| 1 | A bill to be entitled | 
| 2 | An act relating to school food service programs; amending  | 
| 3 | s. 1006.06, F.S.; requiring school breakfast programs in  | 
| 4 | middle and high schools; providing procedures for school  | 
| 5 | breakfast programs; specifying requirements for setting  | 
| 6 | prices of breakfast meals; requiring district school  | 
| 7 | boards to consider policies for the provision of  | 
| 8 | universal-free school breakfast meals in certain schools;  | 
| 9 | requiring information to be communicated to students and  | 
| 10 | parents; clarifying the allocation of funds for school  | 
| 11 | breakfast programs; directing the Office of Program Policy  | 
| 12 | Analysis and Government Accountability to submit a report  | 
| 13 | on school district food service programs; providing an  | 
| 14 | effective date. | 
| 15 | 
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| 16 | Be It Enacted by the Legislature of the State of Florida: | 
| 17 | 
  | 
| 18 |      Section 1.  Subsection (5) of section 1006.06, Florida  | 
| 19 | Statutes, is amended to read: | 
| 20 |      1006.06  School food service programs.-- | 
| 21 |      (5)(a)  Each district school board shall implement school  | 
| 22 | breakfast programs in all elementary schools that make breakfast  | 
| 23 | meals available to all students in kindergarten through grade 6  | 
| 24 | in each district school, unless the elementary school. By the  | 
| 25 | beginning of the 2010-2011 school year, the school breakfast  | 
| 26 | programs shall make breakfast meals available to all students in  | 
| 27 | each elementary, middle, and high school. Each school shall, to  | 
| 28 | the maximum extent practicable, make breakfast meals available  | 
| 29 | to students at an alternative site location, which may include,  | 
| 30 | but is not limited to, "Grab 'n' Go" breakfast as described in  | 
| 31 | publications of the Food and Nutrition Service of the United  | 
| 32 | States Department of Agriculture for the federal School  | 
| 33 | Breakfast Program goes only through grade 5, in which case the  | 
| 34 | requirement shall apply only through grade 5. Each district  | 
| 35 | school board shall implement breakfast programs in all  | 
| 36 | elementary schools in which students are eligible for free and  | 
| 37 | reduced price lunch meals, to the extent specifically funded in  | 
| 38 | the General Appropriations Act. | 
| 39 |      (b)  Beginning with the 2009-2010 school year, each school  | 
| 40 | district must annually set prices for breakfast meals at rates  | 
| 41 | that, combined with federal reimbursements, are sufficient to  | 
| 42 | defray costs of school breakfast programs without requiring  | 
| 43 | allocations from the district's operating funds, except if the  | 
| 44 | district school board approves lower rates. | 
| 45 |      (c)  Each district school board is encouraged to provide  | 
| 46 | universal-free school breakfast meals to all students in each  | 
| 47 | elementary, middle, and high school. By the beginning of the  | 
| 48 | 2010-2011 school year, each district school board shall approve  | 
| 49 | or disapprove a policy, after receiving public testimony  | 
| 50 | concerning the proposed policy at two or more regular meetings,  | 
| 51 | that makes universal-free school breakfast meals available to  | 
| 52 | all students in each elementary, middle, and high school in  | 
| 53 | which 80 percent or more of the students are eligible for free  | 
| 54 | or reduced-price meals. | 
| 55 |      (d)  Beginning with the 2009-2010 school year, each  | 
| 56 | elementary, middle, and high school shall make a "Grab 'n' Go"  | 
| 57 | breakfast meal available if a student arrives at school on the  | 
| 58 | school bus less than 15 minutes before the first bell rings and  | 
| 59 | shall allow the student at least 15 minutes to eat the  | 
| 60 | breakfast. | 
| 61 |      (e)  Each school district shall annually provide all  | 
| 62 | students in each elementary, middle, and high school with  | 
| 63 | information prepared by the district's food service  | 
| 64 | administration regarding its school breakfast programs. The  | 
| 65 | information shall be communicated through school announcements  | 
| 66 | and written notice sent to all parents. | 
| 67 |      (f)  A district school board may operate a breakfast  | 
| 68 | program providing for food preparation at the school site or in  | 
| 69 | central locations with distribution to designated satellite  | 
| 70 | schools or any combination thereof. | 
| 71 |      (g)(b)  The commissioner shall make every reasonable effort  | 
| 72 | to ensure that any school designated a "severe need school"  | 
| 73 | receives the highest rate of reimbursement to which it is  | 
| 74 | entitled under pursuant to 42 U.S.C. s. 1773 for each free and  | 
| 75 | reduced price breakfast meal served. | 
| 76 |      (h)(c)  The department shall annually allocate among the  | 
| 77 | school districts funds provided from the calculate and  | 
| 78 | distribute a school district breakfast supplement for each  | 
| 79 | school year by multiplying the state breakfast rate as specified  | 
| 80 | in the General Appropriations Act based on each district's total  | 
| 81 | by the number of free and reduced-price reduced price breakfast  | 
| 82 | meals served. | 
| 83 |      (d)  The Legislature shall provide sufficient funds in the  | 
| 84 | General Appropriations Act to reimburse participating school  | 
| 85 | districts for the difference between the average federal  | 
| 86 | reimbursement for free and reduced price breakfasts and the  | 
| 87 | average statewide cost for breakfasts. | 
| 88 |      Section 2.  (1)  The Office of Program Policy Analysis and  | 
| 89 | Government Accountability, by January 15, 2009, shall submit a  | 
| 90 | report to the Governor, the President of the Senate, the Speaker  | 
| 91 | of the House of Representatives, the members of the State Board  | 
| 92 | of Education, and the Commissioner of Education on school  | 
| 93 | district food service programs. The report shall: | 
| 94 |      (a)  Estimate the district-by-district cost if each school  | 
| 95 | district implements a universal-free school breakfast program in  | 
| 96 | all elementary, middle, and high schools. The estimate shall  | 
| 97 | consider the marginal costs per breakfast meal, anticipated  | 
| 98 | increases in student participation rates, expected reductions in  | 
| 99 | the marginal costs per breakfast meal that result from increased  | 
| 100 | economies of scale, offsetting federal reimbursements, impact on  | 
| 101 | the marginal costs per breakfast meal of limiting participation  | 
| 102 | in a universal-free school breakfast program to schools having  | 
| 103 | various percentages of students eligible for free or reduced- | 
| 104 | price meals, and impact on student participation rates and  | 
| 105 | marginal costs per breakfast meal of alternatives to serving  | 
| 106 | meals in school cafeterias. The estimate shall also consider the  | 
| 107 | experiences of specific Florida schools and school districts  | 
| 108 | implementing a universal-free school breakfast program. | 
| 109 |      (b)  Determine the extent to which school district food  | 
| 110 | service programs are fiscally self-sufficient or require  | 
| 111 | financial support from other district operating funds. | 
| 112 |      (c)  Examine for at least the previous 5 years the prices  | 
| 113 | that school food service programs charged for meals, the  | 
| 114 | frequency of price-level increases, and the relationship between  | 
| 115 | increases in the costs per meal and price-level increases. | 
| 116 |      (d)  Identify best practices for the efficient and  | 
| 117 | effective operation of school district food service programs,  | 
| 118 | which shall include strategies for a school district to reduce  | 
| 119 | the costs of its food service programs without sacrificing the  | 
| 120 | nutritional value of meals, including, but not limited to, the  | 
| 121 | use of alternatives to the daily counting of meals at the point  | 
| 122 | of service which are authorized under 7 C.F.R. s. 210.7(c)(2). | 
| 123 |      (e)  Evaluate the methodology and forms used for school  | 
| 124 | district food service programs to report their revenues and  | 
| 125 | expenditures to the Department of Education. The evaluation  | 
| 126 | shall assess whether the forms require food service programs to  | 
| 127 | accurately report their total operating costs, including, but  | 
| 128 | not limited to, food, labor, equipment, utilities, janitorial  | 
| 129 | services, overhead, and indirect costs; whether the calculations  | 
| 130 | submitted on the forms accurately report the average costs per  | 
| 131 | meal; and whether information obtained from the forms as  | 
| 132 | submitted to the department allows an equitable district-by- | 
| 133 | district comparison of the average costs per meal. | 
| 134 |      (f)  Assess the methodology used to allocate funds provided  | 
| 135 | in the General Appropriations Act for school district food  | 
| 136 | service programs and the extent to which the allocation  | 
| 137 | methodology creates incentives for the fiscal efficiency of the  | 
| 138 | food service programs. | 
| 139 |      (g)  Evaluate the organizational structure of the state  | 
| 140 | for, and the state implementation and programmatic management  | 
| 141 | of, federal programs administered by the Food and Nutrition  | 
| 142 | Service of the United States Department of Agriculture,  | 
| 143 | including, but not limited to, the National School Lunch  | 
| 144 | Program, the federal School Breakfast Program, and the federal  | 
| 145 | Summer Food Service Program. | 
| 146 |      (2)  The Office of Program Policy Analysis and Government  | 
| 147 | Accountability shall consult with staff of the education  | 
| 148 | committees of the Senate and House of Representatives, the  | 
| 149 | Department of Education, the Department of Agriculture and  | 
| 150 | Consumer Services, and the Auditor General concerning the  | 
| 151 | research design for the report. | 
| 152 |      Section 3.  This act shall take effect July 1, 2008. |