Florida 2022 2022 Regular Session

Florida House Bill H1199 Comm Sub / Bill

Filed 02/03/2022

                       
 
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A bill to be entitled 1 
An act relating to funding for the school readiness 2 
program; amending s. 1002.89, F.S.; providing for the 3 
determination of school readiness program funding for 4 
each early learning coalition; providing requirements 5 
for such funding calculations; creating s. 1002.90, 6 
F.S.; requiring the principals of the Early Learning 7 
Programs Estimating Conference to annually develop 8 
official cost-of-care information; providing 9 
requirements for conference principals; requiring the 10 
Division of Early Learning to provide conference 11 
principals with specified data; requiring the 12 
conference to annually provide the official cost -of-13 
care information to the Legislature by a specified 14 
date; amending ss. 1002.81 and 1002.82, F.S.; 15 
conforming cross-references to changes made by the 16 
act; providing an effective date. 17 
 18 
Be It Enacted by the Legislature of the State of Florida: 19 
 20 
 Section 1.  Section 1002.89, Florida Statutes, is amended 21 
to read: 22 
 1002.89  School readiness program; funding. — 23 
 (1)  DETERMINATION OF EARLY LEARNING COALITION FUNDING FOR 24 
THE SCHOOL READINESS PROGRAM. —If the annual allocation for the 25     
 
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school readiness program to each early learning coalition is not 26 
determined in the annual appropriations act or the substantive 27 
bill implementing the annual appropriations act, it shall be 28 
determined as follows: 29 
 (a)  Computation of the basic amount to be included for 30 
operation.—The following procedures shall be used in determining 31 
the annual allocation to each early learning coalition for 32 
operation of the school readiness program:  33 
 1.  Determination of full -time equivalent population .—The 34 
department shall annually request from the Office of Economic 35 
and Demographic Research the number o f families by each county 36 
who have children ages birth to 5 years old whose family income 37 
is below 200 percent of the federal poverty level or 85 percent 38 
of the state median family income, whichever is available. This 39 
data shall be used by the Early Learni ng Programs Estimating 40 
Conference pursuant to s. 216.136. 41 
 2.  Determination of care level costs .—Annual cost factors 42 
based on the relative cost differences between the following 43 
basic care levels shall be established in the General 44 
Appropriations Act usin g data submitted from the department 45 
under s. 1002.90: 46 
 a.  Infant care. 47 
 b.  Toddler care. 48 
 c.  Two-year-old care. 49 
 d.  Three-year-old care. 50     
 
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 e.  Four-year-old care. 51 
 f.  Five-year-old care. 52 
 g.  School-age care. 53 
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For Pinellas County, the care level cost for an infant shall be 55 
based on the infant care level cost of 1.33, the care level cost 56 
for a toddler shall be based on the toddler care level cost of 57 
1.20, and the care level cost for a 2 year old shall be based on 58 
the 2-year-old care level cost of 1.10. Any county that passes a 59 
local ordinance after January 1, 2022, that limits its child 60 
care teacher-to-child ratio below the ratio required by s. 61 
402.305 shall be responsible for the cost of the child care 62 
market impact of that ordinance. 63 
 3.  Determination of county price level index 64 
differentials.—The department shall annually compute for each 65 
county a current year's price level index differential. The 66 
price level index differential shall be calculated by adding 67 
each county's price level index as published in the Florida 68 
Price Level Index for the most recent 3 years and dividing the 69 
resulting sum by 3. 70 
 4.  Determination of the basic amount for current 71 
operation.—The basic amount for current operation to be included 72 
for funding the school readiness program for each county shall 73 
be calculated as follows: 74 
 a.  The cost factor for each care level multiplied by 22 75     
 
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percent. The product derived from this calculation shall result 76 
in the unweighted amount by care level. 77 
 b.  The weighted amount by care level shall be derived by 78 
multiplying the Florida Price Level Index differential for each 79 
county by the amount calculated pursuant to sub -subparagraph a. 80 
 c.  The average weighted amount shall be derived by adding 81 
the amounts calculated pursuant to sub -subparagraph b. for care 82 
levels infant through 5 years old and dividing the resulting sum 83 
by 5. 84 
 d.  Each early learning coalition's allocation shall be 85 
derived by multiplying the average weighted amount for each 86 
county within the coalition by the percentage of the elig ible 87 
school readiness program population established in the General 88 
Appropriations Act. 89 
 (b)  Gold seal quality care allocation. —There is created 90 
the gold seal quality care allocation. The allocation amount 91 
shall be determined annually by the Legislature a nd shall be the 92 
amount prescribed in the General Appropriations Act. Each early 93 
learning coalition shall be reimbursed based on actual fiscal 94 
year expenditures pursuant to s. 1002.945(6). All expenditures 95 
from the gold seal quality care allocation shall be used by the 96 
Division of Early Learning to help meet federal targeted 97 
requirements for improving quality to the extent allowable in 98 
the state's approved Child Care and Development Fund Plan. 99 
 (c)  Program assessment differential allocation. —There is 100     
 
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created the program assessment differential allocation. The 101 
allocation amount shall be determined annually by the 102 
Legislature and shall be the amount prescribed in the General 103 
Appropriations Act. Each early learning coalition shall be 104 
reimbursed for actual fisca l year expenditures pursuant to s. 105 
1002.82(2)(o). All expenditures from the program assessment 106 
differential allocation shall be used by the Division of Early 107 
Learning to help meet federal targeted requirements for 108 
improving quality to the extent allowable in the state's 109 
approved Child Care and Development Fund Plan. 110 
 (d)  Child assessment differential allocation. —There is 111 
created the child assessment differential allocation. The 112 
allocation amount shall be determined annually by the 113 
Legislature and shall be the amount prescribed in the General 114 
Appropriations Act. Each early learning coalition shall be 115 
reimbursed for actual fiscal year expenditures pursuant to s. 116 
1002.82(2)(o). All expenditures from the child assessment 117 
differential allocation shall be used by the Division of Early 118 
Learning to help meet federal targeted requirements for 119 
improving quality to the extent allowable in the state's 120 
approved Child Care and Development Fund Plan. 121 
 (e)  Special needs differential allocation. —There is 122 
created the special needs differential allocation. The 123 
allocation amount shall be determined annually by the 124 
Legislature and shall be the amount prescribed in the General 125     
 
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Appropriations Act. This allocation shall be used to implement 126 
the special needs rate provisions outline d in the state's 127 
approved Child Care and Development Fund Plan. Each early 128 
learning coalition shall be reimbursed based on actual fiscal 129 
year expenditures. All expenditures from the special needs 130 
differential allocation shall be used by the Division of Ear ly 131 
Learning to help meet federal targeted requirements for 132 
improving quality to the extent allowable in the state's 133 
approved Child Care and Development Fund Plan Funding for the 134 
school readiness program shall be allocated among the early 135 
learning coalitions in accordance with this section and the 136 
General Appropriations Act . 137 
 (2)  INSTRUCTION REQUIREMENTS. —All instructions to early 138 
learning coalitions for administering this section shall emanate 139 
from the department in accordance with the policies of the 140 
Legislature. 141 
 (3)  All cost savings and all revenues received through a 142 
mandatory sliding fee scale shall be used to increase the number 143 
of children served. 144 
 (3)(4) MATCHING FUND REQUIREMENTS. —All state, federal, and 145 
local matching funds provided to an early learning coalition for 146 
purposes of this section shall be used for implementation of its 147 
approved school readiness program plan, including the hiring of 148 
staff to effectively operate the school readiness program. 149 
 (4)(5) COST REQUIREMENTS.—Costs shall be kept to the 150     
 
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minimum necessary for the efficient and effective administration 151 
of the school readiness program with the highest priority of 152 
expenditure being direct services for eligible children. 153 
However, no more than 5 percent of the funds described in 154 
subsection (4) may be used for administrative costs and no more 155 
than 22 percent of the funds described in subsection (4) may be 156 
used in any fiscal year for any combination of administrative 157 
costs, quality activities, and nondirect services as follows: 158 
 (a)  Administrative costs as described in 45 C.F.R. s. 159 
98.54, which shall include monitoring providers using the 160 
standard methodology adopted under s. 1002.82 to improve 161 
compliance with state and federal regulations and law pursuant 162 
to the requirements of the stat ewide provider contract adopted 163 
under s. 1002.82(2)(m). 164 
 (b)  Activities to improve the quality of child care as 165 
described in 45 C.F.R. s. 98.53, which shall be limited to the 166 
following: 167 
 1.  Developing, establishing, expanding, operating, and 168 
coordinating resource and referral programs specifically related 169 
to the provision of comprehensive consumer education to parents 170 
and the public to promote informed child care choices specified 171 
in 45 C.F.R. s. 98.33. 172 
 2.  Awarding grants and providing financial support to 173 
school readiness program providers and their staff to assist 174 
them in meeting applicable state requirements for the program 175     
 
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assessment required under s. 1002.82(2)(n), child care 176 
performance standards, implementing developmentally appropriate 177 
curricula and related classroom resources that support 178 
curricula, providing literacy supports, and providing continued 179 
professional development and training. Any grants awarded 180 
pursuant to this subparagraph shall comply with ss. 215.971 and 181 
287.058. 182 
 3.  Providing training, technical assistance, and financial 183 
support to school readiness program providers, staff, and 184 
parents on standards, child screenings, child assessments, child 185 
development research and best practices, developmentally 186 
appropriate curricula, characte r development, teacher -child 187 
interactions, age-appropriate discipline practices, health and 188 
safety, nutrition, first aid, cardiopulmonary resuscitation, the 189 
recognition of communicable diseases, and child abuse detection, 190 
prevention, and reporting. 191 
 4.  Providing, from among the funds provided for the 192 
activities described in subparagraphs 1. -3., adequate funding 193 
for infants and toddlers as necessary to meet federal 194 
requirements related to expenditures for quality activities for 195 
infant and toddler care. 196 
 5.  Improving the monitoring of compliance with, and 197 
enforcement of, applicable state and local requirements as 198 
described in and limited by 45 C.F.R. s. 98.40. 199 
 6.  Responding to Warm -Line requests by providers and 200     
 
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parents, including providing developmental a nd health screenings 201 
to school readiness program children. 202 
 (c)  Nondirect services as described in applicable Office 203 
of Management and Budget instructions are those services not 204 
defined as administrative, direct, or quality services that are 205 
required to administer the school readiness program. Such 206 
services include, but are not limited to: 207 
 1.  Assisting families to complete the required application 208 
and eligibility documentation. 209 
 2.  Determining child and family eligibility. 210 
 3.  Recruiting eligible child care providers. 211 
 4.  Processing and tracking attendance records. 212 
 5.  Developing and maintaining a statewide child care 213 
information system. 214 
 215 
As used in this paragraph, the term "nondirect services" does 216 
not include payments to school readiness program providers for 217 
direct services provided to children who are eligible under s. 218 
1002.87, administrative costs as described in paragraph (a), or 219 
quality activities as described in paragraph (b). 220 
 (5)(6) LIMITATION ON THE USE OF PROGRAM FUNDS. —Funds 221 
appropriated for the school readiness program may not be 222 
expended for the purchase or improvement of land; for the 223 
purchase, construction, or permanent improvement of any building 224 
or facility; or for the purchase of buses. However, funds may be 225     
 
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expended for minor remodeling and upgrading of child care 226 
facilities which is necessary for the administration of the 227 
program and to ensure that providers meet state and local child 228 
care standards, including applicable health and safety 229 
requirements. 230 
 Section 2.  Section 1002.90, Florida Statutes, is created 231 
to read: 232 
 1002.90  School readiness cost -of-care information.—233 
Annually, the principals of the Early Learning Programs 234 
Estimating Conference established in s. 216.136 shall develop 235 
official cost-of-care information based on actual school 236 
readiness direct services program expenditures and information 237 
provided pursuant to s. 1002.92(4). Conference principals shall 238 
agree on the cost of child care by level and care type, the 239 
eligible population data, and the met hods of computation. The 240 
Division of Early Learning shall provide the conference 241 
principals with all requested and necessary data to develop such 242 
information. The data may include a matrix by early learning 243 
coalition of any full -time equivalent changes mad e by the 244 
division as part of its administration of the school readiness 245 
program. The Early Learning Programs Estimating Conference shall 246 
provide the official cost -of-care information to the Legislature 247 
at least 90 days before the scheduled annual legislati ve 248 
session. 249 
 Section 3.  Subsection (4) of section 1002.81, Florida 250     
 
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Statutes, is amended to read: 251 
 1002.81  Definitions. —Consistent with the requirements of 252 
45 C.F.R. parts 98 and 99 and as used in this part, the term: 253 
 (4)  "Direct enhancement services" means services for 254 
families and children that are in addition to payments for the 255 
placement of children in the school readiness program. Direct 256 
enhancement services for families and children may include 257 
supports for providers, parent training and involvem ent 258 
activities, and strategies to meet the needs of unique 259 
populations and local eligibility priorities. Direct enhancement 260 
services offered by an early learning coalition shall be 261 
consistent with the activities prescribed in s. 1002.89(4)(b) s. 262 
1002.89(5)(b). 263 
 Section 4.  Paragraph (a) of subsection (7) of section 264 
1002.82, Florida Statutes, is amended to read: 265 
 1002.82  Department of Education; powers and duties. — 266 
 (7)  By January 1 of each year, the department shall 267 
annually publish on its website a rep ort of its activities 268 
conducted under this section. The report must include a summary 269 
of the coalitions' annual reports, a statewide summary, and the 270 
following: 271 
 (a)  An analysis of early learning activities throughout 272 
the state, including the school readi ness program and the 273 
Voluntary Prekindergarten Education Program. 274 
 1.  The total and average number of children served in the 275     
 
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school readiness program, enumerated by age, eligibility 276 
priority category, and coalition, and the total number of 277 
children served in the Voluntary Prekindergarten Education 278 
Program. 279 
 2.  A summary of expenditures by coalition, by fund source, 280 
including a breakdown by coalition of the percentage of 281 
expenditures for administrative activities, quality activities, 282 
nondirect services, an d direct services for children. 283 
 3.  A description of the department's and each coalition's 284 
expenditures by fund source for the quality and enhancement 285 
activities described in s. 1002.89(4)(b) s. 1002.89(5)(b). 286 
 4.  A summary of annual findings and collect ions related to 287 
provider fraud and parent fraud. 288 
 5.  Data regarding the coalitions' delivery of early 289 
learning programs. 290 
 6.  The total number of children disenrolled statewide and 291 
the reason for disenrollment. 292 
 7.  The total number of providers by provid er type. 293 
 8.  The number of school readiness program providers who 294 
have completed the program assessment required under paragraph 295 
(2)(n); the number of providers who have not met the minimum 296 
program assessment composite score for contracting established 297 
under paragraph (2)(n); and the number of providers that have an 298 
active improvement plan based on the results of the program 299 
assessment under paragraph (2)(n). 300     
 
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 9.  The total number of provider contracts revoked and the 301 
reasons for revocation. 302 
 Section 5.  This act shall take effect July 1, 2022. 303