Florida 2025 Regular Session

Florida House Bill H0119 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to a universal free school breakfast 2
1616 and lunch program; amending s. 595.402, F.S.; defining 3
1717 and redefining terms; amending s. 595.405, F.S.; 4
1818 requiring the Department of Agriculture and Consumer 5
1919 Services, subject to the appropriation of funds by the 6
2020 Legislature, to establish and operate a program to 7
2121 provide universal free school breakfast and lunch 8
2222 meals to all public school students; specifying 9
2323 requirements for school districts; deleting provisions 10
2424 requiring school districts to implement and charge 11
2525 students for a breakfast program; deleting provisions 12
2626 requiring only certain school districts to implement a 13
2727 universal free school breakfast program and 14
2828 encouraging districts to provide free breakfast meals; 15
2929 revising the information that school districts are 16
3030 required to provide to parents regarding the 17
3131 availability of certain school meals, to conform to 18
3232 changes made by the act; authorizing school distr icts 19
3333 to operate free school meal programs using offsite 20
3434 food preparation locations; amending s. 595.404, F.S.; 21
3535 conforming a cross-reference; providing an effective 22
3636 date. 23
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3838 Be It Enacted by the Legislature of the State of Florida: 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 26
5252 Section 1. Section 595.402, Florida Statutes, is amended 27
5353 to read: 28
5454 595.402 Definitions. —As used in this chapter, the term: 29
5555 (1) "Commissioner" means the Commissioner of Agriculture. 30
5656 (2) "Community eligibility provision" means the federal 31
5757 program created in 42 U.S.C. s. 1759a(a)(1)(F) which allows a 32
5858 school district to choose to receive federal special assistance 33
5959 payments for school meals in exchange for providing free school 34
6060 meals to all students enrolled in all or selected schools of the 35
6161 school district, if such agencies comply with specified 36
6262 requirements. 37
6363 (3) "Department" means the Department of Agriculture and 38
6464 Consumer Services. 39
6565 (4) "Eligible breakfast and lunch meals" means meals 40
6666 served at breakfast and lunch which meet the nutritional 41
6767 requirements specified in the National School Breakfast Program 42
6868 and 7 C.F.R. s. 210.10, respectively. 43
6969 (5) "National School Breakfast Program" means the federal 44
7070 school breakfast program created in 42 U.S.C. s. 1773, which is 45
7171 administered by the department. 46
7272 (6) "National School Lunc h Program" means the federal 47
7373 school lunch program created in the Richard B. Russell National 48
7474 School Lunch Act. 49
7575 (7)(3) "Program" means any one or more of the school food 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 and nutrition service programs that the department has 51
8989 responsibility over including, but not limited to, the National 52
9090 School Lunch Program, the Special Milk Program, the National 53
9191 School Breakfast Program, the Summer Food Service Program, the 54
9292 Fresh Fruit and Vegetable Program, and any other program that 55
9393 relates to school nutrition. 56
9494 (4) "School breakfast program" means a program authorized 57
9595 by s. 4 of the Child Nutrition Act of 1966, as amended, and 58
9696 administered by the department. 59
9797 (8)(5) "School district" means any of the 67 county school 60
9898 districts, including the respective district schoo l board. 61
9999 (9) "Special assistance alternative" means a special 62
100100 nutrition assistance alternative federal reimbursement method 63
101101 authorized by the United States Department of Agriculture 64
102102 pursuant to 42 U.S.C. s. 1759a and 7 C.F.R. part 245, for 65
103103 eligible schools that serve free meals to all enrolled students. 66
104104 The term includes the community eligibility provision. 67
105105 (10)(6) "Sponsor" means any entity that is conducting a 68
106106 program under a current agreement with the department. 69
107107 (11)(7) "Summer nutrition program" means one or more of 70
108108 the programs authorized under 42 U.S.C. s. 1761. 71
109109 (12)(8) "Universal school breakfast and lunch program" 72
110110 means a program that makes breakfast and lunch available at no 73
111111 cost to all students , regardless of their household income. 74
112112 Section 2. Section 595.405, Florida Statutes, is amended 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 to read: 76
126126 595.405 Universal free school breakfast and lunch program 77
127127 School nutrition program requirements .— 78
128128 (1) Each district school board shall consider the 79
129129 recommendations of the district school superintendent and adopt 80
130130 policies to provide for an appropriate food and nutrition 81
131131 program for students consistent with federal law , this section, 82
132132 and department rule rules. 83
133133 (2) Subject to the appropriation of funds by the 84
134134 Legislature, the department shall establish and operate a 85
135135 universal school breakfast and lunch program for all public 86
136136 school students in grades K -12. Each district school board shall 87
137137 implement a universal school breakfast and lunch program that 88
138138 offers eligible breakfast and lunch meals, free of charge, 89
139139 school breakfast programs that make breakfast meals available to 90
140140 all students in each school that serves any combination of 91
141141 grades K-12. In implementing the universal school breakfast and 92
142142 lunch program, each sch ool district shall do all of the 93
143143 following: 94
144144 (a) Participate in the National School Breakfast Program 95
145145 and the National School Lunch Program. 96
146146 (b) Provide eligible breakfast and lunch meals at no cost 97
147147 to all public school students in grades K -12 within any school 98
148148 breakfast program or school lunch program operated by the school 99
149149 district. 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 (c) Submit to the department for reimbursement, in a 101
163163 manner determined by the department, information regarding the 102
164164 number of eligible breakfast and lunch meals that each school 103
165165 within the district served to students. 104
166166 (d) Maximize access to federal funds for the cost of the 105
167167 National School Breakfast Program and National School Lunch 106
168168 Program by participating in the community eligibility provision 107
169169 or another special assist ance alternative, if eligible, and 108
170170 operate the National School Breakfast Program and the National 109
171171 School Lunch Program in a way that the department determines 110
172172 qualifies for the greatest possible federal funding for eligible 111
173173 breakfast and lunch meals served in the National School 112
174174 Breakfast Program and the National School Lunch Program 113
175175 kindergarten through 5 . 114
176176 (3) Each district school board must annually set prices 115
177177 for breakfast meals at rates that, combined with federal 116
178178 reimbursements and state allocations, are sufficient to defray 117
179179 costs of school breakfast programs without requiring allocations 118
180180 from the district's operating funds, except if the district 119
181181 school board approves lower rates. 120
182182 (4) To increase student participation in the universal 121
183183 school breakfast and lunch program, each school district 122
184184 operating a breakfast program shall: 123
185185 (a) Make a breakfast meal available to if a student who 124
186186 arrives at school on the school bus less than 15 minutes before 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 the first bell rings and shall allow the student at least 15 126
200200 minutes to eat the breakfast. 127
201201 (5) Each district school board is encouraged to provide 128
202202 universal, free school breakfast meals to all students in each 129
203203 elementary, middle, and high school. A universal school 130
204204 breakfast program shall be implemen ted in each school in which 131
205205 80 percent or more of the students are eligible for free or 132
206206 reduced-price meals, unless the district school board, after 133
207207 considering public testimony at two or more regularly scheduled 134
208208 board meetings, decides not to implement su ch a program in such 135
209209 schools. 136
210210 (b)(6) To increase school breakfast and universal school 137
211211 breakfast program participation, each district school board 138
212212 must, To the maximum extent practicable, make breakfast meals 139
213213 available to students through alternative ser vice models as 140
214214 described in publications of the Food and Nutrition Service of 141
215215 the United States Department of Agriculture for the federal 142
216216 School Breakfast Program. 143
217217 (4)(7) Each district school board shall , through school 144
218218 announcements and notices, annually provide to all parents 145
219219 information prepared by the district's food service 146
220220 administration regarding the availability of free available 147
221221 school meals breakfast programs. The information shall be 148
222222 communicated through school announcements and notices sent to 149
223223 all parents. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 (5)(8) A district school board may operate its free school 151
237237 meal a breakfast program providing for food preparation at the 152
238238 school site or in central locations with distribution to 153
239239 designated satellite schools, or any combination thereof. 154
240240 Section 3. Subsection (14) of section 595.404, Florida 155
241241 Statutes, is amended to read: 156
242242 595.404 School food and other nutrition programs; powers 157
243243 and duties of the department. —The department has the following 158
244244 powers and duties: 159
245245 (14) To collect data on foo d purchased through the 160
246246 programs defined and described in ss. 595.402(7) ss. 595.402(3) 161
247247 and 595.406 and to publish that data annually. 162
248248 Section 4. This act shall take effect July 1, 2025. 163