DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness
RULE NO.:RULE TITLE:
5P-1.004Penalties and Sanctions
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 48 No. 135, July 13, 2022, issue of the Florida Administrative Register.
5P-1.004 Penalties and Sanctions.
(1) No change.
(a) No change.
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. 06/1823, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx, and by email request to the department at InfoFNW@fdacs.gov incorporated in Rule 5P-2.002, F.A.C.;
b. through e. No change.
f. No Change.
(I) Noncompliance with the meal service time restrictions set forth in Sections 7 CFR 210.10(l)(1)-(2) or and 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-xxxxx, and by email request to the department at InfoFNW@fdacs.govwww.ecfr.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-xxxxx) and by email request to the department at InfoFNW@fdacs.govwww.ecfr.gov;
(III) through (VII) No change.
g. through k. No change.
(b) No change.
(2) No change.
(a) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under 7 CFR 248.10, revised as of January 1, 2021, which is adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and by email request to the department at InfoFNW@fdacs.gov, and section 595.501, F.S. The purpose of the guidelines is to give notice of the range of penalties that will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the penalties to be imposed against the Farmer or Farmers’ Market by the department. No aggravating factors will be applied to increase a fine imposed for a single violation above the maximum as provided in 7 CFR 248.20 or $5,000 for violations of chapter 595, F.S., or the rules adopted thereunder. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.
(b) through (j) No change.
Rulemaking Authority 570.07(23), 595.404(4), (10), (11) FS. Law Implemented 595.404, 595.501, 570.971, 1001.42(16) FS. History–New 9-5-77, Amended 9-6-78, 10-17-78, 10-23-79, 1-7-81, 8-12-81, 4-27-82, 6-28-83, Formerly 6A-7.421, 6A-7.0421, Amended 6-21-18, 12-16-18,__________.
