| 1 | A bill to be entitled |
| 2 | An act relating to public school food service programs; |
| 3 | amending s. 1006.06, F.S.; revising provisions relating to |
| 4 | the establishment of school food service programs; |
| 5 | requiring district school boards to analyze the |
| 6 | operational efficiency of school food service programs; |
| 7 | requiring a cost accounting report; requiring requests for |
| 8 | information relating to private-sector school food |
| 9 | services under certain circumstances; requiring district |
| 10 | school boards to consider outsourcing food service |
| 11 | programs under certain circumstances; providing |
| 12 | requirements for outsourcing school food services; |
| 13 | requiring reports to the Department of Education and |
| 14 | district school boards; amending s. 1010.20 F.S.; |
| 15 | requiring the Department of Education to report to the |
| 16 | Legislature and the State Board of Education the food |
| 17 | service expenditures of each school district and the |
| 18 | extent to which the services are self-supporting; amending |
| 19 | s. 1010.21, F.S.; defining indirect costs for food service |
| 20 | expenditure reporting; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Subsection (1) of section 1006.06, Florida |
| 25 | Statutes, is amended, and subsection (6) is added to said |
| 26 | section, to read: |
| 27 | 1006.06 School food service programs.-- |
| 28 | (1) In recognition of the demonstrated relationship |
| 29 | between good nutrition and the capacity of students to develop |
| 30 | and learn, it is the policy of the state to provide standards |
| 31 | for school food service and to require district school boards to |
| 32 | establish and maintain an appropriate private school food |
| 33 | service program consistent with the nutritional needs of |
| 34 | students. |
| 35 | (6)(a) Beginning with the 2004-2005 school year, each |
| 36 | school district shall analyze the operational efficiency of its |
| 37 | school food service program. The analysis shall include a review |
| 38 | of the financial condition of the school food service program |
| 39 | presented in a financial statement format and a review of the |
| 40 | program?s profit and loss experience for the current and prior 3 |
| 41 | fiscal years. The calculation of the profit and loss for the |
| 42 | program shall include all revenue and costs, including indirect |
| 43 | costs as defined in s. 1010.21(2), and shall be reported to the |
| 44 | Department of Education and the district school board within 60 |
| 45 | days after the end of the district?s fiscal year. |
| 46 | (b) School districts with 15,000 or more students with |
| 47 | school food service programs operating at a loss during any of |
| 48 | the past 3 fiscal years shall issue a request for information to |
| 49 | determine the availability and cost of private-sector school |
| 50 | food services. Any school district required to issue a request |
| 51 | for information pursuant to this subsection shall issue a report |
| 52 | to the Department of Education and the district school board |
| 53 | within 60 days after the due date of the request for information |
| 54 | summarizing the results of the request. The report presented to |
| 55 | the department and the district school board shall include the |
| 56 | total cost of providing food services by the school district as |
| 57 | required in paragraph (a) and the estimates of each private- |
| 58 | sector respondent to the request for information. |
| 59 | (c) School food service programs in the state should |
| 60 | strive to operate in an efficient manner and require no |
| 61 | supplement of operating funds from the school district, which |
| 62 | funds are best used for other education-related activities. |
| 63 | School districts that have been required to supplement their |
| 64 | food service programs in prior years are encouraged to pursue |
| 65 | outsourcing for their food service programs when it is |
| 66 | advantageous to the school district to achieve economies of |
| 67 | scale. School districts outsourcing their food service programs |
| 68 | must require the private-sector vendor to provide first |
| 69 | consideration of employment to existing food service employees |
| 70 | and offer existing employees the choice to remain school |
| 71 | district employees or to become employees of the private-sector |
| 72 | vendor. Staff reductions resulting from the outsourcing of food |
| 73 | service programs shall be handled through attrition or placement |
| 74 | into other available school district positions prior to direct |
| 75 | layoffs of school district employees. A school district that |
| 76 | has supplemented its food service program in the current or |
| 77 | prior 3 years that chooses not to outsource its food service |
| 78 | program must justify the decision not to outsource the food |
| 79 | service program and submit an operational plan to reduce its |
| 80 | program expenditures to match revenue sources to the Department |
| 81 | of Education within 60 days after the decision not to outsource |
| 82 | the food service program. |
| 83 | Section 2. Paragraph (d) is added to subsection (2) of |
| 84 | section 1010.20, Florida Statutes, to read: |
| 85 | 1010.20 Cost accounting and reporting for school |
| 86 | districts.-- |
| 87 | (2) COST REPORTING.-- |
| 88 | (d) The Department of Education shall annually prepare a |
| 89 | report for submission to the President of the Senate, the |
| 90 | Speaker of the House of Representatives, and the State Board of |
| 91 | Education by October 1 of each year that identifies the school |
| 92 | food service expenditures of each school district that are |
| 93 | reported pursuant to s. 1006.06(6), including a narrative |
| 94 | description of the extent to which school food services are |
| 95 | self-supporting. |
| 96 | Section 3. Section 1010.21, Florida Statutes, is amended |
| 97 | to read: |
| 98 | 1010.21 Indirect costs.-- |
| 99 | (1) District school boards shall assess district indirect |
| 100 | costs only for services received by the program or institution |
| 101 | against which such cost is assessed. When assigning each |
| 102 | specific indirect cost to multiple programs or institutions, |
| 103 | district school boards shall identify one basis for the |
| 104 | assessment of such cost and shall maintain the same basis for |
| 105 | assigning such cost to each program or institution. |
| 106 | (2) School districts shall identify all indirect costs |
| 107 | relating to school food service programs when preparing analyses |
| 108 | of program efficiency. Indirect costs relating to school food |
| 109 | service programs shall include, but are not limited to, building |
| 110 | maintenance and depreciation, utilities, waste removal, pest |
| 111 | control, insurance, storage and distribution, printing, |
| 112 | administration of payroll, employee benefits and retirement, |
| 113 | purchasing, human resources, accounts payable and receivable |
| 114 | processing, and all other administrative services performed by |
| 115 | district staff to which a benefit to the school food service |
| 116 | program is derived. Indirect costs of the school food service |
| 117 | program shall include only those costs relating to the food |
| 118 | service program and shall be prorated to the school food service |
| 119 | program if the indirect costs also relate to other district |
| 120 | operations. |
| 121 | Section 4. This act shall take effect upon becoming a law. |