Florida 2022 2022 Regular Session

Florida Senate Bill S7028 Analysis / Analysis

Filed 02/24/2022

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Appropriations Subcommittee on Agriculture, Environment, and General 
Government  
BILL: PCS/SB 7028 (827852) 
INTRODUCER:  Appropriations Subcommittee on Agriculture, Environment, and General Government; 
and Agriculture Committee 
SUBJECT:  Food Policy Advisory Council 
DATE: February 24, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
 Fink Becker AG Submitted as Committee Bill 
1. Blizzard Betta AEG  Recommend: Fav/CS 
2.     AP  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Technical Changes 
 
I. Summary: 
PCS/SB 7028 creates the Food Policy Advisory Council (council). The purpose of the council is 
to serve as a forum for presenting, investigating, and evaluating barriers to food access for 
Floridians and for identifying solutions to such barriers. The bill specifies requirements for the 
membership, meetings, compensation, and duties of the council.  
 
The bill requires the council to submit a report to the Governor, President of the Senate, and 
Speaker of the House of Representatives containing its findings and recommendations on how to 
best increase access to food in Florida. 
 
The bill has an insignificant fiscal impact on state expenditures. 
 
The bill takes effect upon becoming law. 
II. Present Situation: 
The Office of Program Policy Analysis and Government Accountability (OPPAGA) prepared a 
research memorandum to describe low income, low access (LILA) census tracts in the state, 
which includes describing what is known about LILA food areas and the effects on residents of 
REVISED:   BILL: PCS/SB 7028 (827852)   	Page 2 
 
those areas.
1
 The memorandum outlines the incidence of LILA census tracts statewide, 
specifically, the number of people that are both low income and have limited access to healthy 
food options by census tract; provides additional information about LILA areas in Hillsborough, 
Pinellas, and Suwannee counties; and provides high level policy considerations to expand access 
to healthy food in LILA areas. 
 
In Florida, the number of LILA tracts has decreased since 2015, but barriers to healthy food 
access remain.
2
 Approximately 13.5 percent of Floridians live in census tracts that are both low 
income and low access, with a larger percentage of urban residents compared to rural residents. 
In Hillsborough and Pinellas counties, residents of LILA census tracts are from a 
disproportionately lower socioeconomic minority group compared to other areas of the county 
and the LILA census tracts have high poverty rates, and few, if any major chain supermarkets. 
Public and private entities have started a range of food access initiatives in these counties, though 
resource constraints present a challenge. In Suwannee County, the two LILA census tracts have a 
higher proportion of residents that are 65 and older, have no major chain supermarkets, and 
stakeholders report that the largest barrier to healthy food access is transportation. 
 
High relative availability of unhealthy food refers to geographic areas where there is a high ratio 
of unhealthy food sources to healthy food sources. Such areas are sometimes referred to as food 
swamps. Both low-access and unhealthy food environments have been associated with a range of 
social, economic, and health concerns. A “low income” census tract is characterized by a poverty 
rate greater than 20 percent, or median family income of less than or equal to 80 percent of the 
statewide median family income, or in metropolitan areas, 80 percent of the metropolitan area 
median family income. A “low access” census tract is characterized by an area where at least 500 
people, or 33 percent of the population is greater than one mile or 10 miles from a supermarket, 
supercenter, or large grocery store. 
 
To address issues related to food access, OPPAGA identified options for legislative 
consideration. These options include developing or supporting food access planning at the state 
and local levels, building on existing programs, increasing participation in existing programs 
such as the Supplemental Nutrition Program (SNAP) and Women, Infants, and Children (WIC), 
providing assistance for food program matching requirements for federal food programs, 
addressing root causes by investing in education and workforce development, and providing 
funding for local food system initiatives. 
 
The Department of Agriculture and Consumer Services’ Food Security Advisory Committee 
(FSAC) was established in 2020 by the Commissioner of Agriculture and Consumer Services 
(commissioner) and charged with the responsibility of creating a statewide plan for addressing 
food security.
3
 
 
                                                
1
 Office of Program Policy and Government Accountability, “Geographic Access to Healthy Food in Florida,” (December 27, 
2021).  
2
 Id. at 10 
3
 Florida Department of Agriculture and Consumer Services, “Food Security Advisory Committee,” see 
https://www.fdacs.gov/About-Us/Advisory-Councils-and-Committees/Food-Security-Advisory-Committee (last visited 
Jan. 11, 2022).   BILL: PCS/SB 7028 (827852)   	Page 3 
 
The FSAC recommends to the commissioner policies and statewide strategies that would reduce 
hunger, eradicate food insecurity and increase participation in federally funded nutrition 
assistance programs. The FSAC also provides, advises and consults with the commissioner and 
the division directors of the department, at their request or upon its own initiative, regarding the 
promulgation, administration and enforcement of all laws and rules relating to reducing hunger 
and enhancing the food security of Florida residents in addition to any other issues within the 
Advisory Committee’s expertise.
4
 
III. Effect of Proposed Changes: 
The bill creates the Food Policy Advisory Council (council), an advisory council as defined in 
s. 20.03(7), F.S., adjunct to the Department of Agriculture and Consumer Services (department).  
 
The bill establishes that the purpose of the council is to serve as a forum for presenting, 
investigating, and evaluating barriers to food access for the residents of Florida and for 
identifying solutions to such barriers. 
 
The council shall be made up of the following members: 
 The Commissioner of Agriculture and Consumer Services (or his or her designee); 
 The State Surgeon General (or his or her designee);  
 The Commissioner of Education (or his or her designee); 
 A person actively participating in the growing of food in this state, appointed by the 
President of the Senate; 
 A food retailer, appointed by the President of the Senate;  
 A representative of an anti-hunger organization appointed by the Speaker of the House of 
Representatives; and 
 Each of the following food bank representatives, (or his or her designee): 
o The executive director of Feeding Florida. 
o The chief executive officer of Second Harvest of the Big Bend. 
o The chief executive officer of Feeding the Gulf Coast. 
o The food bank director of Florida Gateway Food Bank. 
o The president of Feeding Northeast Florida. 
o The chief executive officer of Bread of the Mighty Food Bank. 
o The president of First Step Food Bank. 
o The president of Second Harvest of Central Florida. 
o The president of Feeding Tampa Bay. 
o The chief executive officer of All Faiths Food Bank. 
o The president of the Treasure Coast Food Bank. 
o The president of the Harry Chapin Food Bank. 
o The president of Feeding South Florida. 
o The chief executive officer of the Palm Beach County Food Bank. 
 
The bill requires that the council shall elect by a two-thirds vote of the members one member to 
serve as chair of the council. A majority of the members of the council constitutes a quorum. 
 
                                                
4
 Id.   BILL: PCS/SB 7028 (827852)   	Page 4 
 
The bill requires the council to meet at least once a quarter at the call of the chair. Council 
members shall serve without compensation but may be reimbursed for per diem and travel 
expenses incurred while attending meetings of the council. 
 
The duties of the council are to: 
 Identify barriers to food security in Florida; 
 Develop a food system policy that takes into consideration economic and transportation 
challenges faced by Floridians who are food insecure; and  
 Submit recommendations to the Governor, President of the Senate, and Speaker of the House 
of Representatives for increasing access to food. 
 
Additionally, the bill requires that by September 1 of each year, beginning in 2023, the council 
shall submit a report to the Governor, President of the Senate, and Speaker of the House of 
Representatives containing its findings and recommendations on how to best increase access to 
food. 
 
The bill takes effect upon becoming law. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None.  BILL: PCS/SB 7028 (827852)   	Page 5 
 
C. Government Sector Impact: 
The fiscal impact of the bill is insignificant. The department may incur costs associated 
with the council related to per diem and travel expenses. These costs will be absorbed 
within existing resources. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill creates section 500.82 of the Florida Statues.  
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
Recommended CS by Appropriations Subcommittee on Agriculture, Environment, 
and General Government on February 22, 2022: 
The committee substitute adds the chief executive officer of the Palm Beach County 
Food Bank to the Food Policy Advisory Council. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.