Florida Regulations 5P-3.001: Summer Food Service Program Participation
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Each organization participating or desiring to participate in the Summer Food Service Program, as defined in subsection 5P-1.001(38), F.A.C., must meet the standards established by the United States Department of Agriculture as provided in 2 C.F.R. § part 200, 7 C.F.R. § part 15, 15a, 15b, 7 C.F.R. § part 16, 7 C.F.R. § part 225, and 7 C.F.R. § part 250 all revised as of January 1, 2021, and which are hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14883, and by email request to the department at InfoFNW@fdacs.gov, Florida Statutes Chapter 595 and this rule chapter.
(1) Summer Food Service Program Application. Any organization desiring to participate in the Summer Food Service Program must be eligible as required by 7 C.F.R. § 225.14 and must:
(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 http://www.flrules.org/Gateway/reference.asp?No=Ref-14852, and by email request to the department at InfoFNW@fdacs.gov. For the purposes of this program, a complete application includes:
1. All Sponsor Information as requested on the application;
2. All Site Information as requested on the application for at least one site; and
3. A management plan. The management plan must demonstrate financial capability, administrative capability, and program accountability for program operations and allow the department to determine in which of the three (3) operational tiers, as described in subsection 5P-3.002(2), F.A.C., the organization will be approved based on the information submitted. All information submitted as part of the management plan must be in the name of the organization listed on the application.
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-subFl. Admin. Code R. 5P-3.001(1)(a)3.b. The following information must be included with the management plan:
(I) The organization must indicate what financial resources it has and how long those financial resources have been available to the organization, whether the level, function or nature of the financial resources is expected to change during the program year and, if so, what impact the change will have on the organization’s financial capability.
(II) Organizations operating solely to administer the Summer Food Service Program and no other income generating venture, must provide verification that the organization has sources of funding other than the Summer Food Service Program to pay for the preparation of IRS filings for corporations, state corporate reporting requirements, and the cost of conducting required board meetings. Organizations with no available financial resources (e.g., cash, loans, closed-end lines of credit) other than the Summer Food Service Program shall be deemed not financially capable and ineligible to participate in the Summer Food Service Program.
b. The organization shall further demonstrate financial capability by providing the following documentation, which must be included with the organization’s management plan:
(I) Administrative and operational budgets that are necessary, reasonable, allowable, and allocable and include projected expenses;
(II) Twelve (12) consecutive months of financial institution statements for the organization’s most recent fiscal year and for the month prior to the submission of the application for all cash accounts in the name of the organization;
(III) All agreements for loans, lines of credit, revolving credit card accounts, non-cancelable leases, food service credit lines, and purchase commitments, each of which must be closed-end. Credit lines from food service distributors and food service management companies must be supported by a current executed contract that has been reviewed and approved by the department in accordance with Fl. Admin. Code R. 5P-3.003, and 2 C.F.R. part 200 prior to the line of credit being extended;
(IV) The organization’s most recent federal tax filing (e.g., Form 990), unless the organization is exempt from filing as a governmental entity; and
(V) Documentation to demonstrate eligibility to participate in one of the three tiers set out in sub-sub-subparagraph (A) through (C) below:
(A) In consideration for Tier 3, as defined in subsection 5P-3.002(2), F.A.C., complete financial statements, audited by a Certified Public Accountant, for the organization’s most recent fiscal year and the following: statement of financial position, statement of activities, statement of changes in net assets, statement of cash flows, and notes to financial statements, which all must conform to generally accepted accounting principles. Audited financial statements containing all statements and note disclosures required by generally accepted accounting principles, but which are titled differently from this list, shall be deemed to meet this requirement. From these documents, the following factors will be considered:
I. Assets exceeding liabilities (i.e., positive net assets or positive fund balance);
II. All accounts and transactions of the organization are included;
III. Debt does not exceed eighty (80) percent of total assets;
IV. Current asset/liability ratio of at least 1:1;
V. Transactions for Summer Food Service Program activities are separately identifiable either in the statement of activities or notes to financial statements; and
VI. Financial resources cover the costs of at least fifty (50) percent of expenses as indicated in the proposed budget – independent of any reimbursement from the department.
(B) In consideration for Tier 2, at a minimum, internally-prepared statements conforming to generally accepted accounting principles including at least the statement of financial position and statement of activities, or financial statements conveying substantially the same information, as required by generally accepted accounting principles, but are titled using different terms, for the organization’s most recent fiscal year from which the following factors will be considered:
I. Assets exceeding liabilities (i.e., positive net assets or positive fund balance);
II. All accounts and transactions of the organization are included;
III. Debt does not exceed eighty (80) percent of total assets;
IV. Current asset/liability ratio of at least 1:1; and
V. Financial resources cover at least twenty-five (25) percent of expenses as indicated in the proposed budget – independent of any reimbursement from the department.
(C) In consideration for Tier 1, at a minimum, a trial balance report including all statements of financial position and statement of activities that account for the organization’s most recent fiscal year from which the following factors will be considered:
I. The trial balance balancing to zero ($0);
II. Assets exceeding liabilities (i.e., positive net assets or positive fund balance);
III. All accounts and transactions of the organization are included;
IV. Debt does not exceed eighty (80) percent of total assets;
V. Current asset/liability ratio of at least 1:1; and
VI. Financial resources cover at least twenty-five (25) percent of expenses as indicated in the proposed budget – independent of any reimbursement from the department.
c. The organization has the administrative capability to participate in the Summer Food Service Program if it:
(I) Has not been declared Seriously Deficient by the department or terminated from the Summer Food Service Program or any other federal Child Nutrition Program in the previous seven (7) years. However, such an organization may be considered if the department determines that the organization has taken appropriate corrective actions to prevent recurrence of all deficiencies as prescribed in Fl. Admin. Code R. 5P-1.004(1)(a), and has repaid any outstanding debts owed to federal Child Nutrition Programs;
(II) Has written policies and procedures that assign Summer Food Service Program responsibilities and duties to officers, directors and staff of the organization, to include, at a minimum, an organizational chart, organizational mission statement and bylaws, written job descriptions on full-time and part-time positions, and ensure compliance with civil rights requirements;
(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 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 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) Staff-to-Children Ratio. The Summer Food Service Program staff-to-child ratio must be at least one staff person for every 25 children unless superseded by the minimum standards for the care of children in a licensed child care facility as established in Section 402.305(4)(a), F.S.
(IV) Provides an ongoing service to the community as evidenced by payroll records or timesheets.
d. To demonstrate program accountability, the organization’s management plan must provide evidence of how it meets the following criteria:
(I) Has oversight of the Summer Food Service Program by an independent governing board of directors that, at a minimum:
(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;
(B) Maintains board meeting minutes that document decisions made by the board including those concerning conflict of interest transactions;
(C) Is responsible for policy setting, fiscal guidance, and ongoing governance of the organization;
(D) Reviews the organization’s policies, programs, and budgets at a minimum on an annual basis;
(E) Approves decisions about compensation of employees and other parties providing services to the organization; and
(F) Possesses Summer Food Service Program knowledge and has operational oversight.
(II) Has a screening system in place to scrutinize any criminal convictions of board members which may disqualify them from performing Summer Food Service Program administrative functions; and
(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 http://www.flrules.org/Gateway/reference.asp?No=Ref-14853, 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) Accounting records that are supported by source documents;
(B) Records showing the source and application of funds and contain information pertaining to Program funds and income (e.g., authorizations, obligations, unobligated balances, assets, liabilities, and outlays);
(C) Accurate, current, and complete disclosures of the financial transactions of the program;
(D) Identification of each Summer Food Service Program expense as either an operating or administrative cost, including a consistent and rational basis for the proration of costs which benefit both the operation and administration of the Summer Food Service Program, and an approved direct cost base (subject to review by the department and FNS) for costs which benefit both the Summer Food Service Program and other activities of the Sponsor, such as occupancy and telephone services.
(E) Effective control over, and accountability for, all funds, property, and other program assets to assure that they are safeguarded and used solely for authorized purposes;
(F) A system of safeguards and controls is in place to prevent and detect improper financial activities by employees;
(G) A comparison of actual outlays against budgeted amounts;
(H) Organization-wide audits to determine, at a minimum, the fiscal integrity of financial transactions and reports, and compliance with laws, regulations, and administrative requirements;
(I) A systematic method to assure timely and appropriate resolution of all audit findings and recommendations (including organization-wide);
(J) Maintenance of appropriate records to document compliance with Summer Food Service Program requirements, including budgets, accounting records, approved budget amendments, management plans and appropriate records on Summer Food Service Program site operations;
(K) Regular training of administrative staff and site personnel as prescribed in subsection 5P-3.002(1), F.A.C.;
(L) Monitoring in accordance with 7 C.F.R. § 225.15(d)(2)-(3), as previously incorporated in this rule, to ensure that sites accountably and appropriately operate the Summer Food Service Program; and
(M) Documented practices that result in the operation of the Summer Food Service Program in accordance with the meal service, recordkeeping, and other operational requirements that demonstrate that sites will:
I. Provide meals that meet the meal patterns set forth in 7 C.F.R. § 225.16, previously incorporated in this rule;
II. Have a food service that complies with applicable State and local health and sanitation requirements;
III. Comply with civil rights requirements;
IV. Maintain complete and appropriate records on file; and
V. Claim reimbursement only for eligible meals.
4. Organizations are exempt from the requirements in subparagraph (1)(a)3. of this rule and will be approved to operate the Summer Food Service Program at Tier 3 unless the organization has been declared Seriously Deficient, as described in Fl. Admin. Code R. 5P-1.004(1)(a), in the year prior to the current year, if the following criteria are met:
a. The organization is audited on a predetermined, continual cycle with the Florida Auditor General and is a current participant in good standing in the National School Lunch Program; or
b. The organization is a local, municipal, county, or state government organization.
5. All supporting materials provided with or related to an application must be 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) Complete the Summer Food Service Program training with eighty (80) percent accuracy or higher prior to being approved for participation.
1. This training requirement is applicable for operation of the Summer Food Service Program at any time of the year in an area with a continuous school calendar.
2. The department waives this training requirement for operation of the Summer Food Service Program during unanticipated school closures during the period from October through April.
(2) Application Deadlines. Application deadlines for participation in the Summer Food Service Program are as follows:
(a) Applications are due March 15 for all organizations requesting an advance for June and/or July.
(b) Applications are due April 15 for all remaining organizations.
(c) Applications that remain incomplete after April 15 will remain unapproved and deactivated in the Florida Automated Nutrition System.
(3) Operational Tiers. Sponsors approved to operate the Summer Food Service Program will be designated to operate within the parameters for one of three tiers determined during the application process each year, unless exempt per subFl. Admin. Code R. 5P-3.001(1)(a)4.
(a) Tier 3 allows Sponsors to serve over 150,000 meals;
(b) Tier 2 allows Sponsors to serve up to 150,000; and
(c) Tier 1 allows Sponsors to serve up to 60,000 meals;
(d) A Sponsor may not include in the Claim for Reimbursement, and will not be reimbursed for, any meals served over the allowable amount for the tier in which the Sponsor is approved to operate.
(e) Only experienced sponsors will be permitted to operate above Tier 1 in the Summer Food Service Program. For the purposes of this rule, an experienced sponsor means a Sponsor that has successfully participated in the Summer Food Service Program for each of the prior three (3) consecutive years.
(f) Experienced sponsors will not be permitted to operate at Tier 2 if they have had any significant operational issues as defined in subparagraphs 5P-3.005(14)(e)1., F.A.C. through 5P-3.005(14)(e)8., F.A.C., or serious deficiencies as defined in sub-subparagraphs 5P-1.004(1)(a)1.a., F.A.C., through 5P-1.004(1)(a)1.k., F.A.C., while operating at a Tier 1, in their most recently conducted Administrative Review, Site Review, Site Visit, or Technical Assistance Visit.
(g) Experienced sponsors will not be permitted to operate at Tier 3 if they have had any significant operational issues as defined in subparagraphs 5P-3.005(14)(e)1., F.A.C. through 5P-3.005(14)(e)8., F.A.C., or serious deficiencies as defined in sub-subparagraphs 5P-1.004(1)(a)1.a., F.A.C., through 5P-1.004(1)(a)1.k., F.A.C., while operating at Tier 2 or Tier 3, in their most recently conducted Administrative Review, Site Review, Site Visit, or Technical Assistance Visit.
(h) Sponsors approved to participate in the Summer Food Service Program prior to January 1, 2022 will be approved to continue to operate in their respective Tier 2 or Tier 3 operational tiers if, based upon the Sponsor’s annual application, the department determines that the Sponsor has demonstrated capability to maintain that operational tier and if they have not had any significant operational issues as defined in subparagraphs 5P-3.005(14)(e)1., F.A.C. through 5P-3.005(14)(e)8., F.A.C., or serious deficiencies as defined in sub-subparagraphs 5P-1.004(1)(a)1.a., F.A.C., through 5P-1.004(1)(a)1.k., F.A.C., while operating at Tier 2 or Tier 3, in their most recently conducted Administrative Review, Site Review, Site Visit, or Technical Assistance Visit.
(4) Pre-approval Site Visits. In accordance with 7 C.F.R. § 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-14854, and by email request to the department at InfoFNW@fdacs.gov.
(a) If program compliance is confirmed during a pre-approval site visit, the organization will be approved to operate the Summer Food Service Program at that site.
(b) If program compliance is not confirmed during a pre-approval site visit, the department will allow the organization to make necessary changes, for that site, as identified by the department on form ‘Summer Food Service Program State Pre-Approval Site Visit’, FDACS-01735 Rev. 03/22, and request a technical assistance visit to follow-up on the changes made to bring the organization into compliance. If applicable deadlines have already lapsed for the current year, the organization cannot operate the Summer Food Service Program at the site.
1. If program compliance is confirmed during the technical assistance visit, the organization will be approved to operate the Summer Food Service Program at the site.
2. If program compliance is not confirmed during the technical assistance visit, the organization cannot operate the Summer Food Service Program at the site.
(5) Seriously Deficient Sponsors. Seriously Deficient Sponsors are Sponsors that were declared Seriously Deficient pursuant to Fl. Admin. Code R. 5P-1.004(1)(a) In accordance with 7 C.F.R. § 225.6(c)(2), previously incorporated in this rule, Sponsors reapplying for participation in the Summer Food Service Program that were declared Seriously Deficient in the year prior to the current year, must be eligible as required by 7 C.F.R. § 225.14(b), previously incorporated in this rule, and this rule chapter.
(6) Delinquent Sponsors. Sponsors that have outstanding debts to the department from previous fiscal action taken within the context of Child Nutrition Programs are not eligible to participate in the Summer Food Service Program.
(a) Sponsors that have outstanding debts with the department from previous fiscal action taken within the context of the Child Nutrition Programs and have not agreed upon a satisfactory repayment schedule with the department will be declared Seriously Deficient and terminated from the Summer Food Service Program in accordance with paragraphs 5P-3.006(3)(d), and 5P-1.004(1)(a), F.A.C., where appropriate.
(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) Transfer of Sites Between Sponsors. Sites may request to transfer to a different Sponsor if:
(a) A written request to transfer and justification is provided to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399 and to the Sponsor under which the Site is currently operating at least seven (7) calendar days before the anticipated date of transfer.
(b) The written request to transfer must include:
1. The current Sponsor’s name;
2. The requested new Sponsor’s name, and
3. The justification for the request to transfer. The justification must demonstrate good cause beyond the Site’s control for why the Site is requesting to be transferred. Good cause includes:
a. The population served will expand;
b. The quality of meal service will improve; or
c. The effectiveness of site operation will improve.
(c) If a Site experiences, at a minimum, two consecutive days where meals are not delivered by the Sponsor, or can document inconsistent deliveries, the Site is exempt from the time requirement in paragraph (a) of this subsection.
(8) Site Eligibility. Pursuant to 7 C.F.R. § 225.2, previously incorporated in this rule, to be eligible to participate in the Summer Food Service Program, an organization must be non-profit, which is defined as being tax exempt under section 501(a) of the Internal Revenue Code of 1986.
(a) A private, nonprofit organization or 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:
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 http://www.flrules.org/Gateway/reference.asp?No=Ref-14855, 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 C.F.R. § 1.509(a)-4, revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14856, 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 C.F.R. § 1.6033-2(h)(3), revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14857, and by email request to the department at InfoFNW@fdacs.gov.
4. A private, nonprofit organization or 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, as previously incorporated.
(b) The department will approve sites which are identified as for-profit locations if the sites meet all the following criteria:
1. The sites must be operated under an eligible public or private non-profit Sponsor;
2. The sites must operate as Open sites or Restricted Open sites;
3. The sites must be located in an area in which at least 50 percent of the children are from households that are eligible for free or reduced priced school meals;
4. The sites must make meals available to all children in the area and must serve meals to children on a first come, first served basis; and
5. The sites must serve all meals at no charge.
(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) Agreement. Each Sponsor approved to participate in the Summer Food Service Program must enter into a written agreement with the department, using the form entitled “”Child Nutrition Programs Agreement””, FDACS-01716 Rev. 06/19, incorporated in Fl. Admin. Code R. 5P-2.002
(10) Emergency Meal Service. In the event of an unanticipated school closure during the school year, the department will provide an expedited approval for Sponsors, as defined in Florida Statutes § 595.402(6), with current Child Nutrition Programs Agreement, if the Sponsor has previously indicated to the department its intent to provide such emergency meals.
(a) This intent to serve emergency meals during an unanticipated school closure must be designated in the Sponsor’s application to participate in a Summer Nutrition Program, and contain the following information:
1. A list of the sites that would be activated to serve emergency meals;
2. The contact person for the Sponsor regarding service of emergency meals;
3. The estimated number of children to be served;
4. Time(s) at which meals will be served; and
5. Type(s) of meals to be served (i.e., breakfast, lunch, snack, and/or supper).
Sponsors in good standing will be approved for participation during an unanticipated school closure without a prior application if the Sponsor participated in the Summer Food Service Program or Seamless Summer Option at any time during the current year or in the prior calendar year.
(b) The department will approve or deny Sponsors with current Child Nutrition Program Agreements for operation during the unanticipated school closure on a first come, first served basis, in the following order:
1. Sponsors that are exempt in accordance with subFl. Admin. Code R. 5P-3.001(1)(a)4. and Sponsors approved to operate a Tier 3 program who have not been declared Seriously Deficient in the current year or the year prior to the current year;
2. Sponsors approved to operate a Tier 2 program who have not been declared Seriously Deficient in the current year or the year prior to the current year when approved Sponsors operating a Tier 3 program and exempt Sponsors are not providing emergency meal service in all areas within a county in which at least 50 percent of the children are eligible for free or reduced priced school meals.
3. Sponsors approved to operate a Tier 1 program who have not been declared Seriously Deficient in the current year or the year prior to the current year when Sponsors operating a Tier 2 or Tier 3 program and exempt Sponsors are not providing emergency meal service in all areas within a county in which at least 50 percent of the children are eligible for free or reduced priced school meals.
(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-subFl. Admin. Code R. 5P-3.001(1)(a)3.a. with its initial or renewal School Nutrition Program application as set out in subsection 5P-2.001(1), F.A.C. Upon determination of the Sponsor’s tier, the Sponsor will be approved to operate during the unanticipated school closure as set out in Fl. Admin. Code R. 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) For standalone unanticipated school closures, the department will expedite approval to provide emergency meals in accordance with Fl. Admin. Code R. 5P-2.001 for the Seamless Summer Option or subsection 5P-3.001(1), F.A.C., for the Summer Food Service Program, as needed, for the affected Sponsor upon submission of the written intent to serve emergency meals. The process set forth in paragraph (b) will not be applied for standalone unanticipated school closures.
(e) Location. Emergency meals during an unanticipated school closure must be served at the location and during the time(s) indicated in the Sponsor’s application for the Summer Nutrition Program. If the Sponsor is unable to serve meals at the location and during the time(s) indicated in the application, the Sponsor must submit a request to change the location or time and the reason for the change.
(f) Meal Pattern. All emergency meals served during an unanticipated school closure must meet the meal pattern requirements in 7 C.F.R. § 210.10 and 7 C.F.R. § 220.8 for Sponsors operating the Seamless Summer Option and 7 C.F.R. § 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 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-14858, and by email request to the department at InfoFNW@fdacs.gov. The meal pattern requirements in 7 C.F.R. § 210.10 and 7 C.F.R. § 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-14859, and by email request to the department at InfoFNW@fdacs.gov.
(g) Claims for Reimbursement. Sponsors must submit Claims for Reimbursement for emergency meals served during an unanticipated school closure in accordance with Rules 5P-2.004, for the Seamless Summer Option, and 5P-3.004, F.A.C. for the Summer Food Service Program. Sponsors that have been approved to serve emergency meals without a prior application must submit a complete Summer Food Service Program or Seamless Summer Option application to the department prior to the submission of its claim for reimbursement for the emergency meals served during the unanticipated school closure.
(h) Record Retention. Sponsors must maintain all records necessary to demonstrate compliance with the requirements in this rule, pursuant to 7 C.F.R. § 210.15 and 7 C.F.R. § 220.7(e)(13) for Sponsors operating the Seamless Summer Option, and 7 C.F.R. § 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-14860, 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 Fl. Admin. Code R. 5P-1.004(1)(a), from the Summer Food Service Program and are applying again to participate must be eligible as required by 7 C.F.R. § 225.14(b), previously incorporated in this rule, and this rule chapter, and must submit an application pursuant to Fl. Admin. Code R. 5P-3.001(1)(a), 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 Florida Statutes § 595.404. History-New 5-2-19, Amended 12-6-22.
Terms Used In Florida Regulations 5P-3.001
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
- Oversight: Committee review of the activities of a Federal agency or program.
- Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trustee: A person or institution holding and administering property in trust.
(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 http://www.flrules.org/Gateway/reference.asp?No=Ref-14852, and by email request to the department at InfoFNW@fdacs.gov. For the purposes of this program, a complete application includes:
1. All Sponsor Information as requested on the application;
2. All Site Information as requested on the application for at least one site; and
3. A management plan. The management plan must demonstrate financial capability, administrative capability, and program accountability for program operations and allow the department to determine in which of the three (3) operational tiers, as described in subsection 5P-3.002(2), F.A.C., the organization will be approved based on the information submitted. All information submitted as part of the management plan must be in the name of the organization listed on the application.
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-subFl. Admin. Code R. 5P-3.001(1)(a)3.b. The following information must be included with the management plan:
(I) The organization must indicate what financial resources it has and how long those financial resources have been available to the organization, whether the level, function or nature of the financial resources is expected to change during the program year and, if so, what impact the change will have on the organization’s financial capability.
(II) Organizations operating solely to administer the Summer Food Service Program and no other income generating venture, must provide verification that the organization has sources of funding other than the Summer Food Service Program to pay for the preparation of IRS filings for corporations, state corporate reporting requirements, and the cost of conducting required board meetings. Organizations with no available financial resources (e.g., cash, loans, closed-end lines of credit) other than the Summer Food Service Program shall be deemed not financially capable and ineligible to participate in the Summer Food Service Program.
b. The organization shall further demonstrate financial capability by providing the following documentation, which must be included with the organization’s management plan:
(I) Administrative and operational budgets that are necessary, reasonable, allowable, and allocable and include projected expenses;
(II) Twelve (12) consecutive months of financial institution statements for the organization’s most recent fiscal year and for the month prior to the submission of the application for all cash accounts in the name of the organization;
(III) All agreements for loans, lines of credit, revolving credit card accounts, non-cancelable leases, food service credit lines, and purchase commitments, each of which must be closed-end. Credit lines from food service distributors and food service management companies must be supported by a current executed contract that has been reviewed and approved by the department in accordance with Fl. Admin. Code R. 5P-3.003, and 2 C.F.R. part 200 prior to the line of credit being extended;
(IV) The organization’s most recent federal tax filing (e.g., Form 990), unless the organization is exempt from filing as a governmental entity; and
(V) Documentation to demonstrate eligibility to participate in one of the three tiers set out in sub-sub-subparagraph (A) through (C) below:
(A) In consideration for Tier 3, as defined in subsection 5P-3.002(2), F.A.C., complete financial statements, audited by a Certified Public Accountant, for the organization’s most recent fiscal year and the following: statement of financial position, statement of activities, statement of changes in net assets, statement of cash flows, and notes to financial statements, which all must conform to generally accepted accounting principles. Audited financial statements containing all statements and note disclosures required by generally accepted accounting principles, but which are titled differently from this list, shall be deemed to meet this requirement. From these documents, the following factors will be considered:
I. Assets exceeding liabilities (i.e., positive net assets or positive fund balance);
II. All accounts and transactions of the organization are included;
III. Debt does not exceed eighty (80) percent of total assets;
IV. Current asset/liability ratio of at least 1:1;
V. Transactions for Summer Food Service Program activities are separately identifiable either in the statement of activities or notes to financial statements; and
VI. Financial resources cover the costs of at least fifty (50) percent of expenses as indicated in the proposed budget – independent of any reimbursement from the department.
(B) In consideration for Tier 2, at a minimum, internally-prepared statements conforming to generally accepted accounting principles including at least the statement of financial position and statement of activities, or financial statements conveying substantially the same information, as required by generally accepted accounting principles, but are titled using different terms, for the organization’s most recent fiscal year from which the following factors will be considered:
I. Assets exceeding liabilities (i.e., positive net assets or positive fund balance);
II. All accounts and transactions of the organization are included;
III. Debt does not exceed eighty (80) percent of total assets;
IV. Current asset/liability ratio of at least 1:1; and
V. Financial resources cover at least twenty-five (25) percent of expenses as indicated in the proposed budget – independent of any reimbursement from the department.
(C) In consideration for Tier 1, at a minimum, a trial balance report including all statements of financial position and statement of activities that account for the organization’s most recent fiscal year from which the following factors will be considered:
I. The trial balance balancing to zero ($0);
II. Assets exceeding liabilities (i.e., positive net assets or positive fund balance);
III. All accounts and transactions of the organization are included;
IV. Debt does not exceed eighty (80) percent of total assets;
V. Current asset/liability ratio of at least 1:1; and
VI. Financial resources cover at least twenty-five (25) percent of expenses as indicated in the proposed budget – independent of any reimbursement from the department.
c. The organization has the administrative capability to participate in the Summer Food Service Program if it:
(I) Has not been declared Seriously Deficient by the department or terminated from the Summer Food Service Program or any other federal Child Nutrition Program in the previous seven (7) years. However, such an organization may be considered if the department determines that the organization has taken appropriate corrective actions to prevent recurrence of all deficiencies as prescribed in Fl. Admin. Code R. 5P-1.004(1)(a), and has repaid any outstanding debts owed to federal Child Nutrition Programs;
(II) Has written policies and procedures that assign Summer Food Service Program responsibilities and duties to officers, directors and staff of the organization, to include, at a minimum, an organizational chart, organizational mission statement and bylaws, written job descriptions on full-time and part-time positions, and ensure compliance with civil rights requirements;
(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 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 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) Staff-to-Children Ratio. The Summer Food Service Program staff-to-child ratio must be at least one staff person for every 25 children unless superseded by the minimum standards for the care of children in a licensed child care facility as established in Section 402.305(4)(a), F.S.
(IV) Provides an ongoing service to the community as evidenced by payroll records or timesheets.
d. To demonstrate program accountability, the organization’s management plan must provide evidence of how it meets the following criteria:
(I) Has oversight of the Summer Food Service Program by an independent governing board of directors that, at a minimum:
(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;
(B) Maintains board meeting minutes that document decisions made by the board including those concerning conflict of interest transactions;
(C) Is responsible for policy setting, fiscal guidance, and ongoing governance of the organization;
(D) Reviews the organization’s policies, programs, and budgets at a minimum on an annual basis;
(E) Approves decisions about compensation of employees and other parties providing services to the organization; and
(F) Possesses Summer Food Service Program knowledge and has operational oversight.
(II) Has a screening system in place to scrutinize any criminal convictions of board members which may disqualify them from performing Summer Food Service Program administrative functions; and
(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 http://www.flrules.org/Gateway/reference.asp?No=Ref-14853, 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) Accounting records that are supported by source documents;
(B) Records showing the source and application of funds and contain information pertaining to Program funds and income (e.g., authorizations, obligations, unobligated balances, assets, liabilities, and outlays);
(C) Accurate, current, and complete disclosures of the financial transactions of the program;
(D) Identification of each Summer Food Service Program expense as either an operating or administrative cost, including a consistent and rational basis for the proration of costs which benefit both the operation and administration of the Summer Food Service Program, and an approved direct cost base (subject to review by the department and FNS) for costs which benefit both the Summer Food Service Program and other activities of the Sponsor, such as occupancy and telephone services.
(E) Effective control over, and accountability for, all funds, property, and other program assets to assure that they are safeguarded and used solely for authorized purposes;
(F) A system of safeguards and controls is in place to prevent and detect improper financial activities by employees;
(G) A comparison of actual outlays against budgeted amounts;
(H) Organization-wide audits to determine, at a minimum, the fiscal integrity of financial transactions and reports, and compliance with laws, regulations, and administrative requirements;
(I) A systematic method to assure timely and appropriate resolution of all audit findings and recommendations (including organization-wide);
(J) Maintenance of appropriate records to document compliance with Summer Food Service Program requirements, including budgets, accounting records, approved budget amendments, management plans and appropriate records on Summer Food Service Program site operations;
(K) Regular training of administrative staff and site personnel as prescribed in subsection 5P-3.002(1), F.A.C.;
(L) Monitoring in accordance with 7 C.F.R. § 225.15(d)(2)-(3), as previously incorporated in this rule, to ensure that sites accountably and appropriately operate the Summer Food Service Program; and
(M) Documented practices that result in the operation of the Summer Food Service Program in accordance with the meal service, recordkeeping, and other operational requirements that demonstrate that sites will:
I. Provide meals that meet the meal patterns set forth in 7 C.F.R. § 225.16, previously incorporated in this rule;
II. Have a food service that complies with applicable State and local health and sanitation requirements;
III. Comply with civil rights requirements;
IV. Maintain complete and appropriate records on file; and
V. Claim reimbursement only for eligible meals.
4. Organizations are exempt from the requirements in subparagraph (1)(a)3. of this rule and will be approved to operate the Summer Food Service Program at Tier 3 unless the organization has been declared Seriously Deficient, as described in Fl. Admin. Code R. 5P-1.004(1)(a), in the year prior to the current year, if the following criteria are met:
a. The organization is audited on a predetermined, continual cycle with the Florida Auditor General and is a current participant in good standing in the National School Lunch Program; or
b. The organization is a local, municipal, county, or state government organization.
5. All supporting materials provided with or related to an application must be 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) Complete the Summer Food Service Program training with eighty (80) percent accuracy or higher prior to being approved for participation.
1. This training requirement is applicable for operation of the Summer Food Service Program at any time of the year in an area with a continuous school calendar.
2. The department waives this training requirement for operation of the Summer Food Service Program during unanticipated school closures during the period from October through April.
(2) Application Deadlines. Application deadlines for participation in the Summer Food Service Program are as follows:
(a) Applications are due March 15 for all organizations requesting an advance for June and/or July.
(b) Applications are due April 15 for all remaining organizations.
(c) Applications that remain incomplete after April 15 will remain unapproved and deactivated in the Florida Automated Nutrition System.
(3) Operational Tiers. Sponsors approved to operate the Summer Food Service Program will be designated to operate within the parameters for one of three tiers determined during the application process each year, unless exempt per subFl. Admin. Code R. 5P-3.001(1)(a)4.
(a) Tier 3 allows Sponsors to serve over 150,000 meals;
(b) Tier 2 allows Sponsors to serve up to 150,000; and
(c) Tier 1 allows Sponsors to serve up to 60,000 meals;
(d) A Sponsor may not include in the Claim for Reimbursement, and will not be reimbursed for, any meals served over the allowable amount for the tier in which the Sponsor is approved to operate.
(e) Only experienced sponsors will be permitted to operate above Tier 1 in the Summer Food Service Program. For the purposes of this rule, an experienced sponsor means a Sponsor that has successfully participated in the Summer Food Service Program for each of the prior three (3) consecutive years.
(f) Experienced sponsors will not be permitted to operate at Tier 2 if they have had any significant operational issues as defined in subparagraphs 5P-3.005(14)(e)1., F.A.C. through 5P-3.005(14)(e)8., F.A.C., or serious deficiencies as defined in sub-subparagraphs 5P-1.004(1)(a)1.a., F.A.C., through 5P-1.004(1)(a)1.k., F.A.C., while operating at a Tier 1, in their most recently conducted Administrative Review, Site Review, Site Visit, or Technical Assistance Visit.
(g) Experienced sponsors will not be permitted to operate at Tier 3 if they have had any significant operational issues as defined in subparagraphs 5P-3.005(14)(e)1., F.A.C. through 5P-3.005(14)(e)8., F.A.C., or serious deficiencies as defined in sub-subparagraphs 5P-1.004(1)(a)1.a., F.A.C., through 5P-1.004(1)(a)1.k., F.A.C., while operating at Tier 2 or Tier 3, in their most recently conducted Administrative Review, Site Review, Site Visit, or Technical Assistance Visit.
(h) Sponsors approved to participate in the Summer Food Service Program prior to January 1, 2022 will be approved to continue to operate in their respective Tier 2 or Tier 3 operational tiers if, based upon the Sponsor’s annual application, the department determines that the Sponsor has demonstrated capability to maintain that operational tier and if they have not had any significant operational issues as defined in subparagraphs 5P-3.005(14)(e)1., F.A.C. through 5P-3.005(14)(e)8., F.A.C., or serious deficiencies as defined in sub-subparagraphs 5P-1.004(1)(a)1.a., F.A.C., through 5P-1.004(1)(a)1.k., F.A.C., while operating at Tier 2 or Tier 3, in their most recently conducted Administrative Review, Site Review, Site Visit, or Technical Assistance Visit.
(4) Pre-approval Site Visits. In accordance with 7 C.F.R. § 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-14854, and by email request to the department at InfoFNW@fdacs.gov.
(a) If program compliance is confirmed during a pre-approval site visit, the organization will be approved to operate the Summer Food Service Program at that site.
(b) If program compliance is not confirmed during a pre-approval site visit, the department will allow the organization to make necessary changes, for that site, as identified by the department on form ‘Summer Food Service Program State Pre-Approval Site Visit’, FDACS-01735 Rev. 03/22, and request a technical assistance visit to follow-up on the changes made to bring the organization into compliance. If applicable deadlines have already lapsed for the current year, the organization cannot operate the Summer Food Service Program at the site.
1. If program compliance is confirmed during the technical assistance visit, the organization will be approved to operate the Summer Food Service Program at the site.
2. If program compliance is not confirmed during the technical assistance visit, the organization cannot operate the Summer Food Service Program at the site.
(5) Seriously Deficient Sponsors. Seriously Deficient Sponsors are Sponsors that were declared Seriously Deficient pursuant to Fl. Admin. Code R. 5P-1.004(1)(a) In accordance with 7 C.F.R. § 225.6(c)(2), previously incorporated in this rule, Sponsors reapplying for participation in the Summer Food Service Program that were declared Seriously Deficient in the year prior to the current year, must be eligible as required by 7 C.F.R. § 225.14(b), previously incorporated in this rule, and this rule chapter.
(6) Delinquent Sponsors. Sponsors that have outstanding debts to the department from previous fiscal action taken within the context of Child Nutrition Programs are not eligible to participate in the Summer Food Service Program.
(a) Sponsors that have outstanding debts with the department from previous fiscal action taken within the context of the Child Nutrition Programs and have not agreed upon a satisfactory repayment schedule with the department will be declared Seriously Deficient and terminated from the Summer Food Service Program in accordance with paragraphs 5P-3.006(3)(d), and 5P-1.004(1)(a), F.A.C., where appropriate.
(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) Transfer of Sites Between Sponsors. Sites may request to transfer to a different Sponsor if:
(a) A written request to transfer and justification is provided to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399 and to the Sponsor under which the Site is currently operating at least seven (7) calendar days before the anticipated date of transfer.
(b) The written request to transfer must include:
1. The current Sponsor’s name;
2. The requested new Sponsor’s name, and
3. The justification for the request to transfer. The justification must demonstrate good cause beyond the Site’s control for why the Site is requesting to be transferred. Good cause includes:
a. The population served will expand;
b. The quality of meal service will improve; or
c. The effectiveness of site operation will improve.
(c) If a Site experiences, at a minimum, two consecutive days where meals are not delivered by the Sponsor, or can document inconsistent deliveries, the Site is exempt from the time requirement in paragraph (a) of this subsection.
(8) Site Eligibility. Pursuant to 7 C.F.R. § 225.2, previously incorporated in this rule, to be eligible to participate in the Summer Food Service Program, an organization must be non-profit, which is defined as being tax exempt under section 501(a) of the Internal Revenue Code of 1986.
(a) A private, nonprofit organization or 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:
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 http://www.flrules.org/Gateway/reference.asp?No=Ref-14855, 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 C.F.R. § 1.509(a)-4, revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14856, 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 C.F.R. § 1.6033-2(h)(3), revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14857, and by email request to the department at InfoFNW@fdacs.gov.
4. A private, nonprofit organization or 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, as previously incorporated.
(b) The department will approve sites which are identified as for-profit locations if the sites meet all the following criteria:
1. The sites must be operated under an eligible public or private non-profit Sponsor;
2. The sites must operate as Open sites or Restricted Open sites;
3. The sites must be located in an area in which at least 50 percent of the children are from households that are eligible for free or reduced priced school meals;
4. The sites must make meals available to all children in the area and must serve meals to children on a first come, first served basis; and
5. The sites must serve all meals at no charge.
(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) Agreement. Each Sponsor approved to participate in the Summer Food Service Program must enter into a written agreement with the department, using the form entitled “”Child Nutrition Programs Agreement””, FDACS-01716 Rev. 06/19, incorporated in Fl. Admin. Code R. 5P-2.002
(10) Emergency Meal Service. In the event of an unanticipated school closure during the school year, the department will provide an expedited approval for Sponsors, as defined in Florida Statutes § 595.402(6), with current Child Nutrition Programs Agreement, if the Sponsor has previously indicated to the department its intent to provide such emergency meals.
(a) This intent to serve emergency meals during an unanticipated school closure must be designated in the Sponsor’s application to participate in a Summer Nutrition Program, and contain the following information:
1. A list of the sites that would be activated to serve emergency meals;
2. The contact person for the Sponsor regarding service of emergency meals;
3. The estimated number of children to be served;
4. Time(s) at which meals will be served; and
5. Type(s) of meals to be served (i.e., breakfast, lunch, snack, and/or supper).
Sponsors in good standing will be approved for participation during an unanticipated school closure without a prior application if the Sponsor participated in the Summer Food Service Program or Seamless Summer Option at any time during the current year or in the prior calendar year.
(b) The department will approve or deny Sponsors with current Child Nutrition Program Agreements for operation during the unanticipated school closure on a first come, first served basis, in the following order:
1. Sponsors that are exempt in accordance with subFl. Admin. Code R. 5P-3.001(1)(a)4. and Sponsors approved to operate a Tier 3 program who have not been declared Seriously Deficient in the current year or the year prior to the current year;
2. Sponsors approved to operate a Tier 2 program who have not been declared Seriously Deficient in the current year or the year prior to the current year when approved Sponsors operating a Tier 3 program and exempt Sponsors are not providing emergency meal service in all areas within a county in which at least 50 percent of the children are eligible for free or reduced priced school meals.
3. Sponsors approved to operate a Tier 1 program who have not been declared Seriously Deficient in the current year or the year prior to the current year when Sponsors operating a Tier 2 or Tier 3 program and exempt Sponsors are not providing emergency meal service in all areas within a county in which at least 50 percent of the children are eligible for free or reduced priced school meals.
(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-subFl. Admin. Code R. 5P-3.001(1)(a)3.a. with its initial or renewal School Nutrition Program application as set out in subsection 5P-2.001(1), F.A.C. Upon determination of the Sponsor’s tier, the Sponsor will be approved to operate during the unanticipated school closure as set out in Fl. Admin. Code R. 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) For standalone unanticipated school closures, the department will expedite approval to provide emergency meals in accordance with Fl. Admin. Code R. 5P-2.001 for the Seamless Summer Option or subsection 5P-3.001(1), F.A.C., for the Summer Food Service Program, as needed, for the affected Sponsor upon submission of the written intent to serve emergency meals. The process set forth in paragraph (b) will not be applied for standalone unanticipated school closures.
(e) Location. Emergency meals during an unanticipated school closure must be served at the location and during the time(s) indicated in the Sponsor’s application for the Summer Nutrition Program. If the Sponsor is unable to serve meals at the location and during the time(s) indicated in the application, the Sponsor must submit a request to change the location or time and the reason for the change.
(f) Meal Pattern. All emergency meals served during an unanticipated school closure must meet the meal pattern requirements in 7 C.F.R. § 210.10 and 7 C.F.R. § 220.8 for Sponsors operating the Seamless Summer Option and 7 C.F.R. § 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 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-14858, and by email request to the department at InfoFNW@fdacs.gov. The meal pattern requirements in 7 C.F.R. § 210.10 and 7 C.F.R. § 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-14859, and by email request to the department at InfoFNW@fdacs.gov.
(g) Claims for Reimbursement. Sponsors must submit Claims for Reimbursement for emergency meals served during an unanticipated school closure in accordance with Rules 5P-2.004, for the Seamless Summer Option, and 5P-3.004, F.A.C. for the Summer Food Service Program. Sponsors that have been approved to serve emergency meals without a prior application must submit a complete Summer Food Service Program or Seamless Summer Option application to the department prior to the submission of its claim for reimbursement for the emergency meals served during the unanticipated school closure.
(h) Record Retention. Sponsors must maintain all records necessary to demonstrate compliance with the requirements in this rule, pursuant to 7 C.F.R. § 210.15 and 7 C.F.R. § 220.7(e)(13) for Sponsors operating the Seamless Summer Option, and 7 C.F.R. § 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-14860, 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 Fl. Admin. Code R. 5P-1.004(1)(a), from the Summer Food Service Program and are applying again to participate must be eligible as required by 7 C.F.R. § 225.14(b), previously incorporated in this rule, and this rule chapter, and must submit an application pursuant to Fl. Admin. Code R. 5P-3.001(1)(a), 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 Florida Statutes § 595.404. History-New 5-2-19, Amended 12-6-22.