DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness
Child Nutrition Program State Waiver Request
Child Nutrition Programs are expected to be administered according to all statutory and regulatory requirements; waivers to the requirements are exceptions. However, Section 12(l) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1760(l), provides authority for USDA to waive requirements for State agencies or eligible service providers under certain circumstances. When requesting the waiver of statutory or regulatory requirements for the Child Nutrition Programs (CNPs), including the Child and Adult Care Food Program (CACFP), the Summer Food Service Program (SFSP), the National School Lunch Program (NSLP), the Fresh Fruit and Vegetable Program (FFVP), the Special Milk Program (SMP), and the School Breakfast Program (SBP), State agencies and eligible service providers should use this template. State agencies and eligible service providers should consult with their FNS Regional Offices when developing waiver requests to ensure a well-reasoned, thorough request is submitted. State agencies and eligible service providers are encouraged to submit complete waiver requests at least 60 calendar days prior to the anticipated implementation date. Requests submitted less than 60 calendar days prior to the anticipated implementation should be accompanied by an explanation of extenuating circumstances.
For more information on requests for waiving Program requirements, refer to SP 15-2018, CACFP 12-2018, SFSP 05-2018, Child Nutrition Program Waiver Request Guidance and Protocol- Revised, May 24, 2018.
1.State agency submitting waiver request and responsible State agency staff contact information: Florida Department of Agriculture and Consumer Services (FDACS)
Florida Department of Agriculture and Consumer Services (FDACS), Lakeisha T. Hood, Director, (850)617-7438 or (800)504-6609, Lakeisha.Hood@FDACS.gov.
Lisa Church, Bureau Chief of Child Nutrition Programs, (850)617-7413 Direct Line, Lisa.Church@FDACS.gov.
2.Region: Southeast
3.Eligible service providers participating in waiver and affirmation that they are in good standing:
Only School Districts and Summer Food Service Program (SFSP) sponsors currently in good standing with FDACS will be deemed eligible to participate in the implementation of this waiver in accordance with Rule 5P-2.009, F.A.C. and subsection 5P-3.001(11), F.A.C.
4.Description of the challenge the State agency is seeking to solve, the goal of the waiver to improve services under the Program, and the expected outcomes if the waiver is granted. [Section 12(l)(2)(A)(iii) and 12(l)(2)(A)(iv) of the NSLA]:
Section 13(c)(1) of the NLSA (42 U.S.C. 1761(c)(1)) requires that meals served to children not in school during an unanticipated closure may only be reimbursed by FNS if the meals were served at non-school sites. FDACS is requesting the authority to implement the SFSP and/or NSLP Seamless Summer Option (SSO) at school sites as needed as a feasible method of ensuring students can continue to receive the nutritious meals that they are accustomed to during the normal school day when unforeseen events occur that result in school closures. Under the implementation of this waiver, FDACS anticipates – consistent with regular SFSP and SSO operations – area eligible school sites operating during an unanticipated school closure will be open to all children age 18 and under.
5.Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:
Section 13(c)(1) of the NLSA (42 U.S.C. 1761(c)(1))
7 CFR 225.6(d)(1)(iv), State Agency Responsibilities, Approval of Sites
6.Detailed description of alternative procedures and anticipated impact on Program operations, including technology, State systems, and monitoring:
FDACS will utilize its administrative procedures for emergency meals as provided in Rule 5P-2.009, F.A.C. and Rule 5P-3.001(11), F.A.C., which outline the eligibility requirements, application process, requirements for the identification of meal service times and locations, meal pattern requirements, claims for reimbursement process, and record retention requirements.
In the event a School District is unable to provide meals during an unanticipated school closure, FDACS will solicit the remaining sponsors of the SFSP for the county in which the non-participating School District resides, and responses with be considered on a first come, first served basis, in accordance with subsection 5P-3.001(11), F.A.C.
FDACS also has template meal count forms that are available for download, or can be printed and shipped to program sponsors, for use during the implementation of the requested waiver if for any reason the Point of Service (POS) becomes inaccessible during an unanticipated school closure.
The Florida Automated Nutrition System (FANS) is also accessible using any standard internet browser – desktop or mobile – so that meal counts can be entered from any location and submitted to FDACS without the need of any alternative procedures
FDACS will continue to conduct program monitoring in accordance with 7 CFR 225.7(d) throughout the implementation period of the waiver.
7.Description of any steps the State has taken to address regulatory barriers at the State level. [Section 12(l)(2)(A)(ii) of the NSLA]:
There are no regulatory barriers at the State level to address.
8.Anticipated challenges State or eligible service providers may face with the waiver implementation:
FDACS will work with its program sponsors to identify meal distribution sites that are in areas that are easily accessible to low-income children while avoiding identification of individual children as low income.
FDACS will also assist program sponsors with communicating with families when, where, and how students may receive meals during a school closure through social media, press releases, media advisories, and website updates.
9.Description of how the waiver will not increase the overall cost of the Program to the Federal Government. If there are anticipated increases, confirm that the costs will be paid from non-Federal funds. [Section 12(l)(1)(A)(iii) of the NSLA]:
There are no anticipated increases to the overall costs of the Program or to the Federal Government.
10.Anticipated waiver implementation date and time period:
Upon approval through February 28, 2023
11.Proposed monitoring and review procedures:
As mentioned above, FDACS will continue to conduct program monitoring in accordance with 7 CFR 225.7(d) throughout the implementation period of the waiver.
12.Proposed reporting requirements (include type of data and due date(s) to FNS):
Meal counts and records will be maintained for meals served under the waiver. The total meals served under waiver will be submitted to FNS monthly and upon final use of the waiver in Florida during each instance of an unforeseen event.
