HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 1 of 15
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
A bill to be entitled 1
An act relating to the Healthy Food Financing 2
Initiative program; providing a directive to the 3
Division of Law Revision; transferring, renumbering, 4
and amending s. 500.81, F.S.; redefining the term 5
"underserved community"; revising requirements for the 6
administration of and participation in the Healthy 7
Food Financing Initiative program; providing program 8
eligibility requirements for nonprofit organizations 9
and revising eligibility requirements for community 10
development financial institutions; revising 11
requirements for program applicants and projects; 12
revising the purposes for which project funding may be 13
used; specifying that program funding is subject to 14
and provided from certain appropriations; deleting a 15
prohibition limiting the amount the Department of 16
Agriculture and Consumer Services may distribute among 17
program recipients; amending ss. 595.401, 595.402, 18
595.404, 595.408, and 595.501, F.S.; conforming 19
provisions to changes made by the act; providing an 20
effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. The Division of Law Revision is directed to 25
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 2 of 15
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
rename chapter 595, Florida Statutes, entitled "School Food and 26
Nutrition Services," as "Food and Nutrition." 27
Section 2. Section 500.81, Florida Statutes, is 28
transferred, renumbered as section 595.801, and amended to read: 29
595.801 500.81 Healthy Food Financing Initiative. — 30
(1) DEFINITIONS.—As used in this section, the t erm: 31
(a) "Community facility" means a property owned by a 32
nonprofit or for-profit entity in which health and human 33
services are provided and space is offered in a manner that 34
provides increased access to, or delivery or distribution of, 35
food or other agricultural products to encourage public 36
consumption and household purchases of fresh produce or other 37
healthy food to improve the public health and well -being of low-38
income children, families, and older adults. 39
(b) "Department" means the Department of Agr iculture and 40
Consumer Services. 41
(c) "Independent grocery store or supermarket" means an 42
independently owned grocery store or supermarket whose parent 43
company does not own more than 40 grocery stores throughout the 44
country based upon ownership conditions as identified in the 45
latest Nielsen TDLinx Supermarket/Supercenter database. 46
(d) "Low-income community" means a population census 47
tract, as reported in the most recent United States Census 48
Bureau American Community Survey, which meets one of the 49
following criteria: 50
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 3 of 15
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
1. The poverty rate is at least 20 percent; 51
2. In the case of a low -income community located outside 52
of a metropolitan area, the median family income does not exceed 53
80 percent of the statewide median family income; or 54
3. In the case of a low-income community located inside of 55
a metropolitan area, the median family income does not exceed 80 56
percent of the statewide median family income or 80 percent of 57
the metropolitan median family income, whichever is greater. 58
(e) "Program" means the Healthy Food Financing Initiative 59
established by the department. 60
(f) "Underserved community" means a low-income community 61
distressed urban, suburban, or rural geographic area where a 62
substantial number of residents have low access to a full -63
service supermarket or grocery store. An area with limited 64
supermarket access must be: 65
1. A census tract, as determined to be an area with low 66
access by the United States Department of Agriculture, as 67
identified in the Food Access Research Atlas; 68
2. Identified as a limited supermarket access area as 69
recognized by the Community Development Financial Institutions 70
Fund of the United States Department of the Treasury; or 71
3. Identified as an area with low access to a supermarket 72
or grocery store through a methodology t hat has been adopted for 73
use by another governmental initiative, or a well-established or 74
well-regarded philanthropic healthy food initiative. 75
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 4 of 15
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
(2) HEALTHY FOOD FINANCING INITIATIVE PROGRAM. —The 76
department shall establish a Healthy Food Financing Initiati ve 77
program that provides grants and loans is composed of and 78
coordinates the use of grants from any source; federal, state, 79
and private loans from a governmental entity or institutions 80
regulated by a governmental entity; federal tax credits; and 81
other types of financial assistance for the construction, 82
rehabilitation, or expansion of independent grocery stores, 83
supermarkets, community facilities, or other retail outlets 84
structures to increase access to affordable fresh produce and 85
other nutritious food in u nderserved communities. 86
(3) THIRD-PARTY ADMINISTRATORS; QUALIFICATIONS. — 87
(a) The department may contract with one or more qualified 88
nonprofit organizations or Florida -based federally certified 89
community development financial institutions to administer the 90
program through a public -private partnership. 91
(b) A qualified nonprofit organization must be able to 92
demonstrate all of the following: 93
1. Prior experience in healthy food financing. 94
2. An exemption from taxation under s. 501(c)(3) of the 95
Internal Revenue Code. 96
3. The ability to successfully manage and operate lending 97
and grant programs. 98
4. The ability to assume full financial risk for loans 99
made under the program. 100
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 5 of 15
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
(c) Eligible community development financial institutions 101
must be able to demo nstrate all of the following : 102
1. Prior experience in healthy food financing. 103
2. Certification by Support from the Community Development 104
Financial Institutions Fund of the United States Department of 105
the Treasury. 106
3. The ability to successfully manage and operate lending 107
and tax credit programs. 108
4. The ability to assume full financial risk for loans 109
made under the program this initiative. 110
(d) Any third-party administrator that contracts with the 111
department shall provide quarterly updates to the dep artment. 112
(4)(b) DUTIES OF THE DEPARTMENT OR THIRD -PARTY 113
ADMINISTRATOR.—The department or a third-party administrator 114
shall do all of the following : 115
(a)1. Establish program guidelines, raise matching funds, 116
promote the program statewide, evaluate applic ants, make award 117
decisions, underwrite and disburse grants and loans, and monitor 118
compliance and impact. The department may contract with a third -119
party administrator to carry out such duties. If the department 120
contracts with a third -party administrator, fu nds shall be 121
granted to the third -party administrator to create a revolving 122
loan fund for the purpose of financing projects that meet the 123
criteria of the program. The third -party administrator shall 124
report to the department annually. 125
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 6 of 15
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
(b)2. Create eligibility guidelines and provide financing 126
through an application process. Eligible projects must: 127
a. Be located in an underserved community; 128
b. Primarily serve low -income communities; and 129
c. Provide for the renovation or expansion of, including 130
infrastructure upgrades to, existing independent grocery stores 131
or supermarkets; or the renovation or expansion of, including 132
infrastructure upgrades to, community facilities to improve the 133
availability and quality of fresh produce and other healthy 134
foods. 135
(c)3. Report annually to the President of the Senate and 136
the Speaker of the House of Representatives on the projects 137
funded, the geographic distribution of the projects, the costs 138
of the program, and the outcomes, including the number and type 139
of jobs created. 140
(4)(a) The Office of Program Policy Analysis and 141
Government Accountability shall review the program and data 142
collected from the department after a term of 7 years and report 143
to the President of the Senate and the Speaker of the House of 144
Representatives. The report shall include, but is not limited 145
to, health impacts based on data collected by the state on 146
diabetes, heart disease and other obesity -related diseases, and 147
other factors as determined by the department. 148
(b) If the report determines the program to be 149
unsuccessful after 7 years, the department shall create 150
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 7 of 15
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
guidelines for unused funds to be returned to the initial 151
investor. 152
(5) PROGRAM PARTICIPANTS. —Entities that may apply for 153
funding under the program include A for-profit entities entity, 154
including a convenience stores store or a fueling stations; and 155
station, or a not-for-profit entities entity, including, but not 156
limited to, a sole proprietorships, partnerships proprietorship, 157
partnership, limited liability companies, corporations, 158
cooperatives company, corporation, cooperative , nonprofit 159
organizations organization, nonprofit community development 160
entities entity, or private universities university, may apply 161
for financing. 162
(a) A program An applicant for financing must do all of 163
the following: 164
1.(a) Demonstrate the capacity to successfully implement 165
the project and the likelihood that the project will be 166
economically self-sustaining.; 167
2.(b) Demonstrate the ability to repay the loan .; and 168
(c) Agree, as an independent grocery store or supermarket, 169
for at least 5 years, to: 170
3.1. Accept Supplemental Nutrition Assistance Program 171
benefits and; 172
2. Apply to accept Special Supplemental Nutrition Program 173
for Women, Infants, and Children benefits . and accept such 174
benefits, if approved; 175
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 8 of 15
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
4.3. For independent grocery stores and supermarkets, 176
allocate at least 30 percent of floor food retail space for the 177
sale of perishable foods, which may include fresh or frozen 178
dairy products, fresh produce, and fresh meats, poultry, and 179
fish.; 180
5.4. Comply with all data collection and reporting 181
requirements established by the department .; and 182
6.5. Promote the hiring of local residents. 183
(b) The department shall give preference to Florida -based 184
grocers, local busine ss owners with experience in grocery 185
stores, and grocers and business owners with a business plan 186
that includes written documentation of opportunities to purchase 187
from farmers and growers in this state before seeking out -of-188
state purchases. 189
(6) PROJECT ELIGIBILITY.— 190
(a) To be eligible for funding under the program, a 191
project must: 192
1. Be located in an underserved community; and 193
2. Provide for the construction of independent grocery 194
stores or supermarkets; renovation, expansion, and 195
infrastructure upgrades to stores and community facilities that 196
improve the availability and quality of fresh produce and other 197
healthy foods; or other projects that create or improve access 198
to affordable fresh produce which meet the intent of this 199
section, as determined by the department or a third -party 200
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 9 of 15
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
administrator. 201
(b) Projects including, but not limited to, corner stores, 202
bodegas, or other types of nontraditional grocery stores that do 203
not meet the 30 percent space minimum in subparagraph (5)(a)4. 204
may 3. can still qualify for funding if such funding will be 205
used for refrigeration, displays, or other one -time capital 206
expenditures to promote the sale of fresh produce and other 207
healthy foods. 208
(6) In determining which qualified projects to finance, 209
the department or thi rd-party administrator shall: 210
(a) Give preference to local Florida -based grocers or 211
local business owners with experience in grocery stores and to 212
grocers and business owners with a business plan model that 213
includes written documentation of opportunities to purchase from 214
Florida farmers and growers before seeking out -of-state 215
purchases; 216
(b) Consider the level of need in the area to be served; 217
(c) Consider the degree to which the project will have a 218
positive economic impact on the underserved community , including 219
the creation or retention of jobs for local residents; 220
(d) Consider the location of existing independent grocery 221
stores, supermarkets, or other markets relevant to the 222
applicant's project and provide the established entity the right 223
of first refusal for such project; and 224
(e) Consider other criteria as determined by the 225
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 10 of 15
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
department. 226
(c)(7) A minimum of three eligible projects shall be 227
funded annually. Financing under this program for eligible 228
projects may be used for any of the following purposes: 229
1.(a) Site acquisition and preparation. 230
2.(b) Construction and build -out costs. 231
3.(c) Equipment and furnishings. 232
4.(d) Workforce training or security. 233
5.(e) Predevelopment costs, such as market studies and 234
appraisals. 235
6.(f) Energy efficiency measures. 236
7.(g) Working capital for first -time inventory and startup 237
costs, including seeds and starter plants for residential 238
produce cultivation. 239
(h) Acquisition of seeds and starter plants for the 240
residential cultivation of fr uits, vegetables, herbs, and other 241
culinary products. However, only 7 percent of the total funds 242
expended in any one project under this section may be used for 243
such acquisition. 244
8.(i) Other purposes as determined necessary and 245
reasonable by the department or a third-party administrator. 246
(7) PROGRAM REVIEW. — 247
(a) The Office of Program Policy Analysis and Government 248
Accountability shall review the program and data collected from 249
the department after a term of 7 years and provide a report to 250
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 11 of 15
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
the President of the Senate and the Speaker of the House of 251
Representatives. The report shall include economic impact and 252
health outcomes data and other factors as determined by the 253
department. 254
(b) If the report determines the program to be 255
unsuccessful after 7 years , the department shall return any 256
initial funds that have not been loaned, granted, or leveraged 257
in a revolving loan fund to the General Revenue Fund. 258
(8) FUNDING.—The department's performance and obligation 259
to pay under this section is contingent upon a n annual 260
appropriation by the Legislature as provided in s. 287.0582. If 261
the department contracts with a third -party administrator, funds 262
must be advanced from the department's annual appropriation to 263
the third-party administrator in order to implement thi s 264
section. 265
(9)(8) RULES.—The department shall adopt rules to 266
administer this section. 267
(9) The department may not distribute more than $500,000 268
among more than three recipients. 269
Section 3. Section 595.401, Florida Statutes, is amended 270
to read: 271
595.401 Short title.—Sections 595.401-595.601 This chapter 272
may be cited as the "Florida School Food and Nutrition Act." 273
Section 4. Section 595.402, Florida Statutes, is amended 274
to read: 275
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 12 of 15
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
595.402 Definitions. —As used in this act chapter, the 276
term: 277
(1) "Commissioner" means the Commissioner of Agriculture. 278
(2) "Department" means the Department of Agriculture and 279
Consumer Services. 280
(3) "Program" means any one or more of the school food and 281
nutrition service programs that the department has 282
responsibility over including, but not limited to, the National 283
School Lunch Program, the Special Milk Program, the School 284
Breakfast Program, the Summer Food Service Program, the Fresh 285
Fruit and Vegetable Program, and any other program that relates 286
to school nutrition. 287
(4) "School breakfast program" means a program authorized 288
by s. 4 of the Child Nutrition Act of 1966, as amended, and 289
administered by the department. 290
(5) "School district" means any of the 67 county school 291
districts, including the respective district school board. 292
(6) "Sponsor" means any entity that is conducting a 293
program under a current agreement with the department. 294
(7) "Summer nutrition program" means one or more of the 295
programs authorized under 42 U.S.C. s. 1761. 296
(8) "Universal school break fast program" means a program 297
that makes breakfast available at no cost to all students 298
regardless of their household income. 299
Section 5. Subsections (3), (9), (10), (11), and (13) of 300
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 13 of 15
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
section 595.404, Florida Statutes, are amended to read: 301
595.404 School food and other nutrition programs; powers 302
and duties of the department. —The department has the following 303
powers and duties: 304
(3) To fully cooperate with the United States Government 305
and its agencies and instrumentalities so that the department 306
may receive the benefit of all federal financial allotments and 307
assistance possible to carry out the purposes of this act 308
chapter. 309
(9) To employ such persons as are necessary to perform its 310
duties under this act chapter. 311
(10) To adopt rules covering the admin istration, 312
operation, and enforcement of the program and the farmers' 313
market nutrition program, as well as to implement the provisions 314
of this act chapter. 315
(11) To adopt and implement an appeal process by rule, as 316
required by federal regulations, for app licants and participants 317
under the programs implemented pursuant to this act chapter, 318
notwithstanding ss. 120.569 and 120.57 -120.595. 319
(13) To advance funds from the program's annual 320
appropriation to a summer nutrition program sponsor, when 321
requested, in order to implement the provisions of this act 322
chapter and in accordance with federal regulations. 323
Section 6. Paragraph (b) of subse ction (1) and subsections 324
(2) and (4) of section 595.408, Florida Statutes, are amended to 325
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 14 of 15
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
read: 326
595.408 Food distribution services; department 327
responsibilities and functions. — 328
(1) 329
(b) The department shall determine the benefits each 330
applicant or recipient of assistance is entitled to receive 331
under this act chapter, provided that each applicant or 332
recipient is a resident of this state and a citizen of the 333
United States or is an alien lawfully admitted for permanent 334
residence or otherwise permanently re siding in the United States 335
under color of law. 336
(2) The department shall cooperate fully with the United 337
States Government and its agencies and instrumentalities so that 338
the department may receive the benefit of all federal financial 339
allotments and assis tance possible to carry out the purposes of 340
this act chapter. 341
(4) This act chapter does not limit, abrogate, or abridge 342
the powers and duties of any other state agency. 343
Section 7. Subsection (2) of section 595.501, Florida 344
Statutes, is amended to read: 345
595.501 Corrective action plans; penalties. — 346
(2) Any person or sponsor that violates any provision of 347
this act chapter or any rule adopted thereunder or otherwise 348
does not comply with the program is subject to a suspension or 349
revocation of their agreement, loss of reimbursement, or a 350
HB 1311 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1311-00
Page 15 of 15
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
financial penalty in accordance with federal or state law, or 351
both. This section does not restrict the applicability of any 352
other law. 353
Section 8. This act shall take effect July 1, 2022. 354