HB 1753

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


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