Program Participation, Program Responsibilities, Reimbursement Process and Financial Management, Administrative Reviews
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness
RULE NOS.:RULE TITLES:
5P-3.001Program Participation
5P-3.002Program Responsibilities
5P-3.004Reimbursement Process and Financial Management
5P-3.005Administrative Reviews
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 244, December 18, 2018 issue of the Florida Administrative Register.
5P-3.001 Program Participation
Each organization participating or desiring to participate in the Summer Food Service Program, as defined in Rule 5P-1.001(38), 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 225, and 7 CFR 250 all revised as of January 1, 2018, and which are hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?no=ref-XXXXX, Chapter 595, Florida Statutes, and this rule chapter.
(1) Summer Food Service Program Application. Any organization desiring to participate in the Summer Food Service Program must be eligible as required by 7 CFR 225.14 and must:
(a) Submit to the department a complete application online at https://fans.freshfromflorida.com, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Summer Food Service Program Application”, FDACS-01722 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?no=ref-XXXXX. For the purposes of this program, a complete application includes:
1. through 3. No change.
4. Organizations that are audited on a predetermined, continual cycle with the Florida Auditor General and participate in the National School Lunch Program are exempt from the requirements in subparagraph (1)(a)3. of this rule, unless the Sponsor is declared Seriously Deficient, as described in paragraph Rule 5P-1.004(1)(a), F.A.C., in the year prior to the current year.
(b) No change.
(2) through (4) No change.
(5) Pre-approval Site Visits. In accordance with 7 CFR 225.7(d)(1), previously incorporated in this rule, the department will conduct a pre-approval site visit for all organizations and their sites, which did not operate the program in the year prior to the current year, to assess Summer Food Service Program compliance and to verify information provided in the application using the form entitled “Summer Food Service Program State Pre-Approval Site Visit”’, FDACS-01735 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?no=ref-XXXXX.
(a) through (b) No change.
(6) through (12) No change.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History-New_____.
5P-3.002 Program Responsibilities
(1) through (5) No change.
(6) Meal Service. Pursuant to 7 CFR 225.15(d)(3), Sponsors must review food service operations at each site at least once during the first four weeks of Summer Nutrition Program operations. Sponsors must complete the site review using the form entitled “Summer Food Service Program Sponsor Site Review”, FDACS-01926 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/refernece.asp?no=ref-XXXXX.
(a) No change.
(b) When serving food in smaller quantities than are indicated in 7 CFR 225.16(d), the Sponsor must follow the age-appropriate meal pattern requirements contained in 7 CFR 226.20(b), revised as of January 1, 2018, which is hereby adopted and incorporated by reference and made available online at https://www.flrules.org/gateway/reference.asp?no=ref-XXXXX.
(c) through (e) No change.
(7) No change.
(8) Complaints. If a complaint is received regarding a violation of civil rights, fraud, or food safety, the department will conduct a site review, using the form entitled “Summer Food Service Program State Site Review”, FDACS-01947 Rev. 01/19 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/refernece.asp?no=ref-XXXXX, to assess each Sponsor’s ability to administer the Summer Food Service Program and address the nature of the complaint. If during this site review, the department determines corrective actions are necessary, a written demand for corrective action will be issued and the Sponsor will be provided seven (7) calendar days to respond in writing.
(a) through (c) No change.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, 595.501 FS. History-New_____.
5P-3.004 Reimbursement Process and Financial Management
(1) through (2) No change.
(3) Claims. Claims for Reimbursement must only be made by Sponsors operating under written agreement, incorporated in subsection Rule 5P-3.001(1011), F.A.C., with the department.
(4) through (8) No change.
(9) Unused Reimbursement. If a Sponsor receives more reimbursement than is expended on allowable costs, the Sponsor should use this unused reimbursement to improve the meal service or management of the Summer Food Service Program as prescribed in 7 CFR 225.9(g), previously incorporated in Rule 5P-3.001, F.A.C. Sponsors with unused reimbursement remaining at the end of the program year must submit a statement to the department online at https://fans.freshfromflorida.com, 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. 10/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/refernece.asp?no=ref-XXXXX, certifying that all unused reimbursement will be used either as startup funds or for improving the Summer Food Service Program services the subsequent year.
(a) through (c) No change.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History-New_____.
5P-3.005 Administrative Reviews
(1) through (3) No change.
(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 Program State Site Review”, FDACS-01947 Rev. 01/19 06/18, previously incorporated in subsection 5P-3.002(8) Rule 5P-3.003(11), F.A.C. 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.freshfromflorida.com, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within seven (7) calendar days of the Site Review 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 subsection 5P-2.001(10)(7), 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 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, 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.
(6) through (7) No change.
(8) Report. The department will provide the Sponsor with an Administrative Review Report.
(a) through (b) No change.
(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 certified mail, return receipt requested and will be considered received by the Sponsor five (5) calendar days following the date the notice was sent.
(9) through (13) No change.
Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, 595.501 FS. History-New_____.
