HB 727 2023
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hb0727-00
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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 food insecure areas; creating s. 2
163.31791, F.S.; providing legislative findings; 3
providing definitions; authorizing a local government 4
to enact land development regulations to permit land 5
use for a small-footprint grocery store located in a 6
food insecure area; authorizing a local government to 7
include in its comprehensive plan a provision 8
permitting land use for a small -footprint grocery 9
store located in a food insecure area; authorizing a 10
local government to require mandatory reporting of 11
certain information from a small -footprint grocery 12
store; providing an effective date. 13
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Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Section 163.31791, Florida Statutes, is created 17
to read: 18
163.31791 Food insecure areas. — 19
(1) The Legislature finds that access to affordable, 20
healthy food options, especially fresh fruits and vegetables, is 21
restricted due, in part, to the absence of supermarkets located 22
within a convenient traveling distance. This restriction 23
constitutes a threat to the health, safety, and welfare of the 24
residents of this state. Therefore, the Legislature finds that 25
HB 727 2023
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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
it serves an important public purpose to encourage local 26
governments to grant or approve development permits for land 27
designated as a food insecure area in order to increase the 28
availability of nutrient -dense food options. 29
(2) As used in this section, the term: 30
(a) "Food insecure area" is sy nonymous with "food desert" 31
and means a parcel of land that has been identified by the 32
Office of Economic and Demographic Research as being located in 33
an area: 34
1. Having a poverty rate of at least 20 percent or having 35
a median family income at or below 8 0 percent of the median 36
family income for this state; and 37
2. Having at least 500 persons, or at least 33 percent of 38
the population, who, in urban communities, live more than 1 mile 39
from a supermarket or who, in rural communities, live more than 40
10 miles from a supermarket. 41
(b) "Nutrient-dense food" means a food that has a high 42
level of nutrients in relationship to the number of calories it 43
contains. The term includes fresh fruits and vegetables, whole 44
grains, nuts, seeds, beans and legumes, and low -fat dairy 45
products. 46
(c) "Small-footprint grocery store" means a grocery store 47
that: 48
1. Sells products at wholesale or retail and has less than 49
$1 million in annual gross sales; 50
HB 727 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0727-00
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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. Derives at least 20 percent of its gross receipts from 51
the retail sale of nutrient-dense foods; and 52
3. Operates in a food insecure area. 53
(d) "Supermarket" means a grocery store that has a least 54
$1 million in annual gross sales, has no more than 12,000 square 55
feet of retail space, and contains all of the major food 56
departments found in a large retail grocery store. 57
(3) Notwithstanding any other restrictions, a local 58
government may enact land development regulations authorizing 59
land use for a small -footprint grocery store located in a food 60
insecure area. 61
(4) Notwithstanding any other restrictions, a local 62
government may include in its comprehensive plan a provision 63
authorizing land use for a small -footprint grocery store located 64
in a food insecure area. 65
(5) A local government may require mandatory repor ting of 66
certain information from small -footprint grocery stores. 67
Section 2. This act shall take effect July 1, 2023. 68