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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 school breakfast programs in

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middle and high schools; providing procedures for school

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breakfast programs; specifying requirements for setting

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prices of breakfast meals; requiring district school

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boards to consider policies for the provision of

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universal-free school breakfast meals in certain schools;

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requiring information to be communicated to students and

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parents; clarifying the allocation of funds for school

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breakfast programs; directing the Office of Program Policy

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Analysis and Government Accountability to submit a report

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on school district food service programs; providing an

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effective 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 that make breakfast

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meals available to all students in kindergarten through grade 6

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in each district school, unless the elementary school. By the

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beginning of the 2010-2011 school year, the school breakfast

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programs shall make breakfast meals available to all students in

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each elementary, middle, and high school. Each school shall, to

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the maximum extent practicable, make breakfast meals available to

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students at an alternative site location, which may include, but

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need not be limited to, "Grab 'n' Go" breakfast as described in

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publications of the Food and Nutrition Service of the United

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States Department of Agriculture for the federal School Breakfast

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Program goes only through grade 5, in which case the requirement

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shall apply only through grade 5. Each district school board

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shall implement breakfast programs in all elementary schools in

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which students are eligible for free and reduced price lunch

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meals, to the extent specifically funded in the General

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Appropriations Act.

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     (b) Beginning with the 2009-2010 school year, each school

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district must annually set prices for breakfast meals at rates

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that, combined with federal reimbursements, are sufficient to

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defray costs of school breakfast programs without requiring

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allocations from the district's operating funds, except if the

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district school board approves lower rates.

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     (c) Each district school board is encouraged to provide

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universal-free school breakfast meals to all students in each

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elementary, middle, and high school. By the beginning of the

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2010-2011 school year, each district school board shall approve

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or disapprove a policy, after receiving public testimony

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concerning the proposed policy at two or more regular meetings,

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which makes universal-free school breakfast meals available to

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all students in each elementary, middle, and high school in which

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80 percent or more of the students are eligible for free or

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reduced-price meals.

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     (d) Beginning with the 2009-2010 school year, each

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elementary, middle, and high school shall make a "Grab 'n' Go"

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breakfast meal available if a student arrives at school on the

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school bus less than 15 minutes before the first bell rings and

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shall allow the student at least 15 minutes to eat the breakfast.

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     (e) Each school district shall annually provide to all

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students in each elementary, middle, and high school information

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prepared by the district's food service administration regarding

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its school breakfast programs. The information shall be

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communicated through school announcements and written notice sent

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to all parents.

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     (f) 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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     (g)(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 under pursuant to 42 U.S.C. s. 1773 for each free and

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reduced price breakfast meal served.

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     (h)(c) The department shall annually allocate among the

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school districts funds provided from the calculate and distribute

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a 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 based on each district's total by the number

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of free and reduced-price reduced price breakfast meals served.

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     (d) The Legislature shall provide sufficient funds in the

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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. (1) The Office of Program Policy Analysis and

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Government Accountability, by January 15, 2009, shall submit a

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report to the Governor, the President of the Senate, the Speaker

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of the House of Representatives, the members of the State Board

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of Education, and the Commissioner of Education on school

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district food service programs. The report shall:

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     (a) Estimate the district-by-district cost if each school

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district implements a universal-free school breakfast program in

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all elementary, middle, and high schools. The estimate shall

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consider the marginal costs per breakfast meal, anticipated

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increases in student participation rates, expected reductions in

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the marginal costs per breakfast meal which result from increased

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economies of scale, offsetting federal reimbursements, impact on

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the marginal costs per breakfast meal of limiting participation

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in a universal-free school breakfast program to schools having

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various percentages of students eligible for free or reduced-

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price meals, and impact on student participation rates and

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marginal costs per breakfast meal of alternatives to serving

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meals in school cafeterias. The estimate shall also consider the

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experiences of specific Florida schools and school districts

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implementing a universal-free school breakfast program.

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     (b) Determine the extent to which school district food

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service programs are fiscally self-sufficient or require

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financial support from other district operating funds.

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     (c) Examine for at least the previous 5 years the prices

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that school food service programs charged for meals, the

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frequency of price-level increases, and the relationship between

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increases in the costs per meal and price-level increases.

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     (d) Identify best practices for the efficient and effective

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operation of school district food service programs, which shall

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include strategies for a school district to reduce the costs of

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its food service programs without sacrificing the nutritional

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value of meals, including, but not limited to, the use of

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alternatives to the daily counting of meals at the point of

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service which are authorized under 7 C.F.R. s. 210.7(c)(2).

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     (e) Evaluate the methodology and forms used for school

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district food service programs to report their revenues and

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expenditures to the Department of Education. The evaluation shall

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assess whether the forms require food service programs to

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accurately report their total operating costs, including, but not

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limited to, food, labor, equipment, utilities, janitorial

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services, overhead, and indirect costs; whether the calculations

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submitted on the forms accurately report the average costs per

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meal; and whether information obtained from the forms as

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submitted to the department allows an equitable district-by-

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district comparison of the average costs per meal.

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     (f) Assess the methodology used to allocate funds provided

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in the General Appropriations Act for school district food

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service programs and the extent to which the allocation

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methodology creates incentives for the fiscal efficiency of the

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food service programs.

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     (g) Evaluate the organizational structure of the state for,

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and the state implementation and programmatic management of,

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federal programs administered by the Food and Nutrition Service

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of the United States Department of Agriculture, including, but

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not limited to, the National School Lunch Program, the federal

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School Breakfast Program, and the federal Summer Food Service

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Program.

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     (2) The Office of Program Policy Analysis and Government

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Accountability shall consult with staff of the education

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committees of the Senate and House of Representatives, the

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Department of Education, the Department of Agriculture and

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Consumer Services, and the Auditor General concerning the

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research design for the report.

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     Section 3.  This act shall take effect July 1, 2008.