| 1 | A bill to be entitled |
| 2 | An act relating to public school food service programs; amending |
| 3 | s. 1006.06, F.S.; revising provisions relating to the |
| 4 | establishment of school food service programs; requiring |
| 5 | district school boards to analyze the operational efficiency of |
| 6 | school food service programs; requiring a cost accounting |
| 7 | report; encouraging school districts to ensure that |
| 8 | responsibility for revenue and costs is vested in district food |
| 9 | service directors; amending s. 1010.20, F.S.; requiring the |
| 10 | Department of Education to report to the Legislature and the |
| 11 | State Board of Education the food service expenditures of each |
| 12 | school district and the extent to which the services are self- |
| 13 | supporting; amending s. 1010.21, F.S.; defining indirect costs |
| 14 | for food service expenditure reporting; requiring each school |
| 15 | district to develop a plan to sponsor at least one summer |
| 16 | nutrition program by a specified date; providing for criteria |
| 17 | for the summer nutrition program; providing that a school board |
| 18 | may choose to be exempt from operating a summer nutrition |
| 19 | program; providing procedures for the school district to become |
| 20 | exempt; directing the school board to notify the Commissioner of |
| 21 | Education of its decision; requiring a school board to |
| 22 | reconsider its decision each year; authorizing a not-for-profit |
| 23 | entity to sponsor the summer nutrition program; providing that a |
| 24 | superintendent of schools may collaborate with specified |
| 25 | agencies to implement a summer food nutrition program; directing |
| 26 | the Department of Education to provide each school district with |
| 27 | a list of organizations intending to participate by a specified |
| 28 | date; providing an effective date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Subsection (1) of section 1006.06, Florida |
| 33 | Statutes, is amended, and subsection (6) is added to said |
| 34 | section, to read: |
| 35 | 1006.06 School food service programs.-- |
| 36 | (1) In recognition of the demonstrated relationship |
| 37 | between good nutrition and the capacity of students to develop |
| 38 | and learn, it is the policy of the state to provide standards |
| 39 | for school food service and to require district school boards to |
| 40 | establish and maintain an appropriate private school food |
| 41 | service program consistent with the nutritional needs of |
| 42 | students. |
| 43 | (6)(a) Beginning with the 2004-2005 school year, each |
| 44 | school district shall analyze the operational efficiency of its |
| 45 | school food service program. The analysis shall include a review |
| 46 | of the financial condition of the school food service program |
| 47 | presented in a financial statement format and a review of the |
| 48 | program's revenue and expenditure experience for the current and |
| 49 | prior 4 fiscal years. The calculation of the profit and loss for |
| 50 | the program shall include all revenue and costs, including |
| 51 | indirect costs as defined in s. 1010.21(2), and shall be |
| 52 | reported to the Department of Education and the district school |
| 53 | board within 60 days after the end of the district's fiscal |
| 54 | year. |
| 55 | (b) School food service programs in the state should |
| 56 | strive to operate in an efficient manner and require no |
| 57 | supplement of operating funds from the school district, which |
| 58 | funds are best used for other education-related activities. Each |
| 59 | school district is encouraged to ensure that the authority, |
| 60 | accountability, and responsibility for all revenue and costs, |
| 61 | including, but not limited to pricing, offerings, purchasing, |
| 62 | equipment, hiring, pay scales, promotion, retention, discipline |
| 63 | and termination of employees, and other costs associated with |
| 64 | the profitability of food services programs be vested in the |
| 65 | district food service directors, in collaboration with school |
| 66 | administrators. School districts shall ensure that such |
| 67 | authority does not interfere with the ability of school |
| 68 | administrators to provide for the safety and welfare of |
| 69 | students, as provided by law. |
| 70 | Section 2. Paragraph (d) is added to subsection (2) of |
| 71 | section 1010.20, Florida Statutes, to read: |
| 72 | 1010.20 Cost accounting and reporting for school |
| 73 | districts.-- |
| 74 | (2) COST REPORTING.-- |
| 75 | (d) The Department of Education shall annually prepare a |
| 76 | report for submission to the President of the Senate, the |
| 77 | Speaker of the House of Representatives, and the State Board of |
| 78 | Education by October 1 of each year that identifies the school |
| 79 | food service expenditures of each school district that are |
| 80 | reported pursuant to s. 1006.06(6), including a narrative |
| 81 | description of the extent to which school food services are |
| 82 | self-supporting. |
| 83 | Section 3. Section 1010.21, Florida Statutes, is amended |
| 84 | to read: |
| 85 | 1010.21 Indirect costs.-- |
| 86 | (1) District school boards shall assess district indirect |
| 87 | costs only for services received by the program or institution |
| 88 | against which such cost is assessed. When assigning each |
| 89 | specific indirect cost to multiple programs or institutions, |
| 90 | district school boards shall identify one basis for the |
| 91 | assessment of such cost and shall maintain the same basis for |
| 92 | assigning such cost to each program or institution. |
| 93 | (2) School districts shall identify all indirect costs |
| 94 | relating to school food service programs when preparing analyses |
| 95 | of program efficiency. Costs relating to school food service |
| 96 | programs shall include, but are not limited to, building |
| 97 | maintenance and depreciation, utilities, waste removal, pest |
| 98 | control, insurance, storage and distribution, printing, |
| 99 | administration of payroll, employee benefits and retirement, |
| 100 | purchasing, human resources, accounts payable and receivable |
| 101 | processing, and all other administrative services performed by |
| 102 | district staff to which a benefit to the school food service |
| 103 | program is derived. Indirect costs of the school food service |
| 104 | program shall include only those costs relating to the food |
| 105 | service program and shall be prorated to the school food service |
| 106 | program if the indirect costs also relate to other district |
| 107 | operations. |
| 108 | Section 4. Children's summer nutrition program.-- |
| 109 | (1) This section may be referred to by the popular name |
| 110 | the "Ms. Willie Ann Glenn Act." |
| 111 | (2) By May 1, 2005, each school district shall develop a |
| 112 | plan to sponsor at least one summer nutrition program to operate |
| 113 | in the school district for at least 40 consecutive days during |
| 114 | the summer months. The summer nutrition program shall operate to |
| 115 | the extent possible within 5 miles of an elementary school at |
| 116 | which 50 percent or more of the students are eligible for free |
| 117 | or reduced-price school meals, unless the school board requests |
| 118 | an exemption. |
| 119 | (3)(a) If a school board intends to be exempt from the |
| 120 | requirement to operate a summer nutrition program, it must |
| 121 | include the issue on an agenda at a regular or special school |
| 122 | board meeting that is publicly noticed, provide residents an |
| 123 | opportunity to participate in the discussion, and vote on |
| 124 | whether to be exempt from this section. The school board shall |
| 125 | notify the Commissioner of Education within 10 days after it |
| 126 | decides to become exempt from this section. |
| 127 | (b) Each year the school board shall reconsider its |
| 128 | decision and shall vote on whether to continue the exemption |
| 129 | from sponsoring a summer nutrition program. The school board |
| 130 | shall notify the Commissioner of Education within 10 days after |
| 131 | each subsequent year's decision whether to continue the |
| 132 | exemption. |
| 133 | (c) If a school board elects to be exempt from sponsoring |
| 134 | a summer nutrition program under this section, the school board |
| 135 | may encourage not-for-profit entities to sponsor the program. If |
| 136 | a not-for-profit entity chooses to sponsor the summer nutrition |
| 137 | program but fails to perform with regard to the program, the |
| 138 | district school board, the district, and the Department of |
| 139 | Education are not required to continue the program and shall be |
| 140 | held harmless from any liability arising from the |
| 141 | discontinuation of the summer food program. |
| 142 | (4) The superintendent of schools may collaborate with |
| 143 | municipal and county governmental agencies and private, |
| 144 | nonprofit leaders in implementing the plan. Although schools |
| 145 | have proven to be the optimal site for a summer food program, |
| 146 | any nonprofit organization may serve as a site or sponsor. By |
| 147 | April 15 of each year, each participating school district shall |
| 148 | report to the department the district's summer food sites in |
| 149 | compliance with this section. |
| 150 | (5) The department shall provide to each school district |
| 151 | by February 15 of each year a list of local organizations that |
| 152 | have filed letters of intent to participate, so that a school |
| 153 | district can determine how many sites are needed to serve the |
| 154 | children and where to place each site. |
| 155 | Section 5. This act shall take effect upon becoming a law. |