DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness
FDACS CNP Waiver Request - Advance Payments
CHILD NUTRITION PROGRAM
STATE WAIVER REQUEST TEMPLATE
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 (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]:
Program regulations require that, at the sponsor's request, State agencies must make advance payments to sponsors that have executed Summer Food Service Program (SFSP) agreements to assist sponsors in meeting startup and monthly expenses.
When making advance payments, State agencies are required to make advance payments by June 1, July 15, and August 15 for the normal operating SFSP months.
FDACS is requesting a waiver to expand the dates by which SFSP advance payment can be made to include April 1, April 15, May 1 and May 15 to assist in the implementation of SFSP/SSO during the months of April and May because of unanticipated school closures due to COVID-19 conditions.
5. Specific Program requirements to be waived (include statutory and regulatory citations). [Section 12(l)(2)(A)(i) of the NSLA]:
7 CFR 225.9(c)(1)(i) Program assistance to sponsors, Advance Payments
6. Detailed description of alternative procedures and anticipated impact on Program operations, including technology, State systems, and monitoring:
FDACS is able to implement documented workaround procedures in its application system to permit the payment of advances and start-up funds for the months of April and May.
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 may be faced with waiver implementation by FDACS or eligible service providers.
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:
April 1, 2020 through May 15, 2020
11. Proposed monitoring and review procedures:
FDACS will continue to conduct program monitoring in accordance with 7 CFR 225.9 throughout the implementation period of the waiver.
12. Proposed reporting requirements (include type of data and due date(s) to FNS):
FDACS will provide a list of program sponsors receiving advance payments in April or May to FNS monthly to include the amount advance payment funds provided to each program sponsor and the status of the advance payments recovery.
13. Link to or a copy of the public notice informing the public about the proposed waiver [Section 12(l)(1)(A)(ii) of the NSLA]:
14. Signature and title of requesting official:
________________________________________________________
Title:
Requesting official’s email address for transmission of response:
TO BE COMPLETED BY FNS REGIONAL OFFICE:
FNS Regional Offices are requested to ensure the questions have been adequately addressed by the State agency and formulate an opinion and justification for a response to the waiver request based on their knowledge, experience and work with the State.
Date request was received at Regional Office:
Check this box to confirm that the State agency has provided public notice in accordance with Section 12(l)(1)(A)(ii) of the NSLA
· Regional Office Analysis and Recommendations:
