House Bill hb1321

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    Florida House of Representatives - 2002                HB 1321

        By Representative Greenstein






  1                      A bill to be entitled

  2         An act relating to summer food service for

  3         children; creating s. 228.197, F.S.; creating

  4         the "Children's Summer Nutrition Act";

  5         requiring the Department of Education to

  6         develop a plan for providing access to the

  7         federal Summer Food Service Program; requiring

  8         specified elementary schools to participate in

  9         the program; authorizing a waiver under certain

10         circumstances; providing responsibilities of

11         superintendents of schools, school districts,

12         and the department; providing an effective

13         date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 228.197, Florida Statutes, is

18  created to read:

19         228.197  Children's Summer Nutrition Act.--

20         (1)  This section may be cited as the "Children's

21  Summer Nutrition Act."

22         (2)  The Food and Nutrition Management Section of the

23  Department of Education shall develop a plan to ensure that,

24  by the summer of 2003, children living near elementary schools

25  in which 50 percent or more of the children are eligible for

26  free or reduced-price school meals will have access to the

27  federal Summer Food Service Program. The department shall

28  designate a member of its administrative staff to coordinate

29  the activities required by this section.

30         (3)  The plan shall require participation in the Summer

31  Food Service Program, which must operate for at least 40 days

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    Florida House of Representatives - 2002                HB 1321

    706-138A-02






  1  during the summer months, by each elementary school in which

  2  at least 50 percent of the children are eligible for free or

  3  reduced-price school meals during the school year. The

  4  department shall use the October school indicator report on

  5  free and reduced-price school meal eligibility to determine

  6  those elementary schools in each school district that meet the

  7  criteria of this subsection. The department shall provide such

  8  information to each superintendent of schools by November 30

  9  of each year.

10         (4)  The superintendent of schools in each school

11  district shall have responsibility for implementation of the

12  plan for participation in the Summer Food Service Program. By

13  February 28 of each year, the school district shall indicate

14  to the department its intent to participate in the Summer Food

15  Service Program during the summer of that year in each of its

16  eligible elementary schools or in another facility within 5

17  miles of an eligible school or shall request from the

18  department a waiver of such requirement. A waiver may be

19  granted by the department if a school district can demonstrate

20  that an alternate provider already sponsors the Summer Food

21  Service Program within a 5-mile radius of the school for 40

22  days or that the school is participating in the National

23  School Lunch Program during the summer months. Such a waiver

24  shall be valid for a period of 1 year. A school's

25  participation in the Summer Food Service Program may include

26  sponsoring, hosting, or vending with the program.

27         Section 2.  This act shall take effect July 1, 2002.

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    Florida House of Representatives - 2002                HB 1321

    706-138A-02






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  2                          HOUSE SUMMARY

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      Creates the "Children's Summer Nutrition Act," which
  4    requires the Department of Education to develop a plan to
      ensure that eligible children have access to the federal
  5    Summer Food Service Program. Requires specified
      elementary schools to participate in the program.
  6    Authorizes a waiver if certain conditions are met.
      Provides responsibilities of superintendents of schools,
  7    school districts, and the department.

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