Fla. Admin. Code Ann. R. 5P-3.002 - Program Responsibilities

(1) Training. Each year, upon approval to operate the Summer Food Service Program, the Sponsor must hold training sessions for its administrative staff prior to the first day of program operations. Additionally, each year the Sponsor must hold training sessions for site personnel prior to the first day of each site's program operation. Training of site personnel must, at a minimum, include: the purpose of the Summer Food Service Program, civil rights as indicated in section XI of FNS Instruction 113-1 FNS-620 (1-99), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10342, and by email request to the department at InfoFNW@fdacs.gov, site eligibility, recordkeeping, site operations, meal pattern requirements, and the duties of a monitor as prescribed in 7 CFR 225.15(d), incorporated in Rule 5P-3.001, F.A.C.

(2) Site Information. Sponsors must submit any additional site information or changes to current site information requested on the application not less than two business days prior to the implementation of the additional or updated site information submitted. Sponsors requesting to operate a Summer Food Service Program site at a School Food Authority school as defined in subsection 5P-2.001(1), F.A.C. must provide to the department a letter of permission from that School Food Authority's nutrition service department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399.

(3) Pre-operational Visits. Prior to Summer Food Service Program operations, Sponsors must conduct a pre-operational visit of all sites that did not operate the Summer Food Service Program or any sites that had deficiencies noted, by the department or the Sponsor, in the year prior to the current year. These visits are to determine that the sites have the facilities to provide meal service for the anticipated number of children in attendance and the capability to conduct the proposed meal service. The Sponsor must indicate what, if any, improvements or corrective actions are needed and must address the needed improvements or corrective actions before the site can be approved for operation. Sponsors must provide the department written documentation of a completed pre-operational visit when requested. These pre-operational visits are not the same as the site visit conducted during the first week of program operations as required in 7 CFR 225.15(d)(2), incorporated in Rule 5P-3.001, F.A.C.

(4) Site Supervision. The Sponsor must identify at least one site supervisor for each proposed site. No site will be permitted to operate until its site supervisor has attended a Summer Food Service Program training session conducted by the Sponsor. A site supervisor must be present at each meal service.

(5) Meal Service. Pursuant to 7 CFR 225.15(d)(3), Sponsors must review food service operations at each site at least once during the first four weeks of Summer Food Service Program operations. Sponsors must complete the site review using the form entitled "Summer Food Service Program Sponsor Site Review", FDACS-01926 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10337, and by email request to the department at InfoFNW@fdacs.gov.

(a) Sponsors must serve meals that meet the meal patterns prescribed in 7 CFR 225.16(d), incorporated in Rule 5P-3.001, F.A.C. Exceptions to the meal pattern requirements are permitted as follows:

1. Sponsors may serve food in smaller quantities than are indicated in 7 CFR 225.16(d) to children under six (6) years of age. The Sponsor must ensure that variations in portion size are in accordance with the age levels of the children served.

2. Sponsors wanting to serve children under one (1) year of age must first request approval to do so from the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled "Request to Serve Infant Meals", FDACS-01849 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10335, and by email request to the department at InfoFNW@fdacs.gov.

(b) When serving food in smaller quantities than are indicated in 7 CFR 225.16(d), the Sponsor must follow the age-appropriate meal pattern requirements contained in 7 CFR 226.20(b), revised as of January 1, 2021, which is hereby adopted and incorporated by reference and made available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14861, and by email request to the department at InfoFNW@fdacs.gov.

(c) Meals must be counted at the point of service (i.e., meals are counted as they are served) using either tally marks or a counting device to ensure that an accurate count of meals served is obtained and reported.

(d) Summer Food Service Program meals may not be served between the hours of 8:00 p.m. and 6:00 a.m. (EST). Pursuant to 7 CFR 225.16, previously incorporated in Rule 5P-3.001, F.A.C., supper meal service may not begin later than 7:00 p.m. (EST).

(e) If the Sponsor plans to provide meal service to children away from the approved site, the Sponsor must submit to the department, online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, notification of any field trip that would affect the time and location of meal service using the form entitled "Summer Nutrition Programs Field Trip Schedule, " FDACS-01877 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10336, and by email request to the department at InfoFNW@fdacs.gov. Notification must be made forty-eight (48) hours prior to date of the field trip.

(6) Audit Requirements. Sponsors that expend $750, 000 or more during the fiscal year in federal awards must have a single audit conducted for that year in accordance with Subpart F - Audit Requirements of 2 CFR 200, incorporated in Rule 5P-3.001, F.A.C.

(a) In determining whether $750, 000 in federal awards have been expended, the Sponsor must combine the value of USDA Foods received as determined by the United States Department of Agriculture (USDA), all reimbursements received for meals served to eligible children as a part of the School Nutrition Programs, if applicable, Summer Food Service Program, and all other federal awards as defined in 2 CFR 200.38, incorporated in Rule 5P-3.001, F.A.C. Sponsors may obtain the value of USDA Foods received by accessing the Web-Based Supply Chain Management website at https://www.eauth.usda.gov/Login/login.aspx or by calling the department toll-free at (800)504-6609.

(b) A copy of the audit report must be submitted to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within nine (9) months after the end of the audit period.

(c) If any issues related to the Summer Food Service Program are noted in the audit report, and require correction, the department will provide a plan to the Sponsor to correct all said issues. The Sponsor will have thirty (30) calendar days from the date of receipt of this plan to address each issue noted.

(7) Non-Profit Food Service Account. Sponsors must establish and maintain a financial system for accurately identifying program funds, to include:

(a) A separate financial institution account for Summer Food Service Program funds where all income and expenses must be for the benefit of the Summer Food Service Program. Failure to maintain such records shall be grounds for denial of reimbursement for meals served;

(b) The use of balance sheet account numbers and fund and expenditure account numbers for Sponsors subject to the Financial and Program Cost Accounting and Reporting for Florida Schools (2021) Manual, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14862, and by email request to the department at InfoFNW@fdacs.gov, to indicate what income and expenses are for the benefit of the Summer Food Service Program if the account is used for other Child Nutrition Programs as defined in subsection 5P-1.001(3), F.A.C.; or

(c) Sponsors subject to the Uniform Accounting System Chart of Accounts pursuant to Section 218.33(2), F.S., shall use uniform accounting practices and procedures, including fund groups, account codes, object codes, and sub-object codes, to indicate what income and expenses are for the benefit of the Summer Food Service Program if the account is used for any purpose outside of the Summer Food Service Program.

(d) Unallowable expenses charged to the Summer Food Service Program account or improperly coded to the Summer Food Service Program identified by the department, including during the application process, must be repaid to the Summer Food Service Program account or reallocated to a different account number.

(8) Salary Restrictions. Salaries paid to employees who operate and administer the Summer Food Service Program must be based upon hourly rates that are reasonable for the services provided and documented by payroll records.

(a) To ensure compensation is reasonable, Sponsors should ensure salaries are consistent with compensation paid for similar work as reported by the U.S. Department of Labor, Bureau of Labor Statistics (BLS).

(b) The service industry within the BLS most closely aligned with Summer Food Service Program functions is the "Social Assistance" service industry. To establish employee salaries, Sponsors must use the BLS Occupational Employment Estimates for Florida for the following Standard Occupational Classification codes within the Social Assistance industry most closely aligned to the Official Types delineated below and in the Florida Automated Nutrition System's Budget Module:

1. Occupational Code: 11-1021 - General and Operations Managers; Official Types:

a. Administrator

b. Director

2. Occupational Code: 13-1041 - Compliance Officers; Official Types:

a. Program/Claims Specialist

b. Monitor(s)

3. Occupational Code: 35-1012 - First-Line Supervisors of Food Preparation and Serving Workers; Official Type - Site Supervisors(s)

4. Occupational Code: 35-2012 - Cooks, Institution and Cafeteria; Official Type - Cooks

5. Occupational Code: 35-2021 - Food Preparation Workers; Official Type - Food Service Staff

6. Occupational Code: 37-2011 - Janitors and Cleaners, Except Maids and Housekeeping Cleaners; Official Type - Custodian

7. Occupational Code: 43-3031 - Bookkeeping, Accounting, and Auditing Clerks; Official Type - Bookkeeper

8. Occupational Code: 53-3058 - Passenger Vehicles Drivers, Except Bus Drivers Transit and Intercity; Official Type - Driver

(c) The median hourly salary for each occupational code should be used to determine the maximum salary to be paid to Summer Food Service Program employees.

(d) All salaries paid to Summer Food Service Program employees utilizing Program funds must be adjusted, where necessary, as to not exceed the salary limits. If the Sponsor pays salaries higher than the BLS Occupational Employment Estimates, it must use non-Program funds to pay the additional salary.

(e) The salaries associated with employees who work only a portion of their time for the Summer Food Service Program must be prorated based on the hours worked for the program. In order to establish the portion of costs which may be claimed as program related, a daily log or other valid record must document the amount of time spent by each person on Summer Food Service Program food service duties.

(f) The salary restrictions imposed in this section are not applicable to organizations that are exempt as specified in subparagraph 5P-3.001(1)(a) 4., F.A.C.

(9) Consultants. In accordance with 7 CFR 225.15(a)(3), Sponsors may not contract out for the management responsibilities of the Summer Food Service Program.

(a) Fees paid to a consultant for the performance of management responsibilities of the Summer Food Service Program shall be deemed an unallowable expense.

(b) Management responsibilities are described in 7 CFR 225.15.

Notes

Fla. Admin. Code Ann. R. 5P-3.002

Rulemaking Authority 570.07(23), 595.404 (4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS.

Adopted by Florida Register Volume 45, Number 074, April 16, 2019 effective 5/2/2019, Amended by Florida Register Volume 48, Number 227, November 22, 2022 effective 12/6/2022.

New 5-2-19, Amended 12-6-22.