Florida 2024 Regular Session

Florida House Bill H1159 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	7		CODING: Words stricken are deletions; words underlined are additions.
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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 food recovery; amending s. 595.420, 2
16	16		F.S.; providing definitions; directing the Department 3
17	17		of Agriculture and Consumer Services, subject to 4
18	18		legislative appropriation, to implement a pilot 5
19	19		program to provide incentives to food recovery 6
20	20		entities to negotiate the price for fresh food 7
21	21		products; providing shipping requirements; authorizing 8
22	22		food recovery entities to reject certain fresh food 9
23	23		products; requiring the department to reimburse food 10
24	24		recovery entities for certain costs; providing 11
25	25		reimbursement requirements; requiring the department 12
26	26		to submit reports to the Governor and Legislature by 13
27	27		specified dates and to adopt rules; providing for 14
28	28		expiration of the pilot program; providing an 15
29	29		effective date. 16
30	30		17
31	31		Be It Enacted by the Legislature of the State of Florida: 18
32	32		19
33	33		Section 1. Subsection (8) is added to section 595.420, 20
34	34		Florida Statutes, to read: 21
35	35		595.420 Food recovery; legislative intent; depart ment 22
36	36		functions.— 23
37	37		(8)(a) As used in this subsection, the term: 24
38	38		1. "Current wholesale price" means the wholesale price for 25
39	39
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44	44		CODING: Words stricken are deletions; words underlined are additions.
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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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51	51		each fresh food product on the invoice date at the closest 26
52	52		shipping point as reported by the United States Department of 27
53	53		Agriculture's Market News. 28
54	54		2. "Food producer" means an agricultural company, or their 29
55	55		associated shipper, that produces fresh food products in the 30
56	56		state. 31
57	57		3. "Food recovery entity" means a nonprofit association 32
58	58		engaged in food recovery and distribution that has a t least 10 33
59	59		years of operation in the state and has received a minimum of 10 34
60	60		million pounds of perishable fresh food products annually for 35
61	61		the last 3 years. 36
62	62		4. "Fresh food products" means high -quality fresh fruits, 37
63	63		vegetables, proteins, and dairy produced by a food producer that 38
64	64		are delivered to their final destination for charitable 39
65	65		distribution and meet United States Department of Agriculture 40
66	66		commodity standards and grades upon such delivery. 41
67	67		(b) Subject to legislative appropriation, the department 42
68	68		shall implement a pilot program for food recovery entities to 43
69	69		negotiate a discounted price for fresh food products so that the 44
70	70		fresh food products can be exclusively distributed for 45
71	71		charitable purposes to relieve human hunger in the state. 46
72	72		(c) Food recovery entities must negotiate and pay no more 47
73	73		than 50 percent of the current wholesale price to a food 48
74	74		producer for the purchase of fresh food products. The harvest or 49
75	75		processing date and the current wholesale price of each fresh 50
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81	81		CODING: Words stricken are deletions; words underlined are additions.
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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		food product purchased and the shipment destination must be 51
89	89		included by invoice, bill of lading, or other documents from the 52
90	90		food producer to the food recovery entity. 53
91	91		(d) Food recovery entities may reject any fresh food 54
92	92		product that does not meet the quality standards of the food 55
93	93		recovery entity. 56
94	94		(e) The department shall reimburse a food recovery entity 57
95	95		for each negotiated purchase of fresh food products and an 58
96		-	additional 5 cents per pound of fresh food products purchased 59
	96	+	additional 2 cents per pound of fresh food products purchased 59
97	97		for costs to deliver and distribute the fresh food products f or 60
98	98		charitable purposes. To receive reimbursement, a food recovery 61
99	99		entity must: 62
100	100		1. Certify in writing that: 63
101	101		a. The fresh food products meet the quality standards of 64
102	102		the food recovery entity. 65
103	103		b. The purchased fresh food products will not be sold to 66
104	104		wholesale, retail, or secondary markets for monetary gain. 67
105	105		c. Each fresh food product was purchased at a discounted 68
106	106		price. 69
107	107		2. Submit an invoice as prescribed by the department, 70
108	108		which includes the following information: 71
109	109		a. Shipment date. 72
110	110		b. Shipment location by shipper and city. 73
111	111		c. Number of packages shipped and the price for each fresh 74
112	112		food product. 75
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118	118		CODING: Words stricken are deletions; words underlined are additions.
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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		d. Total price paid for each fresh food product. 76
126	126		e. Total invoice price paid. 77
127	127		f. Total pounds shipped by measured weight or by estimate 78
128	128		of the fresh food product. 79
129	129		(f) The department shall submit a report on the pilot 80
130	130		program to the Governor, the President of the Senate, and the 81
131	131		Speaker of the House of Representatives by January 1, 2025, and 82
132	132		by each January 1 thereafter. The report must include a ll of the 83
133	133		following: 84
134	134		1. Each fresh food product by package size, total number 85
135	135		of packages, and average price per package. 86
136	136		2. Each fresh food product by total pounds and total 87
137	137		average price per pound. 88
138	138		3. Total dollars spent on each fresh food product and 89
139	139		total dollars spent on all fresh food products. 90
140	140		(g) The department shall adopt rules to implement this 91
141	141		subsection. 92
142	142		(h) This subsection expires on January 1, 2028. 93
143	143		Section 2. This act shall take effect July 1, 2024. 94