THE BILL ITSELF
SB 1098
Universal Free School Breakfast and Lunch Program
Florida Senate - 2026 SB 1098 By Senator Jones 34-00227-26 20261098__
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A bill to be entitled
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An act relating to a universal free school breakfast
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and lunch program; amending s. 595.402, F.S.; defining
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and redefining terms; amending s. 595.405, F.S.;
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requiring the Department of Agriculture and Consumer
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Services, subject to the appropriation of funds by the
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Legislature, to establish and operate a program to
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provide universal free school breakfast and lunch
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meals to all public school students; specifying
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requirements for school districts; deleting provisions
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requiring school districts to implement and charge
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students for a breakfast program; deleting provisions
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requiring only certain school districts to implement a
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universal free school breakfast program and
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encouraging districts to provide free breakfast meals;
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revising the information that school districts are
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required to provide to parents regarding the
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availability of certain school meals to conform to
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changes made by the act; authorizing school districts
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to operate free school meal programs using offsite
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food preparation locations; amending s. 595.404, F.S.;
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conforming a cross-reference; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 595.402, Florida Statutes, is amended to
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read:
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595.402 Definitions.—As used in this chapter, the term:
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(1) “Commissioner” means the Commissioner of Agriculture.
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(2) “Community eligibility provision” means the federal
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program created in 42 U.S.C. s. 1759a(a)(1)(F) which allows a
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school district to choose to receive federal special assistance
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payments for school meals in exchange for providing free school
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meals to all students enrolled in all or selected schools of the
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school district, if such districts comply with specified
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requirements.
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(3) “Department” means the Department of Agriculture and
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Consumer Services.
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(4) “Eligible breakfast and lunch meals” means meals served
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at breakfast and lunch which meet the nutritional requirements
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specified in the National School Breakfast Program and 7 C.F.R.
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s. 210.10, respectively.
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(5) “National School Breakfast Program” means the federal
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school breakfast program created in 42 U.S.C. s. 1773, which is
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administered by the department.
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(6) “National School Lunch Program” means the federal
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school lunch program created in the Richard B. Russell National
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School Lunch Act.
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(7) (3) “Program” means any one or more of the school food
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and nutrition service programs that the department has
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responsibility over including, but not limited to, the National
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School Lunch Program, the Special Milk Program, the National
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School Breakfast Program, the Summer Food Service Program, the
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Fresh Fruit and Vegetable Program, and any other program that
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relates to school nutrition.
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(4) “School breakfast program” means a program authorized
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by s. 4 of the Child Nutrition Act of 1966, as amended, and
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administered by the department.
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(8) (5) “School district” means any of the 67 county school
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districts, including the respective district school board.
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(9) “Special assistance alternative” means a special
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nutrition assistance alternative federal reimbursement method
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authorized by the United States Department of Agriculture
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pursuant to 42 U.S.C. s. 1759a and 7 C.F.R. part 245, for
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eligible schools that serve free meals to all enrolled students.
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The term includes the community eligibility provision.
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(10) (6) “Sponsor” means any entity that is conducting a
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program under a current agreement with the department.
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(11) (7) “Summer nutrition program” means any one or more of
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the programs authorized under 42 U.S.C. s. 1761.
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(12) (8) “Universal school breakfast and lunch program”
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means a program that makes breakfast and lunch available at no
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cost to all students , regardless of their household income.
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Section 2. Section 595.405, Florida Statutes, is amended to
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read:
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595.405 Universal free school breakfast and lunch program
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School nutrition program requirements .—
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(1) Each district school board shall consider the
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recommendations of the district school superintendent and adopt
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policies to provide for an appropriate food and nutrition
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program for students consistent with federal law , this section,
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and department rule rules .
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(2) Subject to the appropriation of funds by the
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Legislature, the department shall establish and operate a
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universal school breakfast and lunch program for all public
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school students in grades K-12. Each district school board shall
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implement a universal school breakfast and lunch program that
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offers eligible breakfast and lunch meals, free of charge,
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school breakfast programs that make breakfast meals available to
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all students in each school that serves any combination of
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grades K-12. In implementing the universal school breakfast and
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lunch program, each school district shall do all of the
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following:
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(a) Participate in the National School Breakfast Program
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and the National School Lunch Program.
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(b) Provide eligible breakfast and lunch meals at no cost
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to all public school students in grades K-12 within any school
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breakfast program or school lunch program operated by the school
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district.
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(c) Submit to the department for reimbursement, in a manner
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determined by the department, information regarding the number
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of eligible breakfast and lunch meals that each school within
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the district served to students.
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(d) Maximize access to federal funds for the cost of the
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National School Breakfast Program and National School Lunch
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Program by participating in the community eligibility provision
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or another special assistance alternative, if eligible, and
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operate the National School Breakfast Program and the National
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School Lunch Program in a manner that the department determines
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qualifies for the greatest possible federal funding for eligible
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breakfast and lunch meals served in the National School
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Breakfast Program and the National School Lunch Program
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kindergarten through 5 .
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(3) Each district school board must annually set prices for
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breakfast meals at rates that, combined with federal
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reimbursements and state allocations, are sufficient to defray
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costs of school breakfast programs without requiring allocations
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from the district’s operating funds, except if the district
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school board approves lower rates.
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(4) To increase student participation in the universal
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school breakfast and lunch program, each school district
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operating a breakfast program shall :
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(a) Make a breakfast meal available to if a student who
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arrives at school on the school bus less than 15 minutes before
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the first bell rings and shall allow the student at least 15
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minutes to eat the breakfast.
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(5) Each district school board is encouraged to provide
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universal, free school breakfast meals to all students in each
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elementary, middle, and high school. A universal school
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breakfast program shall be implemented in each school in which
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80 percent or more of the students are eligible for free or
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reduced-price meals, unless the district school board, after
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considering public testimony at two or more regularly scheduled
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board meetings, decides not to implement such a program in such
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schools.
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(b) (6) To increase school breakfast and universal school
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breakfast program participation, each district school board
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must, To the maximum extent practicable, make breakfast meals
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available to students through alternative service models as
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described in publications of the Food and Nutrition Service of
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the United States Department of Agriculture for the federal
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School Breakfast Program.
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(4) (7) Each district school board shall , through school
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announcements and notices, annually provide to all parents
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information prepared by the district’s food service
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administration regarding the availability of free available
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school meals breakfast programs . The information shall be
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communicated through school announcements and notices sent to
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all parents.
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(5) (8) A district school board may operate its free school
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meal a breakfast program providing for food preparation at the
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school site or in central locations with distribution to
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designated satellite schools, or any combination thereof.
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Section 3. Subsection (14) of section 595.404, Florida
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Statutes, is amended to read:
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595.404 School food and other nutrition programs; powers
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and duties of the department.—The department has the following
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powers and duties:
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(14) To collect data on food purchased through the programs
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defined and described in ss. 595.402(7) ss. 595.402(3) and
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595.406 and to publish that data annually.
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Section 4. This act shall take effect July 1, 2026.