Fla. Admin. Code Ann. R. 5P-3.005 - Administrative Reviews

(1) Administrative Review. The department will conduct Administrative Reviews of Sponsors participating in the Summer Food Service Program in accordance with 7 CFR 225.7(d)(2)(ii), incorporated in Rule 5P-3.001, F.A.C., and the 2017 USDA Summer Food Service Program State Agency Monitor Guide, which is hereby adopted and incorporated by reference and available online at: https://www.flrules.org/Gateway/reference.asp?No=Ref-10343, and by email request to the department at InfoFNW@fdacs.gov.

(2) Audits. The department will include currently applicable deficiencies from federally-required audit activity or from any state-imposed audit requirements in the Administrative Review to prevent duplication of effort when or if findings pertain to the reviewed Sponsors or the overall operation of the Summer Food Service Program and are relevant to the review period.

(3) Disregard of Overpayment. In conducting Administrative Reviews for any fiscal year, the department will disregard any overpayment which does not exceed $100, in accordance with 7 CFR 225.10(c), incorporated in Rule 5P-3.001, F.A.C.

(4) State Site Reviews. The department will review food service operations at each site included in the Administrative Review using the form entitled "Summer Food Service Programs State Site Review, " FDACS-01947 Rev. 11/19, which is hereby adopted and incorporated by reference and available online at: https://www.flrules.org/Gateway/reference.asp?No=Ref-14865, and by email request to the department at InfoFNW@fdacs.gov. Should any meals be disallowed at a site for reasons outlined in the 2017 USDA Summer Food Service Program State Agency Monitor Guide, previously incorporated in this rule, the Sponsor must provide documentation showing the disallowed meals were deducted from the Claim for Reimbursement to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, after the meal operation has ended for the month and prior to receiving payment on the Claim for Reimbursement.

(5) Program Records. The Sponsor has a duty to maintain program records as required in the Child Nutrition Programs Agreement, FDACS-01716 Rev. 06/18, incorporated in Rule 5P-2.002, F.A.C. The Sponsor must make available to the department all required program records no later than the close of business on the day of the Exit Conference. The department may grant a one-time extension, per Administrative Review, to the timeframe to provide all required program records by seven (7) calendar days upon written request by the Sponsor when extraordinary circumstances arise, such as temporary site closures, natural disasters, extreme weather conditions, or other circumstances beyond the Sponsor's control. Documentation will not be accepted for review beyond the date established between the Sponsor and the department. "Program records" means all invoices, receipts, accounting records, financial institution statements, check ledgers, credit card statements, meal count records, meal delivery receipts, budgets, and any other records generated by a Sponsor or vendor during the operation of the Summer Food Service Program.

(6) Claim Validation. Meal counts submitted with the Claim for Reimbursement will be validated using a two-part review process that includes reviewing meal counts taken at the point of service and analyzing program records to determine the accurate number of meals eligible for reimbursement. The Sponsor must provide the following records to the department as required to validate the meal counts submitted with the Claim for Reimbursement:

(a) Beginning and ending inventory for each claim period (month);

(b) Production records for each meal service provided during the claim period;

(c) Receiving reports prepared at sites or wherever food is received from suppliers and signed by receiving personnel (i.e. delivery slips);

(d) Purchase invoices received from food suppliers;

(e) Records of returns, allowances, cash discounts taken, and other credits when they are not reflected on purchase invoices;

(f) Canceled checks or other forms of receipts showing receipt or proof of payment by the Sponsor; and

(g) Records of major inventory adjustments showing the same kinds of information as inventory records.

(h) Sponsors which contract with School Food Authorities or food service management companies to provide all meals, including supplements, must provide billings by site from the School Food Authority or food service management company, less returns, allowances, discounts, and rebates for the meals delivered and evidence that the Sponsor received or paid for the meals.

(7) Review Expansion. The department will expand the scope of the Administrative Review beyond the one month review period when any of the program violations as specified in sub-subparagraph 5P-1.004(a) 1.f., F.A.C., noncompliance with the cost principles identified in 2 CFR 200, Subpart E, or conflicts of interest as prohibited by subsection 5P-3.003(6), F.A.C. are identified.

(8) Pre-Exit Debrief. Prior to the exit conference, the department will hold a pre-exit debrief with the Sponsor to discuss the preliminary and tentative program deficiencies that have been identified prior to the completion of the Administrative Review. Program deficiencies preliminarily identified that result in needed corrective action will be addressed during the exit conference. A preliminary and tentative report will be sent via email, not later than the next business day following the pre-exit Debrief.

(9) Exit Conference. The department will hold an exit conference after the completion of the Administrative Review to discuss overall program operations, any program deficiencies observed, the extent of the program deficiencies and the actions needed to correct the program deficiencies. The department will set an appropriate deadline(s) for completion of corrective action based on the type of corrective action to be completed.

(10) Report. The department will provide the Sponsor with an Administrative Review Report.

(a) The Administrative Review Report will include the program deficiencies observed, the needed corrective actions, the deadlines for completion of the corrective action, and the potential fiscal action and accompanying appeal rights.

(b) If the program deficiencies observed include those described in sub-subparagraphs 5P-1.004(1)(a) 1.a.-k., F.A.C., the Sponsor will be declared Seriously Deficient.

(c) The Administrative Review Report will be provided within thirty (30) calendar days of the exit conference at the close of the Administrative Review period. The Administrative Review Report will be sent via email to the Sponsor's email address on record with the department. If requested by the Sponsor at the exit conference, the Administrative Review Report may be sent by regular United States mail. The Administrative Review Report will be deemed received by the Sponsor five (5) calendar days following the date the report was emailed by the department.

(11) Corrective Action. For any program deficiencies identified by the department through an Administrative Review, Sponsors must submit a corrective action plan with supporting documentation to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within thirty (30) calendar days of the date of receipt of the Administrative Review Report. The corrective action plan must include:

(a) Each identified program deficiency;

(b) The corrective action required;

(c) The timeframe by which the corrective action will be, or was completed; and

(d) Documentation to demonstrate corrective action was completed as applicable and as prescribed in the Administrative Review Report.

(12) Extension Requests. The department may extend the timeframe(s) specified to complete the required corrective action(s) upon the written request of Sponsor when extraordinary circumstances arise, such as temporary closures, natural disasters, extreme weather conditions, or other circumstances beyond the Sponsor's control.

(a) A request to extend the timeframe(s) to complete the required corrective action(s) 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 seven (7) calendar days of the date of receipt of the Administrative Review Report.

(b) This request must include the following:

1. A justification that demonstrates good cause beyond the Sponsor's control for why the corrective action plan cannot be submitted by the original completion date. Good cause includes unexpected, temporary closures, natural disasters, extreme weather conditions, or other circumstances beyond the Sponsor's control, and

2. Specify the Sponsor's proposed completion date.

(13) Seriously Deficient.

(a) If after thirty (30) calendar days of the date the Sponsor receives the Administrative Review Report, the Sponsor fails to respond to the department regarding the required corrective actions or fails to request an extension of the timeframe in which the corrective actions can be completed, the Sponsor will be deemed Seriously Deficient pursuant to paragraph 5P-1.004(1)(a), F.A.C.

(b) If after thirty (30) calendar days of the date the Sponsor received the Administrative Review Report in which the Sponsor was declared Seriously Deficient, the Sponsor fails to respond to the department regarding the required corrective actions or fails to request an extension of the timeframe in which the corrective actions can be completed, the Sponsor shall be terminated from the Summer Food Service Program pursuant to paragraph 5P-1.004(1)(b), F.A.C.

(14) Department Follow-up Reviews. Follow-up reviews of Sponsors and sites will be conducted:

(a) If the Sponsor is declared Seriously Deficient as a result of an Administrative or Site Review;

(b) If a food safety deficiency is noted during the Administrative or Site Review;

(c) If the number of meals served by a site on any of the five preceding days of operation is 50% or more higher than the number of meals served as observed by the department or its designated representative during a Site Review; or

(d) To ensure that corrective action has been taken as prescribed by the department in the Administrative Review Report.

(e) During the follow-up review, the department shall document its findings on the form entitled "Summer Food Service Programs State Site Review", FDACS-01947 Rev. 11/19, previously incorporated in this rule. If the department determines that significant, repeated operational issues still exist at the Sponsor level or site level, the Sponsor will be declared Seriously Deficient by the department. A significant operational issue exists if, during the follow-up review, one or more of the following repeat operational issues still exist at the Sponsor level or for at least 50% of the Sponsor sites being reviewed:

1. Failure to count meals at the point of service as prescribed in paragraph 5P-3.002(6)(c), F.A.C., that results in fiscal action exceeding ten (10) percent of the Claim for Reimbursement reviewed with the meal counts submitted during the follow-up review;

2. Failure to maintain program records as prescribed in 7 CFR 225.15(c) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;

3. Noncompliance with meal service times as prescribed in 7 CFR 225.16(c) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;

4. Claiming of reimbursement payments for meals not served as prescribed in 7 CFR 225.12(a) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;

5. Serving of meals that do not meet the meal component or portion size requirements as prescribed in 7 CFR 225.16(d) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;

6. Noncompliance with applicable procurement procedures and contract requirements of 2 CFR 200, previously incorporated in paragraph 5P-1.003(1)(a), F.A.C.;

7. Unallowable expenses charged to the non-profit food service account or improperly coded to the Summer Food Service Program that exceed the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.; or

8. Failure to maintain proper sanitation and health standards in conformance with all applicable State and local laws and regulations.

(f) If a Sponsor is declared seriously deficient during an Administrative or Site Review and is also declared seriously deficient during the follow-up review, or the follow-up review identifies a repeat violation of health, safety and sanitation standards, the Sponsor shall be terminated. While terminated, Sponsors and its principals, including their officers, and directors shall not participate in the Summer Food Service Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

(15) Ad Hoc Reviews. The department will conduct ad hoc Administrative Reviews, Claim Reviews, Site Visits, or Technical Assistance Visits of a Sponsor's operation of the Summer Food Service Program at its discretion or when the following circumstances exist:

(a) The department receives a complaint regarding the Sponsor's operation of the Summer Food Service Program; or

(b) The department identifies unusual data or trends within the Sponsor's claims for reimbursement and any other information collected by the department about the Sponsor's operation of the Summer Food Service Program, such as block claiming, substantially higher or substantially lower meal counts, recurrent field trips, duplicative site officials, continual changes to meal service times, or prohibited use of consultants. For the purposes of the Summer Food Service Program, a block claim is a claim with no variation in meal counts, for any single meal type or combination of meal types, for any continuous 3-day period within the claim month.

(16) Food Preparation Facility Inspections. In accordance with 7 CFR 225.7(e), incorporated in Rule 5P-3.001, F.A.C., the department, through an agreement with state or local health departments or other governmental agencies charged with health inspection functions, will conduct meal quality tests, inspections of self-preparation and vended Sponsors' food preparation facilities, and inspections of food service sites. If these agencies cannot perform such inspections or tests, the department will contract with an independent agency to perform these services.

Notes

Fla. Admin. Code Ann. R. 5P-3.005

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.