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), Lakeisha T. Hood, Director, (850) 617-7438 or 1(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:
Florida Department of Agriculture and Consumer Services (FDACS)
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]:
Program regulations require state agencies to conduct administrative reviews of all school food authorities participating in the National School Lunch Program (including the Afterschool Snacks and the Seamless Summer Option) and School Breakfast Program at least once during a 3-year review cycle, provided that each school food authority is reviewed at least once every 4 years. At a minimum, the on-site portion of the administrative review must be completed during the school year in which the review was begun.
On June 28, 2019, FNS approved a waiver request from FDACS for a single administrative review cycle extension to allow the implementation of a 4-year administrative review cycle through June 30, 2023. Program regulations also permit FNS, on an individual school food authority basis, approve written requests for 1-year extensions to the review cycle if FNS determines the cycle requirement conflicts with efficient State agency management of the programs.
On March 12, 2020, Florida Governor Ron DeSantis suspended all official travel for state employees. While the suspension is initially for 30 days, should COVID-19 conditions persist, the suspension may be extended. In addition, On March 17, 2020, the Department of Education and Commissioner Richard Corcoran are using executive authority to mitigate the spread of COVID-19 in Florida by closing all public and private K-12 and career and technical center campuses through April 15, 2020. To minimize exposure to COVID-19 and to protect visitors and employees, Commissioner of Agriculture, Nicole Fried, has ordered all FDACS offices and facilities temporarily closed to the public from Thursday, March 19 through Sunday, April 19. At that time, FDACS will further evaluate the situation. During this time, only essential personnel will continue serving in the field.
Due to the circumstances mentioned above, FDACS is requesting a 1-year extension to its review cycle for the following school food authorities:
1200America's Little Leaders
1216Citygate School of Advanced Learning
1221Ephesus Junior Academy
1225School For Accelerated Learning & Tech
1239Faith Evangelical Lutheran Church
1251Jack and Jill Children's Center
1252Heights Charter School Inc
1255Miami Spring Adventist School
1271Redland Christian Academy Inc
5.Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:
Section 22(b)(1)(C)(i) of the NSLA, 42 USC 1769c(b)(1)(C)(i)
6.Detailed description of alternative procedures and anticipated impact on Program operations, including technology, State systems, and monitoring:
FDACS does not foresee any anticipated impact on Program operations.
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 does not anticipate any challenges that it or its eligible service providers may face with the waiver implementation.
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]:
This waiver request will not increase the overall cost of the Program to the Federal government.
10.Anticipated waiver implementation date and time period:
Upon approval through May 31, 2021
11.Proposed monitoring and review procedures:
If this waiver request is approved, FDACS will conduct the rescheduled SMARs in accordance with the regulations at 7 CFR 210.18.
12.Proposed reporting requirements (include type of data and due date(s) to FNS):
Upon approval of this waiver request, FDACS will provide FNS with a FY 20-21 School Meals Administrative Review (SMAR) Schedule that displays the new SMAR dates for the school food authorities included in the wavier request. FDACS will also provide FNS with the SMAR reports of these school food authorities when the rescheduled SMARs have been completed.