26068185, 5P-1.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26068185

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Food, Nutrition and Wellness

Chapter:

Nutrition Assistance Programs, Generally

Overview

RULE:

5P-1.001	Definitions
5P-1.002	Appeals
5P-1.004	Penalties and Sanctions

PURPOSE:

The purpose of this rulemaking is to update definitions and clarify appeals procedures and penalties for violations of Chapter 595, F.S., the rules adopted under Chapter 595, F.S., and federal regulations incorporated by reference relative to all programs administered by the division.

SUMMARY:

Rule 5P-1.001: The terms Inventory Reconciliation, Notice of Action, Production and Menu Records, Recipient Agency Review, Site and Web-Based Supply Chain Management (WBSCM) are added to the definitions. The term Successive Purchasing Agreements is stricken. The term Sponsor was revised to clarify the agreement referenced in the definition.

Rule 5P-1.002: Updates the method of delivery for the Notice of Action to email; specifies when the Notice of action is deemed received; provides for entry of default final determination for failure to timely appeal; updates delivery method for request for appeal to email and provides email address; clarifies the date the request for appeal and written documentation are due; provides hearing procedures.

Rule 5P-1.004: Corrected or added references to regulations; expanded individuals who shall be declared seriously deficient; added review types for which failure to provide corrective action shall result in being declared seriously deficient; included the termination of Recipient Agency from a Child Nutrition Program upon revocation of tax exempt status as a reason to be declared seriously deficient; updates the method of delivery for the Notice of Action to email; updates division domain name; adds penalty for failure to remit payment for fiscal action assessed within required timeframe; adds penalty for failure to disclose, or for the identification of, conflicts of interest in procurement; expanded the list of individuals who shall be suspended due to failure to submit corrective action or to implement corrective action, and expanded the activities in which those individuals shall not participate while suspended; expanded the actions required by Sponsor or Recipient Agency after one year suspension in order to reapply; specified the Sponsor of Recipient Agency declared seriously deficient for operation of the same program twice in one year or two consecutive years of operation will be immediately suspended; expanded actions by Sponsor or Recipient Agency upon returning from one (1) year suspension that would result in 7 year termination; added additional activity that is considered fraud for purposes of this rule; specified Sponsor whose tax-exempt status is revoked will be suspended until documentation is provided by Sponsor showing the effective date of exemption.

RULEMAKING AUTHORITY:

570.07(23); 595.404(4); 595.404(10); 595.404(11), F.S.

LAW:

595.402; 595.404, 595.501; 570.971; 1001.42(16), F.S.

PRINT PUBLISH DATE:

7/13/2022 Vol. 48/135

COMMENTS:

From 7/13/2022 To 8/3/2022 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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