Fla. Admin. Code R. 5P-3.009
(1) Other Federal Requirements. All Sponsors must comply with the following requirements:
(4) Complaints. Any person or representative alleging discrimination based on a prohibited basis has the right to file a complaint within 180 days of the alleged discriminatory action by completing and submitting the USDA Program Discrimination Complaint Form (AD-3027 1/19/12 OMB Control Number 0508-0002), which is hereby adopted and incorporated by reference and available online at HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-14878" http://www.flrules.org/Gateway/reference.asp?No=Ref-14878, and by email request to the department at InfoFNW@fdacs.gov, by mail to USDA, Office of the Assistant Secretary for Civil Rights, 1400 Independence Ave., S.W., Stop 9410, Washington, D.C. 20250-9410, or by facsimile to 1(833)256-1665.
(a) In the event a complainant makes the allegations verbally or in person, or refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made must write up the elements of the complaint for the complainant. Every effort should be made to have the complainant provide the following information:
1. Name, address, and telephone number or other means of contacting the complainant;
2. The specific location and name of the Sponsor and/or Summer Food Service Program site;
3. The nature of the incident or action that led the complainant to feel discrimination was a factor, and an example of the method of administration that is having a disparate effect on the public, potential eligible persons, applicants, or participants;
4. The basis on which the complainant believes discrimination exists;
5. The names, telephone numbers, titles, and business or personal addresses of persons who may have knowledge of the alleged discriminatory action; and
6. The date(s) during which the alleged discriminatory actions occurred or, if continuing, the duration of such actions.
(5) Limited English Proficiency. Sponsors must take reasonable steps to assure meaningful access to the information and services they provide as required in FNS Instruction 113-1 FNS-620 (1-99), incorporated in Rule 5P-3.002, F.A.C. Reasonable steps to assure meaningful access shall be contingent on the following factors:
(6) Effective Communication. Sponsors must provide aids and services when needed to communicate effectively with applicants, participants, and potentially eligible persons of their program who have communication disabilities to ensure that the persons with a vision, hearing, or speech disability can communicate with, receive information from, and convey information to, the Sponsor unless doing so would result in significant difficulty or expense with regard to the nature and cost of the aid or service relative to the Sponsor’s size, overall financial resources, and overall expenses. If a particular aid or service would result in significant difficulty or expense, the Sponsor must provide another effective aid or service, if possible, that would not result in significant difficulty or expense.
(c) Sponsors cannot require a person to bring someone to interpret for him or her. A Sponsor can rely on a companion to interpret in the following situations:
1. In an emergency involving an imminent threat to the safety or welfare of an individual or the public, an adult or minor child accompanying a person who uses sign language may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available; or
2. In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when the individual requests this, the accompanying adult agrees, and reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children. Sponsors may not rely on an accompanying adult to interpret when there is reason to doubt the person’s impartiality or effectiveness.
(7) Public Notification. Each Sponsor must take specific action to inform applicants, participants, and potentially eligible persons of their program rights and responsibilities and the steps necessary for participation.
(c) Each Sponsor must take the following actions to inform the general public, potentially eligible populations, community leaders, grassroots organizations, and referral sources about the Summer Food Service Program and the applicable Civil Rights requirements:
1. Prominently display the USDA nondiscrimination poster “And Justice for All,” or an FNS approved substitute;
2. Inform potentially eligible persons, applicants, participants, and grassroots organizations (particularly those in underserved populations), of the Summer Food Service Program or changes in the Summer Food Service Program. This includes information pertaining to eligibility, benefits, and services, the location of local facilities or service delivery points, and hours of service. This information shall be communicated by methods such as, but not limited to, internet, newspaper articles, radio and television announcements, letters, leaflets, brochures, computer-based applications, and bulletins;
3. Provide appropriate information, including web-based information, in alternative formats for persons with disabilities;
4. Include the required nondiscrimination statement on all appropriate Summer Food Service Program publications, websites, posters, and informational materials provided to the public; and
5. Convey the message of equal opportunity in all photographic and other graphics that are used to provide Summer Food Service Program or program-related information.
(9) Data Collection and Reporting. Sponsors must provide for and maintain a system to collect the racial and ethnic data in accordance with 7 CFR 225.7(g), previously incorporated in Rule 5P-3.001, F.A.C., and FNS Instruction 113-1 FNS-620 (1-99), as previously incorporated in rule, to determine how effectively the Summer Food Service Program is reaching potential eligible persons and beneficiaries, identify areas where additional outreach is needed, assist in the selection of locations for compliance reviews, and complete reports as required.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History‒New 12-6-22.