Florida Senate - 2011                                    SB 1312
       By Senator Siplin
       19-01392D-11                                          20111312__
    1                        A bill to be entitled                      
    2         An act relating to school nutrition programs;
    3         providing a short title; transferring and reassigning
    4         functions and responsibilities, including records,
    5         personnel, property, and unexpended balances of
    6         appropriations and other resources for the
    7         administration of the school food and nutrition
    8         programs from the Department of Education to the
    9         Department of Agriculture and Consumer Services;
   10         creating s. 570.98, F.S.; requiring the Department of
   11         Agriculture and Consumer Services to conduct,
   12         supervise, and administer all school food and
   13         nutrition programs; requiring the department to
   14         cooperate fully with the United States Government;
   15         authorizing the department to act as agent of, or
   16         contract with, the Federal Government, other state
   17         agencies, or any county or municipal government for
   18         the administration of the school food and nutrition
   19         programs; transferring, renumbering, and amending s.
   20         1006.06, F.S., relating to school food service
   21         programs; conforming provisions to changes made by the
   22         act; deleting obsolete provisions; transferring,
   23         renumbering, and amending ss. 1006.0606 and 1010.77,
   24         F.S., relating to the children’s summer nutrition
   25         program and the Food and Nutrition Services Trust
   26         Fund, respectively; conforming provisions to changes
   27         made by the act; deleting obsolete provisions;
   28         amending s. 1003.453, F.S.; requiring each school
   29         district to send an updated copy of its wellness
   30         policy and physical education policy to the Department
   31         of Education and the Department of Agriculture and
   32         Consumer Services; deleting obsolete provisions;
   33         requiring certain information to be accessible from
   34         the website of the Department of Agriculture and
   35         Consumer Services; providing an effective date.
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. This act may be cited as the “Healthy Schools
   40  for Healthy Lives Act.”
   41         Section 2. All powers, duties, functions, records,
   42  personnel, property, pending issues and existing contracts,
   43  administrative authority, administrative rules, and unexpended
   44  balances of appropriations, allocations, and other funds for the
   45  administration of the school food and nutrition programs are
   46  transferred by a type two transfer, as defined in s. 20.06(2),
   47  Florida Statutes, from the Department of Education to the
   48  Department of Agriculture and Consumer Services.
   49         Section 3. Section 570.98, Florida Statutes, is created to
   50  read:
   51         570.98School food and nutrition programs.—
   52         (1) The department shall conduct, supervise, and administer
   53  all school food and nutrition programs that will be carried out
   54  using federal or state funds, or funds from any other source.
   55         (2) The department shall cooperate fully with the United
   56  States Government and its agencies and instrumentalities so that
   57  the department may receive the benefit of all federal financial
   58  allotments and assistance possible to carry out the purposes of
   59  this chapter.
   60         (3) The department may act as agent of, or contract with,
   61  the Federal Government, another state agency, or any county or
   62  municipal government for the administration of the school food
   63  and nutrition programs, including the distribution of funds
   64  provided by the Federal Government to support the school food
   65  and nutrition programs.
   66         Section 4. Section 1006.06, Florida Statutes, is
   67  transferred, renumbered as section 570.981, Florida Statutes,
   68  and amended to read:
   69         570.981 1006.06 School food service programs.—
   70         (1) In recognition of the demonstrated relationship between
   71  good nutrition and the capacity of students to develop and
   72  learn, it is the policy of the state to provide standards for
   73  school food service and to require district school boards to
   74  establish and maintain an appropriate private school food
   75  service program consistent with the nutritional needs of
   76  students.
   77         (2) The department State Board of Education shall adopt
   78  rules covering the administration and operation of the school
   79  food service programs.
   80         (3) Each district school board shall consider the
   81  recommendations of the district school superintendent and adopt
   82  policies to provide for an appropriate food and nutrition
   83  program for students consistent with federal law and department
   84  State Board of Education rule.
   85         (4) The state shall provide the state National School Lunch
   86  Act matching requirements. The funds provided shall be
   87  distributed in such a manner as to comply with the requirements
   88  of the National School Lunch Act.
   89         (5)(a) Each district school board shall implement school
   90  breakfast programs that make breakfast meals available to all
   91  students in each elementary school. By the beginning of the
   92  2010-2011 school year, Universal school breakfast programs shall
   93  be offered in schools in which 80 percent or more of the
   94  students are eligible for free or reduced-price meals. Each
   95  school shall, to the maximum extent practicable, make breakfast
   96  meals available to students at an alternative site location,
   97  which may include, but need not be limited to, alternative
   98  breakfast options as described in publications of the Food and
   99  Nutrition Service of the United States Department of Agriculture
  100  for the federal School Breakfast Program.
  101         (b) Beginning with the 2009-2010 school year, Each school
  102  district must annually set prices for breakfast meals at rates
  103  that, combined with federal reimbursements and state
  104  allocations, are sufficient to defray costs of school breakfast
  105  programs without requiring allocations from the district’s
  106  operating funds, except if the district school board approves
  107  lower rates.
  108         (c) Each district school board is encouraged to provide
  109  universal-free school breakfast meals to all students in each
  110  elementary, middle, and high school. By the beginning of the
  111  2010-2011 school year, Each district school board shall approve
  112  or disapprove a policy, after receiving public testimony
  113  concerning the proposed policy at two or more regular meetings,
  114  which makes universal-free school breakfast meals available to
  115  all students in each elementary, middle, and high school in
  116  which 80 percent or more of the students are eligible for free
  117  or reduced-price meals.
  118         (d) Beginning with the 2009-2010 school year, Each
  119  elementary, middle, and high school shall make a breakfast meal
  120  available if a student arrives at school on the school bus less
  121  than 15 minutes before the first bell rings and shall allow the
  122  student at least 15 minutes to eat the breakfast.
  123         (e) Each school district shall annually provide to all
  124  students in each elementary, middle, and high school information
  125  prepared by the district’s food service administration regarding
  126  its school breakfast programs. The information shall be
  127  communicated through school announcements and written notice
  128  sent to all parents.
  129         (f) A district school board may operate a breakfast program
  130  providing for food preparation at the school site or in central
  131  locations with distribution to designated satellite schools or
  132  any combination thereof.
  133         (g) The commissioner shall make every reasonable effort to
  134  ensure that any school designated as a “severe need school”
  135  receives the highest rate of reimbursement to which it is
  136  entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
  137         (h) The department shall annually allocate among the school
  138  districts funds provided from the school breakfast supplement in
  139  the General Appropriations Act based on each district’s total
  140  number of free and reduced-price breakfast meals served.
  141         (6) The Legislature, recognizing that school children need
  142  nutritious food not only for healthy physical and intellectual
  143  development but also to combat diseases related to poor
  144  nutrition and obesity, establishes the Florida Farm Fresh
  145  Schools Program within the department of Education as the lead
  146  agency for the program. The program shall comply with the
  147  regulations of the National School Lunch Program and require:
  148         (a) The department of Education to work with the Department
  149  of Agriculture and Consumer Services to develop policies
  150  pertaining to school food services which encourage:
  151         1. School districts to buy fresh and high-quality foods
  152  grown in this state when feasible.
  153         2. Farmers in this state to sell their products to school
  154  districts and schools.
  155         3. School districts and schools to demonstrate a preference
  156  for competitively priced organic food products.
  157         (b) School districts and schools to make reasonable efforts
  158  to select foods based on a preference for those that have
  159  maximum nutritional content.
  160         (c) The department of Education, in collaboration with the
  161  Department of Agriculture and Consumer Services, to provide
  162  outreach, guidance, and training to school districts, schools,
  163  school food service directors, parent and teacher organizations,
  164  and students about the benefits of fresh food products from
  165  farms in this state.
  166         Section 5. Section 1006.0606, Florida Statutes, is
  167  transferred, renumbered as section 570.982, Florida Statutes,
  168  and amended to read:
  169         570.982 1006.0606 Children’s summer nutrition program.—
  170         (1) This section may be cited as the “Ms. Willie Ann Glenn
  171  Act.”
  172         (2) Each district school board shall develop a plan by May
  173  1, 2006, to sponsor a summer nutrition program beginning the
  174  summer of 2006 to operate sites in the school district as
  175  follows:
  176         (a) Within 5 miles of at least one elementary school at
  177  which 50 percent or more of the students are eligible for free
  178  or reduced-price school meals and for the duration of 35
  179  consecutive days; and
  180         (b) Except as operated pursuant to paragraph (a), within 10
  181  miles of each elementary school at which 50 percent or more of
  182  the students are eligible for free or reduced-price school
  183  meals.
  184         (3)(a) A district school board boards may be exempt from
  185  sponsoring a summer nutrition program pursuant to this section.
  186  A district school board seeking such exemption must include the
  187  issue on an agenda at a regular or special district school board
  188  meeting that is publicly noticed, provide residents an
  189  opportunity to participate in the discussion, and vote on
  190  whether to be exempt from this section. The district school
  191  board shall notify the commissioner of Education within 10 days
  192  after it decides to become exempt from this section.
  193         (b) Each year the district school board shall reconsider
  194  its decision to be exempt from the provisions of this section
  195  and shall vote on whether to continue the exemption from
  196  sponsoring a summer nutrition program. The district school board
  197  shall notify the commissioner of Education within 10 days after
  198  each subsequent year’s decision to continue the exemption.
  199         (c) If a district school board elects to be exempt from
  200  sponsoring a summer nutrition program under this section, the
  201  district school board may encourage not-for-profit entities to
  202  sponsor the program. If a not-for-profit entity chooses to
  203  sponsor the summer nutrition program but fails to perform with
  204  regard to the program, the district school board, the school
  205  district, and the department of Education are not required to
  206  continue the program and shall be held harmless from any
  207  liability arising from the discontinuation of the summer
  208  nutrition program.
  209         (4) The superintendent of schools may collaborate with
  210  municipal and county governmental agencies and private, not-for
  211  profit leaders in implementing the plan. Although schools have
  212  proven to be the optimal site for a summer nutrition program,
  213  any not-for-profit entity may serve as a site or sponsor. By
  214  April 15 of each year, each school district with a summer
  215  nutrition program shall report to the department the district’s
  216  summer nutrition program sites in compliance with this section.
  217         (5) The department shall provide to each district school
  218  board by February 15 of each year a list of local organizations
  219  that have filed letters of intent to participate in the summer
  220  nutrition program in order that a district school board is able
  221  to determine how many sites are needed to serve the children and
  222  where to place each site.
  223         Section 6. Section 1010.77, Florida Statutes, is
  224  transferred, renumbered as section 570.983, Florida Statutes,
  225  and amended to read:
  226         570.983 1010.77 Food and Nutrition Services Trust Fund.
  227  Chapter 99-34, Laws of Florida, re-created the Food and
  228  Nutrition Services Trust Fund to record revenue and
  229  disbursements of Federal Food and Nutrition funds received by
  230  the department of Education as authorized in s. 570.981 s.
  231  1006.06.
  232         Section 7. Section 1003.453, Florida Statutes, is amended
  233  to read:
  234         1003.453 School wellness and physical education policies;
  235  nutrition guidelines.—
  236         (1) By September 1, 2006, Each school district shall submit
  237  to the Department of Education a copy of its school wellness
  238  policy as required by the Child Nutrition and WIC
  239  Reauthorization Act of 2004 and a copy of its physical education
  240  policy required under s. 1003.455. Each school district shall
  241  annually review its school wellness policy and physical
  242  education policy and provide a procedure for public input and
  243  revisions. In addition, each school district shall send an
  244  updated copy of its wellness policy and physical education
  245  policy to the department and to the Department of Agriculture
  246  and Consumer Services when a change or revision is made.
  247         (2) By December 1, 2006, The department shall post links to
  248  each school district’s school wellness policy and physical
  249  education policy on its website so that the policies can be
  250  accessed and reviewed by the public. Each school district shall
  251  provide the most current versions of its school wellness policy
  252  and physical education policy on the district’s website.
  253         (3) By December 1, 2006, The department must provide on its
  254  website links to resources that include information regarding:
  255         (a) Classroom instruction on the benefits of exercise and
  256  healthful eating.
  257         (b) Classroom instruction on the health hazards of using
  258  tobacco and being exposed to tobacco smoke.
  259         (c) The eight components of a coordinated school health
  260  program, including health education, physical education, health
  261  services, and nutrition services.
  262         (d) The core measures for school health and wellness, such
  263  as the School Health Index.
  264         (e) Access for each student to the nutritional content of
  265  foods and beverages and to healthful food choices in accordance
  266  with the dietary guidelines of the United States Department of
  267  Agriculture. This information shall also be accessible from the
  268  website of the Department of Agriculture and Consumer Services.
  269         (f) Multiple examples of school wellness policies for
  270  school districts.
  271         (g) Examples of wellness classes that provide nutrition
  272  education for teachers and school support staff, including
  273  encouragement to provide classes that are taught by a licensed
  274  nutrition professional from the school nutrition department.
  275         (4) School districts are encouraged to provide basic
  276  training in first aid, including cardiopulmonary resuscitation,
  277  for all students, beginning in grade 6 and every 2 years
  278  thereafter. Private and public partnerships for providing
  279  training or necessary funding are encouraged.
  280         Section 8. This act shall take effect July 1, 2011.