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A bill to be entitled

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An act relating to school food service programs; amending

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s. 1006.06, F.S.; requiring the expansion of school

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district breakfast programs to middle and high schools;

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specifying requirements for the provision of universal

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free school breakfast; providing procedures for school

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breakfast programs and requiring information to be

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communicated to students and parents; authorizing the

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Department of Education to develop an incentive program to

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encourage student participation; providing an effective

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date.

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

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     Section 1.  Subsection (5) of section 1006.06, Florida

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Statutes, is amended to read:

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     1006.06  School food service programs.--

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     (5)(a)  Each district school board shall implement school

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breakfast programs in all elementary schools which shall that

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make breakfast available to all students in the schools. By the

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beginning of the 2010-2011 school year, each district school

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board shall expand its school breakfast programs to make

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breakfast available to all students in its middle and high

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schools. kindergarten through grade 6 in each district school,

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unless the elementary school goes only through grade 5, in which

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case the requirement shall apply only through grade 5. Each

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district school board shall implement breakfast programs in all

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elementary schools in which students are eligible for free and

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reduced price lunch meals, to the extent specifically funded in

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the General Appropriations Act.

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     (b) By the beginning of the 2010-2011 school year:

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     1. The district school board shall provide universal free

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breakfast to all students in each elementary, middle, and high

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school in which 80 percent or more of students are eligible for

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free or reduced-price meals, to the extent specifically funded in

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the General Appropriations Act. In these schools, at least 10

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percent of the breakfast meals shall be served at an alternative

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site location which may include, but not be limited to,

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"breakfast in the classroom," "Grab 'n' Go" breakfast, and

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"breakfast on the bus."

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     2. All elementary, middle, and high school students shall:

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     a. Have permission to visit a breakfast point-of-sale,

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receive a "Grab 'n' Go" breakfast, and eat the breakfast in the

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classroom for a period of time of at least 15 minutes after the

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first bell has rung if the school bus ridden by the student

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arrives late or for a reasonable period of time that enables the

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student to eat the breakfast if the school bus arrives after the

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first bell has rung.

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     b. Annually receive information prepared by the district's

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food service administration regarding the school breakfast

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program. The information shall be communicated through school

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announcements and written notice sent to all parents.

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     (c) A district school board may operate a breakfast program

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providing for food preparation at the school site or in central

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locations with distribution to designated satellite schools or

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any combination thereof.

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     (d)(b) The commissioner shall make every reasonable effort

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to ensure that any school designated a "severe need school"

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receives the highest rate of reimbursement to which it is

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entitled pursuant to 42 U.S.C. s. 1773 for each free and reduced

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price breakfast served.

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     (e)(c) The department shall calculate and distribute a

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school district breakfast supplement for each school year by

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multiplying the state breakfast rate as specified in the General

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Appropriations Act by the number of free and reduced price

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breakfast meals served.

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     (f) The department may develop an incentive program for

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school districts to encourage the expansion of student

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participation in school breakfast programs through innovative

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means which may include, but not be limited to, rewarding schools

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that significantly increase student participation and schools

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that maintain a 75-percent student participation rate. To the

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extent specifically funded in the General Appropriations Act,

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funding shall be given to school districts according to the

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percentage of students served.

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     (g)(d) The Legislature shall provide sufficient funds in

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the General Appropriations Act to reimburse participating school

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districts for the difference between the average federal

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reimbursement for free and reduced price breakfasts and the

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average statewide cost for breakfasts.

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     Section 2.  This act shall take effect July 1, 2008.