5P-2.008. Waiver Requests

(1) Waiver Request Protocol. Sponsors desiring a waiver of a federal statutory or regulatory requirement must submit a waiver request to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the Child Nutrition Program State Waiver Request Template, revised as of 2018, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15524, and by email request to the Department at [e-mail].

(a) Each section of the Child Nutrition Program State Waiver Request Template must be completed in order for the waiver request to be considered. A complete waiver request must provide the information required by Section 12(l) of the National School Lunch Act, 42 U.S.C. 1760(l), revised as of December 10, 2015, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15525, and by email request to the Department at [e-mail], including:

1. The federal statutory or regulatory requirements that are requested to be waived;

2. A description of the goal of the waiver to improve services under the School Nutrition Programs and the expected outcomes if the waiver is granted; and

3. A description of the impediments to the efficient operation and administration of the program.

(b) The Department will submit completed Child Nutrition Program State Waiver Request Templates to the USDA Food and Nutrition Service (FNS) regional office.

(c) The Department will publish notice of waiver requests on behalf of the Sponsor prior to sending to FNS by publishing a notice in the Florida Administrative Register (FAR), which is the same manner in which the Department usually provides similar notices and information to the public.

(2) Waiver Decisions.

(a) Waivers will be granted or denied by FNS in accordance with 42 USC 1760(1). All responses to waiver requests, including approvals or denials, will be provided by FNS in writing through the Department.

(b) When possible, waiver requests should be submitted, at minimum, 60 days prior to Sponsor’s anticipated implementation of the waiver.

(c) Waivers will only be effective for the limited time period stated in the waiver. After the initial waiver period provided by FNS has expired, if the waiver is still needed, Sponsors must request renewal of the waiver through the Department. A renewal waiver request will be processed in the same manner as an initial waiver request.

(3) Monitoring and Reporting. The Department and FNS will review the performance of Sponsors’ School Nutrition Program operations under the waiver.

(a) Each request to waive School Nutrition Program requirements must include proposed data reporting that will enable FNS and the Department to assess the effect of the waiver on School Nutrition Program administration and monitor its impact. At a minimum, reports must include:

1. A summary of the use of waiver by the Sponsor(s);

2. A description of whether the waiver resulted in improved services to recipients/participants;

3. A description of the impact of the waiver on providing nutritional meals to participants;

4. A description of how the waiver reduced the quantity of paperwork necessary to administer the program; and

5. Any additional information requested in the waiver approval by the Department or FNS.

(b) The Department and FNS will consider the data reports during the implementation of the waiver by the Sponsor and with any request for renewal of the waiver. Sponsors must adhere to existing applicable monitoring and reporting requirements, as well as those outlined in the waiver approval issued by FNS, to ensure continued operation throughout the approved waiver period. FNS may revoke a Sponsor’s waiver or deny future waiver requests if the Sponsor fails to fulfill the monitoring and reporting requirements.

(4) Waiver Termination. If the Department or FNS determines that the waiver leads to deficits in School Nutrition Programs operations or to an increase in the overall cost of the program to the federal government and the increase has not been paid for with non-federal funds, FNS may terminate the waiver as provided in 42 USC 1760(1).

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History–New 8-9-23.