Florida Senate - 2011 CS for SB 1312
By the Committee on Agriculture; and Senators Siplin and Gaetz
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; creating the Healthy Schools for
36 Healthy Lives Council within the Department of
37 Agriculture and Consumer Services; requiring the
38 Commissioner of Agriculture to appoint members of the
39 council; providing duties of the council; providing
40 requirements for the meetings, powers, duties,
41 procedures, and recordkeeping of the council;
42 providing an effective date.
44 Be It Enacted by the Legislature of the State of Florida:
46 Section 1. This act may be cited as the “Healthy Schools
47 for Healthy Lives Act.”
48 Section 2. All powers, duties, functions, records,
49 personnel, property, pending issues and existing contracts,
50 administrative authority, administrative rules, and unexpended
51 balances of appropriations, allocations, and other funds for the
52 administration of the school food and nutrition programs are
53 transferred by a type two transfer, as defined in s. 20.06(2),
54 Florida Statutes, from the Department of Education to the
55 Department of Agriculture and Consumer Services.
56 Section 3. Section 570.98, Florida Statutes, is created to
58 570.98 School food and nutrition programs.—
59 (1) The department shall conduct, supervise, and administer
60 all school food and nutrition programs that will be carried out
61 using federal or state funds, or funds from any other source.
62 (2) The department shall cooperate fully with the United
63 States Government and its agencies and instrumentalities so that
64 the department may receive the benefit of all federal financial
65 allotments and assistance possible to carry out the purposes of
66 this chapter.
67 (3) The department may act as agent of, or contract with,
68 the Federal Government, another state agency, or any county or
69 municipal government for the administration of the school food
70 and nutrition programs, including the distribution of funds
71 provided by the Federal Government to support the school food
72 and nutrition programs.
73 Section 4. Section 1006.06, Florida Statutes, is
74 transferred, renumbered as section 570.981, Florida Statutes,
75 and amended to read:
1006.06 School food service programs.—
77 (1) In recognition of the demonstrated relationship between
78 good nutrition and the capacity of students to develop and
79 learn, it is the policy of the state to provide standards for
80 school food service and to require district school boards to
81 establish and maintain an appropriate private school food
82 service program consistent with the nutritional needs of
84 (2) The department State Board of Education shall adopt
85 rules covering the administration and operation of the school
86 food service programs.
87 (3) Each district school board shall consider the
88 recommendations of the district school superintendent and adopt
89 policies to provide for an appropriate food and nutrition
90 program for students consistent with federal law and department
91 State Board of Education rule.
92 (4) The state shall provide the state National School Lunch
93 Act matching requirements. The funds provided shall be
94 distributed in such a manner as to comply with the requirements
95 of the National School Lunch Act.
96 (5)(a) Each district school board shall implement school
97 breakfast programs that make breakfast meals available to all
98 students in each elementary school. By the beginning of the
99 2010-2011 school year, Universal school breakfast programs shall
100 be offered in schools in which 80 percent or more of the
101 students are eligible for free or reduced-price meals. Each
102 school shall, to the maximum extent practicable, make breakfast
103 meals available to students at an alternative site location,
104 which may include, but need not be limited to, alternative
105 breakfast options as described in publications of the Food and
106 Nutrition Service of the United States Department of Agriculture
107 for the federal School Breakfast Program.
108 (b) Beginning with the 2009-2010 school year, Each school
109 district must annually set prices for breakfast meals at rates
110 that, combined with federal reimbursements and state
111 allocations, are sufficient to defray costs of school breakfast
112 programs without requiring allocations from the district’s
113 operating funds, except if the district school board approves
114 lower rates.
115 (c) Each district school board is encouraged to provide
116 universal-free school breakfast meals to all students in each
117 elementary, middle, and high school. By the beginning of the
118 2010-2011 school year, Each district school board shall approve
119 or disapprove a policy, after receiving public testimony
120 concerning the proposed policy at two or more regular meetings,
121 which makes universal-free school breakfast meals available to
122 all students in each elementary, middle, and high school in
123 which 80 percent or more of the students are eligible for free
124 or reduced-price meals.
125 (d) Beginning with the 2009-2010 school year, Each
126 elementary, middle, and high school shall make a breakfast meal
127 available if a student arrives at school on the school bus less
128 than 15 minutes before the first bell rings and shall allow the
129 student at least 15 minutes to eat the breakfast.
130 (e) Each school district shall annually provide to all
131 students in each elementary, middle, and high school information
132 prepared by the district’s food service administration regarding
133 its school breakfast programs. The information shall be
134 communicated through school announcements and written notice
135 sent to all parents.
136 (f) A district school board may operate a breakfast program
137 providing for food preparation at the school site or in central
138 locations with distribution to designated satellite schools or
139 any combination thereof.
140 (g) The commissioner shall make every reasonable effort to
141 ensure that any school designated as a “severe need school”
142 receives the highest rate of reimbursement to which it is
143 entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
144 (h) The department shall annually allocate among the school
145 districts funds provided from the school breakfast supplement in
146 the General Appropriations Act based on each district’s total
147 number of free and reduced-price breakfast meals served.
148 (6) The Legislature, recognizing that school children need
149 nutritious food not only for healthy physical and intellectual
150 development but also to combat diseases related to poor
151 nutrition and obesity, establishes the Florida Farm Fresh
152 Schools Program within the department of Education as the lead
153 agency for the program. The program shall comply with the
154 regulations of the National School Lunch Program and require:
155 (a) The department of Education to work with the Department
156 of Agriculture and Consumer Services to develop policies
157 pertaining to school food services which encourage:
158 1. School districts to buy fresh and high-quality foods
159 grown in this state when feasible.
160 2. Farmers in this state to sell their products to school
161 districts and schools.
162 3. School districts and schools to demonstrate a preference
163 for competitively priced organic food products.
164 (b) School districts and schools to make reasonable efforts
165 to select foods based on a preference for those that have
166 maximum nutritional content.
167 (c) The department of Education, in collaboration with the
168 Department of Agriculture and Consumer Services, to provide
169 outreach, guidance, and training to school districts, schools,
170 school food service directors, parent and teacher organizations,
171 and students about the benefits of fresh food products from
172 farms in this state.
173 Section 5. Section 1006.0606, Florida Statutes, is
174 transferred, renumbered as section 570.982, Florida Statutes,
175 and amended to read:
176 570.982 1006.0606 Children’s summer nutrition program.—
177 (1) This section may be cited as the “Ms. Willie Ann Glenn
179 (2) Each district school board shall develop a plan by May
180 1, 2006, to sponsor a summer nutrition program beginning the
181 summer of 2006 to operate sites in the school district as
183 (a) Within 5 miles of at least one elementary school at
184 which 50 percent or more of the students are eligible for free
185 or reduced-price school meals and for the duration of 35
186 consecutive days; and
187 (b) Except as operated pursuant to paragraph (a), within 10
188 miles of each elementary school at which 50 percent or more of
189 the students are eligible for free or reduced-price school
191 (3)(a) A district school board boards may be exempt from
192 sponsoring a summer nutrition program pursuant to this section.
193 A district school board seeking such exemption must include the
194 issue on an agenda at a regular or special district school board
195 meeting that is publicly noticed, provide residents an
196 opportunity to participate in the discussion, and vote on
197 whether to be exempt from this section. The district school
198 board shall notify the commissioner of Education within 10 days
199 after it decides to become exempt from this section.
200 (b) Each year the district school board shall reconsider
201 its decision to be exempt from the provisions of this section
202 and shall vote on whether to continue the exemption from
203 sponsoring a summer nutrition program. The district school board
204 shall notify the commissioner of Education within 10 days after
205 each subsequent year’s decision to continue the exemption.
206 (c) If a district school board elects to be exempt from
207 sponsoring a summer nutrition program under this section, the
208 district school board may encourage not-for-profit entities to
209 sponsor the program. If a not-for-profit entity chooses to
210 sponsor the summer nutrition program but fails to perform with
211 regard to the program, the district school board, the school
212 district, and the department of Education are not required to
213 continue the program and shall be held harmless from any
214 liability arising from the discontinuation of the summer
215 nutrition program.
216 (4) The superintendent of schools may collaborate with
217 municipal and county governmental agencies and private, not-for
218 profit leaders in implementing the plan. Although schools have
219 proven to be the optimal site for a summer nutrition program,
220 any not-for-profit entity may serve as a site or sponsor. By
221 April 15 of each year, each school district with a summer
222 nutrition program shall report to the department the district’s
223 summer nutrition program sites in compliance with this section.
224 (5) The department shall provide to each district school
225 board by February 15 of each year a list of local organizations
226 that have filed letters of intent to participate in the summer
227 nutrition program in order that a district school board is able
228 to determine how many sites are needed to serve the children and
229 where to place each site.
230 Section 6. Section 1010.77, Florida Statutes, is
231 transferred, renumbered as section 570.983, Florida Statutes,
232 and amended to read:
233 570.983 1010.77 Food and Nutrition Services Trust Fund.
234 Chapter 99-34, Laws of Florida, re-created the Food and
235 Nutrition Services Trust Fund to record revenue and
236 disbursements of Federal Food and Nutrition funds received by
237 the department of Education as authorized in s. 570.981 s.
239 Section 7. Section 1003.453, Florida Statutes, is amended
240 to read:
241 1003.453 School wellness and physical education policies;
242 nutrition guidelines.—
243 (1) By September 1, 2006, Each school district shall submit
244 to the Department of Education a copy of its school wellness
245 policy as required by the Child Nutrition and WIC
246 Reauthorization Act of 2004 and a copy of its physical education
247 policy required under s. 1003.455. Each school district shall
248 annually review its school wellness policy and physical
249 education policy and provide a procedure for public input and
250 revisions. In addition, each school district shall send an
251 updated copy of its wellness policy and physical education
252 policy to the department and to the Department of Agriculture
253 and Consumer Services when a change or revision is made.
254 (2) By December 1, 2006, The department shall post links to
255 each school district’s school wellness policy and physical
256 education policy on its website so that the policies can be
257 accessed and reviewed by the public. Each school district shall
258 provide the most current versions of its school wellness policy
259 and physical education policy on the district’s website.
260 (3) By December 1, 2006, The department must provide on its
261 website links to resources that include information regarding:
262 (a) Classroom instruction on the benefits of exercise and
263 healthful eating.
264 (b) Classroom instruction on the health hazards of using
265 tobacco and being exposed to tobacco smoke.
266 (c) The eight components of a coordinated school health
267 program, including health education, physical education, health
268 services, and nutrition services.
269 (d) The core measures for school health and wellness, such
270 as the School Health Index.
271 (e) Access for each student to the nutritional content of
272 foods and beverages and to healthful food choices in accordance
273 with the dietary guidelines of the United States Department of
274 Agriculture. This information shall also be accessible from the
275 website of the Department of Agriculture and Consumer Services.
276 (f) Multiple examples of school wellness policies for
277 school districts.
278 (g) Examples of wellness classes that provide nutrition
279 education for teachers and school support staff, including
280 encouragement to provide classes that are taught by a licensed
281 nutrition professional from the school nutrition department.
282 (4) School districts are encouraged to provide basic
283 training in first aid, including cardiopulmonary resuscitation,
284 for all students, beginning in grade 6 and every 2 years
285 thereafter. Private and public partnerships for providing
286 training or necessary funding are encouraged.
287 Section 8. (1) There is created within the Department of
288 Agriculture and Consumer Services the Healthy Schools for
289 Healthy Lives Council, which shall consist of 11 members
290 appointed by the Commissioner of Agriculture. The council shall
291 advise the department on matters relating to nutritional
292 standards and the prevention of childhood obesity, nutrition
293 education, anaphylaxis, and other needs to further the
294 development of the various school nutrition programs.
295 (2) The meetings, powers, duties, procedures, and
296 recordkeeping of the Healthy Schools for Healthy Lives Council
297 shall be governed by s. 570.0705, Florida Statutes, relating to
298 advisory committees established within the department.
299 Section 9. This act shall take effect July 1, 2011.