Fla. Admin. Code Ann. R. 5P-3.004 - Reimbursement Process and Financial Management

(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.

(3) Claims. Claims for Reimbursement must only be made by Sponsors operating under written agreement, incorporated in Rule 5P-2.002, F.A.C., with the department. Reimbursements shall not be paid for meals served at a site before the Sponsor has received written notification from the department that the site has been approved for participation in the Summer Food Service Program. If the number of meals claimed for any site is 20% or greater than the site's average daily participation during the previous program year, a justification must be provided to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, as to why the increase occurred. If the number of meals claimed for any site is 100% greater or more than the site's average daily participation during the previous program year, a claim validation review will be conducted by the department.

(4) Due Dates. All Sponsors must submit to the department a monthly Claim for Reimbursement online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled "Summer Nutrition Programs Claim for Reimbursement, " FDACS-02007 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10340, and by email request to the department at InfoFNW@fdacs.gov.

(a) Claim for Reimbursement forms must be postmarked or submitted online to the department not later than thirty (30) calendar days following the last day of the month covered by the claim.

(b) Adjustments on Claims for Reimbursement must be completed and postmarked or submitted online to the department within sixty (60) calendar days of the last day of the claim month. Upward adjustments on Claims for Reimbursement are limited to two adjustments per claim month per Sponsor unless the adjustment results from an Administrative Review or from federally-required or state-imposed audits.

(5) Combined Claims. Sponsors must combine the Claim for Reimbursement as follows:

(a) If the Sponsor operated the program for ten (10) operating days or less in their initial month of operations, the Claim for Reimbursement for the initial month must be combined with the Claim for Reimbursement for the subsequent month;

(b) If the Sponsor operated the program for ten (10) operating days or less in their final month of operations, the Claim for Reimbursement for the final month must be combined with the with the Claim for Reimbursement for the preceding month.

(6) One-Time Exception. Claims for Reimbursement and any adjustments made to Claims for Reimbursement not filed within the prescribed timeframes will not be paid by the department unless otherwise authorized by USDA's Food and Nutrition Service (FNS) or as provided in paragraph (a) of this subsection.

(a) A Sponsor may only request a one-time exception for late submission of Claims for Reimbursement every thirty-six (36) months. To be granted an exception, Sponsors must submit a corrective action plan online at https://fans.FDACS.gov or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399.

(b) The corrective action plan must include:

1. The reason(s) contributing to the late submission of the claim or upward adjustment of the claim;

2. An outline of the action(s) to be taken to avoid future late submissions;

3. A statement of understanding regarding the frequency of one-time exceptions in paragraph (a) of this subsection; and

4. The signature of an authorized representative.

(7) Inaccurate Claim for Reimbursement. The department's response to a Sponsor failing to submit an accurate Claim for Reimbursement will be governed by 7 CFR 225.12, incorporated in Rule 5P-3.001, F.A.C., except that the department will recover current fiscal year overpayments from a Sponsor by offsetting future Claims for Reimbursement, to the extent such future Claims for Reimbursement exist. In the event such future Claims for Reimbursement either do not exist or are insufficient to recover such overpayments, the department will recover current fiscal year overpayments utilizing the collection procedures outlined in subsection (8) of this section.

(8) Excess Funds. Pursuant to 7 CFR 225.9(c)(5), previously incorporated in Rule 5P-3.001, F.A.C., Sponsors must repay any advance payments in excess of the total amount filed in the Claims for Reimbursement for the current program year. The department will recover Excess Funds from a Sponsor through direct assessment using the following collection procedures:

(a) The department will make a written demand to the Sponsor for the return of Excess Funds via certified mail, return receipt requested, and will consider this demand received by the Sponsor five (5) calendar days following the date the notice was sent.

(b) If after thirty (30) calendar days from receipt, the Sponsor fails to remit full payment or agree to a satisfactory repayment schedule, a second written demand for the return of Excess Funds shall be sent to the Sponsor by the department via certified mail, return receipt requested.

(c) If after sixty (60) calendar days following the original written demand, the Sponsor fails to remit full payment or agree to a repayment schedule, a third written demand for the return of improper payments shall be sent to the Sponsor by the department via certified mail, return receipt requested. This third demand will contain a due date of ninety (90) calendar days from the date of original demand.

(d) If after ninety (90) calendar days following the original written demand, the Sponsor fails to remit full payment or agree to a repayment schedule, all information pertaining to the debt will be forwarded by the department to the Department of Financial Services for collection.

(9) Unused Reimbursement. If a Sponsor receives more reimbursement than is expended on allowable costs, the Sponsor must use this unused reimbursement to improve the meal service or management of the Summer Food Service Program. Sponsors with unused reimbursement remaining at the end of the program year must submit a statement to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, not later than December 31 of each year, using the form entitled "Summer Food Service Program Unused Reimbursement Certificate, " FDACS-01974 Rev. 01/22, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-14864, and by email request to the department at InfoFNW@fdacs.gov, certifying that all unused reimbursement will be used either as startup funds for or the improvement of the Summer Food Service Program in the subsequent year.

(a) If the Sponsor does not submit the Summer Food Service Program Unused Reimbursement Certificate, FDACS-01974 Rev. 01/22, the Sponsor's application for the subsequent year's Summer Food Service Program will not be approved until such certificate is received.

(b) Sponsors may not transfer unused reimbursement to operations that are not related to the Child Nutrition Programs or increase salary or fringe benefit costs when the primary purpose of the transfer or increase is to reduce the Summer Food Service Program balance.

(c) If the Sponsor will not be participating in Summer Food Service Program in the next year, and the Sponsor operates other Child Nutrition Programs, the unused reimbursement must be used towards the Sponsor's provision of other Child Nutrition Programs. If the Sponsor does not operate any other Child Nutrition Programs and will not be participating in the Summer Food Service Program the next year, then the Sponsor is not required to return the unused reimbursement to the department.

(10) Financial Management. Sponsor must maintain documentation of all revenues received and expenses paid from the nonprofit food service account. All items listed in program invoices and receipts must be allowable program expenses as required in FNS Instruction 796-4 Form FNS-389 (9-88), previously incorporated in Rule 5P-3001, F.A.C.

Notes

Fla. Admin. Code Ann. R. 5P-3.004

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