Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/HB 3, 1st Eng.

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CHAMBER ACTION

Senate

Floor: 1/AD/2R

4/24/2008 11:56 AM

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House

Floor: C

5/1/2008 8:47 PM



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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.

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409.147, F.S.; providing legislative findings and

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intent; providing policy and purpose; providing

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definitions; providing a process for nominating and

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selecting a children's zone; providing for the

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governing body of a county or municipality to adopt a

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resolution designating a children's zone; specifying

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contents of the resolution; requiring the governing

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body to establish a children's zone planning team;

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providing powers and responsibilities of the planning

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team; requiring the planning team to designate working

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groups; specifying focus areas for the working groups;

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providing for the development of a strategic community

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plan; providing objectives for each focus area;

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requiring the governing body to create a corporation

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not for profit for specified purposes; establishing the

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Magic City Children's Zone, Inc., pilot project;

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providing for management by an entity organized as a

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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;

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providing per diem and travel expenses; requiring the

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board to enter into a contract to develop a business

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plan; providing for reports to the Legislature;

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providing for contingent implementation of the zone;

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providing an effective date.

4/24/2008  11:06:00 AM     39-08595-08

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