CS/HB 3

1
A bill to be entitled
2An act relating to children's zones; creating s. 409.147,
3F.S.; providing legislative findings and intent; providing
4policy and purpose; providing definitions; providing a
5process for nominating and selecting a children's zone;
6providing for the governing body of a county or
7municipality to adopt a resolution designating a
8children's zone; specifying contents of the resolution;
9requiring the governing body to establish a children's
10zone planning team; providing powers and responsibilities
11of the planning team; requiring the planning team to
12designate working groups; specifying focus areas for the
13working groups; providing for the development of a
14strategic community plan; providing objectives for each
15focus area; requiring the governing body to create a
16corporation not for profit for specified purposes;
17establishing the Magic City Children's Zone, Inc., pilot
18project; providing for management by an entity organized
19as a corporation not for profit; providing geographic
20boundaries for the zone; providing for designation and
21appointment of a board of directors; providing for
22meetings and duties of the board of directors; providing
23per diem and travel expenses; requiring the board to enter
24into a contract to develop a business plan; providing for
25reports to the Legislature; establishing the Jacksonville
26Children's Zone pilot project; providing for management by
27an entity organized as a corporation not for profit;
28providing for a request for proposals process to identify
29an existing corporation to manage the zone; providing
30geographic boundaries for the zone; providing for an
31oversight committee; requiring the corporation to enter
32into a contract to develop a business plan; providing for
33reports to the Legislature; establishing the Orlando
34Children's Zone pilot project; providing for management by
35the City of Orlando or a not-for-profit corporation;
36providing geographic boundaries for the zone; providing
37for funding for the zone to be disbursed through a donor-
38advised fund; providing a definition; providing for
39advisory groups; providing for reports to the Legislature;
40requiring the Department of Children and Family Services
41to contract with certain private not-for-profit
42corporations for specified purposes; requiring the
43corporation to provide evaluation, fiscal management, and
44oversight of the Magic City Children's Zone, Inc., and the
45Jacksonville Children's Zone pilot projects; providing a
46contingent effective date.
47
48     WHEREAS, the State of Florida is often referred to as the
49Sunshine State, a term that suggests warm weather, a carefree
50lifestyle, and unlimited potential for nurturing hope and
51realizing dreams for a fulfilling and productive life, and
52     WHEREAS, communities within the state suffering from
53fragile infrastructures and multiple social ills are home to
54families for whom those obstacles limit, or completely preclude,
55their ability to create a good quality of life for themselves
56and for their children, and
57     WHEREAS, a proposed community initiative known as a
58children's zone, which is modeled after the long-established and
59successful Harlem Children's Zone, seeks to change that
60experience, and
61     WHEREAS, the initiative will be based on the belief that in
62order to help children from troubled communities become healthy
63adults and responsible, fulfilled members of their communities,
64two things must happen: first, they must be surrounded by a
65critical mass of adults who are effective parents engaged in
66activities with their children; and second, early in their
67lives, they must be exposed to sound health care, intellectual
68and social stimulation, and consistent guidance from loving,
69attentive adults, and
70     WHEREAS, the initiative seeks to establish a comprehensive,
71community-based, coordinated, and targeted system of strategies
72and services to revitalize communities with an increased sense
73of culture, pride, and togetherness, to support parents, and to
74provide comprehensive care for all children within the zone,
75NOW, THEREFORE,
76
77Be It Enacted by the Legislature of the State of Florida:
78
79     Section 1.  Section 409.147, Florida Statutes, is created
80to read:
81     409.147  Children's zones.--
82     (1)  LEGISLATIVE FINDINGS AND INTENT.--
83     (a)  The Legislature finds that:
84     1.  There are neighborhoods in the state where the
85infrastructure and opportunities that middle-class communities
86take for granted are nonexistent or so marginal that they are
87ineffective.
88     2.  Children living in these neighborhoods are read to by
89an adult on a regular basis and attend a prekindergarten
90education program at a much lower rate than children in other
91communities. These children experience below-average performance
92on standardized tests and graduate from high school in fewer
93numbers. Most of these children are eligible for the free or
94reduced-price school lunch program.
95     3.  Children in these neighborhoods often suffer from high
96rates of asthma, a higher risk of lead poisoning, and inadequate
97health care, and they are routinely exposed to violence and
98crime.
99     4.  In spite of these obstacles, these neighborhoods are
100many times home to strong individuals and institutions that are
101committed to making a difference in the lives of children and
102their families.
103     (b)  It is therefore the intent of the Legislature to
104assist disadvantaged areas within the state in creating a
105community-based service network that develops, coordinates, and
106provides quality education, accessible health care, youth
107development programs, opportunities for employment, and safe and
108affordable housing for children and families living within its
109boundaries.
110     (2)  POLICY AND PURPOSE.--It is the policy of this state to
111provide the necessary means to assist local communities, the
112children and families who live in those communities, and the
113private sector in creating a sound educational, social, and
114economic environment. To achieve this objective, the state
115intends to provide investments sufficient to encourage community
116partners to commit financial and other resources to severely
117disadvantaged areas. The purpose of this section is to establish
118a process that clearly identifies the severely disadvantaged
119areas and provides guidance for developing a new social service
120paradigm that systematically coordinates programs that address
121the critical needs of children and their families and for
122directing efforts to rebuild the basic infrastructure of the
123community. The Legislature, therefore, declares the creation of
124children's zones, through the collaborative efforts of
125government and the private sector, to be a public purpose.
126     (3)  DEFINITIONS.--As used in this section, the term:
127     (a)  "Governing body" means the commission or other
128legislative body charged with governing a county or
129municipality.
130     (b)  "Ounce" means the Ounce of Prevention Fund of Florida,
131Inc.
132     (c)  "Planning team" means a children's zone planning team
133established under this section.
134     (d)  "Resident" means a person who lives or operates a
135small community-based business or organization within the
136boundaries of the children's zone.
137     (4)  CHILDREN'S ZONE NOMINATING PROCESS.--A county or
138municipality, or a county and one or more municipalities
139together, may apply to the Ounce to designate an area as a
140children's zone after the governing body:
141     (a)  Adopts a resolution that:
142     1.  Finds that an area exists in such county or
143municipality, or in the county and one or more municipalities,
144that chronically exhibits extreme and unacceptable levels of
145poverty, unemployment, physical deterioration, as well as
146limited access to quality educational, health care, and social
147services.
148     2.  Determines that the rehabilitation, conservation, or
149redevelopment, or a combination thereof, of the area is
150necessary in the interest of improving the health, wellness,
151education, living conditions, and livelihoods of the children
152and families who live in the county or municipality.
153     3.  Determines that the revitalization of the area can
154occur only if the state and the private sector invest resources
155to improve infrastructure and the provision of services.
156     (b)  Establishes a children's zone planning team as
157provided in subsection (5).
158     (c)  Develops and adopts a strategic community plan as
159provided in subsection (6).
160     (d)  Creates a corporation not for profit as provided in
161subsection (7).
162     (5)  CHILDREN'S ZONE PLANNING TEAM.--
163     (a)  After the governing body adopts the resolution
164described in subsection (4), the county or municipality shall
165establish a children's zone planning team.
166     (b)  The planning team shall include residents and
167representatives from community-based organizations and other
168community institutions. At least half of the members of the
169planning team shall be residents.
170     (c)  The planning team shall:
171     1.  Develop a planning process that sets the direction for,
172builds a commitment to, and develops the capacity to realize the
173children's zone concept.
174     2.  Develop a vision of what the children's zone will look
175like when the challenges, problems, and opportunities in the
176children's zone are successfully addressed.
177     3.  Identify important opportunities, strengths,
178challenges, and problems in the children's zone.
179     4.  Develop a strategic community plan consisting of goals,
180objectives, tasks, the designation of responsible parties, the
181identification of resources needed, timelines for implementation
182of the plan, and procedures for monitoring outcomes.
183     (d)  The planning team shall designate working groups to
184specifically address each of the following focus areas:
185     1.  Early development and care of children.
186     2.  Education of children and youth.
187     3.  Health and wellness.
188     4.  Youth support.
189     5.  Parent and guardian support.
190     6.  Adult education, training, and jobs.
191     7.  Community safety.
192     8.  Housing and community development.
193     (6)  CHILDREN'S ZONE STRATEGIC COMMUNITY PLAN.--After the
194governing body adopts the resolution described in subsection
195(4), the working groups shall develop objectives and identify
196strategies for each focus area. The objectives, specified by
197focus area, for a working group may include, but not be limited
198to:
199     (a)  Early development and care of children.
200     1.  Providing resources to enable every child to be
201adequately nurtured during the first 3 years of life.
202     2.  Ensuring that all schools are ready for children and
203all children are ready for school.
204     3.  Facilitating enrollment in half-day or full-day
205prekindergarten for all 3-year old and 4-year old children.
206     4.  Strengthening parent and guardian relationships with
207care providers.
208     5.  Providing support and education for families and child
209care providers.
210     (b)  Education of children and youth.
211     1.  Increasing the level and degree of accountability of
212persons who are responsible for the development and well-being
213of all children in the children's zone.
214     2.  Changing the structure and function of schools to
215increase the quality and amount of time spent on instruction and
216increase programmatic options and offerings.
217     3.  Creating a safe and respectful environment for student
218learning.
219     4.  Identifying and supporting points of alignment between
220the children's zone community plan and the school district's
221strategic plan.
222     (c)  Health and wellness.
223     1.  Facilitating enrollment of all eligible children in the
224Florida Kidcare program and providing full access to high-
225quality drug and alcohol treatment services.
226     2.  Eliminating health disparities between racial and
227cultural groups, including improving outcomes and increasing
228interventions.
229     3.  Providing fresh, good quality, affordable, and
230nutritious food within the children's zone.
231     4.  Providing all children in the children's zone with
232access to safe structured and unstructured recreation.
233     (d)  Youth support.
234     1.  Increasing the high school graduation rate.
235     2.  Increasing leadership development and employment
236opportunities for youth.
237     (e)  Parent and guardian support.
238     1.  Increasing parent and adult literacy.
239     2.  Expanding access for parents to critical resources,
240such as jobs, transportation, day care, and after-school care.
241     3.  Improving the effectiveness of the ways in which
242support systems communicate and collaborate with parents and the
243ways in which parents communicate and collaborate with support
244systems.
245     4.  Making the services of the Healthy Families Florida
246program available to provide multiyear support to expectant
247parents and persons caring for infants and toddlers.
248     (f)  Adult education, training, and jobs.
249     1.  Creating job opportunities for adults that lead to
250career development.
251     2.  Establishing a career and technical school or a
252satellite of such a school in the children's zone that includes
253a one-stop career center.
254     (g)  Community safety.
255     1.  Providing a safe environment for all children at home,
256in school, and in the community.
257     2.  Eliminating the economic, political, and social forces
258that lead to a lack of safety within the family, the community,
259schools, and institutional structures.
260     3.  Assessing policies and practices, including sentencing,
261incarceration, detention, and data reporting, in order to reduce
262youth violence, crime, and recidivism.
263     (h)  Housing and community development.
264     1.  Strengthening the residential real estate market.
265     2.  Building on existing efforts to promote socioeconomic
266diversity when developing a comprehensive land use strategic
267plan.
268     3.  Promoting neighborhood beautification strategies.
269     (7)  CHILDREN'S ZONE CORPORATION.--After the governing body
270adopts the resolution described in subsection (4), the county or
271municipality shall create a corporation not for profit which
272shall be registered, incorporated, organized, and operated in
273compliance with chapter 617. The purpose of the corporation is
274to facilitate fundraising, to secure broad community ownership
275of the children's zone, and, if the area selected by the
276governing body is designated as a children's zone, to:
277     (a)  Begin to transfer responsibility for planning from the
278planning team to the corporation.
279     (b)  Begin the implementation and governance of the
280children's zone community plan.
281     (8)  CREATION OF MAGIC CITY CHILDREN'S ZONE, INC., PILOT
282PROJECT.--
283     (a)  There is created within the Liberty City neighborhood
284in Miami-Dade County a 10-year pilot project zone that, by
285November 1, 2008, shall be managed by an entity organized as a
286corporation not for profit which shall be registered,
287incorporated, organized, and operated in compliance with chapter
288617. The corporation shall be known as the Magic City Children's
289Zone, Inc., and shall be administratively housed within the
290Belafonte Tacolcy Center. However, Magic City Children's Zone,
291Inc., is not subject to control, supervision, or direction by
292the Belafonte Tacolcy Center in any manner. The Legislature
293determines, however, that public policy dictates that the
294corporation operate in the most open and accessible manner
295consistent with its public purpose. Therefore, the Legislature
296specifically declares that the corporation is subject to chapter
297119, relating to public records, chapter 286, relating to public
298meetings and records, and chapter 287, relating to procurement
299of commodities or contractual services.
300     (b)  This pilot project zone is designed to encompass an
301area that is large enough to include all of the necessary
302components of community life, including, but not limited to,
303schools, places of worship, recreational facilities, commercial
304areas, and common space, yet small enough to allow programs and
305services to reach every willing member of the neighborhood.
306Therefore, the geographic boundaries of the pilot project zone
307are:
308     1.  Northwest 79th Street to the north;
309     2.  Northwest 36th Street to the south;
310     3.  North Miami Avenue to the east; and
311     4.  Northwest 27th Avenue to the west.
312     (c)1.  The corporation shall be governed by a 15-member
313board of directors. The board of directors shall consist of the
314following members:
315     a.  The chief executive officer of the Belafonte Tacolcy
316Center.
317     b.  The executive director of the Carrie P. Meek
318Entrepreneurial Education Center, Miami-Dade College.
319     c.  The director of the Parks and Recreation Department of
320the City of Miami.
321     d.  The director of the Miami-Dade Cultural Arts Center.
322     e.  The chief executive officer of the Urban League of
323Greater Miami.
324     f.  The director of the Liberty City Service Partnership.
325     g.  The regional superintendent of the Miami-Dade County
326Public Schools.
327     h.  The president of the Student Government Association of
328Northwestern High School.
329     i.  The president of the Student Government Association of
330Edison High School.
331     j.  The president of the Parent Teacher Student Association
332of Northwestern High School.
333     k.  The president of the Parent Teacher Student Association
334of Edison High School.
335     l.  Four members from the local private business sector, to
336be appointed by a majority vote of the members designated in
337sub-subparagraphs a.-k., all of whom must have significant
338experience in one of the focus areas specified in subsection
339(6).
340     2.  All members of the board of directors shall be
341appointed no later than 90 days following the incorporation of
342the Magic City Children's Zone, Inc., and:
343     a.  Eleven members initially appointed pursuant to this
344paragraph shall each serve a 4-year term.
345     b.  The remaining initial four appointees shall each serve
346a 2-year term.
347     c.  Each member appointed thereafter shall serve a 4-year
348term.
349     d.  A vacancy shall be filled in the same manner in which
350the original appointment was made, and a member appointed to
351fill a vacancy shall serve for the remainder of that term.
352     e.  A member may not serve more than 8 years in consecutive
353terms.
354     3.  The board of directors shall annually elect a
355chairperson and a vice chairperson from among the board's
356members. The members may, by a vote of eight members, remove a
357member from the position of chairperson or vice chairperson
358before the expiration of his or her term as chairperson or vice
359chairperson. His or her successor shall be elected to serve for
360the balance of the term of the chairperson or vice chairperson
361who was removed.
362     4.  The board of directors shall meet at least four times
363each year upon the call of the chairperson, at the request of
364the vice chairperson, or at the request of a majority of the
365membership. A majority of the membership constitutes a quorum.
366The board of directors may take official action by a majority
367vote of the members present at any meeting at which a quorum is
368present. The board may conduct its meetings through
369teleconferences or other similar means.
370     5.  A member of the board of directors may be removed by a
371majority of the membership. Absence from three consecutive
372meetings results in automatic removal.
373     6.  Each member of the board of directors shall serve
374without compensation but is entitled to reimbursement for per
375diem and travel expenses as provided in s. 112.061 while in the
376performance of his or her duties.
377     7.  The corporation shall create a standing advisory board
378to assist in any part of its delegated duties. The membership of
379the standing advisory board shall reflect the expertise
380necessary for the implementation of the children's zone pilot
381project.
382     8.  The board of directors has the power and duty to:
383     a.  Adopt articles of incorporation and bylaws necessary to
384govern its activities.
385     b.  Begin to transfer responsibility for planning from the
386children's zone planning team to the corporation.
387     c.  Begin the implementation and governance of the
388children's zone community plan.
389     d.  Enter into a contract with a management consultant who
390has experience working with social service and educational
391entities for the purpose of developing a 10-year comprehensive
392business plan to carry out the provisions of this section.
393     (d)  Magic City Children's Zone, Inc., shall submit an
394annual report to the President of the Senate and the Speaker of
395the House of Representatives by January 31, 2009, and by January
39631 of each year thereafter, which shall include a comprehensive
397and detailed report of its operations, activities, and
398accomplishments for the prior year as well as its goals for the
399current year. The initial report shall also include information
400concerning the status of the development of a business plan.
401     (9)  CREATION OF JACKSONVILLE CHILDREN'S ZONE PILOT
402PROJECT.--
403     (a)  There is created within the Grand Park/New Town
404Neighborhood in the City of Jacksonville a 10-year-pilot project
405zone that, by November 1, 2008, shall be managed by an entity
406organized as a corporation not for profit which shall be
407registered, incorporated, organized, and operated in compliance
408with chapter 617. Notwithstanding the provisions of subsection
409(7), a request for proposals shall be issued to identify an
410existing qualified, not-for-profit corporation to implement the
411program. The Legislature determines, however, that public policy
412dictates that the corporation operate in the most open and
413accessible manner consistent with its public purpose. Therefore,
414the Legislature specifically declares that the corporation is
415subject to chapter 119, relating to public records, chapter 286,
416relating to public meetings and records, and chapter 287,
417relating to procurement of commodities or contractual services.
418     (b)  This pilot project zone is designed to encompass an
419area that is large enough to include all of the necessary
420components of community life, including, but not limited to,
421schools, places of worship, recreational facilities, commercial
422areas, and common space, yet small enough to allow programs and
423services to reach every willing member of the neighborhood.
424Therefore, the geographic boundaries of the pilot project zone
425are:
426     1.  West 21st Street to the north;
427     2.  West Beaver Street to the south;
428     3.  Myrtle Avenue, Kings Road, and Canal Street to the
429east; and
430     4.  Division Street and CSX Railroad to the west.
431     (c)  The Jacksonville Children's Zone shall be managed by
432the selected not-for-profit corporation.
433     (d)  The corporation shall enter into a contract with a
434management consultant who has experience working with social
435service and educational entities for the purpose of developing a
43610-year comprehensive business plan to carry out the provisions
437of this subsection.
438     (e)  To assist with such management, an oversight committee
439shall be created within the not-for-profit corporation that may
440include, but is not limited to, the following members:
441     1.  The president of Edward Waters College.
442     2.  The principal of Smart Pope Livingston Elementary
443School.
444     3.  The principal of Eugene Butler Middle School.
445     4.  The principal of Grand Park Alternative School.
446     5.  A representative of the Northwest Citizens Planning
447Advisory Committee, District 5.
448     6.  A business representative from the Jacksonville
449Children's Zone.
450     7.  A representative of a faith-based organization that
451operates in the Jacksonville Children's Zone.
452     8.  A youth member who lives in the Jacksonville Children's
453Zone.
454     9.  A parent or guardian who lives in the Jacksonville
455Children's Zone.
456     10.  The director of the Jacksonville Children's
457Commission.
458     11.  The director of the Recreation and Community Services
459Department of the City of Jacksonville.
460     12.  The director of the Duval County Health Department.
461     13.  A representative of the Department of Children and
462Family Services.
463     14.  Three additional members who may or may not live in
464the Jacksonville Children's Zone.
465     (f)  The Jacksonville Children's Zone shall submit an
466annual report to the President of the Senate and the Speaker of
467the House of Representatives by January 31, 2009, and by January
46831 of each year thereafter, which shall include a comprehensive
469and detailed report of operations, activities, and
470accomplishments for the prior year as well as its goals for the
471current year. The initial report shall also include information
472concerning the status of the development of a business plan.
473     (10)  CREATION OF ORLANDO CHILDREN'S ZONE PILOT PROJECT.--
474     (a)  There is created within the Parramore Heritage
475Community in the City of Orlando a 10-year-pilot project zone
476that shall be the Orlando Children's Zone, which shall be
477managed by the City of Orlando or a not-for-profit corporation
478designated by the City of Orlando to manage the pilot project
479and designated as a children's zone.
480     (b)  This pilot project zone encompasses a 1.4 square-mile
481community in which more than 2,000 children from birth to 18
482years of age reside and encompasses an area that is large enough
483to include all of the necessary components of community life,
484including , but not limited to, schools, places of worship,
485recreational facilities, commercial areas, and common space, yet
486small enough to allow programs and services to reach every
487willing member of the neighborhood. The geographic boundaries of
488the Orlando Children's Zone pilot project are:
489     1.  State Road 50 to the north;
490     2.  Gore Street to the south;
491     3.  Interstate 4 to the east; and
492     4.  Orange Blossom Trail to the west.
493     (c)  The Orlando Children's Zone pilot project shall be
494managed by the City of Orlando or a not-for-profit corporation
495designated by the City of Orlando to manage the pilot project.
496Pilot project funding shall be dispersed through a donor-advised
497fund. The term "donor-advised fund" means a management and
498investment vehicle for the receipt of charitable contributions,
499the assets of which are owned and held by a charitable not-for-
500profit corporation for distribution for such charitable purposes
501as determined by the entity establishing the fund.
502     (d)  The Orlando Children's Zone pilot project shall
503include, in an advisory capacity, representatives from business,
504governmental, and community groups operating within the Orlando
505Children's Zone pilot project boundaries.
506     (e)  The Orlando Children's Zone pilot project shall submit
507an annual report to the President of the Senate and the Speaker
508of the House of Representatives by January 31, 2009, and by
509January 31 of each year thereafter, which shall include a
510comprehensive and detailed report of operations, activities, and
511accomplishments for the prior year as well as its goals for the
512current year.
513     Section 2.  The Department of Children and Family Services
514shall contract with an existing private not-for-profit
515corporation incorporated for the purpose of identifying,
516funding, supporting, and evaluating programs and community
517initiatives to improve the development and life outcomes of
518children and to preserve and strengthen families with a primary
519emphasis on education and community support. The existing
520private not-for-profit corporation shall be responsible for the
521evaluation, fiscal management, and oversight of the Magic City
522Children's Zone, Inc., and the Jacksonville Children's Zone
523pilot projects.
524     Section 3.  This act shall take effect July 1, 2008,
525subject to a specific appropriation to provide a grant for a 3-
526year period for the purpose of implementing this act, which
527includes contracting with a not-for-profit corporation for the
528development of a business plan and for the evaluation, fiscal
529management, and oversight of the Magic City Children's Zone,
530Inc., and Jacksonville Children's Zone pilot projects.


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