Summer Food Service Program Participation, Program Responsibilities, Procurement Standards, Reimbursement Process and Financial Management, Administrative Reviews, Fiscal Action, Seamless Summer Option, ....
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness
RULE NOS.:RULE TITLES:
5P-3.001Summer Food Service Program Participation
5P-3.002Program Responsibilities
5P-3.003Procurement Standards
5P-3.004Reimbursement Process and Financial Management
5P-3.005Administrative Reviews
5P-3.006Fiscal Action
5P-3.007Seamless Summer Option
5P-3.008Waiver Requests
5P-3.009Civil 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. 48 No. 91, May 10, 2022, issue of the Florida Administrative Register.
5P-3.001 Summer Food Service Program Participation.
Each organization participating or desiring to participate in the Summer Food Service Program, as defined in subsection Rule 5P-1.001(38), F.A.C., must meet the standards established by the United States Department of Agriculture as provided in 2 CFR 200, 7 CFR 15, 15a, 15b, 7 CFR 16, 7 CFR 225, and 7 CFR 250 all revised as of January 1, 2021, 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 InfoFNW@fdacs.gov, chapter 595, Florida Statutes, and this rule chapter.
(1) No change.
(a) 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 “Summer Food Service Program Application”, FDACS-01722 03/22, 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. For the purposes of this program, a complete application includes:
1. through 2. No change.
3. No change.
a. The organization shall demonstrate financial capability to operate a Summer Food Service Program if it has financial resources to operate the Summer Food Service Program on a daily basis, to continue to pay employees and contractors during periods of temporary interruptions in Summer Food Service Program payments, to pay debts when fiscal claims have been assessed against the organization, and documents its financial capability as specified in sub-subparagraph subparagraph 5P-3.001(1)(a)3.b., F.A.C. The following information must be included with the management plan:
(I) through (II) No change.
b. No change.
(I) through (IV) No change.
(V) Documentation to demonstrate eligibility to participate in one of the three tiers set out in sub-sub-subparagraph (A) through (C) below:
(A) No change.
I.-VI. No change.
(B) No change.
I.-V. No change.
(C) No change.
I.-VI. No change.
c. No change.
(I) No change.
(II) No change.
(III) Has sufficient, qualified staff to ensure the operation of the Summer Food Service Program in accordance with program regulations and this rule. The rationale for hiring decisions must be documented and align with the position description for the position. Sponsors shall provide a description of qualifications for all Summer Food Service Program positions and their prospective salary ranges, as well as resumes of individuals employed by the organization who will be performing Summer Food Service Program duties, and a Summer Food Service Program staff training plan to demonstrate staff qualifications.
(A) Minimum hiring standards for program administrators and directors. Program administrators and/or directors hired on or after the effective date of this rule January 1, 2022, must have at least one year of relevant Child Nutrition Program or food service experience and must have completed at least eight hours of food safety training not more than five years prior to their hiring date as the program administrator or director. Program administrators and directors hired prior to the effective date of this rule January 1, 2022, will be carried over in their respective administrator or director position; however, an annual application must still be submitted by the organization to the department for review to determine the organization’s operational tier. Relevant Child Nutrition Program experience refers to previous work experience in the National School Lunch Program and School Breakfast Program, as well as experience in other Child Nutrition Programs, including 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, soup kitchens, and university dining services. Examples of skills employees would obtain in the food service industry include food handling and preparation, food ordering, nutrition education, financial management, and customer service.
(B) No change.
(IV) Has well supported and documented rationales for its hiring decisions; and
(V) renumbered to (IV) No change.
d. No change.
(I) No change.
(A) Adopts and maintains a written conflict of interest policy that governs transactions between the Sponsor and another party in which a member of the Sponsor’s board of directors, or an officer or trustee of the Sponsor has a direct or indirect financial interest. The policy shall include instruction regarding “conflict of interest transactions,” which includes, the sale, lease, or exchange of property to or from the Sponsor; the lending of funds to or borrowing of funds from the Sponsor; and the payment of compensation for services provided to or from the Sponsor. Meets applicable federal and state statutes and requirements;
(B) Maintains board meeting minutes that document decisions made by the board including those concerning conflict of interest transactions Is comprised of members, the majority of which are members of the community the organization serves, who are not financially interested in the organization’s activities, and are not related to the organization’s personnel or to each other;
(C) through (F) No change.
(II) No change.
(III) Has a documented financial management system in accordance with FNS Instruction 796-4 Form FNS-389 (9-88), 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, with management controls specified in writing. At a minimum, the financial management system shall provide:
(A) through (M) No change.
I.-V. No change.
4. No change.
a. through b. No change.
5. All supporting materials provided with or related to an application must be completely responsive and submitted using the Management Plan structure in the Florida Automated Nutrition System.
(b) Correct its application and supporting documentation, including revised or additional information, submitted by the organization, when the documentation provides contradictory or inconsistent information. Any application, including the supporting materials thereto, which is not completely and accurately submitted by the applicant prior to the application deadlines as otherwise provided in subsection 5P-3.001(2), F.A.C. will be deemed incomplete and denied.
(c) Any application, including the supporting materials thereto, which is not completely and accurately submitted by the applicant prior to the application deadlines as otherwise provided in subsection 5P-3.001(2), F.A.C. will be deemed incomplete and denied.
(d) renumbered to (c) No change.
1.-2. No change.
(2) No change.
(a) through (c) No change.
(3) No change.
(a) through (h) No change.
(4) Pre-approval Site Visits. In accordance with 7 CFR 225.7(d)(1), previously incorporated in this rule, the department will conduct a pre-approval site visit for all organizations that did not operate the program in the year prior to the current year, to assess Summer Food Service Program compliance and to verify information provided in the application using the form entitled “Summer Food Service Program State Pre-Approval Site Visit”, FDACS-01735 Rev. 03/22, 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 pre-approval site visit will not be conducted for Sponsors deemed ineligible.
(a)-(b) No change.
1. through 2. No change.
(6) renumbered (5) No change.
(6) No change.
(a) No change.
(b) While terminated, delinquent 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 or Food Distribution Program, which includes, but is not limited to, receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.
(7) No change.
(a)-(c) No change.
(8) No change.
(a) No change.
1. Provide 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 InfoFNW@fdacs.gov; or
2. Establish that it is affiliated with a church or religious organization by providing documentation that demonstrates the organization or 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 InfoFNW@fdacs.gov; or
3. Show 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 InfoFNW@fdacs.gov.
4. No change.
(a)-(b) No change.
(c) The Sponsor must submit to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, a signed “Summer Nutrition Programs For-Profit Certificate” FDACS-01839 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10334, and by email request to the department at InfoFNW@fdacs.gov, prior to the first operating day of each site identified as for-profit.
(9) No change.
(10) No change.
(a) No change.
1.-5. No change.
(b) No change.
1.-3. No change.
(c) Sponsors with current Child Nutrition Program agreements and operating the National School Lunch Program’s Seamless Summer Option shall submit documentation to the department sufficient for the department to make a tier determination for the Sponsor as set out in sub-subparagraph paragraph 5P-3.001(1)(a)3.a. with its initial or renewal School Nutrition Program application as set out in subsection paragraph 5P-2.001(1). Upon determination of the Sponsor’s tier, the Sponsor will be approved to operate during the unanticipated school closure as set out in paragraph 5P-3.001(10)(f). The department will only approve a school site to operate the National School Lunch Program’s Seamless Summer Option during an unanticipated closure if the school building where the Sponsor is approved to serve meals is unaffected by the emergency or disaster, and it is determined to be the most appropriate location for emergency meal service, or is expressly permitted by the United States Department of Agriculture (USDA).
(d) No change.
(e) No change.
(f) Meal Pattern. All emergency meals served during an unanticipated school closure must meet the meal pattern requirements in 7 CFR 210.10 and 7 CFR 220.8 for Sponsors operating the Seamless Summer Option and 7 CFR 225.16(d) for Sponsors operating the Summer Food Service Program, unless a waiver of these requirements is in effect. The department will issue waivers of these provisions based on the authority granted by the USDA Food and Nutrition Service (FNS) and all revised as of January 1, 2021, which are hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx. Waivers of these provisions will be issued in accordance with sections 412 and 413 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179-80), revised as of December 7, 2021, 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 InfoFNW@fdacs.gov. The meal pattern requirements in 7 CFR 210.10 and 7 CFR 220.8, all revised as of January 1, 2021, are hereby adopted and 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 InfoFNW@fdacs.gov.
(g) No change.
(h) Record Retention. Sponsors must maintain all records necessary to demonstrate compliance with the requirements in this rule, pursuant to 7 CFR 210.15 and 7 CFR 220.7(e)(13) for Sponsors operating the Seamless Summer Option, and 7 CFR 225.15(c) for Sponsors operating the Summer Food Service Program, all revised as of January 1, 2021, which are hereby adopted and 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 InfoFNW@fdacs.gov, for all emergency meals served during an unanticipated school closure.
(11) Terminated Sponsors. 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 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. Sponsors that have been terminated, as described in paragraph 5P-1.004(1)(a), F.A.C., from the Summer Food Service Program and are applying again to participate must be eligible as required by 7 CFR 225.14(b), previously incorporated in this rule, and this rule chapter, and must submit an application pursuant to paragraph 5P-3.001(1)(a), F.A.C., including a management plan using the criteria in sub-subparagraphs 5P-3.001(1)(a)3.a. through c., F.A.C.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History–New 5-2-19, _______.
5P-3.002 Program Responsibilities.
(1) Training. Each year, upon approval to operate the Summer Food Service Program, the Sponsor must hold training sessions for its administrative staff prior to the first day of program operations. Additionally, each year the Sponsor must hold training sessions for site personnel prior to the first day of each site’s program operation. Training of site personnel must, at a minimum, include: the purpose of the Summer Food Service Program, civil rights as indicated in section XI of FNS Instruction 113-1 FNS-620 (1-99), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10342, and by email request to the department at InfoFNW@fdacs.gov, site eligibility, recordkeeping, site operations, meal pattern requirements, and the duties of a monitor as prescribed in 7 CFR 225.15(d), incorporated in Rule 5P-3.001, F.A.C.
(2) through (4) No change.
(5) Meal Service. Pursuant to 7 CFR 225.15(d)(3), Sponsors must review food service operations at each site at least once during the first four weeks of Summer Food Service Program operations. Sponsors must complete the site review using the form entitled “Summer Food Service Programs Sponsor Site Review”, FDACS-01926 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10337., and by email request to the department at InfoFNW@fdacs.gov.
(a) No change.
1. No change.
2. Sponsors wanting to serve children under one (1) year of age must first request approval to do so from the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Request to Serve Infant Meals”, FDACS-01849 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10335., and by email request to the department at InfoFNW@fdacs.gov.
(b) When serving food in smaller quantities than are indicated in 7 CFR 225.16(d), the Sponsor must follow the age-appropriate meal pattern requirements contained in 7 CFR 226.20(b), revised as of January 1, 2021, which is hereby adopted and incorporated by reference and made available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx, and by email request to the department at InfoFNW@fdacs.gov.
(c) through (d) No change.
(e) If the Sponsor plans to provide meal service to children away from the approved site, the Sponsor must submit to the department, online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, notification of any field trip that would affect the time and location of meal service using the form entitled “Summer Nutrition Programs Field Trip Schedule”, FDACS-01877 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10336., and by email request to the department at InfoFNW@fdacs.gov. Notification must be made forty-eight (48) hours prior to date of the field trip.
(6) No change.
(a) through (c) No change.
(7) No change.
(a) No change.
(b) The use of balance sheet account numbers and fund and expenditure account numbers for Sponsors 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 InfoFNW@fdacs.gov, to indicate what income and expenses are for the benefit of the Summer Food Service Program if the account is used for other Child Nutrition Programs in rule 5P-1.001(3), F.A.C. as defined in subsection rule 5P-1.001(3), F.A.C. and under the Richard B. Russell National School Lunch Act, as amended ((42 U.S.C. 1751 et seq.), which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; or
(d) No change.
(8) No change.
(a)-(b) No change.
1. No change
a.-b. No change.
2. No change.
a.-b. No change.
3.-8. No change.
(c)-(f) No change.
(9) No change.
(a) No change.
(b) Management responsibilities are include, but are not limited to, those described in 7 CFR 225.15. and maintenance of documentation of a nonprofit food service, meal ordering, maintenance of records justifying all meals claimed, producing and maintaining documentation that supports all Summer Food Service Program funds are spent only on allowable costs, submission of claims for reimbursement, training of administrative and site personnel, site visits and site reviews, receiving, processing and verifying applications for free Summer Food Service Program meals to determine the eligibility of children attending camps and the eligibility of sites that are not open sites, compliance with competitive bid procedures as specified in 7 CFR 225.15(m)(4), ensuring food service management company compliance with all the applicable provisions of this rule and 7 CFR 225, and the other responsibilities designated in this rule section.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History-New 5-2-19, ______.
5P-3.003 Procurement Standards.
(1) No change.
(a)-(c) No change.
1. No change.
2. No change.
(2) Noncompetitive Procurement. Noncompetitive procurement of good and services can only be awarded by a Sponsor if the circumstances in 2 CFR 200.320(c), revised as of January 1, 2021, 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, 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. of this rule. 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:
(a)-(b) No change.
(3) No change.
(a)-(h) No change.
(4) No change
(5) No change.
(6) No change.
(a)-(g) No change.
(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 subparagraph 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 4-7-19, _______.
5P-3.004 Reimbursement Process and Financial Management.
(1) No change.
(2) Advances. The department will make advance payments to Sponsors as requested in the application to assist in meeting operating costs and administrative expenses in accordance with the criteria established in 7 CFR 225.9(c), incorporated in Rule 5P-3.001, F.A.C., and the application deadlines set forth in Rule 5P-3.001 5P-3.002, F.A.C. If the Sponsor was declared Seriously Deficient in accordance with paragraph 5P-1.004(1)(a), F.A.C, the Sponsor’s June Claim for Reimbursement must be submitted and accepted by the department prior to the release of advance payments for July, and the July Claim for Reimbursement must be submitted and accepted by the department prior to the release of advance payments for August.
(a) When processing requests for advance payments, the department will take into consideration unused reimbursement, as defined in subsection paragraph (9) of this rule, the Sponsor has carried over from the previous year of operations, if applicable. The department will deduct the total amount of unused reimbursement from the year prior to the current year from the total advance requested.
(b) No change.
(3) No change.
(4) Due Dates. All Sponsors must submit to the department a monthly Claim for Reimbursement online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Summer Nutrition Programs Claim for Reimbursement”, FDACS-02007 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10340, and by email request to the department at InfoFNW@fdacs.gov.
(a)-(b) No change.
(5) No change.
(6) No change.
(a)-(b) No change.
(7) Inaccurate Claim for Reimbursement. The department’s response to a Sponsor failing to submit an accurate Claim for Reimbursement will be governed by 7 CFR 225.12, incorporated in Rule 5P-3.001, F.A.C., except that the department will recover current fiscal year overpayments from a Sponsor by offsetting future Claims for Reimbursement, to the extent such future Claims for Reimbursement exist. In the event such future Claims for Reimbursement either do not exist or are insufficient to recover such overpayments, the department will recover current fiscal year overpayments utilizing the collection procedures outlined in subsection paragraph (8) of this section.
(8) No change.
(a) through (d) No change.
(9) Unused Reimbursement. If a Sponsor receives more reimbursement than is expended on allowable costs, the Sponsor must use this unused reimbursement to improve the meal service or management of the Summer Food Service Program. Sponsors with unused reimbursement remaining at the end of the program year must submit a statement to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, not later than December 31 of each year, using the form entitled “Summer Food Service Program Unused Reimbursement Certificate”, FDACS-01974 Rev. 01/2210/18, 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 InfoFNW@fdacs.gov, certifying that all unused reimbursement will be used either as startup funds for or the improvement of the Summer Food Service Program in the subsequent year.
(a) If the Sponsor does not submit the Summer Food Service Program Unused Reimbursement Certificate, FDACS-01974 Rev. 01/2210/18, the Sponsor’s application for the subsequent year’s Summer Food Service Program will not be approved until such certificate is received.
(b)-(c) No change.
(10) Financial Management. Sponsor must maintain documentation of all revenues received and expenses paid from the nonprofit food service account. All items listed in program invoices and receipts must be allowable program expenses as required in FNS Instruction 796-4 Form FNS-389 (9-88), previously incorporated in Rule 5P-3.001. which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/Reference.asp?No=Ref-xxxxx10317.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History-New 5-2-19, _____.
5P-3.005 Administrative Reviews.
(1) Administrative Review. The department will conduct Administrative Reviews of Sponsors participating in the Summer Food Service Program in accordance with 7 CFR 225.7(d)(2)(ii), incorporated in Rule 5P-3.001, F.A.C., and the 2017 USDA Summer Food Service Program State Agency Monitor Guide, which is hereby adopted and incorporated by reference and available online at: https://www.flrules.org/Gateway/reference.asp?No=Ref-10343, and by email request to the department at InfoFNW@fdacs.gov.
(2) through (3) No change.
(4) State Site Reviews. The department will review food service operations at each site included in the Administrative Review using the form entitled “Summer Food Service Programs State Site Review”, FDACS-01947 Rev. 11/19, 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. Should any meals be disallowed at a site for reasons outlined in the 2017 USDA Summer Food Service Program State Agency Monitor Guide, previously incorporated in this rule, the Sponsor must provide documentation showing the disallowed meals were deducted from the Claim for Reimbursement to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, after the meal operation has ended for the month and prior to receiving payment on the Claim for Reimbursement.
(5) No change.
(6) Claim Validation. Meal counts submitted with the Claim for Reimbursement will be validated using a two-part review process that includes reviewing meal counts taken at the point of service and analyzing program records to determine the accurate number of meals eligible for reimbursement. The Sponsor must provide the following records to the department as required to validate the meal counts submitted with the Claim for Reimbursement including, but not limited to, the following:
(a)-(h) No change.
(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 paragraph 5P-1.004(a)1.f., F.A.C., noncompliance with the cost principles identified in 2 CFR 200, Subpart E, or conflicts of interest as prohibited by 5P-3.003(6), F.A.C. are identified.
(8)-(9) No change.
(10) No change.
(a) through (c) No change.
(11) No change.
(a) through (d) No change.
(12) No change.
(a)-(b) No change.
1.-2. No change.
(13) No change.
(a)-(b) No change.
(14) No change.
(a)-(e) No change.
1. No change.
2. Failure to maintain program records as prescribed in 7 CFR 225.15(c), including, but not limited to, meal count sheets, production records, invoices and delivery slips, that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;
3. Noncompliance with meal service times as prescribed in 7 CFR 225.16(c) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;
4. Claiming of reimbursement payments for meals not served as prescribed in 7 CFR 225.12(a) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;
5. Serving of meals that do not meet the meal component or portion size requirements as prescribed in 7 CFR 225.16(d) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;
6. No change.
7. Unallowable expenses charged to the non-profit food service account or improperly coded to the Summer Food Service Program that exceed the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.; or
8. No change.
(f) If a Sponsor is declared seriously deficient during an Administrative or Site 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 shall be terminated. While terminated, Sponsors and its principals, including their officers, and directors shall not participate in the Summer Food Service Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.
(15) No change.
(a)-(b) No change.
(16) No change.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History–New 5-2-19, _____.
5P-3.006 Fiscal Action.
(1) through (2) No change.
(3) No change.
(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 the equivalent private delivery service) five (5) calendar days after the postmark date of the certified mailing by the department. 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) through (d) No change.
(4) No change.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, 595.501 FS. History–New 4-7-19, ______.
5P-3.007 Seamless Summer Option.
School Food Authorities currently administering the National School Lunch Program and/or School Breakfast Program participating or desiring to participate in the Seamless Summer Option, as defined in subsection 5P-1.001(31), F.A.C., must meet the standards established by the United States Department of Agriculture as provided in 2 CFR 200, 7 CFR 15, 15a, 15b, 7 CFR 210, 7 CFR 220, 7 CFR 225 and 7 CFR 250 all revised as of January 1, 2021, 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 InfoFNW@fdacs.gov, Chapter 595, Florida Statutes, and this rule chapter.
(1) No change.
(a)-(d) No change.
(2) Periods of Operation. For schools operating under a traditional school calendar, the months of operation for Seamless Summer Option are May through September when school is not in session and October through April for non-school sites only in response to an unanticipated school closure as specified in subsection paragraph 5P-3.001(10), F.A.C. At year-round schools, School Food Authorities may operate the Seamless Summer option during school vacation periods longer than 10 school days. For year-round schools that have vacation periods shorter than 10 school days, the department will waive the 10-day requirement to allow for Seamless Summer Option participation.
(3) Site Eligibility. The site eligibility requirements for the Seamless Summer Option are those specified in 7 CFR part 225, previously incorporated in this rule, and Rule 5P-3.002, F.A.C.
(4) No change.
(a) All persons in the community who are 18 years of age and under and those persons over age 18 who are mentally or physically disabled may receive meals under the Seamless Summer Option SSO.
(b) School Food Authorities offering the Seamless Summer Option must follow the National School Lunch Program and School Breakfast Program meal pattern requirements established in 7 CFR 210.10 and 7 CFR 220.8, respectively, previously incorporated in this rule.
1. School Food Authorities must use the National School Lunch Program meal pattern for lunches established in 7 CFR 210.10, previously incorporated in this rule, when serving supper meals.
2. School Food Authorities operating open and restricted open Seamless Summer Option sites that have difficulty implementing the age grade/group requirement should work with the department to make accommodations, including using a single age/grade group meeting the minimum meal pattern requirements for the most common age/grade group attending the site. All accommodations must have a reasonable justification for the need to deviate from the age/grade group requirement and be added as an addendum to the Child Nutrition Program agreement between the School Food Authority and the department. All other sites that serve an identified group of children, including closed enrolled sites and camps, must follow the meal pattern for each age/grade established in 7 CFR 210.10 and 7 CFR 220.8, previously incorporated in this rule.
3. Seamless Summer Option sites must provide meal accommodations consistent with the policy established in SP 59-2016, Policy Memorandum on Modifications to Accommodate Disabilities in the School Meal Programs, effective September 27, 2016, 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. The competitive food service standards at 7 CFR 210.11, previously incorporated in this rule, do not apply to Seamless Summer Option.
4. No change.
5. School food authorities participating in the Seamless Summer Option must comply with the requirements of the Buy American provision in the National School Lunch Act as provided in 7 CFR 210.21(d), previously incorporated in this rule.
(c) No change.
(d) Meal times for breakfast and lunch must follow the designated times in the National School Lunch Program and School Breakfast Program regulations at 7 CFR 210.10(l) and 7 CFR 220.2(b), previously incorporated in this rule. Breakfast must be served between the hours of 6:00 a.m. and 10:00 a.m. Snacks must be evenly and adequately spaced between other meal service times to minimize food waste and ensure good nutrition practices. Supper meal service may not begin later than 7:00 p.m. (EST). Meal service outside of the designated times must be approved by the department.
(e) No change.
(f) No change.
(g) All Seamless Summer Option sites must plan for and prepare one meal per child per meal service. Seamless Summer Option sites are allowed to offer eligible children a second breakfast and claim it for reimbursement in accordance with the requirements in 7 CFR 220.9(a), previously incorporated in this rule. Seamless Summer Option sites may not claim second lunches or snacks for reimbursement.
(5) No change.
(a) As set forth in 7 CFR 210.10(a)(3) and 7 CFR 220.8(a)(3), previously incorporated in this rule, schools and non-school sites must keep production records and menu records for the meals they produce, including those offered under the Seamless Summer Option. The production records must allow the department to evaluate how the meals contribute to the required food components or food items. Records for food purchases (e.g. invoices, receipts) are required to document the expenditure of funds from the nonprofit food service account for compliance with determining the proportion of program and non-program food expenditures in relation to revenues.
(b) Edit checks are not required for Seamless Summer Option sites during the period of time that the School Food Authority is operating the sites under the Seamless Summer Option policies. School Food Authorities must ensure that meal counts match actual participation and claims reflect the number of meals served. If a school is operating the National School Lunch Program or School Breakfast Program for academic summer schools, edit checks are required as outlined in 7 CFR 210.8, previously incorporated in this rule.
(6) No change.
(a) Lunches claimed under the Seamless Summer Option will count toward the determination of the School Food Authority’s eligibility for the extra reimbursement differential and the school’s eligibility for the severe need breakfast rate. School Food Authorities certified to receive the performance-based reimbursement in accordance with 7 CFR 210.7(d), previously incorporated in this rule, will receive the additional reimbursement for lunches and suppers served under the Seamless Summer Option.
(b) Claims for reimbursement under the Seamless Summer Option may be combined in accordance with 7 CFR 210.8(c)(1), previously incorporated in this rule. School Food Authorities may not combine June and July claims for reimbursement because of the National School Lunch Program rate change that occurs on July 1.
(7) No change.
(a)-(c) No change.
1.-2. No Change.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, FS. History-New_____.
5P-3.008 Waiver Requests.
(1) Waiver Request Protocol. As provided in Section 12(l) of the National School Lunch Act, 42 U.S.C. 1760(l), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx, the USDA Secretary may waive federal statutory and regulatory requirements for the Summer Food Service Program upon request. 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 InfoFNW@fdacs.gov. Sponsors must submit complete waiver requests to the department via the Florida Automated Nutrition System and receive written approval from the USDA Secretary through Food and Nutrition Services (FNS) prior to implementing the waiver.
(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(1), 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 InfoFNW@fdacs.gov, including:
1.-3. No change.
(b)-(c) No change.
(2) No change.
(a) –(c) No change.
(3) No change.
(a) No change.
1.-5. No change.
(b) No change.
(4) No change.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, FS. History-New_____.
5P-3.009 Civil Rights Compliance and Enforcement.
All Sponsors must comply with all requirements of Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, American with Disabilities Act Amendment Act of 2008, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 508 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Civil Rights Restoration Act of 1987, the Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964 at 28 CFR 50.3, and the USDA’s regulations concerning nondiscrimination (7 CFR parts 15, 15a,15b and 16), including 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, 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 under the Summer Food Service Program.
(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) Tthe 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) Tthe 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) Tthe Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964 at 28 CFR 50.3, effective July 1, 2021, 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.
(j) USDA’s regulations concerning nondiscrimination in 7 CFR parts 15, 15a,15b and 16 previously incorporated Rule 5P-3.001.
(2) Materials in paragraphs (1)(a)-(i) above may also be obtained by email request to the department at InfoFNW@fdacs.gov.
(3) Sponsors shall also comply with including 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), 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 under the Summer Food Service Program.
(4)(1) Complaints. Any person or representative alleging discrimination based on a prohibited basis has the right to file a complaint within 180 days of the alleged discriminatory action by completing and submitting the USDA Program Discrimination Complaint Form (AD-3027 1/19/12 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) No change.
1.-6. No change.
(b)-(c) No change.
(5)(2) No change.
(a)-(d) No change.
(6)(3) No change.
(a)-(c) No change.
1.-2. No change.
(d)-(e) No change.
(7)(4) No change.
(a)-(c) No change.
1.-5. No change.
(8)(5) Civil Rights Training. Sponsors are responsible for training their staff who interact with program applicants or participants, and those persons who supervise those staff, must be provided civil rights training on an annual basis. Specific subject matter must include, at a minimum, the but not be limited to, 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)(6) Data Collection and Reporting. Sponsors must provide for and maintain a system to collect the racial and ethnic data in accordance with 7 CFR 225.7(g), previously incorporated in Rule 5P-3.001, F.A.C., and FNS Instruction 113-1 FNS-620 (1-99), as previously incorporated in rule, to determine how effectively the Summer Food Service Program is reaching potential eligible persons and beneficiaries, identify areas where additional outreach is needed, assist in the selection of locations for compliance reviews, and complete reports as required.
(a)-(d) No change.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, FS. History-New_____.
