Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS for CS for CS for CS for SB 1276
Barcode 126584
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 1/AD/2R .
04/27/2009 06:45 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Storms moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 414 - 764
4 and insert:
5 Section 15. Section 409.147, Florida Statutes, is amended
6 to read:
7 409.147 Children’s initiatives zones.—
8 (1) LEGISLATIVE FINDINGS AND INTENT.—
9 (a) The Legislature finds that:
10 1. There are neighborhoods in the state where the
11 infrastructure and opportunities that middle-class communities
12 take for granted are nonexistent or so marginal that they are
13 ineffective.
14 2. Children living in these neighborhoods are not read to
15 by an adult on a regular basis and attend a prekindergarten
16 education program at a much lower rate than children in other
17 communities. These children experience below-average performance
18 on standardized tests and graduate from high school in fewer
19 numbers. Most of these children are eligible for the free or
20 reduced-price school lunch program.
21 3. Children in these neighborhoods often suffer from high
22 rates of asthma, a higher risk of lead poisoning, and inadequate
23 health care, and they are routinely exposed to violence and
24 crime.
25 4. In spite of these obstacles, these neighborhoods are
26 many times home to strong individuals and institutions that are
27 committed to making a difference in the lives of children and
28 their families.
29 (b) It is therefore the intent of the Legislature to assist
30 disadvantaged areas within the state in creating a community
31 based service network that develops, coordinates, and provides
32 quality education, accessible health care, youth development
33 programs, opportunities for employment, and safe and affordable
34 housing for children and families living within its boundaries.
35 (2) POLICY AND PURPOSE.—It is the policy of this state to
36 provide the necessary means to assist local communities, the
37 children and families who live in those communities, and the
38 private sector in creating a sound educational, social, and
39 economic environment. To achieve this objective, the state
40 intends to provide investments sufficient to encourage community
41 partners to commit financial and other resources to severely
42 disadvantaged areas. The purpose of this section is to establish
43 a process that clearly identifies the severely disadvantaged
44 areas and provides guidance for developing a new social service
45 paradigm that systematically coordinates programs that address
46 the critical needs of children and their families and for
47 directing efforts to rebuild the basic infrastructure of the
48 community. The Legislature, therefore, declares the creation of
49 children’s initiatives zones, through the collaborative efforts
50 of government and the private sector, to be a public purpose.
51 (3) DEFINITIONS.—As used in this section, the term:
52 (a) “Governing body” means the commission or other
53 legislative body charged with governing a county or
54 municipality.
55 (b) “Ounce” means the Ounce of Prevention Fund of Florida,
56 Inc.
57 (c) “Planning team” means a children’s initiative zone
58 planning team established under this section.
59 (d) “Resident” means a person who lives or operates a small
60 community-based business or organization within the boundaries
61 of the children’s initiative zone.
62 (4) CHILDREN’S INITIATIVE ZONE NOMINATING PROCESS.—A county
63 or municipality, or a county and one or more municipalities
64 together, may apply to the Ounce to designate an area as a
65 children’s initiative zone after the governing body:
66 (a) Adopts a resolution that:
67 1. Finds that an area exists in such county or
68 municipality, or in the county and one or more municipalities,
69 that chronically exhibits extreme and unacceptable levels of
70 poverty, unemployment, physical deterioration, as well as
71 limited access to quality educational, health care, and social
72 services.
73 2. Determines that the rehabilitation, conservation, or
74 redevelopment, or a combination thereof, of the area is
75 necessary in the interest of improving the health, wellness,
76 education, living conditions, and livelihoods of the children
77 and families who live in the county or municipality.
78 3. Determines that the revitalization of the area can occur
79 only if the state and the private sector invest resources to
80 improve infrastructure and the provision of services.
81 (b) Establishes a children’s initiative zone planning team
82 as provided in subsection (5).
83 (c) Develops and adopts a strategic community plan as
84 provided in subsection (6).
85 (d) Creates a corporation not for profit as provided in
86 subsection (7).
87 (5) CHILDREN’S INITIATIVE ZONE PLANNING TEAM.—
88 (a) After the governing body adopts the resolution
89 described in subsection (4), the county or municipality shall
90 establish a children’s initiative zone planning team.
91 (b) The planning team shall include residents and
92 representatives from community-based organizations and other
93 community institutions. At least half of the members of the
94 planning team must be residents.
95 (c) The planning team shall:
96 1. Develop a planning process that sets the direction for,
97 builds a commitment to, and develops the capacity to realize the
98 children’s initiative zone concept.
99 2. Develop a vision of what the children’s initiative zone
100 will look like when the challenges, problems, and opportunities
101 in the children’s initiative zone are successfully addressed.
102 3. Identify important opportunities, strengths, challenges,
103 and problems in the children’s initiative zone.
104 4. Develop a strategic community plan consisting of goals,
105 objectives, tasks, the designation of responsible parties, the
106 identification of resources needed, timelines for implementation
107 of the plan, and procedures for monitoring outcomes.
108 (d) The planning team shall designate working groups to
109 specifically address each of the following focus areas:
110 1. Early development and care of children.
111 2. Education of children and youth.
112 3. Health and wellness.
113 4. Youth support.
114 5. Parent and guardian support.
115 6. Adult education, training, and jobs.
116 7. Community safety.
117 8. Housing and community development.
118 (6) CHILDREN’S INITIATIVE ZONE STRATEGIC COMMUNITY PLAN.
119 After the governing body adopts the resolution described in
120 subsection (4), the working groups shall develop objectives and
121 identify strategies for each focus area. The objectives,
122 specified by focus area, for a working group may include, but
123 not be limited to:
124 (a) Early development and care of children.
125 1. Providing resources to enable every child to be
126 adequately nurtured during the first 3 years of life.
127 2. Ensuring that all schools are ready for children and all
128 children are ready for school.
129 3. Facilitating enrollment in half-day or full-day
130 prekindergarten for all 3-year-old and 4-year-old children.
131 4. Strengthening parent and guardian relationships with
132 care providers.
133 5. Providing support and education for families and child
134 care providers.
135 (b) Education of children and youth.
136 1. Increasing the level and degree of accountability of
137 persons who are responsible for the development and well-being
138 of all children in the children’s initiative zone.
139 2. Changing the structure and function of schools to
140 increase the quality and amount of time spent on instruction and
141 increase programmatic options and offerings.
142 3. Creating a safe and respectful environment for student
143 learning.
144 4. Identifying and supporting points of alignment between
145 the children’s initiative zone community plan and the school
146 district’s strategic plan.
147 (c) Health and wellness.
148 1. Facilitating enrollment of all eligible children in the
149 Florida Kidcare program and providing full access to high
150 quality drug and alcohol treatment services.
151 2. Eliminating health disparities between racial and
152 cultural groups, including improving outcomes and increasing
153 interventions.
154 3. Providing fresh, good quality, affordable, and
155 nutritious food within the children’s initiative zone.
156 4. Providing all children in the children’s initiative zone
157 with access to safe structured and unstructured recreation.
158 (d) Youth support.
159 1. Increasing the high school graduation rate.
160 2. Increasing leadership development and employment
161 opportunities for youth.
162 (e) Parent and guardian support.
163 1. Increasing parent and adult literacy.
164 2. Expanding access for parents to critical resources, such
165 as jobs, transportation, day care, and after-school care.
166 3. Improving the effectiveness of the ways in which support
167 systems communicate and collaborate with parents and the ways in
168 which parents communicate and collaborate with support systems.
169 4. Making the services of the Healthy Families Florida
170 program available to provide multiyear support to expectant
171 parents and persons caring for infants and toddlers.
172 (f) Adult education, training, and jobs.
173 1. Creating job opportunities for adults that lead to
174 career development.
175 2. Establishing a career and technical school, or a
176 satellite of such a school in the children’s initiative zone,
177 which includes a one-stop career center.
178 (g) Community safety.
179 1. Providing a safe environment for all children at home,
180 in school, and in the community.
181 2. Eliminating the economic, political, and social forces
182 that lead to a lack of safety within the family, the community,
183 schools, and institutional structures.
184 3. Assessing policies and practices, including sentencing,
185 incarceration, detention, and data reporting, in order to reduce
186 youth violence, crime, and recidivism.
187 (h) Housing and community development.
188 1. Strengthening the residential real estate market.
189 2. Building on existing efforts to promote socioeconomic
190 diversity when developing a comprehensive land use strategic
191 plan.
192 3. Promoting neighborhood beautification strategies.
193 (7) CHILDREN’S INITIATIVE ZONE CORPORATION.—After the
194 governing body adopts the resolution described in subsection
195 (4), establishes the planning team as provided in subsection
196 (5), and develops and adopts the strategic community plan as
197 provided in subsection (6), the county or municipality shall
198 create a corporation not for profit which shall be registered,
199 incorporated, organized, and operated in compliance with chapter
200 617. The purpose of the corporation is to facilitate
201 fundraising, to secure broad community ownership of the
202 children’s initiative zone, and, if the area selected by the
203 governing body is designated as a children’s initiative zone,
204 to:
205 (a) Begin to transfer responsibility for planning from the
206 planning team to the corporation.
207 (b) Begin the implementation and governance of the
208 children’s initiative zone community plan.
209 (8) CREATION OF MIAMI MAGIC CITY CHILDREN’S INITIATIVE
210 ZONE, INC., PILOT PROJECT.—
211 (a) There is created within the Liberty City neighborhood
212 in Miami-Dade County a 10-year pilot project zone that, by
213 November 1, 2008, shall be managed by an entity organized as a
214 corporation not for profit which shall be registered,
215 incorporated, organized, and operated in compliance with chapter
216 617. An entity may not be incorporated until the governing body
217 has adopted the resolution described in subsection (4), has
218 established the planning team as provided in subsection (5), and
219 has developed and adopted the strategic community plan as
220 provided in subsection (6). The corporation shall be known as
221 the Miami Magic City Children’s Initiative Zone, Inc., and shall
222 be administratively housed within the Department of Children and
223 Family Services Belafonte Tacolcy Center. However, Miami Magic
224 City Children’s Initiative Zone, Inc., is not subject to
225 control, supervision, or direction by the Department of Children
226 and Family Services Belafonte Tacolcy Center in any manner. The
227 Legislature determines, however, that public policy dictates
228 that the corporation operate in the most open and accessible
229 manner consistent with its public purpose. Therefore, the
230 Legislature specifically declares that the corporation is
231 subject to chapter 119, relating to public records, chapter 286,
232 relating to public meetings and records, and chapter 287,
233 relating to procurement of commodities or contractual services.
234 (b) This initiative pilot project zone is designed to
235 encompass an area that is large enough to include all of the
236 necessary components of community life, including, but not
237 limited to, schools, places of worship, recreational facilities,
238 commercial areas, and common space, yet small enough to allow
239 programs and services to reach every willing member of the
240 neighborhood. Therefore, the geographic boundaries of the pilot
241 project zone are:
242 1. Northwest 79th Street to the north;
243 2. Northwest 36th Street to the south;
244 3. North Miami Avenue to the east; and
245 4. Northwest 27th Avenue to the west.
246 (c)1. The corporation shall be governed by a 15-member
247 board of directors. The board of directors shall consist of the
248 following members:
249 a. The chief executive officer of the Belafonte Tacolcy
250 Center.
251 b. The executive director of the Carrie P. Meek
252 Entrepreneurial Education Center, Miami-Dade College.
253 c. The director of the Parks and Recreation Department of
254 the City of Miami.
255 d. The director of the Miami-Dade Cultural Arts Center.
256 e. The chief executive officer of the Urban League of
257 Greater Miami.
258 f. The director of the Liberty City Service Partnership.
259 g. The regional superintendent of the Miami-Dade County
260 Public Schools.
261 h. The president of the Student Government Association of
262 Northwestern High School.
263 i. The president of the Student Government Association of
264 Edison High School.
265 j. The president of the Parent Teacher Student Association
266 of Northwestern High School.
267 k. The president of the Parent Teacher Student Association
268 of Edison High School.
269 l. Four members from the local private business sector, to
270 be appointed by a majority vote of the members designated in
271 sub-subparagraphs a.-k., all of whom must have significant
272 experience in one of the focus areas specified in subsection
273 (6).
274 2. All members of the board of directors shall be appointed
275 no later than 90 days following the incorporation of the Magic
276 City Children’s Zone, Inc., and:
277 a. Eleven members initially appointed pursuant to this
278 paragraph shall each serve a 4-year term.
279 b. The remaining initial four appointees shall each serve a
280 2-year term.
281 c. Each member appointed thereafter shall serve a 4-year
282 term.
283 d. A vacancy shall be filled in the same manner in which
284 the original appointment was made, and a member appointed to
285 fill a vacancy shall serve for the remainder of that term.
286 e. A member may not serve more than 8 years in consecutive
287 terms.
288 3. The board of directors shall annually elect a
289 chairperson and a vice chairperson from among the board’s
290 members. The members may, by a vote of eight members, remove a
291 member from the position of chairperson or vice chairperson
292 before the expiration of his or her term as chairperson or vice
293 chairperson. His or her successor shall be elected to serve for
294 the balance of the term of the chairperson or vice chairperson
295 who was removed.
296 4. The board of directors shall meet at least four times
297 each year upon the call of the chairperson, at the request of
298 the vice chairperson, or at the request of a majority of the
299 membership. A majority of the membership constitutes a quorum.
300 The board of directors may take official action by a majority
301 vote of the members present at any meeting at which a quorum is
302 present. The board may conduct its meetings through
303 teleconferences or other similar means.
304 5. A member of the board of directors may be removed by a
305 majority of the membership. Absence from three consecutive
306 meetings results in automatic removal.
307 6. Each member of the board of directors shall serve
308 without compensation but is entitled to reimbursement for per
309 diem and travel expenses as provided in s. 112.061 while in the
310 performance of his or her duties.
311 7. The corporation shall create a standing advisory board
312 to assist in any part of its delegated duties. The membership of
313 the standing advisory board shall reflect the expertise
314 necessary for the implementation of the children’s zone pilot
315 project.
316 8. The board of directors has the power and duty to:
317 a. Adopt articles of incorporation and bylaws necessary to
318 govern its activities.
319 b. Begin to transfer responsibility for planning from the
320 children’s zone planning team to the corporation.
321 c. Begin the implementation and governance of the
322 children’s zone community plan.
323 d. Enter into a contract with a management consultant who
324 has experience working with social service and educational
325 entities for the purpose of developing a 10-year comprehensive
326 business plan to carry out the provisions of this section.
327 (d) Magic City Children’s Zone, Inc., shall submit an
328 annual report to the President of the Senate and the Speaker of
329 the House of Representatives by January 31, 2009, and by January
330 31 of each year thereafter, which shall include a comprehensive
331 and detailed report of its operations, activities, and
332 accomplishments for the prior year as well as its goals for the
333 current year. The initial report shall also include information
334 concerning the status of the development of a business plan.
335 (9) IMPLEMENTATION.—In order to implement The
336 implementation of this section, the Department of Children and
337 Family Services shall contract is contingent upon a specific
338 appropriation to provide a grant for a 3-year period for the
339 purpose of implementing this section, which includes contracting
340 with a not-for-profit corporation to work in collaboration with
341 the governing body to adopt the resolution described in
342 subsection (4), to establish the planning team as provided in
343 subsection (5), and to develop and adopt the strategic community
344 plan as provided in subsection(6). The not-for-profit
345 corporation is also responsible for the development of a
346 business plan and for the evaluation, fiscal management, and
347 oversight of the Miami Magic City Children’s Initiative Zone,
348 Inc., pilot project.
349 Section 16. The unexpended balance of funds in Specific
350 Appropriation 345A of the General Appropriations Act for the
351 2008-2009 fiscal year passed in the 2008 Regular Session shall
352 revert July 1, 2009, and such funds are reappropriated to the
353 Department of Children and Family Services for the 2009-2010
354 fiscal year for the purpose of contracting with the Ounce in
355 order to implement section 15 of this act.
356
357 ================= T I T L E A M E N D M E N T ================
358 And the title is amended as follows:
359 Delete lines 55 - 72
360 and insert:
361 as “children’s initiatives”; revising legislative findings and
362 intent; requiring the governing body to establish a children’s
363 initiative planning team and to develop and adopt a strategic
364 community plan; revising provisions relating to the powers and
365 responsibilities of the initiative planning team; revising
366 provisions relating to the strategic community plan; revising
367 requirement provisions relating to the children’s initiative
368 corporation; changing the name of the Magic City Children’s
369 Zone, Inc., to the Miami Children’s Initiative, Inc.; providing
370 for the corporation to be administratively housed within the
371 Department of Children and Family Services, but not to be
372 subject to control, supervision, or direction by the department;
373 providing for the department to enter into a contract with a
374 not-for-profit corporation to implement the children’s
375 initiative project; deleting provisions relating to