Fla. Admin. Code Ann. R. 27P-19.014 - Noncompliance

(1) If a recipient fails to comply with any term or condition applicable to an award under this rule chapter or any term or condition including, but not limited to, federal and state laws, rules and regulations, applicable to any other funding administered by the Division, then the Division shall take one or more of the following actions, as indicated by the attendant circumstances:

(a) Temporarily withhold cash payments, pending correction of the deficiency;

(b) Disallow all or part of the cost of the activity or action not in compliance;

(c) Suspend or terminate the award;

(d) Disallow future participation in the program or funding provided under this rule chapter;

(e) Recover all funds provided under the current award.

(2) Costs of the recipient resulting from obligations incurred by the recipient during suspension or after termination of an award are not allowable, unless the Division determines that the recipient has substantially complied with, and has not knowingly violated, all applicable requirements, and thereafter expressly authorizes costs in writing. Other recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if:

(a) The costs result from obligations which were properly incurred by the recipient before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination, are not cancelable, and

(b) The costs would be allowable if the award were not suspended or expired normally at the end of the period in which the termination occurs.

(3) Recipients of terminated grants shall remain obligated to provide all required closeout information.

(4) In the event that any audit determines that costs reimbursed or otherwise funded under this rule chapter should be disallowed, then the recipient shall return those disallowed funds to the Division. In the alternative, the Division may offset the disallowed amount against any current or future awards to the recipient.

Notes

Fla. Admin. Code Ann. R. 27P-19.014

Rulemaking Authority 252.35(2)(x), 252.373 FS. Law Implemented 252.35, 252.373, 252.38 FS.

New 1-12-94, Amended 11-13-96, Formerly 9G-19.014.

New 1-12-94, Amended 11-13-96, Formerly 9G-19.014.