| 1 | A bill to be entitled | 
| 2 | An act relating to school food service and nutrition | 
| 3 | programs; providing a short title; transferring the Food | 
| 4 | and Nutrition Services Trust Fund in the Department of | 
| 5 | Education to the Department of Agriculture and Consumer | 
| 6 | Services; transferring and reassigning functions and | 
| 7 | responsibilities, including records, personnel, property, | 
| 8 | and unexpended balances of appropriations and other | 
| 9 | resources for the administration of the school food | 
| 10 | service and nutrition programs from the Department of | 
| 11 | Education to the Department of Agriculture and Consumer | 
| 12 | Services; creating s. 570.98, F.S.; requiring the | 
| 13 | Department of Agriculture and Consumer Services to | 
| 14 | conduct, supervise, and administer all school food service | 
| 15 | and nutrition programs; requiring the department to | 
| 16 | cooperate fully with the Federal Government; authorizing | 
| 17 | the department to act as agent of, or contract with, the | 
| 18 | Federal Government, other state agencies, or any county or | 
| 19 | municipal government for the administration of the school | 
| 20 | food service and nutrition programs; renumbering and | 
| 21 | amending ss. 1006.06, 1006.0606, and 1010.77, F.S., | 
| 22 | relating to school food service programs, the children's | 
| 23 | summer nutrition program, and the Food and Nutrition | 
| 24 | Services Trust Fund, respectively; conforming provisions | 
| 25 | to changes made by the act; deleting obsolete provisions; | 
| 26 | correcting a cross-reference; amending s. 1003.453, F.S.; | 
| 27 | requiring each school district to send an updated copy of | 
| 28 | its wellness policy and physical education policy to the | 
| 29 | Department of Education and the Department of Agriculture | 
| 30 | and Consumer Services; deleting obsolete provisions; | 
| 31 | requiring certain information to be accessible from the | 
| 32 | website of the Department of Agriculture and Consumer | 
| 33 | Services; providing an effective date. | 
| 34 | 
 | 
| 35 | Be It Enacted by the Legislature of the State of Florida: | 
| 36 | 
 | 
| 37 | Section 1.  This act may be cited as the "Healthy Schools | 
| 38 | for Healthy Lives Act." | 
| 39 | Section 2.  The Food and Nutrition Services Trust Fund, | 
| 40 | FLAIR number 48-2-2315, in the Department of Education is | 
| 41 | transferred to the Department of Agriculture and Consumer | 
| 42 | Services, FLAIR number 42-2-2315. | 
| 43 | Section 3.  All powers, duties, functions, records, | 
| 44 | personnel, property, pending issues and existing contracts, | 
| 45 | administrative authority, administrative rules, and unexpended | 
| 46 | balances of appropriations, allocations, and other funds for the | 
| 47 | administration of the school food service and nutrition programs | 
| 48 | are transferred by a type two transfer, as defined in s. | 
| 49 | 20.06(2), Florida Statutes, from the Department of Education to | 
| 50 | the Department of Agriculture and Consumer Services. | 
| 51 | Section 4.  Section 570.98, Florida Statutes, is created to | 
| 52 | read: | 
| 53 | 570.98  School food service and nutrition programs.- | 
| 54 | (1)  The department shall conduct, supervise, and | 
| 55 | administer all school food service and nutrition programs that | 
| 56 | are carried out using federal funds, state funds, or funds from | 
| 57 | any other source. | 
| 58 | (2)  The department shall cooperate fully with the Federal | 
| 59 | Government and its agencies and instrumentalities so that the | 
| 60 | department may receive the benefit of all federal financial | 
| 61 | allotments and assistance possible to carry out the purposes of | 
| 62 | ss. 570.98-570.983. | 
| 63 | (3)  The department may act as agent of, or contract with, | 
| 64 | the Federal Government, another state agency, or any county or | 
| 65 | municipal government for the administration of the school food | 
| 66 | service and nutrition programs, including the distribution of | 
| 67 | funds provided by the Federal Government to support the school | 
| 68 | food service and nutrition programs. | 
| 69 | Section 5.  Section 1006.06, Florida Statutes, is | 
| 70 | renumbered as section 570.981, Florida Statutes, and amended to | 
| 71 | read: | 
| 72 | 570.981 1006.06School food service programs.- | 
| 73 | (1)  In recognition of the demonstrated relationship | 
| 74 | between good nutrition and the capacity of students to develop | 
| 75 | and learn, it is the policy of the state to provide standards | 
| 76 | for school food service and to require district school boards to | 
| 77 | establish and maintain an appropriate private school food | 
| 78 | service program consistent with the nutritional needs of | 
| 79 | students. | 
| 80 | (2)  The department State Board of Educationshall adopt | 
| 81 | rules covering the administration and operation of the school | 
| 82 | food service programs. | 
| 83 | (3)  Each district school board shall consider the | 
| 84 | recommendations of the district school superintendent and adopt | 
| 85 | policies to provide for an appropriate food and nutrition | 
| 86 | program for students consistent with federal law and department | 
| 87 | State Board of Educationrule. | 
| 88 | (4)  The state shall provide the state National School | 
| 89 | Lunch Act matching requirements. The funds provided shall be | 
| 90 | distributed in such a manner as to comply with the requirements | 
| 91 | of the National School Lunch Act. | 
| 92 | (5)(a)  Each district school board shall implement school | 
| 93 | breakfast programs that make breakfast meals available to all | 
| 94 | students in each elementary school. By the beginning of the  | 
| 95 | 2010-2011 school year,Universal school breakfast programs shall | 
| 96 | be offered in schools in which 80 percent or more of the | 
| 97 | students are eligible for free or reduced-price meals. Each | 
| 98 | school shall, to the maximum extent practicable, make breakfast | 
| 99 | meals available to students at an alternative site location, | 
| 100 | which may include, but need not be limited to, alternative | 
| 101 | breakfast options as described in publications of the Food and | 
| 102 | Nutrition Service of the United States Department of Agriculture | 
| 103 | for the federal School Breakfast Program. | 
| 104 | (b) Beginning with the 2009-2010 school year,Each school | 
| 105 | district must annually set prices for breakfast meals at rates | 
| 106 | that, combined with federal reimbursements and state | 
| 107 | allocations, are sufficient to defray costs of school breakfast | 
| 108 | programs without requiring allocations from the district's | 
| 109 | operating funds, except if the district school board approves | 
| 110 | lower rates. | 
| 111 | (c)  Each district school board is encouraged to provide | 
| 112 | universal-free school breakfast meals to all students in each | 
| 113 | elementary, middle, and high school. By the beginning of the  | 
| 114 | 2010-2011 school year,Each district school board shall approve | 
| 115 | or disapprove a policy, after receiving public testimony | 
| 116 | concerning the proposed policy at two or more regular meetings, | 
| 117 | which makes universal-free school breakfast meals available to | 
| 118 | all students in each elementary, middle, and high school in | 
| 119 | which 80 percent or more of the students are eligible for free | 
| 120 | or reduced-price meals. | 
| 121 | (d) Beginning with the 2009-2010 school year,Each | 
| 122 | elementary, middle, and high school shall make a breakfast meal | 
| 123 | available if a student arrives at school on the school bus less | 
| 124 | than 15 minutes before the first bell rings and shall allow the | 
| 125 | student at least 15 minutes to eat the breakfast. | 
| 126 | (e)  Each school district shall annually provide to all | 
| 127 | students in each elementary, middle, and high school information | 
| 128 | prepared by the district's food service administration regarding | 
| 129 | its school breakfast programs. The information shall be | 
| 130 | communicated through school announcements and written notice | 
| 131 | sent to all parents. | 
| 132 | (f)  A district school board may operate a breakfast | 
| 133 | program providing for food preparation at the school site or in | 
| 134 | central locations with distribution to designated satellite | 
| 135 | schools or any combination thereof. | 
| 136 | (g)  The commissioner shall make every reasonable effort to | 
| 137 | ensure that any school designated as a "severe need school" | 
| 138 | receives the highest rate of reimbursement to which it is | 
| 139 | entitled under 42 U.S.C. s. 1773 for each breakfast meal served. | 
| 140 | (h)  The department shall annually allocate among the | 
| 141 | school districts funds provided from the school breakfast | 
| 142 | supplement in the General Appropriations Act based on each | 
| 143 | district's total number of free and reduced-price breakfast | 
| 144 | meals served. | 
| 145 | (6)  The Legislature, recognizing that school children need | 
| 146 | nutritious food not only for healthy physical and intellectual | 
| 147 | development but also to combat diseases related to poor | 
| 148 | nutrition and obesity, establishes the Florida Farm Fresh | 
| 149 | Schools Program within the department of Education as the lead  | 
| 150 | agency for the program. The program shall comply with the | 
| 151 | regulations of the National School Lunch Program and require: | 
| 152 | (a)  The department of Education to work with the  | 
| 153 | Department of Agriculture and Consumer Servicesto develop | 
| 154 | policies pertaining to school food services which encourage: | 
| 155 | 1.  School districts to buy fresh and high-quality foods | 
| 156 | grown in this state when feasible. | 
| 157 | 2.  Farmers in this state to sell their products to school | 
| 158 | districts and schools. | 
| 159 | 3.  School districts and schools to demonstrate a | 
| 160 | preference for competitively priced organic food products. | 
| 161 | (b)  School districts and schools to make reasonable | 
| 162 | efforts to select foods based on a preference for those that | 
| 163 | have maximum nutritional content. | 
| 164 | (c)  The department of Education, in collaboration with the  | 
| 165 | Department of Agriculture and Consumer Services,to provide | 
| 166 | outreach, guidance, and training to school districts, schools, | 
| 167 | school food service directors, parent and teacher organizations, | 
| 168 | and students about the benefits of fresh food products from | 
| 169 | farms in this state. | 
| 170 | Section 6.  Section 1006.0606, Florida Statutes, is | 
| 171 | renumbered as section 570.982, Florida Statutes, and amended to | 
| 172 | read: | 
| 173 | 570.982 1006.0606Children's summer nutrition program.- | 
| 174 | (1)  This section may be cited as the "Ms. Willie Ann Glenn | 
| 175 | Act." | 
| 176 | (2)  Each district school board shall develop a plan by May  | 
| 177 | 1, 2006,to sponsor a summer nutrition programbeginning the  | 
| 178 | summer of 2006to operate sites in the school district as | 
| 179 | follows: | 
| 180 | (a)  Within 5 miles of at least one elementary school at | 
| 181 | which 50 percent or more of the students are eligible for free | 
| 182 | or reduced-price school meals and for the duration of 35 | 
| 183 | consecutive days; and | 
| 184 | (b)  Except as operated pursuant to paragraph (a), within | 
| 185 | 10 miles of each elementary school at which 50 percent or more | 
| 186 | of the students are eligible for free or reduced-price school | 
| 187 | meals. | 
| 188 | (3)(a)  A district school board boardsmay be exempt from | 
| 189 | sponsoring a summer nutrition program pursuant to this section. | 
| 190 | A district school board seeking such exemption must include the | 
| 191 | issue on an agenda at a regular or special district school board | 
| 192 | meeting that is publicly noticed, provide residents an | 
| 193 | opportunity to participate in the discussion, and vote on | 
| 194 | whether to be exempt from this section. The district school | 
| 195 | board shall notify the commissioner of Educationwithin 10 days | 
| 196 | after it decides to become exempt from this section. | 
| 197 | (b)  Each year the district school board shall reconsider | 
| 198 | its decision to be exempt from the provisions of this section | 
| 199 | and shall vote on whether to continue the exemption from | 
| 200 | sponsoring a summer nutrition program. The district school board | 
| 201 | shall notify the commissioner of Educationwithin 10 days after | 
| 202 | each subsequent year's decision to continue the exemption. | 
| 203 | (c)  If a district school board elects to be exempt from | 
| 204 | sponsoring a summer nutrition program under this section, the | 
| 205 | district school board may encourage not-for-profit entities to | 
| 206 | sponsor the program. If a not-for-profit entity chooses to | 
| 207 | sponsor the summer nutrition program but fails to perform with | 
| 208 | regard to the program, the district school board, the school | 
| 209 | district, and the department of Educationare not required to | 
| 210 | continue the program and shall be held harmless from any | 
| 211 | liability arising from the discontinuation of the summer | 
| 212 | nutrition program. | 
| 213 | (4)  The superintendent of schools may collaborate with | 
| 214 | municipal and county governmental agencies and private, not-for- | 
| 215 | profit leaders in implementing the plan. Although schools have | 
| 216 | proven to be the optimal site for a summer nutrition program, | 
| 217 | any not-for-profit entity may serve as a site or sponsor. By | 
| 218 | April 15 of each year, each school district with a summer | 
| 219 | nutrition program shall report to the department the district's | 
| 220 | summer nutrition program sites in compliance with this section. | 
| 221 | (5)  The department shall provide to each district school | 
| 222 | board by February 15 of each year a list of local organizations | 
| 223 | that have filed letters of intent to participate in the summer | 
| 224 | nutrition program in order that a district school board is able | 
| 225 | to determine how many sites are needed to serve the children and | 
| 226 | where to place each site. | 
| 227 | Section 7.  Section 1010.77, Florida Statutes, is | 
| 228 | renumbered as section 570.983, Florida Statutes, and amended to | 
| 229 | read: | 
| 230 | 570.983 1010.77Food and Nutrition Services Trust Fund.- | 
| 231 | Chapter 99-37 99-34, Laws of Florida, re-created the Food and | 
| 232 | Nutrition Services Trust Fund to record revenue and | 
| 233 | disbursements of Federal Food and Nutrition funds received by | 
| 234 | the department of Educationas authorized in s. 570.9811006.06. | 
| 235 | Section 8.  Section 1003.453, Florida Statutes, is amended | 
| 236 | to read: | 
| 237 | 1003.453  School wellness and physical education policies; | 
| 238 | nutrition guidelines.- | 
| 239 | (1) By September 1, 2006,Each school district shall | 
| 240 | submit to the Department of Education a copy of its school | 
| 241 | wellness policy as required by the Child Nutrition and WIC | 
| 242 | Reauthorization Act of 2004 and a copy of its physical education | 
| 243 | policy required under s. 1003.455. Each school district shall | 
| 244 | annually review its school wellness policy and physical | 
| 245 | education policy and provide a procedure for public input and | 
| 246 | revisions. In addition, each school district shall send an | 
| 247 | updated copy of its wellness policy and physical education | 
| 248 | policy to the department and to the Department of Agriculture | 
| 249 | and Consumer Services when a change or revision is made. | 
| 250 | (2) By December 1, 2006,The department shall post links | 
| 251 | to each school district's school wellness policy and physical | 
| 252 | education policy on its website so that the policies can be | 
| 253 | accessed and reviewed by the public. Each school district shall | 
| 254 | provide the most current versions of its school wellness policy | 
| 255 | and physical education policy on the district's website. | 
| 256 | (3) By December 1, 2006,The department must provide on | 
| 257 | its website links to resources that include information | 
| 258 | regarding: | 
| 259 | (a)  Classroom instruction on the benefits of exercise and | 
| 260 | healthful eating. | 
| 261 | (b)  Classroom instruction on the health hazards of using | 
| 262 | tobacco and being exposed to tobacco smoke. | 
| 263 | (c)  The eight components of a coordinated school health | 
| 264 | program, including health education, physical education, health | 
| 265 | services, and nutrition services. | 
| 266 | (d)  The core measures for school health and wellness, such | 
| 267 | as the School Health Index. | 
| 268 | (e)  Access for each student to the nutritional content of | 
| 269 | foods and beverages and to healthful food choices in accordance | 
| 270 | with the dietary guidelines of the United States Department of | 
| 271 | Agriculture. This information shall also be accessible from the | 
| 272 | website of the Department of Agriculture and Consumer Services. | 
| 273 | (f)  Multiple examples of school wellness policies for | 
| 274 | school districts. | 
| 275 | (g)  Examples of wellness classes that provide nutrition | 
| 276 | education for teachers and school support staff, including | 
| 277 | encouragement to provide classes that are taught by a licensed | 
| 278 | nutrition professional from the school nutrition department. | 
| 279 | (4)  School districts are encouraged to provide basic | 
| 280 | training in first aid, including cardiopulmonary resuscitation, | 
| 281 | for all students, beginning in grade 6 and every 2 years | 
| 282 | thereafter. Private and public partnerships for providing | 
| 283 | training or necessary funding are encouraged. | 
| 284 | Section 9.  This act shall take effect July 1, 2011. |