1. (1) Definitions.

   1. (a) “Ex Officio Member” means a member of the coalition by virtue of holding another office. Ex Officio member positions are set forth in Sections 1002.83(4)(a)-(l), F.S.
   2. (b) “Business entity” means any form of sole proprietorship, partnership, association, cooperative, joint venture, corporation or business trust, whether operated for profit or not.

   3. (c) “Private sector business member” means an individual who does not work for a business entity that the government owns or operates. The term also includes:

      1. An individual who has dual employment in both a business entity and the public sector.

      2. An individual who is retired or no longer works for a business entity, provided that individual is not currently employed in the public sector.

   4. (d) “Substantial financial interest” refers to standards established herein for appointment of private sector business members. A coalition member, a coalition member’s relative, or a coalition board member’s business entity has a substantial financial interest in the Voluntary Prekindergarten Education Program (VPK) or an early learning coalition’s School Readiness Program (SR), if:

      1. The coalition member, the coalition board member’s relative, or the coalition member’s business entity has direct or indirect ownership of more than five (5) percent of the total assets or capital stock, cumulatively, of one or more of the proscribed sources of income listed in paragraph (1)(e); or

      2. During the prior two (2) years, more than five (5) percent of the gross income of the coalition member, coalition member’s relative, or coalition member’s business entity was derived, cumulatively, from one or more of the proscribed sources listed in paragraph (1)(e).

   5. (e) “Proscribed sources of income” refers to sources of income derived from interests in the design or delivery of the VPK program or the SR program, including the following sources:

      1. The Department of Education and its divisions including the Division of Early Learning, the Department of Children and Families, or a contractor or subcontractor of any of these agencies;

      2. An early learning coalition, or a coalition’s or former coalition’s fiscal agent, service provider, contractor, or subcontractor;

      3. A school district’s or public school’s preschool program for children from birth until eligibility for admission to kindergarten in a public school under Section 1003.21(1)(a)2., F.S., if the coalition board member’s or coalition board member’s relative’s income was derived from employment in an elected or appointed position in the school district or public school which is responsible for:

      a. Financial decisions affecting the preschool program, including development of the program’s budget or disbursement of funds for the program;

      b. Recommendation or adoption of rules, regulations, or policies relating to the operation of any aspect of the preschool program;

      c. VPK or SR program instruction, curriculum development, or service delivery; or

      d. Management of the preschool program’s operations or personnel, or for personnel carrying out the responsibilities described in sub-subparagraphs (1)(e)3.a-c.;

      4. A public or private provider delivering the VPK Program;

      5. A public or private provider delivering an early learning coalition’s SR program;

      6. A national child care accrediting organization providing accreditation to Florida-based child care providers, public schools, or private schools;

      7. A Department of Education approved Gold Seal child care accrediting organization;

      8. An accrediting association that is a member of any of the organizations listed in subparagraph (1)(e)6. or (1)(e)7.;

      9. A vendor of educational materials or supplies, books, curricula, or equipment; and,

      10. An organization designed to represent any of the individuals, organizations, or business entities listed in subparagraph (1)(e)1.

2. (2) Private Sector Business Members. Each early learning coalition may appoint private sector business members. The number of seated private sector members and all voting and non-voting ex officio members shall not exceed thirty (30) total members.

3. (3) Criteria for appointing private sector business members. Including the members appointed by the Governor, private sector business members can represent either for-profit or nonprofit entities. Neither the members nor any of their relatives, as defined in Section 112.3143, F.S., may have a substantial financial interest in the design or delivery of the VPK or SR programs.

   1. (a) Prospective members must meet the definition of a private sector business member as defined in paragraph (1)(c). If the prospective member does not meet the definition, the early learning coalition may not make the appointment.

   2. (b) The coalition shall determine whether a prospective member has any interest in a business entity involved in designing or delivering the VPK or SR Program. A business entity is involved in designing or delivering the VPK Education Program or the coalition’s SR Program if it:

      1. Receives SR, VPK or Gold Seal Program funds directly or indirectly from the state or federal government as a recipient, subrecipient or vendor.

      2. Is an accrediting child care organization or any association or member thereof.

      3. Is a vendor of education books, curricula, equipment, supplies or materials.

      4. Is an organization designed to represent any of the individuals or organizations listed above.

   3. (c) If a prospective member has any interest in the design or delivery of the VPK or SR program, the early learning coalition shall determine if the interest is a substantial financial interest as defined in paragraph (1)(d). If the interest is substantial, the prospective member has a prohibited substantial financial interest and the coalition may not make the appointment.
   4. (d) If a prospective member meets the private sector board member definition and does not have a prohibited substantial financial interest, the coalition may make the appointment.

Rulemaking Authority 1002.83(6) FS. Law Implemented 1002.83(6) FS. History–New 3-29-15, Amended 5-3-22.