Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-2 - SCHOOL NUTRITION PROGRAMS › Section 5P-2.005 - Administrative Reviews

Current through Reg. 50, No. 138; July 16, 2024
(1) Administrative
				Review. The Department will conduct Administrative Reviews of all Sponsors
				participating in the School Nutrition Programs in accordance with
				7 CFR
				210.18, incorporated in Rule
				5P-2.001, F.A.C., and the
				2018-2019 Administrative Review Manual, which is hereby adopted and
				incorporated by reference and available online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15523
,
				and by email request to the Department at InfoFNW@fdacs.gov.
(2) Audits. The Department will include
				applicable findings from federally-required audit activity or from any
				state-imposed audit requirements in its Administrative Review to prevent
				duplication of effort when the audit findings pertain to the reviewed school(s)
				or the Sponsor's overall operation of the School Nutrition Program and are
				relevant to the review period.
(3)
				Disregard of Overpayment. When conducting Administrative Reviews for any fiscal
				year, the Department will disregard any overpayment to a Sponsor that does not
				exceed $600, in accordance with
				7 CFR
				210.19(d) and
				7 CFR
				220.15(c), incorporated in
				Rule 5P-2.001, F.A.C.
(4) School
				Reviews. The Department will review food service operations at each school
				included in the Administrative Review. If the Department disallows
				reimbursement for any meals on the basis outlined in
				7 CFR
				210.18 or the 2018-2019 Administrative Review
				Manual, then the Sponsor shall provide documentation showing the disallowed
				meals were deducted from the Claim for Reimbursement submitted to the
				Department online at
https://fans.FDACS.gov
, or by mail to 600
				S. Calhoun Street (H2), Tallahassee, FL 32399, prior to receiving payment for
				the remainder of the Claim for Reimbursement.
(5) Program Records. The Sponsor must make
				available to the Department all program records required to demonstrate
				compliance with program requirements no later than 5:00 p.m. (EST) on the day
				of the Exit conference. Documentation will not be accepted after the scheduled
				Exit Conference, except that the Department may grant a one-time extension, per
				Administrative Review, to extend 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 school closures, natural
				disasters, extreme weather conditions, or other circumstances beyond the
				Sponsor's control.
(6) Claim
				Validation. During the Administrative Review, Claims for Reimbursement will be
				validated by verifying the number of meals claimed to have been served. Meals
				will be verified using a two-part review process that includes reviewing meal
				counts taken at the point of service and analyzing program invoices and
				receipts to determine the accurate number of meals eligible for reimbursement
				based on the amount and types of food purchased by the Sponsor. If the number
				of meals cannot be validated using the two-part review process, then Sponsor
				shall provide the following records to the Department as required to
				demonstrate that such records 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.