June 21, 2018
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Chapter 228
Public Education: General Provisions
View Entire Chapter
Section 228.195, Florida Statutes 2001

228.195  School food service programs.--

(1)  DECLARATION OF PURPOSE.--In recognition of the demonstrated relationship between good nutrition and the capacity of children to develop and learn, it is declared to be the policy of the state to safeguard the health and well-being of Florida children by providing standards for school food service and by requiring school districts to establish and maintain an appropriate nonprofit school food service program consistent with the nutritional needs of children.

(2)  STATE RESPONSIBILITY.--The Commissioner of Education shall prescribe rules and standards covering all phases of the administration and operation of the school food service programs.

(3)  SCHOOL DISTRICT RESPONSIBILITY.--Each district school board shall consider the recommendations of the district superintendent and adopt policies to provide for an appropriate food and nutrition program for children consistent with regulations and standards prescribed by the commissioner.

(4)  STATE SUPPORT.--The state shall provide the state National School Lunch Act matching requirements. The funds provided shall be distributed in such a manner as to comply with the requirements for state matching under the National School Lunch Act.


(a)  Each school district shall implement school breakfast programs in all elementary schools. Breakfast programs shall make breakfast available to all students in kindergarten through grade 6 in each district school, unless the elementary school goes only through grade 5, in which case the requirement shall apply only through grade 5. Each school district shall implement breakfast programs in all elementary schools in which students are eligible for free and reduced price lunch meals, to the extent specifically funded in the General Appropriations Act. A school district may operate a breakfast program providing for food preparation at the school site or in central locations with distribution to designated satellite schools or any combination thereof.

(b)1.  The commissioner shall make every reasonable effort to ensure that any school designated a "severe need school" receives the highest rate of reimbursement to which it is entitled pursuant to 42 U.S.C. s. 1773 for each free and reduced price breakfast served.

2.  The Department of Education shall calculate and distribute a school district breakfast supplement for each school year. The breakfast supplement shall be calculated by multiplying the state breakfast rate as specified in the General Appropriations Act by the number of free and reduced price breakfast meals served.

3.  The Legislature shall provide sufficient funds in the General Appropriations Act to reimburse participating school districts for the difference between the average federal reimbursement for free and reduced price breakfasts and the average statewide cost for breakfasts.

History.--ss. 1, 2, 3, 4, ch. 72-316; s. 1, ch. 79-354; s. 1, ch. 89-221; s. 2, ch. 90-172; s. 44, ch. 90-288; s. 80, ch. 97-190; s. 10, ch. 2001-61.

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