5P-2.001. Program Participation  


Effective on Tuesday, September 5, 2023
  • 1Each School Food Authority, as defined in 87 CFR 210.2, 11participating in or applying to participate in a School Nutrition Program, as defined in subsection 265P-1.001(1), 27F.A.C., and each participating Sponsor, must meet the applicable standards established by the United States Department of Agriculture as provided in 482 CFR 200, 517 CFR 15, 5415a, 15b, 16, 577 CFR 210, 607 CFR 220, 637 CFR 245 66and 677 CFR 250, 70all revised as of January 1, 2022, and which are hereby adopted and incorporated by 85reference and available online at 90https://www.flrules.org/gateway/reference.asp?No=Ref-15737, 92and 93by email request to the Department at InfoFNW@fdacs.gov, 101chapter 595, Florida Statutes, and this rule chapter. A School Food Authority participating in the Summer Food Service Program, as defined in Rule 1245P-1.001, 125F.A.C., must also comply with the standards provided in 1347 CFR 225 137as incorporated in Rule 5P-3.001, F.A.C.

    143(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. 05/23, which is hereby incorporated by reference and available online at 199https://www.flrules.org/gateway/reference.asp?No=Ref-15738, 201and by email request to the Department at InfoFNW@fdacs.gov.

    210(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:

    2481. School Food Authority Information;

    2532. A listing of Sponsor Officials;

    2593. Policy Information;

    2624. Residential Child Care Institution Information as applicable;

    2705. Procurement Procedures;

    2736. Civil Rights Information;

    2777. 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

    3078. A certification statement signed by an official of the School Food Authority.

    320(b) Applications to participate in the School Nutrition Programs cover the period of July 1 through June 30, annually. 339The Department recommends School Food Authorities who submit applications between March 1 and June 30 consider applying for the following school year.

    361(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.

    446(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.

    471(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 4967 CFR 210.2, 499and as further defined in FNS Instruction 776-7, Rev. 1, Form FNS-620 (10/81), 512which is hereby adopted and incorporated by reference and available online at 524https://www.flrules.org/gateway/reference.asp?No=Ref-15739, 526and by email request to the Department at InfoFNW@fdacs.gov. 

    535(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.

    591(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 62520 U.S.C. § 7801(18), 629as amended on December 10, 2015, and which is hereby adopted and incorporated by reference and available online at 648https://www.flrules.org/gateway/reference.asp?No=Ref-15740, 650and 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 6771001.451, F.S. 

    679(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 7217 CFR 210.2.

    7241. 725A nonprofit private school claiming exempt status through affiliation with a church or religious organization 740that is not required to make application to the Internal Revenue Service for recognition of its status to be tax-exempt must:

    761a. 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 805https://www.flrules.org/gateway/reference.asp?No=Ref-15741, 807and by email request to the Department at InfoFNW@fdacs.gov; 816or

    817b. 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 855defined 856in 85726 CFR 1.509(a)-4, 860revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at 878https://www.flrules.org/gateway/reference.asp?No=Ref-15742, 880and by email request to the Department at InfoFNW@fdacs.gov; or

    890c. 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 91726 CFR 1.6033-2(h)(3), 920revised as of April 1, 2020, which is hereby adopted and incorporated by reference and available online at 938https://www.flrules.org/gateway/reference.asp?No=Ref-15743, 940and by email request to the Department at InfoFNW@fdacs.gov949.

    9502. 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.

    1005(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.

    1032(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 10695P-1.004, 1070F.A.C.

    1071(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 11047 CFR 210.19(a)(1), 1107to include:

    1109(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

    1136(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 1177http://www.flrules.org/Gateway/reference.asp?No=Ref-15744, 1179and 1180by email request to the Department at InfoFNW@fdacs.gov, 1188to indicate what income and expenses are for the benefit of the School Nutrition Program if the account is used for other Child Nutrition Programs 1213as defined 1215in Rule 12175P-1.001(3), 1218F.A.C.

    1219(12206) 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 1259and 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 12795P-1.004(1)(a), 1280F.A.C., as applicable. 1283While 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.

    1352(7) Seriously Deficient Sponsors. Sponsors that were 1359declared Seriously Deficient pursuant to paragraph 13655P-1.004(1)(a), 1366F.A.C. 1367in 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.

    1394(8) Terminated 1396Sponsors1397. 1398Sponsors 1399that have been terminated from a School Nutrition Program must meet all eligibility requirements in this rule chapter and submit an application 1421pursuant 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.

    1506Rulemaking Authority 1508570.07(23), 1509595.404(4), 1510595.404(10), 1511595.404(11) FS. 1513Law Implemented 1515595.404 FS. 1517History-New 9-5-23.