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-2.010Civil Rights Compliance and Enforcement
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 49 No. 78, April 21, 2023, issue of the Florida Administrative Register.
5P-2.001 Program Participation.
No change.
(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. 05/2304/22, 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 InfoFNW@fdacs.gov.
(a) through (c) No change.
(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) through (b) No change.
(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), as amended on December 10, 2015, and 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 InfoFNW@fdacs.gov, 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. through b. No change.
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, 2020April 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 InfoFNW@fdacs.gov.
2. No change.
(3) No change.
(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”, FDACS-01716 Rev. 06/23, incorporated in Rule 5P-1.004, F.A.C.
(5) through (8) No change.
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) through (6) No change.
(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) No change.
(b) Direct Certification for Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF)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. 05/2312/19, 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 InfoFNW@fdacs.gov. 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) through (13) No change.
(14) Equipment and Capital Expenditures. All equipment and capital expenditures, as defined by 2 CFR 200.12 CFR 200.14, incorporated by reference in rule 5P-2.001, F.A.C., 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) No change.
(b) Any equipment and capital expenditures not meeting the general criteria for allowability as set out in Subpart E – Cost Principles of 2 CFR part 200, incorporated by reference in Rule 5P-2.001, F.A.C., 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 Capital Equipment Approved Item List, effective March 2019Department’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 InfoFNW@fdacs.gov, do not require submission of a request for approval.
(15) No change.
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-2.010 Civil Rights Compliance and Enforcement.
(1) Other Federal Requirements. All Sponsors must comply with the following requirements:
(a) through (e) No change.
(f) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), effective in 1998, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx;
(g) through (j) No change.
(2) No change.
(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 InfoFNW@fdacs.gov, 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.
(3) (5) No change.
(4) (6) No change.
(5) (7) No change.
(6) (8) No change.
(7) (9) No change.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, FS. History-New_____.
