HB 7219

1
A bill to be entitled
2An act relating to school food service and nutrition
3programs; providing a short title; transferring the Food
4and Nutrition Services Trust Fund in the Department of
5Education to the Department of Agriculture and Consumer
6Services; transferring and reassigning functions and
7responsibilities, including records, personnel, property,
8and unexpended balances of appropriations and other
9resources for the administration of the school food
10service and nutrition programs from the Department of
11Education to the Department of Agriculture and Consumer
12Services; creating s. 570.98, F.S.; requiring the
13Department of Agriculture and Consumer Services to
14conduct, supervise, and administer all school food service
15and nutrition programs; requiring the department to
16cooperate fully with the Federal Government; authorizing
17the department to act as agent of, or contract with, the
18Federal Government, other state agencies, or any county or
19municipal government for the administration of the school
20food service and nutrition programs; renumbering and
21amending ss. 1006.06, 1006.0606, and 1010.77, F.S.,
22relating to school food service programs, the children's
23summer nutrition program, and the Food and Nutrition
24Services Trust Fund, respectively; conforming provisions
25to changes made by the act; deleting obsolete provisions;
26correcting a cross-reference; amending s. 1003.453, F.S.;
27requiring each school district to send an updated copy of
28its wellness policy and physical education policy to the
29Department of Education and the Department of Agriculture
30and Consumer Services; deleting obsolete provisions;
31requiring certain information to be accessible from the
32website of the Department of Agriculture and Consumer
33Services; providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  This act may be cited as the "Healthy Schools
38for Healthy Lives Act."
39     Section 2.  The Food and Nutrition Services Trust Fund,
40FLAIR number 48-2-2315, in the Department of Education is
41transferred to the Department of Agriculture and Consumer
42Services, FLAIR number 42-2-2315.
43     Section 3.  All powers, duties, functions, records,
44personnel, property, pending issues and existing contracts,
45administrative authority, administrative rules, and unexpended
46balances of appropriations, allocations, and other funds for the
47administration of the school food service and nutrition programs
48are transferred by a type two transfer, as defined in s.
4920.06(2), Florida Statutes, from the Department of Education to
50the Department of Agriculture and Consumer Services.
51     Section 4.  Section 570.98, Florida Statutes, is created to
52read:
53     570.98  School food service and nutrition programs.-
54     (1)  The department shall conduct, supervise, and
55administer all school food service and nutrition programs that
56are carried out using federal funds, state funds, or funds from
57any other source.
58     (2)  The department shall cooperate fully with the Federal
59Government and its agencies and instrumentalities so that the
60department may receive the benefit of all federal financial
61allotments and assistance possible to carry out the purposes of
62ss. 570.98-570.983.
63     (3)  The department may act as agent of, or contract with,
64the Federal Government, another state agency, or any county or
65municipal government for the administration of the school food
66service and nutrition programs, including the distribution of
67funds provided by the Federal Government to support the school
68food service and nutrition programs.
69     Section 5.  Section 1006.06, Florida Statutes, is
70renumbered as section 570.981, Florida Statutes, and amended to
71read:
72     570.981 1006.06  School food service programs.-
73     (1)  In recognition of the demonstrated relationship
74between good nutrition and the capacity of students to develop
75and learn, it is the policy of the state to provide standards
76for school food service and to require district school boards to
77establish and maintain an appropriate private school food
78service program consistent with the nutritional needs of
79students.
80     (2)  The department State Board of Education shall adopt
81rules covering the administration and operation of the school
82food service programs.
83     (3)  Each district school board shall consider the
84recommendations of the district school superintendent and adopt
85policies to provide for an appropriate food and nutrition
86program for students consistent with federal law and department
87State Board of Education rule.
88     (4)  The state shall provide the state National School
89Lunch Act matching requirements. The funds provided shall be
90distributed in such a manner as to comply with the requirements
91of the National School Lunch Act.
92     (5)(a)  Each district school board shall implement school
93breakfast programs that make breakfast meals available to all
94students in each elementary school. By the beginning of the
952010-2011 school year, Universal school breakfast programs shall
96be offered in schools in which 80 percent or more of the
97students are eligible for free or reduced-price meals. Each
98school shall, to the maximum extent practicable, make breakfast
99meals available to students at an alternative site location,
100which may include, but need not be limited to, alternative
101breakfast options as described in publications of the Food and
102Nutrition Service of the United States Department of Agriculture
103for the federal School Breakfast Program.
104     (b)  Beginning with the 2009-2010 school year, Each school
105district must annually set prices for breakfast meals at rates
106that, combined with federal reimbursements and state
107allocations, are sufficient to defray costs of school breakfast
108programs without requiring allocations from the district's
109operating funds, except if the district school board approves
110lower rates.
111     (c)  Each district school board is encouraged to provide
112universal-free school breakfast meals to all students in each
113elementary, middle, and high school. By the beginning of the
1142010-2011 school year, Each district school board shall approve
115or disapprove a policy, after receiving public testimony
116concerning the proposed policy at two or more regular meetings,
117which makes universal-free school breakfast meals available to
118all students in each elementary, middle, and high school in
119which 80 percent or more of the students are eligible for free
120or reduced-price meals.
121     (d)  Beginning with the 2009-2010 school year, Each
122elementary, middle, and high school shall make a breakfast meal
123available if a student arrives at school on the school bus less
124than 15 minutes before the first bell rings and shall allow the
125student at least 15 minutes to eat the breakfast.
126     (e)  Each school district shall annually provide to all
127students in each elementary, middle, and high school information
128prepared by the district's food service administration regarding
129its school breakfast programs. The information shall be
130communicated through school announcements and written notice
131sent to all parents.
132     (f)  A district school board may operate a breakfast
133program providing for food preparation at the school site or in
134central locations with distribution to designated satellite
135schools or any combination thereof.
136     (g)  The commissioner shall make every reasonable effort to
137ensure that any school designated as a "severe need school"
138receives the highest rate of reimbursement to which it is
139entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
140     (h)  The department shall annually allocate among the
141school districts funds provided from the school breakfast
142supplement in the General Appropriations Act based on each
143district's total number of free and reduced-price breakfast
144meals served.
145     (6)  The Legislature, recognizing that school children need
146nutritious food not only for healthy physical and intellectual
147development but also to combat diseases related to poor
148nutrition and obesity, establishes the Florida Farm Fresh
149Schools Program within the department of Education as the lead
150agency for the program. The program shall comply with the
151regulations of the National School Lunch Program and require:
152     (a)  The department of Education to work with the
153Department of Agriculture and Consumer Services to develop
154policies pertaining to school food services which encourage:
155     1.  School districts to buy fresh and high-quality foods
156grown in this state when feasible.
157     2.  Farmers in this state to sell their products to school
158districts and schools.
159     3.  School districts and schools to demonstrate a
160preference for competitively priced organic food products.
161     (b)  School districts and schools to make reasonable
162efforts to select foods based on a preference for those that
163have maximum nutritional content.
164     (c)  The department of Education, in collaboration with the
165Department of Agriculture and Consumer Services, to provide
166outreach, guidance, and training to school districts, schools,
167school food service directors, parent and teacher organizations,
168and students about the benefits of fresh food products from
169farms in this state.
170     Section 6.  Section 1006.0606, Florida Statutes, is
171renumbered as section 570.982, Florida Statutes, and amended to
172read:
173     570.982 1006.0606  Children's summer nutrition program.-
174     (1)  This section may be cited as the "Ms. Willie Ann Glenn
175Act."
176     (2)  Each district school board shall develop a plan by May
1771, 2006, to sponsor a summer nutrition program beginning the
178summer of 2006 to operate sites in the school district as
179follows:
180     (a)  Within 5 miles of at least one elementary school at
181which 50 percent or more of the students are eligible for free
182or reduced-price school meals and for the duration of 35
183consecutive days; and
184     (b)  Except as operated pursuant to paragraph (a), within
18510 miles of each elementary school at which 50 percent or more
186of the students are eligible for free or reduced-price school
187meals.
188     (3)(a)  A district school board boards may be exempt from
189sponsoring a summer nutrition program pursuant to this section.
190A district school board seeking such exemption must include the
191issue on an agenda at a regular or special district school board
192meeting that is publicly noticed, provide residents an
193opportunity to participate in the discussion, and vote on
194whether to be exempt from this section. The district school
195board shall notify the commissioner of Education within 10 days
196after it decides to become exempt from this section.
197     (b)  Each year the district school board shall reconsider
198its decision to be exempt from the provisions of this section
199and shall vote on whether to continue the exemption from
200sponsoring a summer nutrition program. The district school board
201shall notify the commissioner of Education within 10 days after
202each subsequent year's decision to continue the exemption.
203     (c)  If a district school board elects to be exempt from
204sponsoring a summer nutrition program under this section, the
205district school board may encourage not-for-profit entities to
206sponsor the program. If a not-for-profit entity chooses to
207sponsor the summer nutrition program but fails to perform with
208regard to the program, the district school board, the school
209district, and the department of Education are not required to
210continue the program and shall be held harmless from any
211liability arising from the discontinuation of the summer
212nutrition program.
213     (4)  The superintendent of schools may collaborate with
214municipal and county governmental agencies and private, not-for-
215profit leaders in implementing the plan. Although schools have
216proven to be the optimal site for a summer nutrition program,
217any not-for-profit entity may serve as a site or sponsor. By
218April 15 of each year, each school district with a summer
219nutrition program shall report to the department the district's
220summer nutrition program sites in compliance with this section.
221     (5)  The department shall provide to each district school
222board by February 15 of each year a list of local organizations
223that have filed letters of intent to participate in the summer
224nutrition program in order that a district school board is able
225to determine how many sites are needed to serve the children and
226where to place each site.
227     Section 7.  Section 1010.77, Florida Statutes, is
228renumbered as section 570.983, Florida Statutes, and amended to
229read:
230     570.983 1010.77  Food and Nutrition Services Trust Fund.-
231Chapter 99-37 99-34, Laws of Florida, re-created the Food and
232Nutrition Services Trust Fund to record revenue and
233disbursements of Federal Food and Nutrition funds received by
234the department of Education as authorized in s. 570.981 1006.06.
235     Section 8.  Section 1003.453, Florida Statutes, is amended
236to read:
237     1003.453  School wellness and physical education policies;
238nutrition guidelines.-
239     (1)  By September 1, 2006, Each school district shall
240submit to the Department of Education a copy of its school
241wellness policy as required by the Child Nutrition and WIC
242Reauthorization Act of 2004 and a copy of its physical education
243policy required under s. 1003.455. Each school district shall
244annually review its school wellness policy and physical
245education policy and provide a procedure for public input and
246revisions. In addition, each school district shall send an
247updated copy of its wellness policy and physical education
248policy to the department and to the Department of Agriculture
249and Consumer Services when a change or revision is made.
250     (2)  By December 1, 2006, The department shall post links
251to each school district's school wellness policy and physical
252education policy on its website so that the policies can be
253accessed and reviewed by the public. Each school district shall
254provide the most current versions of its school wellness policy
255and physical education policy on the district's website.
256     (3)  By December 1, 2006, The department must provide on
257its website links to resources that include information
258regarding:
259     (a)  Classroom instruction on the benefits of exercise and
260healthful eating.
261     (b)  Classroom instruction on the health hazards of using
262tobacco and being exposed to tobacco smoke.
263     (c)  The eight components of a coordinated school health
264program, including health education, physical education, health
265services, and nutrition services.
266     (d)  The core measures for school health and wellness, such
267as the School Health Index.
268     (e)  Access for each student to the nutritional content of
269foods and beverages and to healthful food choices in accordance
270with the dietary guidelines of the United States Department of
271Agriculture. This information shall also be accessible from the
272website of the Department of Agriculture and Consumer Services.
273     (f)  Multiple examples of school wellness policies for
274school districts.
275     (g)  Examples of wellness classes that provide nutrition
276education for teachers and school support staff, including
277encouragement to provide classes that are taught by a licensed
278nutrition professional from the school nutrition department.
279     (4)  School districts are encouraged to provide basic
280training in first aid, including cardiopulmonary resuscitation,
281for all students, beginning in grade 6 and every 2 years
282thereafter. Private and public partnerships for providing
283training or necessary funding are encouraged.
284     Section 9.  This act shall take effect July 1, 2011.


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