The Florida Senate

228.195  School food service programs.--

(1)  DECLARATION OF PURPOSE.--In recognition of the demonstrated relationship between good nutrition and the capacity of children to develop and learn, it is declared to be the policy of the state to safeguard the health and well-being of Florida children by providing standards for school food service and by requiring school districts to establish and maintain an appropriate nonprofit school food service program consistent with the nutritional needs of children.

(2)  STATE RESPONSIBILITY.--The Commissioner of Education shall prescribe rules and standards covering all phases of the administration and operation of the school food service programs.

(3)  SCHOOL DISTRICT RESPONSIBILITY.--Each district school board shall consider the recommendations of the district superintendent and adopt policies to provide for an appropriate food and nutrition program for children consistent with regulations and standards prescribed by the commissioner.

(4)  STATE SUPPORT.--The state shall provide the state National School Lunch Act matching requirements. The funds provided shall be distributed in such a manner as to comply with the requirements for state matching under the National School Lunch Act.

(5)  SCHOOL BREAKFAST PROGRAMS.--

(a)  Each school district shall implement school breakfast programs in all elementary schools by the beginning of the 1991-1992 school year. Breakfast programs shall make breakfast available to all students in kindergarten through grade 6 in each district school, unless the elementary school goes only through grade 5, in which case the requirement shall apply only through grade 5. Breakfast programs shall be phased in over a 3-year period, beginning July 1, 1989, and ending June 30, 1992.

1.  The first phase shall be from July 1, 1989, to June 30, 1990. During the first phase, each school district shall develop a 3-year plan for implementing breakfast programs in all elementary schools.

2.  The second phase shall be from July 1, 1990, to June 30, 1991. During the second phase, each school district shall implement breakfast programs in elementary schools in which 40 percent of the student population is eligible to be served free and reduced price meals as reported for the second preceding year, to the extent specifically funded in the General Appropriations Act.

3.  The third phase shall be from July 1, 1991, to June 30, 1992. During the third phase and each year thereafter, each school district shall implement breakfast programs in all elementary schools in which students are eligible for free and reduced price lunch meals, to the extent specifically funded in the General Appropriations Act.

The Commissioner of Education may grant a 1-year extension to schools which cannot, for good cause, meet the deadlines specified in this paragraph. The commissioner may renew the extension for 1 additional year. A school district may operate a breakfast program providing for food preparation at the school site or in central locations with distribution to designated satellite schools or any combination thereof.

(b)1.  The commissioner shall make every reasonable effort to ensure that any school designated a "severe need school" receives the highest rate of reimbursement to which it is entitled pursuant to 42 U.S.C. s. 1773 for each free and reduced price breakfast served.

2.  From July 1, 1989, to June 30, 1990, the Department of Education shall award a one-time incentive grant, in the amount specified in the General Appropriations Act, to each school district for each elementary school which implements a new breakfast program between April 1, 1989, and February 28, 1990. To be eligible for an incentive grant, a school shall not have submitted a breakfast reimbursement claim within the 2 previous school years and shall have served breakfast after March 31, 1989, but prior to February 28, 1990, and thereby submitted breakfast reimbursement claims during the specified months of service, April through February. The total amount of these incentive grants shall not exceed $200,000. The Department of Education shall calculate and distribute a school district breakfast supplement for the 1990-1991 school year and each year thereafter. The breakfast supplement shall be calculated by multiplying the state breakfast rate as specified in the General Appropriations Act by the number of free and reduced price breakfast meals served.

3.  Beginning with the 1990-1991 fiscal year, the Legislature shall provide sufficient funds in the General Appropriations Act to reimburse participating school districts for the difference between the average federal reimbursement for free and reduced price breakfasts and the average statewide cost for breakfasts.

History.--ss. 1, 2, 3, 4, ch. 72-316; s. 1, ch. 79-354; s. 1, ch. 89-221; s. 2, ch. 90-172; s. 44, ch. 90-288; s. 80, ch. 97-190.