HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 575 The Gold Seal Quality Care Program
SPONSOR(S): Education & Employment Committee, Omphroy and others
TIED BILLS: None IDEN./SIM. BILLS: SB 1336
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Early Learning & Elementary Education 18 Y, 0 N Guy Brink
Subcommittee
2) Children, Families & Seniors Subcommittee 17 Y, 0 N Rahming Brazzell
3) PreK-12 Appropriations Subcommittee 13 Y, 0 N Bailey Potvin
4) Education & Employment Committee 18 Y, 0 N, As CS Guy Hassell
SUMMARY ANALYSIS
The Gold Seal Quality Care Program (Gold Seal program) provides financial incentives, in the form of certain
tax exemptions and increased reimbursements, to qualifying child care providers. A qualifying provider must be
accredited by an association approved by the Florida Department of Children and Families (DCF) as meeting
certain national accrediting standards and other criteria. The DCF is responsible for administering the Gold
Seal program, including through rulemaking.
The bill provides a type two transfer of administrative responsibility for the Gold Seal program from the DCF to
the Florida Department of Education (DOE) and places rulemaking authority with the State Board of Education
(SBE).
The bill revises Gold Seal program accrediting standards and the requirements for approving an accreditor
under the program. The bill authorizes either an association or an entity to be approved as an accreditor for
child care providers seeking the Gold Seal program designation.
The bill requires the DOE to establish a process for verifying Gold Seal program accreditor compliance with the
revised requirements, including an auditing program. The bill requires the DOE to recommend to the SBE
termination of the accreditor’s eligibility for 2 to 5 years if it is unable to correct deficiencies within 30 days. If an
accreditor loses its approved status, the providers it accredited have 1 year to obtain accreditation from
another approved accreditor. An accreditor is liable for repayment of provider payment differentials if it
fraudulently grants accreditation or fails to conduct on-site verification.
The bill authorizes the DOE to revoke an accrediting association’s approval if it has accredited 10 or fewer
child care providers in the previous 5 years. The bill also authorizes the DOE to recommend to the SBE that a
Gold Seal program provider maintain its status after it is cited for certain violations in specified circumstances.
The bill specifies that a School Readiness provider with the Gold Seal program designation must receive a
minimum differential payment of 20 percent, rather than up to 20 percent.
The bill has an indeterminate fiscal impact. See Fiscal Comments.
The bill takes effect upon becoming law.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 4/15/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Gold Seal Quality Care Program Accreditors
The Department of Children and Families (DCF) administers the state’s child care provider licensing
program, including inspections of child care providers for specified health and safety standards,1 and
oversees state-mandated child care personnel training.2 It also administers the Gold Seal Quality Care
Program (Gold Seal program), which the Legislature established in 1996 to recognize facility and
home-based child care providers that go beyond minimum licensing requirements and are accredited
based on specified standards by qualifying accrediting associations.3 Child care providers that earn the
Gold Seal program designation may be eligible for benefits such as certain property tax and sales tax
exemptions and increased reimbursement rates through the School Readiness program.4 However,
committing a class I violation5 is grounds for termination of the Gold Seal program designation for 2
years.6
Accrediting standards for providers must be based on applicable accrediting standards of the National
Association for the Education of Young Children (NAEYC), the National Association of Family Child
Care (NAFCC), and the National Early Childhood Program Accreditation Commission (NECPAC).7 To
be approved as an accrediting association, the association must be recognized as an accrediting
association and have accrediting standards that meet or exceed the Gold Seal program accrediting
standards adopted by the DCF.8 In addition, the accrediting association must:9
Have been active and accrediting child care facilities for at least 5 years before submitting an
application to the DCF;
Be currently incorporated and registered to conduct business in Florida;
Submit and meet the requirements of the accrediting association application form;10 and
Submit a cross walk of its accrediting standards with the DCF’s Gold Seal program accrediting
standards.
In approving accrediting associations, the DCF must consult with:11
The Florida Department of Education;
The Florida Head Start Director’s Association;
The Florida Association of Child Care Management;
The Florida Family Child Care Home Association;
The Florida Children’s Forum;
1
See ss. 402.301-402.319, and 1002.88, F.S.
2
Sections 402.301-402.319, F.S.; see also Florida Department of Children and Families, Provider Search,
https://cares.myflfamilies.com/PublicSearch (last visited Feb. 26, 2021).
3
See s. 402.281(1)-(2), F.S.; rule 65C-20.014, F.A.C.; Florida Department of Children and Families, Child Care: About the Gold Seal
Quality Care Program, https://www.myflfamilies.com/service-programs/child-care/goldseal.shtml (last visited Feb. 26, 2021).
4
See ss. 212.08(5)(m) and 402.26(6), F.S., and rule 12D-7.015, F.A.C.
5
The DCF classifies licensing violations as class I, II, and III violations. Class I violations are the most serious in nature, pose an
imminent threat to a child including abuse or neglect and which could or does result in death or serious harm to the health, safety or
well-being of a child. Class II violations are less serious in nature than Class I violations, and could be anticipated to pose a threat to
the health, safety or well-being of a child, although the threat is not imminent. Class III violations are less serious in nature than either
Class I or Class II violations. Rule 65C-22.010(1)(e), F.A.C.
6
See 402.281(4)(a), F.S.
7
Section 402.281(2), F.S.
8
Section 402.281(3)(a), F.S.
9
See s. 402.281(3), F.S.; rule 65C-22.009(4)(a), F.A.C.
10
See Form CF-FSP 5315, incorporated by reference in rule 65C-22.009(4)(a)3., F.A.C. (2019), available at
https://www.flrules.org/gateway/reference.asp?No=Ref-10508.
11
Section 402.281(3)(b), F.S.
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The Florida Association for the Education of the Young;
The Child Development Education Alliance;
The Florida Association of Academic Nonpublic Schools;
The Association of Early Learning Coalitions;
Exempt child care providers;12 and
Parents.
The DCF establishes review teams composed of at least 5 members from the above stakeholder
groups to evaluate an accrediting association’s application for approval.13 To receive approval, the
association must obtain an overall compliance score of 85 percent or higher based on the accrediting
association criteria contained in the Gold Seal Quality Care Accrediting Association Evaluation Manual
for Child Care Facilities.14 The approval period lasts for up to 5 years, unless the DCF terminates
approval or the association voluntarily surrenders approval.15 Applications may only be submitted in
January or July.16
There are 14 DCF-adopted accreditor standards with respect to child care facilities, such as Staff
Training and Professional Development, Teacher-Child Interactions, Literacy Support, and Health and
Safety. There are seven such standards for home-based providers.17 Each standard includes detailed
indicators of provider expectations. For example, within the Curriculum/Teacher standard, one indicator
is whether the program has rich and varied materials to sustain curriculum plans and occupy children in
activities that meet their interests.18 The DCF recommends compliance with this standard be
demonstrated through documentation of the materials and equipment used by the provider. As part of
the accrediting association approval process, the team of reviewers would evaluate whether the
association’s standards substantially meet, exceed, or do not meet this indicator and, based on other
indicators, the standard.19
If the accrediting association receives a compliance score between 70 and 85 percent, it may resubmit
its application with revisions and work to reach compliance by the next application submission period, a
span of 6 months.20 If the application is below 70 percent compliance, it must be denied and the
association must wait at least 6 months until the next submission period to reapply.21
Section 402.315(5), F.S., requires the DCF to hold in a trust fund all child care licensing moneys the
DCF collects to be reallocated at specified times to fund child care licensing activities, including the
Gold Seal Quality Care Program.
12
Certain child care providers are exempt from child care licensing standards, except for background screening and local health and
safety standards, if they submit documentation to the DCF showing they are an integral part of a church or parochial school
conducting regularly scheduled classes, courses of study, or educational programs and are accredited by an organization based on
health, safety, and sanitation standards. See s. 402.316, F.S.
13
Florida Department of Children and Families, Gold Seal Quality Care Program Review Process and Procedures (2015) at 1,
incorporated by reference in rule 65C-22.009(4)(c), F.A.C., available at https://www.myflfamilies.com/service-programs/child-
care/docs/whats-new/Gold-
Seal/Gold%20Seal%20Quality%20Care%20Program%20Review%20Process%20and%20Procedures%20[NOPR2].pdf [hereinafter
referred to as Gold Seal Program Review Process and Procedures].
14
See Form CF-FSP 5389, incorporated by reference in rule 65C-22.009(4)(c), F.A.C. (2015), available at
https://www.flrules.org/gateway/reference.asp?No=Ref-05514.
15
Rule 65C-22.009(4)(e), F.A.C.
16
Rule 65C-22.009(4)(b), F.A.C.
17
Gold Seal Program Review Process and Procedures, note 13, supra, at 6.
18
See Form CF-FSP 5389, incorporated by reference in rule 65C-22.009(4)(c), F.A.C. (2015) at 10, available at
https://www.flrules.org/gateway/reference.asp?No=Ref-05514.
19
See id. See also Gold Seal Program Review Process and Procedures, note 13, supra, at 6-8.
20
See Gold Seal Program Review Process and Procedures, note 13, supra, at 8-9.
21
Rule 65C-22.009(4)(b), F.A.C.
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As of December 2020, there are 18 approved accrediting associations, including the NAEYC, the
NAFCC, and the NECPAC,22 and 1,892 Gold Seal program-designated child care providers.23
School Readiness Provider Funding
Established in 1999,24 the School Readiness 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.25
The School Readiness 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 screening and referrals to health and education specialists where needed.26
School Readiness funding for participating providers comes primarily from reimbursements from early
learning coalitions (ELC) and tuition payments by participating families.27 Each ELC reimburses
participating providers with appropriated funds for each eligible child, either through child care
certificates provided by parents or through contracted slots.28 The reimbursement and co-payment
amounts are determined locally by ELCs, subject to approval by the Office of Early Learning (OEL).
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 using a sliding fee scale.29
Federal regulation requires states to ensure equal access to child care through the Child Care and
Development Block Grant Trust Fund by determining a fair market rate every 2 years using a
statistically valid and reliable survey.30 The survey must be completed at least 2 years before the
market rates are calculated and take effect. Based in part on recommendation by the Office of Child
Care within the federal Department of Health and Human Services, the OEL calculates the average
market rate and the 75th percentile market rate for each county to help ELCs determine provider
reimbursement schedules.31 The OEL establishes market rates for the following provider types and
levels of care for each county:32
Provider Type:
o Private Center
o Large Family Child Care Home
o Family Child Care Home
o Public School
o Non-Public School
o Faith-Based Exempt
22
Florida Department of Children and Families, Gold Seal Quality Care Accrediting Associations (Dec. 2020), available at
https://www.myflfamilies.com/service-programs/child-
care/docs/Approved%20Gold%20Seal%20Quality%20Care%20Program%20Accrediting%20Associations.pdf?d=2021-3-10.
23
Email, Florida Department of Children and Families (Mar. 10, 2021).
24
Section 1, ch. 99-357, L.O.F.
25
Sections 1002.81 and 1002.87, F.S.
26
Florida Office of Early Learning, School Readiness Program, http://www.floridaearlylearning.com/family-resources/financial-
assistance (last visited Mar. 10, 2021).
27
See ss. 1002.84(8) and 1002.89, F.S.; Specific Appropriation 86, s. 2, ch. 2019-115, L.O.F.
28
See rule 6M-4.500(1), F.A.C.; see also 45 C.F.R. s. 98.20(a). Florida does not provide School Readiness funding for children 13-18
years of age who are physically or mentally incapable of self-care or under court supervision. See Florida’s Office of Early Learning,
Florida Child Care Development Fund (CCDF) Plan with Conditional Approval Letter for FY 2019‐2021, at 53 (October 1, 2018),
available at http://www.floridaearlylearning.com/Content/Uploads/floridaearlylearning.com/files/CCDBG_FY2019-
2021CCDFPlanFINAL_FINAL_4.9.19.pdf [hereinafter referred to as CCDF Plan].
29
See s. 1002.895, F.S.; rules 6M-4.400(2) and 6M-4.500(1), F.A.C.
30
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.
31
See s. 1002.895(4), F.S.; Child Care and Development Fund (CCDF) Program, 81 FR 67438 (Nov. 29, 2016) (codified at 45 C.F.R.
pt. 98); Florida Office of Early Learning, 2019 Market Rate Survey and Process (May 2019), on file with House Education &
Employment Committee staff.
32
Section 1002.895(2)(a) and (b), F.S.
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Level of Care:
o Infant – Birth to 12 months
o Toddler – 12 to 24 months
o 2 year-old – 24 to 36 months
o Preschool 3 year-old – 36 to 48 months
o Preschool 4 year-old; 48 to 60 months
o School Age; School entry to 14 years
o Special Needs; Birth to 14 years
The market rate calculation must also differentiate rates between full-time and part-time child care
services, differentiate between Gold Seal program provider status and non-Gold Seal program provider
status, and consider discounted rates for child care services for multiple children in a single family.33
To calculate market rates, the OEL 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 75th percentile pay
rate. Although there is no minimum threshold for provider reimbursement rates in law, each ELC must
consider the market rate schedule in determining its own minimum reimbursement rates, which must be
approved by the OEL.34 In addit