402.3051  Child care market rate reimbursement; child care grants.--

(1)  As used in this section, the term:

(a)  "Child care program assessment tool" means an assessment instrument designated or developed by the department to determine quality child care and other child development services to children under the provision of s. 402.3015, Title IV-A of the Social Security Act, and the Child Care and Development Block Grant Act of 1990.

(b)  "Market rate" means the price that a child care provider charges for daily, weekly, or monthly child care services. Market rate shall:

1.  Be established for licensed child care facilities or facilities that are not subject to s. 402.305, licensed or registered family day care homes, licensed before-school and after-school child care programs, and unregulated care provided by a relative or other caretaker.

2.  Differentiate among child care for children with special needs or risk categories, infants, toddlers, and preschool and school-age children.

3.  Differentiate between full-time and part-time care.

4.  Consider reductions in the cost of care for additional children in the same family.

(c)  "Prevailing market rate" means the annually determined 75th percentile of a reasonable frequency distribution of market rate in a predetermined geographic market at which licensed child care providers charge a person for child care services.

(2)  The department shall establish procedures to reimburse licensed, exempt, or registered child care providers at the prevailing market rate for child care services for children who are eligible to receive subsidized child care, unless prohibited by federal law under s. 402.3015. The department shall establish procedures to reimburse providers of unregulated child care at not more than 50 percent of the market rate. The payment system may not interfere with the parents' decision as to the appropriate child care arrangement, regardless of the level of available funding for child care. The child care program assessment tool may not be used to determine reimbursement rates.

(3)  The department may provide child care grants to central agencies, community colleges, and vocational/technical programs for the purpose of providing support and technical assistance to licensed child care providers.

(4)  The department may use the state community child care coordination agencies (central agencies), community colleges, and vocational/technical programs to implement this section.

(5)  The department may adopt rules and other policy provisions necessary to implement this section.

(6)  This section shall be implemented only to the extent that funding is available.