5P-3.001. Program Participation  


Effective on Thursday, May 2, 2019
  • 1Each organization participating or desiring to participate in the Summer Food Service Program, as defined in Rule 185P-1.001(38), 19F.A.C., must meet the standards established by the United States Department of Agriculture as provided in 352 CFR 200, 387 CFR 15, 4115a, 15b, 437 CFR 225, 46and 477 CFR 250 50all revised as of January 1, 2018, and which are hereby adopted and incorporated by reference and available online at 70https://www.flrules.org/Gateway/reference.asp?No=Ref-10330, 72chapter 595, Florida Statutes, and this rule chapter.

    80(1) Summer Food Service Program Application. Any organization desiring to participate in the Summer Food Service Program must be eligible as required by 1037 CFR 225.14 106and must:

    108(a) Submit to the department a complete application online at https://fans.freshfromflorida.com, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Summer Food Service Program Application”, FDACS-01722 01/19, which is hereby incorporated by reference and available online at 152https://www.flrules.org/Gateway/reference.asp?No=Ref-10332154. For the purposes of this program, a complete application includes:

    1651. All Sponsor Information as requested on the application;

    1742. All Site Information as requested on the application for at least one site; and

    1893. A management plan must be submitted to the department online at https://fans.freshfromflorida.com, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399. The management plan must demonstrate financial capability, administrative capability, and program accountability for program operations and allow the department to determine in which of the three (3) operational tiers, as described in subsection 5P-3.002(2), F.A.C., the organization will be approved based on the information submitted. All information submitted as part of the management plan must be in the name of the organization listed on the application.

    280a. The organization has the financial capability to operate a Summer Food Service Program if it has the financial resources available to pay for fifty (50) percent of expenses as indicated in the Sponsor’s proposed budgets independent of any reimbursement from the department. The department will assess whether the organization has demonstrated financial capability by review of the following information which must be included with the organization’s management plan:

    349(I) Administrative and operational budgets that include projected expenses;

    358(II) Twelve (12) consecutive months of bank statements for the prior year for all cash accounts in the name of the organization;

    380(III) All agreements for loans, lines of credit, revolving credit card accounts, non-cancelable leases, and purchase commitments;

    397(IV) The most recent federal tax filing (e.g., Form 990), unless the organization is exempt from filing as a governmental entity; and

    419(V) One of the following:

    424(A) In consideration for Tier 3, as defined in subsection 5P-3.002(2), F.A.C., complete financial statements, audited by a Certified Public Accountant, for the most recent fiscal year, at a minimum, all of the following: balance sheet, statement of activities, statement of changes in net assets, statement of cash flows, notes to financial statements. From these documents, the following factors will be considered:

    486I. Assets exceeding liabilities (i.e., positive net assets or fund balance);

    497II. All accounts and transactions of the organization are included;

    507III. Debt does not exceed eighty (80) percent of total assets;

    518IV. Current asset/liability ratio of at least 1:1; and

    527V. Transactions for Summer Food Service Program activities are separately identifiable either in the statement of activities or notes to financial statements;

    549(B) In consideration for Tier 2, at a minimum, internally-prepared statements including at least the balance sheet and statement of activities for the most recent fiscal year from which the following factors will be considered:

    584I. Assets exceeding liabilities (i.e., positive net assets or fund balance);

    595II. All accounts and transactions of the organization are included;

    605III. Debt does not exceed eighty (80) percent of total assets; and

    617IV. Current asset/liability ratio of at least 1:1; or

    626(C) In consideration for Tier 1, at a minimum, a trial balance report including at least the balance sheet and statement of activities for the most recent fiscal year from which the following factors will be considered:

    663I. The trial balance balancing zero ($0);

    670II. Assets exceeding liabilities (i.e., positive net assets or fund balance);

    681III. All accounts and transactions of the organization are included;

    691IV. Debt does not exceed eighty (80) percent of total assets; and

    703V. Current asset/liability ratio of at least 1:1.

    711b. The organization has the administrative capability to participate in the Summer Food Service Program if it:

    728(I) Has not been declared Seriously Deficient by the department or terminated from the Summer Food Service Program or any other federal Child Nutrition Program in the previous seven (7) years. However, such an organization may be considered if the department determines that the organization has taken appropriate corrective actions to prevent recurrence of all deficiencies as prescribed in paragraph 7885P-1.004(1)(a), 789F.A.C., and has repaid any outstanding debts owed to federal Child Nutrition Programs; and

    803(II) Has a documented system of internal controls that include, at a minimum, all of the following: policy and procedure manuals, job function narratives, independent oversight for operations and finance, and checks and balances in place for executing procurement contracts and preparing the Claim for Reimbursement, as prescribed in subsection 5P-3.004(4), F.A.C., or will adopt basic benchmark internal control policies as provided by the department at https://fans.freshfromflorida.com; and

    871(III) A written, detailed monitoring plan for conducting and maintaining records for site visits and reviews as required in 8907 CFR 225.15(d)(2)-893(3), previously incorporated in this rule, including a standard internal monitoring documentation form.

    906c. To demonstrate program accountability, the organization’s management plan must provide evidence of how it meets the following criteria:

    925(I) Has oversight of the program by an independent governing board of directors;

    938(II) Provides an ongoing service to the community as evidenced by payroll records or timesheets;

    953(III) Has procedures in place for record keeping of all advances, program expenditures, Claims for Reimbursement; and

    970(IV) Has a written, detailed plan for providing, and maintaining records for, program training, as prescribed in subsection 5P-3.002(1), F.A.C., to all program staff prior to the first operating day of the year or the first operating day of the site to which they are assigned.

    10164. Organizations that are audited on a predetermined, continual cycle with the Florida Auditor General and participate in the National School Lunch Program 1039are exempt from the requirements in subparagraph (1)(a)3. of this rule, unless 1051the Sponsor is declared Seriously Deficient, as described in paragraph 10615P-1.004(1)(a), 1062F.A.C., in the year prior to the current year.

    1071(b) Complete the Summer Food Service Program training with eighty (80) percent accuracy or higher prior to being approved for participation.

    10921. This training requirement is applicable for operation of Summer Food Service Program at any time of the year in an area with a continuous school calendar.

    11192. The department waives this training requirement for operation of the Summer Food Service Program during unanticipated school closures during the period from October through April.

    1145(2) Non-Profit Food Service Account. Sponsors must establish and maintain a financial system for accurately identifying program funds, to include:

    1165(a) A separate bank account for Summer Food Service Program funds where all income and expenses must be for the benefit of the Summer Food Service Program; or

    1193(b) The use of accounting codes to indicate what income and expenses are for the benefit of the Summer Food Service Program if the account is used for any purpose outside of the program.

    1227(3) Advance Payments. Advance payments on Claims for Reimbursement will be available for June, July, and August of each year, pursuant to 12497 CFR 225.9(c), 1252previously incorporated in this rule.

    1257(4) Application Deadlines. Application deadlines for participation in the Summer Food Service Program are as follows:

    1273(a) Applications are due February 15 1279and must be approved by March 14 for all organizations requesting an advance for the month of June.

    1297(b) Applications are due March 15 and must be approved by April 14 for all organizations requesting an advance for July.

    1318(c) Applications are due April 15 and must be approved by May 14 for all remaining organizations.

    1335(d) Applications submitted after April 15 will be denied and organizations may apply again the following year.

    1352(5) Pre-approval Site Visits. In accordance with 13597 CFR 225.7(d)(1), 1362previously incorporated in this rule, the department will conduct a pre-approval site visit for all organizations and their sites, which did not operate the program in the year prior to the current year, to assess Summer Food Service Program compliance and to verify information provided in the application using the form entitled “Summer Food Service Program State Pre-Approval Site Visit”, FDACS-01735 Rev. 06/18, which is hereby incorporated by reference and available online at 1435https://www.flrules.org/Gateway/reference.asp?No=Ref-103331437.

    1438(a) If program compliance is confirmed during a pre-approval site visit, the organization will be approved to operate the Summer Food Service Program at that site.

    1464(b) If program compliance is not confirmed during a pre-approval site visit, the department will allow the organization to make necessary changes, for that site, identified on form ‘Summer Food Service Program State Pre-Approval Site Visit’, FDACS-01735 Rev. 06/18, and request a technical assistance visit to follow-up on the changes made to bring the organization into compliance. If applicable deadlines have already lapsed for the current year, the 1532organization 1533cannot operate the Summer Food Service Program at the site.

    15431. If program compliance is confirmed during the technical assistance visit, the organization will be approved to operate the Summer Food Service Program at the site.

    15692. If program compliance is not confirmed during the technical assistance visit, the organization cannot operate the Summer Food Service Program at the site.

    1593(6) Seriously Deficient Sponsors. Seriously Deficient Sponsors are Sponsors that were declared Seriously Deficient pursuant to paragraph 16105P-1.004(1)(a), 1611F.A.C. In accordance with 16157 CFR 225.6(c)(2), 1618previously incorporated in this rule, Sponsors reapplying for participation in the Summer Food Service Program that were declared Seriously Deficient in the year prior to the current year, must be eligible as required by 16527 CFR 225.14(b), 1655previously incorporated in this rule, and this rule chapter.

    1664(7) Ineligible Sponsors. Sponsors that owe money to the department from previous fiscal action taken are not eligible to participate in the program.

    1687(8) Transfer of Sites Between Sponsors. Sites may request to transfer to a different Sponsor if:

    1703(a) A written request to transfer and justification is provided to the department online at https://fans.freshfromflorida.com, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399 and to the Sponsor under which the Site is currently operating at least seven (7) calendar days before the anticipated date of transfer.

    1754(b) The written request to transfer must include:

    17621. The current Sponsor’s name;

    17672. The requested new Sponsor’s name, and

    17743. The justification for the request to transfer. The justification must demonstrate good cause beyond the Site’s control for why the Site is requesting to be transferred. Good cause includes:

    1804a. The population served will expand;

    1810b. The quality of meal service will improve; or

    1819c. The effectiveness of site operation will improve.

    1827(c) If a Site experiences, at a minimum, two consecutive days where meals are not delivered by the Sponsor, or can document inconsistent deliveries, the Site is exempt from the time requirement in paragraph (a) of this subsection.

    1865(9) Site Eligibility. Pursuant to 18707 CFR 225.2, 1873previously incorporated in this rule, to be eligible to participate in the Summer Food Service Program, an organization must be non-profit, which is defined as being tax exempt under section 501(a) of the Internal Revenue Code of 1986.

    1911(a) The department will approve sites which are identified as for-profit locations if the sites meet all the following criteria:

    19311. The sites must be operated under an eligible public or private non-profit Sponsor;

    19452. The sites must operate as Open sites or Restricted Open sites;

    19573. The sites must be located in an area in which at least 50 percent of the children are from households that are eligible for free or reduced priced school meals;

    19884. The sites must make meals available to all children in the area and must serve meals to children on a first come, first served basis; and

    20155. The sites must serve all meals at no charge.

    2025(b) The Sponsor must submit to the department online at https://fans.freshfromflorida.com, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, a signed “Summer Nutrition Programs For-Profit Certificate” FDACS-01839 Rev. 06/18, which is hereby incorporated by reference and available online at 2068https://www.flrules.org/Gateway/reference.asp?No=Ref-10334, 2070prior to the first operating day of each site identified as for-profit.

    2082(10) Agreement. Each Sponsor approved to participate in the Summer Food Service Program must enter into a written agreement with the department, using the form entitled “Child Nutrition Programs Agreement”, FDACS-01716 Rev. 06/18, incorporated in rule 5P-2.002, F.A.C.

    2120(11) Emergency Meal Service. In the event of an unanticipated school closure during the school year, the department will provide an expedited approval for Sponsors that are also School Districts, as defined in section 2154595.402(5), F.S., 2156with current agreements to operate the Summer Food Service Program, if the Sponsor has previously indicated its intent to provide such emergency meals.

    2179(a) This intent to serve emergency meals must be provided in writing as an attachment to the Sponsor’s application to participate in the Summer Food Service Program and contain a list of the sites that would be activated to serve emergency meals.

    2221(b) In the event a School District is unable to provide an Emergency Meal Service, the department will solicit the remaining Sponsors of the Summer Food Service Program for the county in which the non-participating School District resides, and responses with be considered on a first come, first served basis, in the following order:

    22751. Sponsors operating the Tier 3 who have not been declared Seriously Deficient in the current year and the year prior to the current year;

    23002. Sponsors operating the Tier 2 who have not been declared Seriously Deficient in the current year and the year prior to the current year; then

    23263. Sponsors operating the Tier 1 who have not been declared Seriously Deficient in the current year and the year prior to the current year.

    2351(12) Terminated Sponsors. Sponsors that have been terminated from the Summer Food Service Program and are applying again to participate must be eligible as required by 23777 CFR 225.14(b), 2380previously incorporated in this rule, and this rule chapter, and must submit an application pursuant to paragraph 5P-3.001(1)(a), F.A.C., including a management plan using the criteria in sub-subparagraphs 5P-3.001(1)(a)3.a. through c., F.A.C.

    2412Rulemaking Authority 2414570.07(23), 2415595.404(4), 2416595.404(10) FS. 2418Law Implemented 2420595.404 FS. 2422History–New 5-2-19.