CS/HB 1041

1
A bill to be entitled
2An act relating to children's zones; creating s. 409.147,
3F.S.; providing legislative findings and intent; providing
4policy and purpose; providing definitions; providing a
5process for nominating and selecting a children's zone;
6providing for the governing body of a county or
7municipality to adopt a resolution designating a
8children's zone; specifying contents of the resolution;
9requiring the governing body to establish a children's
10zone planning team; providing powers and responsibilities
11of the planning team; requiring the planning team to
12designate working groups; specifying focus areas for the
13working groups; providing for the development of a
14strategic community plan; providing objectives for each
15focus area; requiring the governing body to create a
16corporation not for profit for specified purposes;
17establishing the Magic City Children's Zone, Inc., pilot
18project; providing for management by an entity organized
19as a corporation not for profit; providing geographic
20boundaries for the zone; providing for designation and
21appointment of a board of directors; providing for
22meetings and duties of the board of directors; providing
23per diem and travel expenses; requiring the board to enter
24into a contract to develop a business plan; providing for
25reports to the Legislature; providing appropriations;
26providing an effective date.
27
28     WHEREAS, the State of Florida is often referred to as the
29Sunshine State, a term that suggests warm weather, a carefree
30lifestyle, and unlimited potential for nurturing hope and
31realizing dreams for a fulfilling and productive life, and
32     WHEREAS, communities within the state suffering from
33fragile infrastructures and multiple social ills are home to
34families for whom those obstacles limit, or completely preclude,
35their ability to create a good quality of life for themselves
36and for their children, and
37     WHEREAS, a proposed community initiative known as a
38children's zone, which is modeled after the long-established and
39successful Harlem Children's Zone, seeks to change that
40experience, and
41     WHEREAS, the initiative will be based on the belief that in
42order to help children from troubled communities become healthy
43adults and responsible, fulfilled members of their communities,
44two things must happen: first, they must be surrounded by a
45critical mass of adults who are effective parents engaged in
46activities with their children; and second, early in their
47lives, they must be exposed to sound health care, intellectual
48and social stimulation, and consistent guidance from loving,
49attentive adults, and
50     WHEREAS, the initiative seeks to establish a comprehensive,
51community-based, coordinated, and targeted system of strategies
52and services to revitalize communities with an increased sense
53of culture, pride, and togetherness; to support parents; and to
54provide comprehensive care for all children within the zone,
55NOW, THEREFORE,
56
57Be It Enacted by the Legislature of the State of Florida:
58
59     Section 1.  Section 409.147, Florida Statutes, is created
60to read:
61     409.147  Children's zones.--
62     (1)  LEGISLATIVE FINDINGS AND INTENT.--
63     (a)  The Legislature finds that:
64     1.  There are neighborhoods in the state where the
65infrastructure and opportunities that middle-class communities
66take for granted are nonexistent or so marginal that they are
67ineffective.
68     2.  Children in these neighborhoods are read to by an adult
69on a regular basis and attend a prekindergarten education
70program at a much lower rate than children in other communities.
71The children experience below-average performance on
72standardized tests and graduate from high school in fewer
73numbers. Most children are eligible for the free or reduced-
74price school lunch program.
75     3.  Children in these neighborhoods often suffer from high
76rates of asthma, a higher risk of lead poisoning, and inadequate
77health care, and they are routinely exposed to violence and
78crime.
79     4.  In spite of these obstacles, these neighborhoods are
80many times home to strong individuals and institutions that are
81committed to making a difference in the lives of children and
82their families.
83     (b)  It is therefore the intent of the Legislature to
84assist disadvantaged areas within the state in creating a
85community-based service network that develops, coordinates, and
86provides quality education, accessible health care, youth
87development programs, opportunities for employment, and safe and
88affordable housing for children and families living within its
89boundaries.
90     (2)  POLICY AND PURPOSE.--It is the policy of this state to
91provide the necessary means to assist local communities, the
92children and families who live in those communities, and the
93private sector in creating a sound educational, social, and
94economic environment. To achieve this objective, the state
95intends to provide investments sufficient to encourage community
96partners to commit financial and other resources to severely
97disadvantaged areas. The purpose of this section is to establish
98a process that clearly identifies the severely disadvantaged
99areas and provides guidance for developing a new social service
100paradigm that systematically coordinates programs that address
101the critical needs of children and their families and for
102directing efforts to rebuild the basic infrastructure of the
103community. The Legislature, therefore, declares the creation of
104children's zones, through the collaborative efforts of
105government and the private sector, to be a public purpose.
106     (3)  DEFINITIONS.--As used in this section, the term:
107     (a)  "Governing body" means the commission or other
108legislative body charged with governing a county or
109municipality.
110     (b)  "Ounce" means the Ounce of Prevention Fund of Florida,
111Inc.
112     (c)  "Planning team" means a children's zone planning team
113established under this section.
114     (d)  "Resident" means a person who lives or operates a
115small community-based business or organization within the
116boundaries of the children's zone.
117     (4)  CHILDREN'S ZONE NOMINATING PROCESS.--A county or
118municipality, or a county and one or more municipalities
119together, may apply to Ounce to designate an area as a
120children's zone after the governing body:
121     (a)  Adopts a resolution that:
122     1.  Finds that an area exists in such county or
123municipality, or in the county and one or more municipalities,
124which chronically exhibits extreme and unacceptable levels of
125poverty, unemployment, physical deterioration, as well as
126limited access to quality educational, health care, and social
127services.
128     2.  Determines that the rehabilitation, conservation, or
129redevelopment, or a combination thereof, of the area is
130necessary in the interest of improving the health, wellness,
131education, living conditions, and livelihoods of the children
132and families who live in the county or municipality.
133     3.  Determines that the revitalization of the area can
134occur only if the state and the private sector invest resources
135to improve infrastructure and the provision of services.
136     (b)  Establishes a children's zone planning team as
137provided in subsection (5).
138     (c)  Develops and adopts a strategic community plan as
139provided in subsection (6).
140     (d)  Creates a corporation not for profit as provided in
141subsection (7).
142     (5)  CHILDREN'S ZONE PLANNING TEAM.--
143     (a)  After the governing body adopts the resolution
144described in subsection (4), the county or municipality shall
145establish a children's zone planning team.
146     (b)  The planning team shall include residents and
147representatives from community-based organizations and other
148community institutions. At least half of the members of the
149planning team shall be residents.
150     (c)  The planning team shall:
151     1.  Develop a planning process that sets the direction for,
152builds a commitment to, and develops the capacity to realize the
153children's zone concept.
154     2.  Develop a vision of what the children's zone will look
155like when the challenges, problems, and opportunities in the
156children's zone are successfully addressed.
157     3.  Identify important opportunities, strengths,
158challenges, and problems in the children's zone.
159     4.  Develop a strategic community plan consisting of goals,
160objectives, tasks, the designation of responsible parties, the
161identification of resources needed, timelines for implementation
162of the plan, and procedures for monitoring outcomes.
163     (d)  The planning team shall designate working groups to
164specifically address each of the following focus areas:
165     1.  Early development and care of children.
166     2.  Education of children and youth.
167     3.  Health and wellness.
168     4.  Youth support.
169     5.  Parent and guardian support.
170     6.  Adult education, training, and jobs.
171     7.  Community safety.
172     8.  Housing and community development.
173     (6)  CHILDREN'S ZONE STRATEGIC COMMUNITY PLAN.--After the
174governing body adopts the resolution described in subsection
175(4), the working groups shall develop objectives and identify
176strategies for each focus area. The objectives, specified by
177focus area, for a working group may include, but not be limited
178to:
179     (a)  Early development and care of children.
180     1.  Providing resources to enable every child to be
181adequately nurtured in the first 3 years of life.
182     2.  Ensuring that all schools are ready for children and
183all children are ready for school.
184     3.  Facilitating enrollment in half-day or full-day
185prekindergarten for all 3-year old and 4-year old children.
186     4.  Strengthening parent and guardian relationships with
187care providers.
188     5.  Providing support and education for families and child
189care providers.
190     (b)  Education of children and youth.
191     1.  Increasing the level and degree of accountability of
192persons who are responsible for the development and well-being
193of all children in the children's zone.
194     2.  Changing the structure and function of schools to
195increase the quality of and the amount of time spent on
196instruction and increase programmatic options and offerings.
197     3.  Creating a safe and respectful environment for student
198learning.
199     4.  Identifying and supporting points of alignment between
200the children's zone community plan and the school district's
201strategic plan.
202     (c)  Health and wellness.
203     1.  Facilitating enrollment of all eligible children in the
204Florida Kidcare program and providing full access to high-
205quality drug and alcohol treatment services.
206     2.  Eliminating health disparities between racial and
207cultural groups, including improving outcomes and increasing
208interventions.
209     3.  Providing fresh, good quality, affordable, and
210nutritious food within the children's zone.
211     4.  Providing all children in the children's zone with
212access to safe, structured, and unstructured recreation.
213     (d)  Youth support.
214     1.  Increasing the high school graduation rate.
215     2.  Increasing leadership development and employment
216opportunities for youth.
217     (e)  Parent and guardian support.
218     1.  Increasing parent and adult literacy.
219     2.  Expanding access for parents to critical resources,
220such as jobs, transportation, day care, and after-school care.
221     3.  Improving the effectiveness of the ways in which
222systems communicate and collaborate with parents and the ways in
223which parents communicate and collaborate with systems.
224     4.  Making the services of the Healthy Families Florida
225program available to provide multiyear support to expectant
226parents and persons caring for infants and toddlers.
227     (f)  Adult education, training, and jobs.
228     1.  Creating job opportunities for adults which lead to
229career development.
230     2.  Establishing a career and technical school or a
231satellite of such a school in the children's zone which includes
232a one-stop career center.
233     (g)  Community safety.
234     1.  Providing a safe environment for all children at home,
235in school, and in the community.
236     2.  Eliminating the economic, political, and social forces
237that lead to a lack of safety within the family, the community,
238schools, and institutional structures.
239     3.  Assessing policies and practices, including sentencing,
240incarceration, detention, and data reporting, in order to reduce
241youth violence, crime, and recidivism.
242     (h)  Housing and community development.
243     1.  Strengthening the residential real estate market.
244     2.  Building on existing efforts to promote socioeconomic
245diversity when developing a comprehensive land use strategic
246plan.
247     3.  Promoting neighborhood beautification strategies.
248     (7)  CHILDREN'S ZONE CORPORATION.--After the governing body
249adopts the resolution described in subsection (4), the county or
250municipality shall create a corporation not for profit which
251shall be registered, incorporated, organized, and operated in
252compliance with chapter 617. The purpose of the corporation is
253to facilitate fundraising, to secure broad community ownership
254of the children's zone, and, if the area selected by the
255governing body is designated as a children's zone, to:
256     (a)  Begin to transfer responsibility for planning from the
257children's zone planning team to the corporation.
258     (b)  Begin the implementation and governance of the
259children's zone community plan.
260     (8)  CREATION OF MAGIC CITY CHILDREN'S ZONE, INC., PILOT
261PROJECT.--
262     (a)  There is created within the Liberty City neighborhood
263in Miami-Dade County a 10-year pilot project zone that, by
264November 1, 2007, shall be managed by an entity organized as a
265corporation not for profit which shall be registered,
266incorporated, organized, and operated in compliance with chapter
267617. The corporation shall be known as the Magic City Children's
268Zone, Inc., and shall be administratively housed within the
269Belafonte Tacolcy Center. However, Magic City Children's Zone,
270Inc., is not subject to control, supervision, or direction by
271the Belafonte Tacolcy Center in any manner.
272     (b)  This pilot project zone is designed to apply to an
273area that is large enough to include all of the necessary
274components of community life, including, but not limited to,
275schools, places of worship, recreational facilities, commercial
276areas, and common space, yet small enough to allow programs and
277services to reach every willing member of the neighborhood.
278Therefore, the geographic boundaries of the pilot project zone
279are:
280     1.  Northwest 79th Street to the north;
281     2.  Northwest 36th Street to the south;
282     3.  North Miami Avenue to the east; and
283     4.  Northwest 27th Avenue to the west.
284     (c)1.  The corporation shall be governed by a 15-member
285board of directors. The board of directors shall consist of the
286following members:
287     a.  The chief executive officer of the Belafonte Tacolcy
288Center.
289     b.  The executive director of the Carrie P. Meek
290Entrepreneurial Education Center, Miami-Dade College.
291     c.  The director of the Parks and Recreation Department of
292the City of Miami.
293     d.  The director of the Miami-Dade Cultural Arts Center.
294     e.  The chief executive officer of the Urban League of
295Greater Miami.
296     f.  The director of the Liberty City Service Partnership.
297     g.  The regional superintendent of the Miami-Dade County
298Public Schools.
299     h.  The president of the Student Government Association of
300Northwestern High School.
301     i.  The president of the Student Government Association of
302Edison High School.
303     j.  The president of the Parent Teacher Student Association
304of Northwestern High School.
305     k.  The president of the Parent Teacher Student Association
306of Edison High School.
307     l.  Four members from the local private business sector, to
308be appointed by a majority vote of the members designated in
309sub-subparagraphs a.-k., all of whom must have significant
310experience in one of the focus areas specified in subsection
311(6).
312     2.  All members of the board of directors shall be
313appointed no later than 90 days following the incorporation of
314the Magic City Children's Zone, Inc., and:
315     a.  Eleven members initially appointed pursuant to this
316paragraph shall each serve a 4-year term.
317     b.  The remaining initial four appointees shall each serve
318a 2-year term.
319     c.  Each member appointed thereafter shall serve a 4-year
320term.
321     d.  A vacancy shall be filled in the same manner in which
322the original appointment was made, and a member appointed to
323fill a vacancy shall serve for the remainder of that term.
324     e.  A member may not serve more than 8 years in consecutive
325terms.
326     3.  The board of directors shall annually elect a
327chairperson and a vice chairperson from among the board's
328members. The members may, by a vote of eight members, remove a
329member from the position of chairperson or vice chairperson
330before the expiration of his or her term as chairperson or vice
331chairperson. His or her successor shall be elected to serve for
332the balance of the removed chairperson's or vice chairperson's
333term.
334     4.  The board of directors shall meet at least four times
335each year upon the call of the chairperson, at the request of
336the vice chairperson, or at the request of a majority of the
337membership. A majority of the membership constitutes a quorum.
338The board of directors may take official action by a majority
339vote of the members present at any meeting at which a quorum is
340present. The board may conduct its meetings through
341teleconferences or other similar means.
342     5.  A member of the board of directors may be removed by a
343majority of the membership. Absence from three consecutive
344meetings results in automatic removal.
345     6.  Each member of the board of directors shall serve
346without compensation but is entitled to reimbursement for travel
347and per diem expenses as provided in s. 112.061 while in the
348performance of his or her duties.
349     7.  The corporation shall create a standing advisory board
350to assist in any part of its delegated duties. The membership of
351the standing advisory board shall reflect the expertise
352necessary for the implementation of the children's zone pilot
353project.
354     8.  The board of directors has the power and duty to:
355     a.  Adopt articles of incorporation and bylaws necessary to
356govern its activities.
357     b.  Begin to transfer responsibility for planning from the
358children's zone planning team to the corporation.
359     c.  Begin the implementation and governance of the
360children's zone community plan.
361     d.  Enter into a contract with a management consultant who
362has experience working with social service and educational
363entities for the purpose of developing a 10-year comprehensive
364business plan to carry out the provisions of this section.
365     (d)  Magic City Children's Zone, Inc., shall submit an
366annual report to the President of the Senate and the Speaker of
367the House of Representatives by January 31, 2008, and by January
36831 of each year thereafter, which shall include a comprehensive
369and detailed report of its operations, activities, and
370accomplishments for the prior year as well as its goals for the
371current year. The initial report shall also include information
372concerning the status of the development of a business plan.
373     Section 2.  The sum of $3.6 million in nonrecurring revenue
374is appropriated from the General Revenue Fund and the sum of
375$28,362 in nonrecurring revenue is appropriated from the
376Department of Children and Family Services Tobacco Settlement
377Trust Fund to the Ounce of Prevention Fund of Florida, Inc.,
378during the 2007-2008 fiscal year as a grant for a 3-year period
379for the purpose of implementing the provisions of this act.
380     Section 3.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.