HB 381

1	A bill to be entitled
2	An act relating to care of children; creating the "Zahid
3	Jones, Jr., Give Grandparents and Other Relatives a Voice
4	Act"; creating s. 39.00145, F.S.; requiring that the case
5	record of a child under the supervision or in the custody
6	of the Department of Children and Family Services be
7	maintained in a complete and accurate manner; specifying
8	who has access to the case record; authorizing the court
9	to directly release the child's records to certain
10	entities; providing that entities that have access to
11	confidential information concerning a child may share it
12	with other entities that provide services benefiting
13	children; providing for exceptions for the sharing of
14	confidential information under certain circumstances;
15	amending s. 39.201, F.S.; providing for the Department of
16	Children and Family Services to analyze certain unaccepted
17	reports to the central abuse hotline; amending s. 39.202,
18	F.S.; expanding the list of persons or entities that have
19	access to child abuse records; revising how long the
20	department must keep such records; requiring the
21	department to provide notice of how the child's records
22	may be obtained after the child leaves the department's
23	custody; authorizing the department to adopt rules;
24	amending s. 39.301, F.S.; requiring information to be
25	provided to a reporter; authorizing the submission of a
26	written report; providing conditions for a relative to be
27	a collateral contact in certain child protective
28	investigations; providing for a relative to request notice
29	of proceedings and hearings relating to protective
30	investigations under certain circumstances; specifying
31	content of the request; providing that the failure to
32	provide notice to a relative does not undo any previous
33	action of the court absent a finding that a change is in
34	the child's best interests; conforming cross-references;
35	amending s. 39.304, F.S.; providing for preservation in
36	department records of certain photographs and X rays and
37	reports on medical examinations and treatments of an
38	abused child; amending s. 39.402, F.S.; requiring
39	notification of certain relatives in an order for
40	placement of a child in shelter care of their right to
41	attend hearings, submit reports to the court, and speak to
42	the court; amending s. 39.502, F.S.; providing for certain
43	relatives to receive notice of dependency hearings under
44	certain circumstances; providing an opportunity for
45	certain relatives to be heard in court; providing an
46	exception; amending s. 39.506, F.S.; providing for certain
47	relatives to receive notice of arraignment hearings under
48	certain circumstances; amending s. 39.5085, F.S.; revising
49	legislative intent with regard to the Relative Caregiver
50	Program; authorizing the department to develop liaison
51	functions for certain relatives; amending s. 39.6011,
52	F.S.; requiring a case plan for a child receiving services
53	from the department to include a protocol for notification
54	of certain relatives of proceedings and hearings; amending
55	s. 39.6013, F.S.; conforming a cross-reference; amending
56	s. 39.701, F.S.; requiring an attorney for the department
57	to provide notice to certain relatives of the child
58	regarding upcoming judicial hearings; conforming cross-
59	references; amending s. 39.823, F.S.; conforming a cross-
60	reference; amending s. 683.10, F.S.; designating the first
61	Sunday after Labor Day as "Grandparents' and Family
62	Caregivers' Day"; authorizing the Governor to issue
63	proclamations commemorating the occasion; amending s.
64	409.147, F.S.; renaming "children's zones" as "children's
65	initiatives"; revising legislative findings and intent;
66	requiring the governing body to establish a children's
67	initiative planning team and to develop and adopt a
68	strategic community plan; revising provisions relating to
69	the powers and responsibilities of the initiative planning
70	team; revising provisions relating to the strategic
71	community plan; revising requirement provisions relating
72	to the children's initiative corporation; changing the
73	name of the Magic City Children's Zone, Inc., to the Miami
74	Children's Initiative, Inc.; providing for the corporation
75	to be administratively housed within the Department of
76	Children and Family Services, but not to be subject to
77	control, supervision, or direction by the department;
78	providing for the department to enter into a contract with
79	a not-for-profit corporation to implement the children's
80	initiative project; deleting provisions relating to the
81	geographic boundaries and the board of directors;
82	providing for the reappropriation of funds; providing an
83	effective date.
84
85	Be It Enacted by the Legislature of the State of Florida:
86
87	Section 1.  This act may be cited as the "Zahid Jones, Jr.,
88	Give Grandparents and Other Relatives a Voice Act."
89	Section 2.  Section 39.00145, Florida Statutes, is created
90	to read:
91	39.00145  Records concerning children.--
92	(1)  The case record of every child under the supervision
93	of or in the custody of the department, the department's
94	authorized agents, or providers contracting with the department,
95	including community-based care lead agencies and their
96	subcontracted providers, must be maintained in a complete and
97	accurate manner. The case record must contain, at a minimum, the
98	child's case plan required under part VIII of this chapter and
99	the full name and street address of all shelters, foster
100	parents, group homes, treatment facilities, or locations where
101	the child has been placed.
102	(2)  Notwithstanding any other provision of this chapter,
103	all records in a child's case record must be made available for
104	inspection, upon request, to the child who is the subject of the
105	case record and to the child's caregiver, guardian ad litem, or
106	attorney.
107	(a)  A complete and accurate copy of any record in a
108	child's case record must be provided, upon request and at no
109	cost, to the child who is the subject of the case record and to
110	the child's caregiver, guardian ad litem, or attorney.
111	(b)  The department shall release the information in a
112	manner and setting that are appropriate to the age and maturity
113	of the child and the nature of the information being released,
114	which may include the release of information in a therapeutic
115	setting, if appropriate. This paragraph does not deny the child
116	access to his or her records.
117	(c)  If a child or the child's caregiver, guardian ad
118	litem, or attorney requests access to the child's case record,
119	any person or entity that fails to provide any record in the
120	case record under assertion of a claim of exemption from the
121	public-records requirements of chapter 119, or fails to provide
122	access within a reasonable time, is subject to sanctions and
123	penalties under s. 119.10.
124	(d)  For purposes of this subsection, the term "caregiver"
125	is limited to parents, legal custodians, permanent guardians,
126	foster parents, employees of a residential home, institution,
127	facility, or agency at which the child resides and other
128	individuals legally responsible for a child's welfare in a
129	residential setting.
130	(3)  If a court determines that sharing information in the
131	child's case record is necessary to ensure access to appropriate
132	services for the child or for the safety of the child, the court
133	may approve the release of confidential records or information
134	contained in them.
135	(4)  Notwithstanding any other provision of law, all state
136	and local agencies and programs that provide services to
137	children or that are responsible for a child's safety, including
138	the Department of Juvenile Justice, the Department of Health,
139	the Agency for Health Care Administration, the Agency for
140	Persons with Disabilities, the Department of Education, the
141	Department of Revenue, the school districts, the Statewide
142	Guardian Ad Litem Office, and any provider contracting with such
143	agencies, may share with each other confidential records or
144	information that are confidential or exempt from disclosure
145	under chapter 119 if the records or information are reasonably
146	necessary to ensure access to appropriate services for the
147	child, including child support enforcement services, or for the
148	safety of the child. However:
149	(a)  Records or information made confidential by federal
150	law may not be shared.
151	(b)  This subsection does not apply to information
152	concerning clients and records of certified domestic violence
153	centers, which are confidential under s. 39.908 and privileged
154	under s. 90.5036.
155	Section 3.  Subsection (7) of section 39.201, Florida
156	Statutes, is amended to read:
157	39.201  Mandatory reports of child abuse, abandonment, or
158	neglect; mandatory reports of death; central abuse hotline.--
159	(7)  On an ongoing basis, the department's quality
160	assurance program shall review calls, fax reports, and web-based
161	reports to the hotline involving three or more unaccepted
162	reports on a single child, where jurisdiction applies, in order
163	to detect such things as harassment and situations that warrant
164	an investigation because of the frequency or variety of the
165	source of the reports. A component of the quality assurance
166	program shall analyze unaccepted reports to the hotline by
167	identified relatives as a part of the review of screened out
168	calls. The Program Director for Family Safety may refer a case
169	for investigation when it is determined, as a result of this
170	review, that an investigation may be warranted.
171	Section 4.  Subsection (7) of section 39.202, Florida
172	Statutes, is amended, and paragraphs (r) and (s) are added to
173	subsection (2) of that section, to read:
174	39.202  Confidentiality of reports and records in cases of
175	child abuse or neglect.--
176	(2)  Except as provided in subsection (4), access to such
177	records, excluding the name of the reporter which shall be
178	released only as provided in subsection (5), shall be granted
179	only to the following persons, officials, and agencies:
180	(r)  A physician licensed under chapter 458 or chapter 459,
181	a psychologist licensed under chapter 490, or a mental health
182	professional licensed under chapter 491 engaged in the care or
183	treatment of the child.
184	(s)  Persons with whom the department is seeking to place
185	the child or to whom placement has been granted, including
186	foster parents for whom an approved home study has been
187	conducted, the designee of a licensed residential group home
188	described in s. 39.523, an approved relative or nonrelative with
189	whom a child is placed pursuant to s. 39.402, preadoptive
190	parents for whom a favorable preliminary adoptive home study has
191	been conducted, adoptive parents, or an adoption entity acting
192	on behalf of preadoptive or adoptive parents.
193	(7)  The department shall make and keep reports and records
194	of all cases under this chapter relating to child abuse,
195	abandonment, and neglect and shall preserve the records
196	pertaining to a child and family until 7 years after the last
197	entry was made or until the child who is the subject of the
198	record is 30 is 18 years of age, whichever date is first
199	reached, and may then destroy the records. Department records
200	required by this chapter relating to child abuse, abandonment,
201	and neglect may be inspected only upon order of the court or as
202	provided for in this section.
203	(a)  Within 90 days after the child leaves the department's
204	custody, the department shall give a notice to the person having
205	legal custody of the child, or to the young adult who was in the
206	department's custody, which specifies how the records may be
207	obtained.
208	(b)  The department may adopt rules regarding the format,
209	storage, retrieval, and release of such records.
210	Section 5.  Subsections (6) through (23) of section 39.301,
211	Florida Statutes, are renumbered as subsections (7) through
212	(24), respectively, paragraph (c) of present subsection (9),
213	present subsection (10), and paragraph (b) of present subsection
214	(14) are amended, and a new subsection (6) is added to that
215	section, to read:
216	39.301  Initiation of protective investigations.--
217	(6)  Upon commencing an investigation under this part, if a
218	report was received from a reporter under s. 39.201(1)(b), the
219	protective investigator must provide his or her contact
220	information to the reporter within 24 hours after being assigned
221	to the investigation. The investigator must also advise the
222	reporter that he or she may provide a written summary of the
223	report made to the central abuse hotline to the investigator
224	which shall become a part of the master file.
225	(10)(9)
226	(c)  The determination that a report requires an
227	investigation as provided in this subsection and does not
228	require an enhanced onsite child protective investigation
229	pursuant to subsection (11) (10) must be approved in writing by
230	the supervisor with documentation specifying why additional
231	investigative activities are not necessary.
232	(11)(10)(a)  For each report that meets one or more of the
233	following criteria, the department shall perform an enhanced
234	onsite child protective investigation:
235	1.  Any allegation that involves physical abuse, sexual
236	abuse, domestic violence, substance abuse or substance exposure,
237	medical neglect, a child younger than 3 years of age, or a child
238	who is disabled or lacks communication skills.
239	2.  Any report that involves an individual who has been the
240	subject of a prior report containing some indicators or verified
241	findings of abuse, neglect, or abandonment.
242	3.  Any report that does not contain compelling evidence
243	that the maltreatment did not occur.
244	4.  Any report that does not meet the criteria for an
245	onsite child protective investigation as set forth in subsection
246	(10) (9).
247	(b)  The enhanced onsite child protective investigation
248	shall include, but is not limited to:
249	1.  A face-to-face interview with the child, other
250	siblings, parents or legal custodians or caregivers, and other
251	adults in the household;
252	2.  Collateral contacts;
253	3.  Contact with the reporter as required by rule;
254	4.  An onsite assessment of the child's residence in
255	accordance with paragraph (10)(9)(b); and
256	5.  An updated assessment.
257
258	Detailed documentation is required for the investigative
259	activities.
260	(15)(14)
261	(b)  The parents or legal custodians shall be informed of
262	the right to refuse services, as well as the responsibility of
263	the department to protect the child regardless of the acceptance
264	or refusal of services. If the services are refused, a
265	collateral contact required under subparagraph (11)(b)2. shall
266	include a relative, if the protective investigator has knowledge
267	of and the ability to contact a relative. If the services are
268	refused and the department deems that the child's need for
269	protection so requires, the department shall take the child into
270	protective custody or petition the court as provided in this
271	chapter. At any time after the commencement of a protective
272	investigation, a relative may submit in writing to the
273	protective investigator or case manager a request to receive
274	notification of all proceedings and hearings in accordance with
275	s. 39.502. The request shall include the relative's name,
276	address, and phone number and the relative's relationship to the
277	child. The protective investigator or case manager shall forward
278	such request to the attorney for the department. The failure to
279	provide notice to either a relative who requests it pursuant to
280	this subsection or to a relative who is providing out-of-home
281	care for a child shall not result in any previous action of the
282	court at any stage or proceeding in dependency or termination of
283	parental rights under any part of this chapter being set aside,
284	reversed, modified, or in any way changed absent a finding by
285	the court that a change is required in the child's best
286	interests.
287	Section 6.  Subsection (4) of section 39.304, Florida
288	Statutes, is amended to read:
289	39.304  Photographs, medical examinations, X rays, and
290	medical treatment of abused, abandoned, or neglected child.--
291	(4)  Any photograph or report on examinations made or X
292	rays taken pursuant to this section, or copies thereof, shall be
293	sent to the department as soon as possible and shall be
294	preserved in permanent form in records held by the department.
295	Section 7.  Paragraph (h) of subsection (8) of section
296	39.402, Florida Statutes, is amended to read:
297	39.402  Placement in a shelter.--
298	(8)
299	(h)  The order for placement of a child in shelter care
300	must identify the parties present at the hearing and must
301	contain written findings:
302	1.  That placement in shelter care is necessary based on
303	the criteria in subsections (1) and (2).
304	2.  That placement in shelter care is in the best interest
305	of the child.
306	3.  That continuation of the child in the home is contrary
307	to the welfare of the child because the home situation presents
308	a substantial and immediate danger to the child's physical,
309	mental, or emotional health or safety which cannot be mitigated
310	by the provision of preventive services.
311	4.  That based upon the allegations of the petition for
312	placement in shelter care, there is probable cause to believe
313	that the child is dependent or that the court needs additional
314	time, which may not exceed 72 hours, in which to obtain and
315	review documents pertaining to the family in order to
316	appropriately determine the risk to the child.
317	5.  That the department has made reasonable efforts to
318	prevent or eliminate the need for removal of the child from the
319	home. A finding of reasonable effort by the department to
320	prevent or eliminate the need for removal may be made and the
321	department is deemed to have made reasonable efforts to prevent
322	or eliminate the need for removal if:
323	a.  The first contact of the department with the family
324	occurs during an emergency;
325	b.  The appraisal of the home situation by the department
326	indicates that the home situation presents a substantial and
327	immediate danger to the child's physical, mental, or emotional
328	health or safety which cannot be mitigated by the provision of
329	preventive services;
330	c.  The child cannot safely remain at home, either because
331	there are no preventive services that can ensure the health and
332	safety of the child or because, even with appropriate and
333	available services being provided, the health and safety of the
334	child cannot be ensured; or
335	d.  The parent or legal custodian is alleged to have
336	committed any of the acts listed as grounds for expedited
337	termination of parental rights in s. 39.806(1)(f)-(i).
338	6.  That the court notified the parents, relatives that are
339	providing out-of-home care for the child, or legal custodians of
340	the time, date, and location of the next dependency hearing and
341	of the importance of the active participation of the parents,
342	relatives that are providing out-of-home care for the child, or
343	legal custodians in all proceedings and hearings.
344	7.  That the court notified the parents or legal custodians
345	of their right to counsel to represent them at the shelter
346	hearing and at each subsequent hearing or proceeding, and the
347	right of the parents to appointed counsel, pursuant to the
348	procedures set forth in s. 39.013.
349	8.  That the court notified relatives who are providing
350	out-of-home care for a child as a result of the shelter petition
351	being granted that they have the right to attend all subsequent
352	hearings, to submit reports to the court, and to speak to the
353	court regarding the child, if they so desire.
354	Section 8.  Subsection (1) of section 39.502, Florida
355	Statutes, is amended, and subsection (19) is added to that
356	section, to read:
357	39.502  Notice, process, and service.--
358	(1)  Unless parental rights have been terminated, all
359	parents must be notified of all proceedings or hearings
360	involving the child. Notice in cases involving shelter hearings
361	and hearings resulting from medical emergencies must be that
362	most likely to result in actual notice to the parents. In all
363	other dependency proceedings, notice must be provided in
364	accordance with subsections (4)-(9), except when a relative
365	requests notification pursuant to s. 39.301(15)(b), in which
366	case notice shall be provided pursuant to subsection (19).
367	(19)  In all proceedings and hearings under this chapter,
368	the attorney for the department shall notify, orally or in
369	writing, a relative requesting notification pursuant to s.
370	39.301(15)(b) of the date, time, and location of such
371	proceedings and hearings, and notify the relative that he or she
372	has the right to attend all subsequent proceedings and hearings,
373	to submit reports to the court, and to speak to the court
374	regarding the child, if the relative so desires. The court has
375	the discretion to release the attorney for the department from
376	notifying a relative who requested notification pursuant to s.
377	39.301(15)(b) if the relative's involvement is determined to be
378	impeding the dependency process or detrimental to the child's
379	well-being.
380	Section 9.  Subsection (9) of section 39.506, Florida
381	Statutes, is amended to read:
382	39.506  Arraignment hearings.--
383	(9)  At the conclusion of the arraignment hearing, all
384	parties and the relatives who are providing out-of-home care for
385	the child shall be notified in writing by the court of the date,
386	time, and location for the next scheduled hearing.
387	Section 10.  Paragraphs (a) through (d) of subsection (1)
388	of section 39.5085, Florida Statutes, are redesignated as
389	paragraphs (b) through (e), respectively, a new paragraph (a) is
390	added to subsection (1), and paragraph (g) of subsection (2) of
391	that section is amended, to read:
392	39.5085  Relative Caregiver Program.--
393	(1)  It is the intent of the Legislature in enacting this
394	section to:
395	(a)  Provide for the establishment of procedures and
396	protocols that serve to advance the continued safety of children
397	by acknowledging the valued resource uniquely available through
398	grandparents and relatives of children.
399	(2)
400	(g)  The department may use appropriate available state,
401	federal, and private funds to operate the Relative Caregiver
402	Program. The department may develop liaison functions to be
403	available to relatives who care for children pursuant to this
404	chapter to ensure placement stability in extended family
405	settings.
406	Section 11.  Subsection (4) of section 39.6011, Florida
407	Statutes, is amended to read:
408	39.6011  Case plan development.--
409	(4)  The case plan must describe:
410	(a)  The role of the foster parents or legal custodians
411	when developing the services that are to be provided to the
412	child, foster parents, or legal custodians;
413	(b)  The responsibility of the case manager to forward a
414	relative's request to receive notification of all proceedings
415	and hearings submitted pursuant to s. 39.301(15)(b) to the
416	attorney for the department;
417	(c)(b)  The minimum number of face-to-face meetings to be
418	held each month between the parents and the department's family
419	services counselors to review the progress of the plan, to
420	eliminate barriers to progress, and to resolve conflicts or
421	disagreements; and
422	(d)(c)  The parent's responsibility for financial support
423	of the child, including, but not limited to, health insurance
424	and child support. The case plan must list the costs associated
425	with any services or treatment that the parent and child are
426	expected to receive which are the financial responsibility of
427	the parent. The determination of child support and other
428	financial support shall be made independently of any
429	determination of indigency under s. 39.013.
430	Section 12.  Subsection (6) of section 39.6013, Florida
431	Statutes, is amended to read:
432	39.6013  Case plan amendments.--
433	(6)  The case plan is deemed amended as to the child's
434	health, mental health, and education records required by s.
435	39.6012 when the child's updated health and education records
436	are filed by the department under s. 39.701(8)(7)(a).
437	Section 13.  Subsections (6) through (9) of section 39.701,
438	Florida Statutes, are renumbered as subsections (7) through
439	(10), respectively, a new subsection (6) is added to that
440	section, and paragraph (c) of subsection (2), paragraph (b) of
441	present subsection (6), and paragraph (a) of present subsection
442	(9) are amended, to read:
443	39.701  Judicial review.--
444	(2)
445	(c)  Notice of a hearing by a citizen review panel must be
446	provided as set forth in subsection (5). At the conclusion of a
447	citizen review panel hearing, each party may propose a
448	recommended order to the chairperson of the panel. Thereafter,
449	the citizen review panel shall submit its report, copies of the
450	proposed recommended orders, and a copy of the panel's
451	recommended order to the court. The citizen review panel's
452	recommended order must be limited to the dispositional options
453	available to the court in subsection (10) (9). Each party may
454	file exceptions to the report and recommended order of the
455	citizen review panel in accordance with Rule 1.490, Florida
456	Rules of Civil Procedure.
457	(6)  The attorney for the department shall notify a
458	relative who submits a request for notification of all
459	proceedings and hearings pursuant to s. 39.301(15)(b). The
460	notice shall include the date, time, and location of the next
461	judicial review hearing.
462	(7)(6)
463	(b)  At the first judicial review hearing held subsequent
464	to the child's 17th birthday, in addition to the requirements of
465	subsection (8) (7), the department shall provide the court with
466	an updated case plan that includes specific information related
467	to independent living services that have been provided since the
468	child's 13th birthday, or since the date the child came into
469	foster care, whichever came later.
470	(10)(9)(a)  Based upon the criteria set forth in subsection
471	(9) (8) and the recommended order of the citizen review panel,
472	if any, the court shall determine whether or not the social
473	service agency shall initiate proceedings to have a child
474	declared a dependent child, return the child to the parent,
475	continue the child in out-of-home care for a specified period of
476	time, or initiate termination of parental rights proceedings for
477	subsequent placement in an adoptive home. Amendments to the case
478	plan must be prepared as prescribed in s. 39.6013. If the court
479	finds that the prevention or reunification efforts of the
480	department will allow the child to remain safely at home or be
481	safely returned to the home, the court shall allow the child to
482	remain in or return to the home after making a specific finding
483	of fact that the reasons for the creation of the case plan have
484	been remedied to the extent that the child's safety, well-being,
485	and physical, mental, and emotional health will not be
486	endangered.
487	Section 14.  Section 39.823, Florida Statutes, is amended
488	to read:
489	39.823  Guardian advocates for drug dependent
490	newborns.--The Legislature finds that increasing numbers of drug
491	dependent children are born in this state. Because of the
492	parents' continued dependence upon drugs, the parents may
493	temporarily leave their child with a relative or other adult or
494	may have agreed to voluntary family services under s.
495	39.301(15)(14). The relative or other adult may be left with a
496	child who is likely to require medical treatment but for whom
497	they are unable to obtain medical treatment. The purpose of this
498	section is to provide an expeditious method for such relatives
499	or other responsible adults to obtain a court order which allows
500	them to provide consent for medical treatment and otherwise
501	advocate for the needs of the child and to provide court review
502	of such authorization.
503	Section 15.  Section 683.10, Florida Statutes, is amended
504	to read:
505	683.10  Grandparents' and Family Caregivers' Grandmother's
506	Day.--
507	(1)  The first Sunday after Labor Day second Sunday of
508	October of each year is designated "Grandparents' and Family
509	Caregivers' Grandmother's Day."
510	(2)  The Governor may issue annually a proclamation
511	designating the first Sunday after Labor Day second Sunday of
512	October as Grandparents' and Family Caregivers' Grandmother's
513	Day and calling upon public schools and citizens of the state to
514	observe the occasion.
515	Section 16.  Section 409.147, Florida Statutes, is amended
516	to read:
517	409.147  Children's initiatives zones.--
518	(1)  LEGISLATIVE FINDINGS AND INTENT.--
519	(a)  The Legislature finds that:
520	1.  There are neighborhoods in the state where the
521	infrastructure and opportunities that middle-class communities
522	take for granted are nonexistent or so marginal that they are
523	ineffective.
524	2.  Children living in these neighborhoods are not read to
525	by an adult on a regular basis and attend a prekindergarten
526	education program at a much lower rate than children in other
527	communities. These children experience below-average performance
528	on standardized tests and graduate from high school in fewer
529	numbers. Most of these children are eligible for the free or
530	reduced-price school lunch program.
531	3.  Children in these neighborhoods often suffer from high
532	rates of asthma, a higher risk of lead poisoning, and inadequate
533	health care, and they are routinely exposed to violence and
534	crime.
535	4.  In spite of these obstacles, these neighborhoods are
536	many times home to strong individuals and institutions that are
537	committed to making a difference in the lives of children and
538	their families.
539	(b)  It is therefore the intent of the Legislature to
540	assist disadvantaged areas within the state in creating a
541	community-based service network that develops, coordinates, and
542	provides quality education, accessible health care, youth
543	development programs, opportunities for employment, and safe and
544	affordable housing for children and families living within its
545	boundaries.
546	(2)  POLICY AND PURPOSE.--It is the policy of this state to
547	provide the necessary means to assist local communities, the
548	children and families who live in those communities, and the
549	private sector in creating a sound educational, social, and
550	economic environment. To achieve this objective, the state
551	intends to provide investments sufficient to encourage community
552	partners to commit financial and other resources to severely
553	disadvantaged areas. The purpose of this section is to establish
554	a process that clearly identifies the severely disadvantaged
555	areas and provides guidance for developing a new social service
556	paradigm that systematically coordinates programs that address
557	the critical needs of children and their families and for
558	directing efforts to rebuild the basic infrastructure of the
559	community. The Legislature, therefore, declares the creation of
560	children's initiatives zones, through the collaborative efforts
561	of government and the private sector, to be a public purpose.
562	(3)  DEFINITIONS.--As used in this section, the term:
563	(a)  "Governing body" means the commission or other
564	legislative body charged with governing a county or
565	municipality.
566	(b)  "Ounce" means the Ounce of Prevention Fund of Florida,
567	Inc.
568	(c)  "Planning team" means a children's initiative zone
569	planning team established under this section.
570	(d)  "Resident" means a person who lives or operates a
571	small community-based business or organization within the
572	boundaries of the children's initiative zone.
573	(4)  CHILDREN'S INITIATIVE ZONE NOMINATING PROCESS.--A
574	county or municipality, or a county and one or more
575	municipalities together, may apply to the Ounce to designate an
576	area as a children's initiative zone after the governing body:
577	(a)  Adopts a resolution that:
578	1.  Finds that an area exists in such county or
579	municipality, or in the county and one or more municipalities,
580	that chronically exhibits extreme and unacceptable levels of
581	poverty, unemployment, physical deterioration, as well as
582	limited access to quality educational, health care, and social
583	services.
584	2.  Determines that the rehabilitation, conservation, or
585	redevelopment, or a combination thereof, of the area is
586	necessary in the interest of improving the health, wellness,
587	education, living conditions, and livelihoods of the children
588	and families who live in the county or municipality.
589	3.  Determines that the revitalization of the area can
590	occur only if the state and the private sector invest resources
591	to improve infrastructure and the provision of services.
592	(b)  Establishes a children's initiative zone planning team
593	as provided in subsection (5).
594	(c)  Develops and adopts a strategic community plan as
595	provided in subsection (6).
596	(d)  Creates a corporation not for profit as provided in
597	subsection (7).
598	(5)  CHILDREN'S INITIATIVE ZONE PLANNING TEAM.--
599	(a)  After the governing body adopts the resolution
600	described in subsection (4), the county or municipality shall
601	establish a children's initiative zone planning team.
602	(b)  The planning team shall include residents and
603	representatives from community-based organizations and other
604	community institutions. At least half of the members of the
605	planning team must be residents.
606	(c)  The planning team shall:
607	1.  Develop a planning process that sets the direction for,
608	builds a commitment to, and develops the capacity to realize the
609	children's initiative zone concept.
610	2.  Develop a vision of what the children's initiative zone
611	will look like when the challenges, problems, and opportunities
612	in the children's initiative zone are successfully addressed.
613	3.  Identify important opportunities, strengths,
614	challenges, and problems in the children's initiative zone.
615	4.  Develop a strategic community plan consisting of goals,
616	objectives, tasks, the designation of responsible parties, the
617	identification of resources needed, timelines for implementation
618	of the plan, and procedures for monitoring outcomes.
619	(d)  The planning team shall designate working groups to
620	specifically address each of the following focus areas:
621	1.  Early development and care of children.
622	2.  Education of children and youth.
623	3.  Health and wellness.
624	4.  Youth support.
625	5.  Parent and guardian support.
626	6.  Adult education, training, and jobs.
627	7.  Community safety.
628	8.  Housing and community development.
629	(6)  CHILDREN'S INITIATIVE ZONE STRATEGIC COMMUNITY
630	PLAN.--After the governing body adopts the resolution described
631	in subsection (4), the working groups shall develop objectives
632	and identify strategies for each focus area. The objectives,
633	specified by focus area, for a working group may include, but
634	not be limited to:
635	(a)  Early development and care of children.
636	1.  Providing resources to enable every child to be
637	adequately nurtured during the first 3 years of life.
638	2.  Ensuring that all schools are ready for children and
639	all children are ready for school.
640	3.  Facilitating enrollment in half-day or full-day
641	prekindergarten for all 3-year-old and 4-year-old children.
642	4.  Strengthening parent and guardian relationships with
643	care providers.
644	5.  Providing support and education for families and child
645	care providers.
646	(b)  Education of children and youth.
647	1.  Increasing the level and degree of accountability of
648	persons who are responsible for the development and well-being
649	of all children in the children's initiative zone.
650	2.  Changing the structure and function of schools to
651	increase the quality and amount of time spent on instruction and
652	increase programmatic options and offerings.
653	3.  Creating a safe and respectful environment for student
654	learning.
655	4.  Identifying and supporting points of alignment between
656	the children's initiative zone community plan and the school
657	district's strategic plan.
658	(c)  Health and wellness.
659	1.  Facilitating enrollment of all eligible children in the
660	Florida Kidcare program and providing full access to high-
661	quality drug and alcohol treatment services.
662	2.  Eliminating health disparities between racial and
663	cultural groups, including improving outcomes and increasing
664	interventions.
665	3.  Providing fresh, good quality, affordable, and
666	nutritious food within the children's initiative zone.
667	4.  Providing all children in the children's initiative
668	zone with access to safe structured and unstructured recreation.
669	(d)  Youth support.
670	1.  Increasing the high school graduation rate.
671	2.  Increasing leadership development and employment
672	opportunities for youth.
673	(e)  Parent and guardian support.
674	1.  Increasing parent and adult literacy.
675	2.  Expanding access for parents to critical resources,
676	such as jobs, transportation, day care, and after-school care.
677	3.  Improving the effectiveness of the ways in which
678	support systems communicate and collaborate with parents and the
679	ways in which parents communicate and collaborate with support
680	systems.
681	4.  Making the services of the Healthy Families Florida
682	program available to provide multiyear support to expectant
683	parents and persons caring for infants and toddlers.
684	(f)  Adult education, training, and jobs.
685	1.  Creating job opportunities for adults that lead to
686	career development.
687	2.  Establishing a career and technical school, or a
688	satellite of such a school in the children's initiative zone,
689	which includes a one-stop career center.
690	(g)  Community safety.
691	1.  Providing a safe environment for all children at home,
692	in school, and in the community.
693	2.  Eliminating the economic, political, and social forces
694	that lead to a lack of safety within the family, the community,
695	schools, and institutional structures.
696	3.  Assessing policies and practices, including sentencing,
697	incarceration, detention, and data reporting, in order to reduce
698	youth violence, crime, and recidivism.
699	(h)  Housing and community development.
700	1.  Strengthening the residential real estate market.
701	2.  Building on existing efforts to promote socioeconomic
702	diversity when developing a comprehensive land use strategic
703	plan.
704	3.  Promoting neighborhood beautification strategies.
705	(7)  CHILDREN'S INITIATIVE ZONE CORPORATION.--After the
706	governing body adopts the resolution described in subsection
707	(4), establishes the planning team as provided in subsection
708	(5), and develops and adopts the strategic community plan as
709	provided in subsection (6), the county or municipality shall
710	create a corporation not for profit which shall be registered,
711	incorporated, organized, and operated in compliance with chapter
712	617. The purpose of the corporation is to facilitate
713	fundraising, to secure broad community ownership of the
714	children's initiative zone, and, if the area selected by the
715	governing body is designated as a children's initiative zone,
716	to:
717	(a)  Begin to transfer responsibility for planning from the
718	planning team to the corporation.
719	(b)  Begin the implementation and governance of the
720	children's initiative zone community plan.
721	(8)  CREATION OF MIAMI MAGIC CITY CHILDREN'S INITIATIVE
722	ZONE, INC., PILOT PROJECT.--
723	(a)  There is created within the Liberty City neighborhood
724	in Miami-Dade County a 10-year pilot project zone that, by
725	November 1, 2008, shall be managed by an entity organized as a
726	corporation not for profit which shall be registered,
727	incorporated, organized, and operated in compliance with chapter
728	617. An entity may not be incorporated until the governing body
729	has adopted the resolution described in subsection (4), has
730	established the planning team as provided in subsection (5), and
731	has developed and adopted the strategic community plan as
732	provided in subsection (6). The corporation shall be known as
733	the Miami Magic City Children's Initiative Zone, Inc., and shall
734	be administratively housed within the Department of Children and
735	Family Services Belafonte Tacolcy Center. However, Miami Magic
736	City Children's Initiative Zone, Inc., is not subject to
737	control, supervision, or direction by the Department of Children
738	and Family Services Belafonte Tacolcy Center in any manner. The
739	Legislature determines, however, that public policy dictates
740	that the corporation operate in the most open and accessible
741	manner consistent with its public purpose. Therefore, the
742	Legislature specifically declares that the corporation is
743	subject to chapter 119, relating to public records, chapter 286,
744	relating to public meetings and records, and chapter 287,
745	relating to procurement of commodities or contractual services.
746	(b)  This initiative pilot project zone is designed to
747	encompass an area that is large enough to include all of the
748	necessary components of community life, including, but not
749	limited to, schools, places of worship, recreational facilities,
750	commercial areas, and common space, yet small enough to allow
751	programs and services to reach every willing member of the
752	neighborhood. Therefore, the geographic boundaries of the pilot
753	project zone are:
754	1.  Northwest 79th Street to the north;
755	2.  Northwest 36th Street to the south;
756	3.  North Miami Avenue to the east; and
757	4.  Northwest 27th Avenue to the west.
758	(c)1.  The corporation shall be governed by a 15-member
759	board of directors. The board of directors shall consist of the
760	following members:
761	a.  The chief executive officer of the Belafonte Tacolcy
762	Center.
763	b.  The executive director of the Carrie P. Meek
764	Entrepreneurial Education Center, Miami-Dade College.
765	c.  The director of the Parks and Recreation Department of
766	the City of Miami.
767	d.  The director of the Miami-Dade Cultural Arts Center.
768	e.  The chief executive officer of the Urban League of
769	Greater Miami.
770	f.  The director of the Liberty City Service Partnership.
771	g.  The regional superintendent of the Miami-Dade County
772	Public Schools.
773	h.  The president of the Student Government Association of
774	Northwestern High School.
775	i.  The president of the Student Government Association of
776	Edison High School.
777	j.  The president of the Parent Teacher Student Association
778	of Northwestern High School.
779	k.  The president of the Parent Teacher Student Association
780	of Edison High School.
781	l.  Four members from the local private business sector, to
782	be appointed by a majority vote of the members designated in
783	sub-subparagraphs a.-k., all of whom must have significant
784	experience in one of the focus areas specified in subsection
785	(6).
786	2.  All members of the board of directors shall be
787	appointed no later than 90 days following the incorporation of
788	the Magic City Children's Zone, Inc., and:
789	a.  Eleven members initially appointed pursuant to this
790	paragraph shall each serve a 4-year term.
791	b.  The remaining initial four appointees shall each serve
792	a 2-year term.
793	c.  Each member appointed thereafter shall serve a 4-year
794	term.
795	d.  A vacancy shall be filled in the same manner in which
796	the original appointment was made, and a member appointed to
797	fill a vacancy shall serve for the remainder of that term.
798	e.  A member may not serve more than 8 years in consecutive
799	terms.
800	3.  The board of directors shall annually elect a
801	chairperson and a vice chairperson from among the board's
802	members. The members may, by a vote of eight members, remove a
803	member from the position of chairperson or vice chairperson
804	before the expiration of his or her term as chairperson or vice
805	chairperson. His or her successor shall be elected to serve for
806	the balance of the term of the chairperson or vice chairperson
807	who was removed.
808	4.  The board of directors shall meet at least four times
809	each year upon the call of the chairperson, at the request of
810	the vice chairperson, or at the request of a majority of the
811	membership. A majority of the membership constitutes a quorum.
812	The board of directors may take official action by a majority
813	vote of the members present at any meeting at which a quorum is
814	present. The board may conduct its meetings through
815	teleconferences or other similar means.
816	5.  A member of the board of directors may be removed by a
817	majority of the membership. Absence from three consecutive
818	meetings results in automatic removal.
819	6.  Each member of the board of directors shall serve
820	without compensation but is entitled to reimbursement for per
821	diem and travel expenses as provided in s. 112.061 while in the
822	performance of his or her duties.
823	7.  The corporation shall create a standing advisory board
824	to assist in any part of its delegated duties. The membership of
825	the standing advisory board shall reflect the expertise
826	necessary for the implementation of the children's zone pilot
827	project.
828	8.  The board of directors has the power and duty to:
829	a.  Adopt articles of incorporation and bylaws necessary to
830	govern its activities.
831	b.  Begin to transfer responsibility for planning from the
832	children's zone planning team to the corporation.
833	c.  Begin the implementation and governance of the
834	children's zone community plan.
835	d.  Enter into a contract with a management consultant who
836	has experience working with social service and educational
837	entities for the purpose of developing a 10-year comprehensive
838	business plan to carry out the provisions of this section.
839	(d)  Magic City Children's Zone, Inc., shall submit an
840	annual report to the President of the Senate and the Speaker of
841	the House of Representatives by January 31, 2009, and by January
842	31 of each year thereafter, which shall include a comprehensive
843	and detailed report of its operations, activities, and
844	accomplishments for the prior year as well as its goals for the
845	current year. The initial report shall also include information
846	concerning the status of the development of a business plan.
847	(9)  IMPLEMENTATION.--In order to implement The
848	implementation of this section, the Department of Children and
849	Family Services shall contract is contingent upon a specific
850	appropriation to provide a grant for a 3-year period for the
851	purpose of implementing this section, which includes contracting
852	with a not-for-profit corporation to work in collaboration with
853	the governing body to adopt the resolution described in
854	subsection (4), to establish the planning team as provided in
855	subsection (5), and to develop and adopt the strategic community
856	plan as provided in subsection(6). The not-for-profit
857	corporation is also responsible for the development of a
858	business plan and for the evaluation, fiscal management, and
859	oversight of the Miami Magic City Children's Initiative Zone,
860	Inc., pilot project.
861	Section 17.  The unexpended balance of funds in Specific
862	Appropriation 345A of the General Appropriations Act for the
863	2008-2009 fiscal year passed in the 2008 Regular Session shall
864	revert July 1, 2009, and such funds are reappropriated to the
865	Department of Children and Family Services for the 2009-2010
866	fiscal year for the purpose of contracting with the Ounce in
867	order to implement section 16 of this act.
868	Section 18.  This act shall take effect July 1, 2009.
869

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