HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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; requiring the Office of Program Policy Analysis 14
and Government Accountability to review the program 15
and collected data after a specified timeframe and 16
provide the Legislature with a specified report; 17
specifying that program funding is subject to and 18
provided from certain appropriations; deleting a 19
prohibition relating to funding distribution; amending 20
ss. 595.401, 595.402, 595.404, 595.408, and 595.501, 21
F.S.; conforming provisions to changes made by the 22
act; providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
26
Section 1. The Division of Law Revision is directed to 27
rename chapter 595, Florida Statutes, entitled "School Food and 28
Nutrition Services," as "Food and Nutrition." 29
Section 2. Section 500.81, Florida Statutes, is 30
transferred, renumbered as section 595.801, an d amended to read: 31
595.801 500.81 Healthy Food Financing Initiative. — 32
(1) DEFINITIONS.—As used in this section, the term: 33
(a) "Community facility" means a property owned by a 34
nonprofit or for-profit entity in which health and human 35
services are provided and space is offered in a manner that 36
provides increased access to, or delivery or distribution of, 37
food or other agricultural products to encourage public 38
consumption and household purchases of fresh produce or other 39
healthy food to improve the public health and well-being of low-40
income children, families, and older adults. 41
(b) "Department" means the Department of Agriculture and 42
Consumer Services. 43
(c) "Independent grocery store or supermarket" means an 44
independently owned grocery store or supermar ket whose parent 45
company does not own more than 40 grocery stores throughout the 46
country based upon ownership conditions as identified in the 47
latest Nielsen TDLinx Supermarket/Supercenter database. 48
(d) "Low-income community" means a population census 49
tract, as reported in the most recent United States Census 50
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
Bureau American Community Survey, which meets one of the 51
following criteria: 52
1. The poverty rate is at least 20 percent; 53
2. In the case of a low -income community located outside 54
of a metropolitan area, the median family income does not exceed 55
80 percent of the statewide median family income; or 56
3. In the case of a low -income community located inside of 57
a metropolitan area, the median family income does not exceed 80 58
percent of the statewide media n family income or 80 percent of 59
the metropolitan median family income, whichever is greater. 60
(e) "Program" means the Healthy Food Financing Initiative 61
established by the department. 62
(f) "Underserved community" means a low-income community 63
distressed urban, suburban, or rural geographic area where a 64
substantial number of residents have low access to a full -65
service supermarket or grocery store. An area with limited 66
supermarket access must be: 67
1. A census tract, as determined to be an area with low 68
access by the United States Department of Agriculture, as 69
identified in the Food Access Research Atlas; 70
2. Identified as a limited supermarket access area as 71
recognized by the Community Development Financial Institutions 72
Fund of the United States Departm ent of the Treasury; or 73
3. Identified as an area with low access to a supermarket 74
or grocery store through a methodology that has been adopted for 75
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
use by another governmental initiative, or a well-established or 76
well-regarded philanthropic healthy food i nitiative. 77
(2) HEALTHY FOOD FINANCING INITIATIVE PROGRAM. —The 78
department shall establish a Healthy Food Financing Initiative 79
program that provides grants and loans is composed of and 80
coordinates the use of grants from any source; federal, state, 81
and private loans from a governmental entity or institutions 82
regulated by a governmental entity; federal tax credits; and 83
other types of financial assistance for the construction, 84
rehabilitation, or expansion of independent grocery stores, 85
supermarkets, community facilities, or other retail outlets 86
structures to increase access to affordable fresh produce and 87
other nutritious food in underserved communities. 88
(3) THIRD-PARTY ADMINISTRATORS; QUALIFICATIONS. — 89
(a) The department may contract with one or more qualif ied 90
nonprofit organizations or Florida -based federally certified 91
community development financial institutions to administer the 92
program through a public -private partnership. 93
(b) A qualified nonprofit organization must be able to 94
demonstrate all of the fo llowing: 95
1. Prior experience in healthy food financing. 96
2. An exemption from taxation under s. 501(c)(3) of the 97
Internal Revenue Code. 98
3. The ability to successfully manage and operate lending 99
and grant programs. 100
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
4. The ability to assume full finan cial risk for loans 101
made under the program. 102
(c) Eligible community development financial institutions 103
must be able to demonstrate all of the following : 104
1. Prior experience in healthy food financing. 105
2. Certification by Support from the Community Development 106
Financial Institutions Fund of the United States Department of 107
the Treasury. 108
3. The ability to successfully manage and operate lending 109
and tax credit programs. 110
4. The ability to assume full financial risk for loans 111
made under the program this initiative. 112
(d) Any third-party administrator that contracts with the 113
department shall provide quarterly updates to the department. 114
(4)(b) DUTIES OF THE DEPARTMENT OR THIRD -PARTY 115
ADMINISTRATOR.—The department or a third-party administrator 116
shall do all of the following: 117
(a)1. Establish program guidelines, raise matching funds, 118
promote the program statewide, evaluate applicants, make award 119
decisions, underwrite and disburse grants and loans, and monitor 120
compliance and impact. The department may contract with a third-121
party administrator to carry out such duties. If the department 122
contracts with a third -party administrator, funds shall be 123
granted to the third -party administrator to create a revolving 124
loan fund for the purpose of financing projects that mee t the 125
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
criteria of the program. The third -party administrator shall 126
report to the department annually. 127
(b)2. Create eligibility guidelines and provide financing 128
through an application process. Eligible projects must: 129
a. Be located in an underserved community; 130
b. Primarily serve low -income communities; and 131
c. Provide for the renovation or expansion of, including 132
infrastructure upgrades to, existing independent grocery stores 133
or supermarkets; or the renovation or expansion of, including 134
infrastructure upgrades to, community facilities to improve the 135
availability and quality of fresh produce and other healthy 136
foods. 137
(c)3. Report annually to the President of the Senate and 138
the Speaker of the House of Representatives on the projects 139
funded, the geographic distribution of the projects, the costs 140
of the program, and the outcomes, including the number and type 141
of jobs created. 142
(4)(a) The Office of Program Policy Analysis and 143
Government Accountability shall review the program and data 144
collected from the department after a term of 7 years and report 145
to the President of the Senate and the Speaker of the House of 146
Representatives. The report shall include, but is not limited 147
to, health impacts based on data collected by the state on 148
diabetes, heart disease a nd other obesity-related diseases, and 149
other factors as determined by the department. 150
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
(b) If the report determines the program to be 151
unsuccessful after 7 years, the department shall create 152
guidelines for unused funds to be returned to the initial 153
investor. 154
(5) PROGRAM PARTICIPANTS. —Entities that may apply for 155
funding under the program include A for-profit entities entity, 156
including a convenience stores store or a fueling stations; and 157
station, or a not-for-profit entities entity, including, but not 158
limited to, a sole proprietorships, partnerships proprietorship, 159
partnership, limited liability companies, corporations, 160
cooperatives company, corporation, cooperative , nonprofit 161
organizations organization, nonprofit community development 162
entities entity, or private universities university, may apply 163
for financing. 164
(a) A program An applicant for financing must do all of 165
the following: 166
1.(a) Demonstrate the capacity to successfully implement 167
the project and the likelihood that the project will be 168
economically self-sustaining.; 169
2.(b) Demonstrate the ability to repay the loan .; and 170
(c) Agree, as an independent grocery store or supermarket, 171
for at least 5 years, to: 172
3.1. Accept Supplemental Nutrition Assistance Program 173
benefits and; 174
2. Apply to accept Special Supplemental Nutrition Program 175
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
for Women, Infants, and Children benefits . and accept such 176
benefits, if approved; 177
4.3. For independent grocery stores and supermarkets, 178
allocate at least 30 percent of floor food retail space for the 179
sale of perishable foods, which may include fresh or frozen 180
dairy products, fresh produce, and fresh meats, poultry, and 181
fish.; 182
5.4. Comply with all data collection and reporting 183
requirements established by the department .; and 184
6.5. Promote the hiring of local residents. 185
(b) The department shall give preference to Florida -based 186
grocers, local business owners with experience in grocery 187
stores, and grocers and business owners with a business plan 188
that includes written documentation of opp ortunities to purchase 189
from farmers and growers in this state before seeking out -of-190
state purchases. 191
(6) PROJECT ELIGIBILITY. — 192
(a) To be eligible for funding under the program, a 193
project must: 194
1. Be located in an underserved community; and 195
2. Provide for the construction of independent grocery 196
stores or supermarkets; renovation, expansion, and 197
infrastructure upgrades to stores and community facilities that 198
improve the availability and quality of fresh produce and other 199
healthy foods; or other projec ts that create or improve access 200
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
to affordable fresh produce which meet the intent of this 201
section, as determined by the department or a third -party 202
administrator. 203
(b) Projects including, but not limited to, corner stores, 204
bodegas, or other types of nont raditional grocery stores that do 205
not meet the 30 percent floor space minimum in subparagraph 206
(5)(a)4. may 3. can still qualify for funding if such funding 207
will be used for refrigeration, displays, or other one -time 208
capital expenditures to promote the sale of fresh produce and 209
other healthy foods. 210
(6) In determining which qualified projects to finance, 211
the department or third -party administrator shall: 212
(a) Give preference to local Florida -based grocers or 213
local business owners with experience in grocery stores and to 214
grocers and business owners with a business plan model that 215
includes written documentation of opportunities to purchase from 216
Florida farmers and growers before seeking out -of-state 217
purchases; 218
(b) Consider the level of need in the area to b e served; 219
(c) Consider the degree to which the project will have a 220
positive economic impact on the underserved community, including 221
the creation or retention of jobs for local residents; 222
(d) Consider the location of existing independent grocery 223
stores, supermarkets, or other markets relevant to the 224
applicant's project and provide the established entity the right 225
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
of first refusal for such project; and 226
(e) Consider other criteria as determined by the 227
department. 228
(c)(7) A minimum of three eligible proj ects shall be 229
funded annually. Financing under this program for eligible 230
projects may be used for any of the following purposes: 231
1.(a) Site acquisition and preparation. 232
2.(b) Construction and build -out costs. 233
3.(c) Equipment and furnishings. 234
4.(d) Workforce training or security. 235
5.(e) Predevelopment costs, such as market studies and 236
appraisals. 237
6.(f) Energy efficiency measures. 238
7.(g) Working capital for first -time inventory and startup 239
costs, including seeds and starter plants for residential 240
produce cultivation. 241
(h) Acquisition of seeds and starter plants for the 242
residential cultivation of fruits, vegetables, herbs, and other 243
culinary products. However, only 7 percent of the total funds 244
expended in any one project under this section may be used for 245
such acquisition. 246
8.(i) Other purposes as determined necessary and 247
reasonable by the department or a third -party administrator. 248
(7) PROGRAM REVIEW. — 249
(a) The Office of Program Policy Analysis and Government 250
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
Accountability shall review the program and data collected from 251
the department after a term of 7 years and provide a report to 252
the President of the Senate and the Speaker of the House of 253
Representatives. The report must include economic impact and 254
health outcomes data and other factors a s determined by the 255
department. 256
(b) If the report determines the program to be 257
unsuccessful after 7 years, the department must return any 258
initial funds that have not been loaned, granted, or leveraged 259
in a revolving loan fund to the General Revenue Fund. 260
(8) FUNDING.—The department's performance and obligation 261
to pay under this section is contingent upon an annual 262
appropriation by the Legislature as provided in s. 287.0582. If 263
the department contracts with a third -party administrator, funds 264
must be advanced from the department's annual appropriation to 265
the third-party administrator in order to implement this 266
section. 267
(9)(8) RULES.—The department shall adopt rules to 268
administer this section. 269
(9) The department may not distribute more than $500,000 270
among more than three recipients. 271
Section 3. Section 595.401, Florida Statutes, is amended 272
to read: 273
595.401 Short title. —Sections 595.401-595.601 This chapter 274
may be cited as the "Florida School Food and Nutrition Act." 275
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
Section 4. Section 595.402, F lorida Statutes, is amended 276
to read: 277
595.402 Definitions. —As used in this act chapter, the 278
term: 279
(1) "Commissioner" means the Commissioner of Agriculture. 280
(2) "Department" means the Department of Agriculture and 281
Consumer Services. 282
(3) "Program" means any one or more of the school food and 283
nutrition service programs that the department has 284
responsibility over including, but not limited to, the National 285
School Lunch Program, the Special Milk Program, the School 286
Breakfast Program, the Summer Food Servi ce Program, the Fresh 287
Fruit and Vegetable Program, and any other program that relates 288
to school nutrition. 289
(4) "School breakfast program" means a program authorized 290
by s. 4 of the Child Nutrition Act of 1966, as amended, and 291
administered by the departmen t. 292
(5) "School district" means any of the 67 county school 293
districts, including the respective district school board. 294
(6) "Sponsor" means any entity that is conducting a 295
program under a current agreement with the department. 296
(7) "Summer nutrition pro gram" means one or more of the 297
programs authorized under 42 U.S.C. s. 1761. 298
(8) "Universal school breakfast program" means a program 299
that makes breakfast available at no cost to all students 300
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
regardless of their household income. 301
Section 5. Subsection s (3), (9), (10), (11), and (13) of 302
section 595.404, Florida Statutes, are amended to read: 303
595.404 School food and other nutrition programs; powers 304
and duties of the department. —The department has the following 305
powers and duties: 306
(3) To fully cooperat e with the United States Government 307
and its agencies and instrumentalities so that the department 308
may receive the benefit of all federal financial allotments and 309
assistance possible to carry out the purposes of this act 310
chapter. 311
(9) To employ such person s as are necessary to perform its 312
duties under this act chapter. 313
(10) To adopt rules covering the administration, 314
operation, and enforcement of the program and the farmers' 315
market nutrition program, as well as to implement the provisions 316
of this act chapter. 317
(11) To adopt and implement an appeal process by rule, as 318
required by federal regulations, for applicants and participants 319
under the programs implemented pursuant to this act chapter, 320
notwithstanding ss. 120.569 and 120.57 -120.595. 321
(13) To advance funds from the program's annual 322
appropriation to a summer nutrition program sponsor, when 323
requested, in order to implement the provisions of this act 324
chapter and in accordance with federal regulations. 325
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
Section 6. Paragraph (b) of subsection (1) and su bsections 326
(2) and (4) of section 595.408, Florida Statutes, are amended to 327
read: 328
595.408 Food distribution services; department 329
responsibilities and functions. — 330
(1) 331
(b) The department shall determine the benefits each 332
applicant or recipient of assista nce is entitled to receive 333
under this act chapter, provided that each applicant or 334
recipient is a resident of this state and a citizen of the 335
United States or is an alien lawfully admitted for permanent 336
residence or otherwise permanently residing in the Un ited States 337
under color of law. 338
(2) The department shall cooperate fully with the United 339
States Government and its agencies and instrumentalities so that 340
the department may receive the benefit of all federal financial 341
allotments and assistance possible to carry out the purposes of 342
this act chapter. 343
(4) This act chapter does not limit, abrogate, or abridge 344
the powers and duties of any other state agency. 345
Section 7. Subsection (2) of section 595.501, Florida 346
Statutes, is amended to read: 347
595.501 Corrective action plans; penalties. — 348
(2) Any person or sponsor that violates any provision of 349
this act chapter or any rule adopted thereunder or otherwise 350
HB 307 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0307-00
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
does not comply with the program is subject to a suspension or 351
revocation of their agreement, loss of reimbursement, or a 352
financial penalty in accordance with federal or state law, or 353
both. This section does not restrict the applicability of any 354
other law. 355
Section 8. This act shall take effect July 1, 2023. 356