Florida Senate - 2008 (Reformatted) SB 500

By Senator Bullard

39-00507-08 2008500__

A bill to be entitled

An act relating to children's zones; creating s. 409.147,

F.S.; providing legislative findings and intent; providing

policy and purpose; providing definitions; providing a

process for nominating and selecting a children's zone;

providing for the governing body of a county or

municipality to adopt a resolution designating a

children's zone; specifying contents of the resolution;

requiring the governing body to establish a children's

zone planning team; providing powers and responsibilities

of the planning team; requiring the planning team to

designate working groups; specifying focus areas for the

working groups; providing for the development of a

strategic community plan; providing objectives for each

focus area; requiring the governing body to create a

corporation not for profit for specified purposes;

establishing the Magic City Children's Zone, Inc., pilot

project; providing for management by an entity organized

as a corporation not for profit; providing geographic

boundaries for the zone; providing for designation and

appointment of a board of directors; providing for

meetings and duties of the board of directors; providing

per diem and travel expenses; requiring the board to enter

into a contract to develop a business plan; providing for

reports to the Legislature; requiring the Department of

Children and Family Services to contract with certain

private nonprofit corporations for specified purposes;

requiring the corporation to implement the Magic City

Children's Zone, Inc., pilot project; providing

appropriations; providing an effective date.

WHEREAS, the State of Florida is often referred to as the

Sunshine State, a term that suggests warm weather, a carefree

lifestyle, and unlimited potential for nurturing hope and

realizing dreams for a fulfilling and productive life, and

WHEREAS, communities within the state suffering from fragile

infrastructures and multiple social ills are home to families for

whom those obstacles limit, or completely preclude, their ability

to create a good quality of life for themselves and for their

children, and

WHEREAS, a proposed community initiative known as a

children's zone, which is modeled after the long-established and

successful Harlem Children's Zone, seeks to change that

experience, and

WHEREAS, the initiative will be based on the belief that in

order to help children from troubled communities become healthy

adults and responsible, fulfilled members of their communities,

two things must happen: first, they must be surrounded by a

critical mass of adults who are effective parents engaged in

activities with their children; and second, early in their lives,

they must be exposed to sound health care, intellectual and

social stimulation, and consistent guidance from loving,

attentive adults, and

WHEREAS, the initiative seeks to establish a comprehensive,

community-based, coordinated, and targeted system of strategies

and services to revitalize communities with an increased sense of

culture, pride, and togetherness, to support parents, and to

provide comprehensive care for all children within the zone, NOW,

THEREFORE,

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 409.147, Florida Statutes, is created to

read:

409.147 Children's zones.--

(1) LEGISLATIVE FINDINGS AND INTENT.--

(a) The Legislature finds that:

1. There are neighborhoods in the state where the

infrastructure and opportunities that middle-class communities

take for granted are nonexistent or so marginal that they are

ineffective.

2. Children living in these neighborhoods are read to by an

adult on a regular basis and attend a prekindergarten education

program at a much lower rate than children in other communities.

These children experience below-average performance on

standardized tests and graduate from high school in fewer

numbers. Most of these children are eligible for the free or

reduced-price school lunch program.

3. Children in these neighborhoods often suffer from high

rates of asthma, a higher risk of lead poisoning, and inadequate

health care, and they are routinely exposed to violence and

crime.

4. In spite of these obstacles, these neighborhoods are

many times home to strong individuals and institutions that are

committed to making a difference in the lives of children and

their families.

(b) It is therefore the intent of the Legislature to assist

disadvantaged areas within the state in creating a community-

based service network that develops, coordinates, and provides

quality education, accessible health care, youth development

programs, opportunities for employment, and safe and affordable

housing for children and families living within its boundaries.

(2) POLICY AND PURPOSE.--It is the policy of this state to

provide the necessary means to assist local communities, the

children and families who live in those communities, and the

private sector in creating a sound educational, social, and

economic environment. To achieve this objective, the state

intends to provide investments sufficient to encourage community

partners to commit financial and other resources to severely

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disadvantaged areas. The purpose of this section is to establish

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a process that clearly identifies the severely disadvantaged

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areas and provides guidance for developing a new social service

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paradigm that systematically coordinates programs that address

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the critical needs of children and their families and for

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directing efforts to rebuild the basic infrastructure of the

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community. The Legislature, therefore, declares the creation of

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children's zones, through the collaborative efforts of government

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and the private sector, to be a public purpose.

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(3) DEFINITIONS.--As used in this section, the term:

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(a) "Governing body" means the commission or other

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legislative body charged with governing a county or municipality.

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(b) "Ounce" means the Ounce of Prevention Fund of Florida,

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Inc.

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established under this section.

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(d) "Resident" means a person who lives or operates a small

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community-based business or organization within the boundaries of

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the children's zone.

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(4) CHILDREN'S ZONE NOMINATING PROCESS.--A county or

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municipality, or a county and one or more municipalities

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together, may apply to Ounce to designate an area as a children's

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zone after the governing body:

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(a) Adopts a resolution that:

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1. Finds that an area exists in such county or

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municipality, or in the county and one or more municipalities,

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that chronically exhibits extreme and unacceptable levels of

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poverty, unemployment, physical deterioration, as well as limited

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access to quality educational, health care, and social services.

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2. Determines that the rehabilitation, conservation, or

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redevelopment, or a combination thereof, of the area is necessary

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in the interest of improving the health, wellness, education,

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living conditions, and livelihoods of the children and families

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who live in the county or municipality.

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3. Determines that the revitalization of the area can occur

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only if the state and the private sector invest resources to

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improve infrastructure and the provision of services.

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(b) Establishes a children's zone planning team as provided

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in subsection (5).

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provided in subsection (6).

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(d) Creates a corporation not for profit as provided in

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subsection (7).

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(5) CHILDREN'S ZONE PLANNING TEAM.--

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(a) After the governing body adopts the resolution

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described in subsection (4), the county or municipality shall

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establish a children's zone planning team.

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(b) The planning team shall include residents and

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representatives from community-based organizations and other

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community institutions. At least half of the members of the

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planning team must be residents.

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1. Develop a planning process that sets the direction for,

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builds a commitment to, and develops the capacity to realize the

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children's zone concept.

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2. Develop a vision of what the children's zone will look

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like when the challenges, problems, and opportunities in the

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children's zone are successfully addressed.

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3. Identify important opportunities, strengths, challenges,

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and problems in the children's zone.

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4. Develop a strategic community plan consisting of goals,

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objectives, tasks, the designation of responsible parties, the

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identification of resources needed, timelines for implementation

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of the plan, and procedures for monitoring outcomes.

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(d) The planning team shall designate working groups to

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specifically address each of the following focus areas:

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1. Early development and care of children.

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2. Education of children and youth.

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3. Health and wellness.

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4. Youth support.

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5. Parent and guardian support.

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6. Adult education, training, and jobs.

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7. Community safety.

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8. Housing and community development.

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(6) CHILDREN'S ZONE STRATEGIC COMMUNITY PLAN.--After the

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governing body adopts the resolution described in subsection (4),

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the working groups shall develop objectives and identify

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strategies for each focus area. The objectives, specified by

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focus area, for a working group may include, but not be limited

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to:

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(a) Early development and care of children.

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1. Providing resources to enable every child to be

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adequately nurtured during the first 3 years of life.

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2. Ensuring that all schools are ready for children and all

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children are ready for school.

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3. Facilitating enrollment in half-day or full-day

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prekindergarten for all 3-year-old and 4-year-old children.

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4. Strengthening parent and guardian relationships with

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care providers.

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5. Providing support and education for families and child

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care providers.

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(b) Education of children and youth.

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1. Increasing the level and degree of accountability of

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persons who are responsible for the development and well-being of

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all children in the children's zone.

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2. Changing the structure and function of schools to

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increase the quality and amount of time spent on instruction and

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increase programmatic options and offerings.

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3. Creating a safe and respectful environment for student

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learning.

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4. Identifying and supporting points of alignment between

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the children's zone community plan and the school district's

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strategic plan.

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1. Facilitating enrollment of all eligible children in the

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Florida Kidcare program and providing full access to high-quality

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drug and alcohol treatment services.

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2. Eliminating health disparities between racial and

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cultural groups, including improving outcomes and increasing

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interventions.

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3. Providing fresh, good quality, affordable, and

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nutritious food within the children's zone.

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4. Providing all children in the children's zone with

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access to safe structured and unstructured recreation.

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(d) Youth support.

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1. Increasing the high school graduation rate.

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2. Increasing leadership development and employment

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opportunities for youth.

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(e) Parent and guardian support.

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1. Increasing parent and adult literacy.

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2. Expanding access for parents to critical resources, such

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as jobs, transportation, day care, and after-school care.

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3. Improving the effectiveness of the ways in which support

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systems communicate and collaborate with parents and the ways in

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which parents communicate and collaborate with support systems.

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4. Making the services of the Healthy Families Florida

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program available to provide multiyear support to expectant

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parents and persons caring for infants and toddlers.

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(f) Adult education, training, and jobs.

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1. Creating job opportunities for adults that lead to

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career development.

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2. Establishing a career and technical school, or a

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satellite of such a school in the children's zone, which includes

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a one-stop career center.

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(g) Community safety.

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1. Providing a safe environment for all children at home,

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in school, and in the community.

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2. Eliminating the economic, political, and social forces

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that lead to a lack of safety within the family, the community,

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schools, and institutional structures.

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3. Assessing policies and practices, including sentencing,

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incarceration, detention, and data reporting, in order to reduce

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youth violence, crime, and recidivism.

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(h) Housing and community development.

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1. Strengthening the residential real estate market.

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2. Building on existing efforts to promote socioeconomic

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diversity when developing a comprehensive land use strategic

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plan.

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3. Promoting neighborhood beautification strategies.

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(7) CHILDREN'S ZONE CORPORATION.--After the governing body

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adopts the resolution described in subsection (4), the county or

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municipality shall create a corporation not for profit which

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shall be registered, incorporated, organized, and operated in

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compliance with chapter 617. The purpose of the corporation is to

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facilitate fundraising, to secure broad community ownership of

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the children's zone, and, if the area selected by the governing

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body is designated as a children's zone, to:

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(a) Begin to transfer responsibility for planning from the

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planning team to the corporation.

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(b) Begin the implementation and governance of the

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children's zone community plan.

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(8) CREATION OF MAGIC CITY CHILDREN'S ZONE, INC., PILOT

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PROJECT.--

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(a) There is created within the Liberty City neighborhood

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in Miami-Dade County a 10-year pilot project zone that, by

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November 1, 2008, shall be managed by an entity organized as a

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corporation not for profit which shall be registered,

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incorporated, organized, and operated in compliance with chapter

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617. The corporation shall be known as the Magic City Children's

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Zone, Inc., and shall be administratively housed within the

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Belafonte Tacolcy Center. However, Magic City Children's Zone,

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Inc., is not subject to control, supervision, or direction by the

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Belafonte Tacolcy Center in any manner. The Legislature

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determines, however, that public policy dictates that the

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corporation operate in the most open and accessible manner

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consistent with its public purpose. Therefore, the Legislature

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specifically declares that the corporation is subject to chapter

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119, relating to public records, chapter 286, relating to public

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meetings and records, and chapter 287, relating to procurement of

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commodities or contractual services.

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(b) This pilot project zone is designed to encompass an

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area that is large enough to include all of the necessary

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components of community life, including, but not limited to,

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schools, places of worship, recreational facilities, commercial

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areas, and common space, yet small enough to allow programs and

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services to reach every willing member of the neighborhood.

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Therefore, the geographic boundaries of the pilot project zone

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are:

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1. Northwest 79th Street to the north;

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2. Northwest 36th Street to the south;

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3. North Miami Avenue to the east; and

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4. Northwest 27th Avenue to the west.

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board of directors. The board of directors shall consist of the

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following members:

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a. The chief executive officer of the Belafonte Tacolcy

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Center.

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b. The executive director of the Carrie P. Meek

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Entrepreneurial Education Center, Miami-Dade College.

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c. The director of the Parks and Recreation Department of

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the City of Miami.

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d. The director of the Miami-Dade Cultural Arts Center.

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e. The chief executive officer of the Urban League of

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Greater Miami.

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f. The director of the Liberty City Service Partnership.

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g. The regional superintendent of the Miami-Dade County

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Public Schools.

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h. The president of the Student Government Association of

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Northwestern High School.

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i. The president of the Student Government Association of

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Edison High School.

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j. The president of the Parent Teacher Student Association

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of Northwestern High School.

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k. The president of the Parent Teacher Student Association

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of Edison High School.

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l. Four members from the local private business sector, to

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be appointed by a majority vote of the members designated in sub-

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subparagraphs a.-k., all of whom must have significant experience

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in one of the focus areas specified in subsection (6).

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2. All members of the board of directors shall be appointed

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no later than 90 days following the incorporation of the Magic

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City Children's Zone, Inc., and:

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a. Eleven members initially appointed pursuant to this

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paragraph shall each serve a 4-year term.

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b. The remaining initial four appointees shall each serve a

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2-year term.

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c. Each member appointed thereafter shall serve a 4-year

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term.

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d. A vacancy shall be filled in the same manner in which

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the original appointment was made, and a member appointed to fill

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a vacancy shall serve for the remainder of that term.

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e. A member may not serve more than 8 years in consecutive

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terms.

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3. The board of directors shall annually elect a

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chairperson and a vice chairperson from among the board's

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members. The members may, by a vote of eight members, remove a

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member from the position of chairperson or vice chairperson

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before the expiration of his or her term as chairperson or vice

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chairperson. His or her successor shall be elected to serve for

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the balance of the term of the chairperson or vice chairperson

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who was removed.

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4. The board of directors shall meet at least four times

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each year upon the call of the chairperson, at the request of the

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vice chairperson, or at the request of a majority of the

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membership. A majority of the membership constitutes a quorum.

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The board of directors may take official action by a majority

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vote of the members present at any meeting at which a quorum is

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present. The board may conduct its meetings through

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teleconferences or other similar means.

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5. A member of the board of directors may be removed by a

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majority of the membership. Absence from three consecutive

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meetings results in automatic removal.

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6. Each member of the board of directors shall serve

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without compensation but is entitled to reimbursement for per

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diem and travel expenses as provided in s. 112.061 while in the

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performance of his or her duties.

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7. The corporation shall create a standing advisory board

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to assist in any part of its delegated duties. The membership of

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the standing advisory board shall reflect the expertise necessary

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for the implementation of the children's zone pilot project.

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8. The board of directors has the power and duty to:

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a. Adopt articles of incorporation and bylaws necessary to

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govern its activities.

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b. Begin to transfer responsibility for planning from the

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children's zone planning team to the corporation.

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c. Begin the implementation and governance of the

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children's zone community plan.

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d. Enter into a contract with a management consultant who

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has experience working with social service and educational

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entities for the purpose of developing a 10-year comprehensive

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business plan to carry out the provisions of this section.

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(d) Magic City Children's Zone, Inc., shall submit an

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annual report to the President of the Senate and the Speaker of

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the House of Representatives by January 31, 2009, and by January

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31 of each year thereafter, which shall include a comprehensive

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and detailed report of its operations, activities, and

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accomplishments for the prior year as well as its goals for the

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current year. The initial report shall also include information

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concerning the status of the development of a business plan.

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Section 2. The Department of Children and Family Services

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shall contract with an existing private nonprofit corporation,

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incorporated for the purpose of identifying, funding, supporting,

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and evaluating programs and community initiatives to improve the

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development and life outcomes of children and to preserve and

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strengthen families with a primary emphasis on education and

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community support. The existing private nonprofit corporation

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shall implement the Magic City Children's Zone, Inc., pilot

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project.

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Section 3. The sum of $3.6 million in nonrecurring revenue

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is appropriated from the General Revenue Fund and the sum of

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$28,362 in nonrecurring revenue is appropriated from the Tobacco

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Settlement Trust Fund to the Department of Children and Families

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for the 2008-2009 fiscal year as a grant for a 3-year period for

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the purposes of implementing this act, which includes contracting

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with a nonprofit corporation for the development of a business

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plan and for the evaluation, fiscal management, and oversight of

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the pilot program.

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Section 4. This act shall take effect July 1, 2008.

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