((LATE FILED FOR: APRIL 24 THIRD READING ))	Amendment
Bill No. HB 381

Amendment No. 130471

CHAMBER ACTION
Senate		House
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1	Representative N. Thompson offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  This act may be cited as the "Zahid Jones, Jr.,
6	Give Grandparents and Other Relatives a Voice Act."
7	Section 2.  Section 39.00145, Florida Statutes, is created
8	to read:
9	39.00145  Records concerning children.--
10	(1)  The case record of every child under the supervision
11	of or in the custody of the department, the department's
12	authorized agents, or providers contracting with the department,
13	including community-based care lead agencies and their
14	subcontracted providers, must be maintained in a complete and
15	accurate manner. The case record must contain, at a minimum, the
16	child's case plan required under part VIII of this chapter and
17	the full name and street address of all shelters, foster
18	parents, group homes, treatment facilities, or locations where
19	the child has been placed.
20	(2)  Notwithstanding any other provision of this chapter,
21	all records in a child's case record must be made available for
22	inspection, upon request, to the child who is the subject of the
23	case record and to the child's caregiver, guardian ad litem, or
24	attorney.
25	(a)  A complete and accurate copy of any record in a
26	child's case record must be provided, upon request and at no
27	cost, to the child who is the subject of the case record and to
28	the child's caregiver, guardian ad litem, or attorney.
29	(b)  The department shall release the information in a
30	manner and setting that are appropriate to the age and maturity
31	of the child and the nature of the information being released,
32	which may include the release of information in a therapeutic
33	setting, if appropriate. This paragraph does not deny the child
34	access to his or her records.
35	(c)  If a child or the child's caregiver, guardian ad
36	litem, or attorney requests access to the child's case record,
37	any person or entity that fails to provide any record in the
38	case record under assertion of a claim of exemption from the
39	public-records requirements of chapter 119, or fails to provide
40	access within a reasonable time, is subject to sanctions and
41	penalties under s. 119.10.
42	(d)  For purposes of this subsection, the term "caregiver"
43	is limited to parents, legal custodians, permanent guardians,
44	foster parents, employees of a residential home, institution,
45	facility, or agency at which the child resides and other
46	individuals legally responsible for a child's welfare in a
47	residential setting.
48	(3)  If a court determines that sharing information in the
49	child's case record is necessary to ensure access to appropriate
50	services for the child or for the safety of the child, the court
51	may approve the release of confidential records or information
52	contained in them.
53	(4)  Notwithstanding any other provision of law, all state
54	and local agencies and programs that provide services to
55	children or that are responsible for a child's safety, including
56	the Department of Juvenile Justice, the Department of Health,
57	the Agency for Health Care Administration, the Agency for
58	Persons with Disabilities, the Department of Education, the
59	Department of Revenue, the school districts, the Statewide
60	Guardian Ad Litem Office, and any provider contracting with such
61	agencies, may share with each other confidential records or
62	information that are confidential or exempt from disclosure
63	under chapter 119 if the records or information are reasonably
64	necessary to ensure access to appropriate services for the
65	child, including child support enforcement services, or for the
66	safety of the child. However:
67	(a)  Records or information made confidential by federal
68	law may not be shared.
69	(b)  This subsection does not apply to information
70	concerning clients and records of certified domestic violence
71	centers, which are confidential under s. 39.908 and privileged
72	under s. 90.5036.
73	Section 3.  Subsection (7) of section 39.201, Florida
74	Statutes, is amended to read:
75	39.201  Mandatory reports of child abuse, abandonment, or
76	neglect; mandatory reports of death; central abuse hotline.--
77	(7)  On an ongoing basis, the department's quality
78	assurance program shall review calls, fax reports, and web-based
79	reports to the hotline involving three or more unaccepted
80	reports on a single child, where jurisdiction applies, in order
81	to detect such things as harassment and situations that warrant
82	an investigation because of the frequency or variety of the
83	source of the reports. A component of the quality assurance
84	program shall analyze unaccepted reports to the hotline by
85	identified relatives as a part of the review of screened out
86	calls. The Program Director for Family Safety may refer a case
87	for investigation when it is determined, as a result of this
88	review, that an investigation may be warranted.
89	Section 4.  Subsection (7) of section 39.202, Florida
90	Statutes, is amended, and paragraphs (r) and (s) are added to
91	subsection (2) of that section, to read:
92	39.202  Confidentiality of reports and records in cases of
93	child abuse or neglect.--
94	(2)  Except as provided in subsection (4), access to such
95	records, excluding the name of the reporter which shall be
96	released only as provided in subsection (5), shall be granted
97	only to the following persons, officials, and agencies:
98	(r)  A physician licensed under chapter 458 or chapter 459,
99	a psychologist licensed under chapter 490, or a mental health
100	professional licensed under chapter 491 engaged in the care or
101	treatment of the child.
102	(s)  Persons with whom the department is seeking to place
103	the child or to whom placement has been granted, including
104	foster parents for whom an approved home study has been
105	conducted, the designee of a licensed residential group home
106	described in s. 39.523, an approved relative or nonrelative with
107	whom a child is placed pursuant to s. 39.402, preadoptive
108	parents for whom a favorable preliminary adoptive home study has
109	been conducted, adoptive parents, or an adoption entity acting
110	on behalf of preadoptive or adoptive parents.
111	(7)  The department shall make and keep reports and records
112	of all cases under this chapter relating to child abuse,
113	abandonment, and neglect and shall preserve the records
114	pertaining to a child and family until 7 years after the last
115	entry was made or until the child who is the subject of the
116	record is 30 is 18 years of age, whichever date is first
117	reached, and may then destroy the records. Department records
118	required by this chapter relating to child abuse, abandonment,
119	and neglect may be inspected only upon order of the court or as
120	provided for in this section.
121	(a)  Within 90 days after the child leaves the department's
122	custody, the department shall give a notice to the person having
123	legal custody of the child, or to the young adult who was in the
124	department's custody, which specifies how the records may be
125	obtained.
126	(b)  The department may adopt rules regarding the format,
127	storage, retrieval, and release of such records.
128	Section 5.  Subsections (6) through (23) of section 39.301,
129	Florida Statutes, are renumbered as subsections (7) through
130	(24), respectively, paragraph (c) of present subsection (9),
131	present subsection (10), and paragraph (b) of present subsection
132	(14) are amended, and a new subsection (6) is added to that
133	section, to read:
134	39.301  Initiation of protective investigations.--
135	(6)  Upon commencing an investigation under this part, if a
136	report was received from a reporter under s. 39.201(1)(b), the
137	protective investigator must provide his or her contact
138	information to the reporter within 24 hours after being assigned
139	to the investigation. The investigator must also advise the
140	reporter that he or she may provide a written summary of the
141	report made to the central abuse hotline to the investigator
142	which shall become a part of the master file.
143	(10)(9)
144	(c)  The determination that a report requires an
145	investigation as provided in this subsection and does not
146	require an enhanced onsite child protective investigation
147	pursuant to subsection (11) (10) must be approved in writing by
148	the supervisor with documentation specifying why additional
149	investigative activities are not necessary.
150	(11)(10)(a)  For each report that meets one or more of the
151	following criteria, the department shall perform an enhanced
152	onsite child protective investigation:
153	1.  Any allegation that involves physical abuse, sexual
154	abuse, domestic violence, substance abuse or substance exposure,
155	medical neglect, a child younger than 3 years of age, or a child
156	who is disabled or lacks communication skills.
157	2.  Any report that involves an individual who has been the
158	subject of a prior report containing some indicators or verified
159	findings of abuse, neglect, or abandonment.
160	3.  Any report that does not contain compelling evidence
161	that the maltreatment did not occur.
162	4.  Any report that does not meet the criteria for an
163	onsite child protective investigation as set forth in subsection
164	(10) (9).
165	(b)  The enhanced onsite child protective investigation
166	shall include, but is not limited to:
167	1.  A face-to-face interview with the child, other
168	siblings, parents or legal custodians or caregivers, and other
169	adults in the household;
170	2.  Collateral contacts;
171	3.  Contact with the reporter as required by rule;
172	4.  An onsite assessment of the child's residence in
173	accordance with paragraph (10)(9)(b); and
174	5.  An updated assessment.
175
176	Detailed documentation is required for the investigative
177	activities.
178	(15)(14)
179	(b)  The parents or legal custodians shall be informed of
180	the right to refuse services, as well as the responsibility of
181	the department to protect the child regardless of the acceptance
182	or refusal of services. If the services are refused, a
183	collateral contact required under subparagraph (11)(b)2. shall
184	include a relative, if the protective investigator has knowledge
185	of and the ability to contact a relative. If the services are
186	refused and the department deems that the child's need for
187	protection so requires, the department shall take the child into
188	protective custody or petition the court as provided in this
189	chapter. At any time after the commencement of a protective
190	investigation, a relative may submit in writing to the
191	protective investigator or case manager a request to receive
192	notification of all proceedings and hearings in accordance with
193	s. 39.502. The request shall include the relative's name,
194	address, and phone number and the relative's relationship to the
195	child. The protective investigator or case manager shall forward
196	such request to the attorney for the department. The failure to
197	provide notice to either a relative who requests it pursuant to
198	this subsection or to a relative who is providing out-of-home
199	care for a child shall not result in any previous action of the
200	court at any stage or proceeding in dependency or termination of
201	parental rights under any part of this chapter being set aside,
202	reversed, modified, or in any way changed absent a finding by
203	the court that a change is required in the child's best
204	interests.
205	Section 6.  Subsection (4) of section 39.304, Florida
206	Statutes, is amended to read:
207	39.304  Photographs, medical examinations, X rays, and
208	medical treatment of abused, abandoned, or neglected child.--
209	(4)  Any photograph or report on examinations made or X
210	rays taken pursuant to this section, or copies thereof, shall be
211	sent to the department as soon as possible and shall be
212	preserved in permanent form in records held by the department.
213	Section 7.  Paragraph (h) of subsection (8) of section
214	39.402, Florida Statutes, is amended to read:
215	39.402  Placement in a shelter.--
216	(8)
217	(h)  The order for placement of a child in shelter care
218	must identify the parties present at the hearing and must
219	contain written findings:
220	1.  That placement in shelter care is necessary based on
221	the criteria in subsections (1) and (2).
222	2.  That placement in shelter care is in the best interest
223	of the child.
224	3.  That continuation of the child in the home is contrary
225	to the welfare of the child because the home situation presents
226	a substantial and immediate danger to the child's physical,
227	mental, or emotional health or safety which cannot be mitigated
228	by the provision of preventive services.
229	4.  That based upon the allegations of the petition for
230	placement in shelter care, there is probable cause to believe
231	that the child is dependent or that the court needs additional
232	time, which may not exceed 72 hours, in which to obtain and
233	review documents pertaining to the family in order to
234	appropriately determine the risk to the child.
235	5.  That the department has made reasonable efforts to
236	prevent or eliminate the need for removal of the child from the
237	home. A finding of reasonable effort by the department to
238	prevent or eliminate the need for removal may be made and the
239	department is deemed to have made reasonable efforts to prevent
240	or eliminate the need for removal if:
241	a.  The first contact of the department with the family
242	occurs during an emergency;
243	b.  The appraisal of the home situation by the department
244	indicates that the home situation presents a substantial and
245	immediate danger to the child's physical, mental, or emotional
246	health or safety which cannot be mitigated by the provision of
247	preventive services;
248	c.  The child cannot safely remain at home, either because
249	there are no preventive services that can ensure the health and
250	safety of the child or because, even with appropriate and
251	available services being provided, the health and safety of the
252	child cannot be ensured; or
253	d.  The parent or legal custodian is alleged to have
254	committed any of the acts listed as grounds for expedited
255	termination of parental rights in s. 39.806(1)(f)-(i).
256	6.  That the court notified the parents, relatives that are
257	providing out-of-home care for the child, or legal custodians of
258	the time, date, and location of the next dependency hearing and
259	of the importance of the active participation of the parents,
260	relatives that are providing out-of-home care for the child, or
261	legal custodians in all proceedings and hearings.
262	7.  That the court notified the parents or legal custodians
263	of their right to counsel to represent them at the shelter
264	hearing and at each subsequent hearing or proceeding, and the
265	right of the parents to appointed counsel, pursuant to the
266	procedures set forth in s. 39.013.
267	8.  That the court notified relatives who are providing
268	out-of-home care for a child as a result of the shelter petition
269	being granted that they have the right to attend all subsequent
270	hearings, to submit reports to the court, and to speak to the
271	court regarding the child, if they so desire.
272	Section 8.  Subsection (1) of section 39.502, Florida
273	Statutes, is amended, and subsection (19) is added to that
274	section, to read:
275	39.502  Notice, process, and service.--
276	(1)  Unless parental rights have been terminated, all
277	parents must be notified of all proceedings or hearings
278	involving the child. Notice in cases involving shelter hearings
279	and hearings resulting from medical emergencies must be that
280	most likely to result in actual notice to the parents. In all
281	other dependency proceedings, notice must be provided in
282	accordance with subsections (4)-(9), except when a relative
283	requests notification pursuant to s. 39.301(15)(b), in which
284	case notice shall be provided pursuant to subsection (19).
285	(19)  In all proceedings and hearings under this chapter,
286	the attorney for the department shall notify, orally or in
287	writing, a relative requesting notification pursuant to s.
288	39.301(15)(b) of the date, time, and location of such
289	proceedings and hearings, and notify the relative that he or she
290	has the right to attend all subsequent proceedings and hearings,
291	to submit reports to the court, and to speak to the court
292	regarding the child, if the relative so desires. The court has
293	the discretion to release the attorney for the department from
294	notifying a relative who requested notification pursuant to s.
295	39.301(15)(b) if the relative's involvement is determined to be
296	impeding the dependency process or detrimental to the child's
297	well-being.
298	Section 9.  Subsection (9) of section 39.506, Florida
299	Statutes, is amended to read:
300	39.506  Arraignment hearings.--
301	(9)  At the conclusion of the arraignment hearing, all
302	parties and the relatives who are providing out-of-home care for
303	the child shall be notified in writing by the court of the date,
304	time, and location for the next scheduled hearing.
305	Section 10.  Paragraphs (a) through (d) of subsection (1)
306	of section 39.5085, Florida Statutes, are redesignated as
307	paragraphs (b) through (e), respectively, a new paragraph (a) is
308	added to subsection (1), and paragraph (g) of subsection (2) of
309	that section is amended, to read:
310	39.5085  Relative Caregiver Program.--
311	(1)  It is the intent of the Legislature in enacting this
312	section to:
313	(a)  Provide for the establishment of procedures and
314	protocols that serve to advance the continued safety of children
315	by acknowledging the valued resource uniquely available through
316	grandparents and relatives of children.
317	(2)
318	(g)  The department may use appropriate available state,
319	federal, and private funds to operate the Relative Caregiver
320	Program. The department may develop liaison functions to be
321	available to relatives who care for children pursuant to this
322	chapter to ensure placement stability in extended family
323	settings.
324	Section 11.  Subsection (4) of section 39.6011, Florida
325	Statutes, is amended to read:
326	39.6011  Case plan development.--
327	(4)  The case plan must describe:
328	(a)  The role of the foster parents or legal custodians
329	when developing the services that are to be provided to the
330	child, foster parents, or legal custodians;
331	(b)  The responsibility of the case manager to forward a
332	relative's request to receive notification of all proceedings
333	and hearings submitted pursuant to s. 39.301(15)(b) to the
334	attorney for the department;
335	(c)(b)  The minimum number of face-to-face meetings to be
336	held each month between the parents and the department's family
337	services counselors to review the progress of the plan, to
338	eliminate barriers to progress, and to resolve conflicts or
339	disagreements; and
340	(d)(c)  The parent's responsibility for financial support
341	of the child, including, but not limited to, health insurance
342	and child support. The case plan must list the costs associated
343	with any services or treatment that the parent and child are
344	expected to receive which are the financial responsibility of
345	the parent. The determination of child support and other
346	financial support shall be made independently of any
347	determination of indigency under s. 39.013.
348	Section 12.  Subsection (6) of section 39.6013, Florida
349	Statutes, is amended to read:
350	39.6013  Case plan amendments.--
351	(6)  The case plan is deemed amended as to the child's
352	health, mental health, and education records required by s.
353	39.6012 when the child's updated health and education records
354	are filed by the department under s. 39.701(8)(7)(a).
355	Section 13.  Subsections (6) through (9) of section 39.701,
356	Florida Statutes, are renumbered as subsections (7) through
357	(10), respectively, a new subsection (6) is added to that
358	section, and paragraph (c) of subsection (2), paragraph (b) of
359	present subsection (6), and paragraph (a) of present subsection
360	(9) are amended, to read:
361	39.701  Judicial review.--
362	(2)
363	(c)  Notice of a hearing by a citizen review panel must be
364	provided as set forth in subsection (5). At the conclusion of a
365	citizen review panel hearing, each party may propose a
366	recommended order to the chairperson of the panel. Thereafter,
367	the citizen review panel shall submit its report, copies of the
368	proposed recommended orders, and a copy of the panel's
369	recommended order to the court. The citizen review panel's
370	recommended order must be limited to the dispositional options
371	available to the court in subsection (10) (9). Each party may
372	file exceptions to the report and recommended order of the
373	citizen review panel in accordance with Rule 1.490, Florida
374	Rules of Civil Procedure.
375	(6)  The attorney for the department shall notify a
376	relative who submits a request for notification of all
377	proceedings and hearings pursuant to s. 39.301(15)(b). The
378	notice shall include the date, time, and location of the next
379	judicial review hearing.
380	(7)(6)
381	(b)  At the first judicial review hearing held subsequent
382	to the child's 17th birthday, in addition to the requirements of
383	subsection (8) (7), the department shall provide the court with
384	an updated case plan that includes specific information related
385	to independent living services that have been provided since the
386	child's 13th birthday, or since the date the child came into
387	foster care, whichever came later.
388	(10)(9)(a)  Based upon the criteria set forth in subsection
389	(9) (8) and the recommended order of the citizen review panel,
390	if any, the court shall determine whether or not the social
391	service agency shall initiate proceedings to have a child
392	declared a dependent child, return the child to the parent,
393	continue the child in out-of-home care for a specified period of
394	time, or initiate termination of parental rights proceedings for
395	subsequent placement in an adoptive home. Amendments to the case
396	plan must be prepared as prescribed in s. 39.6013. If the court
397	finds that the prevention or reunification efforts of the
398	department will allow the child to remain safely at home or be
399	safely returned to the home, the court shall allow the child to
400	remain in or return to the home after making a specific finding
401	of fact that the reasons for the creation of the case plan have
402	been remedied to the extent that the child's safety, well-being,
403	and physical, mental, and emotional health will not be
404	endangered.
405	Section 14.  Section 39.823, Florida Statutes, is amended
406	to read:
407	39.823  Guardian advocates for drug dependent
408	newborns.--The Legislature finds that increasing numbers of drug
409	dependent children are born in this state. Because of the
410	parents' continued dependence upon drugs, the parents may
411	temporarily leave their child with a relative or other adult or
412	may have agreed to voluntary family services under s.
413	39.301(15)(14). The relative or other adult may be left with a
414	child who is likely to require medical treatment but for whom
415	they are unable to obtain medical treatment. The purpose of this
416	section is to provide an expeditious method for such relatives
417	or other responsible adults to obtain a court order which allows
418	them to provide consent for medical treatment and otherwise
419	advocate for the needs of the child and to provide court review
420	of such authorization.
421	Section 15.  Section 683.10, Florida Statutes, is amended
422	to read:
423	683.10  Grandparents' and Family Caregivers' Grandmother's
424	Day.--
425	(1)  The first Sunday after Labor Day second Sunday of
426	October of each year is designated "Grandparents' and Family
427	Caregivers' Grandmother's Day."
428	(2)  The Governor may issue annually a proclamation
429	designating the first Sunday after Labor Day second Sunday of
430	October as Grandparents' and Family Caregivers' Grandmother's
431	Day and calling upon public schools and citizens of the state to
432	observe the occasion.
433	Section 16.  Section 409.147, Florida Statutes, is amended
434	to read:
435	409.147  Children's initiatives zones.--
436	(1)  LEGISLATIVE FINDINGS AND INTENT.--
437	(a)  The Legislature finds that:
438	1.  There are neighborhoods in the state where the
439	infrastructure and opportunities that middle-class communities
440	take for granted are nonexistent or so marginal that they are
441	ineffective.
442	2.  Children living in these neighborhoods are not read to
443	by an adult on a regular basis and attend a prekindergarten
444	education program at a much lower rate than children in other
445	communities. These children experience below-average performance
446	on standardized tests and graduate from high school in fewer
447	numbers. Most of these children are eligible for the free or
448	reduced-price school lunch program.
449	3.  Children in these neighborhoods often suffer from high
450	rates of asthma, a higher risk of lead poisoning, and inadequate
451	health care, and they are routinely exposed to violence and
452	crime.
453	4.  In spite of these obstacles, these neighborhoods are
454	many times home to strong individuals and institutions that are
455	committed to making a difference in the lives of children and
456	their families.
457	(b)  It is therefore the intent of the Legislature to
458	assist disadvantaged areas within the state in creating a
459	community-based service network that develops, coordinates, and
460	provides quality education, accessible health care, youth
461	development programs, opportunities for employment, and safe and
462	affordable housing for children and families living within its
463	boundaries.
464	(2)  POLICY AND PURPOSE.--It is the policy of this state to
465	provide the necessary means to assist local communities, the
466	children and families who live in those communities, and the
467	private sector in creating a sound educational, social, and
468	economic environment. To achieve this objective, the state
469	intends to provide investments sufficient to encourage community
470	partners to commit financial and other resources to severely
471	disadvantaged areas. The purpose of this section is to establish
472	a process that clearly identifies the severely disadvantaged
473	areas and provides guidance for developing a new social service
474	paradigm that systematically coordinates programs that address
475	the critical needs of children and their families and for
476	directing efforts to rebuild the basic infrastructure of the
477	community. The Legislature, therefore, declares the creation of
478	children's initiatives zones, through the collaborative efforts
479	of government and the private sector, to be a public purpose.
480	(3)  DEFINITIONS.--As used in this section, the term:
481	(a)  "Governing body" means the commission or other
482	legislative body charged with governing a county or
483	municipality.
484	(b)  "Ounce" means the Ounce of Prevention Fund of Florida,
485	Inc.
486	(c)  "Planning team" means a children's initiative zone
487	planning team established under this section.
488	(d)  "Resident" means a person who lives or operates a
489	small community-based business or organization within the
490	boundaries of the children's initiative zone.
491	(4)  CHILDREN'S INITIATIVE ZONE NOMINATING PROCESS.--A
492	county or municipality, or a county and one or more
493	municipalities together, may apply to the Ounce to designate an
494	area as a children's initiative zone after the governing body:
495	(a)  Adopts a resolution that:
496	1.  Finds that an area exists in such county or
497	municipality, or in the county and one or more municipalities,
498	that chronically exhibits extreme and unacceptable levels of
499	poverty, unemployment, physical deterioration, as well as
500	limited access to quality educational, health care, and social
501	services.
502	2.  Determines that the rehabilitation, conservation, or
503	redevelopment, or a combination thereof, of the area is
504	necessary in the interest of improving the health, wellness,
505	education, living conditions, and livelihoods of the children
506	and families who live in the county or municipality.
507	3.  Determines that the revitalization of the area can
508	occur only if the state and the private sector invest resources
509	to improve infrastructure and the provision of services.
510	(b)  Establishes a children's initiative zone planning team
511	as provided in subsection (5).
512	(c)  Develops and adopts a strategic community plan as
513	provided in subsection (6).
514	(d)  Creates a corporation not for profit as provided in
515	subsection (7).
516	(5)  CHILDREN'S INITIATIVE ZONE PLANNING TEAM.--
517	(a)  After the governing body adopts the resolution
518	described in subsection (4), the county or municipality shall
519	establish a children's initiative zone planning team.
520	(b)  The planning team shall include residents and
521	representatives from community-based organizations and other
522	community institutions. At least half of the members of the
523	planning team must be residents.
524	(c)  The planning team shall:
525	1.  Develop a planning process that sets the direction for,
526	builds a commitment to, and develops the capacity to realize the
527	children's initiative zone concept.
528	2.  Develop a vision of what the children's initiative zone
529	will look like when the challenges, problems, and opportunities
530	in the children's initiative zone are successfully addressed.
531	3.  Identify important opportunities, strengths,
532	challenges, and problems in the children's initiative zone.
533	4.  Develop a strategic community plan consisting of goals,
534	objectives, tasks, the designation of responsible parties, the
535	identification of resources needed, timelines for implementation
536	of the plan, and procedures for monitoring outcomes.
537	(d)  The planning team shall designate working groups to
538	specifically address each of the following focus areas:
539	1.  Early development and care of children.
540	2.  Education of children and youth.
541	3.  Health and wellness.
542	4.  Youth support.
543	5.  Parent and guardian support.
544	6.  Adult education, training, and jobs.
545	7.  Community safety.
546	8.  Housing and community development.
547	(6)  CHILDREN'S INITIATIVE ZONE STRATEGIC COMMUNITY
548	PLAN.--After the governing body adopts the resolution described
549	in subsection (4), the working groups shall develop objectives
550	and identify strategies for each focus area. The objectives,
551	specified by focus area, for a working group may include, but
552	not be limited to:
553	(a)  Early development and care of children.
554	1.  Providing resources to enable every child to be
555	adequately nurtured during the first 3 years of life.
556	2.  Ensuring that all schools are ready for children and
557	all children are ready for school.
558	3.  Facilitating enrollment in half-day or full-day
559	prekindergarten for all 3-year-old and 4-year-old children.
560	4.  Strengthening parent and guardian relationships with
561	care providers.
562	5.  Providing support and education for families and child
563	care providers.
564	(b)  Education of children and youth.
565	1.  Increasing the level and degree of accountability of
566	persons who are responsible for the development and well-being
567	of all children in the children's initiative zone.
568	2.  Changing the structure and function of schools to
569	increase the quality and amount of time spent on instruction and
570	increase programmatic options and offerings.
571	3.  Creating a safe and respectful environment for student
572	learning.
573	4.  Identifying and supporting points of alignment between
574	the children's initiative zone community plan and the school
575	district's strategic plan.
576	(c)  Health and wellness.
577	1.  Facilitating enrollment of all eligible children in the
578	Florida Kidcare program and providing full access to high-
579	quality drug and alcohol treatment services.
580	2.  Eliminating health disparities between racial and
581	cultural groups, including improving outcomes and increasing
582	interventions.
583	3.  Providing fresh, good quality, affordable, and
584	nutritious food within the children's initiative zone.
585	4.  Providing all children in the children's initiative
586	zone with access to safe structured and unstructured recreation.
587	(d)  Youth support.
588	1.  Increasing the high school graduation rate.
589	2.  Increasing leadership development and employment
590	opportunities for youth.
591	(e)  Parent and guardian support.
592	1.  Increasing parent and adult literacy.
593	2.  Expanding access for parents to critical resources,
594	such as jobs, transportation, day care, and after-school care.
595	3.  Improving the effectiveness of the ways in which
596	support systems communicate and collaborate with parents and the
597	ways in which parents communicate and collaborate with support
598	systems.
599	4.  Making the services of the Healthy Families Florida
600	program available to provide multiyear support to expectant
601	parents and persons caring for infants and toddlers.
602	(f)  Adult education, training, and jobs.
603	1.  Creating job opportunities for adults that lead to
604	career development.
605	2.  Establishing a career and technical school, or a
606	satellite of such a school in the children's initiative zone,
607	which includes a one-stop career center.
608	(g)  Community safety.
609	1.  Providing a safe environment for all children at home,
610	in school, and in the community.
611	2.  Eliminating the economic, political, and social forces
612	that lead to a lack of safety within the family, the community,
613	schools, and institutional structures.
614	3.  Assessing policies and practices, including sentencing,
615	incarceration, detention, and data reporting, in order to reduce
616	youth violence, crime, and recidivism.
617	(h)  Housing and community development.
618	1.  Strengthening the residential real estate market.
619	2.  Building on existing efforts to promote socioeconomic
620	diversity when developing a comprehensive land use strategic
621	plan.
622	3.  Promoting neighborhood beautification strategies.
623	(7)  CHILDREN'S INITIATIVE ZONE CORPORATION.--After the
624	governing body adopts the resolution described in subsection
625	(4), establishes the planning team as provided in subsection
626	(5), and develops and adopts the strategic community plan as
627	provided in subsection (6), the county or municipality shall
628	create a corporation not for profit which shall be registered,
629	incorporated, organized, and operated in compliance with chapter
630	617. The purpose of the corporation is to facilitate
631	fundraising, to secure broad community ownership of the
632	children's initiative zone, and, if the area selected by the
633	governing body is designated as a children's initiative zone,
634	to:
635	(a)  Begin to transfer responsibility for planning from the
636	planning team to the corporation.
637	(b)  Begin the implementation and governance of the
638	children's initiative zone community plan.
639	(8)  CREATION OF MIAMI MAGIC CITY CHILDREN'S INITIATIVE
640	ZONE, INC., PILOT PROJECT.--
641	(a)  There is created within the Liberty City neighborhood
642	in Miami-Dade County a 10-year pilot project zone that, by
643	November 1, 2008, shall be managed by an entity organized as a
644	corporation not for profit which shall be registered,
645	incorporated, organized, and operated in compliance with chapter
646	617. An entity may not be incorporated until the governing body
647	has adopted the resolution described in subsection (4), has
648	established the planning team as provided in subsection (5), and
649	has developed and adopted the strategic community plan as
650	provided in subsection (6). The corporation shall be known as
651	the Miami Magic City Children's Initiative Zone, Inc., and shall
652	be administratively housed within the Department of Children and
653	Family Services Belafonte Tacolcy Center. However, Miami Magic
654	City Children's Initiative Zone, Inc., is not subject to
655	control, supervision, or direction by the Department of Children
656	and Family Services Belafonte Tacolcy Center in any manner. The
657	Legislature determines, however, that public policy dictates
658	that the corporation operate in the most open and accessible
659	manner consistent with its public purpose. Therefore, the
660	Legislature specifically declares that the corporation is
661	subject to chapter 119, relating to public records, chapter 286,
662	relating to public meetings and records, and chapter 287,
663	relating to procurement of commodities or contractual services.
664	(b)  This initiative pilot project zone is designed to
665	encompass an area that is large enough to include all of the
666	necessary components of community life, including, but not
667	limited to, schools, places of worship, recreational facilities,
668	commercial areas, and common space, yet small enough to allow
669	programs and services to reach every willing member of the
670	neighborhood. Therefore, the geographic boundaries of the pilot
671	project zone are:
672	1.  Northwest 79th Street to the north;
673	2.  Northwest 36th Street to the south;
674	3.  North Miami Avenue to the east; and
675	4.  Northwest 27th Avenue to the west.
676	(c)1.  The corporation shall be governed by a 15-member
677	board of directors. The board of directors shall consist of the
678	following members:
679	a.  The chief executive officer of the Belafonte Tacolcy
680	Center.
681	b.  The executive director of the Carrie P. Meek
682	Entrepreneurial Education Center, Miami-Dade College.
683	c.  The director of the Parks and Recreation Department of
684	the City of Miami.
685	d.  The director of the Miami-Dade Cultural Arts Center.
686	e.  The chief executive officer of the Urban League of
687	Greater Miami.
688	f.  The director of the Liberty City Service Partnership.
689	g.  The regional superintendent of the Miami-Dade County
690	Public Schools.
691	h.  The president of the Student Government Association of
692	Northwestern High School.
693	i.  The president of the Student Government Association of
694	Edison High School.
695	j.  The president of the Parent Teacher Student Association
696	of Northwestern High School.
697	k.  The president of the Parent Teacher Student Association
698	of Edison High School.
699	l.  Four members from the local private business sector, to
700	be appointed by a majority vote of the members designated in
701	sub-subparagraphs a.-k., all of whom must have significant
702	experience in one of the focus areas specified in subsection
703	(6).
704	2.  All members of the board of directors shall be
705	appointed no later than 90 days following the incorporation of
706	the Magic City Children's Zone, Inc., and:
707	a.  Eleven members initially appointed pursuant to this
708	paragraph shall each serve a 4-year term.
709	b.  The remaining initial four appointees shall each serve
710	a 2-year term.
711	c.  Each member appointed thereafter shall serve a 4-year
712	term.
713	d.  A vacancy shall be filled in the same manner in which
714	the original appointment was made, and a member appointed to
715	fill a vacancy shall serve for the remainder of that term.
716	e.  A member may not serve more than 8 years in consecutive
717	terms.
718	3.  The board of directors shall annually elect a
719	chairperson and a vice chairperson from among the board's
720	members. The members may, by a vote of eight members, remove a
721	member from the position of chairperson or vice chairperson
722	before the expiration of his or her term as chairperson or vice
723	chairperson. His or her successor shall be elected to serve for
724	the balance of the term of the chairperson or vice chairperson
725	who was removed.
726	4.  The board of directors shall meet at least four times
727	each year upon the call of the chairperson, at the request of
728	the vice chairperson, or at the request of a majority of the
729	membership. A majority of the membership constitutes a quorum.
730	The board of directors may take official action by a majority
731	vote of the members present at any meeting at which a quorum is
732	present. The board may conduct its meetings through
733	teleconferences or other similar means.
734	5.  A member of the board of directors may be removed by a
735	majority of the membership. Absence from three consecutive
736	meetings results in automatic removal.
737	6.  Each member of the board of directors shall serve
738	without compensation but is entitled to reimbursement for per
739	diem and travel expenses as provided in s. 112.061 while in the
740	performance of his or her duties.
741	7.  The corporation shall create a standing advisory board
742	to assist in any part of its delegated duties. The membership of
743	the standing advisory board shall reflect the expertise
744	necessary for the implementation of the children's zone pilot
745	project.
746	8.  The board of directors has the power and duty to:
747	a.  Adopt articles of incorporation and bylaws necessary to
748	govern its activities.
749	b.  Begin to transfer responsibility for planning from the
750	children's zone planning team to the corporation.
751	c.  Begin the implementation and governance of the
752	children's zone community plan.
753	d.  Enter into a contract with a management consultant who
754	has experience working with social service and educational
755	entities for the purpose of developing a 10-year comprehensive
756	business plan to carry out the provisions of this section.
757	(d)  Magic City Children's Zone, Inc., shall submit an
758	annual report to the President of the Senate and the Speaker of
759	the House of Representatives by January 31, 2009, and by January
760	31 of each year thereafter, which shall include a comprehensive
761	and detailed report of its operations, activities, and
762	accomplishments for the prior year as well as its goals for the
763	current year. The initial report shall also include information
764	concerning the status of the development of a business plan.
765	(9)  IMPLEMENTATION.--In order to implement The
766	implementation of this section, the Department of Children and
767	Family Services shall contract is contingent upon a specific
768	appropriation to provide a grant for a 3-year period for the
769	purpose of implementing this section, which includes contracting
770	with a not-for-profit corporation to work in collaboration with
771	the governing body to adopt the resolution described in
772	subsection (4), to establish the planning team as provided in
773	subsection (5), and to develop and adopt the strategic community
774	plan as provided in subsection(6). The not-for-profit
775	corporation is also responsible for the development of a
776	business plan and for the evaluation, fiscal management, and
777	oversight of the Miami Magic City Children's Initiative Zone,
778	Inc., pilot project.
779	Section 17.  The unexpended balance of funds in Specific
780	Appropriation 345A of the General Appropriations Act for the
781	2008-2009 fiscal year passed in the 2008 Regular Session shall
782	revert July 1, 2009, and such funds are reappropriated to the
783	Department of Children and Family Services for the 2009-2010
784	fiscal year for the purpose of contracting with the Ounce in
785	order to implement section 16 of this act.
786	Section 18.  This act shall take effect July 1, 2009.
787
788
789	-----------------------------------------------------
790	T I T L E  A M E N D M E N T
791	Remove the entire title and insert:
792	A bill to be entitled
793	An act relating to care of children; creating the "Zahid Jones,
794	Jr., Give Grandparents and Other Relatives a Voice Act";
795	creating s. 39.00145, F.S.; requiring that the case record of a
796	child under the supervision or in the custody of the Department
797	of Children and Family Services be maintained in a complete and
798	accurate manner; specifying who has access to the case record;
799	authorizing the court to directly release the child's records to
800	certain entities; providing that entities that have access to
801	confidential information concerning a child may share it with
802	other entities that provide services benefiting children;
803	providing for exceptions for the sharing of confidential
804	information under certain circumstances; amending s. 39.201,
805	F.S.; providing for the Department of Children and Family
806	Services to analyze certain unaccepted reports to the central
807	abuse hotline; amending s. 39.202, F.S.; expanding the list of
808	persons or entities that have access to child abuse records;
809	revising how long the department must keep such records;
810	requiring the department to provide notice of how the child's
811	records may be obtained after the child leaves the department's
812	custody; authorizing the department to adopt rules; amending s.
813	39.301, F.S.; requiring information to be provided to a
814	reporter; authorizing the submission of a written report;
815	providing conditions for a relative to be a collateral contact
816	in certain child protective investigations; providing for a
817	relative to request notice of proceedings and hearings relating
818	to protective investigations under certain circumstances;
819	specifying content of the request; providing that the failure to
820	provide notice to a relative does not undo any previous action
821	of the court absent a finding that a change is in the child's
822	best interests; conforming cross-references; amending s. 39.304,
823	F.S.; providing for preservation in department records of
824	certain photographs and X rays and reports on medical
825	examinations and treatments of an abused child; amending s.
826	39.402, F.S.; requiring notification of certain relatives in an
827	order for placement of a child in shelter care of their right to
828	attend hearings, submit reports to the court, and speak to the
829	court; amending s. 39.502, F.S.; providing for certain relatives
830	to receive notice of dependency hearings under certain
831	circumstances; providing an opportunity for certain relatives to
832	be heard in court; providing an exception; amending s. 39.506,
833	F.S.; providing for certain relatives to receive notice of
834	arraignment hearings under certain circumstances; amending s.
835	39.5085, F.S.; revising legislative intent with regard to the
836	Relative Caregiver Program; authorizing the department to
837	develop liaison functions for certain relatives; amending s.
838	39.6011, F.S.; requiring a case plan for a child receiving
839	services from the department to include a protocol for
840	notification of certain relatives of proceedings and hearings;
841	amending s. 39.6013, F.S.; conforming a cross-reference;
842	amending s. 39.701, F.S.; requiring an attorney for the
843	department to provide notice to certain relatives of the child
844	regarding upcoming judicial hearings; conforming cross-
845	references; amending s. 39.823, F.S.; conforming a cross-
846	reference; amending s. 683.10, F.S.; designating the first
847	Sunday after Labor Day as "Grandparents' and Family Caregivers'
848	Day"; authorizing the Governor to issue proclamations
849	commemorating the occasion; amending s. 409.147, F.S.; renaming
850	"children's zones" as "children's initiatives"; revising
851	legislative findings and intent; requiring the governing body to
852	establish a children's initiative planning team and to develop
853	and adopt a strategic community plan; revising provisions
854	relating to the powers and responsibilities of the initiative
855	planning team; revising provisions relating to the strategic
856	community plan; revising requirement provisions relating to the
857	children's initiative corporation; changing the name of the
858	Magic City Children's Zone, Inc., to the Miami Children's
859	Initiative, Inc.; providing for the corporation to be
860	administratively housed within the Department of Children and
861	Family Services, but not to be subject to control, supervision,
862	or direction by the department; providing for the department to
863	enter into a contract with a not-for-profit corporation to
864	implement the children's initiative project; deleting provisions
865	relating to the geographic boundaries and the board of
866	directors; providing for the reappropriation of funds; providing
867	an effective date.

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