reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.134 - Schools or Training Facilities, License Application; Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) Schools or Training Facilities. All
				persons or business entities desiring to operate a security officer school or
				training facility, or recovery agent school or training facility, shall make
				application for licensure as required by Sections
				493.6304 and
				493.6406, F.S., using form
				DACS-16003, Application For Class "DS" Security Officer School or Training
				Facility License and Class "RS" Recovery Agent School or Training Facility
				License, revised (04/2017), which is hereby incorporated by reference and can
				be obtained at
http://www.flrules.org/Gateway/reference.asp?No=Ref-08477
,
				or from the Division of Licensing at the addresses listed in Rule
				5N-1.100, F.A.C., of this
				chapter. A license for a school or training facility is valid only for the
				training site, facility, or branch office named on the license unless
				transferred pursuant to subsection (2) of this rule.
(2) In the event a licensed school or
				training facility changes location, the licensee shall submit notification to
				the division, in writing, within 10 days of such change providing the date that
				instruction will commence, the street address or physical location, and city of
				the primary building in which classes will be conducted. Within 30 days of
				receipt of the submission, the division will provide an updated license
				recognizing the new location. The division will examine the submission to
				determine if it is in continued compliance with the requirements of the law and
				these rules and shall conduct inspections to assist the school in meeting
				compliance as necessary.
(3)
				Exemptions.
(a) Public educational facilities
				which are a part of the State University System, or are operated by a community
				college board of trustees under statutory authority and rules of the State
				Board of Education, or by a district school board, and area vocational schools
				shall be exempt from all requirements of this rule, except the filing of form
				DACS-16003, Application For Class "DS" Security Officer School or Training
				Facility License and Class "RS" Recovery Agent School or Training Facility
				License, revised (04/2017).
(b)
				Instructors who are full-time faculty members and who teach security officer or
				recovery agent classes shall be exempt from licensure if they teach exclusively
				for public educational facilities referred to in paragraph (3)(a),
				above.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.138 - School Staff; Licensing Requirements; Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Schools and training facilities shall
				employ instructors who have been licensed by the division or are exempt by
				subsection 5N-1.134(3),
				F.A.C. Any person is qualified for licensure as an instructor pursuant to
				Chapter 493, F.S., who submits Form DACS-16014 as incorporated in Rule
				5N-1.100, F.A.C.:
(a) Has attained at least 18 years of age;
				and,
(b) Can evidence a high school
				diploma or GED certificate; and,
(c) For Class "DI" licensure, is licensed as
				a Class "D" security officer and has been so licensed not less than 3 years
				within the 5-year period immediately preceding application. For Class "RI"
				licensure, is licensed as a Class "E" recovery agent and has been so licensed
				not less than 3 years within the 5-year period immediately preceding
				application, or is licensed as a Class "MR" recovery agent manager, and has
				been so licensed for not less than 1 year.
(d) For Class "DI" licensure, can evidence an
				associate degree from a junior college or community college with a major course
				of study in criminology, criminal justice, police science, or other course of
				study related to law enforcement or security and is current licensed as a
				security officer and has been so licensed for not less than 1 year; or can
				evidence a bachelor's, master's, or doctorate degree from a college or
				university with a major course of study in education, criminology, criminal
				justice, police science, law or other course of study related to law
				enforcement or security; or
(e) For
				Class "DI" licensure, can evidence a certificate of completion from a federal,
				state, county or municipal law enforcement academy or training facility which
				is comparable in hours and curriculum to the training established by the
				Florida Criminal Justice Standards and Training Commission or the Department of
				Education as acceptable to meet law enforcement officer, correctional officer
				or correctional probation officer minimum standards; or
(f) For Class "DI" licensure, can evidence
				having served not less than 1 year on active duty as a military policeman,
				security police officer, or in other military law enforcement duty;
				or
(g) For Class "DI" licensure -
				is currently licensed as a Class "M" office manager or a Class "MB" security
				office manager and is serving or has served in a licensed management
				position.
(h) For Class "RI"
				licensure, can evidence a bachelor's, master's, or doctorate degree from a
				college or university with a major course of study in education, finance,
				criminology, criminal justice, police science, law or other course of study
				related to law enforcement or financial management.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.142 - Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Hire and
				Termination of Employee(s).
(a) Within 15 days
				of hire or termination of any employee who has applied for or holds a license
				regulated under Chapter 493, F.S., each agency shall make notification to the
				department providing the information herein.
(b) Notification shall be made electronically
				through submission of an Employee Action Report using the division's licensing
				information and alert system portal located at the following website address:
https://licensing.fdacs.gov/EAR/earlogin.aspx
.
(c) Upon the hire of an employee, an agency
				must submit the employee's license number and hire date.
(d) Upon the termination of an employee, an
				agency must submit the employee's license number, agency contact name and phone
				number, date of termination (or resignation), cause for termination, and county
				where incident occurred, if applicable. The county where the incident occurred
				is required if a violation of Chapter 493, F.S. was the basis for
				termination.
(e) In the event an
				agency is reporting the hire or termination of an employee who has submitted an
				application, in addition to paragraphs (1)(c) and (d), the agency must also
				submit the individual's name, social security number and temporary license
				type.
(f) Sections
				493.6105,
				493.6304, and
				493.6406, Florida Statutes
				(F.S.), in conjunction with Section 119.071(5)(a)2., F.S., mandate that the
				Department of Agriculture and Consumer Services, Division of Licensing, obtain
				Social Security numbers from applicants. Applicant Social Security numbers are
				maintained and used by the Division of Licensing for identification purposes,
				to prevent misidentification, and to facilitate the approval process by the
				division. The Department of Agriculture and Consumer Services, Division of
				Licensing, will not disclose an applicant's Social Security number without
				consent of the applicant to anyone outside of the Department of Agriculture and
				Consumer Services, Division of Licensing, or as required by law. [See Chapter
				119, F.S., 15 U.S.C. ss.
				1681 et seq.,
				15 U.S.C. ss.
				6801 et seq.,
				18 U.S.C. ss.
				2721 et seq.,
				Pub. L. No.
				107-56 (USA Patriot Act of 2001), and Presidential
				Executive Order 13224.]
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 5O-1.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 377.804(3), 377.806(7), 220.192(3) FS.
					 Law Implemented 377.801,
					 377.802,
					 377.803,
					 377.804,
					 377.806,
					 220.192
					 FS.
New 10-22-07, Formerly
					 62-16.100,
					 27N-1.100, Repealed
					 10-18-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 5O-1.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The words, terms, and phrases used in this chapter, unless
				  otherwise indicated, shall have the meaning set forth in section
				  377.803, F.S. In addition, when
				  used in this chapter, the following words, phrases, or terms, shall have the
				  following meanings:
(1) "Total Project
				Costs" means grant funds requested plus applicant match.
(2) "Department" means the Florida Department
				of Agriculture and Consumer Services.
(3) "Matching Funds or Other In-Kind
				Contributions" means:
(a) Actual cash outlays
				contributed, including, but not limited to, cash outlays for wages, rental
				expenses, travel expenses, unrecovered indirect costs, and purchases of
				material and supplies, as a direct benefit to the project; or,
(b) Non-cash contributions necessary and
				reasonable for proper and efficient accomplishment of project objectives, the
				value of which must be established using the following guidelines:
1. Rates for donated or volunteer services of
				any person must be consistent with their regular rate of pay, or the rate of
				pay of those paid for similar work at a similar level of experience in the
				labor market, including the value of fringe benefits.
2. The value of donated expendable property
				such as office supplies or workshop supplies must not exceed the fair market
				value of the property.
3. The value
				of donated real property such as land must not exceed the fair market value of
				the property.
4. Donated space must
				be valued at fair rental value of comparable space and facilities in a
				privately-owned building in the same locale.
5. The value of loaned equipment cannot
				exceed its fair rental value.
6.
				In-kind travel expense must be valued at the approved State of Florida rate as
				specified in Section 112.061,
				F.S.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 5O-1.003 - Renewable Energy and Energy Efficient Technologies Grants Program

Current through Reg. 50, No. 138; July 16, 2024
(1) REQUEST FOR GRANT PROPOSALS.
(a) The department shall issue a Notice of
				Funding Availability (NOFA), which shall include a copy of the grant
				application form, instructions for submission of the grant application, the
				application submittal deadline, description of ranking and point system, and
				contact information for the department.
(b) The NOFA shall be issued by publication
				in the Florida Administrative Register and on the department's
				website.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 5O-1.004 - Solar Energy Systems Incentives Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 377.806(7) FS. Law Implemented
					 377.801, 377.802, 377.803, 377.806 FS.
New 10-22-07, Formerly
					 62-16.500,
					 27N-1.500, Repealed
					 10-20-14.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 5O-1.005 - Renewal Energy Technologies Investment Tax Credit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 220.192(3) FS. Law Implemented 220.192
					 FS.
New 10-22-07, Formerly
					 62-16.600,
					 27N-1.600, Repealed
					 10-18-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 5O-1.006 - Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 220.192(3),
					 377.804 (3),
					 377.806 (7) FS. Law Implemented
					 377.804, 377.806, 220.192
					 FS.
New 10-22-07, Formerly
					 62-16.900,
					 27N-1.900, Repealed
					 10-18-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-1 - RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY › Section 5O-1.007 - Florida ENERGY STAR Appliance Rebate Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 377.807 FS. Law Implemented 377.807
					 FS.
New 3-11-10, Formerly
					 27N-3.001, Repealed
					 10-18-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-2 - RENEWABLE ENERGY TECHNOLOGY AND PRODUCTION TAX INCENTIVE PROGRAMS › Section 5O-2.002 - Florida Renewable Energy Technologies Investment Tax Credit

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				220.192, F.S., this rule allows
				an eligible taxpayer to seek a credit for corporate income taxes in an amount
				equal to 75 percent of all eligible costs. Eligible costs are capital costs,
				operation and maintenance costs, and research and development costs incurred
				between July 1, 2012, and June 30, 2016, made in connection with an investment
				in the production, storage, and distribution of biodiesel (B10-B100), as
				defined in Rule 5F-2.001, F.A.C., ethanol
				(E10-E100), as defined in Rule
				5F-2.001, F.A.C., and other
				renewable fuel in the state as defined in Section
				220.192, F.S. This rule does not
				apply to the tax return filing process regulated by the Florida Department of
				Revenue.
(a) Capital costs include fixed,
				one-time expenses incurred on the purchase of land, buildings, construction,
				and equipment for the production, storage, and distribution of biodiesel
				(B10-B100), ethanol (E10-E100), and other renewable fuel in the State of
				Florida.
(b) Operation and
				maintenance costs include the expenses that are directly related to the process
				of producing, storing, or distributing biodiesel (B10-B100), ethanol
				(E10-E100), and other renewable fuel in the State of Florida.
(c) Research and development costs include
				expenses associated with the investigation and testing for developing a new or
				improved product or process.
(d)
				Costs without a direct connection to the production, storage, and distribution
				of biodiesel (B10-B100), ethanol (E10-E100), and other renewable fuel are not
				eligible costs under this rule. Examples include expenses related to telephones
				and cell phones, cleaning products or cleaning services, paper products, food,
				beverage, office supplies, lodging, per diem, and automobiles that are not used
				to transfer a renewable fuel or feedstock.
(e) Costs that have been previously submitted
				by the applicant, or another applicant, and approved by the Office for a
				Florida Renewable Energy Technologies Investment Tax Credit, are not eligible
				costs under this rule.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-5 - RENEWABLE ENERGY › Section 5O-5.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this rule chapter, the definitions in
				  Section 377.602, F.S., and the following
				  shall apply:
(1) "Department" means
				the Florida Department of Agriculture and Consumer Services
(2) "Electric Utility" shall have the same
				meaning as defined in Rule
				25-22.070, F.A.C., effective
				11/10/1997, hereby incorporated by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14594
.
				The incorporated material is also available from the Department at 407 South
				Calhoun Street, Tallahassee, FL 32399.
(3) "Renewable Energy" shall have the same
				meaning as defined in Section
				366.91,
				F.S.
Rulemaking Authority 377.603(3), 570.07(23) FS. Law
					 Implemented 377.603, 377.703 FS.
New 8-9-22.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-5 - RENEWABLE ENERGY › Section 5O-5.002 - Statewide Renewable Energy Goals

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				377.703(2)(h)1., F.S., authorizes the Department to establish goals and
				strategies to increase the use of renewable energy in Florida. Pursuant to this
				authority, the Department hereby establishes the following statewide renewable
				energy goals. Each Electric Utility that produces or purchases energy should
				seek to achieve an increase in the amount of renewable energy produced or
				purchased to at least:
(a) 40% renewable
				energy by 2030;
(b) 63% renewable
				energy by 2035;
(c) 82% renewable
				energy by 2040;
(d) 100% renewable
				energy by 2050;
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-5 - RENEWABLE ENERGY › Section 5O-5.003 - Renewable Energy Data Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Pursuant to Sections 377.603 and
				377.604, F.S., no later than the
				first Wednesday of May each year, each Electric Utility subject to the filing
				requirements of subsection
				25-22.071(1),
				F.A.C. shall submit to the Department its 10-year site plan, prepared pursuant
				to Section 186.801, F.S., and submitted to
				the Public Service Commission. The plan shall be submitted to the Department
				via email to Energy@FDACS.gov. Rule
				25-22.071, F.A.C., effective
				11/10/1997, is hereby incorporated by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14595
.
				The incorporated material is also available from the Department at 407 South
				Calhoun Street, Tallahassee, FL 32399.
(2) The information submitted to the
				Department is subject to the limitations of Section
				377.606, F.S.
(3) Willful failure to submit the 10-year
				site plan to the Department is a violation of Section
				377.607,
				F.S.
Rulemaking Authority 377.603(3), 570.07(23) FS. Law
					 Implemented 377.603, 377.604, 377.607
					 FS.
New 8-9-22.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5O - Office of Energy › Chapter 5O-5 - RENEWABLE ENERGY › Section 5O-5.004 - Department Actions

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				shall submit comments, in accordance with paragraph
				25-22.071(3)(c),
				F.A.C., on each Ten-Year Site Plan submitted by an Electric Utility to the
				Public Service Commission including an evaluation the capability of the
				Ten-Year Site Plan to achieve the goals adopted in this rule chapter.
(2) The Department shall monitor each
				Electric Utility's progress toward the goals adopted in this rule chapter and
				shall include its findings and recommendations as an addendum to its annual
				report to the Governor and Legislature required by Section
				377.703,
				F.S.
Rulemaking Authority 377.603(3), 570.07(23) FS. Law
					 Implemented 377.603, 377.703 FS.
New 8-9-22.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-1 - NUTRITION ASSISTANCE PROGRAMS, GENERALLY › Section 5P-1.002 - Appeals

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				595.404, F.S. exempts the
				department from Sections
				120.569 and
				120.57 -
				120.595, F.S. Therefore, parties
				seeking administrative review of proposed agency action by the department shall
				follow the rules outlined herein.
(2) The department shall take agency action
				against Sponsors, Recipient Agencies, or Food Service Management Companies in
				connection to eligibility and the operation of Child Nutrition Programs, Food
				Distribution Programs, and Farmers' Market Nutrition Programs by issuance of a
				Notice of Action. The Notice of Action shall state the grounds upon which the
				department's agency action is based and state that the Sponsors, Recipient
				Agencies, or Food Service Management Companies have the right to appeal the
				agency action. The Notice of Action shall be sent by certified mail, (or its
				equivalent), by email or facsimile to the last known mailing address, facsimile
				number, or email address. If the notice is undeliverable, it is considered to
				be received by the Sponsor five (5) calendar days after being sent to the
				Sponsor's last known mailing address, facsimile number, or email
				address.
(3) The following agency
				actions are appealable:
(a) A denial of an
				application for participation;
(b)
				A denial of a Sponsor's request for an advance payment;
(c) A denial of a Sponsor's claim for
				reimbursement (except for late submission under
				7 CFR
				225.9(d)(6));
(d) The department's refusal to forward to
				FNS an exception request by the Sponsor for payment of a late claim or a
				request for an upward adjustment to a claim;
(e) A claim against a Sponsor or Recipient
				Agency for remittance of a payment;
(f) The termination of the Sponsor, Recipient
				Agency, or a Site;
(g) A denial of
				a Sponsor's application for a Site; or
(h) The imposition of an administrative
				fine.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-1 - NUTRITION ASSISTANCE PROGRAMS, GENERALLY › Section 5P-1.003 - Responsibilities for the School Food Service Program (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 595.404(4), (10), (11) FS.
					 Law Implemented 595.404 FS.
New 3-26-66, Amended 4-17-72, 4-19-73, 10-20-73, 6-17-74,
					 Repromulgated 12-5-74, Amended 5-4-76, 10-18-77, 12-11-79, 1-7-81, 7-28-81,
					 9-23-81, 6-28-83, 10-15-84, 7-10-85, Formerly 6A-7.42, Amended 5-3-88, 5-16-90,
					 6-30-92, Formerly 6A-7.042, Amended 10-11-99, 1-25-00, Formerly 6-7.042,
					 6A-7.0411, Amended 9-24-14,
					 6-21-18, Transferred to
					 5P-2.002.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-1 - NUTRITION ASSISTANCE PROGRAMS, GENERALLY › Section 5P-1.005 - Supervision and Administration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 1006.06(2) FS. Law Implemented
					 1006.06, 1006.0605, 1006.0606 FS.
New 3-26-66, Amended 4-11-70, 4-19-73, Repromulgated
					 12-5-74, Amended 7-28-81, 6-28-83, Formerly 6A-7.45,
					 6A-7.045, Repealed
					 6-21-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-2 - SCHOOL NUTRITION PROGRAMS › Section 5P-2.001 - Program Participation

Current through Reg. 50, No. 138; July 16, 2024
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.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-2 - SCHOOL NUTRITION PROGRAMS › Section 5P-2.002 - Program Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
(1) Meal
				Service Times. School Nutrition Program lunches must be served in accordance
				with the timing requirements specified in
				7 CFR
				210.10(l)(1), incorporated
				in Rule 5P-2.001, F.A.C. Schools must
				offer breakfasts meeting the requirements of
				7 CFR
				220.8(l)(1), incorporated in
				Rule 5P-2.001, F.A.C., at or near the beginning of the school day. Schools must
				provide sufficient meal periods that are long enough to give all students time
				to be served and to eat their meals.
(2) Break Out Meal Service. Sponsors must
				obtain prior approval from the Department to serve lunch to children ages 1
				through 4 over two service periods. To obtain approval from the Department, a
				Sponsor must submit a request in writing online at
https://fans.FDACS.gov
, or by mail
				to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled
				"Request to Break Out Meal Service", FDACS-01950 12/18, which is hereby
				incorporated by reference and available online at
https://www.flrules.org/gateway/reference.asp?No=Ref-15745
,
				and by email request to the Department at InfoFNW@fdacs.gov. Requests must be
				received by the Department at least fourteen (14) calendar days prior to the
				requested date the two service periods are to take effect. The Department will
				approve a Sponsor to serve lunch to children ages 1 through 4 over two service
				periods upon receipt of a completed form providing the information requested
				therein.
(3) Point of Service. Meal
				counts must be taken by the Sponsor daily at the point of service in accordance
				with 7 CFR
				210.7(c)(1) through (2),
				incorporated in Rule 5P-2.001, F.A.C.
(a)
				Sponsors must obtain prior approval from the Department to implement an
				alternative point of service. To obtain approval for an alternative point of
				service, a Sponsor shall submit a request for approval to the Department online
				at
https://fans.FDACS.gov
, or by
				mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form
				entitled "Alternative Point of Service Request", FDACS-01912 Rev. 12/18, which
				is hereby incorporated by reference and available online at
https://www.flrules.org/gateway/reference.asp?No=Ref-15746
,
				and by email request to the Department at InfoFNW@fdacs.gov.
(b) The Department will approve a Sponsor's
				request for an alternative point of service if the information provided in the
				request for approval demonstrates the proposed alternative point of service
				will provide an accurate and reliable count of the number of lunches, by type,
				served each day, to eligible children as required by
				7 CFR
				210.7(c)(2).
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-2 - SCHOOL NUTRITION PROGRAMS › Section 5P-2.003 - Procurement Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Contracts. All
				Sponsor contracts for goods or services for the School Nutrition Programs must
				be procured and executed in compliance with the procurement standards outlined
				in 7 CFR
				210.21,
				7 CFR
				220.16 and 2 CFR 200, incorporated in Rule
				5P-2.001, F.A.C.
(a) Pursuant to
				7 CFR
				210.21(c)(1) and
				7 CFR
				220.16(c)(1), the Department
				will conduct a pre-issuance review of each Sponsor's proposed solicitations and
				proposed contracts for the procurement of goods and services for a School
				Nutrition Program, if:
1. The Sponsor is
				contracting with a food service management company; or
2. The Sponsor has a proposed solicitation or
				proposed contract that exceeds $50, 000 for public and charter school Sponsors
				or the simplified acquisition threshold identified in 2 CFR 200.88 for all
				other Sponsors.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-2 - SCHOOL NUTRITION PROGRAMS › Section 5P-2.004 - Reimbursement Process

Current through Reg. 50, No. 138; July 16, 2024
(1) Advances. The
				Department will not advance funds to Sponsors for School Nutrition
				Programs.
(2) Claims. Claims for
				Reimbursement shall only be paid to Sponsors operating under a Child Nutrition
				Programs Agreement, incorporated in Rule
				5P-1.004, F.A.C., with the
				Department except as provided in paragraph (d) of this subsection.
(a) All meals served by a Sponsor must meet
				meal pattern requirements pursuant to
				7 CFR
				210.10 and
				7 CFR
				220.8, incorporated in Rule
				5P-2.001, F.A.C., to be eligible
				for reimbursement payments.
(b) The
				Sponsor must provide sufficient documentation to support the Claim for
				Reimbursement when submitted to the Department to be eligible for reimbursement
				payments. Such documentation must include the number of free, reduced price,
				and paid meals served to eligible children.
(c) All Claims for Reimbursement must be
				submitted to the Department online at
https://fans.FDACS.gov
, or by mail to 600
				S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled
				"National School Lunch Program Claim Form", FDACS-01717 Rev. 12/18, which is
				hereby incorporated by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15522
,
				and by email request to the Department at InfoFNW@fdacs.gov.
(d) If a School Food Authority has not
				executed the Child Nutrition Programs Agreement, required in subsection
				5P-2.001(4),
				F.A.C., with the Department prior to beginning program operations, the
				Department will make reimbursement payments for meals served by the School Food
				Authority that meet meal pattern requirements specified in
				7 CFR
				210.10 and CFR 220.8, during the calendar
				month immediately preceding the calendar month in which the written agreement
				is executed, absent deficiencies that the Code of Federal Regulations would
				preclude the Department from making payments.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-2 - SCHOOL NUTRITION PROGRAMS › Section 5P-2.007 - Professional Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Professional
				Standards. Sponsors must establish and implement professional standards for
				their School Nutrition Program directors, managers, and staff, as defined in
				7 CFR
				210.2 and
				7 CFR
				210.30, incorporated in Rule
				5P-2.001, F.A.C.
(2) Hiring Standards.
(a) Sponsors must ensure all newly hired
				school nutrition program directors meet the minimum educational requirements in
				7 CFR
				210.30(b). A Sponsor may
				only use its nonprofit school food service account to pay the salary of a
				School Nutrition Program director who does not meet the hiring standards in
				7 CFR
				210.30 if the Sponsor complies with the
				Department's approved plan to ensure the director will meet the
				requirements.
(b) The hiring
				standards plan must be completed within the first year of the School Nutrition
				Program director's appointment to this position. If the Sponsor fails to comply
				with the hiring standards plan, the Sponsor will be deemed Seriously Deficient
				and subject to termination, pursuant to paragraph
				5P-1.004(1)(a),
				F.A.C.
(c) For the purposes of the
				School Nutrition Programs, 'relevant school nutrition experience' as required
				in 7 CFR
				210.30 (b) refers to previous work experience
				in the National School Lunch Program and School Breakfast Program, and
				experience in other Child Nutrition Programs, such as 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, free meal centers, and university dining services. Documented
				unpaid or volunteer experience will be considered relevant.
(d) For the purposes of the School Nutrition
				Programs, the Department recognizes the following certificate as the 'State
				recognized certificate for school nutrition directors' as required in
				7 CFR
				210.30:
1.
				School Nutrition Association School Nutrition Specialist (SNS) Credential;
				or
2. Association of Nutrition
				& Foodservice Professionals Certified Dietary Manager or Certified Food
				Protection Professional (CDM®,
				CFPP®) Credential.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-2 - SCHOOL NUTRITION PROGRAMS › Section 5P-2.008 - Waiver Requests

Current through Reg. 50, No. 138; July 16, 2024
(1) Waiver Request
				Protocol. Sponsors desiring a waiver of a federal statutory or regulatory
				requirement must submit a waiver request to the Department online at
https://fans.FDACS.gov
, or by mail
				to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the Child Nutrition
				Program State Waiver Request Template, revised as of 2018, which is hereby
				adopted and incorporated by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15524
,
				and by email request to the Department at InfoFNW@fdacs.gov.
(a) Each section of the Child Nutrition
				Program State Waiver Request Template must be completed in order for the waiver
				request to be considered. A complete waiver request must provide the
				information required by Section 12(l) of the National School Lunch Act,
				42 U.S.C.
				1760(l), revised as of
				December 10, 2015, which is hereby incorporated by reference and available
				online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15525
,
				and by email request to the Department at InfoFNW@fdacs.gov, including:
1. The federal statutory or regulatory
				requirements that are requested to be waived;
2. A description of the goal of the waiver to
				improve services under the School Nutrition Programs and the expected outcomes
				if the waiver is granted; and
3. A
				description of the impediments to the efficient operation and administration of
				the program.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-2 - SCHOOL NUTRITION PROGRAMS › Section 5P-2.009 - Emergency Meals

Current through Reg. 50, No. 138; July 16, 2024
Emergency meal services shall be administered as provided in
				  subsection 5P-3.001(10),
				  F.A.C.
Rulemaking Authority 570.07(23),
					 595.404 (4), 595.404(10) FS. Law
					 Implemented 595.404, 595.501
					 FS.
New 8-19-19, Amended
					 8-9-23.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-2 - SCHOOL NUTRITION PROGRAMS › Section 5P-2.010 - Civil Rights Compliance and Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) Other Federal Requirements. All Sponsors
				must comply with the following requirements:
(a) Title VI of the Civil Rights Act of 1964,
				effective July 2, 1964, and incorporated by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15755
;
(b) Americans with Disabilities Act of 1990,
				effective July 26, 1990, and incorporated by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15756
;
(c) American with Disabilities Act Amendment
				Act of 2008, effective January 1, 2009, and incorporated by reference and
				available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15757
;
(d) Title IX of the Education Amendments of
				1972, effective June 23, 1972, and incorporated by reference and available
				online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15758
;
(e) Section 504 of the Rehabilitation Act of
				1973, effective September 26, 1973, and incorporated by reference and available
				online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15759
;
(f) Section 508 of the Rehabilitation Act of
				1973 (29 U.S.C.
				794d), effective in 1998, and incorporated by
				reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15760
;
(g) The Age Discrimination Act of 1975,
				effective November 28, 1975, and incorporated by reference and available online
				at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15761
;
(h) The Civil Rights Restoration Act of 1987,
				effective March 22, 1988, and incorporated by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15762
;
(i) The Department of Justice Guidelines for
				Enforcement of Title VI of the Civil Rights Act of 1964 at
				28 CFR
				50.3, revised as of July 1, 2021, and
				incorporated by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15763
;
				and
(j) USDA's regulations
				concerning nondiscrimination in 7 CFR parts 15, 15a, 15b and 16, incorporated
				in Rule 5P-2.001,
				F.A.C.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-3 - SUMMER FOOD SERVICE PROGRAM › Section 5P-3.003 - Procurement Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) Contracts. All
				contracts must be issued using the standards outlined in
				7 CFR
				225.17 and 2 CFR 200, incorporated in Rule
				5P-3.001, F.A.C.
(a) All formal solicitations, to include
				specifications, evaluation criteria, procurement procedures, and proposed
				contract documents, must be submitted to the department online at
https://fans.FDACS.gov
, or by mail
				to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, prior to issuance or
				execution.
(b) The department will
				examine each Sponsor's proposed contracts prior to the issuance, if:
1. The Sponsor has a contract with a food
				service management company; or
2.
				The Sponsor has any proposed contracts that exceeds $50, 000 for public and
				charter school Sponsors or the simplified acquisition threshold identified in 2
				CFR 200.88, incorporated in Rule 5P-3.001, F.A.C., for all other
				Sponsors.
(c) In lieu of
				requesting a competitive solicitation, a Sponsor may make purchases at or below
				specified prices from contracts awarded by other Sponsors when the Sponsor that
				awarded the contract and the Contractor mutually permit purchases by a Sponsor
				at the same terms, conditions, and prices (or below such prices) awarded in
				such contract. Such purchases must meet the following conditions:
1. The purchasing Sponsor must submit the
				awarded and proposed contracts and written authorization from the Contractor
				and the Sponsor holding the awarded contract to the department online at
https://fans.FDACS.gov
, or by mail
				to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within seven (7) calendar
				days of execution; and
2. Sponsors
				must conduct a separate procurement to obtain goods and services if the
				proposed contract results in a material change to the awarding Sponsor's
				contract. The department considers a change to be material if it would cause
				the contractor to bid differently if the prospective change had existed during
				the solicitation process or if the total cost of the change exceeds the
				thresholds referenced in subparagraph
				5P-3.003(1)(b)
				2., F.A.C.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-3 - SUMMER FOOD SERVICE PROGRAM › Section 5P-3.004 - Reimbursement Process and Financial Management

Current through Reg. 50, No. 138; July 16, 2024
(1) Start-up Funds. In accordance with
				7 CFR
				225.9(a), incorporated in
				Rule 5P-3.001, F.A.C., the department
				will not provide startup payments to Sponsors for the Summer Food Service
				Program.
(2) Advances. The
				department will make advance payments to Sponsors as requested in the
				application to assist in meeting operating costs and administrative expenses in
				accordance with the criteria established in
				7 CFR
				225.9(c), incorporated in
				Rule 5P-3.001, F.A.C., and the application deadlines set forth in Rule
				5P-3.001, F.A.C. If the Sponsor was declared Seriously Deficient in accordance
				with paragraph 5P-1.004(1)(a),
				F.A.C, the Sponsor's June Claim for Reimbursement must be submitted and
				accepted by the department prior to the release of advance payments for July,
				and the July Claim for Reimbursement must be submitted and accepted by the
				department prior to the release of advance payments for August.
(a) When processing requests for advance
				payments, the department will take into consideration unused reimbursement, as
				defined in subsection (9) of this rule, the Sponsor has carried over from the
				previous year of operations, if applicable. The department will deduct the
				total amount of unused reimbursement from the year prior to the current year
				from the total advance requested.
(b) Advance payments to any Sponsor for one
				month will not exceed $40, 000.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-3 - SUMMER FOOD SERVICE PROGRAM › Section 5P-3.006 - Fiscal Action

Current through Reg. 50, No. 138; July 16, 2024
(1) Fiscal Action.
				Fiscal Action is defined as the recovery of overpayment through direct
				assessment or offset of future Claims for Reimbursement, disallowance of any
				portion of a Claim for Reimbursement, disallowance of overclaims as reflected
				in unpaid Claims for Reimbursement, submission of a revised Claim for
				Reimbursement, and correction of program records to ensure that unfiled Claims
				for Reimbursement are corrected when filed. Fiscal action also includes
				disallowance of funds for failure to take corrective action to meet the meal
				requirements in 7 CFR
				225.16(d), incorporated in
				Rule 5P-3.001, F.A.C., and
				restoration of the nonprofit food service account from a nonfederal source for
				unallowable costs pursuant to 2 CFR 200, incorporated in Rule 5P-3.001,
				F.A.C.
(2) Assessment of Fiscal
				Action. Fiscal Action must be assessed when program deficiencies include:
(a) Inaccurate meal counting and claiming
				identified during the Administrative Review occurring at the site or
				sponsor-level;
(b) Meals that were
				counted as reimbursable meals, but were ineligible for reimbursement, such as
				second meals exceeding the two percent (2%) limit and adult meals;
(c) Meals served that were counted as
				reimbursable meals but were observed to be missing meal components;
(d) Meals that were not supported by program
				records (e.g., no records or insufficient records were provided);
(e) Meals served at unapproved
				sites;
(f) Meals served that cannot
				be validated, or
(g) Identified
				unallowable costs to the program, embezzlement, willful misapplication of
				funds, theft, or fraudulent activity.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-3 - SUMMER FOOD SERVICE PROGRAM › Section 5P-3.007 - Seamless Summer Option

Current through Reg. 50, No. 138; July 16, 2024
School Food Authorities currently administering the National
				  School Lunch Program and/or School Breakfast Program participating or desiring
				  to participate in the Seamless Summer Option, as defined in subsection
				  5P-1.001(31),
				  F.A.C., must meet the standards established by the United States Department of
				  Agriculture as provided in 2 CFR 200, 7 CFR 15, 15a, 15b, 7 CFR 210, 7 CFR 220,
				  7 CFR 225 and 7 CFR 250 all revised as of January 1, 2021, and which are hereby
				  adopted and incorporated by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14884
,
				  and by email request to the department at InfoFNW@fdacs.gov, Chapter 595, F.S.,
				  and this rule chapter.
(1)
				Participation. Only School Food Authorities administering the National School
				Lunch Program or School Breakfast Program may participate in the Seamless
				Summer Option. With department approval, School Food Authorities may sponsor
				non-school meal sites under the Seamless Summer Option.
(a) School Food Authorities must be able to
				demonstrate administrative capability and financial viability as specified in
				subparagraphs 5P-3.001(1)(a)(3)
				a. and 5P-3.001(1)(a)(3)
				c., F.A.C., to properly operate the Seamless Summer Option meal service during
				school vacation periods. School Food Authorities currently in good standing in
				the National School Lunch Program or School Breakfast Program are not required
				to submit further evidence of financial and administrative capability. For the
				purposes of this rule, School Food Authorities are considered to be in good
				standing if they have been reviewed during the previous 12 months and had no
				significant operational issues.
(b)
				The department will deny Seamless Summer Option applications from School Food
				Authorities that have significant operational issues either in the National
				School Lunch Program or School Breakfast Program as specified in subparagraphs
				5P-2.005(13)(e)
				1. through 5P-2.005(13)(e)
				8., F.A.C.
(c) Completion of the
				Seamless Summer Option training found at
http://FDACS.gov/trainFNW
with eighty
				(80) percent accuracy or higher is a prerequisite for approval to participate.
				Previous participation in the Summer Food Service Program is not a requirement
				for participating in the Seamless Summer Option.
(d) Applications to participate in the
				Seamless Summer Option are due May 15 for all School Food
				Authorities.