5P-3.005. Administrative Reviews  


Effective on Thursday, May 2, 2019
  • 1(1) Administrative Review. The department will conduct Administrative Reviews of Sponsors participating in the Summer Food Service Program in accordance with 227 CFR 225.7(d)(2)(ii), 25incorporated 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: 54https://www.flrules.org/Gateway/reference.asp?No=Ref-1034356.

    57(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.

    111(3) Overpayment. In conducting Administrative Reviews for any fiscal year, the department will disregard overpayment which does not exceed $100, in accordance with 1347 CFR 225.10(c), 137incorporated in rule 5P-3.001, F.A.C.

    262(5) Program Records. 265The Sponsor has a duty to maintain program records as required in the Child Nutrition Programs Agreement, FDACS-01716 Rev. 04/16, 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 last day of the scheduled Administrative Review period and upon request by the department. The department 322may grant a one-time extension, per Administrative Review, to the timeframe to provide all required program records by 340seven (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, bank 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.

    429(6) Meal Validation. During the Administrative Review, 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 invoices and receipts for an accurate number of meals eligible for reimbursement unless the Sponsor can provide the following:

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

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

    508(7) 509Exit Conference. The department will hold an exit conference at the close 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.

    571(8) Report. The department will provide the Sponsor with an Administrative Review Report.

    584(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.

    616(b) If the program deficiencies observed include those described in sub-subparagraphs 6275P-1.004(1)(a)6281.a.-k., F.A.C., 630the Sponsor will be declared Seriously Deficient.

    637(c) A preliminary and tentative report will be sent via email, not later than the next business day following the Exit Conference. Upon completion, the Administrative Review Report will be sent via email and mail and will be considered received by the Sponsor five (5) calendar days following the date the notice was sent.

    691(9) 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.freshfromflorida.com, 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:

    755(a) Each identified program deficiency;

    760(b) The corrective action required;

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

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

    797(10) 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.

    839(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.freshfromflorida.com, 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.

    888(b) This request must include the following:

    8951. 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

    9392. Specify the new desired completion date.

    946(11) Seriously Deficient. If after thirty (30) calendar days of the date of notification, 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 and subject to suspension, pursuant to paragraph 10045P-1.004(1)(a), 1005F.A.C.

    1006(12) Follow-up Reviews. Follow-up reviews of Sponsors and sites will be conducted if:

    1019(a) The Sponsor is declared Seriously Deficient;

    1026(b) A food safety deficiency is noted during the Administrative or Site Review; or

    1040(c) When the number of meals served as observed by the department is significantly lower than the number of meals claimed by a site on a prior day of the current year; and

    1073(d) To ensure that corrective action has been taken as prescribed by the department in the Administrative Review Report.

    1092(13) Food Preparation Facility Inspections. In accordance with 11007 CFR 225.7(e), 1103incorporated in 1105rule 5P-3.001, F.A.C., 1108the 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.

    1169Rulemaking Authority 1171570.07(23), 1172595.404(4), 1173595.404(10) FS. 1175Law Implemented 1177595.404, 1178595.501 FS. 1180History–New 5-2-19.