CS/HB 7219

1
A bill to be entitled
2An act relating to school food service and nutrition
3programs; providing a short title; transferring the Food
4and Nutrition Services Trust Fund in the Department of
5Education to the Department of Agriculture and Consumer
6Services; transferring and reassigning functions and
7responsibilities, including records, personnel, property,
8and unexpended balances of appropriations and other
9resources for the administration of the school food
10service and nutrition programs from the Department of
11Education to the Department of Agriculture and Consumer
12Services; creating s. 570.98, F.S.; requiring the
13Department of Agriculture and Consumer Services to
14conduct, supervise, and administer all school food service
15and nutrition programs; requiring the department to
16cooperate fully with the Federal Government; authorizing
17the department to act as agent of, or contract with, the
18Federal Government, other state agencies, or any county or
19municipal government for the administration of the school
20food service and nutrition programs; renumbering and
21amending ss. 1006.06, 1006.0606, and 1010.77, F.S.,
22relating to school food service programs, the children's
23summer nutrition program, and the Food and Nutrition
24Services Trust Fund, respectively; conforming provisions
25to changes made by the act; deleting obsolete provisions;
26correcting a cross-reference; amending s. 1003.453, F.S.;
27requiring each school district to send an updated copy of
28its wellness policy and physical education policy to the
29Department of Education and the Department of Agriculture
30and Consumer Services; deleting obsolete provisions;
31requiring certain information to be accessible from the
32website of the Department of Agriculture and Consumer
33Services; repealing s. 1010.77, F.S., relating to the Food
34and Nutrition Services Trust Fund; requiring the
35Department of Education, in consultation with the
36Department of Agriculture and Consumer Services, to
37develop and submit a request for a waiver to the United
38States Department of Agriculture to transfer
39administration of the school food service and nutrition
40programs; requiring notification relating to the outcome
41of the request for a waiver; providing for contingent
42effect based upon federal approval of a request for a
43waiver; providing effective dates.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  This act may be cited as the "Healthy Schools
48for Healthy Lives Act."
49     Section 2.  The Food and Nutrition Services Trust Fund,
50FLAIR number 48-2-2315, in the Department of Education is
51transferred to the Department of Agriculture and Consumer
52Services, FLAIR number 42-2-2315.
53     Section 3.  All powers, duties, functions, records,
54personnel, property, pending issues and existing contracts,
55administrative authority, administrative rules, and unexpended
56balances of appropriations, allocations, and other funds for the
57administration of the school food service and nutrition programs
58are transferred by a type two transfer, as defined in s.
5920.06(2), Florida Statutes, from the Department of Education to
60the Department of Agriculture and Consumer Services.
61     Section 4.  Section 570.98, Florida Statutes, is created to
62read:
63     570.98  School food service and nutrition programs.-
64     (1)  The department shall conduct, supervise, and
65administer all school food service and nutrition programs that
66are carried out using federal funds, state funds, or funds from
67any other source.
68     (2)  The department shall cooperate fully with the Federal
69Government and its agencies and instrumentalities so that the
70department may receive the benefit of all federal financial
71allotments and assistance possible to carry out the purposes of
72ss. 570.98-570.983.
73     (3)  The department may act as agent of, or contract with,
74the Federal Government, another state agency, or any county or
75municipal government for the administration of the school food
76service and nutrition programs, including the distribution of
77funds provided by the Federal Government to support the school
78food service and nutrition programs.
79     Section 5.  Section 1006.06, Florida Statutes, is
80renumbered as section 570.981, Florida Statutes, and amended to
81read:
82     570.981 1006.06  School food service programs.-
83     (1)  In recognition of the demonstrated relationship
84between good nutrition and the capacity of students to develop
85and learn, it is the policy of the state to provide standards
86for school food service and to require district school boards to
87establish and maintain an appropriate private school food
88service program consistent with the nutritional needs of
89students.
90     (2)  The department State Board of Education shall adopt
91rules covering the administration and operation of the school
92food service programs.
93     (3)  Each district school board shall consider the
94recommendations of the district school superintendent and adopt
95policies to provide for an appropriate food and nutrition
96program for students consistent with federal law and department
97State Board of Education rule.
98     (4)  The state shall provide the state National School
99Lunch Act matching requirements. The funds provided shall be
100distributed in such a manner as to comply with the requirements
101of the National School Lunch Act.
102     (5)(a)  Each district school board shall implement school
103breakfast programs that make breakfast meals available to all
104students in each elementary school. By the beginning of the
1052010-2011 school year, Universal school breakfast programs shall
106be offered in schools in which 80 percent or more of the
107students are eligible for free or reduced-price meals. Each
108school shall, to the maximum extent practicable, make breakfast
109meals available to students at an alternative site location,
110which may include, but need not be limited to, alternative
111breakfast options as described in publications of the Food and
112Nutrition Service of the United States Department of Agriculture
113for the federal School Breakfast Program.
114     (b)  Beginning with the 2009-2010 school year, Each school
115district must annually set prices for breakfast meals at rates
116that, combined with federal reimbursements and state
117allocations, are sufficient to defray costs of school breakfast
118programs without requiring allocations from the district's
119operating funds, except if the district school board approves
120lower rates.
121     (c)  Each district school board is encouraged to provide
122universal-free school breakfast meals to all students in each
123elementary, middle, and high school. By the beginning of the
1242010-2011 school year, Each district school board shall approve
125or disapprove a policy, after receiving public testimony
126concerning the proposed policy at two or more regular meetings,
127which makes universal-free school breakfast meals available to
128all students in each elementary, middle, and high school in
129which 80 percent or more of the students are eligible for free
130or reduced-price meals.
131     (d)  Beginning with the 2009-2010 school year, Each
132elementary, middle, and high school shall make a breakfast meal
133available if a student arrives at school on the school bus less
134than 15 minutes before the first bell rings and shall allow the
135student at least 15 minutes to eat the breakfast.
136     (e)  Each school district shall annually provide to all
137students in each elementary, middle, and high school information
138prepared by the district's food service administration regarding
139its school breakfast programs. The information shall be
140communicated through school announcements and written notice
141sent to all parents.
142     (f)  A district school board may operate a breakfast
143program providing for food preparation at the school site or in
144central locations with distribution to designated satellite
145schools or any combination thereof.
146     (g)  The commissioner shall make every reasonable effort to
147ensure that any school designated as a "severe need school"
148receives the highest rate of reimbursement to which it is
149entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
150     (h)  The department shall annually allocate among the
151school districts funds provided from the school breakfast
152supplement in the General Appropriations Act based on each
153district's total number of free and reduced-price breakfast
154meals served.
155     (6)  The Legislature, recognizing that school children need
156nutritious food not only for healthy physical and intellectual
157development but also to combat diseases related to poor
158nutrition and obesity, establishes the Florida Farm Fresh
159Schools Program within the department of Education as the lead
160agency for the program. The program shall comply with the
161regulations of the National School Lunch Program and require:
162     (a)  The department of Education to work with the
163Department of Agriculture and Consumer Services to develop
164policies pertaining to school food services which encourage:
165     1.  School districts to buy fresh and high-quality foods
166grown in this state when feasible.
167     2.  Farmers in this state to sell their products to school
168districts and schools.
169     3.  School districts and schools to demonstrate a
170preference for competitively priced organic food products.
171     (b)  School districts and schools to make reasonable
172efforts to select foods based on a preference for those that
173have maximum nutritional content.
174     (c)  The department of Education, in collaboration with the
175Department of Agriculture and Consumer Services, to provide
176outreach, guidance, and training to school districts, schools,
177school food service directors, parent and teacher organizations,
178and students about the benefits of fresh food products from
179farms in this state.
180     Section 6.  Section 1006.0606, Florida Statutes, is
181renumbered as section 570.982, Florida Statutes, and amended to
182read:
183     570.982 1006.0606  Children's summer nutrition program.-
184     (1)  This section may be cited as the "Ms. Willie Ann Glenn
185Act."
186     (2)  Each district school board shall develop a plan by May
1871, 2006, to sponsor a summer nutrition program beginning the
188summer of 2006 to operate sites in the school district as
189follows:
190     (a)  Within 5 miles of at least one elementary school at
191which 50 percent or more of the students are eligible for free
192or reduced-price school meals and for the duration of 35
193consecutive days; and
194     (b)  Except as operated pursuant to paragraph (a), within
19510 miles of each elementary school at which 50 percent or more
196of the students are eligible for free or reduced-price school
197meals.
198     (3)(a)  A district school board boards may be exempt from
199sponsoring a summer nutrition program pursuant to this section.
200A district school board seeking such exemption must include the
201issue on an agenda at a regular or special district school board
202meeting that is publicly noticed, provide residents an
203opportunity to participate in the discussion, and vote on
204whether to be exempt from this section. The district school
205board shall notify the commissioner of Education within 10 days
206after it decides to become exempt from this section.
207     (b)  Each year the district school board shall reconsider
208its decision to be exempt from the provisions of this section
209and shall vote on whether to continue the exemption from
210sponsoring a summer nutrition program. The district school board
211shall notify the commissioner of Education within 10 days after
212each subsequent year's decision to continue the exemption.
213     (c)  If a district school board elects to be exempt from
214sponsoring a summer nutrition program under this section, the
215district school board may encourage not-for-profit entities to
216sponsor the program. If a not-for-profit entity chooses to
217sponsor the summer nutrition program but fails to perform with
218regard to the program, the district school board, the school
219district, and the department of Education are not required to
220continue the program and shall be held harmless from any
221liability arising from the discontinuation of the summer
222nutrition program.
223     (4)  The superintendent of schools may collaborate with
224municipal and county governmental agencies and private, not-for-
225profit leaders in implementing the plan. Although schools have
226proven to be the optimal site for a summer nutrition program,
227any not-for-profit entity may serve as a site or sponsor. By
228April 15 of each year, each school district with a summer
229nutrition program shall report to the department the district's
230summer nutrition program sites in compliance with this section.
231     (5)  The department shall provide to each district school
232board by February 15 of each year a list of local organizations
233that have filed letters of intent to participate in the summer
234nutrition program in order that a district school board is able
235to determine how many sites are needed to serve the children and
236where to place each site.
237     Section 7.  Section 1010.77, Florida Statutes, is
238renumbered as section 570.983, Florida Statutes, and amended to
239read:
240     570.983 1010.77  Food and Nutrition Services Trust Fund.-
241Chapter 99-37 99-34, Laws of Florida, re-created the Food and
242Nutrition Services Trust Fund to record revenue and
243disbursements of Federal Food and Nutrition funds received by
244the department of Education as authorized in s. 570.981 1006.06.
245     Section 8.  Section 1003.453, Florida Statutes, is amended
246to read:
247     1003.453  School wellness and physical education policies;
248nutrition guidelines.-
249     (1)  By September 1, 2006, Each school district shall
250submit to the Department of Education a copy of its school
251wellness policy as required by the Child Nutrition and WIC
252Reauthorization Act of 2004 and a copy of its physical education
253policy required under s. 1003.455. Each school district shall
254annually review its school wellness policy and physical
255education policy and provide a procedure for public input and
256revisions. In addition, each school district shall send an
257updated copy of its wellness policy and physical education
258policy to the department and to the Department of Agriculture
259and Consumer Services when a change or revision is made.
260     (2)  By December 1, 2006, The department shall post links
261to each school district's school wellness policy and physical
262education policy on its website so that the policies can be
263accessed and reviewed by the public. Each school district shall
264provide the most current versions of its school wellness policy
265and physical education policy on the district's website.
266     (3)  By December 1, 2006, The department must provide on
267its website links to resources that include information
268regarding:
269     (a)  Classroom instruction on the benefits of exercise and
270healthful eating.
271     (b)  Classroom instruction on the health hazards of using
272tobacco and being exposed to tobacco smoke.
273     (c)  The eight components of a coordinated school health
274program, including health education, physical education, health
275services, and nutrition services.
276     (d)  The core measures for school health and wellness, such
277as the School Health Index.
278     (e)  Access for each student to the nutritional content of
279foods and beverages and to healthful food choices in accordance
280with the dietary guidelines of the United States Department of
281Agriculture. This information shall also be accessible from the
282website of the Department of Agriculture and Consumer Services.
283     (f)  Multiple examples of school wellness policies for
284school districts.
285     (g)  Examples of wellness classes that provide nutrition
286education for teachers and school support staff, including
287encouragement to provide classes that are taught by a licensed
288nutrition professional from the school nutrition department.
289     (4)  School districts are encouraged to provide basic
290training in first aid, including cardiopulmonary resuscitation,
291for all students, beginning in grade 6 and every 2 years
292thereafter. Private and public partnerships for providing
293training or necessary funding are encouraged.
294     Section 9.  Section 1010.77, Florida Statutes, is repealed.
295     Section 10.  This section shall take effect upon this act
296becoming a law and, within 30 days thereafter, the Department of
297Education, in consultation with the Department of Agriculture
298and Consumer Services, shall develop and submit to the United
299States Department of Agriculture a request for a waiver required
300to transfer administration of the school food service and
301nutrition programs from the Department of Education to the
302Department of Agriculture and Consumer Services. Upon receipt of
303the United States Department of Agriculture's approval or denial
304of the request for a waiver, the Department of Education shall
305immediately notify the President of the Senate, the Speaker of
306the House of Representatives, and the Governor, in writing, of
307the United States Department of Agriculture's decision. The
308notification shall include a copy of the United States
309Department of Agriculture's approval or denial of the request
310for a waiver.
311     Section 11.  Except as otherwise expressly provided in this
312act and except for this section, which shall take effect upon
313this act becoming a law, this act shall take effect January 1,
3142012, if the United States Department of Agriculture approves
315the request for a waiver, pursuant to section 10 of this act, on
316or before November 1, 2011.


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