HB 1419

1
A bill to be entitled
2An act relating to children's promise zones; amending s.
3409.147, F.S.; renaming "children's zones" as "children's
4promise zones"; revising legislative findings and intent
5and policy and purpose; revising definitions; requiring
6the governing body to establish a children's promise zone
7planning team; providing powers and responsibilities of
8the planning team; revising provisions relating to the
9strategic community plan; providing for additional focus
10areas; renaming and extending duration of the Magic City
11Children's Zone, Inc., pilot project; providing for the
12corporation to be administered by the Department of
13Children and Family Services; revising composition of the
14board of directors and election and duties of officers;
15providing for the department to enter into a contract with
16a not-for-profit corporation to implement the children's
17promise zone program; authorizing the Ounce of Prevention
18Fund of Florida, Inc., to retain certain interest earnings
19to finance project activities; requiring annual
20documentation of interest earnings and expenditures;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 409.147, Florida Statutes, is amended
26to 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
31infrastructure and opportunities that middle-class communities
32take for granted are nonexistent or so marginal that they are
33ineffective.
34     2.  Children living in these neighborhoods are not read to
35by an adult on a regular basis and attend a prekindergarten
36education program at a much lower rate than children in other
37communities. These children experience below-average performance
38on standardized tests and graduate from high school and attend
39college in fewer numbers. Most of these children are living in
40poverty and are eligible for the free or reduced-price school
41lunch program.
42     3.  Children in these neighborhoods often suffer from high
43rates of asthma, a higher risk of lead poisoning, and inadequate
44health care, and they are routinely exposed to violence and
45crime.
46     4.  In spite of these obstacles, these neighborhoods are
47many times home to strong individuals and institutions that are
48committed to making a difference in the lives of children and
49their families.
50     (b)  It is therefore the intent of the Legislature to
51assist disadvantaged areas within the state in creating a high
52quality, neighborhood-based, comprehensive, coordinated
53community-based service network that develops, coordinates, and
54provides quality education, accessible health care, youth
55development programs, opportunities for employment, and safe and
56affordable housing combined with efforts to rebuild the basic
57fabric of the community for children, young adults, and their
58families living within the its boundaries of such a community.
59     (2)  POLICY AND PURPOSE.--It is the policy of this state to
60provide the necessary means to assist local communities, the
61children, young adults, and their families who live in those
62communities, and the private sector in creating a sound
63educational, social, and economic environment. To achieve this
64objective, the state intends to provide investments sufficient
65to encourage community partners to commit financial and other
66resources to severely disadvantaged areas. The purpose of this
67section is to establish a process that clearly identifies the
68severely disadvantaged areas and provides guidance for
69developing a new social service paradigm that systematically
70coordinates programs and focuses on integrating previously
71compartmentalized approaches to early childhood, education,
72health care, after-school services, parenting education, college
73preparation, and neighborhood revitalization that address the
74critical needs of children and their families and for directing
75efforts to rebuild the basic infrastructure of the community.
76The Legislature, therefore, declares the creation of children's
77promise zones, through the collaborative efforts of government
78and the private sector, to be a public purpose. Over time, each
79designated children's promise zone will create a pipeline of
80accessible, linked, best-practice programs, and high-quality
81schools for neighborhood children and young adults, starting
82before birth and ending with college graduation. The pipeline
83shall include additional programs to support parents, families,
84and the larger community.
85     (3)  DEFINITIONS.--As used in this section, the term:
86     (a)  "Governing body" means the commission or other
87legislative body charged with governing a county or
88municipality.
89     (b)  "The Ounce" means the Ounce of Prevention Fund of
90Florida, Inc.
91     (c)  "Planning team" means a children's zone planning team
92established under this section.
93     (c)(d)  "Resident" means a person who lives or operates a
94small community-based business or organization within the
95boundaries of the children's promise zone.
96     (4)  CHILDREN'S PROMISE ZONE NOMINATING PROCESS.--A county
97or municipality, or a county and one or more municipalities
98together, may apply to the Ounce to designate an area as a
99children's promise zone after the governing body:
100     (a)  Adopts a resolution that:
101     1.  Finds that an area exists in such county or
102municipality, or in the county and one or more municipalities,
103that chronically exhibits extreme and unacceptable levels of
104poverty, unemployment, physical deterioration, as well as
105limited access to quality educational, health care, and social
106services.
107     2.  Determines that the rehabilitation, conservation, or
108redevelopment, or a combination thereof, of the area is
109necessary in the interest of improving the health, wellness,
110education, living conditions, and livelihoods of the children
111and their families who live in the county or municipality.
112     3.  Determines that the revitalization of the area can
113occur only if the state and the private sector invest resources
114to improve infrastructure and the provision of services.
115     (b)  Establishes a children's promise zone planning team as
116provided in subsection (5).
117     (c)  Develops and adopts a strategic community plan as
118provided in subsection (6).
119     (d)  Creates a corporation not for profit as provided in
120subsection (7).
121     (5)  CHILDREN'S PROMISE ZONE PLANNING TEAM.--
122     (a)  After the governing body adopts the resolution
123described in subsection (4), the county or municipality shall
124establish a children's promise zone planning team.
125     (b)  The planning team shall include residents, parents,
126teachers, business leaders, and other key stakeholders
127representatives from community-based organizations and other
128community institutions. At least half of the members of the
129planning team must be residents.
130     (c)  The planning team shall:
131     1.  Develop a planning process that sets the direction for,
132builds a commitment to, and develops the capacity to realize the
133children's promise zone concept.
134     2.  Develop a vision of what the children's promise zone
135will look like when the challenges, problems, and opportunities
136in the children's zone are successfully addressed.
137     3.  Identify important opportunities, strengths,
138challenges, and problems in the children's promise zone.
139     4.  Develop a strategic community plan consisting of goals,
140objectives, tasks, the designation of responsible parties, the
141identification of resources needed, timelines for implementation
142of the plan, and procedures for monitoring outcomes. The
143strategic community plan shall serve as the foundation for the
144work of the children's promise zone and evaluation of the plan
145shall measure program performance based on the stated objectives
146and outcomes. The evaluation shall provide feedback to
147stakeholders within the community regarding the programs,
148information on which to base program modifications and
149enhancements, and results-oriented indicators of success.
150     5.  Develop a program that seeks to provide children living
151in poverty with every possible chance to succeed through the
152combined development of high-quality, comprehensive,
153coordinated, neighborhood-based programs for children, young
154adults, and parents, combined with efforts to rebuild the fabric
155of the community.
156     (d)  The planning team shall designate working groups to
157specifically 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
173PLAN.--After the governing body adopts the resolution described
174in subsection (4), the working groups shall develop objectives
175and identify strategies for each focus area. The objectives,
176specified by focus area, for a working group may include, but
177not be limited to:
178     (a)  Early development and care of children.
179     1.  Providing resources to enable every child to be
180adequately nurtured during the first 3 years of life.
181     2.  Ensuring that all schools are ready for children and
182all children are ready for school.
183     3.  Facilitating enrollment in half-day or full-day
184prekindergarten for all 3-year-old and 4-year-old children.
185     4.  Strengthening parent and guardian relationships with
186care providers.
187     5.  Providing support and education for families and child
188care providers.
189     (b)  Education of children and youth.
190     1.  Increasing the level and degree of accountability of
191persons who are responsible for the development and well-being
192of all children in the children's promise zone.
193     2.  Changing the structure and function of schools to
194increase the quality and amount of time spent on instruction and
195increase programmatic options and offerings.
196     3.  Creating a safe and respectful environment for student
197learning.
198     4.  Identifying and supporting points of alignment between
199the children's promise zone community plan and the school
200district's strategic plan.
201     (c)  Health and wellness.
202     1.  Facilitating enrollment of all eligible children in the
203Florida Kidcare program and providing full access to high-
204quality drug and alcohol treatment services.
205     2.  Eliminating health disparities between racial and
206cultural groups, including improving outcomes and increasing
207interventions.
208     3.  Providing fresh, good quality, affordable, and
209nutritious food within the children's zone.
210     4.  Providing all children in the children's zone with
211access 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
215programs.
216     3.2.  Increasing leadership development and employment
217opportunities for youth.
218     (e)  Parent and guardian support.
219     1.  Increasing parent and adult literacy.
220     2.  Expanding access for parents to critical resources,
221such as jobs, transportation, day care, and after-school care.
222     3.  Improving the effectiveness of the ways in which
223support systems communicate and collaborate with parents and the
224ways in which parents communicate and collaborate with support
225systems.
226     4.  Making the services of the Healthy Families Florida
227program available to provide multiyear support to expectant
228parents and persons caring for infants and toddlers.
229     (f)  Adult education, training, and jobs.
230     1.  Creating job opportunities for adults that lead to
231career development.
232     2.  Establishing a career and technical school, or a
233satellite of such a school in the children's zone, which
234includes a one-stop career center.
235     (g)  Community safety.
236     1.  Providing a safe environment for all children at home,
237in school, and in the community.
238     2.  Eliminating the economic, political, and social forces
239that lead to a lack of safety within the family, the community,
240schools, and institutional structures.
241     3.  Assessing policies and practices, including sentencing,
242incarceration, detention, and data reporting, in order to reduce
243youth 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
247diversity when developing a comprehensive land use strategic
248plan.
249     3.  Promoting neighborhood beautification strategies.
250     (i)  Elder affairs.
251     1.  Identifying elder residents who are primary caregivers
252for younger children.
253     2.  Improving the ability of elders to engage with the
254school system.
255     3.  Ensuring that elders are aware of the many legal
256options for relationships with children in their care, including
257guardianship, adoption, kinship care, and becoming a foster
258parent.
259     (j)  Faith community.
260     1.  Encouraging churches to institute "One Church, One
261Child" programming as part of their social mission to increase
262the number of foster children who are adopted in the children's
263promise zone.
264     2.  Empowering churches with the capacity to provide
265quality human services and technical assistance in grant writing
266and program management.
267     3.  Encouraging churches to extend their ministries to
268hard-to-reach populations.
269     (k)  Arts and culture.
270     1.  Strengthening arts and music programs for children and
271young adults throughout the zone.
272     2.  Encouraging businesses, professional sports
273organizations, and civic leaders to sponsor the attendance of
274youth at special events in the children's promise zone.
275     3.  Increasing the exposure of the youth to other cultures
276through travel and observation.
277     (l)  Evaluation.
278     1.  Facilitating the evaluation as developed by the
279external evaluation team.
280     2.  Developing the capacity of member organizations to
281conduct evaluations.
282     3.  Increasing the capability of member organizations to
283collect and manage data.
284     4.  Assisting in the assessment needs, strengths, and
285capacities of member organizations.
286     5.  Assisting in the development of ongoing sustainability
287strategies.
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
292objectives.
293     (n)  Fundraising and development.
294     1.  Developing fundraising goals and an overall development
295strategy for a sustained 10-year outlook.
296     2.  Identifying potential donors.
297     3.  Outlining specific benefits to the community and the
298economy of the children's promise zone.
299     (7)  CHILDREN'S PROMISE ZONE CORPORATION.--After the
300governing body adopts the resolution described in subsection
301(4), the county or municipality shall create a corporation not
302for profit which shall be registered, incorporated, organized,
303and operated in compliance with chapter 617. The purpose of the
304corporation is to facilitate fundraising, to secure broad
305community ownership of the children's promise zone, and, if the
306area selected by the governing body is designated as a
307children's promise zone, to:
308     (a)  Begin to transfer responsibility for planning from the
309planning team to the corporation.
310     (b)  Begin the implementation and governance of the
311children's zone community plan.
312     (8)  CREATION OF MIAMI MAGIC CITY CHILDREN'S PROMISE ZONE,
313INC., PILOT PROJECT.--
314     (a)  There is created within the Liberty City neighborhood
315in Miami-Dade County a 10-year pilot project zone that, by
316November 1, 2009 2008, shall be managed by an entity organized
317as a corporation not for profit which shall be registered,
318incorporated, organized, and operated in compliance with chapter
319617. The corporation shall be known as the Miami Magic City
320Children's Promise Zone, Inc., and shall be administratively
321housed within the Department of Children and Family Services
322Belafonte Tacolcy Center. However, Miami Magic City Children's
323Promise Zone, Inc., is not subject to control, supervision, or
324direction by the Department of Children and Family Services
325Belafonte Tacolcy Center in any manner. The Legislature
326determines, however, that public policy dictates that the
327corporation operate in the most open and accessible manner
328consistent with its public purpose. Therefore, the Legislature
329specifically declares that the corporation is subject to chapter
330119, relating to public records, chapter 286, relating to public
331meetings and records, and chapter 287, relating to procurement
332of commodities or contractual services.
333     (b)  This pilot project zone is designed to encompass an
334area that is large enough to include all of the necessary
335components of community life, including, but not limited to,
336schools, places of worship, recreational facilities, commercial
337areas, and common space, yet small enough to allow programs and
338services to reach every willing member of the neighborhood.
339Therefore, the geographic boundaries of the pilot project zone
340are:
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-
346member board of directors, which. The board of directors shall
347consist of the following members:
348     a.  The district administrator for Miami-Dade County from
349the Department of Children and Family Services or his or her
350designee.
351     b.  The superintendent of Miami-Dade County Public Schools
352or his or her designee.
353     c.  A representative from the Miami-Dade office of the
354state attorney who works in child support enforcement.
355     d.  A representative from the Miami-Dade County Health
356Department's Consortium for a Healthier Miami-Dade.
357     e.  The director of the Agency for Workforce Innovation or
358his or her designee.
359     f.  The circuit coordinator from the Department of Juvenile
360Justice or his or her designee.
361     g.  A representative from the Greater Miami Chamber of
362Commerce.
363     h.  A representative from the Miami-Dade Chamber of
364Commerce.
365     i.  A representative from the Haitian-American Chamber of
366Commerce 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
370Projects, appointed by the chair of the resident council.
371     m.  The director of the City of Miami Neighborhood
372Enhancement Team or his or her designee.
373     n.  The executive director of the Jessie Trice Community
374Health Center.
375     o.  A representative from the Public Health Trust at
376Jackson Memorial Hospital.
377     p.  A representative from the City of Miami Police
378Department North District, to be chosen by the commander.
379     q.  A representative from the Early Learning Coalition of
380Miami-Dade and Monroe Counties.
381     r.  The executive director of Habitat for Humanity or his
382or 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
385Children's Trust of Miami-Dade County or his or her designee.
386     u.  A judge, to be appointed by the chief judge of the
387juvenile division of the Eleventh Judicial Circuit.
388     v.  A representative from the Healthy Families Florida
389program, to be chosen by the executive director.
390     w.  A representative from the local Healthy Start
391coalition.
392     x.  The executive director of the Miami-Dade Affordable
393Housing Foundation or his or her designee.
394     y.  Six members that include residents and representatives
395of local businesses, faith-based organizations, and nonprofit
396organizations.
397     a.  The chief executive officer of the Belafonte Tacolcy
398Center.
399     b.  The executive director of the Carrie P. Meek
400Entrepreneurial Education Center, Miami-Dade College.
401     c.  The director of the Parks and Recreation Department of
402the 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
405Greater Miami.
406     f.  The director of the Liberty City Service Partnership.
407     g.  The regional superintendent of the Miami-Dade County
408Public Schools.
409     h.  The president of the Student Government Association of
410Northwestern High School.
411     i.  The president of the Student Government Association of
412Edison High School.
413     j.  The president of the Parent Teacher Student Association
414of Northwestern High School.
415     k.  The president of the Parent Teacher Student Association
416of Edison High School.
417     l.  Four members from the local private business sector, to
418be appointed by a majority vote of the members designated in
419sub-subparagraphs a.-k., all of whom must have significant
420experience in one of the focus areas specified in subsection
421(6).
422     2.  All members of the board of directors shall be
423appointed no later than 90 days following the incorporation of
424the Miami Magic City Children's Promise Zone, Inc., and:
425     a.  Eleven Members initially appointed pursuant to this
426paragraph shall each serve a 2-year 4-year term.
427     b.  The remaining initial four appointees shall each serve
428a 2-year term.
429     c.  Each member appointed thereafter shall serve a 4-year
430term.
431     b.d.  A vacancy shall be filled in the same manner in which
432the original appointment was made, and a member appointed to
433fill a vacancy shall serve for the remainder of that term.
434     c.e.  A member may not serve more than 8 years in
435consecutive terms.
436     3.  The board of directors shall biennially annually elect
437a chairperson and a vice chairperson from among the board's
438members. The members may, by a vote of 16 eight members, remove
439a member from the position of chairperson or vice chairperson
440before the expiration of his or her term as chairperson or vice
441chairperson. His or her successor shall be elected to serve for
442the balance of the term of the chairperson or vice chairperson
443who was removed.
444     4.  The board of directors shall meet at least four times
445each year upon the call of the chairperson, at the request of
446the vice chairperson, or at the request of a majority of the
447membership. A majority of the membership constitutes a quorum.
448The board of directors may take official action by a majority
449vote of the members present at any meeting at which a quorum is
450present. The board may conduct its meetings through
451teleconferences or other similar means.
452     5.  A member of the board of directors may be removed by a
453majority of the membership. Absence from three consecutive
454meetings results in automatic removal.
455     6.  Each member of the board of directors shall serve
456without compensation but is entitled to reimbursement for per
457diem and travel expenses as provided in s. 112.061 while in the
458performance of his or her duties.
459     7.  The corporation shall create a standing advisory board
460to assist in any part of its delegated duties. The membership of
461the standing advisory board shall reflect the expertise
462necessary for the implementation of the children's zone pilot
463project.
464     8.  The board of directors has the power and duty to:
465     a.  Adopt articles of incorporation and bylaws necessary to
466govern its activities.
467     b.  Begin to transfer responsibility for planning from the
468children's zone planning team to the corporation.
469     c.  Begin the implementation and governance of the
470children's zone community plan.
471     d.  Enter into a contract with a management consultant who
472has experience working with social service and educational
473entities for the purpose of developing a 10-year comprehensive
474business plan to carry out the provisions of this section.
475     (d)  Miami Magic City Children's Promise Zone, Inc., shall
476submit an annual report to the President of the Senate and the
477Speaker of the House of Representatives by January 31, 2010
4782009, and by January 31 of each year thereafter, which shall
479include a comprehensive and detailed report of its operations,
480activities, and accomplishments for the prior year as well as
481its goals for the current year. The initial report shall also
482include information concerning the status of the development of
483a business plan.
484     (9)  IMPLEMENTATION.--In order to implement The
485implementation of this section, the Department of Children and
486Family Services shall contract is contingent upon a specific
487appropriation to provide a grant for a 3-year period for the
488purpose of implementing this section, which includes contracting
489with a not-for-profit corporation for the development of a
490business plan and for the evaluation, fiscal management, and
491oversight of the Miami Magic City Children's Promise Zone, Inc.,
492pilot project.
493     (10)  OUNCE INTEREST EARNINGS.--Notwithstanding s.
494216.181(16)(b), the Ounce may retain any interest earned on
495advances to expend on the children's promise zone activities.
496The department shall develop reporting requirements that require
497the Ounce to document the interest earnings and associated
498expenditures on an annual basis.
499     Section 2.  This act shall take effect upon becoming a law.


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