Florida Statute 595.408 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 595
SCHOOL FOOD AND NUTRITION SERVICES

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595.408 Food distribution services; department responsibilities and functions.—

(1)(a) The department shall conduct, supervise, and administer all food distribution services that will be carried on using federal or state funds, or funds from any other source, or food received and distributed from the United States or any of its agencies.

(b) The department shall determine the benefits each applicant or recipient of assistance is entitled to receive under this chapter, provided that each applicant or recipient is a resident of this state and a citizen of the United States or is an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.

(2) The department shall cooperate fully 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.

(3) The department may:

(a) Accept any duties with respect to food distribution services as are delegated to it by an agency of the Federal Government or any state, county, or municipal government.

(b) Act as agent of, or contract with, the Federal Government, state government, or any county or municipal government in the administration of food distribution services to secure the benefits of any public assistance that is available from the Federal Government or any of its agencies, and in the distribution of funds received from the Federal Government, state government, or any county or municipal government for food distribution services within the state.

(4) This chapter does not limit, abrogate, or abridge the powers and duties of any other state agency.

History.—s. 54, ch. 92-58; s. 4, ch. 93-169; s. 35, ch. 2013-226; s. 40, ch. 2016-61.

Note.—Former s. 570.072.

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Amendments to 595.408

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Cases Citing Statute 595.408

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United States v. Al-Arian, 308 F. Supp. 2d 1322 (M.D. Fla. 2004).

Cited 14 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 4227, 2004 WL 516571

....." 31 C.F.R. § 595.204 (footnotes added). The regulations interpret this prohibition to include charitable contributions or "donation[s] of funds, goods, services, or technology to relieve human suffering, such as food, clothing, or medicine." Id. § 595.408(a)....

...For example, the regulations make clear that there is no liability for a charitable contribution if the contribution is made "without knowledge or reason to know that the donation or contribution is destined to or for the benefit of a[SDT] ...." Id. § 595.408(b)....

...[SDT], including the making or receiving of any contribution of funds, goods, or services [36] to or for the benefit of a[SDT] ...." 31 C.F.R. § 595.204 (footnote added). The regulations further interpret this prohibition as including some charitable contributions. See id. § 595.408....

...ransgressions both civilly and criminally. Second, the regulations themselves contain an exception for charitable contributions, if the contribution is made without knowledge or reason to know that it was made to or for the benefit of a SDT. See id. § 595.408(b)....

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