1 | A bill to be entitled |
2 | An act relating to children's promise zones; amending s. |
3 | 409.147, F.S.; renaming "children's zones" as "children's |
4 | promise zones"; revising legislative findings and intent |
5 | and policy and purpose; revising definitions; requiring |
6 | the governing body to establish a children's promise zone |
7 | planning team; providing powers and responsibilities of |
8 | the planning team; revising provisions relating to the |
9 | strategic community plan; providing for additional focus |
10 | areas; renaming and extending duration of the Magic City |
11 | Children's Zone, Inc., pilot project; providing for the |
12 | corporation to be administered by the Department of |
13 | Children and Family Services; revising composition of the |
14 | board of directors and election and duties of officers; |
15 | providing for the department to enter into a contract with |
16 | a not-for-profit corporation to implement the children's |
17 | promise zone program; authorizing the Ounce of Prevention |
18 | Fund of Florida, Inc., to retain certain interest earnings |
19 | to finance project activities; requiring annual |
20 | documentation of interest earnings and expenditures; |
21 | providing an effective date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
|
25 | Section 1. Section 409.147, Florida Statutes, is amended |
26 | to read: |
27 | 409.147 Children's promise zones.-- |
28 | (1) LEGISLATIVE FINDINGS AND INTENT.-- |
29 | (a) The Legislature finds that: |
30 | 1. There are neighborhoods in the state where the |
31 | infrastructure and opportunities that middle-class communities |
32 | take for granted are nonexistent or so marginal that they are |
33 | ineffective. |
34 | 2. Children living in these neighborhoods are not read to |
35 | by an adult on a regular basis and attend a prekindergarten |
36 | education program at a much lower rate than children in other |
37 | communities. These children experience below-average performance |
38 | on standardized tests and graduate from high school and attend |
39 | college in fewer numbers. Most of these children are living in |
40 | poverty and are eligible for the free or reduced-price school |
41 | lunch program. |
42 | 3. Children in these neighborhoods often suffer from high |
43 | rates of asthma, a higher risk of lead poisoning, and inadequate |
44 | health care, and they are routinely exposed to violence and |
45 | crime. |
46 | 4. In spite of these obstacles, these neighborhoods are |
47 | many times home to strong individuals and institutions that are |
48 | committed to making a difference in the lives of children and |
49 | their families. |
50 | (b) It is therefore the intent of the Legislature to |
51 | assist disadvantaged areas within the state in creating a high |
52 | quality, neighborhood-based, comprehensive, coordinated |
53 | community-based service network that develops, coordinates, and |
54 | provides quality education, accessible health care, youth |
55 | development programs, opportunities for employment, and safe and |
56 | affordable housing combined with efforts to rebuild the basic |
57 | fabric of the community for children, young adults, and their |
58 | families living within the its boundaries of such a community. |
59 | (2) POLICY AND PURPOSE.--It is the policy of this state to |
60 | provide the necessary means to assist local communities, the |
61 | children, young adults, and their families who live in those |
62 | communities, and the private sector in creating a sound |
63 | educational, social, and economic environment. To achieve this |
64 | objective, the state intends to provide investments sufficient |
65 | to encourage community partners to commit financial and other |
66 | resources to severely disadvantaged areas. The purpose of this |
67 | section is to establish a process that clearly identifies the |
68 | severely disadvantaged areas and provides guidance for |
69 | developing a new social service paradigm that systematically |
70 | coordinates programs and focuses on integrating previously |
71 | compartmentalized approaches to early childhood, education, |
72 | health care, after-school services, parenting education, college |
73 | preparation, and neighborhood revitalization that address the |
74 | critical needs of children and their families and for directing |
75 | efforts to rebuild the basic infrastructure of the community. |
76 | The Legislature, therefore, declares the creation of children's |
77 | promise zones, through the collaborative efforts of government |
78 | and the private sector, to be a public purpose. Over time, each |
79 | designated children's promise zone will create a pipeline of |
80 | accessible, linked, best-practice programs, and high-quality |
81 | schools for neighborhood children and young adults, starting |
82 | before birth and ending with college graduation. The pipeline |
83 | shall include additional programs to support parents, families, |
84 | and the larger community. |
85 | (3) DEFINITIONS.--As used in this section, the term: |
86 | (a) "Governing body" means the commission or other |
87 | legislative body charged with governing a county or |
88 | municipality. |
89 | (b) "The Ounce" means the Ounce of Prevention Fund of |
90 | Florida, Inc. |
91 | (c) "Planning team" means a children's zone planning team |
92 | established under this section. |
93 | (c)(d) "Resident" means a person who lives or operates a |
94 | small community-based business or organization within the |
95 | boundaries of the children's promise zone. |
96 | (4) CHILDREN'S PROMISE ZONE NOMINATING PROCESS.--A county |
97 | or municipality, or a county and one or more municipalities |
98 | together, may apply to the Ounce to designate an area as a |
99 | children's promise zone after the governing body: |
100 | (a) Adopts a resolution that: |
101 | 1. Finds that an area exists in such county or |
102 | municipality, or in the county and one or more municipalities, |
103 | that chronically exhibits extreme and unacceptable levels of |
104 | poverty, unemployment, physical deterioration, as well as |
105 | limited access to quality educational, health care, and social |
106 | services. |
107 | 2. Determines that the rehabilitation, conservation, or |
108 | redevelopment, or a combination thereof, of the area is |
109 | necessary in the interest of improving the health, wellness, |
110 | education, living conditions, and livelihoods of the children |
111 | and their families who live in the county or municipality. |
112 | 3. Determines that the revitalization of the area can |
113 | occur only if the state and the private sector invest resources |
114 | to improve infrastructure and the provision of services. |
115 | (b) Establishes a children's promise zone planning team as |
116 | provided in subsection (5). |
117 | (c) Develops and adopts a strategic community plan as |
118 | provided in subsection (6). |
119 | (d) Creates a corporation not for profit as provided in |
120 | subsection (7). |
121 | (5) CHILDREN'S PROMISE ZONE PLANNING TEAM.-- |
122 | (a) After the governing body adopts the resolution |
123 | described in subsection (4), the county or municipality shall |
124 | establish a children's promise zone planning team. |
125 | (b) The planning team shall include residents, parents, |
126 | teachers, business leaders, and other key stakeholders |
127 | representatives from community-based organizations and other |
128 | community institutions. At least half of the members of the |
129 | planning team must be residents. |
130 | (c) The planning team shall: |
131 | 1. Develop a planning process that sets the direction for, |
132 | builds a commitment to, and develops the capacity to realize the |
133 | children's promise zone concept. |
134 | 2. Develop a vision of what the children's promise zone |
135 | will look like when the challenges, problems, and opportunities |
136 | in the children's zone are successfully addressed. |
137 | 3. Identify important opportunities, strengths, |
138 | challenges, and problems in the children's promise zone. |
139 | 4. Develop a strategic community plan consisting of goals, |
140 | objectives, tasks, the designation of responsible parties, the |
141 | identification of resources needed, timelines for implementation |
142 | of the plan, and procedures for monitoring outcomes. The |
143 | strategic community plan shall serve as the foundation for the |
144 | work of the children's promise zone and evaluation of the plan |
145 | shall measure program performance based on the stated objectives |
146 | and outcomes. The evaluation shall provide feedback to |
147 | stakeholders within the community regarding the programs, |
148 | information on which to base program modifications and |
149 | enhancements, and results-oriented indicators of success. |
150 | 5. Develop a program that seeks to provide children living |
151 | in poverty with every possible chance to succeed through the |
152 | combined development of high-quality, comprehensive, |
153 | coordinated, neighborhood-based programs for children, young |
154 | adults, and parents, combined with efforts to rebuild the fabric |
155 | of the community. |
156 | (d) The planning team shall designate working groups to |
157 | specifically address each of the following focus areas: |
158 | 1. Early development and care of children. |
159 | 2. Education of children and youth. |
160 | 3. Health and wellness. |
161 | 4. Youth support. |
162 | 5. Parent and guardian support. |
163 | 6. Adult education, training, and jobs. |
164 | 7. Community safety. |
165 | 8. Housing and community development. |
166 | 9. Elder affairs. |
167 | 10. Faith community. |
168 | 11. Arts and culture. |
169 | 12. Evaluation. |
170 | 13. Marketing and communication. |
171 | 14. Fundraising and development. |
172 | (6) CHILDREN'S PROMISE ZONE STRATEGIC COMMUNITY |
173 | PLAN.--After the governing body adopts the resolution described |
174 | in subsection (4), the working groups shall develop objectives |
175 | and identify strategies for each focus area. The objectives, |
176 | specified by focus area, for a working group may include, but |
177 | not be limited to: |
178 | (a) Early development and care of children. |
179 | 1. Providing resources to enable every child to be |
180 | adequately nurtured during the first 3 years of life. |
181 | 2. Ensuring that all schools are ready for children and |
182 | all children are ready for school. |
183 | 3. Facilitating enrollment in half-day or full-day |
184 | prekindergarten for all 3-year-old and 4-year-old children. |
185 | 4. Strengthening parent and guardian relationships with |
186 | care providers. |
187 | 5. Providing support and education for families and child |
188 | care providers. |
189 | (b) Education of children and youth. |
190 | 1. Increasing the level and degree of accountability of |
191 | persons who are responsible for the development and well-being |
192 | of all children in the children's promise zone. |
193 | 2. Changing the structure and function of schools to |
194 | increase the quality and amount of time spent on instruction and |
195 | increase programmatic options and offerings. |
196 | 3. Creating a safe and respectful environment for student |
197 | learning. |
198 | 4. Identifying and supporting points of alignment between |
199 | the children's promise zone community plan and the school |
200 | district's strategic plan. |
201 | (c) Health and wellness. |
202 | 1. Facilitating enrollment of all eligible children in the |
203 | Florida Kidcare program and providing full access to high- |
204 | quality drug and alcohol treatment services. |
205 | 2. Eliminating health disparities between racial and |
206 | cultural groups, including improving outcomes and increasing |
207 | interventions. |
208 | 3. Providing fresh, good quality, affordable, and |
209 | nutritious food within the children's zone. |
210 | 4. Providing all children in the children's zone with |
211 | access to safe structured and unstructured recreation. |
212 | (d) Youth support. |
213 | 1. Increasing the high school graduation rate. |
214 | 2. Increasing enrollment in postsecondary educational |
215 | programs. |
216 | 3.2. Increasing leadership development and employment |
217 | opportunities for youth. |
218 | (e) Parent and guardian support. |
219 | 1. Increasing parent and adult literacy. |
220 | 2. Expanding access for parents to critical resources, |
221 | such as jobs, transportation, day care, and after-school care. |
222 | 3. Improving the effectiveness of the ways in which |
223 | support systems communicate and collaborate with parents and the |
224 | ways in which parents communicate and collaborate with support |
225 | systems. |
226 | 4. Making the services of the Healthy Families Florida |
227 | program available to provide multiyear support to expectant |
228 | parents and persons caring for infants and toddlers. |
229 | (f) Adult education, training, and jobs. |
230 | 1. Creating job opportunities for adults that lead to |
231 | career development. |
232 | 2. Establishing a career and technical school, or a |
233 | satellite of such a school in the children's zone, which |
234 | includes a one-stop career center. |
235 | (g) Community safety. |
236 | 1. Providing a safe environment for all children at home, |
237 | in school, and in the community. |
238 | 2. Eliminating the economic, political, and social forces |
239 | that lead to a lack of safety within the family, the community, |
240 | schools, and institutional structures. |
241 | 3. Assessing policies and practices, including sentencing, |
242 | incarceration, detention, and data reporting, in order to reduce |
243 | youth violence, crime, and recidivism. |
244 | (h) Housing and community development. |
245 | 1. Strengthening the residential real estate market. |
246 | 2. Building on existing efforts to promote socioeconomic |
247 | diversity when developing a comprehensive land use strategic |
248 | plan. |
249 | 3. Promoting neighborhood beautification strategies. |
250 | (i) Elder affairs. |
251 | 1. Identifying elder residents who are primary caregivers |
252 | for younger children. |
253 | 2. Improving the ability of elders to engage with the |
254 | school system. |
255 | 3. Ensuring that elders are aware of the many legal |
256 | options for relationships with children in their care, including |
257 | guardianship, adoption, kinship care, and becoming a foster |
258 | parent. |
259 | (j) Faith community. |
260 | 1. Encouraging churches to institute "One Church, One |
261 | Child" programming as part of their social mission to increase |
262 | the number of foster children who are adopted in the children's |
263 | promise zone. |
264 | 2. Empowering churches with the capacity to provide |
265 | quality human services and technical assistance in grant writing |
266 | and program management. |
267 | 3. Encouraging churches to extend their ministries to |
268 | hard-to-reach populations. |
269 | (k) Arts and culture. |
270 | 1. Strengthening arts and music programs for children and |
271 | young adults throughout the zone. |
272 | 2. Encouraging businesses, professional sports |
273 | organizations, and civic leaders to sponsor the attendance of |
274 | youth at special events in the children's promise zone. |
275 | 3. Increasing the exposure of the youth to other cultures |
276 | through travel and observation. |
277 | (l) Evaluation. |
278 | 1. Facilitating the evaluation as developed by the |
279 | external evaluation team. |
280 | 2. Developing the capacity of member organizations to |
281 | conduct evaluations. |
282 | 3. Increasing the capability of member organizations to |
283 | collect and manage data. |
284 | 4. Assisting in the assessment needs, strengths, and |
285 | capacities of member organizations. |
286 | 5. Assisting in the development of ongoing sustainability |
287 | strategies. |
288 | (m) Marketing and communication. |
289 | 1. Developing a marketing plan. |
290 | 2. Beginning the process of brand development. |
291 | 3. Developing community outreach plan goals and |
292 | objectives. |
293 | (n) Fundraising and development. |
294 | 1. Developing fundraising goals and an overall development |
295 | strategy for a sustained 10-year outlook. |
296 | 2. Identifying potential donors. |
297 | 3. Outlining specific benefits to the community and the |
298 | economy of the children's promise zone. |
299 | (7) CHILDREN'S PROMISE ZONE CORPORATION.--After the |
300 | governing body adopts the resolution described in subsection |
301 | (4), the county or municipality shall create a corporation not |
302 | for profit which shall be registered, incorporated, organized, |
303 | and operated in compliance with chapter 617. The purpose of the |
304 | corporation is to facilitate fundraising, to secure broad |
305 | community ownership of the children's promise zone, and, if the |
306 | area selected by the governing body is designated as a |
307 | children's promise zone, to: |
308 | (a) Begin to transfer responsibility for planning from the |
309 | planning team to the corporation. |
310 | (b) Begin the implementation and governance of the |
311 | children's zone community plan. |
312 | (8) CREATION OF MIAMI MAGIC CITY CHILDREN'S PROMISE ZONE, |
313 | INC., PILOT PROJECT.-- |
314 | (a) There is created within the Liberty City neighborhood |
315 | in Miami-Dade County a 10-year pilot project zone that, by |
316 | November 1, 2009 2008, shall be managed by an entity organized |
317 | as a corporation not for profit which shall be registered, |
318 | incorporated, organized, and operated in compliance with chapter |
319 | 617. The corporation shall be known as the Miami Magic City |
320 | Children's Promise Zone, Inc., and shall be administratively |
321 | housed within the Department of Children and Family Services |
322 | Belafonte Tacolcy Center. However, Miami Magic City Children's |
323 | Promise Zone, Inc., is not subject to control, supervision, or |
324 | direction by the Department of Children and Family Services |
325 | Belafonte Tacolcy Center in any manner. The Legislature |
326 | determines, however, that public policy dictates that the |
327 | corporation operate in the most open and accessible manner |
328 | consistent with its public purpose. Therefore, the Legislature |
329 | specifically declares that the corporation is subject to chapter |
330 | 119, relating to public records, chapter 286, relating to public |
331 | meetings and records, and chapter 287, relating to procurement |
332 | of commodities or contractual services. |
333 | (b) This pilot project zone is designed to encompass an |
334 | area that is large enough to include all of the necessary |
335 | components of community life, including, but not limited to, |
336 | schools, places of worship, recreational facilities, commercial |
337 | areas, and common space, yet small enough to allow programs and |
338 | services to reach every willing member of the neighborhood. |
339 | Therefore, the geographic boundaries of the pilot project zone |
340 | are: |
341 | 1. Northwest 79th Street to the north; |
342 | 2. Northwest 36th Street to the south; |
343 | 3. North Miami Avenue to the east; and |
344 | 4. Northwest 27th Avenue to the west. |
345 | (c)1. The corporation shall be governed by a 30-member 15- |
346 | member board of directors, which. The board of directors shall |
347 | consist of the following members: |
348 | a. The district administrator for Miami-Dade County from |
349 | the Department of Children and Family Services or his or her |
350 | designee. |
351 | b. The superintendent of Miami-Dade County Public Schools |
352 | or his or her designee. |
353 | c. A representative from the Miami-Dade office of the |
354 | state attorney who works in child support enforcement. |
355 | d. A representative from the Miami-Dade County Health |
356 | Department's Consortium for a Healthier Miami-Dade. |
357 | e. The director of the Agency for Workforce Innovation or |
358 | his or her designee. |
359 | f. The circuit coordinator from the Department of Juvenile |
360 | Justice or his or her designee. |
361 | g. A representative from the Greater Miami Chamber of |
362 | Commerce. |
363 | h. A representative from the Miami-Dade Chamber of |
364 | Commerce. |
365 | i. A representative from the Haitian-American Chamber of |
366 | Commerce of Florida. |
367 | j. The mayor of Miami-Dade County or his or her designee. |
368 | k. A representative from the United Way of Miami-Dade. |
369 | l. A representative from the Liberty Square Housing |
370 | Projects, appointed by the chair of the resident council. |
371 | m. The director of the City of Miami Neighborhood |
372 | Enhancement Team or his or her designee. |
373 | n. The executive director of the Jessie Trice Community |
374 | Health Center. |
375 | o. A representative from the Public Health Trust at |
376 | Jackson Memorial Hospital. |
377 | p. A representative from the City of Miami Police |
378 | Department North District, to be chosen by the commander. |
379 | q. A representative from the Early Learning Coalition of |
380 | Miami-Dade and Monroe Counties. |
381 | r. The executive director of Habitat for Humanity or his |
382 | or her designee. |
383 | s. The Mayor of the City of Miami or his or her designee. |
384 | t. The Chief Executive Officer or President of the |
385 | Children's Trust of Miami-Dade County or his or her designee. |
386 | u. A judge, to be appointed by the chief judge of the |
387 | juvenile division of the Eleventh Judicial Circuit. |
388 | v. A representative from the Healthy Families Florida |
389 | program, to be chosen by the executive director. |
390 | w. A representative from the local Healthy Start |
391 | coalition. |
392 | x. The executive director of the Miami-Dade Affordable |
393 | Housing Foundation or his or her designee. |
394 | y. Six members that include residents and representatives |
395 | of local businesses, faith-based organizations, and nonprofit |
396 | organizations. |
397 | a. The chief executive officer of the Belafonte Tacolcy |
398 | Center. |
399 | b. The executive director of the Carrie P. Meek |
400 | Entrepreneurial Education Center, Miami-Dade College. |
401 | c. The director of the Parks and Recreation Department of |
402 | the City of Miami. |
403 | d. The director of the Miami-Dade Cultural Arts Center. |
404 | e. The chief executive officer of the Urban League of |
405 | Greater Miami. |
406 | f. The director of the Liberty City Service Partnership. |
407 | g. The regional superintendent of the Miami-Dade County |
408 | Public Schools. |
409 | h. The president of the Student Government Association of |
410 | Northwestern High School. |
411 | i. The president of the Student Government Association of |
412 | Edison High School. |
413 | j. The president of the Parent Teacher Student Association |
414 | of Northwestern High School. |
415 | k. The president of the Parent Teacher Student Association |
416 | of Edison High School. |
417 | l. Four members from the local private business sector, to |
418 | be appointed by a majority vote of the members designated in |
419 | sub-subparagraphs a.-k., all of whom must have significant |
420 | experience in one of the focus areas specified in subsection |
421 | (6). |
422 | 2. All members of the board of directors shall be |
423 | appointed no later than 90 days following the incorporation of |
424 | the Miami Magic City Children's Promise Zone, Inc., and: |
425 | a. Eleven Members initially appointed pursuant to this |
426 | paragraph shall each serve a 2-year 4-year term. |
427 | b. The remaining initial four appointees shall each serve |
428 | a 2-year term. |
429 | c. Each member appointed thereafter shall serve a 4-year |
430 | term. |
431 | b.d. A vacancy shall be filled in the same manner in which |
432 | the original appointment was made, and a member appointed to |
433 | fill a vacancy shall serve for the remainder of that term. |
434 | c.e. A member may not serve more than 8 years in |
435 | consecutive terms. |
436 | 3. The board of directors shall biennially annually elect |
437 | a chairperson and a vice chairperson from among the board's |
438 | members. The members may, by a vote of 16 eight members, remove |
439 | a member from the position of chairperson or vice chairperson |
440 | before the expiration of his or her term as chairperson or vice |
441 | chairperson. His or her successor shall be elected to serve for |
442 | the balance of the term of the chairperson or vice chairperson |
443 | who was removed. |
444 | 4. The board of directors shall meet at least four times |
445 | each year upon the call of the chairperson, at the request of |
446 | the vice chairperson, or at the request of a majority of the |
447 | membership. A majority of the membership constitutes a quorum. |
448 | The board of directors may take official action by a majority |
449 | vote of the members present at any meeting at which a quorum is |
450 | present. The board may conduct its meetings through |
451 | teleconferences or other similar means. |
452 | 5. A member of the board of directors may be removed by a |
453 | majority of the membership. Absence from three consecutive |
454 | meetings results in automatic removal. |
455 | 6. Each member of the board of directors shall serve |
456 | without compensation but is entitled to reimbursement for per |
457 | diem and travel expenses as provided in s. 112.061 while in the |
458 | performance of his or her duties. |
459 | 7. The corporation shall create a standing advisory board |
460 | to assist in any part of its delegated duties. The membership of |
461 | the standing advisory board shall reflect the expertise |
462 | necessary for the implementation of the children's zone pilot |
463 | project. |
464 | 8. The board of directors has the power and duty to: |
465 | a. Adopt articles of incorporation and bylaws necessary to |
466 | govern its activities. |
467 | b. Begin to transfer responsibility for planning from the |
468 | children's zone planning team to the corporation. |
469 | c. Begin the implementation and governance of the |
470 | children's zone community plan. |
471 | d. Enter into a contract with a management consultant who |
472 | has experience working with social service and educational |
473 | entities for the purpose of developing a 10-year comprehensive |
474 | business plan to carry out the provisions of this section. |
475 | (d) Miami Magic City Children's Promise Zone, Inc., shall |
476 | submit an annual report to the President of the Senate and the |
477 | Speaker of the House of Representatives by January 31, 2010 |
478 | 2009, and by January 31 of each year thereafter, which shall |
479 | include a comprehensive and detailed report of its operations, |
480 | activities, and accomplishments for the prior year as well as |
481 | its goals for the current year. The initial report shall also |
482 | include information concerning the status of the development of |
483 | a business plan. |
484 | (9) IMPLEMENTATION.--In order to implement The |
485 | implementation of this section, the Department of Children and |
486 | Family Services shall contract is contingent upon a specific |
487 | appropriation to provide a grant for a 3-year period for the |
488 | purpose of implementing this section, which includes contracting |
489 | with a not-for-profit corporation for the development of a |
490 | business plan and for the evaluation, fiscal management, and |
491 | oversight of the Miami Magic City Children's Promise Zone, Inc., |
492 | pilot project. |
493 | (10) OUNCE INTEREST EARNINGS.--Notwithstanding s. |
494 | 216.181(16)(b), the Ounce may retain any interest earned on |
495 | advances to expend on the children's promise zone activities. |
496 | The department shall develop reporting requirements that require |
497 | the Ounce to document the interest earnings and associated |
498 | expenditures on an annual basis. |
499 | Section 2. This act shall take effect upon becoming a law. |