Fla. Admin. Code Ann. R. 5P-2.001 - Program Participation

Each School Food Authority, as defined in 7 CFR 210.2, participating in or applying to participate in a School Nutrition Program, as defined in subsection 5P-1.001(1), F.A.C., and each participating Sponsor, must meet the applicable standards established by the United States Department of Agriculture as provided in 2 CFR 200, 7 CFR 15, 15a, 15b, 16, 7 CFR 210, 7 CFR 220, 7 CFR 245 and 7 CFR 250, all revised as of January 1, 2022, and which are hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15737, and by email request to the Department at InfoFNW@fdacs.gov, chapter 595, Florida Statutes, and this rule chapter. A School Food Authority participating in the Summer Food Service Program, as defined in Rule 5P-1.001, F.A.C., must also comply with the standards provided in 7 CFR 225 as incorporated in Rule 5P-3.001, F.A.C.

(1) School Nutrition Program Application. An official of a School Food Authority must submit to the Department a complete application online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled "School Nutrition Programs Application", FDACS-01951 Rev. 05/23, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15738, and by email request to the Department at InfoFNW@fdacs.gov.

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

1. School Food Authority Information;

2. A listing of Sponsor Officials;

3. Policy Information;

4. Residential Child Care Institution Information as applicable;

5. Procurement Procedures;

6. Civil Rights Information;

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

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

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

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

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

(a) Any school in which a School Food Authority desires to operate a School Nutrition Program must meet the definition of "school" as defined in 7 CFR 210.2, and as further defined in FNS Instruction 776-7, Rev. 1, Form FNS-620 (10/81), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15739, and by email request to the Department at InfoFNW@fdacs.gov.

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

(c) For the purposes of this rule, a public or private nonprofit authority has been legally constituted to perform a service function for schools if it is an educational service agency as defined in 20 U.S.C. § 7801(18), as amended on December 10, 2015, and which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15740, and by email request to the Department at InfoFNW@fdacs.gov, or a consortium of those agencies or it is a regional consortium service organization as defined in section 1001.451, F.S.

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

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

a. Provide to the Department a group exemption letter from the Internal Revenue Service that demonstrates its relationship to the church or religious organization pursuant to Revenue Procedure 80-27, 1980-1 C.B. 677, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15741, and by email request to the Department at InfoFNW@fdacs.gov; or

b. Establish that it is affiliated by providing documentation to the Department that demonstrates the school is operated, supervised, or controlled by or in connection with the church, a convention or association of churches, or religious organization as defined in 26 CFR 1.509(a)-4, revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15742, and by email request to the Department at InfoFNW@fdacs.gov; or

c. Provide information to the Department demonstrating that it is otherwise affiliated with the church or religious organization based upon relevant facts and circumstances as specified in 26 CFR 1.6033-2(h)(3), revised as of April 1, 2020, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15743, and by email request to the Department at InfoFNW@fdacs.gov.

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

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

(4) Agreement. Each School Food Authority approved to participate in the School Nutrition Program must enter into a written agreement with the Department, using the form entitled "Child Nutrition Programs Agreement", FDACS-01716 Rev. 06/23, incorporated in Rule 5P-1.004, F.A.C.

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

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

(b) The use of balance sheet account numbers and fund and expenditure account numbers for organizations subject to the Financial and Program Cost Accounting and Reporting for Florida Schools (2021) Manual, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-15744, and by email request to the Department at InfoFNW@fdacs.gov, to indicate what income and expenses are for the benefit of the School Nutrition Program if the account is used for other Child Nutrition Programs as defined in Rule 5P-1.001 (3), F.A.C.

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

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

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

Notes

Fla. Admin. Code Ann. R. 5P-2.001

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

Adopted by Florida Register Volume 49, Number 163, August 22, 2023 effective 9/5/2023.

New 9-5-23.