Florida Statutes 595.404 – School food and other nutrition programs; powers and duties of the department
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Terms Used In Florida Statutes 595.404
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 595.402
- Program: means any one or more of the school food and nutrition service programs that the department has responsibility over including, but not limited to, the National School Lunch Program, the Special Milk Program, the School Breakfast Program, the Summer Food Service Program, the Fresh Fruit and Vegetable Program, and any other program that relates to school nutrition. See Florida Statutes 595.402
- Sponsor: means any entity that is conducting a program under a current agreement with the department. See Florida Statutes 595.402
- Summer nutrition program: means one or more of the programs authorized under Florida Statutes 595.402
The department has the following powers and duties:
(1) To conduct, supervise, and administer the program that will be carried out using federal or state funds, or funds from any other source.
(2) To conduct, supervise, and administer a farmers’ market nutrition program to provide participants in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) with locally grown fruits and vegetables that will be carried out using federal or state funds, or funds from any other source.
(3) To fully cooperate with the United States Government and its agencies and instrumentalities so that the department may receive the benefit of all federal financial allotments and assistance possible to carry out the purposes of this chapter.
(4) To implement and adopt by rule, as required, federal regulations.
(5) To act as agent of, or contract with, the Federal Government, another state agency, any county or municipal government, or sponsor for the administration of the program, including the distribution of funds provided by the Federal Government to support the program.
(6) To provide a “severe need school” the highest rate of reimbursement to which it is entitled under 42 U.S.C. § 1773 for each breakfast meal served.
(7) To develop and propose legislation necessary to implement the program, encourage the development of innovative school food and nutrition services, and expand participation in the program.
(8) To annually allocate among the sponsors, as applicable, funds provided from the school breakfast supplement in the General Appropriations Act based on each district’s total number of free and reduced-price breakfast meals served.
(9) To employ such persons as are necessary to perform its duties under this chapter.
(10) To adopt rules covering the administration, operation, and enforcement of the program and the farmers’ market nutrition program, as well as to implement the provisions of this chapter.
(11) To adopt and implement an appeal process by rule, as required by federal regulations, for applicants and participants under the programs implemented pursuant to this chapter, notwithstanding ss. 120.569 and 120.57–120.595.
(12) To assist, train, and review each sponsor in its implementation of the program.
(13) To advance funds from the program’s annual appropriation to a summer nutrition program sponsor, when requested, in order to implement the provisions of this chapter and in accordance with federal regulations.
(14) To collect data on food purchased through the programs defined and described in ss. 595.402(3) and 595.406 and to publish that data annually.
(15) To enter into agreements with federal or state agencies to coordinate and cooperate in the implementation of nutrition programs.
(16) To adopt and implement an exemption, waiver, and variance process by rule, as required by federal regulations, for sponsors under the programs implemented pursuant to this chapter, notwithstanding s. 120.542.