Florida 2023 Regular Session

Florida House Bill H0307 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; requiring the Office of Program Policy Analysis 14
28	28	and Government Accountability to review the program 15
29	29	and collected data after a specified timeframe and 16
30	30	provide the Legislature with a specified report; 17
31	31	specifying that program funding is subject to and 18
32	32	provided from certain appropriations; deleting a 19
33	33	prohibition relating to funding distribution; amending 20
34	34	ss. 595.401, 595.402, 595.404, 595.408, and 595.501, 21
35	35	F.S.; conforming provisions to changes made by the 22
36	36	act; providing an effective date. 23
37	37	24
38	38	Be It Enacted by the Legislature of the State of Florida: 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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52	52	Section 1. The Division of Law Revision is directed to 27
53	53	rename chapter 595, Florida Statutes, entitled "School Food and 28
54	54	Nutrition Services," as "Food and Nutrition." 29
55	55	Section 2. Section 500.81, Florida Statutes, is 30
56	56	transferred, renumbered as section 595.801, an d amended to read: 31
57	57	595.801 500.81 Healthy Food Financing Initiative. — 32
58	58	(1) DEFINITIONS.—As used in this section, the term: 33
59	59	(a) "Community facility" means a property owned by a 34
60	60	nonprofit or for-profit entity in which health and human 35
61	61	services are provided and space is offered in a manner that 36
62	62	provides increased access to, or delivery or distribution of, 37
63	63	food or other agricultural products to encourage public 38
64	64	consumption and household purchases of fresh produce or other 39
65	65	healthy food to improve the public health and well-being of low-40
66	66	income children, families, and older adults. 41
67	67	(b) "Department" means the Department of Agriculture and 42
68	68	Consumer Services. 43
69	69	(c) "Independent grocery store or supermarket" means an 44
70	70	independently owned grocery store or supermar ket whose parent 45
71	71	company does not own more than 40 grocery stores throughout the 46
72	72	country based upon ownership conditions as identified in the 47
73	73	latest Nielsen TDLinx Supermarket/Supercenter database. 48
74	74	(d) "Low-income community" means a population census 49
75	75	tract, as reported in the most recent United States Census 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	Bureau American Community Survey, which meets one of the 51
89	89	following criteria: 52
90	90	1. The poverty rate is at least 20 percent; 53
91	91	2. In the case of a low -income community located outside 54
92	92	of a metropolitan area, the median family income does not exceed 55
93	93	80 percent of the statewide median family income; or 56
94	94	3. In the case of a low -income community located inside of 57
95	95	a metropolitan area, the median family income does not exceed 80 58
96	96	percent of the statewide media n family income or 80 percent of 59
97	97	the metropolitan median family income, whichever is greater. 60
98	98	(e) "Program" means the Healthy Food Financing Initiative 61
99	99	established by the department. 62
100	100	(f) "Underserved community" means a low-income community 63
101	101	distressed urban, suburban, or rural geographic area where a 64
102	102	substantial number of residents have low access to a full -65
103	103	service supermarket or grocery store. An area with limited 66
104	104	supermarket access must be: 67
105	105	1. A census tract, as determined to be an area with low 68
106	106	access by the United States Department of Agriculture, as 69
107	107	identified in the Food Access Research Atlas; 70
108	108	2. Identified as a limited supermarket access area as 71
109	109	recognized by the Community Development Financial Institutions 72
110	110	Fund of the United States Departm ent of the Treasury; or 73
111	111	3. Identified as an area with low access to a supermarket 74
112	112	or grocery store through a methodology that has been adopted for 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	use by another governmental initiative, or a well-established or 76
126	126	well-regarded philanthropic healthy food i nitiative. 77
127	127	(2) HEALTHY FOOD FINANCING INITIATIVE PROGRAM. —The 78
128	128	department shall establish a Healthy Food Financing Initiative 79
129	129	program that provides grants and loans is composed of and 80
130	130	coordinates the use of grants from any source; federal, state, 81
131	131	and private loans from a governmental entity or institutions 82
132	132	regulated by a governmental entity; federal tax credits; and 83
133	133	other types of financial assistance for the construction, 84
134	134	rehabilitation, or expansion of independent grocery stores, 85
135	135	supermarkets, community facilities, or other retail outlets 86
136	136	structures to increase access to affordable fresh produce and 87
137	137	other nutritious food in underserved communities. 88
138	138	(3) THIRD-PARTY ADMINISTRATORS; QUALIFICATIONS. — 89
139	139	(a) The department may contract with one or more qualif ied 90
140	140	nonprofit organizations or Florida -based federally certified 91
141	141	community development financial institutions to administer the 92
142	142	program through a public -private partnership. 93
143	143	(b) A qualified nonprofit organization must be able to 94
144	144	demonstrate all of the fo llowing: 95
145	145	1. Prior experience in healthy food financing. 96
146	146	2. An exemption from taxation under s. 501(c)(3) of the 97
147	147	Internal Revenue Code. 98
148	148	3. The ability to successfully manage and operate lending 99
149	149	and grant programs. 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	4. The ability to assume full finan cial risk for loans 101
163	163	made under the program. 102
164	164	(c) Eligible community development financial institutions 103
165	165	must be able to demonstrate all of the following : 104
166	166	1. Prior experience in healthy food financing. 105
167	167	2. Certification by Support from the Community Development 106
168	168	Financial Institutions Fund of the United States Department of 107
169	169	the Treasury. 108
170	170	3. The ability to successfully manage and operate lending 109
171	171	and tax credit programs. 110
172	172	4. The ability to assume full financial risk for loans 111
173	173	made under the program this initiative. 112
174	174	(d) Any third-party administrator that contracts with the 113
175	175	department shall provide quarterly updates to the department. 114
176	176	(4)(b) DUTIES OF THE DEPARTMENT OR THIRD -PARTY 115
177	177	ADMINISTRATOR.—The department or a third-party administrator 116
178	178	shall do all of the following: 117
179	179	(a)1. Establish program guidelines, raise matching funds, 118
180	180	promote the program statewide, evaluate applicants, make award 119
181	181	decisions, underwrite and disburse grants and loans, and monitor 120
182	182	compliance and impact. The department may contract with a third-121
183	183	party administrator to carry out such duties. If the department 122
184	184	contracts with a third -party administrator, funds shall be 123
185	185	granted to the third -party administrator to create a revolving 124
186	186	loan fund for the purpose of financing projects that mee t the 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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197	197
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199	199	criteria of the program. The third -party administrator shall 126
200	200	report to the department annually. 127
201	201	(b)2. Create eligibility guidelines and provide financing 128
202	202	through an application process. Eligible projects must: 129
203	203	a. Be located in an underserved community; 130
204	204	b. Primarily serve low -income communities; and 131
205	205	c. Provide for the renovation or expansion of, including 132
206	206	infrastructure upgrades to, existing independent grocery stores 133
207	207	or supermarkets; or the renovation or expansion of, including 134
208	208	infrastructure upgrades to, community facilities to improve the 135
209	209	availability and quality of fresh produce and other healthy 136
210	210	foods. 137
211	211	(c)3. Report annually to the President of the Senate and 138
212	212	the Speaker of the House of Representatives on the projects 139
213	213	funded, the geographic distribution of the projects, the costs 140
214	214	of the program, and the outcomes, including the number and type 141
215	215	of jobs created. 142
216	216	(4)(a) The Office of Program Policy Analysis and 143
217	217	Government Accountability shall review the program and data 144
218	218	collected from the department after a term of 7 years and report 145
219	219	to the President of the Senate and the Speaker of the House of 146
220	220	Representatives. The report shall include, but is not limited 147
221	221	to, health impacts based on data collected by the state on 148
222	222	diabetes, heart disease a nd other obesity-related diseases, and 149
223	223	other factors as determined by the department. 150
224	224
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236	236	(b) If the report determines the program to be 151
237	237	unsuccessful after 7 years, the department shall create 152
238	238	guidelines for unused funds to be returned to the initial 153
239	239	investor. 154
240	240	(5) PROGRAM PARTICIPANTS. —Entities that may apply for 155
241	241	funding under the program include A for-profit entities entity, 156
242	242	including a convenience stores store or a fueling stations; and 157
243	243	station, or a not-for-profit entities entity, including, but not 158
244	244	limited to, a sole proprietorships, partnerships proprietorship, 159
245	245	partnership, limited liability companies, corporations, 160
246	246	cooperatives company, corporation, cooperative , nonprofit 161
247	247	organizations organization, nonprofit community development 162
248	248	entities entity, or private universities university, may apply 163
249	249	for financing. 164
250	250	(a) A program An applicant for financing must do all of 165
251	251	the following: 166
252	252	1.(a) Demonstrate the capacity to successfully implement 167
253	253	the project and the likelihood that the project will be 168
254	254	economically self-sustaining.; 169
255	255	2.(b) Demonstrate the ability to repay the loan .; and 170
256	256	(c) Agree, as an independent grocery store or supermarket, 171
257	257	for at least 5 years, to: 172
258	258	3.1. Accept Supplemental Nutrition Assistance Program 173
259	259	benefits and; 174
260	260	2. Apply to accept Special Supplemental Nutrition Program 175
261	261
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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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271	271
272	272
273	273	for Women, Infants, and Children benefits . and accept such 176
274	274	benefits, if approved; 177
275	275	4.3. For independent grocery stores and supermarkets, 178
276	276	allocate at least 30 percent of floor food retail space for the 179
277	277	sale of perishable foods, which may include fresh or frozen 180
278	278	dairy products, fresh produce, and fresh meats, poultry, and 181
279	279	fish.; 182
280	280	5.4. Comply with all data collection and reporting 183
281	281	requirements established by the department .; and 184
282	282	6.5. Promote the hiring of local residents. 185
283	283	(b) The department shall give preference to Florida -based 186
284	284	grocers, local business owners with experience in grocery 187
285	285	stores, and grocers and business owners with a business plan 188
286	286	that includes written documentation of opp ortunities to purchase 189
287	287	from farmers and growers in this state before seeking out -of-190
288	288	state purchases. 191
289	289	(6) PROJECT ELIGIBILITY. — 192
290	290	(a) To be eligible for funding under the program, a 193
291	291	project must: 194
292	292	1. Be located in an underserved community; and 195
293	293	2. Provide for the construction of independent grocery 196
294	294	stores or supermarkets; renovation, expansion, and 197
295	295	infrastructure upgrades to stores and community facilities that 198
296	296	improve the availability and quality of fresh produce and other 199
297	297	healthy foods; or other projec ts that create or improve access 200
298	298
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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	to affordable fresh produce which meet the intent of this 201
311	311	section, as determined by the department or a third -party 202
312	312	administrator. 203
313	313	(b) Projects including, but not limited to, corner stores, 204
314	314	bodegas, or other types of nont raditional grocery stores that do 205
315	315	not meet the 30 percent floor space minimum in subparagraph 206
316	316	(5)(a)4. may 3. can still qualify for funding if such funding 207
317	317	will be used for refrigeration, displays, or other one -time 208
318	318	capital expenditures to promote the sale of fresh produce and 209
319	319	other healthy foods. 210
320	320	(6) In determining which qualified projects to finance, 211
321	321	the department or third -party administrator shall: 212
322	322	(a) Give preference to local Florida -based grocers or 213
323	323	local business owners with experience in grocery stores and to 214
324	324	grocers and business owners with a business plan model that 215
325	325	includes written documentation of opportunities to purchase from 216
326	326	Florida farmers and growers before seeking out -of-state 217
327	327	purchases; 218
328	328	(b) Consider the level of need in the area to b e served; 219
329	329	(c) Consider the degree to which the project will have a 220
330	330	positive economic impact on the underserved community, including 221
331	331	the creation or retention of jobs for local residents; 222
332	332	(d) Consider the location of existing independent grocery 223
333	333	stores, supermarkets, or other markets relevant to the 224
334	334	applicant's project and provide the established entity the right 225
335	335
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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	of first refusal for such project; and 226
348	348	(e) Consider other criteria as determined by the 227
349	349	department. 228
350	350	(c)(7) A minimum of three eligible proj ects shall be 229
351	351	funded annually. Financing under this program for eligible 230
352	352	projects may be used for any of the following purposes: 231
353	353	1.(a) Site acquisition and preparation. 232
354	354	2.(b) Construction and build -out costs. 233
355	355	3.(c) Equipment and furnishings. 234
356	356	4.(d) Workforce training or security. 235
357	357	5.(e) Predevelopment costs, such as market studies and 236
358	358	appraisals. 237
359	359	6.(f) Energy efficiency measures. 238
360	360	7.(g) Working capital for first -time inventory and startup 239
361	361	costs, including seeds and starter plants for residential 240
362	362	produce cultivation. 241
363	363	(h) Acquisition of seeds and starter plants for the 242
364	364	residential cultivation of fruits, vegetables, herbs, and other 243
365	365	culinary products. However, only 7 percent of the total funds 244
366	366	expended in any one project under this section may be used for 245
367	367	such acquisition. 246
368	368	8.(i) Other purposes as determined necessary and 247
369	369	reasonable by the department or a third -party administrator. 248
370	370	(7) PROGRAM REVIEW. — 249
371	371	(a) The Office of Program Policy Analysis and Government 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	Accountability shall review the program and data collected from 251
385	385	the department after a term of 7 years and provide a report to 252
386	386	the President of the Senate and the Speaker of the House of 253
387	387	Representatives. The report must include economic impact and 254
388	388	health outcomes data and other factors a s determined by the 255
389	389	department. 256
390	390	(b) If the report determines the program to be 257
391	391	unsuccessful after 7 years, the department must return any 258
392	392	initial funds that have not been loaned, granted, or leveraged 259
393	393	in a revolving loan fund to the General Revenue Fund. 260
394	394	(8) FUNDING.—The department's performance and obligation 261
395	395	to pay under this section is contingent upon an annual 262
396	396	appropriation by the Legislature as provided in s. 287.0582. If 263
397	397	the department contracts with a third -party administrator, funds 264
398	398	must be advanced from the department's annual appropriation to 265
399	399	the third-party administrator in order to implement this 266
400	400	section. 267
401	401	(9)(8) RULES.—The department shall adopt rules to 268
402	402	administer this section. 269
403	403	(9) The department may not distribute more than $500,000 270
404	404	among more than three recipients. 271
405	405	Section 3. Section 595.401, Florida Statutes, is amended 272
406	406	to read: 273
407	407	595.401 Short title. —Sections 595.401-595.601 This chapter 274
408	408	may be cited as the "Florida School Food and Nutrition Act." 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	Section 4. Section 595.402, F lorida Statutes, is amended 276
422	422	to read: 277
423	423	595.402 Definitions. —As used in this act chapter, the 278
424	424	term: 279
425	425	(1) "Commissioner" means the Commissioner of Agriculture. 280
426	426	(2) "Department" means the Department of Agriculture and 281
427	427	Consumer Services. 282
428	428	(3) "Program" means any one or more of the school food and 283
429	429	nutrition service programs that the department has 284
430	430	responsibility over including, but not limited to, the National 285
431	431	School Lunch Program, the Special Milk Program, the School 286
432	432	Breakfast Program, the Summer Food Servi ce Program, the Fresh 287
433	433	Fruit and Vegetable Program, and any other program that relates 288
434	434	to school nutrition. 289
435	435	(4) "School breakfast program" means a program authorized 290
436	436	by s. 4 of the Child Nutrition Act of 1966, as amended, and 291
437	437	administered by the departmen t. 292
438	438	(5) "School district" means any of the 67 county school 293
439	439	districts, including the respective district school board. 294
440	440	(6) "Sponsor" means any entity that is conducting a 295
441	441	program under a current agreement with the department. 296
442	442	(7) "Summer nutrition pro gram" means one or more of the 297
443	443	programs authorized under 42 U.S.C. s. 1761. 298
444	444	(8) "Universal school breakfast program" means a program 299
445	445	that makes breakfast available at no cost to all students 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	regardless of their household income. 301
459	459	Section 5. Subsection s (3), (9), (10), (11), and (13) of 302
460	460	section 595.404, Florida Statutes, are amended to read: 303
461	461	595.404 School food and other nutrition programs; powers 304
462	462	and duties of the department. —The department has the following 305
463	463	powers and duties: 306
464	464	(3) To fully cooperat e with the United States Government 307
465	465	and its agencies and instrumentalities so that the department 308
466	466	may receive the benefit of all federal financial allotments and 309
467	467	assistance possible to carry out the purposes of this act 310
468	468	chapter. 311
469	469	(9) To employ such person s as are necessary to perform its 312
470	470	duties under this act chapter. 313
471	471	(10) To adopt rules covering the administration, 314
472	472	operation, and enforcement of the program and the farmers' 315
473	473	market nutrition program, as well as to implement the provisions 316
474	474	of this act chapter. 317
475	475	(11) To adopt and implement an appeal process by rule, as 318
476	476	required by federal regulations, for applicants and participants 319
477	477	under the programs implemented pursuant to this act chapter, 320
478	478	notwithstanding ss. 120.569 and 120.57 -120.595. 321
479	479	(13) To advance funds from the program's annual 322
480	480	appropriation to a summer nutrition program sponsor, when 323
481	481	requested, in order to implement the provisions of this act 324
482	482	chapter and in accordance with federal regulations. 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	Section 6. Paragraph (b) of subsection (1) and su bsections 326
496	496	(2) and (4) of section 595.408, Florida Statutes, are amended to 327
497	497	read: 328
498	498	595.408 Food distribution services; department 329
499	499	responsibilities and functions. — 330
500	500	(1) 331
501	501	(b) The department shall determine the benefits each 332
502	502	applicant or recipient of assista nce is entitled to receive 333
503	503	under this act chapter, provided that each applicant or 334
504	504	recipient is a resident of this state and a citizen of the 335
505	505	United States or is an alien lawfully admitted for permanent 336
506	506	residence or otherwise permanently residing in the Un ited States 337
507	507	under color of law. 338
508	508	(2) The department shall cooperate fully with the United 339
509	509	States Government and its agencies and instrumentalities so that 340
510	510	the department may receive the benefit of all federal financial 341
511	511	allotments and assistance possible to carry out the purposes of 342
512	512	this act chapter. 343
513	513	(4) This act chapter does not limit, abrogate, or abridge 344
514	514	the powers and duties of any other state agency. 345
515	515	Section 7. Subsection (2) of section 595.501, Florida 346
516	516	Statutes, is amended to read: 347
517	517	595.501 Corrective action plans; penalties. — 348
518	518	(2) Any person or sponsor that violates any provision of 349
519	519	this act chapter or any rule adopted thereunder or otherwise 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	does not comply with the program is subject to a suspension or 351
533	533	revocation of their agreement, loss of reimbursement, or a 352
534	534	financial penalty in accordance with federal or state law, or 353
535	535	both. This section does not restrict the applicability of any 354
536	536	other law. 355
537	537	Section 8. This act shall take effect July 1, 2023. 356