This chapter provides rules governing the administration and operation of School Nutrition Programs and adopts applicable federal regulations.

 

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food, Nutrition and Wellness

RULE NOS:RULE TITLES:

5P-2.001Program Participation

5P-2.002Program Responsibilities

5P-2.003Procurement Standards

5P-2.004Reimbursement Process

5P-2.005Administrative Reviews

5P-2.006Fiscal Action

5P-2.007Professional Standards

5P-2.008Waiver Requests

5P-2.009Emergency Meals

5P-2.010Civil Rights Compliance and Enforcement

PURPOSE AND EFFECT: This chapter provides rules governing the administration and operation of School Nutrition Programs and adopts applicable federal regulations.

SUMMARY: The proposed rules in Chapter 5P-2 regulate School Nutrition Programs administered by the Division and establish eligibility criteria, further identify and clarify program responsibilities, set procurement standards, present requirements for reimbursement, specify the Administrative Review process and the process for determining any necessary fiscal action, establish professional standards, outline the waiver request process, transfer emergency meals administration requirements to Rule 5P-3.001, and provide civil rights compliance and enforcement requirements. The proposed rules adopt applicable federal regulations and are specific to Florida’s practices that are not covered in the Code of Federal Regulations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: A SERC has not been prepared by the agency.  The Agency has determined that this rule will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. There are no costs associated with the establishment of this rule as participation in the programs are voluntary. The Agency has also determined that the proposed rule is not expected to require legislative ratification. 

Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 570.07(23); 595.404(4); 595.404(5); 595.404(10); 595.404(11) F.S.

LAW IMPLEMENTED: 595.404; 595.501, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Nedra Harrington, 600 S. Calhoun Street, Suite 120 (H2), Tallahassee, FL 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5P-2.001 Program Participation.

Each School Food Authority, as defined in 7 CFR 210.2, participating in or applying to participate in a School Nutrition Program, as defined in subsection 5P-1.001(1), F.A.C., and each participating Sponsor, must meet the applicable standards established by the United States Department of Agriculture as provided in 2 CFR 200, 7 CFR 15, 15a, 15b, 16, 7 CFR 210, 7 CFR 220, 7 CFR 245 and 7 CFR 250, all revised as of January 1, 2022, and which are hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail], chapter 595, Florida Statutes, and this rule chapter. A School Food Authority participating in the Summer Food Service Program, as defined in Rule 5P-1.001, F.A.C., must also comply with the standards provided in 7 CFR 225 as incorporated in Rule 5P-3.001, F.A.C.

(1) School Nutrition Program Application. An official of a School Food Authority must submit to the Department a complete application online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “School Nutrition Programs Application”, FDACS-01951 Rev. 04/22, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail].

(a) For the purposes of the School Nutrition Programs, a complete application must provide all the information requested on the application form, and the Sponsor must ensure any changes to that information is provided to the Department, including:

1. School Food Authority Information;

2. A listing of Sponsor Officials;

3. Policy Information;

4. Residential Child Care Institution Information as applicable;

5. Procurement Procedures;

6. Civil Rights Information;

7. School Information for at least one school and school information for any additional schools to be submitted to the Department for approval any time prior to program operation; and

8. A certification statement signed by an official of the School Food Authority.

(b) Applications to participate in the School Nutrition Programs cover the period of July 1 through June 30, annually. The Department recommends School Food Authorities who submit applications between March 1 and June 30 consider applying for the following school year.

(c) If a School Food Authority did not participate in the School Nutrition Programs in the year prior to the current year, the School Food Authority must complete the School Nutrition Program training offered by the Department with eighty (80) percent accuracy or higher prior to being considered for approval for participation. The Department will provide technical assistance to a School Food Authority that fails to meet the eighty (80) percent accuracy threshold. Opportunities to complete the School Nutrition Program training will be offered year-round.

(2) Eligibility. Eligibility to participate in the School Nutrition Programs will be determined annually through the application process as provided by law for each program.

(a) Any school in which a School Food Authority desires to operate a School Nutrition Program must meet the definition of “school” as defined in 7 CFR 210.2, and as further defined in FNS Instruction 776-7, Rev. 1, Form FNS-620 (10/81), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail]. 

(b) A School Food Authority may not operate a School Nutrition Program in a school that is governed by a different local educational agency unless a contractual agreement exists between the School Food Authority and the local educational agency and has been approved in writing by the United States Department of Agriculture, Food and Nutrition Services.

(c) For the purposes of this rule, a public or private nonprofit authority has been legally constituted to perform a service function for schools if it is an educational service agency as defined in 20 U.S.C. § 7801(18) or a consortium of those agencies or it is a regional consortium service organization as defined in section 1001.451, F.S. 

(d) For the purposes of the School Nutrition Programs, nonprofit private schools participating in or applying to participate in the School Nutrition Programs must be exempt from income tax under section 501(c)(3) of the Internal Revenue Code of 1986 as required by 7 CFR 210.2.

1. A nonprofit private school claiming exempt status through affiliation with a church or religious organization that is not required to make application to the Internal Revenue Service for recognition of its status to be tax-exempt must:

a. Provide to the Department a group exemption letter from the Internal Revenue Service that demonstrates its relationship to the church or religious organization pursuant to Revenue Procedure 80-27, 1980-1 C.B. 677, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail]; or

b. Establish that it is affiliated by providing documentation to the Department that demonstrates the school is operated, supervised, or controlled by or in connection with the church, a convention or association of churches, or religious organization as defined in 26 CFR 1.509(a)-4, revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail]; or

c. Provide information to the Department demonstrating that it is otherwise affiliated with the church or religious organization based upon relevant facts and circumstances as specified in 26 CFR 1.6033-2(h)(3), revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail].

2. A nonprofit private school claiming exempt status as a unit affiliated with and under the general supervision or control of another tax-exempt organization must also provide to the Department a group exemption letter from the Internal Revenue Service that demonstrates its relationship to the tax-exempt organization pursuant to Revenue Procedure 80-27, 1980-1 C.B. 677.

(3) Afterschool Snack Program. School Food Authorities are eligible to participate in the Afterschool Snack Program if they are a current Sponsor in a School Nutrition Program.

(4) Agreement. Each School Food Authority approved to participate in the School Nutrition Program must enter into a written agreement with the Department, using the form entitled “Child Nutrition Programs Agreement”, incorporated in Rule 5P-1.004, F.A.C.

(5) Non-Profit School Food Service Account. School Food Authorities must establish and maintain a financial management system that accounts for all revenues and expenditures of their nonprofit school food service in accordance with 7 CFR 210.19(a)(1), to include:

(a) A separate financial institution account for School Nutrition Program funds where all income and expenses must be for the benefit of the School Nutrition Programs; or

(b) The use of balance sheet account numbers and fund and expenditure account numbers for organizations subject to the Financial and Program Cost Accounting and Reporting for Florida Schools (2021) Manual, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail], to indicate what income and expenses are for the benefit of the School Nutrition Program if the account is used for other Child Nutrition Programs as defined in Rule 5P-1.001(3), F.A.C.

(6) Delinquent Sponsors. Sponsors that have outstanding debt owed to the Department for a previous fiscal action and have not agreed upon a satisfactory repayment schedule with the Department are not eligible to participate in the School Nutrition Programs and will be declared Seriously Deficient and terminated from the School Nutrition Program in accordance with Rules 5P-2.006(3)(d), F.A.C., and 5P-1.004(1)(a), F.A.C., as applicable. While terminated, Sponsors and its principals, including their board members, corporate officials and the officials identified on the Sponsor’s application in the Florida Automated Nutrition System at the time of the conduct leading to the termination, shall not participate in any Child Nutrition or Food Distribution Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

(7) Seriously Deficient Sponsors. Sponsors that were declared Seriously Deficient pursuant to paragraph 5P-1.004(1)(a), F.A.C. in the year prior to the current year must meet all eligibility requirements in this rule chapter, and must submit an application pursuant to paragraph 5P-2.001(1)(b), F.A.C.

(8) Terminated Sponsors. Sponsors that have been terminated from a School Nutrition Program must meet all eligibility requirements in this rule chapter and submit an application pursuant to paragraph 5P-2.001(1)(b), F.A.C. to participate in School Nutrition Programs after the termination expires. While terminated, Sponsors and its principals, including their board members and corporate officials, and the officials identified on the Sponsor application in the Florida Automated Nutrition System at the time of the conduct leading to the termination shall not participate in any Child Nutrition or Food Distribution Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), 595.404(11) FS. Law Implemented 595.404 FS. History-New_____.

 

5P-2.002 Program Responsibilities.

(1) Meal Service Times. School Nutrition Program lunches must be served in accordance with the timing requirements specified in 7 CFR 210.10(l)(1), incorporated in Rule 5P-2.001, F.A.C. Schools must offer breakfasts meeting the requirements of 7 CFR 220.8(l)(1), incorporated in Rule 5P-2.001, F.A.C., at or near the beginning of the school day. Schools must provide sufficient meal periods that are long enough to give all students time to be served and to eat their meals. The Department of Agriculture and Consumer Services shall have the following responsibilities:

(a) To require that all Child Nutrition Programs for which federal reimbursement is granted shall meet at least the minimum standards established by the United States Department of Agriculture as provided in 2 CFR 200 and 7 CFR 15, 15a, 15b, 210, 215, 220, 225, 226, 240, 245, 250 and 252, all revised as of January 1, 2018, which are hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?no=Ref-09513.

(b) To require that all Child Nutrition Programs meet at least the minimum standards established by Chapter 595, F.S., under Division 5P, F.A.C.

(c) To distribute the required state matching in such a manner as to comply with the provisions for state matching under the National School Lunch Act, as amended. The annual state matching allocation shall be distributed by computing the district’s percentage share of total federal revenue received times the state general revenue matching allocation. The federal revenue includes Sections 4 and 11 of the National School Lunch Act and Sections 4 and 5 of the Child Nutrition Act of 1966, as amended, for two (2) fiscal years prior to the current fiscal year. The state matching allocation shall be distributed to Sponsors in equal amounts quarterly.

(2) Break Out Meal Service. Sponsors must obtain prior approval from the Department to serve lunch to children ages 1 through 4 over two service periods. To obtain approval from the Department, a Sponsor must submit a request in writing online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Request to Break Out Meal Service”, FDACS-01950 12/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail]. Requests must be received by the Department at least fourteen (14) calendar days prior to the requested date the two service periods are to take effect. The Department will approve a Sponsor to serve lunch to children ages 1 through 4 over two service periods upon receipt of a completed form providing the information requested therein. Each School Nutrition Programs Sponsor shall have the following responsibilities:

(a) To provide the necessary food service programs to meet nutritional needs of students during the school day. These food service programs shall be appropriately scheduled and shall include as a minimum a reimbursable lunch and if desired, a reimbursable breakfast, both priced as a unit. Supplemental foods which make a nutritional contribution to these meals may also be provided.

(b) To adopt policies covering all phases of the School Nutrition Program.

(c) To control the sale of food and beverage items in competition with the School Nutrition Program in accordance with 7 CFR 210.11, previously incorporated in paragraph (1)(a) of this rule. Competitive food and beverage items sold to students during the school day must meet the nutrition standards for competitive food as defined and required in 7 CFR 210.11. Unless being sold by the School Nutrition Program, it is impermissible for any competitive food item sold to students during the school day to consist of ready-to-eat combination foods of meat or meat alternate, as defined in 7 CFR 210.10, previously incorporated in paragraph (1)(a) of this rule, and grain products as defined in 7 CFR 210.11. Each Sponsor is permitted to grant a special exemption from the standards for competitive foods as specified above for the purpose of conducting infrequent school-sponsored fundraisers, not to exceed the following maximum number of school days per school campus each school year:

School Type	Maximum Number of School Days To Conduct Exempted Fundraisers
Elementary Schools	5 days
Middle School/Junior High Schools	10 days
Senior High Schools	15 days
Combination Schools	10 days
Elementary Schools: Schools providing regular or other instruction at one or more grade levels from PK through grade 5. This category includes schools serving grade 6 if also serving one or more grades PK through 5 (e.g., a K-6 school).   Middle/Junior High Schools: Schools providing regular or other instruction in middle school configurations (grades 6-8) and junior high school configurations (grades 7-9). This category also includes schools serving a single grade in the 6-8 range (e.g., a 6th grade center).   Senior High Schools: Schools providing regular or other instruction at one or more grade levels from 9 to 12. This classification includes 9th grade centers.   Combination Schools: Schools providing regular or other instruction in grade groupings that include more than one of the categories described above (e.g., PK-8, 6-12, K-12, etc.).

Each Sponsor shall maintain records documenting the occurrence of any exempted school-sponsored fundraisers to demonstrate compliance with this rule. No school-sponsored fundraisers, which include the sale of food items, shall be permitted to occur until thirty (30) minutes after the conclusion of the last designated meal service period. For the purposes of this section, “school-sponsored fundraiser” shall be defined as any event or activity occurring on the school campus during which currency, tokens, tickets, or the like are exchanged for the sale or purchase of items or services to benefit the school, a school organization or group, or a charitable organization, and which is authorized according to the Sponsor’s policy and has been approved by the school principal or designee.

(d) To maintain a Healthy School Team for all schools under its jurisdiction in accordance with 42 U.S.C. 1758b (10/1/10), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-04501. Any Healthy School Team should include, but not be limited to, the following stakeholders: parents, students, school food service program representatives, school administrators, school health professionals, physical education teachers and the public as provided in 42 U.S.C. 1758b(b)(3). In addition to the requirements specified in 42 U.S.C. 1758b, a Healthy School Team shall:

1. Be responsible for ensuring compliance with paragraph (2)(c) of this rule and 7 CFR 210.11, previously incorporated in paragraph (1)(a) of this rule, as it relates to competitive food and beverage items sold on a school campus;

2. Maintain a school calendar identifying the dates when exempted competitive food fundraisers will occur in accordance with the frequency specified in paragraph (2)(c) of this rule; and,

3. Report its school’s compliance with this rule to the designated Local Educational Agency official or school official responsible for overall compliance with the Local Educational Agency’s wellness policy as required in 42 U.S.C. 1758b(b)(5)(B).

(e) To provide an alternative food service program for students attending double session schools. The school board, after considering the nutritional needs of all the students attending the school, shall determine the alternative program needed.

(f) To provide for the control, administration, supervision, and operation of all School Nutrition Programs. The Sponsor may contract with a food management company to provide food service in one (1) or more schools; provided that the Sponsor shall retain responsibility for its operation, administration, supervision and control, in compliance with the program agreement and federal regulations.

(g) To adopt a policy for providing economically needy students with free and reduced price lunches and breakfasts, when breakfasts are served, that will comply with 2 CFR 200 and 7 CFR 210 and 220, previously incorporated in paragraph (1)(a) of this rule. This policy shall include a plan for verifying economic need of students and shall be approved by the Department.

(h) To limit the amount of funds recovered annually for food service indirect costs to the restricted federal indirect cost rate approved annually by the Florida Department of Education, multiplied by the total Nonprofit School Food Service Account expenditures less expenditures for capital outlay, replacement of equipment, and USDA Foods; and cash-in-lieu of donated foods.

(3) Point of Service. Meal counts must be taken by the Sponsor daily at the point of service in accordance with 7 CFR 210.7(c)(1) through (2), incorporated in Rule 5P-2.001, F.A.C. The school principal and local school staff shall schedule meal serving periods in such a manner as to permit and encourage maximum student participation in the School Nutrition Program.

(a) Sponsors must obtain prior approval from the Department to implement an alternative point of service. To obtain approval for an alternative point of service, a Sponsor shall submit a request for approval to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Alternative Point of Service Request”, FDACS-01912 Rev. 12/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail].

(b) The Department will approve a Sponsor’s request for an alternative point of service if the information provided in the request for approval demonstrates the proposed alternative point of service will provide an accurate and reliable count of the number of lunches, by type, served each day, to eligible children as required by 7 CFR 210.7(c)(2).

(4) Competitive Foods. Each Sponsor must control the sale of food and beverage items in competition with the School Nutrition Program in accordance with 7 CFR 210.11, incorporated in Rule 5P-2.001, F.A.C. Competitive food and beverage items sold to students during the school day must meet the nutrition standards for competitive food as defined and required in 7 CFR 210.11.

(a) Each Sponsor is permitted to grant schools a special exemption from the standards for competitive foods as specified above for the purpose of conducting school-sponsored fundraisers, not to exceed the following maximum number of school days per school, each school year:

 

School Type	Maximum Number of School Days To Conduct Exempted Fundraisers
Elementary Schools	5 days
Middle School/Junior High Schools	10 days
Senior High Schools	15 days
Combination Schools	10 days
Elementary Schools: Schools providing regular or other instruction at one or more grade levels from PK through grade 5. This category includes schools serving grade 6 if also serving one or more grades PK through 5 (e.g., a K-6 school). Middle/Junior High Schools: Schools providing regular or other instruction in middle school configurations (grades 6-8) and junior high school configurations (grades 7-9). This category also includes schools serving a single grade in the 6-8 range (e.g., a 6th grade center). Senior High Schools: Schools providing regular or other instruction at one or more grade levels from 9 to 12. This classification includes 9th grade centers. Combination Schools: Schools providing regular or other instruction in grade groupings that include more than one of the categories described above (e.g., PK-8, 6-12, K-12, etc.).

 

(b) Unless sold by the Sponsor, competitive food items sold to students during the school day shall not consist of ready-to-eat combination foods, as defined in 7 CFR 210.11, or meat or meat alternate, as defined in 7 CFR 210.10, incorporated in Rule 5P-2.001, F.A.C., or grain products as defined in 7 CFR 210.11.

(c) No school-sponsored fundraisers, which include the sale of food items, will be permitted to occur until thirty (30) minutes after the conclusion of the last designated meal service period. For the purposes of this section, “school-sponsored fundraiser” is defined as any event or activity occurring on school property during which currency, tokens, tickets, or the like are exchanged for the sale or purchase of items or services to benefit the school, a school organization or group, or a charitable organization, and which is authorized according to the Sponsor’s policy and has been approved by the school principal or designee.

(d) Each Sponsor must maintain records for a period of three years following the date of submission of the final claim for reimbursement for the school year documenting the occurrence of any exempted school-sponsored fundraisers to demonstrate compliance with this rule. The following forms are hereby incorporated by reference and may be obtained from the Division of Food, Nutrition and Wellness, Florida Department of Agriculture and Consumer Services, 600 South Calhoun Street, Suite 120, Tallahassee, FL 32399 or online as indicated:

(a) FDACS 01717 Rev. 04/18, National School Lunch Program Claim Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-09514.

(b) FDACS 01718 Rev. 04/18, Special Milk Program Claim Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-09515.

(c) FDACS 01713 Rev. 04/18, Net Cash Resources Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-09516.

(d) FDACS 01716 Rev. 04/18, Child Nutrition Programs Agreement, http://www.flrules.org/Gateway/reference.asp?No=Ref-09517.

(5) Food Service Management Companies. Sponsors may contract with a food service management company to provide food service for one (1) or more schools. The Sponsor must retain responsibility for the program’s operation, administration, supervision and control.

(6) Economically-needy Students. Sponsors must adopt a policy for providing economically-needy students with free and reduced price meals that comply with 7 CFR 210, 7 CFR 220, and 7 CFR 245, incorporated in Rule 5P-2.001, F.A.C.

(7) Direct Certification. All Sponsors, except residential child-care institutions serving only their residents, must utilize Direct Certification to establish children’s eligibility for free school meals as specified in 7 CFR 245.6(b).

(a) All Sponsors must conduct Direct Certification with Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and Medicaid at least three times each school year as scheduled below:

1. Within 30 days of the first day of school for students;

2. Three months after the initial effort; and

3. Six months after the initial effort.

(b) Direct Certification for SNAP, TANF, and Medicaid must be conducted using the Florida Direct Certification system online at https://fdc.FDACS.gov, or by requesting the Direct Certification List for specific counties. Requests for access to the Florida Direct Certification system or the Direct Certification List must be submitted online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Direct Certification Report Sponsor Agreement”, FDACS-01804 Rev. 12/19, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail]. Access to the Florida Direct Certification system and the Direct Certification List will be provided to Sponsors upon the Department’s receipt of a completed Direct Certification Agreement.

(8) October Data. All Sponsors must submit October Data, as defined in Rule 5P-1.001, F.A.C., to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “October Data Collection Form”, FDACS-01943 Rev. 12/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail], no later than November 30 of each year.

(9) Verification. Verification must be conducted in accordance with 7 CFR 245.6a(c). All Sponsors must submit data retrieved during Verification efforts to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “School Food Authority (SFA) Verification Collection Report,” FNS-742 (10/12), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail], no later than November 30 of each year.

(10) April Data. All Sponsors must submit April Data, as defined in Rule 5P-1.001, F.A.C., to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “April Data Collection Form”, FDACS-01940 Rev. 12/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail], no later than April 10 of each year.

(11) Food Safety Inspections. Each Sponsor must obtain a minimum of two (2) food safety inspections for every school during each school year as required by 7 CFR 210.13(b) and 7 CFR 220.7(a)(2).

(a) The scope of the food safety inspections will vary according to the type of food service operations and shall be determined by the agency responsible for inspections.

(b) Sponsors must report to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, no later than May 15 of each year, the number of food safety inspections completed for all schools operating School Nutrition Programs. If less than two (2) food safety inspections are completed during a school year (July 1 through June 30), the Sponsor must also provide to the Department an explanation of the reasons for failing to meet the requirement.

(12) Indirect Costs. Sponsors must limit the amount of nonprofit school food service account funds allocated annually for food service indirect costs, as defined in 2 CFR 200.1, incorporated by reference in Rule 5P-2.001, F.A.C., to the restricted federal indirect cost rate approved annually by the Florida Department of Education, multiplied by the total nonprofit school food service account expenditures, less expenditures for capital outlay, replacement of equipment, USDA Foods, and cash-in-lieu of donated foods.

(13) Net Cash Resources. The Department will determine the net cash resources for Sponsors that are also school districts from the Annual Financial Report (AFR) filed with the Florida Department of Education annually.  All other Sponsors must report net cash resources for the prior fiscal year to the Department by January 1 of each year online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399 using the form entitled “Net Cash Resources Report,” FDACS-01713 Rev. 06/19, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail].

(a) Sponsors reporting net cash resources in excess of three months’ average expenditures must submit a spending plan, online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Net Cash Resources Spending Plan”, FDACS-02044 Rev. 07/21, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail]. The spending plan must reduce the Sponsor’s nonprofit school food service account to no more than three months’ average expenditures within 60 days of submitting the Net Cash Resources Report or receiving notification from the Department of excess net cash resources.

(b) Should the Sponsor fail to submit a spending plan to the Department as required by paragraph (a), the Sponsor must take one or more of the following actions designed to improve the school food service:

1. Reduce the price children are charged for meals;

2. Improve food quality;

3. Upgrade food service equipment;

4. Develop nutrition education materials and curricula; or

5. Provide additional training of food service personnel.

(c) The actions taken by the Sponsor in accordance with this paragraph must reduce the funds in their nonprofit school food service account to no more than three months’ average expenditures.  In the absence of any such action, the Department will make adjustments to the Sponsor’s rate of reimbursement.

(14) Equipment and Capital Expenditures. All equipment and capital expenditures, as defined by 2 CFR 200.14, with a per-unit acquisition cost of $5,000 or more and accruing to a Sponsor’s nonprofit school food service account must be pre-approved by the Department.

(a) Requests for approval of equipment and capital expenditures must be submitted to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399 using the form entitled “Capital Expenditure Pre-Approval Request”, FDACS-02011 Rev. 06/19, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail].

(b) Any equipment and capital expenditures not meeting the general criteria for allowability as set out in Subpart E – Cost Principles of 2 CFR 200, will not be approved by the Department. Revenues received by the nonprofit school food service are to be used only for the operation or improvement of such food service, except that, such revenues shall not be used to purchase land or buildings, unless otherwise approved by the United States Department of Agriculture, Food and Nutrition Service, or to construct buildings.

(c) Any equipment and capital expenditures found on the Department’s FNS-approved equipment list, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail], do not require submission of a request for approval.

(15) Audit Requirements. Sponsors that expend $750,000 or more during the fiscal year in federal awards must have a single audit conducted for that year in accordance with Subpart F – Audit Requirements of 2 CFR 200.

(a) In determining whether $750,000 in federal awards have been expended, the Sponsor must combine the value of USDA Foods received, as determined by the United States Department of Agriculture (USDA), all reimbursements received for meals served to eligible children as a part of the Summer Food Service Program, if applicable, School Nutrition Programs, and all other federal awards as defined in 2 CFR 200.1.

(b) A copy of the audit report must be submitted to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within nine (9) months after the end of the audit period.

(c) If findings in the audit report related to the School Nutrition Programs require corrective action, the Department will provide notice of required corrective action by email to the Sponsor. The Sponsor will have thirty (30) calendar days from the date of receipt of this notice to provide documentation to the Department of corrective action taken or planned to address each finding.  The Notice shall be considered received by the Sponsor five (5) calendar days following the date the notice is emailed by the Department unless an earlier date of receipt is confirmed by the Sponsor.

Rulemaking Authority 570.07(23), 595.404(4), (10), (11) FS. Law Implemented 595.404 FS. History–New 3-26-66, Amended 4-17-72, 4-19-73, 10-20-73, 6-17-74, Repromulgated 12-5-74, Amended 5-4-76, 10-18-77, 12-11-79, 1-7-81, 7-28-81, 9-23-81, 6-28-83, 10-15-84, 7-10-85, Formerly 6A-7.42, Amended 5-3-88, 5-16-90, 6-30-92, Formerly 6A-7.042, Amended 10-11-99, 1-25-00, Formerly 6-7.042, 6A-7.0411, Amended 9-24-14, 6-21-18, Formerly 5P-1.003­,­­ Amended_______.

 

5P-2.003 Procurement Standards.

(1) Contracts. All Sponsor contracts for goods or services for the School Nutrition Programs must be procured and executed in compliance with the procurement standards outlined in 7 CFR 210.21, 7 CFR 220.16 and 2 CFR 200, incorporated in Rule 5P-2.001, F.A.C.

(a) Pursuant to 7 CFR 210.21(c)(1) and 7 CFR 220.16(c)(1), the Department will conduct a pre-issuance review of each Sponsor’s proposed solicitations and proposed contracts for the procurement of goods and services for a School Nutrition Program, if:

1. The Sponsor is contracting with a food service management company; or

2. The Sponsor has a proposed solicitation or proposed contract that exceeds $50,000 for public and charter school Sponsors or the simplified acquisition threshold identified in 2 CFR 200.88 for all other Sponsors.

(b) In lieu of requesting a competitive solicitation, a Sponsor may make purchases at or below the specified prices from contracts awarded by other Sponsors when the Sponsor that awarded the contract and the Contractor mutually permit purchases by a Sponsor at the same terms, conditions, and prices (or below such prices) awarded in such contract.

1. The purchasing Sponsor must submit the awarded and proposed contracts and written authorization from the Contractor and the Sponsor holding the awarded contract to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, at least seven (7) calendar days prior to execution.

2. Sponsors must conduct a separate procurement to obtain goods and services if the proposed contract results in a material change to the awarding Sponsor’s contract. A change is material if it would cause the Contractor to bid differently, if the prospective change had existed during the original solicitation process, or if the total cost of the change exceeds the thresholds referenced in subparagraph 5P-2.003(1)(a)2., F.A.C.

(c) Noncompetitive Procurement.  Noncompetitive procurement of goods and services can only be awarded by a Sponsor if the circumstances in 2 CFR 200.320(c) apply. Noncompetitive agreements shall not be permitted as the underlying agreement in the implementation of the procurement practice described in paragraph 5P-3.003(1)(c), F.A.C. Sponsors desiring to award noncompetitively procured contracts must obtain approval from the Department prior to entering into the agreement. The Department will approve noncompetitively procured contracts under the following circumstances:  

1. Emergency Procurement. Noncompetitive procurement may be utilized when a public exigency or emergency will not permit delay resulting from a competitive procurement. The resulting contract may not exceed 12 months in duration and must be non-renewable.  When the public exigency or emergency no longer exists, the Sponsor must utilize competitive procurement procedures to establish its contracts.

2. Inadequate Competition. If, after solicitation of a number of sources, competition is determined inadequate, the Sponsor may award a contract by noncompetitive procurement. In such instances, the Sponsor must maintain documentation of its efforts to solicit bids.

(2) Donations. Sponsors may obtain and use donated food items to meet the meal service requirements outlined in 7 CFR 210.10 and 7 CFR 220.8, incorporated in Rule 5P-2.001, F.A.C., for meal service. Documentation required for the use of donated food items must include:

(a) The Sponsor’s name and Sponsor number;

(b) The name of the person or organization donating food items;

(c) The donor’s physical address;

(d) The donor’s phone number;

(e) The donor’s email address;

(f) The food item(s) being donated, including the quantity and size;

(g) The estimated value of donation; and

(h) A statement certifying that:

1. All information provided in the documentation is true;

2. All donated items listed have been received, without compensation, and meet proper sanitation and health standards which conform with all applicable state and local public health requirements;

3. The Sponsor understands the Department may verify the information and request additional documentation such as invoices and receipts of the actual purchases from the donor and that the donor has been informed of such conditions; and

4. The Sponsor understands that if false information regarding donations is purposely provided, the Sponsor will be deemed Seriously Deficient and subject to termination, pursuant to paragraph 5P-1.004(1)(a), F.A.C.

(3) Training. All food service management companies must complete the online food service management company training found at http://FDACS.gov/trainFNW with eighty (80) percent accuracy or higher or attend an in-person food service management company training conducted by the Department prior to entering into an agreement for food services with a Sponsor. Opportunities to complete the online food service management company trainings are offered year-round.

(4) Conflicts of Interest. Sponsors must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts and other procurement actions. Sponsors must disclose in writing any potential conflicts of interest to the Department.

(a) No employee, officer, or agent of the Sponsor may participate in the selection, award, or administration of a contract or purchase supported by School Nutrition Program funds if he or she has a real or apparent conflict of interest.

(b) Such a conflict of interest would arise when the Sponsor’s employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs, or is about to employ, any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

(c) The officers, employees, and agents of the Sponsor may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

(d) The Sponsor’s standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Sponsor.

(e) If the Sponsor has a parent, affiliate, or subsidiary organization that is not a local government or Indian tribe, the Sponsor must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the Sponsor is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

(f) The Sponsor may not award any contract or make any purchase supported by School Nutrition Program funds where the Sponsor or an employee, officer, or agent of the Sponsor has a real, apparent, or organizational conflict of interest.

(g) All costs resulting from purchases or contracts selected or awarded in contradiction of this rule are unallowable nonprofit school food service account expenses.

(h) The Sponsor will be deemed Seriously Deficient and subject to termination, pursuant to paragraph 5P-1.004(1)(a), F.A.C., for failure to make required disclosures of any potential conflicts of interest. Identification of any real or apparent conflicts of interest or organizational conflicts of interest by the Department is cause for termination pursuant to paragraph 5P-1.004(1)(b)5., F.A.C.

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History-New_____.

 

5P-2.004 Reimbursement Process.

(1) Advances. The Department will not advance funds to Sponsors for School Nutrition Programs.

(2) Claims. Claims for Reimbursement shall only be paid to Sponsors operating under a Child Nutrition Programs Agreement, incorporated in Rule 5P-1.004, F.A.C., with the Department except as provided in paragraph (d) of this subsection.

(a) All meals served by a Sponsor must meet meal pattern requirements pursuant to 7 CFR 210.10 and 7 CFR 220.8, incorporated in Rule 5P-2.001, F.A.C., to be eligible for reimbursement payments.

(b) The Sponsor must provide sufficient documentation to support the Claim for Reimbursement when submitted to the Department to be eligible for reimbursement payments. Such documentation must include the number of free, reduced price, and paid meals served to eligible children.

(c) All Claims for Reimbursement must be submitted to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “National School Lunch Program Claim Form”, FDACS-01717 Rev. 12/18, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail].

(d) If a School Food Authority has not executed the Child Nutrition Programs Agreement, required in subsection 5P-2.001(4), F.A.C., with the Department prior to beginning program operations, the Department will make reimbursement payments for meals served by the School Food Authority that meet meal pattern requirements specified in 7 CFR 210.10 and CFR 220.8, during the calendar month immediately preceding the calendar month in which the written agreement is executed, absent deficiencies that the Code of Federal Regulations would preclude the Department from making payments.

(3) Claim Reviews. The Department will review each Sponsor’s Claim for Reimbursement on a monthly basis, to ensure that monthly claims are limited to the number of free and reduced-price meals served, by type to eligible children. Sponsors shall correct any Claim for Reimbursement that does not accurately identify the number of meals eligible for reimbursement by making an upward or downward adjustment to the claim.

(4) Submission Dates. Claims for Reimbursement must be postmarked or submitted online to the Department no later than thirty (30) days following the last day of the full month covered by the claim. Adjustments to Claims for Reimbursement must be completed and postmarked or submitted online to the Department within sixty (60) days of the last day of the full month covered by the claim. Upward adjustments to Claims for Reimbursement are limited to two adjustments per claim per Sponsor unless the adjustment results from an Administrative Review or from other federally-required or state-imposed audits.

(5) One-Time Exception. Claims for Reimbursement and any adjustments made to Claims for Reimbursement not filed within the prescribed timeframes set forth in subsection 5P-2.004(4), F.A.C., will not be paid by the Department unless otherwise authorized by USDA’s Food and Nutrition Service (FNS) or the Sponsor requests a one-time exception in accordance with paragraphs (a) and (b) of this subsection.

(a) Sponsors may only request a one-time exception for late submission of Claims for Reimbursement every thirty-six (36) months for all School Nutrition Programs collectively; and

(b) Sponsors must submit a corrective action plan online at https://fans.FDACS.gov or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within thirty (30) calendar days of the request of the one-time exception and the corrective action plan must include:

1. The reason(s) contributing to the late submission of the claim or upward adjustment of the claim;

2. An outline of the corrective action(s) to be taken to avoid future late submissions;

3. A statement of understanding regarding the frequency of one-time exceptions in paragraph (a) of this subsection; and

4. The signature of an authorized Sponsor representative.

Rulemaking Authority 570.07(23), 595.404(4), 595.404(5), 595.404(10) FS. Law Implemented 595.404 FS. History-New_____.

 

5P-2.005 Administrative Reviews.

(1) Administrative Review. The Department will conduct Administrative Reviews of all Sponsors participating in the School Nutrition Programs in accordance with 7 CFR 210.18, incorporated in Rule 5P-2.001, F.A.C., and the 2018-2019 Administrative Review Manual, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-XXXXX, and by email request to the Department at [e-mail].

(2) Audits. The Department will include applicable findings from federally-required audit activity or from any state-imposed audit requirements in its Administrative Review to prevent duplication of effort when the audit findings pertain to the reviewed school(s) or the Sponsor’s overall operation of the School Nutrition Program and are relevant to the review period.

(3) Disregard of Overpayment. When conducting Administrative Reviews for any fiscal year, the Department will disregard any overpayment to a Sponsor that does not exceed $600, in accordance with 7 CFR 210.19(d) and 7 CFR 220.15(c), incorporated in Rule 5P-2.001, F.A.C.

(4) School Reviews. The Department will review food service operations at each school included in the Administrative Review. If the Department disallows reimbursement for any meals on the basis outlined in 7 CFR 210.18 or the 2018-2019 Administrative Review Manual, then the Sponsor shall provide documentation showing the disallowed meals were deducted from the Claim for Reimbursement submitted to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, prior to receiving payment for the remainder of the Claim for Reimbursement.

(5) Program Records. The Sponsor must make available to the Department all program records required to demonstrate compliance with program requirements no later than 5:00 p.m. (EST) on the day of the Exit conference. Documentation will not be accepted after the scheduled Exit Conference, except that the Department may grant a one-time extension, per Administrative Review, to extend the timeframe to provide all required program records by seven (7) calendar days upon written request by the Sponsor when extraordinary circumstances arise, such as temporary school closures, natural disasters, extreme weather conditions, or other circumstances beyond the Sponsor’s control.

(6) Claim Validation. During the Administrative Review, Claims for Reimbursement will be validated by verifying the number of meals claimed to have been served. Meals will be verified using a two-part review process that includes reviewing meal counts taken at the point of service and analyzing program invoices and receipts to determine the accurate number of meals eligible for reimbursement based on the amount and types of food purchased by the Sponsor. If the number of meals cannot be validated using the two-part review process, then Sponsor shall provide the following records to the Department as required to demonstrate that such records validate the meal counts submitted with the Claim for Reimbursement:

(a) Beginning and ending inventory for each claim period (month);

(b) Production records for each meal service provided during the claim period;

(c) Receiving reports prepared at sites or wherever food is received from suppliers and signed by receiving personnel (i.e. delivery slips);

(d) Purchase invoices received from food suppliers;

(e) Records of returns, allowances, cash discounts taken, and other credits when they are not reflected on purchase invoices;

(f) Canceled checks or other forms of receipts showing receipt or proof of payment by the Sponsor; and

(g) Records of major inventory adjustments showing the same kinds of information as inventory records.

(h) Sponsors which contract with School Food Authorities or food service management companies to provide all meals, including supplements, must provide billings by site from the School Food Authority or food service management company, less returns, allowances, discounts, and rebates for the meals delivered and evidence that the Sponsor received or paid for the meals.

(7) Review Expansion.  The Department will expand the scope of the Administrative Review beyond the one month review period when any of the program violations as specified in sub-subparagraph 5P-1.004(1)(a)1.f., F.A.C., noncompliance with the cost principles identified in 2 CFR 200, Subpart E, incorporated in Rule 5P-2.001, F.A.C., and conflicts of interest as prohibited by subsection 5P-2.003(4), F.A.C. are identified.

(8) Pre-Exit Debrief. Prior to the exit conference, the Department will hold a pre-exit debrief with the Sponsor to discuss the preliminary and tentative program deficiencies that have been identified prior to the completion of the Administrative Review. Program deficiencies preliminarily identified that result in needed corrective action will be addressed during the exit conference. A preliminary and tentative report will be sent via email, not later than the next business day following the Pre-Exit Debrief.

(9) Exit Conference. The Department will hold an exit conference with the Sponsor after the completion of the Administrative Review to discuss overall program operations, any program deficiencies observed, the extent of the program deficiencies, and the actions needed to correct the program deficiencies.

(10) Report. The Department will provide the Sponsor’s Food Service Director and Superintendent (or an equivalent official) with the Administrative Review Report.

(a) The Administrative Review Report will include the program deficiencies observed, the needed corrective actions, the deadlines for completion of the corrective action, and any potential fiscal action.

(b) The Administrative Review Report will be provided within thirty (30) calendar days of the exit conference at the close of the Administrative Review period. The Administrative Review Report will be sent via email to the Sponsor’s email address on record with the Department. If requested by the Sponsor at the exit conference, the Administrative Review Report will also be sent by regular United States mail. The Administrative Review Report will be deemed received by the Sponsor five (5) calendar days following the date the report was emailed by the Department.

(11) Corrective Action. For any program deficiencies identified by the Department through an Administrative Review, Sponsors must submit a corrective action plan with supporting documentation to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within thirty (30) calendar days of receipt of the Administrative Review Report. The corrective action plan must include:

(a) Each identified program deficiency;

(b) The corrective action required;

(c) The timeframe by which the corrective action will be, or was completed; and

(d) Documentation to demonstrate corrective action was completed as prescribed in the Administrative Review Report.

(12) Extension Requests. The Department will extend the timeframe(s) specified to complete the required corrective action(s) upon the written request of the Sponsor when:

(a) A request to extend the timeframe(s) to complete the required corrective action(s) is submitted by the Sponsor to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within thirty (30) calendar days of receipt of the Administrative Review Report; and

(b) The request includes a justification that demonstrates good cause beyond the Sponsor’s control for why the corrective action plan cannot be submitted by the original completion date and specify the Sponsor’ proposed completion date. Good cause includes unanticipated closures, temporary closures, natural disasters, extreme weather conditions, or other circumstances beyond the Sponsor’s control.

(13) Department Follow-up Reviews. Department Follow-up reviews of Sponsors and schools will be conducted:

(a) If the Sponsor is declared Seriously Deficient as a result of an Administrative or School Review;

(b) If a food safety deficiency is noted during an Administrative Review;

(c) If the number of meals claimed by a Sponsor for a school on any of the five preceding days of operation is 50% or more higher than the number of meals served as observed by the Department or its designated representative during a School Review; or

(d) To ensure that corrective action has been taken as prescribed by the Department in the Administrative Review Report.

(14) If during the follow-up review, the Department determines that significant, repeated operational issues still exist at the Sponsor or school level, the Sponsor will be declared seriously deficient by the Department. A significant operational issue exists if, during the follow-up review, one or more of the following repeat operational issues still exist at the Sponsor level or for at least 50% of the Sponsor schools being reviewed:

(a) Failure to count meals at the point of service as prescribed in paragraph 5P-2.002(3)(a) that results in fiscal action exceeding ten (10) percent of the Claim for Reimbursement reviewed with the meal counts submitted during the follow-up review;

(b) Failure to maintain program records as prescribed in 7 CFR 210.8(a)(5) and 220.8(a)(3), incorporated in Rule 5P-2.001, F.A.C., that results in fiscal action that exceeds the $600 overpayment disregard as prescribed in 7 CFR 210.19(d) and 220.15(c);

(c) Noncompliance with meal service times as prescribed in 7 CFR 210.10(l) and 220.8(l), incorporated in Rule 5P-2.001, F.A.C., that results in fiscal action that exceeds the $600 overpayment disregard as prescribed in 7 CFR 210.19(d) and 220.15(c);

(d) Claiming of reimbursement payments for meals not served as prescribed in 7 CFR 210.18(g)(1) that results in fiscal action that exceeds the $600 overpayment disregard as prescribed in 7 CFR 210.19(d) and 220.15(c);

(e) Serving of meals that do not meet the meal component or portion size requirements as prescribed in 7 CFR 210.10(c) and 220.8(c), incorporated in Rule 5P-2.001, F.A.C., that results in fiscal action that exceeds the $600 overpayment disregard as prescribed in 7 CFR 210.19(d) and 220.15(c);

(f) Noncompliance with applicable procurement procedures and contract requirements of 2 CFR 200, incorporated in Rule 5P-2.001, F.A.C.;

(g) Unallowable expenses charged to the non-profit school food service account or improperly coded to the School Nutrition Program that exceed the $600 overpayment disregard as prescribed in 7 CFR 210.19(d) and 220.15(c); or 

(h) Failure to maintain proper sanitation and health standards in conformance with all applicable State and local laws and regulations.

(15) If a Sponsor is declared seriously deficient during an Administrative or School Review and is also declared seriously deficient during the follow-up review, or the follow-up review identifies a repeat violation of health, safety and sanitation standards, the Sponsor will immediately be terminated in accordance with paragraph 5P-1.004(1)(a), F.A.C.

(16) While terminated, Sponsors and its principals, including their board members, corporate officials, and the officials identified on the Sponsor application in the Florida Automated Nutrition System at the time of the conduct leading to the termination shall not participate in any Child Nutrition and Food Distribution Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

(17) Ad Hoc Reviews. The Department will conduct ad hoc Administrative Reviews, Claim Reviews, Site Visits, or Technical Assistance Visits of Sponsor’s operation of the School Nutrition Programs at its discretion and when the following circumstances exist:

(a) The Department receives a complaint regarding the Sponsor’s operation of the School Nutrition Programs; or

(b) The Department identifies unusual data or trends within the Sponsor’s claims for reimbursement and any other information collected by the Department about the Sponsor’s operation of the School Nutrition Programs, such as “block claiming” or meal counts that are disproportionate to enrollment.  For the purposes of the School Nutrition Programs, a block claim is a claim with no variation in meal counts, for any single meal type or combination of meal types, for any continuous 15-day period within the claim month.

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History-New_____.

 

5P-2.006 Fiscal Action.

(1) Fiscal Action. Fiscal Action is the recovery of overpayment by the Department to a Sponsor through direct assessment or offset of future Claims for Reimbursement, disallowance of any portion of a Claim for Reimbursement, disallowance of overclaims as reflected in unpaid Claims for Reimbursement, submission of a revised Claim for Reimbursement, and correction of program records to ensure that unfiled Claims for Reimbursement are corrected when filed. Fiscal action also includes disallowance of funds for failure to take corrective action to meet the meal requirements in 7 CFR 210.10 and 7 CFR 220.8, incorporated in Rule 5P-2.001, F.A.C., and restoration of funds to the Sponsor’s nonprofit school food service account from a nonfederal source for unallowable costs pursuant to 2 CFR 200, incorporated in Rule 5P-2.001, F.A.C.

(2) Assessment of Fiscal Action. The Department will assess fiscal action for program deficiencies identified in 7 CFR 210.18(l)(1) through (2) and 7 CFR 210.18(l)(4), incorporated in Rule 5P-2.001, F.A.C., identified unallowable costs to the program, embezzlement, willful misapplication of funds, theft, or fraudulent activity.

(3) Recovery of Payment. The Department’s response to a Sponsor failing to submit an accurate Claim for Reimbursement is governed by 7 CFR 210.8 and 7 CFR 220.14, incorporated in Rule 5P-2.001, F.A.C., except that the Department will recover current fiscal year overpayments from a Sponsor by offsetting future Claims for Reimbursement within the same fiscal year. The Department will collect overpayments identified from a prior fiscal year from a Sponsor, and any fiscal action assessed pursuant to subsection (2) of this rule, through direct assessment using the following collection procedures:

(a) The Department will make a written demand to the Sponsor stating the Fiscal Action assessed via certified mail, return receipt requested. Written demands are deemed received by the Sponsor when it is delivered by certified mail, return receipt (or equivalent private delivery service). If the written demand is undeliverable, it is considered to be received by the Sponsor five days after being sent to the addressee’s last known mailing address.

(b) If after thirty (30) calendar days following receipt of the written demand, the Sponsor has failed to remit full payment or agree to a satisfactory repayment schedule, a second written demand stating the Fiscal Action assessed will be sent to the Sponsor by the Department via certified mail, return receipt requested.

(c) If after sixty (60) calendar days following receipt of the original written demand, the Sponsor fails to remit full payment or agree to a satisfactory repayment schedule, a third written demand stating the Fiscal Action assessed will be sent to the Sponsor by the Department via certified mail, return receipt requested. This third demand will contain a due date of ninety (90) calendar days from the date of original demand for the Sponsor to remit full payment or agree to a satisfactory repayment schedule.

(d) If after ninety (90) calendar days following receipt of the original written demand, the Sponsor fails to remit full payment or agree to a satisfactory repayment schedule, the Department will begin the procedure for collection of delinquent accounts as set forth in section 17.20, F.S.

(e) While terminated, Sponsors and its principles, including their board members, corporate officials, and the officials identified on the Sponsor application in the Florida Automated Nutrition System at the time of the conduct leading to the termination, shall not participate in any Child Nutrition and Food Distribution Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

(4) Withholding Payments. Notwithstanding 7 CFR 210.18(k)(3), incorporated in Rule 5P-2.001, F.A.C., the Department will withhold program payments pursuant to 7 CFR 210.24 and 7 CFR 220.18, incorporated in Rule 5P-2.001, F.A.C., and for the causes specified in 7 CFR 210.18(k)(1), incorporated in Rule 5P-2.001, F.A.C.

(5) Penalties. Failure to comply with the requirements of this rule chapter will result in the penalties prescribed in Rule 5P-1.004, F.A.C.

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, 595.501 FS. History-New_____.

 

5P-2.007 Professional Standards.

(1) Professional Standards. Sponsors must establish and implement professional standards for their School Nutrition Program directors, managers, and staff, as defined in 7 CFR 210.2 and 7 CFR 210.30, incorporated in Rule 5P-2.001, F.A.C.

(2) Hiring Standards.

(a) Sponsors must ensure all newly hired school nutrition program directors meet the minimum educational requirements in 7 CFR 210.30(b). A Sponsor may only use its nonprofit school food service account to pay the salary of a School Nutrition Program director who does not meet the hiring standards in 7 CFR 210.30 if the Sponsor complies with the Department’s approved plan to ensure the director will meet the requirements.

(b) The hiring standards plan must be completed within the first year of the School Nutrition Program director’s appointment to this position. If the Sponsor fails to comply with the hiring standards plan, the Sponsor will be deemed Seriously Deficient and subject to termination, pursuant to paragraph 5P-1.004(1)(a), F.A.C.

(c) For the purposes of the School Nutrition Programs, ‘relevant school nutrition experience’ as required in 7 CFR 210.30(b) refers to previous work experience in the National School Lunch Program and School Breakfast Program, and experience in other Child Nutrition Programs, such as the Child and Adult Care Food Program or the Summer Food Service Program. ‘Relevant food service experience’ refers to work in the food service industry, including, but not limited to, hospitals, healthcare facilities, nursing homes, restaurants, cafeterias, free meal centers, and university dining services. Documented unpaid or volunteer experience will be considered relevant.

(d) For the purposes of the School Nutrition Programs, the Department recognizes the following certificate as the ‘State recognized certificate for school nutrition directors’ as required in 7 CFR 210.30:

1. School Nutrition Association School Nutrition Specialist (SNS) Credential; or

2. Association of Nutrition & Foodservice Professionals Certified Dietary Manager or Certified Food Protection Professional (CDM®, CFPP®) Credential.

(3) Continuing Education and Training Standards.  Continuing education and training for school nutrition program managers, directors, and staff is required as provided in 7 CFR 210.30(e). In addition, time spent in non-interactive activities, such as observing a product demo or visiting an industry exhibit room,  where information, materials or equipment relative to the topics specified at 7 CFR 210.30(b)(3) for school nutrition program directors, 7 CFR 210.30(c) for school nutrition program managers, and 7 CFR 210.30(d)(1)-(5) for all staff with responsibility for school nutrition programs, may count toward no more than two hours of annual training.

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, FS. History-New_____.

 

5P-2.008 Waiver Requests.

(1) Waiver Request Protocol. Sponsors desiring a waiver of a federal statutory or regulatory requirement must submit a waiver request to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the FNS Child Nutrition Program State Waiver Request Template, revised as of 2018, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?no=ref-xxxxx, and by email request to the Department at [e-mail].

(a) Each section of the FNS Child Nutrition Program State Waiver Request Template must be completed in order for the waiver request to be considered. A complete waiver request must provide the information required by Section 12(l) of the National School Lunch Act, 42 U.S.C. 1760(l), revised as of January 21, 2020, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx, and by email request to the Department at [e-mail], including:

1. The federal statutory or regulatory requirements that are requested to be waived;

2. A description of the goal of the waiver to improve services under the School Nutrition Programs and the expected outcomes if the waiver is granted; and

3. A description of the impediments to the efficient operation and administration of the program.

(b) The Department will submit completed FNS Child Nutrition Program State Waiver Request Templates to the USDA Food and Nutrition Service (FNS) regional office.

(c) The Department will publish notice of waiver requests on behalf of the Sponsor prior to sending to FNS by publishing a notice in the Florida Administrative Register (FAR), which is the same manner in which the Department usually provides similar notices and information to the public.

(2) Waiver Decisions.

(a) Waivers will be granted or denied by FNS in accordance with 42 USC 1760(1). All responses to waiver requests, including approvals or denials, will be provided by FNS in writing through the Department. 

(b) When possible, waiver requests should be submitted, at minimum, 60 days prior to Sponsor’s anticipated implementation of the waiver.

(c) Waivers will only be effective for the limited time period stated in the waiver. After the initial waiver period provided by FNS has expired, if the waiver is still needed, Sponsors must request renewal of the waiver through the Department. A renewal waiver request will be processed in the same manner as an initial waiver request.

(3) Monitoring and Reporting. The Department and FNS will review the performance of Sponsors’ School Nutrition Program operations under the waiver.

(a) Each request to waive School Nutrition Program requirements must include proposed data reporting that will enable FNS and the Department to assess the effect of the waiver on School Nutrition Program administration and monitor its impact. At a minimum, reports must include:

1. A summary of the use of waiver by the Sponsor(s);

2. A description of whether the waiver resulted in improved services to recipients/participants;

3. A description of the impact of the waiver on providing nutritional meals to participants;

4. A description of how the waiver reduced the quantity of paperwork necessary to administer the program; and

5. Any additional information requested in the waiver approval by the Department or FNS.

(b) The Department and FNS will consider the data reports during the implementation of the waiver by the Sponsor and with any request for renewal of the waiver. Sponsors must adhere to existing applicable monitoring and reporting requirements, as well as those outlined in the waiver approval issued by FNS, to ensure continued operation throughout the approved waiver period. FNS may revoke a Sponsor’s waiver or deny future waiver requests if the Sponsor fails to fulfill the monitoring and reporting requirements.

(4) Waiver Termination. If the Department or FNS determines that the waiver leads to deficits in School Nutrition Programs operations or to an increase in the overall cost of the program to the federal government and the increase has not been paid for with non-federal funds, FNS may terminate the waiver as provided in 42 USC 1760(1).

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, FS. History-New_____.

 

5P-2.009 Emergency Meals.

Emergency meal services shall be administered as provided in subsection 5P-3.001(10), F.A.C. paragraph 5P-3.001(11)(a), F.A.C. In addition, Sponsors must do the following:

(1) Eligibility. In the event of an unanticipated school closure during the school year, the department will provide an expedited approval for School Districts, as defined in Section 595.402(5), F.S., operating National School Lunch Program with current agreements to operate the Summer Food Service Program, pursuant to subsection  5P-3.001(11), F.A.C., if the Sponsor submits a letter of intention to provide such emergency meals to the department online at https://fans.freshfromflorida.com, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, accompanied by the Sponsor’s application to participate in the  Summer Nutrition Program Summer Food Service Program, pursuant to paragraph 5P-3.001(1)(a), F.A.C., and contain the following:

(a) A list of the sites that would be activated to serve emergency meals;

(b) The contact person for the School District regarding service of emergency meals;

(c) The estimated number of children to be served;

(d) Time(s) in which meals will be served;

(e) Type(s) of meals to be served (i.e., breakfast, lunch, snack, and/or supper);

(2) Location. Emergency meals must be served at the site and during the time(s) indicated in the letter of intention. If the Sponsor is unable to serve meals at the location and during the time(s) indicated in the letter of intention, the Sponsor must submit, using the same method described in subsection 5P-2.009(1), F.A.C., a request to change the location or time and the reason for the change.

(3) Meal Pattern. All emergency meals served must meet the meal pattern requirements in 7 CFR 225.16(d) revised as of January 1, 2018, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10857.

(4) Claims for Reimbursement. Sponsors must submit Claims for Reimbursement in accordance with Rule 5P-3.004, F.A.C.

(5) Record Retention. Sponsors must maintain all records necessary to demonstrate compliance with the requirements in this rule, pursuant to 7 CFR 225.15(c) revised as of January 1, 2018, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10856.

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History–New 8-19-19, Amended ________.

 

5P-2.010 Civil Rights Compliance and Enforcement.

(1) Other Federal Requirements. All Sponsors must comply with the following requirements:

(a) Title VI of the Civil Rights Act of 1964, effective July 2, 1964, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx;

(b) Americans with Disabilities Act of 1990, effective July 26, 1990, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx;

(c) American with Disabilities Act Amendment Act of 2008, effective January 1, 2009, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx;

(d) Title IX of the Education Amendments of 1972, effective June 23, 1972, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx;

(e) Section 504 of the Rehabilitation Act of 1973, effective September 26, 1973, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx;

(f) Section 508 of the Rehabilitation Act of 1973, effective in 1998, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx;

(g) The Age Discrimination Act of 1975, effective November 28, 1975, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx;

(h) The Civil Rights Restoration Act of 1987, effective March 22, 1988, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx;

(i) The Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964 at 28 CFR 50.3, revised as of July 1, 2021, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx; and

(j) USDA’s regulations concerning nondiscrimination in 7 CFR parts 15, 15a,15b and 16, incorporated in Rule 5P-2.001.

(2) Materials in paragraphs (1)(a)-(i) above may also be obtained by email request to the Department at [e-mail].

(3) Sponsors shall also comply with requirements for racial and ethnic participation data collection, public notification of the nondiscrimination policy, and reviews to assure compliance with such policy. No person shall, on the grounds of race, color, national origin, sex (including gender identity and sexual orientation, unless Sponsor is exempt from such requirement under federal law), age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination, or reprisal or retaliation for prior civil rights activity while participating in or attempting to participate in the School Nutrition Programs.

(4) Complaints.  Any person or representative alleging discrimination based on a prohibited basis by a Sponsor or its staff may file a complaint within 180 days of the alleged discriminatory action by completing and submitting the USDA Program Discrimination Complaint Form (AD-3027, expiration date 05/31/2024, OMB Control Number 0508-0002), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?no=ref-XXXXX, and by email request to the Department at [e-mail], by mail to  USDA, Office of the Assistant Secretary for Civil Rights, 1400 Independence Ave, SW, Stop 9410, Washington, D.C. 20250-9410, or by facsimile to 1-833-256-1665.

(a) In the event a complainant makes allegations of discrimination verbally or in person or refuses or is not inclined to place such allegations in writing, the Sponsor’s staff to whom the allegations are made must write up the elements of the complaint for the complainant. Every effort should be made to have the complainant provide the following information:

1. Name, address, and telephone number or other means of contacting the complainant;

2. The specific location and name of the Sponsor and/or School Nutrition Program school;

3. The nature of the incident or action that led the complainant to feel discrimination was a factor, and an example of the method of administration that is having a disparate effect on the public, potential eligible persons, applicants, or participants;

4. The basis on which the complainant believes discrimination exists;

5. The names, telephone numbers, titles, and business or personal addresses of persons who may have knowledge of the alleged discriminatory action; and

6. The date(s) during which the alleged discriminatory actions occurred or, if continuing, the duration of such actions.

(b) Complaints of discrimination filed by applicants or participants shall be referred by the Department to the Food and Nutrition Service Civil Rights Division (FNS CRD) within five (5) calendars of receipt of the complaint. 

(c) Complaints alleging discrimination on the basis of age, regardless of whether other bases of discrimination are alleged, will be referred to the Food and Nutrition Service Civil Rights Division within five (5) working days after receiving the complaint. FNS CRD will refer the complaint to the Federal Mediation and Conciliation Service (FMCS) for mediation within 10 calendar days of initial receipt.

(5) Limited English Proficiency.  Sponsors must take reasonable steps to assure meaningful access to the information and services they provide as required FNS Instruction 113-1 FNS-620 (1-99), incorporated in Rule 5P-3.002.  Reasonable steps to assure meaningful access shall be assessed based on the following factors:

(a) The number or proportion of persons with Limited English Proficiency eligible to be served or likely to be encountered by the Sponsor’s School Nutrition Program;

(b) The frequency with which individuals with Limited English Proficiency come in contact with the Sponsor’s School Nutrition Program(s);

(c) The nature and importance of the Sponsor’s School Nutrition Program(s) to people’s lives; and

(d) The resources available to the Sponsor and costs.

(6) Effective Communication.  Sponsors must provide aids and services when needed to communicate effectively with applicants, participants, and potentially eligible persons of their program who have communication disabilities to ensure that the persons with a vision, hearing, or speech disability can communicate with, receive information from, and convey information to, the Sponsor unless doing so would result in significant difficulty or expense with regard to the nature and cost of the aid or service relative to the Sponsor’s size, overall financial resources, and overall expenses. If a particular aid or service would result in significant difficulty or expense, the Sponsor must provide another effective aid or service, if possible, that would not result in significant difficulty or expense.

(a) Sponsors are not required to provide any particular aid or service in rare circumstances where it would fundamentally alter the nature of the services provided to the public; however, Sponsors are required to accept telephone calls placed through Telecommunications Relay Service (TRS) and Video Relay Service (VRS), and staff who answer the telephone must treat relay calls just like other calls.             

(b) Sponsors must consider the nature, length, complexity, and context of the communication and the person’s normal method(s) of communication as well as with that person’s parent, spouse, or companion in appropriate circumstances. The term “companion” includes any family member, friend, or associate of a person seeking or receiving services who is an appropriate person with whom the Sponsor should communicate. The Sponsor shall provide effective communication, including the use of interpreters.

(c) Sponsors cannot require a person to bring someone to interpret for him or her. A Sponsor can rely on a companion to interpret in the following situations:

1. In an emergency involving an imminent threat to the safety or welfare of an individual or the public, an adult or minor child accompanying a person who uses sign language may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available; or

2. In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when the individual requests this, the accompanying adult agrees, and reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children. Sponsors may not rely on an accompanying adult to interpret when there is reason to doubt the person’s impartiality or effectiveness.

(d) Sponsors are encouraged to consult with the person with a disability to discuss what aid or service is appropriate. Sponsors may require reasonable advance notice from people requesting aids or services, based on the length of time needed to acquire the aid or service, but may not impose excessive advance notice requirements. “Walk-in” requests for aids and services must also be honored to the extent possible.

(e) Sponsors must provide comprehensive and ongoing training to staff interacting with participants regarding the Americans with Disabilities Act (ADA) requirements for communicating effectively with people who have communication disabilities.

(7) Public Notification. Each Sponsor must take specific action to inform applicants, participants, and potentially eligible persons of their program rights and responsibilities and the steps necessary for participation. 

(a) Sponsors must advise applicants and participants at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures. 

(b) All information materials and sources, including websites, used by the Sponsor to inform the public about the School Nutrition Programs must contain a nondiscrimination statement. At the minimum, the nondiscrimination statement, or a link to it, must be included on the home page of the program information.

(c) Each Sponsor must take the following actions to inform the general public, potentially eligible populations, community leaders, grassroots organizations, and referral sources about the School Nutrition Program(s) and the applicable Civil Rights requirements:

1. Prominently display the applicable USDA nondiscrimination poster "And Justice for All," or an FNS approved substitute;

2. Inform potentially eligible persons, applicants, participants, and grassroots organizations (particularly those in underserved populations), of the School Nutrition Program(s) or changes in School Nutrition Program(s). This includes information pertaining to eligibility, benefits, and services, the location of local facilities or service delivery points, and hours of service. This information shall be communicated by methods including, but not limited to, Internet, newspaper articles, radio and television announcements, letters, leaflets, brochures, computer-based applications, and bulletins;

3. Provide appropriate information, including web-based information, in alternative formats for persons with disabilities;

4. Include the required nondiscrimination statement on all appropriate School Nutrition Program publications, websites, posters, and informational materials provided to the public; and 

5. Convey the message of equal opportunity in all photographic and other graphics that are used to provide School Nutrition Program or program-related information.

(8) Civil Rights Training. Sponsors are responsible for training their staff who interact with program applicants and participants. Staff who interact with program applicants or participants and persons who supervise those staff, must be provided civil rights training on an annual basis by the Sponsor. Specific subject matter must include, at a minimum, the collection and use of data, effective public notification systems, complaint procedures, compliance review techniques, resolution of noncompliance, requirements for reasonable accommodation of persons with disabilities, requirements for language assistance, conflict resolution, and customer service.

(9) Data Collection and Reporting.  The collection and reporting of data on the actual number of children applying for free and reduced-price meals or free milk, by ethnic or racial group, is required by Department of Justice (DOJ) Regulations, 28 CFR part 42, revised as of July 1, 2021,which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-xxxxx, and by email request to the Department at [e-mail].

(a) Sponsors must develop a method for data collection. Methods include determination of the information by a school official through personal knowledge or voluntary self-identification by an applicant on the free and reduced-price meal or free milk application. The Department may also use data or information collected by other Federal agencies and the Florida Department of Education. Sponsors must maintain this information on file for three (3) years.

(b) Sponsors must establish procedures to ensure that the information is made available only to authorized State and Federal personnel as requested, or as part of Office of Management and Budget (OMB) approved surveys.

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, FS. History-New_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vianka Colin, Director, Division of Food, Nutrition and Wellness

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 18, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 8, 2022