Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS/HB 3, 1st Eng.
441814
Senate
Floor: WD/2R
4/24/2008 10:49 AM
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House
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Senator Bullard moved the following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Section 409.147, Florida Statutes, is created to
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read:
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409.147 Children's zones.--
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(1) LEGISLATIVE FINDINGS AND INTENT.--
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(a) The Legislature finds that:
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1. There are neighborhoods in the state where the
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infrastructure and opportunities that middle-class communities
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take for granted are nonexistent or so marginal that they are
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ineffective.
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2. Children living in these neighborhoods are read to by an
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adult on a regular basis and attend a prekindergarten education
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program at a much lower rate than children in other communities.
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These children experience below-average performance on
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standardized tests and graduate from high school in fewer
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numbers. Most of these children are eligible for the free or
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reduced-price school lunch program.
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3. Children in these neighborhoods often suffer from high
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rates of asthma, a higher risk of lead poisoning, and inadequate
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health care, and they are routinely exposed to violence and
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crime.
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4. In spite of these obstacles, these neighborhoods are
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many times home to strong individuals and institutions that are
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committed to making a difference in the lives of children and
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their families.
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(b) It is therefore the intent of the Legislature to assist
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disadvantaged areas within the state in creating a community-
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based service network that develops, coordinates, and provides
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quality education, accessible health care, youth development
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programs, opportunities for employment, and safe and affordable
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housing for children and families living within its boundaries.
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(2) POLICY AND PURPOSE.--It is the policy of this state to
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provide the necessary means to assist local communities, the
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children and families who live in those communities, and the
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private sector in creating a sound educational, social, and
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economic environment. To achieve this objective, the state
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intends to provide investments sufficient to encourage community
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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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(c) "Planning team" means a children's zone planning team
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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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(c) Develops and adopts a strategic community plan as
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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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(c) The planning team shall:
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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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(c) Health and wellness.
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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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(c)1. The corporation shall be governed by a 15-member
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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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(9) IMPLEMENTATION.--The implementation of this section is
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contingent upon a specific appropriation to provide a grant for a
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3-year period for the purpose of implementing this section, which
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includes contracting with a not-for-profit corporation for the
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development of a business plan and for the evaluation, fiscal
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management, and oversight of the Magic City Children's Zone,
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Inc., pilot project.
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Section 2. This act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to children's zones; creating s. 409.147,
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F.S.; providing legislative findings and intent; providing
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policy and purpose; providing definitions; providing a
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process for nominating and selecting a children's zone;
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providing for the governing body of a county or
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municipality to adopt a resolution designating a
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children's zone; specifying contents of the resolution;
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requiring the governing body to establish a children's
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zone planning team; providing powers and responsibilities
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of the planning team; requiring the planning team to
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designate working groups; specifying focus areas for the
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working groups; providing for the development of a
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strategic community plan; providing objectives for each
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focus area; requiring the governing body to create a
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corporation not for profit for specified purposes;
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establishing the Magic City Children's Zone, Inc., pilot
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project; providing for management by an entity organized
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as a corporation not for profit; providing geographic
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boundaries for the zone; providing for designation and
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appointment of a board of directors; providing for
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meetings and duties of the board of directors; providing
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per diem and travel expenses; requiring the board to enter
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into a contract to develop a business plan; providing for
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reports to the Legislature; providing for contingent
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implementation of the zone; providing an effective date.
4/23/2008 5:26:00 PM 39-08541-08
CODING: Words stricken are deletions; words underlined are additions.