Department of Agriculture and Consumer Services, Division of Food, Nutrition and Wellness

 

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, [phone] or 1(800)504-6609, [e-mail].

Lisa Church, Bureau Chief of Child Nutrition Programs, [phone] Direct Line, [e-mail].

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]:

On March 1, 2020, Florida Governor Ron DeSantis issued Executive Order 20-51 which directed Florida’s Surgeon General, Dr. Scott Rivkees, to declare a public health emergency to better equip Florida with the resources needed to handle the emergence of COVID-19 in Florida.  As of Wednesday, March 11, 2020, there are 21 positive cases of COVID-19 in Florida and there have been 2 deaths attributed to the virus.  In addition, 1,230 people have been under public health monitoring to-date and 353 are currently being monitored.  There are also 147 test results still pending.

FDACS is aware that during a public health emergency, such as COVID-19, social distancing may be necessary to avoid spread of the virus. To address this important issue, FDACS is requesting a waiver enabling sponsors to serve meals in a non-congregate setting in communities and at school sites during school closures related to COVID-19. FDACS requests to be able to apply this waiver, as needed, to Summer Food Service Program (SFSP) and Seamless Summer Option (SSO) sponsors providing meals during unanticipated school closures due to COVID-19.

5.Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:

7 CFR 225.6(e)(15), State Sponsor Agreement

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 subsection 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.

FDACS will also advise its program sponsors to confirm with their Point of Service (POS) providers that their systems are designed to accommodate meal counts via mobile devices, which most are, to ensure accurate meal count procedures are in place in non-congregate settings.  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.

The Florida Automated Nutrition System (FANS) is 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 June 30, 2020

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):

Separate meal counts and records will be maintained for meals served under a COVID-19 waiver. The total meals served under waiver will be submitted to FNS monthly and upon final use of the waiver in Florida.