DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Food, Nutrition and Wellness
FDACS CNP Waiver Request - Non-Congregate Feeding Extension
CHILD NUTRITION PROGRAM
STATE WAIVER REQUEST
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 1(800)504-6609, Lakeisha.Hood@FDACS.gov
Lisa Church, 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 Rule 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. On March 9, 2020, Governor DeSantis issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19. On April 3, 2020, Governor DeSantis issued Executive Order 20-91, which directed all persons in Florida to limit their personal movements and personal interactions outside the home only to those necessary to obtain essential services or conduct essential activities. On April 29, 2020, Governor DeSantis issued Executive Order 20-112, Phase 1 of the Safe, Smart, Step-by-Step Plan for Florida’s Recovery, which directs all persons in Florida to continue to limit their personal interactions outside the home as specified in Executive Order 20-91, including to avoid congregating in large groups, avoid nonessential travel, and adherence to the CDC guidelines for isolation following travel on a cruise or from any international destination or any area with a significant presence of COVID-19.
As of Thursday, May 14, 2020, there are more than 41,000 positive cases of COVID-19 in Florida and there have been more than 1,800 deaths attributed to the virus. Additionally, as of March 15, 2020, there have been 1,405,356 confirmed unique reemployment assistance claims submitted by Florida residents. While 78.3 percent (1,100,282) of those claims have been processed, to-date, only 49.4 percent (693,950) of those claims have been paid as of May 12, 2020. Challenges related to COVID-19 conditions, such as this, persist for many Florida families.
School Districts and SFSP sponsors were surveyed regarding meal service during COVID-19 conditions in April 2020. When asked to rank 12 issues on a 1-5 scale, with 1 being of lowest concern and 5 being of highest concern, the survey results showed that expiration of the waiver for non-congregate feeding ranked as the highest concern, at 4.37 out of 5 among School Districts and SFSP sponsors. The primary concerns voice by School Districts and SFSP sponsors in response to the survey related to the expiration of the non-congregate feeding waiver included (1) communicating the change effectively to parents/guardians, (2) losing program consistency and (3) reduction in program participation. Additionally, many School Districts are concerned about continued staffing capacity – particularly without hazard pay and with many staff contracts ending as of May 31, 2020.
In addition, school nutrition industry members have expressed challenges associated with the School Districts and SFSP sponsors not knowing what their program operations will look like throughout the remainder of the program period. Because most manufacturers and distributors now need approximately 4-6 weeks of lead time to ensure product availability instead of the typical 2-week lead time, firm order commitments are needed from School Districts and SFSP sponsors to identify if more of the convenience type food items currently being offered will be needed going forward, or if traditional SFSP food items will be needed to prevent further financial losses to manufacturers and distributors from anticipated, but unutilized food items. School Districts and SFSP sponsors also need to be able to provide manufacturers and distributors with accurate volume forecasting, which is complicated by not knowing if the program will operate in the traditional congregate setting or in the current non-congregate setting.
FDACS also remains aware that during a public health emergency, such as COVID-19, social distancing is necessary to avoid spread of the virus.
To address these important issues, FDACS is requesting an extension of the 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 continue to 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..
FDACS will also continue to advise its program sponsors regarding utilization of their Point of Service (POS) systems to accommodate meal counts via mobile devices, which most are designed to, 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) will continue to be 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), or any elected waivers thereto, 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 continue to 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 continue assisting program sponsors with communicating to 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.
Year over year meal reimbursement comparisons for the month of March are provided for reference:
NSLP/SBP/Snack
SSO
SFSP
SY 18-19
$98,377,300.55
SY 19-20
$60,442,010.69
$360,148.60
$7,523,328.31
10. Anticipated waiver implementation date and time period:
Upon approval through August 23, 2020, or the day preceding each county school district’s first day of school, whichever is earlier
11. Proposed monitoring and review procedures:
As mentioned above, FDACS will continue to conduct program monitoring in accordance with 7 CFR 225.7(d), or any elected waivers thereto, 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.
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: Lakeisha T. Hood, Director
Requesting official’s email address for transmission of response:
Lakeisha.Hood@FDACS.gov
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:
