CS/CS/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; requiring the Department of Education, in
34consultation with the Department of Agriculture and
35Consumer Services, to develop and submit a request for a
36waiver to the United States Department of Agriculture to
37transfer administration of the school food service and
38nutrition programs; requiring notification relating to the
39outcome of the request for a waiver; providing for
40contingent effect based upon federal approval of a request
41for a waiver; providing effective dates.
42
43Be It Enacted by the Legislature of the State of Florida:
44
45     Section 1.  This act may be cited as the "Healthy Schools
46for Healthy Lives Act."
47     Section 2.  The Food and Nutrition Services Trust Fund,
48FLAIR number 48-2-2315, in the Department of Education is
49transferred to the Department of Agriculture and Consumer
50Services, FLAIR number 42-2-2315.
51     Section 3.  All powers, duties, functions, records,
52personnel, property, pending issues and existing contracts,
53administrative authority, administrative rules, and unexpended
54balances of appropriations, allocations, and other funds for the
55administration of the school food service and nutrition programs
56are transferred by a type two transfer, as defined in s.
5720.06(2), Florida Statutes, from the Department of Education to
58the Department of Agriculture and Consumer Services.
59     Section 4.  Section 570.98, Florida Statutes, is created to
60read:
61     570.98  School food service and nutrition programs.-
62     (1)  The department shall conduct, supervise, and
63administer all school food service and nutrition programs that
64are carried out using federal funds, state funds, or funds from
65any other source.
66     (2)  The department shall cooperate fully with the Federal
67Government and its agencies and instrumentalities so that the
68department may receive the benefit of all federal financial
69allotments and assistance possible to carry out the purposes of
70ss. 570.98-570.983.
71     (3)  The department may act as agent of, or contract with,
72the Federal Government, another state agency, or any county or
73municipal government for the administration of the school food
74service and nutrition programs, including the distribution of
75funds provided by the Federal Government to support the school
76food service and nutrition programs.
77     Section 5.  Section 1006.06, Florida Statutes, is
78renumbered as section 570.981, Florida Statutes, and amended to
79read:
80     570.981 1006.06  School food service programs.-
81     (1)  In recognition of the demonstrated relationship
82between good nutrition and the capacity of students to develop
83and learn, it is the policy of the state to provide standards
84for school food service and to require district school boards to
85establish and maintain an appropriate private school food
86service program consistent with the nutritional needs of
87students.
88     (2)  The department State Board of Education shall adopt
89rules covering the administration and operation of the school
90food service programs.
91     (3)  Each district school board shall consider the
92recommendations of the district school superintendent and adopt
93policies to provide for an appropriate food and nutrition
94program for students consistent with federal law and department
95State Board of Education rule.
96     (4)  The state shall provide the state National School
97Lunch Act matching requirements. The funds provided shall be
98distributed in such a manner as to comply with the requirements
99of the National School Lunch Act.
100     (5)(a)  Each district school board shall implement school
101breakfast programs that make breakfast meals available to all
102students in each elementary school. By the beginning of the
1032010-2011 school year, Universal school breakfast programs shall
104be offered in schools in which 80 percent or more of the
105students are eligible for free or reduced-price meals. Each
106school shall, to the maximum extent practicable, make breakfast
107meals available to students at an alternative site location,
108which may include, but need not be limited to, alternative
109breakfast options as described in publications of the Food and
110Nutrition Service of the United States Department of Agriculture
111for the federal School Breakfast Program.
112     (b)  Beginning with the 2009-2010 school year, Each school
113district must annually set prices for breakfast meals at rates
114that, combined with federal reimbursements and state
115allocations, are sufficient to defray costs of school breakfast
116programs without requiring allocations from the district's
117operating funds, except if the district school board approves
118lower rates.
119     (c)  Each district school board is encouraged to provide
120universal-free school breakfast meals to all students in each
121elementary, middle, and high school. By the beginning of the
1222010-2011 school year, Each district school board shall approve
123or disapprove a policy, after receiving public testimony
124concerning the proposed policy at two or more regular meetings,
125which makes universal-free school breakfast meals available to
126all students in each elementary, middle, and high school in
127which 80 percent or more of the students are eligible for free
128or reduced-price meals.
129     (d)  Beginning with the 2009-2010 school year, Each
130elementary, middle, and high school shall make a breakfast meal
131available if a student arrives at school on the school bus less
132than 15 minutes before the first bell rings and shall allow the
133student at least 15 minutes to eat the breakfast.
134     (e)  Each school district shall annually provide to all
135students in each elementary, middle, and high school information
136prepared by the district's food service administration regarding
137its school breakfast programs. The information shall be
138communicated through school announcements and written notice
139sent to all parents.
140     (f)  A district school board may operate a breakfast
141program providing for food preparation at the school site or in
142central locations with distribution to designated satellite
143schools or any combination thereof.
144     (g)  The commissioner shall make every reasonable effort to
145ensure that any school designated as a "severe need school"
146receives the highest rate of reimbursement to which it is
147entitled under 42 U.S.C. s. 1773 for each breakfast meal served.
148     (h)  The department shall annually allocate among the
149school districts funds provided from the school breakfast
150supplement in the General Appropriations Act based on each
151district's total number of free and reduced-price breakfast
152meals served.
153     (6)  The Legislature, recognizing that school children need
154nutritious food not only for healthy physical and intellectual
155development but also to combat diseases related to poor
156nutrition and obesity, establishes the Florida Farm Fresh
157Schools Program within the department of Education as the lead
158agency for the program. The program shall comply with the
159regulations of the National School Lunch Program and require:
160     (a)  The department of Education to work with the
161Department of Agriculture and Consumer Services to develop
162policies pertaining to school food services which encourage:
163     1.  School districts to buy fresh and high-quality foods
164grown in this state when feasible.
165     2.  Farmers in this state to sell their products to school
166districts and schools.
167     3.  School districts and schools to demonstrate a
168preference for competitively priced organic food products.
169     (b)  School districts and schools to make reasonable
170efforts to select foods based on a preference for those that
171have maximum nutritional content.
172     (c)  The department of Education, in collaboration with the
173Department of Agriculture and Consumer Services, to provide
174outreach, guidance, and training to school districts, schools,
175school food service directors, parent and teacher organizations,
176and students about the benefits of fresh food products from
177farms in this state.
178     Section 6.  Section 1006.0606, Florida Statutes, is
179renumbered as section 570.982, Florida Statutes, and amended to
180read:
181     570.982 1006.0606  Children's summer nutrition program.-
182     (1)  This section may be cited as the "Ms. Willie Ann Glenn
183Act."
184     (2)  Each district school board shall develop a plan by May
1851, 2006, to sponsor a summer nutrition program beginning the
186summer of 2006 to operate sites in the school district as
187follows:
188     (a)  Within 5 miles of at least one elementary school at
189which 50 percent or more of the students are eligible for free
190or reduced-price school meals and for the duration of 35
191consecutive days; and
192     (b)  Except as operated pursuant to paragraph (a), within
19310 miles of each elementary school at which 50 percent or more
194of the students are eligible for free or reduced-price school
195meals.
196     (3)(a)  A district school board boards may be exempt from
197sponsoring a summer nutrition program pursuant to this section.
198A district school board seeking such exemption must include the
199issue on an agenda at a regular or special district school board
200meeting that is publicly noticed, provide residents an
201opportunity to participate in the discussion, and vote on
202whether to be exempt from this section. The district school
203board shall notify the commissioner of Education within 10 days
204after it decides to become exempt from this section.
205     (b)  Each year the district school board shall reconsider
206its decision to be exempt from the provisions of this section
207and shall vote on whether to continue the exemption from
208sponsoring a summer nutrition program. The district school board
209shall notify the commissioner of Education within 10 days after
210each subsequent year's decision to continue the exemption.
211     (c)  If a district school board elects to be exempt from
212sponsoring a summer nutrition program under this section, the
213district school board may encourage not-for-profit entities to
214sponsor the program. If a not-for-profit entity chooses to
215sponsor the summer nutrition program but fails to perform with
216regard to the program, the district school board, the school
217district, and the department of Education are not required to
218continue the program and shall be held harmless from any
219liability arising from the discontinuation of the summer
220nutrition program.
221     (4)  The superintendent of schools may collaborate with
222municipal and county governmental agencies and private, not-for-
223profit leaders in implementing the plan. Although schools have
224proven to be the optimal site for a summer nutrition program,
225any not-for-profit entity may serve as a site or sponsor. By
226April 15 of each year, each school district with a summer
227nutrition program shall report to the department the district's
228summer nutrition program sites in compliance with this section.
229     (5)  The department shall provide to each district school
230board by February 15 of each year a list of local organizations
231that have filed letters of intent to participate in the summer
232nutrition program in order that a district school board is able
233to determine how many sites are needed to serve the children and
234where to place each site.
235     Section 7.  Section 1010.77, Florida Statutes, is
236renumbered as section 570.983, Florida Statutes, and amended to
237read:
238     570.983 1010.77  Food and Nutrition Services Trust Fund.-
239Chapter 99-37 99-34, Laws of Florida, re-created the Food and
240Nutrition Services Trust Fund to record revenue and
241disbursements of Federal Food and Nutrition funds received by
242the department of Education as authorized in s. 570.981 1006.06.
243     Section 8.  Section 1003.453, Florida Statutes, is amended
244to read:
245     1003.453  School wellness and physical education policies;
246nutrition guidelines.-
247     (1)  By September 1, 2006, Each school district shall
248submit to the Department of Education a copy of its school
249wellness policy as required by the Child Nutrition and WIC
250Reauthorization Act of 2004 and a copy of its physical education
251policy required under s. 1003.455. Each school district shall
252annually review its school wellness policy and physical
253education policy and provide a procedure for public input and
254revisions. In addition, each school district shall send an
255updated copy of its wellness policy and physical education
256policy to the department and to the Department of Agriculture
257and Consumer Services when a change or revision is made.
258     (2)  By December 1, 2006, The department shall post links
259to each school district's school wellness policy and physical
260education policy on its website so that the policies can be
261accessed and reviewed by the public. Each school district shall
262provide the most current versions of its school wellness policy
263and physical education policy on the district's website.
264     (3)  By December 1, 2006, The department must provide on
265its website links to resources that include information
266regarding:
267     (a)  Classroom instruction on the benefits of exercise and
268healthful eating.
269     (b)  Classroom instruction on the health hazards of using
270tobacco and being exposed to tobacco smoke.
271     (c)  The eight components of a coordinated school health
272program, including health education, physical education, health
273services, and nutrition services.
274     (d)  The core measures for school health and wellness, such
275as the School Health Index.
276     (e)  Access for each student to the nutritional content of
277foods and beverages and to healthful food choices in accordance
278with the dietary guidelines of the United States Department of
279Agriculture. This information shall also be accessible from the
280website of the Department of Agriculture and Consumer Services.
281     (f)  Multiple examples of school wellness policies for
282school districts.
283     (g)  Examples of wellness classes that provide nutrition
284education for teachers and school support staff, including
285encouragement to provide classes that are taught by a licensed
286nutrition professional from the school nutrition department.
287     (4)  School districts are encouraged to provide basic
288training in first aid, including cardiopulmonary resuscitation,
289for all students, beginning in grade 6 and every 2 years
290thereafter. Private and public partnerships for providing
291training or necessary funding are encouraged.
292     Section 9.  This section shall take effect upon this act
293becoming a law and, within 30 days thereafter, the Department of
294Education, in consultation with the Department of Agriculture
295and Consumer Services, shall develop and submit to the United
296States Department of Agriculture a request for a waiver required
297to transfer administration of the school food service and
298nutrition programs from the Department of Education to the
299Department of Agriculture and Consumer Services. Upon receipt of
300the United States Department of Agriculture's approval or denial
301of the request for a waiver, the Department of Education shall
302immediately notify the President of the Senate, the Speaker of
303the House of Representatives, and the Governor, in writing, of
304the United States Department of Agriculture's decision. The
305notification shall include a copy of the United States
306Department of Agriculture's approval or denial of the request
307for a waiver.
308     Section 10.  Except as otherwise expressly provided in this
309act and except for this section, which shall take effect upon
310this act becoming a law, this act shall take effect January 1,
3112012, if the United States Department of Agriculture approves
312the request for a waiver, pursuant to section 9 of this act, on
313or before November 1, 2011.


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