Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5P - Division of Food, Nutrition and Wellness › Chapter 5P-1 - NUTRITION ASSISTANCE PROGRAMS, GENERALLY › Section 5P-1.004 - Penalties and Sanctions

Current through Reg. 50, No. 138; July 16, 2024
(1) Child Nutrition
				Programs and Food Distribution Programs.
(a)
				Seriously Deficient.
1. A Sponsor or
				Recipient Agency, and its principals, including their board members, corporate
				officials, and the officials identified on the Sponsor or Recipient Agency's
				application in the Florida Automated Nutrition System shall be declared by the
				department as Seriously Deficient if:
a. The
				Sponsor or Recipient Agency fails to comply with provisions outlined in the
				Child Nutrition Programs Agreement FDACS 01716, Rev. 06/23, which is hereby
				incorporated by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15795
,
				and by email request to the department at InfoFNW@fdacs.gov;
b. The Sponsor or Recipient Agency has failed
				to submit or implement a Corrective Action included in a previously issued
				Administrative Review, Claim Review, Sponsor Review, Site Review, Site Visit,
				Technical Assistance Visit, Recipient Agency Review or Inventory
				Reconciliation;
c. The Sponsor or
				Recipient Agency is noncompliant with applicable procurement procedures and
				contract requirements of 2 CFR 200, revised as of January 1, 2021, which is
				hereby incorporated by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15796
,
				and by email request to the department at InfoFNWfdacs.gov;
d. The Sponsor or Recipient Agency submitted
				false information to the department;
e. If the Sponsor failed to return to the
				department any start-up, advance, or improper payments which exceeded the
				amount earned for serving meals in accordance with Section
				7 CFR
				225.16, or failure to submit all Claims for
				Reimbursement in any prior year, provided these claims for reimbursement are
				not under dispute; or
f. Program
				violations are identified for ten percent (10%) or ten (10), whichever is
				greater, of the Sponsor's or Recipient Agency's sites. Such violations include
				the following:
(I) Noncompliance with the
				meal service time restrictions set forth in Sections
				7 CFR
				210.10(l)(1)-(2) or
				7 CFR
				225.16(c), revised as of
				January 1, 2021, which are hereby incorporated by reference and available
				online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15797
,
				and by email request to the department at InfoFNW@fdacs.gov.;
(II) Failure to maintain adequate records in
				accordance with Section 2 CFR 200, or Sections
				7 CFR
				210.15,
				7 CFR
				220.7(e)(13),
				7 CFR
				220.8(a)(3),
				7 CFR
				220.9(a), or
				7 CFR
				225.15(c) revised as of
				January 1, 2021, which are hereby incorporated by reference and available
				online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15798
,
				and by email request to the department at InfoFNW@fdacs.gov;
(III) Failure to adjust meal orders to
				conform to variations in the number of participants;
(IV) The simultaneous service of more than
				one meal to any participant;
(V)
				The claiming of Program payments for meals not served to
				participants;
(VI) Service of fifty
				percent (50%) of meals or greater which did not include required quantities of
				all meal components;
(VII) Off-site
				meal consumption occurs for fifty percent (50%) or greater of
				participants.
g. The
				Sponsor or Recipient Agency has notice of a Stop-Sale Order issued by the
				department, the Florida Department of Health, or the Department of Business and
				Professional Regulations to a Food Service Management Company that has yet to
				be lifted and the Sponsor or Recipient Agency continues to obtain foods from
				the Food Service Management Company.
h. The Recipient Agency distributes USDA
				Foods or related funds to a Sub-Distributing Agency without an executed
				agreement.
i. The Sponsor or
				Recipient Agency has failed to safely store and control ten percent (10%) or
				$10, 000, whichever is greater, of USDA Foods including, but not limited to,
				improper distribution or foods lost, spoiled, stolen, sold or damaged as a
				result of improper storage, care, or handling.
j. The Recipient Agency failed to publicly
				notice dates of distribution at ten percent (10%) or ten (10), whichever is
				greater, sites as required in FNS Instruction 113-1 Form FNS-620 (1-99), which
				is hereby adopted and incorporated by reference and available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-09518
.
k. The Sponsor's or Recipient Agency's tax
				exempt status is revoked by the Internal Revenue Service pursuant to Section
				501(c)(3) of the
				Internal Revenue Code of 1986 also resulting in immediate termination per
				subparagraph 5P-1.004(1)(b)
				4., F.A.C.