Fla. Stat. § 595.404 — Florida Code / Title XXXV / Chapter 595 / Section 595.404
595.404 School food and other nutrition programs; powers and duties of the department.
Status: in_force

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. s. 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. 120.569-120.595 and 120.68.

(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.

History: s. 4, ch. 2011-217; s. 31, ch. 2013-226; s. 36, ch. 2016-61; s. 29, ch. 2023-154; s. 69, ch. 2025-22.