Florida 2022 2022 Regular Session

Florida House Bill H1199 Analysis / Analysis

Filed 02/18/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1199d.APC 
DATE: 2/18/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/CS/HB 1199    Funding for School Readiness Program 
SPONSOR(S): Early Learning & Elementary Education Subcommittee, PreK-12 Appropriations 
Subcommittee, Grall 
TIED BILLS:  None IDEN./SIM. BILLS: None 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) PreK-12 Appropriations Subcommittee 13 Y, 0 N, As CS Bailey Potvin 
2) Early Learning & Elementary Education 
Subcommittee 
16 Y, 0 N, As CS Wolff Brink 
3) Appropriations Committee  	Potvin Pridgeon 
SUMMARY ANALYSIS 
Current law authorizes the Division of Early Learning (DEL) in the Department of Education as the lead 
administrator for federal and state child care funds.  The DEL is responsible for developing, adopting, and 
implementing quality standards and outcome measures that benefit and improve Florida’s comprehensive early 
childhood care and education system.  One of the three main early learning programs that the DEL oversees is 
the School Readiness (SR) program.  The DEL administers the SR program at the state level and early 
learning coalitions (ELC) and the Redlands Christian Migrant Association administer the program at the county 
and regional levels.  The SR program provides subsidies for child care services and early childhood education 
for children of low-income families; children in protective services who are at risk of abuse, neglect, 
abandonment, or homelessness; foster children; and children with disabilities.   
Funding for the SR program comes from four sources: 
 Federal Child Care and Development Block Grant. 
 Federal Temporary Assistance for Needy Families Block Grant. 
 Federal Social Services Block Grant. 
 State General Revenue Fund. 
The Legislature annually appropriates the SR program funds to the early learning coalitions and the Redlands 
Christian Migrant Association with eligible school readiness providers receiving their funding primarily from 
reimbursements from the coalitions and tuition payments by participating families.   
The bill requires the principals of the Early Learning Programs Estimating Conference to adopt the official cost 
of care information and provide this information to the Legislature at least 90 days before the scheduled annual 
legislative session. The bill also provides that the funding for the SR program be allocated among the early 
learning coalitions in accordance with the General Appropriations Act and the adopted cost of care information.    
The bill establishes a funding formula for the operational costs associated with the SR program and creates 
four funding allocations to reimburse ELCs for expenses incurred related to: 
 the Gold Seal Quality Care Program; 
 program assessments; 
 child assessments; and 
 serving children with special needs. 
The bill does not have a fiscal impact.  See Fiscal Comments. 
The bill has an effective date of July 1, 2022. 
 
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FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Present Situation 
 
School Readiness Program 
 
 Overview 
 
The Division of Early Learning (DEL) within the Department of Education (DOE) is the lead 
administrator for federal and state child care funds and is responsible for developing, adopting, and 
implementing quality standards and outcome measures that benefit and improve Florida’s 
comprehensive early childhood care and education system.
1
  The DEL partners with 30 local early 
learning coalitions
2
 (ELC) and the Redlands Christian Migrant Association to deliver comprehensive 
early childhood care and education services statewide.  One of the three main early learning programs 
that the DEL oversees is the School Readiness (SR) program.   
 
Established in 1999,
3
 the SR program provides subsidies for child care services and early childhood 
education for children of low-income families; children in protective services who are at risk of abuse, 
neglect, abandonment, or homelessness; foster children; and children with disabilities.
4
  The SR 
program offers financial assistance for child care to these families while supporting children in the 
development of skills for success in school.  Additionally, the program provides developmental 
screenings and referrals to health and education specialists where needed.  These services are 
provided in conjunction with other programs for young children such as Head Start, Early Head Start, 
Migrant Head Start, Child Care Resource and Referral and the Voluntary Prekindergarten Program.
5
   
 
The DEL administers the program at the state level and early learning coalitions administer the SR 
program at the county and regional levels.  The program’s two main goals are to help families become 
financially self-sufficient and to help each child from a qualifying family develop school readiness skills.  
These skills are measured by standards and outcomes adopted by the DEL as well as statewide 
screening of kindergarten students.
6
 
 
Federal regulations governing the Child Care and Development Block Grant, the primary funding 
source for the SR program, authorize states to use grant funds for child care services, if:
 7
  
 the child is under 13 years of age, or at the state’s option, under age 19 if the child is physically 
or mentally incapable of caring for himself or herself or under court supervision; 
 the child’ family income does not exceed 185 percent of the state’s median income for a family 
of the same size; and 
 the child: 
o resides with a parent or parents who work or attend job training or educational 
programs; or 
o receives, or needs to receive, protective services. 
 
                                                
1
 Florida Department of Education, Division of Early Learning Annual Report for Fiscal Year 2020-2021, Improving Program 
Quality, p. 12, available at 
http://www.floridaearlylearning.com/Content/Uploads/floridaearlylearning.com/files/DEL_Annual_Report_2020-
21_FINAL_ADA.pdf [hereinafter Improving Program Quality]. 
2
 Section 1002.83, F. S. 
3
 Section 1, ch. 99-357, L.O.F. 
4
 Sections 1002.81 and 1002.87, F.S. 
5
 Division of Early Learning, School Readiness Program, http://www.floridaearlylearning.com/school-readiness (last visited Jan. 31, 
2022). 
6
 Improving Program Quality at 22, supra, note 1.  
7
 See 45 C.F.R. s. 98.20(a).   STORAGE NAME: h1199d.APC 	PAGE: 3 
DATE: 2/18/2022 
  
Student enrollment in the SR program for the 2020-2021 school year, the most recent year data , was 
209,801 as follows:
8
  
 
Age Group Enrollments Percentage of 
Total 
Enrollments 
Infants 	7,588 4% 
Toddlers 	19,561 9% 
2-Year Olds 	26,515 13% 
3-Year Olds 	31,029 15% 
4-Year Olds 	31,317 15% 
5-Year Olds 	19,893 9% 
School Age 	73,637 35% 
Special Needs 	261 0% 
TOTAL 	209,801 100% 
 
School Readiness Providers 
 
In order to be eligible to provide the SR program, a provider must be:
9
  
 a licensed child care facility; 
 a licensed or registered family day care home; 
 alicensed large family day care home; 
 apublic school or nonpublic school; 
 alicense-exempt faith-based child care provider; 
 abefore-school or after-school program; or 
 aninformal child care provider authorized in the state’s Child Care and Development Fund plan. 
 
For Fiscal Year 2020-2021, there was a total of 6,760 providers offering the SR program with the 
following breakdown:
10
 
 
Provider Type* 	Enrollments Percentage 
of Total 
Enrollments 
Licensed Private  	4,623 68% 
Licensed/Registered Family Child Care 
Home 
991 15% 
Licensed Large Family Day Care Home 304 5% 
Public/Nonpublic School 	632 9% 
License-exempt  	210 3% 
TOTAL 	6,760 100% 
 *No informal providers served SR children during Fiscal Year 2020-2021. 
 
School Readiness Funding 
 
Funding for the SR program comes from four sources:
11
 
 Federal Child Care and Development Block Grant. 
 Federal Temporary Assistance for Needy Families Block Grant. 
 Federal Social Services Block Grant. 
 State General Revenue Fund. 
 
                                                
8
 Improving Program Quality at 20, supra, note 1. 
9
 Section 1002.88(1)(a), F.S. 
10
 Improving Program Quality at 20, supra, note 1. 
11
 Id. at 18.  STORAGE NAME: h1199d.APC 	PAGE: 4 
DATE: 2/18/2022 
  
The Legislature appropriates the SR program funds to the early learning coalitions and the Redlands 
Christian Migrant Association, with participating providers receiving their funding primarily from 
reimbursements from the coalitions and tuition payments by participating families.
12
  The ELCs 
reimburse eligible school readiness providers with appropriated funds for each eligible child, either 
through child care certificates provided by parents or through contracted slots.
13
  The reimbursement 
and co-payment amounts are determined locally by the early learning coalition, subject to approval by 
the DEL.  Any additional amount a parent must pay is based on the difference between the provider’s 
tuition rate and the sum of the reimbursement rate and required parent co-payment.  Reimbursement 
amounts vary based on provider type and level of care, and co-payments are determined by the ELCs 
using a sliding fee scale.
14
 
 
 School Readiness Market Rate 
 
The Code of Regulations (C.F.R.) 45 Part 98 requires states receiving the Child Care and Development 
Block Grant to ensure equal access to child care by setting a fair market rate every two years.
15
  
Current law defines the “market rate” to mean the price that a child care or early childhood education 
provider charges for full-time or part-time daily, weekly, or monthly child care or early childhood 
education services.
16
  The DOE is statutorily required to approve a market rate schedule until an 
alternative model has been approved by the federal Administration of Children and Families.
17
  
 
Based in part on recommendations by the Office of Child Care within the federal Department of Health 
and Human Services, the DOE calculates the average market rate and the 75
th
 percentile market rate, 
referred to as the prevailing market rate,
18
 for each county to help the early learning coalitions 
determine provider reimbursement rates.
19
  Market rates are established for the different provider types 
and different levels of care for each county.
20
 
 
To calculate the market rates, the DEL sorts provider private pay rates for a given level of care within 
the county from highest to lowest, calculates the average market rate, and identifies the 75
th
 percentile 
pay rate.  Although there is no minimum threshold for provider reimbursement rates in law, the early 
learning coalitions must consider the market rate schedule in determining its own minimum 
reimbursement rates, which must be approved by the DEL.
21
  In addition, a provider may receive 
additional funding above the minimum reimbursement rate if it qualifies for any of the following quality-
based differentials:
22
 
 Up to an additional 20 percent for Gold Seal status. 
 Up to an additional 10 percent for achieving certain CLASS scores identified in rule (also known 
as the quality performance incentive). 
 An additional 5 percent for participating in a DEL-approved child assessment tool. 
 
 
 
School Readiness Estimating Conference 
 
Current law establishes several consensus estimating conferences to assist in a variety of 
governmental planning and budgeting functions.  Data from consensus estimating conferences are 
                                                
12
 Sections 1002.84(8) and 1002.89, F.S.; Specific Appropriation 83, section 2, ch. 2021-36, L.O.F. 
13
 See rule 6M-4.500(1), F.A.C. 
14
 Section 1002.895(4), F.S.; rules 6M-4.400(2) and 6M-4.500(1), F.A.C. 
15
 See 45 C.F.R. § 98.45(a) and (c). Alternatively, states may set payment rates using an alternative methodology approved by the 
federal Administration for Children and Families. 
16
 Section 1002.81(10), F.S.  
17
 Section 1002.895(1), F.S. 
18
 Section 1002.81(12), F.S. 
19
 Section 1002.895(4), F.S. 
20
 Section 1002.895(2)(a) and (b), F.S. 
21
 See s. 1002.82(2)(o), F.S.; rule 6M-4.500(9), (10), and (11), F.A.C. 
22
 See s. 1002.82(2)(o), F.S.; rule 6M-4.500(9), (10), and (11), F.A.C.  STORAGE NAME: h1199d.APC 	PAGE: 5 
DATE: 2/18/2022 
  
used primarily in the development of the constitutionally-required Long-Range Financial Outlook, the 
Governor’s budget recommendations, and the General Appropriations Act.
23
    
 
Current law establishes the Early Learning Programs Estimating Conference to develop estimates and 
forecasts of the unduplicated count of children eligible for the school readiness program in accordance 
with the standards of eligibility established in s. 1002.87, F.S., and of children eligible for the Voluntary 
Prekindergarten Education Program in accordance with s. 1002.53(2), F.S., as the conference 
determines are needed to support the state planning, budgeting, and appropriations processes.
24
 
 
The DEL is required to provide information on needs and waiting lists for the SR Program to the 
conference principals.
25
   
 
The last Early Learning Programs Estimating Conference for the SR program was held on November 8, 
2004.
26
  
 
Effects of Proposed Changes 
 
The bill requires the principals of the Early Learning Programs Estimating Conference, established in s. 
216.136, Florida Statutes, to annually develop official cost of care information based on actual school 
readiness direct services program expenditures and information provided pursuant to s. 1002.92(4), 
Florida Statutes.  Conference principals must agree on the cost of child care by level and care type, the 
eligible population data, and the methods of computation.  The bill requires the DEL to provide all 
required and necessary data to the conference principals.  The bill requires the Early Learning 
Programs Estimating Conference to provide the official cost of care information to the Legislature at 
least 90 days before the scheduled annual legislative session.     
 
The bill requires the funding for the SR program to be allocated to the early learning coalitions in 
accordance with the General Appropriations Act (GAA) and the official cost of care information provided 
by the Early Learning Programs Estimating Conference.   
 
The bill establishes a formula to determine operational funding for the SR program for the ELCs, if 
funding is not explicitly set forth in the GAA.  The formula distributes funding for the SR program 
among the ELCs based on local population, local care level costs, and the local price level index.  The 
bill provides additional weights for care level costs for Pinellas County.  The bill also provides that any 
county that passes an ordinance lowering the teacher-to-child ratio to below the requirements set forth 
in law after January 1, 2022, is responsible for the cost of the child care market impact of that 
ordinance.  Additionally, the bill creates four funding allocations to reimburse ELCs for costs related to: 
 the Gold Seal Quality Care Program; 
 program assessments; 
 child assessments; and 
 serving children with special needs. 
 
The bill requires the DEL to use funds from these allocations to help meet federal targeted 
requirements for improving quality as authorized in the state Child Care and Development Fund Plan. 
 
B. SECTION DIRECTORY: 
Section 1.  Amends s. 1002.89, F.S., providing for the determination of school readiness program 
funding for each early learning coalition; providing requirements for such funding calculations.   
 
                                                
23
 See Office of Economic & Demographic Research, Consensus Estimating Conferences, 
http://edr.state.fl.us/Content/conferences/index.cfm (last visited Jan. 31, 2022). 
24
 Section 216.136(8), F.S. 
25
 Id. 
26
 Office of Economic & Demographic Research, Consensus Estimating Conferences, 
http://edr.state.fl.us/Content/conferences/index.cfm (last visited Jan. 31, 2022).  STORAGE NAME: h1199d.APC 	PAGE: 6 
DATE: 2/18/2022 
  
Section 2. Creates s. 1002.90, F.S., requiring the principals of the Early Learning Programs 
Conference to develop the official cost of care information.   
 
Section 3. Amends s. 1002.81, F.S., conforming cross-references to changes made by the act. 
 
Section 4. Amends s. 1002.82, F.S., conforming cross-references to changes made by the act. 
 
Section 5. Provides the bill takes effect on July 1, 2022. 
 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
The bill requires the principals of the Early Learning Programs Estimating Conference to adopt the 
official cost of care information and provide the information to the Legislature at least 90 days before 
the scheduled annual legislative session.  The bill also provides a formula to determine allocations to 
the ELCs if not otherwise provided for in the GAA or implementing legislation. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
None. 
 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
None. 
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DATE: 2/18/2022 
  
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On January 27, 2022, the PreK-12 Appropriations Subcommittee adopted one amendment and reported the 
bill favorably as a committee substitute.  The amendment: 
 Requires the conference principals of the Early Learning Programs Estimating Conference to 
annually develop the official cost of care information based on actual school readiness direct 
services programs expenditures and information provided pursuant to s. 1002.92(4), Florida 
Statutes; 
 Requires the DEL to provide all required and necessary information to the conference principals; 
and 
 Requires the Early Learning Programs Estimating Conference to provide the official cost of care 
information to the Legislature at least 90 days before the scheduled annual legislative session. 
 
On February 2, 2022, the Early Learning & Elementary Education Subcommittee adopted one amendment and 
reported the bill favorably as a committee substitute.  The amendment establishes a funding formula for 
operational costs associated with the SR program and creates four funding allocations to reimburse ELCs for 
expenses related to: 
 the Gold Seal Quality Care Program; 
 program assessments; 
 child assessments; and 
 serving children with special needs. 
 
The analysis is drafted to the committee substitute as passed by the Early Learning & Elementary Education 
Subcommittee.