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; providing for contingent
26implementation of the zone; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 409.147, Florida Statutes, is created
31to read:
32     409.147  Children's zones.--
33     (1)  LEGISLATIVE FINDINGS AND INTENT.--
34     (a)  The Legislature finds that:
35     1.  There are neighborhoods in the state where the
36infrastructure and opportunities that middle-class communities
37take for granted are nonexistent or so marginal that they are
38ineffective.
39     2.  Children living in these neighborhoods are read to by
40an adult on a regular basis and attend a prekindergarten
41education program at a much lower rate than children in other
42communities. These children experience below-average performance
43on standardized tests and graduate from high school in fewer
44numbers. Most of these children are eligible for the free or
45reduced-price school lunch program.
46     3.  Children in these neighborhoods often suffer from high
47rates of asthma, a higher risk of lead poisoning, and inadequate
48health care, and they are routinely exposed to violence and
49crime.
50     4.  In spite of these obstacles, these neighborhoods are
51many times home to strong individuals and institutions that are
52committed to making a difference in the lives of children and
53their families.
54     (b)  It is therefore the intent of the Legislature to
55assist disadvantaged areas within the state in creating a
56community-based service network that develops, coordinates, and
57provides quality education, accessible health care, youth
58development programs, opportunities for employment, and safe and
59affordable housing for children and families living within its
60boundaries.
61     (2)  POLICY AND PURPOSE.--It is the policy of this state to
62provide the necessary means to assist local communities, the
63children and families who live in those communities, and the
64private sector in creating a sound educational, social, and
65economic environment. To achieve this objective, the state
66intends to provide investments sufficient to encourage community
67partners to commit financial and other resources to severely
68disadvantaged areas. The purpose of this section is to establish
69a process that clearly identifies the severely disadvantaged
70areas and provides guidance for developing a new social service
71paradigm that systematically coordinates programs that address
72the critical needs of children and their families and for
73directing efforts to rebuild the basic infrastructure of the
74community. The Legislature, therefore, declares the creation of
75children's zones, through the collaborative efforts of
76government and the private sector, to be a public purpose.
77     (3)  DEFINITIONS.--As used in this section, the term:
78     (a)  "Governing body" means the commission or other
79legislative body charged with governing a county or
80municipality.
81     (b)  "Ounce" means the Ounce of Prevention Fund of Florida,
82Inc.
83     (c)  "Planning team" means a children's zone planning team
84established under this section.
85     (d)  "Resident" means a person who lives or operates a
86small community-based business or organization within the
87boundaries of the children's zone.
88     (4)  CHILDREN'S ZONE NOMINATING PROCESS.--A county or
89municipality, or a county and one or more municipalities
90together, may apply to Ounce to designate an area as a
91children's zone after the governing body:
92     (a)  Adopts a resolution that:
93     1.  Finds that an area exists in such county or
94municipality, or in the county and one or more municipalities,
95that chronically exhibits extreme and unacceptable levels of
96poverty, unemployment, physical deterioration, as well as
97limited access to quality educational, health care, and social
98services.
99     2.  Determines that the rehabilitation, conservation, or
100redevelopment, or a combination thereof, of the area is
101necessary in the interest of improving the health, wellness,
102education, living conditions, and livelihoods of the children
103and families who live in the county or municipality.
104     3.  Determines that the revitalization of the area can
105occur only if the state and the private sector invest resources
106to improve infrastructure and the provision of services.
107     (b)  Establishes a children's zone planning team as
108provided in subsection (5).
109     (c)  Develops and adopts a strategic community plan as
110provided in subsection (6).
111     (d)  Creates a corporation not for profit as provided in
112subsection (7).
113     (5)  CHILDREN'S ZONE PLANNING TEAM.--
114     (a)  After the governing body adopts the resolution
115described in subsection (4), the county or municipality shall
116establish a children's zone planning team.
117     (b)  The planning team shall include residents and
118representatives from community-based organizations and other
119community institutions. At least half of the members of the
120planning team must be residents.
121     (c)  The planning team shall:
122     1.  Develop a planning process that sets the direction for,
123builds a commitment to, and develops the capacity to realize the
124children's zone concept.
125     2.  Develop a vision of what the children's zone will look
126like when the challenges, problems, and opportunities in the
127children's zone are successfully addressed.
128     3.  Identify important opportunities, strengths,
129challenges, and problems in the children's zone.
130     4.  Develop a strategic community plan consisting of goals,
131objectives, tasks, the designation of responsible parties, the
132identification of resources needed, timelines for implementation
133of the plan, and procedures for monitoring outcomes.
134     (d)  The planning team shall designate working groups to
135specifically address each of the following focus areas:
136     1.  Early development and care of children.
137     2.  Education of children and youth.
138     3.  Health and wellness.
139     4.  Youth support.
140     5.  Parent and guardian support.
141     6.  Adult education, training, and jobs.
142     7.  Community safety.
143     8.  Housing and community development.
144     (6)  CHILDREN'S ZONE STRATEGIC COMMUNITY PLAN.--After the
145governing body adopts the resolution described in subsection
146(4), the working groups shall develop objectives and identify
147strategies for each focus area. The objectives, specified by
148focus area, for a working group may include, but not be limited
149to:
150     (a)  Early development and care of children.
151     1.  Providing resources to enable every child to be
152adequately nurtured during the first 3 years of life.
153     2.  Ensuring that all schools are ready for children and
154all children are ready for school.
155     3.  Facilitating enrollment in half-day or full-day
156prekindergarten for all 3-year-old and 4-year-old children.
157     4.  Strengthening parent and guardian relationships with
158care providers.
159     5.  Providing support and education for families and child
160care providers.
161     (b)  Education of children and youth.
162     1.  Increasing the level and degree of accountability of
163persons who are responsible for the development and well-being
164of all children in the children's zone.
165     2.  Changing the structure and function of schools to
166increase the quality and amount of time spent on instruction and
167increase programmatic options and offerings.
168     3.  Creating a safe and respectful environment for student
169learning.
170     4.  Identifying and supporting points of alignment between
171the children's zone community plan and the school district's
172strategic plan.
173     (c)  Health and wellness.
174     1.  Facilitating enrollment of all eligible children in the
175Florida Kidcare program and providing full access to high-
176quality drug and alcohol treatment services.
177     2.  Eliminating health disparities between racial and
178cultural groups, including improving outcomes and increasing
179interventions.
180     3.  Providing fresh, good quality, affordable, and
181nutritious food within the children's zone.
182     4.  Providing all children in the children's zone with
183access to safe structured and unstructured recreation.
184     (d)  Youth support.
185     1.  Increasing the high school graduation rate.
186     2.  Increasing leadership development and employment
187opportunities for youth.
188     (e)  Parent and guardian support.
189     1.  Increasing parent and adult literacy.
190     2.  Expanding access for parents to critical resources,
191such as jobs, transportation, day care, and after-school care.
192     3.  Improving the effectiveness of the ways in which
193support systems communicate and collaborate with parents and the
194ways in which parents communicate and collaborate with support
195systems.
196     4.  Making the services of the Healthy Families Florida
197program available to provide multiyear support to expectant
198parents and persons caring for infants and toddlers.
199     (f)  Adult education, training, and jobs.
200     1.  Creating job opportunities for adults that lead to
201career development.
202     2.  Establishing a career and technical school, or a
203satellite of such a school in the children's zone, which
204includes a one-stop career center.
205     (g)  Community safety.
206     1.  Providing a safe environment for all children at home,
207in school, and in the community.
208     2.  Eliminating the economic, political, and social forces
209that lead to a lack of safety within the family, the community,
210schools, and institutional structures.
211     3.  Assessing policies and practices, including sentencing,
212incarceration, detention, and data reporting, in order to reduce
213youth violence, crime, and recidivism.
214     (h)  Housing and community development.
215     1.  Strengthening the residential real estate market.
216     2.  Building on existing efforts to promote socioeconomic
217diversity when developing a comprehensive land use strategic
218plan.
219     3.  Promoting neighborhood beautification strategies.
220     (7)  CHILDREN'S ZONE CORPORATION.--After the governing body
221adopts the resolution described in subsection (4), the county or
222municipality shall create a corporation not for profit which
223shall be registered, incorporated, organized, and operated in
224compliance with chapter 617. The purpose of the corporation is
225to facilitate fundraising, to secure broad community ownership
226of the children's zone, and, if the area selected by the
227governing body is designated as a children's zone, to:
228     (a)  Begin to transfer responsibility for planning from the
229planning team to the corporation.
230     (b)  Begin the implementation and governance of the
231children's zone community plan.
232     (8)  CREATION OF MAGIC CITY CHILDREN'S ZONE, INC., PILOT
233PROJECT.--
234     (a)  There is created within the Liberty City neighborhood
235in Miami-Dade County a 10-year pilot project zone that, by
236November 1, 2008, shall be managed by an entity organized as a
237corporation not for profit which shall be registered,
238incorporated, organized, and operated in compliance with chapter
239617. The corporation shall be known as the Magic City Children's
240Zone, Inc., and shall be administratively housed within the
241Belafonte Tacolcy Center. However, Magic City Children's Zone,
242Inc., is not subject to control, supervision, or direction by
243the Belafonte Tacolcy Center in any manner. The Legislature
244determines, however, that public policy dictates that the
245corporation operate in the most open and accessible manner
246consistent with its public purpose. Therefore, the Legislature
247specifically declares that the corporation is subject to chapter
248119, relating to public records, chapter 286, relating to public
249meetings and records, and chapter 287, relating to procurement
250of commodities or contractual services.
251     (b)  This pilot project zone is designed to encompass an
252area that is large enough to include all of the necessary
253components of community life, including, but not limited to,
254schools, places of worship, recreational facilities, commercial
255areas, and common space, yet small enough to allow programs and
256services to reach every willing member of the neighborhood.
257Therefore, the geographic boundaries of the pilot project zone
258are:
259     1.  Northwest 79th Street to the north;
260     2.  Northwest 36th Street to the south;
261     3.  North Miami Avenue to the east; and
262     4.  Northwest 27th Avenue to the west.
263     (c)1.  The corporation shall be governed by a 15-member
264board of directors. The board of directors shall consist of the
265following members:
266     a.  The chief executive officer of the Belafonte Tacolcy
267Center.
268     b.  The executive director of the Carrie P. Meek
269Entrepreneurial Education Center, Miami-Dade College.
270     c.  The director of the Parks and Recreation Department of
271the City of Miami.
272     d.  The director of the Miami-Dade Cultural Arts Center.
273     e.  The chief executive officer of the Urban League of
274Greater Miami.
275     f.  The director of the Liberty City Service Partnership.
276     g.  The regional superintendent of the Miami-Dade County
277Public Schools.
278     h.  The president of the Student Government Association of
279Northwestern High School.
280     i.  The president of the Student Government Association of
281Edison High School.
282     j.  The president of the Parent Teacher Student Association
283of Northwestern High School.
284     k.  The president of the Parent Teacher Student Association
285of Edison High School.
286     l.  Four members from the local private business sector, to
287be appointed by a majority vote of the members designated in
288sub-subparagraphs a.-k., all of whom must have significant
289experience in one of the focus areas specified in subsection
290(6).
291     2.  All members of the board of directors shall be
292appointed no later than 90 days following the incorporation of
293the Magic City Children's Zone, Inc., and:
294     a.  Eleven members initially appointed pursuant to this
295paragraph shall each serve a 4-year term.
296     b.  The remaining initial four appointees shall each serve
297a 2-year term.
298     c.  Each member appointed thereafter shall serve a 4-year
299term.
300     d.  A vacancy shall be filled in the same manner in which
301the original appointment was made, and a member appointed to
302fill a vacancy shall serve for the remainder of that term.
303     e.  A member may not serve more than 8 years in consecutive
304terms.
305     3.  The board of directors shall annually elect a
306chairperson and a vice chairperson from among the board's
307members. The members may, by a vote of eight members, remove a
308member from the position of chairperson or vice chairperson
309before the expiration of his or her term as chairperson or vice
310chairperson. His or her successor shall be elected to serve for
311the balance of the term of the chairperson or vice chairperson
312who was removed.
313     4.  The board of directors shall meet at least four times
314each year upon the call of the chairperson, at the request of
315the vice chairperson, or at the request of a majority of the
316membership. A majority of the membership constitutes a quorum.
317The board of directors may take official action by a majority
318vote of the members present at any meeting at which a quorum is
319present. The board may conduct its meetings through
320teleconferences or other similar means.
321     5.  A member of the board of directors may be removed by a
322majority of the membership. Absence from three consecutive
323meetings results in automatic removal.
324     6.  Each member of the board of directors shall serve
325without compensation but is entitled to reimbursement for per
326diem and travel expenses as provided in s. 112.061 while in the
327performance of his or her duties.
328     7.  The corporation shall create a standing advisory board
329to assist in any part of its delegated duties. The membership of
330the standing advisory board shall reflect the expertise
331necessary for the implementation of the children's zone pilot
332project.
333     8.  The board of directors has the power and duty to:
334     a.  Adopt articles of incorporation and bylaws necessary to
335govern its activities.
336     b.  Begin to transfer responsibility for planning from the
337children's zone planning team to the corporation.
338     c.  Begin the implementation and governance of the
339children's zone community plan.
340     d.  Enter into a contract with a management consultant who
341has experience working with social service and educational
342entities for the purpose of developing a 10-year comprehensive
343business plan to carry out the provisions of this section.
344     (d)  Magic City Children's Zone, Inc., shall submit an
345annual report to the President of the Senate and the Speaker of
346the House of Representatives by January 31, 2009, and by January
34731 of each year thereafter, which shall include a comprehensive
348and detailed report of its operations, activities, and
349accomplishments for the prior year as well as its goals for the
350current year. The initial report shall also include information
351concerning the status of the development of a business plan.
352     (9)  IMPLEMENTATION.--The implementation of this section is
353contingent upon a specific appropriation to provide a grant for
354a 3-year period for the purpose of implementing this section,
355which includes contracting with a not-for-profit corporation for
356the development of a business plan and for the evaluation,
357fiscal management, and oversight of the Magic City Children's
358Zone, Inc., pilot project.
359     Section 2.  This act shall take effect July 1, 2008.


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