Florida Senate - 2009 SB 2470
By Senator Bullard
39-01236A-09 20092470__
1 A bill to be entitled
2 An act relating to children’s promise zones; amending
3 s. 409.147, F.S.; renaming “children’s zones” as
4 “children’s promise zones”; revising legislative
5 findings and intent and policy and purpose; revising
6 definitions; requiring the governing body to establish
7 a children’s promise zone planning team; providing
8 powers and responsibilities of the planning team;
9 revising provisions relating to the strategic
10 community plan; providing for additional focus areas;
11 renaming and extending duration of the Magic City
12 Children’s Zone, Inc., pilot project; providing for
13 the corporation to be administered by the Department
14 of Children and Family Services; revising composition
15 of the board of directors and election and duties of
16 officers; providing for the department to enter into a
17 contract with a not-for-profit corporation to
18 implement the children’s promise zone program;
19 authorizing the Ounce of Prevention Fund of Florida,
20 Inc., to retain certain interest earnings to finance
21 project activities; requiring annual documentation of
22 interest earnings and expenditures; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 409.147, Florida Statutes, is amended to
28 read:
29 409.147 Children’s promise zones.—
30 (1) LEGISLATIVE FINDINGS AND INTENT.—
31 (a) The Legislature finds that:
32 1. There are neighborhoods in the state where the
33 infrastructure and opportunities that middle-class communities
34 take for granted are nonexistent or so marginal that they are
35 ineffective.
36 2. Children living in these neighborhoods are not read to
37 by an adult on a regular basis and attend a prekindergarten
38 education program at a much lower rate than children in other
39 communities. These children experience below-average performance
40 on standardized tests and graduate from high school and attend
41 college in fewer numbers. Most of these children are living in
42 poverty and are eligible for the free or reduced-price school
43 lunch program.
44 3. Children in these neighborhoods often suffer from high
45 rates of asthma, a higher risk of lead poisoning, and inadequate
46 health care, and they are routinely exposed to violence and
47 crime.
48 4. In spite of these obstacles, these neighborhoods are
49 many times home to strong individuals and institutions that are
50 committed to making a difference in the lives of children and
51 their families.
52 (b) It is therefore the intent of the Legislature to assist
53 disadvantaged areas within the state in creating a high quality,
54 neighborhood-based, comprehensive, coordinated community-based
55 service network that develops, coordinates, and provides quality
56 education, accessible health care, youth development programs,
57 opportunities for employment, and safe and affordable housing
58 combined with efforts to rebuild the basic fabric of the
59 community for children, young adults, and their families living
60 within the its boundaries of such a community.
61 (2) POLICY AND PURPOSE.—It is the policy of this state to
62 provide the necessary means to assist local communities, the
63 children, young adults, and their families who live in those
64 communities, and the private sector in creating a sound
65 educational, social, and economic environment. To achieve this
66 objective, the state intends to provide investments sufficient
67 to encourage community partners to commit financial and other
68 resources to severely disadvantaged areas. The purpose of this
69 section is to establish a process that clearly identifies the
70 severely disadvantaged areas and provides guidance for
71 developing a new social service paradigm that systematically
72 coordinates programs and focuses on integrating previously
73 compartmentalized approaches to early childhood, education,
74 health care, after-school services, parenting education, college
75 preparation, and neighborhood revitalization that address the
76 critical needs of children and their families and for directing
77 efforts to rebuild the basic infrastructure of the community.
78 The Legislature, therefore, declares the creation of children’s
79 promise zones, through the collaborative efforts of government
80 and the private sector, to be a public purpose. Over time, each
81 designated children’s promise zone will create a pipeline of
82 accessible, linked, best-practice programs, and high-quality
83 schools for neighborhood children and young adults, starting
84 before birth and ending with college graduation. The pipeline
85 shall include additional programs to support parents, families,
86 and the larger community.
87 (3) DEFINITIONS.—As used in this section, the term:
88 (a) “Governing body” means the commission or other
89 legislative body charged with governing a county or
90 municipality.
91 (b) “The Ounce” means the Ounce of Prevention Fund of
92 Florida, Inc.
93 (c) “Planning team” means a children’s zone planning team
94 established under this section.
95 (c)(d) “Resident” means a person who lives or operates a
96 small community-based business or organization within the
97 boundaries of the children’s promise zone.
98 (4) CHILDREN’S PROMISE ZONE NOMINATING PROCESS.—A county or
99 municipality, or a county and one or more municipalities
100 together, may apply to the Ounce to designate an area as a
101 children’s promise zone after the governing body:
102 (a) Adopts a resolution that:
103 1. Finds that an area exists in such county or
104 municipality, or in the county and one or more municipalities,
105 that chronically exhibits extreme and unacceptable levels of
106 poverty, unemployment, physical deterioration, as well as
107 limited access to quality educational, health care, and social
108 services.
109 2. Determines that the rehabilitation, conservation, or
110 redevelopment, or a combination thereof, of the area is
111 necessary in the interest of improving the health, wellness,
112 education, living conditions, and livelihoods of the children
113 and their families who live in the county or municipality.
114 3. Determines that the revitalization of the area can occur
115 only if the state and the private sector invest resources to
116 improve infrastructure and the provision of services.
117 (b) Establishes a children’s promise zone planning team as
118 provided in subsection (5).
119 (c) Develops and adopts a strategic community plan as
120 provided in subsection (6).
121 (d) Creates a corporation not for profit as provided in
122 subsection (7).
123 (5) CHILDREN’S PROMISE ZONE PLANNING TEAM.—
124 (a) After the governing body adopts the resolution
125 described in subsection (4), the county or municipality shall
126 establish a children’s promise zone planning team.
127 (b) The planning team shall include residents, parents,
128 teachers, business leaders, and other key stakeholders
129 representatives from community-based organizations and other
130 community institutions. At least half of the members of the
131 planning team must be residents.
132 (c) The planning team shall:
133 1. Develop a planning process that sets the direction for,
134 builds a commitment to, and develops the capacity to realize the
135 children’s promise zone concept.
136 2. Develop a vision of what the children’s promise zone
137 will look like when the challenges, problems, and opportunities
138 in the children’s zone are successfully addressed.
139 3. Identify important opportunities, strengths, challenges,
140 and problems in the children’s promise zone.
141 4. Develop a strategic community plan consisting of goals,
142 objectives, tasks, the designation of responsible parties, the
143 identification of resources needed, timelines for implementation
144 of the plan, and procedures for monitoring outcomes. The
145 strategic community plan shall serve as the foundation for the
146 work of the children’s promise zone and evaluation of the plan
147 shall measure program performance based on the stated objectives
148 and outcomes. The evaluation shall provide feedback to
149 stakeholders within the community regarding the programs,
150 information on which to base program modifications and
151 enhancements, and results-oriented indicators of success.
152 5. Develop a program that seeks to provide children living
153 in poverty with every possible chance to succeed through the
154 combined development of high-quality, comprehensive,
155 coordinated, neighborhood-based programs for children, young
156 adults, and parents, combined with efforts to rebuild the fabric
157 of the community.
158 (d) The planning team shall designate working groups to
159 specifically address each of the following focus areas:
160 1. Early development and care of children.
161 2. Education of children and youth.
162 3. Health and wellness.
163 4. Youth support.
164 5. Parent and guardian support.
165 6. Adult education, training, and jobs.
166 7. Community safety.
167 8. Housing and community development.
168 9. Elder affairs.
169 10. Faith community.
170 11. Arts and culture.
171 12. Evaluation.
172 13. Marketing and communication.
173 14. Fundraising and development.
174 (6) CHILDREN’S PROMISE ZONE STRATEGIC COMMUNITY PLAN.—After
175 the governing body adopts the resolution described in subsection
176 (4), the working groups shall develop objectives and identify
177 strategies for each focus area. The objectives, specified by
178 focus area, for a working group may include, but not be limited
179 to:
180 (a) Early development and care of children.
181 1. Providing resources to enable every child to be
182 adequately nurtured during the first 3 years of life.
183 2. Ensuring that all schools are ready for children and all
184 children are ready for school.
185 3. Facilitating enrollment in half-day or full-day
186 prekindergarten for all 3-year-old and 4-year-old children.
187 4. Strengthening parent and guardian relationships with
188 care providers.
189 5. Providing support and education for families and child
190 care providers.
191 (b) Education of children and youth.
192 1. Increasing the level and degree of accountability of
193 persons who are responsible for the development and well-being
194 of all children in the children’s promise zone.
195 2. Changing the structure and function of schools to
196 increase the quality and amount of time spent on instruction and
197 increase programmatic options and offerings.
198 3. Creating a safe and respectful environment for student
199 learning.
200 4. Identifying and supporting points of alignment between
201 the children’s promise zone community plan and the school
202 district’s strategic plan.
203 (c) Health and wellness.
204 1. Facilitating enrollment of all eligible children in the
205 Florida Kidcare program and providing full access to high
206 quality drug and alcohol treatment services.
207 2. Eliminating health disparities between racial and
208 cultural groups, including improving outcomes and increasing
209 interventions.
210 3. Providing fresh, good quality, affordable, and
211 nutritious food within the children’s zone.
212 4. Providing all children in the children’s zone with
213 access to safe structured and unstructured recreation.
214 (d) Youth support.
215 1. Increasing the high school graduation rate.
216 2. Increasing enrollment in postsecondary educational
217 programs.
218 3.2. Increasing leadership development and employment
219 opportunities for youth.
220 (e) Parent and guardian support.
221 1. Increasing parent and adult literacy.
222 2. Expanding access for parents to critical resources, such
223 as jobs, transportation, day care, and after-school care.
224 3. Improving the effectiveness of the ways in which support
225 systems communicate and collaborate with parents and the ways in
226 which parents communicate and collaborate with support systems.
227 4. Making the services of the Healthy Families Florida
228 program available to provide multiyear support to expectant
229 parents and persons caring for infants and toddlers.
230 (f) Adult education, training, and jobs.
231 1. Creating job opportunities for adults that lead to
232 career development.
233 2. Establishing a career and technical school, or a
234 satellite of such a school in the children’s zone, which
235 includes a one-stop career center.
236 (g) Community safety.
237 1. Providing a safe environment for all children at home,
238 in school, and in the community.
239 2. Eliminating the economic, political, and social forces
240 that lead to a lack of safety within the family, the community,
241 schools, and institutional structures.
242 3. Assessing policies and practices, including sentencing,
243 incarceration, detention, and data reporting, in order to reduce
244 youth violence, crime, and recidivism.
245 (h) Housing and community development.
246 1. Strengthening the residential real estate market.
247 2. Building on existing efforts to promote socioeconomic
248 diversity when developing a comprehensive land use strategic
249 plan.
250 3. Promoting neighborhood beautification strategies.
251 (i) Elder affairs.
252 1. Identifying elder residents who are primary caregivers
253 for younger children.
254 2. Improving the ability of elders to engage with the
255 school system.
256 3. Ensuring that elders are aware of the many legal options
257 for relationships with children in their care, including
258 guardianship, adoption, kinship care, and becoming a foster
259 parent.
260 (j) Faith community.
261 1. Encouraging churches to institute “One Church, One
262 Child” programming as part of their social mission to increase
263 the number of foster children who are adopted in the children’s
264 promise zone.
265 2. Empowering churches with the capacity to provide quality
266 human services and technical assistance in grant writing and
267 program management.
268 3. Encouraging churches to extend their ministries to hard
269 to-reach populations.
270 (k) Arts and culture.
271 1. Strengthening arts and music programs for children and
272 young adults throughout the zone.
273 2. Encouraging businesses, professional sports
274 organizations, and civic leaders to sponsor the attendance of
275 youth at special events in the children’s promise zone.
276 3. Increasing the exposure of the youth to other cultures
277 through travel and observation.
278 (l) Evaluation.
279 1. Facilitating the evaluation as developed by the external
280 evaluation team.
281 2. Developing the capacity of member organizations to
282 conduct evaluations.
283 3. Increasing the capability of member organizations to
284 collect and manage data.
285 4. Assisting in the assessment needs, strengths, and
286 capacities of member organizations.
287 5. Assisting in the development of ongoing sustainability
288 strategies.
289 (m) Marketing and communication.
290 1. Developing a marketing plan.
291 2. Beginning the process of brand development.
292 3. Developing community outreach plan goals and 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 state
354 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 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 Jackson
376 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 or
382 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 coalition.
391 x. The executive director of the Miami–Dade Affordable
392 Housing Foundation or his or her designee.
393 y. Six members that include residents and representatives
394 of local businesses, faith-based organizations, and nonprofit
395 organizations.
396 a. The chief executive officer of the Belafonte Tacolcy
397 Center.
398 b. The executive director of the Carrie P. Meek
399 Entrepreneurial Education Center, Miami-Dade College.
400 c. The director of the Parks and Recreation Department of
401 the City of Miami.
402 d. The director of the Miami-Dade Cultural Arts Center.
403 e. The chief executive officer of the Urban League of
404 Greater Miami.
405 f. The director of the Liberty City Service Partnership.
406 g. The regional superintendent of the Miami-Dade County
407 Public Schools.
408 h. The president of the Student Government Association of
409 Northwestern High School.
410 i. The president of the Student Government Association of
411 Edison High School.
412 j. The president of the Parent Teacher Student Association
413 of Northwestern High School.
414 k. The president of the Parent Teacher Student Association
415 of Edison High School.
416 l. Four members from the local private business sector, to
417 be appointed by a majority vote of the members designated in
418 sub-subparagraphs a.-k., all of whom must have significant
419 experience in one of the focus areas specified in subsection
420 (6).
421 2. All members of the board of directors shall be appointed
422 no later than 90 days following the incorporation of the Miami
423 Magic City Children’s Promise Zone, Inc., and:
424 a. Eleven Members initially appointed pursuant to this
425 paragraph shall each serve a 2-year 4-year term.
426 b. The remaining initial four appointees shall each serve a
427 2-year term.
428 c. Each member appointed thereafter shall serve a 4-year
429 term.
430 b.d. A vacancy shall be filled in the same manner in which
431 the original appointment was made, and a member appointed to
432 fill a vacancy shall serve for the remainder of that term.
433 c.e. A member may not serve more than 8 years in
434 consecutive terms.
435 3. The board of directors shall biennially annually elect a
436 chairperson and a vice chairperson from among the board’s
437 members. The members may, by a vote of 16 eight members, remove
438 a member from the position of chairperson or vice chairperson
439 before the expiration of his or her term as chairperson or vice
440 chairperson. His or her successor shall be elected to serve for
441 the balance of the term of the chairperson or vice chairperson
442 who was removed.
443 4. The board of directors shall meet at least four times
444 each year upon the call of the chairperson, at the request of
445 the vice chairperson, or at the request of a majority of the
446 membership. A majority of the membership constitutes a quorum.
447 The board of directors may take official action by a majority
448 vote of the members present at any meeting at which a quorum is
449 present. The board may conduct its meetings through
450 teleconferences or other similar means.
451 5. A member of the board of directors may be removed by a
452 majority of the membership. Absence from three consecutive
453 meetings results in automatic removal.
454 6. Each member of the board of directors shall serve
455 without compensation but is entitled to reimbursement for per
456 diem and travel expenses as provided in s. 112.061 while in the
457 performance of his or her duties.
458 7. The corporation shall create a standing advisory board
459 to assist in any part of its delegated duties. The membership of
460 the standing advisory board shall reflect the expertise
461 necessary for the implementation of the children’s zone pilot
462 project.
463 8. The board of directors has the power and duty to:
464 a. Adopt articles of incorporation and bylaws necessary to
465 govern its activities.
466 b. Begin to transfer responsibility for planning from the
467 children’s zone planning team to the corporation.
468 c. Begin the implementation and governance of the
469 children’s zone community plan.
470 d. Enter into a contract with a management consultant who
471 has experience working with social service and educational
472 entities for the purpose of developing a 10-year comprehensive
473 business plan to carry out the provisions of this section.
474 (d) Miami Magic City Children’s Promise Zone, Inc., shall
475 submit an annual report to the President of the Senate and the
476 Speaker of the House of Representatives by January 31, 2010
477 2009, and by January 31 of each year thereafter, which shall
478 include a comprehensive and detailed report of its operations,
479 activities, and accomplishments for the prior year as well as
480 its goals for the current year. The initial report shall also
481 include information concerning the status of the development of
482 a business plan.
483 (9) IMPLEMENTATION.—In order to implement The
484 implementation of this section, the Department of Children and
485 Family Services shall contract is contingent upon a specific
486 appropriation to provide a grant for a 3-year period for the
487 purpose of implementing this section, which includes contracting
488 with a not-for-profit corporation for the development of a
489 business plan and for the evaluation, fiscal management, and
490 oversight of the Miami Magic City Children’s Promise Zone, Inc.,
491 pilot project.
492 (10) OUNCE INTEREST EARNINGS.—Notwithstanding s.
493 216.181(16)(b), the Ounce may retain any interest earned on
494 advances to expend on the children’s promise zone activities.
495 The department shall develop reporting requirements that require
496 the Ounce to document the interest earnings and associated
497 expenditures on an annual basis.
498 Section 2. This act shall take effect upon becoming a law.