 549 Section 8. Section 402.30501, Florida Statutes, is amended 550 to read: 551 402.30501 Modification of introductory child care course 552 for community college credit authorized.—The Department of 553 Children and Family Services may modify the 40-clock-hour 554 introductory course in child care under s. 402.305 or s. 555 402.3131 to meet the requirements of articulating the course to 556 community college credit. Any modification must continue to 557 provide that the course satisfies the requirements of s. 558 402.305(2)(c)(d). 559 Section 9. Paragraph (d) of subsection (5) of section 560 411.01, Florida Statutes, is amended to read: 561 411.01 School readiness programs; early learning 562 coalitions.— 563 (5) CREATION OF EARLY LEARNING COALITIONS.— 564 (d) Implementation.— 565 1. An early learning coalition may not implement the school 566 readiness program until the coalition is authorized through 567 approval of the coalition’s school readiness plan by the Agency 568 for Workforce Innovation. 569 2. Each early learning coalition shall develop a plan for 570 implementing the school readiness program to meet the 571 requirements of this section and the performance standards and 572 outcome measures adopted by the Agency for Workforce Innovation. 573 The plan must demonstrate how the program will ensure that each 574 3-year-old and 4-year-old child in a publicly funded school 575 readiness program receives scheduled activities and instruction 576 designed to enhance the age-appropriate progress of the children 577 in attaining the performance standards adopted by the Agency for 578 Workforce Innovation under subparagraph (4)(d)8. Before 579 implementing the school readiness program, the early learning 580 coalition must submit the plan to the Agency for Workforce 581 Innovation for approval. The Agency for Workforce Innovation may 582 approve the plan, reject the plan, or approve the plan with 583 conditions. The Agency for Workforce Innovation shall review 584 school readiness plans at least annually. 585 3. If the Agency for Workforce Innovation determines during 586 the annual review of school readiness plans, or through 587 monitoring and performance evaluations conducted under paragraph 588 (4)(l), that an early learning coalition has not substantially 589 implemented its plan, has not substantially met the performance 590 standards and outcome measures adopted by the agency, or has not 591 effectively administered the school readiness program or 592 Voluntary Prekindergarten Education Program, the Agency for 593 Workforce Innovation may dissolve the coalition and temporarily 594 contract with a qualified entity to continue school readiness 595 and prekindergarten services in the coalition’s county or 596 multicounty region until the coalition is reestablished through 597 resubmission of a school readiness plan and approval by the 598 agency. 599 4. The Agency for Workforce Innovation shall adopt criteria 600 for the approval of school readiness plans. The criteria must be 601 consistent with the performance standards and outcome measures 602 adopted by the agency and must require each approved plan to 603 include the following minimum standards and provisions: 604 a. A sliding fee scale establishing a copayment for parents 605 based upon their ability to pay, which is the same for all 606 program providers, to be implemented and reflected in each 607 program’s budget. 608 b. A choice of settings and locations in licensed, 609 registered, religious-exempt, or school-based programs to be 610 provided to parents. 611 c. Instructional staff who have completed the training 612 course as required in s. 402.305(2)(c)(d)1., as well as staff 613 who have additional training or credentials as required by the 614 Agency for Workforce Innovation. The plan must provide a method 615 for assuring the qualifications of all personnel in all program 616 settings. 617 d. Specific eligibility priorities for children within the 618 early learning coalition’s county or multicounty region in 619 accordance with subsection (6). 620 e. Performance standards and outcome measures adopted by 621 the Agency for Workforce Innovation. 622 f. Payment rates adopted by the early learning coalition 623 and approved by the Agency for Workforce Innovation. Payment 624 rates may not have the effect of limiting parental choice or 625 creating standards or levels of services that have not been 626 authorized by the Legislature. 627 g. Systems support services, including a central agency, 628 child care resource and referral, eligibility determinations, 629 training of providers, and parent support and involvement. 630 h. Direct enhancement services to families and children. 631 System support and direct enhancement services shall be in 632 addition to payments for the placement of children in school 633 readiness programs. 634 i. The business organization of the early learning 635 coalition, which must include the coalition’s articles of 636 incorporation and bylaws if the coalition is organized as a 637 corporation. If the coalition is not organized as a corporation 638 or other business entity, the plan must include the contract 639 with a fiscal agent. An early learning coalition may contract 640 with other coalitions to achieve efficiency in multicounty 641 services, and these contracts may be part of the coalition’s 642 school readiness plan. 643 j. Strategies to meet the needs of unique populations, such 644 as migrant workers. 645 646 As part of the school readiness plan, the early learning 647 coalition may request the Governor to apply for a waiver to 648 allow the coalition to administer the Head Start Program to 649 accomplish the purposes of the school readiness program. If a 650 school readiness plan demonstrates that specific statutory goals 651 can be achieved more effectively by using procedures that 652 require modification of existing rules, policies, or procedures, 653 a request for a waiver to the Agency for Workforce Innovation 654 may be submitted as part of the plan. Upon review, the Agency 655 for Workforce Innovation may grant the proposed modification. 656 5. Persons with an early childhood teaching certificate may 657 provide support and supervision to other staff in the school 658 readiness program. 659 6. An early learning coalition may not implement its school 660 readiness plan until it submits the plan to and receives 661 approval from the Agency for Workforce Innovation. Once the plan 662 is approved, the plan and the services provided under the plan 663 shall be controlled by the early learning coalition. The plan 664 shall be reviewed and revised as necessary, but at least 665 biennially. An early learning coalition may not implement the 666 revisions until the coalition submits the revised plan to and 667 receives approval from the Agency for Workforce Innovation. If 668 the Agency for Workforce Innovation rejects a revised plan, the 669 coalition must continue to operate under its prior approved 670 plan. 671 7. Sections 125.901(2)(a)3., 411.221, and 411.232 do not 672 apply to an early learning coalition with an approved school 673 readiness plan. To facilitate innovative practices and to allow 674 the regional establishment of school readiness programs, an 675 early learning coalition may apply to the Governor and Cabinet 676 for a waiver of, and the Governor and Cabinet may waive, any of 677 the provisions of ss. 411.223, 411.232, and 1003.54, if the 678 waiver is necessary for implementation of the coalition’s school 679 readiness plan. 680 8. Two or more counties may join for purposes of planning 681 and implementing a school readiness program. 682 9. An early learning coalition may, subject to approval by 683 the Agency for Workforce Innovation as part of the coalition’s 684 school readiness plan, receive subsidized child care funds for 685 all children eligible for any federal subsidized child care 686 program. 687 10. An early learning coalition may enter into multiparty 688 contracts with multicounty service providers in order to meet 689 the needs of unique populations such as migrant workers. 690 Section 10. Paragraphs (c) and (g) of subsection (3) of 691 section 1002.55, Florida Statutes, are amended to read: 692 1002.55 School-year prekindergarten program delivered by 693 private prekindergarten providers.— 694 (3) To be eligible to deliver the prekindergarten program, 695 a private prekindergarten provider must meet each of the 696 following requirements: 697 (c) The private prekindergarten provider must have, for 698 each prekindergarten class, at least one prekindergarten 699 instructor who meets each of the following requirements: 700 1. The prekindergarten instructor must hold, at a minimum, 701 one of the following credentials: 702 a. A child development associate credential issued by the 703 National Credentialing Program of the Council for Professional 704 Recognition; or 705 b. A credential approved by the Department of Children and 706 Family Services as being equivalent to or greater than the 707 credential described in sub-subparagraph a. 708 709 The Department of Children and Family Services may adopt rules 710 under ss. 120.536(1) and 120.54 which provide criteria and 711 procedures for approving equivalent credentials under sub 712 subparagraph b. 713 2. The prekindergarten instructor must successfully 714 complete an emergent literacy training course approved by the 715 department as meeting or exceeding the minimum standards adopted 716 under s. 1002.59. This subparagraph does not apply to a 717 prekindergarten instructor who successfully completes approved 718 training in early literacy and language development under s. 719 402.305(2)(c)(d)5., s. 402.313(6), or s. 402.3131(5) before the 720 establishment of one or more emergent literacy training courses 721 under s. 1002.59 or April 1, 2005, whichever occurs later. 722 (g) Before the beginning of the 2006-2007 school year, the 723 private prekindergarten provider must have a prekindergarten 724 director who has a prekindergarten director credential that is 725 approved by the department as meeting or exceeding the minimum 726 standards adopted under s. 1002.57. Successful completion of a 727 child care facility director credential under s. 728 402.305(2)(e)(f)before the establishment of the prekindergarten 729 director credential under s. 1002.57 or July 1, 2006, whichever 730 occurs later, satisfies the requirement for a prekindergarten 731 director credential under this paragraph. 732 Section 11. Subsections (3) and (4) of section 1002.57, 733 Florida Statutes, are amended to read: 734 1002.57 Prekindergarten director credential.— 735 (3) The prekindergarten director credential must meet or 736 exceed the requirements of the Department of Children and Family 737 Services for the child care facility director credential under 738 s. 402.305(2)(e)(f), and successful completion of the 739 prekindergarten director credential satisfies these requirements 740 for the child care facility director credential. 741 (4) The department shall, to the maximum extent 742 practicable, award credit to a person who successfully completes 743 the child care facility director credential under s. 744 402.305(2)(e)(f)for those requirements of the prekindergarten 745 director credential which are duplicative of requirements for 746 the child care facility director credential. 747 Section 12. Section 1002.59, Florida Statutes, is amended 748 to read: 749 1002.59 Emergent literacy training courses.—By April 1, 750 2005, the department shall adopt minimum standards for one or 751 more training courses in emergent literacy for prekindergarten 752 instructors. Each course must comprise 5 clock hours and provide 753 instruction in strategies and techniques to address the age 754 appropriate progress of prekindergarten students in developing 755 emergent literacy skills, including oral communication, 756 knowledge of print and letters, phonemic and phonological 757 awareness, and vocabulary and comprehension development. Each 758 course must also provide resources containing strategies that 759 allow students with disabilities and other special needs to 760 derive maximum benefit from the Voluntary Prekindergarten 761 Education Program. Successful completion of an emergent literacy 762 training course approved under this section satisfies 763 requirements for approved training in early literacy and 764 language development under ss. 402.305(2)(c)(d)5., 402.313(6), 765 and 402.3131(5). 766 Section 13. For the purpose of incorporating the amendment 767 made by this act to section 402.305, Florida Statutes, in a 768 reference thereto, subsection (3) of section 402.302, Florida 769 Statutes, is reenacted to read: 770 402.302 Definitions.— 771 (3) “Child care personnel” means all owners, operators, 772 employees, and volunteers working in a child care facility. The 773 term does not include persons who work in a child care facility 774 after hours when children are not present or parents of children 775 in Head Start. For purposes of screening, the term includes any 776 member, over the age of 12 years, of a child care facility 777 operator’s family, or person, over the age of 12 years, residing 778 with a child care facility operator if the child care facility 779 is located in or adjacent to the home of the operator or if the 780 family member of, or person residing with, the child care 781 facility operator has any direct contact with the children in 782 the facility during its hours of operation. Members of the 783 operator’s family or persons residing with the operator who are 784 between the ages of 12 years and 18 years shall not be required 785 to be fingerprinted but shall be screened for delinquency 786 records. For purposes of screening, the term shall also include 787 persons who work in child care programs which provide care for 788 children 15 hours or more each week in public or nonpublic 789 schools, summer day camps, family day care homes, or those 790 programs otherwise exempted under s. 402.316. The term does not 791 include public or nonpublic school personnel who are providing 792 care during regular school hours, or after hours for activities 793 related to a school’s program for grades kindergarten through 794 12. A volunteer who assists on an intermittent basis for less 795 than 40 hours per month is not included in the term “personnel” 796 for the purposes of screening and training, provided that the 797 volunteer is under direct and constant supervision by persons 798 who meet the personnel requirements of s. 402.305(2). Students 799 who observe and participate in a child care facility as a part 800 of their required coursework shall not be considered child care 801 personnel, provided such observation and participation are on an 802 intermittent basis and the students are under direct and 803 constant supervision of child care personnel. 804 Section 14. For the purpose of incorporating the amendment 805 made by this act to section 402.305, Florida Statutes, in 806 references thereto, paragraphs (b), (d), and (g) of subsection 807 (2) of section 402.3055, Florida Statutes, are reenacted to 808 read: 809 402.3055 Child care personnel requirements.— 810 (2) EXCLUSION FROM OWNING, OPERATING, OR BEING EMPLOYED BY 811 A CHILD CARE FACILITY OR OTHER CHILD CARE PROGRAM; HEARINGS 812 PROVIDED.— 813 (b) When the department or the local licensing agency has 814 reasonable cause to believe that grounds for denial or 815 termination of employment exist, it shall notify, in writing, 816 the applicant, licensee, or other child care program and the 817 child care personnel affected, stating the specific record which 818 indicates noncompliance with the standards in s. 402.305(2). 819 (d) When a local licensing agency is the agency initiating 820 the statement regarding noncompliance of an employee with the 821 standards contained in s. 402.305(2), the employee, applicant, 822 licensee, or other child care program has 15 days from the time 823 of written notification of the agency’s finding to make a 824 written request for a hearing. If a request for a hearing is not 825 received in that time, the permanent employee, applicant, 826 licensee, or other child care program is presumed to accept the 827 finding. 828 (g) Refusal on the part of an applicant or licensee to 829 dismiss child care personnel who have been found to be in 830 noncompliance with personnel standards of s. 402.305(2) shall 831 result in automatic denial or revocation of the license in 832 addition to any other remedies pursued by the department or 833 local licensing agency. 834 Section 15. For the purpose of incorporating the amendment 835 made by this act to section 402.305, Florida Statutes, in a 836 reference thereto, section 402.3057, Florida Statutes, is 837 reenacted to read: 838 402.3057 Persons not required to be refingerprinted or 839 rescreened.—Any provision of law to the contrary 840 notwithstanding, human resource personnel who have been 841 fingerprinted or screened pursuant to chapters 393, 394, 397, 842 402, and 409, and teachers and noninstructional personnel who 843 have been fingerprinted pursuant to chapter 1012, who have not 844 been unemployed for more than 90 days thereafter, and who under 845 the penalty of perjury attest to the completion of such 846 fingerprinting or screening and to compliance with the 847 provisions of this section and the standards for good moral 848 character as contained in such provisions as ss. 110.1127(3), 849 393.0655(1), 394.457(6), 397.451, 402.305(2), and 409.175(6), 850 shall not be required to be refingerprinted or rescreened in 851 order to comply with any caretaker screening or fingerprinting 852 requirements. 853 Section 16. For the purpose of incorporating the amendment 854 made by this act to section 402.305, Florida Statutes, in 855 references thereto, paragraph (d) of subsection (3) and 856 paragraph (d) of subsection (4) of section 402.308, Florida 857 Statutes, are reenacted to read: 858 402.308 Issuance of license.— 859 (3) STATE ADMINISTRATION OF LICENSING.—In any county in 860 which the department has the authority to issue licenses, the 861 following procedures shall be applied: 862 (d) The department shall issue or renew a license upon 863 receipt of the license fee and upon being satisfied that all 864 standards required by ss. 402.301-402.319 have been met. A 865 license may be issued if all the screening materials have been 866 timely submitted; however, a license may not be issued or 867 renewed if any of the child care personnel at the applicant 868 facility have failed the screening required by ss. 402.305(2) 869 and 402.3055. 870 (4) LOCAL ADMINISTRATION OF LICENSING.—In any county in 871 which there is a local licensing agency approved by the 872 department, the following procedures shall apply: 873 (d) The local licensing agency shall issue a license or 874 renew a license upon being satisfied that all standards required 875 by ss. 402.301-402.319 have been met. A license may be issued or 876 renewed if all the screening materials have been timely 877 submitted; however, the local licensing agency shall not issue 878 or renew a license if any of the child care personnel at the 879 applicant facility have failed the screening required by ss. 880 402.305(2) and 402.3055. 881 Section 17. For the purpose of incorporating the amendment 882 made by this act to section 402.305, Florida Statutes, in a 883 reference thereto, subsection (3) of section 402.313, Florida 884 Statutes, is reenacted to read: 885 402.313 Family day care homes.— 886 (3) Child care personnel in family day care homes shall be 887 subject to the applicable screening provisions contained in ss. 888 402.305(2) and 402.3055. For purposes of screening in family day 889 care homes, the term includes any member over the age of 12 890 years of a family day care home operator’s family, or persons 891 over the age of 12 years residing with the operator in the 892 family day care home. Members of the operator’s family, or 893 persons residing with the operator, who are between the ages of 894 12 years and 18 years shall not be required to be fingerprinted, 895 but shall be screened for delinquency records. 896 Section 18. For the purpose of incorporating the amendment 897 made by this act to section 402.305, Florida Statutes, in a 898 reference thereto, subsection (2) of section 402.3131, Florida 899 Statutes, is reenacted to read: 900 402.3131 Large family child care homes.— 901 (2) Child care personnel in large family child care homes 902 shall be subject to the applicable screening provisions 903 contained in ss. 402.305(2) and 402.3055. For purposes of 904 screening child care personnel in large family child care homes, 905 the term “child care personnel” includes any member of a large 906 family child care home operator’s family 12 years of age or 907 older, or any person 12 years of age or older residing with the 908 operator in the large family child care home. Members of the 909 operator’s family, or persons residing with the operator, who 910 are between the ages of 12 years and 18 years, inclusive, shall 911 not be required to be fingerprinted, but shall be screened for 912 delinquency records. 913 Section 19. For the purpose of incorporating the amendment 914 made by this act to section 402.305, Florida Statutes, in a 915 reference thereto, section 409.1757, Florida Statutes, is 916 reenacted to read: 917 409.1757 Persons not required to be refingerprinted or 918 rescreened.—Any provision of law to the contrary 919 notwithstanding, human resource personnel who have been 920 fingerprinted or screened pursuant to chapters 393, 394, 397, 921 402, and this chapter, and teachers who have been fingerprinted 922 pursuant to chapter 1012, who have not been unemployed for more 923 than 90 days thereafter, and who under the penalty of perjury 924 attest to the completion of such fingerprinting or screening and 925 to compliance with the provisions of this section and the 926 standards for good moral character as contained in such 927 provisions as ss. 110.1127(3), 393.0655(1), 394.457(6), 397.451, 928 402.305(2), and 409.175(6), shall not be required to be 929 refingerprinted or rescreened in order to comply with any 930 caretaker screening or fingerprinting requirements. 931 Section 20. This act shall take effect July 1, 2010.
