Florida 2022 Regular Session

Florida House Bill H1311 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the Healthy Food Financing 2
16	16	Initiative program; providing a directive to the 3
17	17	Division of Law Revision; transferring, renumbering, 4
18	18	and amending s. 500.81, F.S.; redefining the term 5
19	19	"underserved community"; revising requirements for the 6
20	20	administration of and participation in the Healthy 7
21	21	Food Financing Initiative program; providing program 8
22	22	eligibility requirements for nonprofit organizations 9
23	23	and revising eligibility requirements for community 10
24	24	development financial institutions; revising 11
25	25	requirements for program applicants and projects; 12
26	26	revising the purposes for which project funding may be 13
27	27	used; specifying that program funding is subject to 14
28	28	and provided from certain appropriations; deleting a 15
29	29	prohibition limiting the amount the Department of 16
30	30	Agriculture and Consumer Services may distribute among 17
31	31	program recipients; amending ss. 595.401, 595.402, 18
32	32	595.404, 595.408, and 595.501, F.S.; conforming 19
33	33	provisions to changes made by the act; providing an 20
34	34	effective date. 21
35	35	22
36	36	Be It Enacted by the Legislature of the State of Florida: 23
37	37	24
38	38	Section 1. The Division of Law Revision is directed to 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	rename chapter 595, Florida Statutes, entitled "School Food and 26
52	52	Nutrition Services," as "Food and Nutrition." 27
53	53	Section 2. Section 500.81, Florida Statutes, is 28
54	54	transferred, renumbered as section 595.801, and amended to read: 29
55	55	595.801 500.81 Healthy Food Financing Initiative. — 30
56	56	(1) DEFINITIONS.—As used in this section, the t erm: 31
57	57	(a) "Community facility" means a property owned by a 32
58	58	nonprofit or for-profit entity in which health and human 33
59	59	services are provided and space is offered in a manner that 34
60	60	provides increased access to, or delivery or distribution of, 35
61	61	food or other agricultural products to encourage public 36
62	62	consumption and household purchases of fresh produce or other 37
63	63	healthy food to improve the public health and well -being of low-38
64	64	income children, families, and older adults. 39
65	65	(b) "Department" means the Department of Agr iculture and 40
66	66	Consumer Services. 41
67	67	(c) "Independent grocery store or supermarket" means an 42
68	68	independently owned grocery store or supermarket whose parent 43
69	69	company does not own more than 40 grocery stores throughout the 44
70	70	country based upon ownership conditions as identified in the 45
71	71	latest Nielsen TDLinx Supermarket/Supercenter database. 46
72	72	(d) "Low-income community" means a population census 47
73	73	tract, as reported in the most recent United States Census 48
74	74	Bureau American Community Survey, which meets one of the 49
75	75	following criteria: 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	1. The poverty rate is at least 20 percent; 51
89	89	2. In the case of a low -income community located outside 52
90	90	of a metropolitan area, the median family income does not exceed 53
91	91	80 percent of the statewide median family income; or 54
92	92	3. In the case of a low-income community located inside of 55
93	93	a metropolitan area, the median family income does not exceed 80 56
94	94	percent of the statewide median family income or 80 percent of 57
95	95	the metropolitan median family income, whichever is greater. 58
96	96	(e) "Program" means the Healthy Food Financing Initiative 59
97	97	established by the department. 60
98	98	(f) "Underserved community" means a low-income community 61
99	99	distressed urban, suburban, or rural geographic area where a 62
100	100	substantial number of residents have low access to a full -63
101	101	service supermarket or grocery store. An area with limited 64
102	102	supermarket access must be: 65
103	103	1. A census tract, as determined to be an area with low 66
104	104	access by the United States Department of Agriculture, as 67
105	105	identified in the Food Access Research Atlas; 68
106	106	2. Identified as a limited supermarket access area as 69
107	107	recognized by the Community Development Financial Institutions 70
108	108	Fund of the United States Department of the Treasury; or 71
109	109	3. Identified as an area with low access to a supermarket 72
110	110	or grocery store through a methodology t hat has been adopted for 73
111	111	use by another governmental initiative, or a well-established or 74
112	112	well-regarded philanthropic healthy food initiative. 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(2) HEALTHY FOOD FINANCING INITIATIVE PROGRAM. —The 76
126	126	department shall establish a Healthy Food Financing Initiati ve 77
127	127	program that provides grants and loans is composed of and 78
128	128	coordinates the use of grants from any source; federal, state, 79
129	129	and private loans from a governmental entity or institutions 80
130	130	regulated by a governmental entity; federal tax credits; and 81
131	131	other types of financial assistance for the construction, 82
132	132	rehabilitation, or expansion of independent grocery stores, 83
133	133	supermarkets, community facilities, or other retail outlets 84
134	134	structures to increase access to affordable fresh produce and 85
135	135	other nutritious food in u nderserved communities. 86
136	136	(3) THIRD-PARTY ADMINISTRATORS; QUALIFICATIONS. — 87
137	137	(a) The department may contract with one or more qualified 88
138	138	nonprofit organizations or Florida -based federally certified 89
139	139	community development financial institutions to administer the 90
140	140	program through a public -private partnership. 91
141	141	(b) A qualified nonprofit organization must be able to 92
142	142	demonstrate all of the following: 93
143	143	1. Prior experience in healthy food financing. 94
144	144	2. An exemption from taxation under s. 501(c)(3) of the 95
145	145	Internal Revenue Code. 96
146	146	3. The ability to successfully manage and operate lending 97
147	147	and grant programs. 98
148	148	4. The ability to assume full financial risk for loans 99
149	149	made under the program. 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	(c) Eligible community development financial institutions 101
163	163	must be able to demo nstrate all of the following : 102
164	164	1. Prior experience in healthy food financing. 103
165	165	2. Certification by Support from the Community Development 104
166	166	Financial Institutions Fund of the United States Department of 105
167	167	the Treasury. 106
168	168	3. The ability to successfully manage and operate lending 107
169	169	and tax credit programs. 108
170	170	4. The ability to assume full financial risk for loans 109
171	171	made under the program this initiative. 110
172	172	(d) Any third-party administrator that contracts with the 111
173	173	department shall provide quarterly updates to the dep artment. 112
174	174	(4)(b) DUTIES OF THE DEPARTMENT OR THIRD -PARTY 113
175	175	ADMINISTRATOR.—The department or a third-party administrator 114
176	176	shall do all of the following : 115
177	177	(a)1. Establish program guidelines, raise matching funds, 116
178	178	promote the program statewide, evaluate applic ants, make award 117
179	179	decisions, underwrite and disburse grants and loans, and monitor 118
180	180	compliance and impact. The department may contract with a third -119
181	181	party administrator to carry out such duties. If the department 120
182	182	contracts with a third -party administrator, fu nds shall be 121
183	183	granted to the third -party administrator to create a revolving 122
184	184	loan fund for the purpose of financing projects that meet the 123
185	185	criteria of the program. The third -party administrator shall 124
186	186	report to the department annually. 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	(b)2. Create eligibility guidelines and provide financing 126
200	200	through an application process. Eligible projects must: 127
201	201	a. Be located in an underserved community; 128
202	202	b. Primarily serve low -income communities; and 129
203	203	c. Provide for the renovation or expansion of, including 130
204	204	infrastructure upgrades to, existing independent grocery stores 131
205	205	or supermarkets; or the renovation or expansion of, including 132
206	206	infrastructure upgrades to, community facilities to improve the 133
207	207	availability and quality of fresh produce and other healthy 134
208	208	foods. 135
209	209	(c)3. Report annually to the President of the Senate and 136
210	210	the Speaker of the House of Representatives on the projects 137
211	211	funded, the geographic distribution of the projects, the costs 138
212	212	of the program, and the outcomes, including the number and type 139
213	213	of jobs created. 140
214	214	(4)(a) The Office of Program Policy Analysis and 141
215	215	Government Accountability shall review the program and data 142
216	216	collected from the department after a term of 7 years and report 143
217	217	to the President of the Senate and the Speaker of the House of 144
218	218	Representatives. The report shall include, but is not limited 145
219	219	to, health impacts based on data collected by the state on 146
220	220	diabetes, heart disease and other obesity -related diseases, and 147
221	221	other factors as determined by the department. 148
222	222	(b) If the report determines the program to be 149
223	223	unsuccessful after 7 years, the department shall create 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	guidelines for unused funds to be returned to the initial 151
237	237	investor. 152
238	238	(5) PROGRAM PARTICIPANTS. —Entities that may apply for 153
239	239	funding under the program include A for-profit entities entity, 154
240	240	including a convenience stores store or a fueling stations; and 155
241	241	station, or a not-for-profit entities entity, including, but not 156
242	242	limited to, a sole proprietorships, partnerships proprietorship, 157
243	243	partnership, limited liability companies, corporations, 158
244	244	cooperatives company, corporation, cooperative , nonprofit 159
245	245	organizations organization, nonprofit community development 160
246	246	entities entity, or private universities university, may apply 161
247	247	for financing. 162
248	248	(a) A program An applicant for financing must do all of 163
249	249	the following: 164
250	250	1.(a) Demonstrate the capacity to successfully implement 165
251	251	the project and the likelihood that the project will be 166
252	252	economically self-sustaining.; 167
253	253	2.(b) Demonstrate the ability to repay the loan .; and 168
254	254	(c) Agree, as an independent grocery store or supermarket, 169
255	255	for at least 5 years, to: 170
256	256	3.1. Accept Supplemental Nutrition Assistance Program 171
257	257	benefits and; 172
258	258	2. Apply to accept Special Supplemental Nutrition Program 173
259	259	for Women, Infants, and Children benefits . and accept such 174
260	260	benefits, if approved; 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	4.3. For independent grocery stores and supermarkets, 176
274	274	allocate at least 30 percent of floor food retail space for the 177
275	275	sale of perishable foods, which may include fresh or frozen 178
276	276	dairy products, fresh produce, and fresh meats, poultry, and 179
277	277	fish.; 180
278	278	5.4. Comply with all data collection and reporting 181
279	279	requirements established by the department .; and 182
280	280	6.5. Promote the hiring of local residents. 183
281	281	(b) The department shall give preference to Florida -based 184
282	282	grocers, local busine ss owners with experience in grocery 185
283	283	stores, and grocers and business owners with a business plan 186
284	284	that includes written documentation of opportunities to purchase 187
285	285	from farmers and growers in this state before seeking out -of-188
286	286	state purchases. 189
287	287	(6) PROJECT ELIGIBILITY.— 190
288	288	(a) To be eligible for funding under the program, a 191
289	289	project must: 192
290	290	1. Be located in an underserved community; and 193
291	291	2. Provide for the construction of independent grocery 194
292	292	stores or supermarkets; renovation, expansion, and 195
293	293	infrastructure upgrades to stores and community facilities that 196
294	294	improve the availability and quality of fresh produce and other 197
295	295	healthy foods; or other projects that create or improve access 198
296	296	to affordable fresh produce which meet the intent of this 199
297	297	section, as determined by the department or a third -party 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	administrator. 201
311	311	(b) Projects including, but not limited to, corner stores, 202
312	312	bodegas, or other types of nontraditional grocery stores that do 203
313	313	not meet the 30 percent space minimum in subparagraph (5)(a)4. 204
314	314	may 3. can still qualify for funding if such funding will be 205
315	315	used for refrigeration, displays, or other one -time capital 206
316	316	expenditures to promote the sale of fresh produce and other 207
317	317	healthy foods. 208
318	318	(6) In determining which qualified projects to finance, 209
319	319	the department or thi rd-party administrator shall: 210
320	320	(a) Give preference to local Florida -based grocers or 211
321	321	local business owners with experience in grocery stores and to 212
322	322	grocers and business owners with a business plan model that 213
323	323	includes written documentation of opportunities to purchase from 214
324	324	Florida farmers and growers before seeking out -of-state 215
325	325	purchases; 216
326	326	(b) Consider the level of need in the area to be served; 217
327	327	(c) Consider the degree to which the project will have a 218
328	328	positive economic impact on the underserved community , including 219
329	329	the creation or retention of jobs for local residents; 220
330	330	(d) Consider the location of existing independent grocery 221
331	331	stores, supermarkets, or other markets relevant to the 222
332	332	applicant's project and provide the established entity the right 223
333	333	of first refusal for such project; and 224
334	334	(e) Consider other criteria as determined by the 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	department. 226
348	348	(c)(7) A minimum of three eligible projects shall be 227
349	349	funded annually. Financing under this program for eligible 228
350	350	projects may be used for any of the following purposes: 229
351	351	1.(a) Site acquisition and preparation. 230
352	352	2.(b) Construction and build -out costs. 231
353	353	3.(c) Equipment and furnishings. 232
354	354	4.(d) Workforce training or security. 233
355	355	5.(e) Predevelopment costs, such as market studies and 234
356	356	appraisals. 235
357	357	6.(f) Energy efficiency measures. 236
358	358	7.(g) Working capital for first -time inventory and startup 237
359	359	costs, including seeds and starter plants for residential 238
360	360	produce cultivation. 239
361	361	(h) Acquisition of seeds and starter plants for the 240
362	362	residential cultivation of fr uits, vegetables, herbs, and other 241
363	363	culinary products. However, only 7 percent of the total funds 242
364	364	expended in any one project under this section may be used for 243
365	365	such acquisition. 244
366	366	8.(i) Other purposes as determined necessary and 245
367	367	reasonable by the department or a third-party administrator. 246
368	368	(7) PROGRAM REVIEW. — 247
369	369	(a) The Office of Program Policy Analysis and Government 248
370	370	Accountability shall review the program and data collected from 249
371	371	the department after a term of 7 years and provide a report to 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	the President of the Senate and the Speaker of the House of 251
385	385	Representatives. The report shall include economic impact and 252
386	386	health outcomes data and other factors as determined by the 253
387	387	department. 254
388	388	(b) If the report determines the program to be 255
389	389	unsuccessful after 7 years , the department shall return any 256
390	390	initial funds that have not been loaned, granted, or leveraged 257
391	391	in a revolving loan fund to the General Revenue Fund. 258
392	392	(8) FUNDING.—The department's performance and obligation 259
393	393	to pay under this section is contingent upon a n annual 260
394	394	appropriation by the Legislature as provided in s. 287.0582. If 261
395	395	the department contracts with a third -party administrator, funds 262
396	396	must be advanced from the department's annual appropriation to 263
397	397	the third-party administrator in order to implement thi s 264
398	398	section. 265
399	399	(9)(8) RULES.—The department shall adopt rules to 266
400	400	administer this section. 267
401	401	(9) The department may not distribute more than $500,000 268
402	402	among more than three recipients. 269
403	403	Section 3. Section 595.401, Florida Statutes, is amended 270
404	404	to read: 271
405	405	595.401 Short title.—Sections 595.401-595.601 This chapter 272
406	406	may be cited as the "Florida School Food and Nutrition Act." 273
407	407	Section 4. Section 595.402, Florida Statutes, is amended 274
408	408	to read: 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	595.402 Definitions. —As used in this act chapter, the 276
422	422	term: 277
423	423	(1) "Commissioner" means the Commissioner of Agriculture. 278
424	424	(2) "Department" means the Department of Agriculture and 279
425	425	Consumer Services. 280
426	426	(3) "Program" means any one or more of the school food and 281
427	427	nutrition service programs that the department has 282
428	428	responsibility over including, but not limited to, the National 283
429	429	School Lunch Program, the Special Milk Program, the School 284
430	430	Breakfast Program, the Summer Food Service Program, the Fresh 285
431	431	Fruit and Vegetable Program, and any other program that relates 286
432	432	to school nutrition. 287
433	433	(4) "School breakfast program" means a program authorized 288
434	434	by s. 4 of the Child Nutrition Act of 1966, as amended, and 289
435	435	administered by the department. 290
436	436	(5) "School district" means any of the 67 county school 291
437	437	districts, including the respective district school board. 292
438	438	(6) "Sponsor" means any entity that is conducting a 293
439	439	program under a current agreement with the department. 294
440	440	(7) "Summer nutrition program" means one or more of the 295
441	441	programs authorized under 42 U.S.C. s. 1761. 296
442	442	(8) "Universal school break fast program" means a program 297
443	443	that makes breakfast available at no cost to all students 298
444	444	regardless of their household income. 299
445	445	Section 5. Subsections (3), (9), (10), (11), and (13) of 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	section 595.404, Florida Statutes, are amended to read: 301
459	459	595.404 School food and other nutrition programs; powers 302
460	460	and duties of the department. —The department has the following 303
461	461	powers and duties: 304
462	462	(3) To fully cooperate with the United States Government 305
463	463	and its agencies and instrumentalities so that the department 306
464	464	may receive the benefit of all federal financial allotments and 307
465	465	assistance possible to carry out the purposes of this act 308
466	466	chapter. 309
467	467	(9) To employ such persons as are necessary to perform its 310
468	468	duties under this act chapter. 311
469	469	(10) To adopt rules covering the admin istration, 312
470	470	operation, and enforcement of the program and the farmers' 313
471	471	market nutrition program, as well as to implement the provisions 314
472	472	of this act chapter. 315
473	473	(11) To adopt and implement an appeal process by rule, as 316
474	474	required by federal regulations, for app licants and participants 317
475	475	under the programs implemented pursuant to this act chapter, 318
476	476	notwithstanding ss. 120.569 and 120.57 -120.595. 319
477	477	(13) To advance funds from the program's annual 320
478	478	appropriation to a summer nutrition program sponsor, when 321
479	479	requested, in order to implement the provisions of this act 322
480	480	chapter and in accordance with federal regulations. 323
481	481	Section 6. Paragraph (b) of subse ction (1) and subsections 324
482	482	(2) and (4) of section 595.408, Florida Statutes, are amended to 325
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	read: 326
496	496	595.408 Food distribution services; department 327
497	497	responsibilities and functions. — 328
498	498	(1) 329
499	499	(b) The department shall determine the benefits each 330
500	500	applicant or recipient of assistance is entitled to receive 331
501	501	under this act chapter, provided that each applicant or 332
502	502	recipient is a resident of this state and a citizen of the 333
503	503	United States or is an alien lawfully admitted for permanent 334
504	504	residence or otherwise permanently re siding in the United States 335
505	505	under color of law. 336
506	506	(2) The department shall cooperate fully with the United 337
507	507	States Government and its agencies and instrumentalities so that 338
508	508	the department may receive the benefit of all federal financial 339
509	509	allotments and assis tance possible to carry out the purposes of 340
510	510	this act chapter. 341
511	511	(4) This act chapter does not limit, abrogate, or abridge 342
512	512	the powers and duties of any other state agency. 343
513	513	Section 7. Subsection (2) of section 595.501, Florida 344
514	514	Statutes, is amended to read: 345
515	515	595.501 Corrective action plans; penalties. — 346
516	516	(2) Any person or sponsor that violates any provision of 347
517	517	this act chapter or any rule adopted thereunder or otherwise 348
518	518	does not comply with the program is subject to a suspension or 349
519	519	revocation of their agreement, loss of reimbursement, or a 350
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532	532	financial penalty in accordance with federal or state law, or 351
533	533	both. This section does not restrict the applicability of any 352
534	534	other law. 353
535	535	Section 8. This act shall take effect July 1, 2022. 354