CS/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; requiring the Department of
26Children and Family Services to contract with certain
27private nonprofit corporations for specified purposes;
28requiring the corporation to implement the Magic City
29Children's Zone Pilot Project; providing appropriations;
30providing an effective date.
31
32     WHEREAS, the State of Florida is often referred to as the
33Sunshine State, a term that suggests warm weather, a carefree
34lifestyle, and unlimited potential for nurturing hope and
35realizing dreams for a fulfilling and productive life, and
36     WHEREAS, communities within the state suffering from
37fragile infrastructures and multiple social ills are home to
38families for whom those obstacles limit, or completely preclude,
39their ability to create a good quality of life for themselves
40and for their children, and
41     WHEREAS, a proposed community initiative known as a
42children's zone, which is modeled after the long-established and
43successful Harlem Children's Zone, seeks to change that
44experience, and
45     WHEREAS, the initiative will be based on the belief that in
46order to help children from troubled communities become healthy
47adults and responsible, fulfilled members of their communities,
48two things must happen: first, they must be surrounded by a
49critical mass of adults who are effective parents engaged in
50activities with their children; and second, early in their
51lives, they must be exposed to sound health care, intellectual
52and social stimulation, and consistent guidance from loving,
53attentive adults, and
54     WHEREAS, the initiative seeks to establish a comprehensive,
55community-based, coordinated, and targeted system of strategies
56and services to revitalize communities with an increased sense
57of culture, pride, and togetherness; to support parents; and to
58provide comprehensive care for all children within the zone,
59NOW, THEREFORE,
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Section 409.147, Florida Statutes, is created
64to read:
65     409.147  Children's zones.--
66     (1)  LEGISLATIVE FINDINGS AND INTENT.--
67     (a)  The Legislature finds that:
68     1.  There are neighborhoods in the state where the
69infrastructure and opportunities that middle-class communities
70take for granted are nonexistent or so marginal that they are
71ineffective.
72     2.  Children in these neighborhoods are read to by an adult
73on a regular basis and attend a prekindergarten education
74program at a much lower rate than children in other communities.
75The children experience below-average performance on
76standardized tests and graduate from high school in fewer
77numbers. Most children are eligible for the free or reduced-
78price school lunch program.
79     3.  Children in these neighborhoods often suffer from high
80rates of asthma, a higher risk of lead poisoning, and inadequate
81health care, and they are routinely exposed to violence and
82crime.
83     4.  In spite of these obstacles, these neighborhoods are
84many times home to strong individuals and institutions that are
85committed to making a difference in the lives of children and
86their families.
87     (b)  It is therefore the intent of the Legislature to
88assist disadvantaged areas within the state in creating a
89community-based service network that develops, coordinates, and
90provides quality education, accessible health care, youth
91development programs, opportunities for employment, and safe and
92affordable housing for children and families living within its
93boundaries.
94     (2)  POLICY AND PURPOSE.--It is the policy of this state to
95provide the necessary means to assist local communities, the
96children and families who live in those communities, and the
97private sector in creating a sound educational, social, and
98economic environment. To achieve this objective, the state
99intends to provide investments sufficient to encourage community
100partners to commit financial and other resources to severely
101disadvantaged areas. The purpose of this section is to establish
102a process that clearly identifies the severely disadvantaged
103areas and provides guidance for developing a new social service
104paradigm that systematically coordinates programs that address
105the critical needs of children and their families and for
106directing efforts to rebuild the basic infrastructure of the
107community. The Legislature, therefore, declares the creation of
108children's zones, through the collaborative efforts of
109government and the private sector, to be a public purpose.
110     (3)  DEFINITIONS.--As used in this section, the term:
111     (a)  "Governing body" means the commission or other
112legislative body charged with governing a county or
113municipality.
114     (b)  "Ounce" means the Ounce of Prevention Fund of Florida,
115Inc.
116     (c)  "Planning team" means a children's zone planning team
117established under this section.
118     (d)  "Resident" means a person who lives or operates a
119small community-based business or organization within the
120boundaries of the children's zone.
121     (4)  CHILDREN'S ZONE NOMINATING PROCESS.--A county or
122municipality, or a county and one or more municipalities
123together, may apply to Ounce to designate an area as a
124children's zone after the governing body:
125     (a)  Adopts a resolution that:
126     1.  Finds that an area exists in such county or
127municipality, or in the county and one or more municipalities,
128which chronically exhibits extreme and unacceptable levels of
129poverty, unemployment, physical deterioration, as well as
130limited access to quality educational, health care, and social
131services.
132     2.  Determines that the rehabilitation, conservation, or
133redevelopment, or a combination thereof, of the area is
134necessary in the interest of improving the health, wellness,
135education, living conditions, and livelihoods of the children
136and families who live in the county or municipality.
137     3.  Determines that the revitalization of the area can
138occur only if the state and the private sector invest resources
139to improve infrastructure and the provision of services.
140     (b)  Establishes a children's zone planning team as
141provided in subsection (5).
142     (c)  Develops and adopts a strategic community plan as
143provided in subsection (6).
144     (d)  Creates a corporation not for profit as provided in
145subsection (7).
146     (5)  CHILDREN'S ZONE PLANNING TEAM.--
147     (a)  After the governing body adopts the resolution
148described in subsection (4), the county or municipality shall
149establish a children's zone planning team.
150     (b)  The planning team shall include residents and
151representatives from community-based organizations and other
152community institutions. At least half of the members of the
153planning team shall be residents.
154     (c)  The planning team shall:
155     1.  Develop a planning process that sets the direction for,
156builds a commitment to, and develops the capacity to realize the
157children's zone concept.
158     2.  Develop a vision of what the children's zone will look
159like when the challenges, problems, and opportunities in the
160children's zone are successfully addressed.
161     3.  Identify important opportunities, strengths,
162challenges, and problems in the children's zone.
163     4.  Develop a strategic community plan consisting of goals,
164objectives, tasks, the designation of responsible parties, the
165identification of resources needed, timelines for implementation
166of the plan, and procedures for monitoring outcomes.
167     (d)  The planning team shall designate working groups to
168specifically address each of the following focus areas:
169     1.  Early development and care of children.
170     2.  Education of children and youth.
171     3.  Health and wellness.
172     4.  Youth support.
173     5.  Parent and guardian support.
174     6.  Adult education, training, and jobs.
175     7.  Community safety.
176     8.  Housing and community development.
177     (6)  CHILDREN'S ZONE STRATEGIC COMMUNITY PLAN.--After the
178governing body adopts the resolution described in subsection
179(4), the working groups shall develop objectives and identify
180strategies for each focus area. The objectives, specified by
181focus area, for a working group may include, but not be limited
182to:
183     (a)  Early development and care of children.
184     1.  Providing resources to enable every child to be
185adequately nurtured in the first 3 years of life.
186     2.  Ensuring that all schools are ready for children and
187all children are ready for school.
188     3.  Facilitating enrollment in half-day or full-day
189prekindergarten for all 3-year old and 4-year old children.
190     4.  Strengthening parent and guardian relationships with
191care providers.
192     5.  Providing support and education for families and child
193care providers.
194     (b)  Education of children and youth.
195     1.  Increasing the level and degree of accountability of
196persons who are responsible for the development and well-being
197of all children in the children's zone.
198     2.  Changing the structure and function of schools to
199increase the quality of and the amount of time spent on
200instruction and increase programmatic options and offerings.
201     3.  Creating a safe and respectful environment for student
202learning.
203     4.  Identifying and supporting points of alignment between
204the children's zone community plan and the school district's
205strategic plan.
206     (c)  Health and wellness.
207     1.  Facilitating enrollment of all eligible children in the
208Florida Kidcare program and providing full access to high-
209quality drug and alcohol treatment services.
210     2.  Eliminating health disparities between racial and
211cultural groups, including improving outcomes and increasing
212interventions.
213     3.  Providing fresh, good quality, affordable, and
214nutritious food within the children's zone.
215     4.  Providing all children in the children's zone with
216access to safe, structured, and unstructured recreation.
217     (d)  Youth support.
218     1.  Increasing the high school graduation rate.
219     2.  Increasing leadership development and employment
220opportunities for youth.
221     (e)  Parent and guardian support.
222     1.  Increasing parent and adult literacy.
223     2.  Expanding access for parents to critical resources,
224such as jobs, transportation, day care, and after-school care.
225     3.  Improving the effectiveness of the ways in which
226systems communicate and collaborate with parents and the ways in
227which parents communicate and collaborate with systems.
228     4.  Making the services of the Healthy Families Florida
229program available to provide multiyear support to expectant
230parents and persons caring for infants and toddlers.
231     (f)  Adult education, training, and jobs.
232     1.  Creating job opportunities for adults which lead to
233career development.
234     2.  Establishing a career and technical school or a
235satellite of such a school in the children's zone which includes
236a one-stop career center.
237     (g)  Community safety.
238     1.  Providing a safe environment for all children at home,
239in school, and in the community.
240     2.  Eliminating the economic, political, and social forces
241that lead to a lack of safety within the family, the community,
242schools, and institutional structures.
243     3.  Assessing policies and practices, including sentencing,
244incarceration, detention, and data reporting, in order to reduce
245youth violence, crime, and recidivism.
246     (h)  Housing and community development.
247     1.  Strengthening the residential real estate market.
248     2.  Building on existing efforts to promote socioeconomic
249diversity when developing a comprehensive land use strategic
250plan.
251     3.  Promoting neighborhood beautification strategies.
252     (7)  CHILDREN'S ZONE CORPORATION.--After the governing body
253adopts the resolution described in subsection (4), the county or
254municipality shall create a corporation not for profit which
255shall be registered, incorporated, organized, and operated in
256compliance with chapter 617. The purpose of the corporation is
257to facilitate fundraising, to secure broad community ownership
258of the children's zone, and, if the area selected by the
259governing body is designated as a children's zone, to:
260     (a)  Begin to transfer responsibility for planning from the
261children's zone planning team to the corporation.
262     (b)  Begin the implementation and governance of the
263children's zone community plan.
264     (8)  CREATION OF MAGIC CITY CHILDREN'S ZONE, INC., PILOT
265PROJECT.--
266     (a)  There is created within the Liberty City neighborhood
267in Miami-Dade County a 10-year pilot project zone that, by
268November 1, 2007, shall be managed by an entity organized as a
269corporation not for profit which shall be registered,
270incorporated, organized, and operated in compliance with chapter
271617. The corporation shall be known as the Magic City Children's
272Zone, Inc., and shall be administratively housed within the
273Belafonte Tacolcy Center. However, Magic City Children's Zone,
274Inc., is not subject to control, supervision, or direction by
275the Belafonte Tacolcy Center in any manner. The Legislature
276determines, however, that public policy dictates that the
277corporation operate in the most open and accessible manner
278consistent with its public purpose. Therefore, the Legislature
279specifically declares that the corporation is subject to chapter
280119 relating to public records, chapter 286 relating to public
281meetings and records, and chapter 287 relating to procurement of
282commodities or contractual services.
283     (b)  This pilot project zone is designed to apply to an
284area that is large enough to include all of the necessary
285components of community life, including, but not limited to,
286schools, places of worship, recreational facilities, commercial
287areas, and common space, yet small enough to allow programs and
288services to reach every willing member of the neighborhood.
289Therefore, the geographic boundaries of the pilot project zone
290are:
291     1.  Northwest 79th Street to the north;
292     2.  Northwest 36th Street to the south;
293     3.  North Miami Avenue to the east; and
294     4.  Northwest 27th Avenue to the west.
295     (c)1.  The corporation shall be governed by a 15-member
296board of directors. The board of directors shall consist of the
297following members:
298     a.  The chief executive officer of the Belafonte Tacolcy
299Center.
300     b.  The executive director of the Carrie P. Meek
301Entrepreneurial Education Center, Miami-Dade College.
302     c.  The director of the Parks and Recreation Department of
303the City of Miami.
304     d.  The director of the Miami-Dade Cultural Arts Center.
305     e.  The chief executive officer of the Urban League of
306Greater Miami.
307     f.  The director of the Liberty City Service Partnership.
308     g.  The regional superintendent of the Miami-Dade County
309Public Schools.
310     h.  The president of the Student Government Association of
311Northwestern High School.
312     i.  The president of the Student Government Association of
313Edison High School.
314     j.  The president of the Parent Teacher Student Association
315of Northwestern High School.
316     k.  The president of the Parent Teacher Student Association
317of Edison High School.
318     l.  Four members from the local private business sector, to
319be appointed by a majority vote of the members designated in
320sub-subparagraphs a.-k., all of whom must have significant
321experience in one of the focus areas specified in subsection
322(6).
323     2.  All members of the board of directors shall be
324appointed no later than 90 days following the incorporation of
325the Magic City Children's Zone, Inc., and:
326     a.  Eleven members initially appointed pursuant to this
327paragraph shall each serve a 4-year term.
328     b.  The remaining initial four appointees shall each serve
329a 2-year term.
330     c.  Each member appointed thereafter shall serve a 4-year
331term.
332     d.  A vacancy shall be filled in the same manner in which
333the original appointment was made, and a member appointed to
334fill a vacancy shall serve for the remainder of that term.
335     e.  A member may not serve more than 8 years in consecutive
336terms.
337     3.  The board of directors shall annually elect a
338chairperson and a vice chairperson from among the board's
339members. The members may, by a vote of eight members, remove a
340member from the position of chairperson or vice chairperson
341before the expiration of his or her term as chairperson or vice
342chairperson. His or her successor shall be elected to serve for
343the balance of the removed chairperson's or vice chairperson's
344term.
345     4.  The board of directors shall meet at least four times
346each year upon the call of the chairperson, at the request of
347the vice chairperson, or at the request of a majority of the
348membership. A majority of the membership constitutes a quorum.
349The board of directors may take official action by a majority
350vote of the members present at any meeting at which a quorum is
351present. The board may conduct its meetings through
352teleconferences or other similar means.
353     5.  A member of the board of directors may be removed by a
354majority of the membership. Absence from three consecutive
355meetings results in automatic removal.
356     6.  Each member of the board of directors shall serve
357without compensation but is entitled to reimbursement for travel
358and per diem expenses as provided in s. 112.061 while in the
359performance of his or her duties.
360     7.  The corporation shall create a standing advisory board
361to assist in any part of its delegated duties. The membership of
362the standing advisory board shall reflect the expertise
363necessary for the implementation of the children's zone pilot
364project.
365     8.  The board of directors has the power and duty to:
366     a.  Adopt articles of incorporation and bylaws necessary to
367govern its activities.
368     b.  Begin to transfer responsibility for planning from the
369children's zone planning team to the corporation.
370     c.  Begin the implementation and governance of the
371children's zone community plan.
372     d.  Enter into a contract with a management consultant who
373has experience working with social service and educational
374entities for the purpose of developing a 10-year comprehensive
375business plan to carry out the provisions of this section.
376     (d)  Magic City Children's Zone, Inc., shall submit an
377annual report to the President of the Senate and the Speaker of
378the House of Representatives by January 31, 2008, and by January
37931 of each year thereafter, which shall include a comprehensive
380and detailed report of its operations, activities, and
381accomplishments for the prior year as well as its goals for the
382current year. The initial report shall also include information
383concerning the status of the development of a business plan.
384     Section 2.  The Department of Children and Family Services
385shall contract with an existing private nonprofit corporation,
386incorporated for the purpose of identifying, funding,
387supporting, and evaluating programs and community initiatives to
388improve the development and life outcomes of children and to
389preserve and strengthen families with a primary emphasis on
390education and community support. The existing private nonprofit
391corporation shall implement the Magic City Children's Zone Pilot
392Project.
393     Section 3.  The sum of $3.6 million in nonrecurring funds
394is appropriated from the General Revenue Fund and the sum of
395$28,362 in nonrecurring funds is appropriated from the Tobacco
396Settlement Trust Fund to the Department of Children and Families
397during the 2007-2008 as a grant for a 3-year period for the
398purposes of implementing the provisions of this act, which
399includes contracting with a nonprofit corporation for the
400development of a business plan and for the evaluation, fiscal
401management and oversight of the pilot program.
402     Section 4.  This act shall take effect July 1, 2007.  


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