Florida Senate - 2021                                    SB 1720
       By Senator Torres
       15-01816-21                                           20211720__
    1                        A bill to be entitled                      
    2         An act relating to school meals; amending s. 595.405,
    3         F.S.; revising provisions relating to school nutrition
    4         program requirements; requiring district school boards
    5         that participate in the National School Lunch Program
    6         to provide meals to a student regardless of his or her
    7         ability to pay or whether he or she has any unpaid
    8         meal charges; prohibiting certain students from being
    9         required to destroy or dispose of a meal based on any
   10         unpaid meal charges; providing an exception; requiring
   11         district school boards to adopt policies regarding
   12         unpaid meal charges; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 595.405, Florida Statutes, is amended to
   17  read:
   18         595.405 School nutrition program requirements.—
   19         (1) Each district school board shall consider the
   20  recommendations of the district school superintendent and adopt
   21  policies to provide for an appropriate food and nutrition
   22  program for students consistent with federal law and department
   23  rules.
   24         (2) Each district school board is encouraged to provide
   25  universal, free school breakfast meals to all students in each
   26  elementary, middle, and high school.
   27         (a) Each district school board shall implement school
   28  breakfast programs that make breakfast meals available to all
   29  students in each school that serves any combination of grades
   30  kindergarten through 5.
   31         (b)(3) Each district school board must annually set prices
   32  for breakfast meals at rates that, combined with federal
   33  reimbursements and state allocations, are sufficient to defray
   34  costs of school breakfast programs without requiring allocations
   35  from the district’s operating funds, except if the district
   36  school board approves lower rates.
   37         (c)(4) Each school operating a breakfast program shall make
   38  a breakfast meal available if a student arrives at school on the
   39  school bus less than 15 minutes before the first bell rings and
   40  shall allow the student at least 15 minutes to eat the
   41  breakfast.
   42         (d)(5)Each district school board is encouraged to provide
   43  universal, free school breakfast meals to all students in each
   44  elementary, middle, and high school. A universal school
   45  breakfast program shall be implemented in each school in which
   46  80 percent or more of the students are eligible for free or
   47  reduced-price meals, unless the district school board, after
   48  considering public testimony at two or more regularly scheduled
   49  board meetings, decides not to implement such a program in such
   50  schools.
   51         (e)(6) To increase school breakfast and universal school
   52  breakfast program participation, each district school board
   53  must, to the maximum extent practicable, make breakfast meals
   54  available to students through alternative service models as
   55  described in publications of the Food and Nutrition Service of
   56  the United States Department of Agriculture for the federal
   57  School Breakfast Program.
   58         (f)(7) Each district school board shall annually provide
   59  information prepared by the district’s food service
   60  administration regarding available school breakfast programs.
   61  The information shall be communicated through school
   62  announcements and notices sent to all parents.
   63         (g)(8) A district school board may operate a breakfast
   64  program providing for food preparation at the school site or in
   65  central locations with distribution to designated satellite
   66  schools, or any combination thereof.
   67         (3)A district school board that participates in the
   68  National School Lunch Program must:
   69         (a)Provide a meal under the program to any student who
   70  requests one, regardless of his or her ability to pay or whether
   71  he or she has any unpaid meal charges.
   72         1.A student who is provided a meal under this paragraph
   73  may not be required to destroy or otherwise dispose of the meal
   74  because he or she has unpaid meal charges.
   75         2.This paragraph does not apply if the parent or guardian
   76  of a student has given written permission to the school district
   77  to withhold a meal from the student.
   78         (b)Adopt policies for unpaid meal charges that include:
   79         1.Requirements that protect students with unpaid meal
   80  charges from being publicly identified or stigmatized because of
   81  such charges.
   82         2.Procedures for a student who has $10 or more in unpaid
   83  meal charges which require:
   84         a.A determination as to whether the student may qualify
   85  for a free or reduced-price meal without an application.
   86         b.That at least two attempts are made to contact the
   87  parent or guardian about completing an application for free or
   88  reduced-price meals which include the offer of assistance with
   89  the application.
   90         Section 2. This act shall take effect July 1, 2021.