Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 1658
       
       
       
       
       
       
                                Barcode 383284                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Siplin moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 112 - 268
    4  and insert:
    5         Section 3. Florida Healthy Foods for Healthy Living Act.—
    6         (1) This section may be cited as the “Florida Healthy Foods
    7  for Healthy Living Act.”
    8         (2) The Legislature finds that:
    9         (a) High-quality, healthy foods must be accessible,
   10  affordable, and in demand to create a successful relationship
   11  between a healthy food retailer and an underserved community.
   12         (b) When high-quality, healthy foods are not easily
   13  accessible and affordable, people, particularly low-income
   14  families, children, and the elderly, face serious barriers to
   15  eating a healthy diet. National research indicates that
   16  residents of low-income, minority, and rural communities are
   17  most often affected by inadequate access to healthy food, as
   18  well as by high rates of obesity.
   19         (c) Obesity, which results from poor diet and physical
   20  inactivity, is the fastest growing cause of disease and death in
   21  the United States, putting growing numbers of adults and
   22  children at risk for developing heart disease, type 2 diabetes,
   23  hypertension, certain cancers, and other health problems.
   24         (d) Increasing access to affordable, high-quality, healthy
   25  foods is an important strategy for fighting the obesity epidemic
   26  and improving health. Studies have shown that people who have
   27  better access to retail sources of affordable fresh fruits and
   28  vegetables tend to have healthier diets and lower levels of
   29  obesity.
   30         (e) Providing outreach and education to consumers in
   31  underserved communities is important to creating consumer demand
   32  for affordable, high-quality, healthy foods and providing
   33  market-driven incentives for healthy food retailers to locate in
   34  underserved communities.
   35         (f) Developing access to healthy food retailers also
   36  creates jobs, expands markets for farmers, and supports economic
   37  vitality in underserved communities.
   38         (g) The program established pursuant to this section is
   39  intended to increase access to affordable, high-quality, healthy
   40  foods in underserved communities in this state, in both urban
   41  and rural areas in order to improve diets and health; to
   42  increase demand for high-quality, healthy foods, particularly
   43  those that are locally grown, by promoting their sale,
   44  consumption, and healthy preparation through outreach,
   45  marketing, and education; and to support expanded economic
   46  opportunities in low-income and rural communities.
   47         (3) As used in this section, the term:
   48         (a) “Department” means the Department of Agriculture and
   49  Consumer Services.
   50         (b) “Funding” means grants provided by the department to
   51  for-profit, not-for-profit, governmental, or other entities
   52  contributing to the fulfillment of the legislative intent of
   53  this section.
   54         (c) “Healthy food retailers” means for-profit or not-for
   55  profit retailers and markets that sell high-quality, healthy
   56  foods at competitive prices.
   57         (d) “Program” means a public-private partnership
   58  established under this section and administered by the
   59  department to provide increased access to high-quality, healthy
   60  foods for state residents; provide market-driven incentives for
   61  healthy food retailers to locate in underserved communities by
   62  facilitating demand for affordable, high-quality, healthy foods
   63  through outreach and education to consumers in underserved
   64  communities; and to increase affordability of high-quality,
   65  healthy foods to those living in an underserved community.
   66         (e) “Underserved community” means a geographic area in this
   67  state that has limited access to healthy food retailers and is
   68  located in a lower income or high-poverty area, or an area that
   69  is otherwise found to have serious limitations on access to
   70  affordable, high-quality, healthy foods.
   71         (4) To the extent funds are available, the department, in
   72  cooperation with public and private sector partners, shall
   73  establish a program that provides funding via competitive grants
   74  for projects that create or improve access to, affordability of,
   75  and demand for high-quality, healthy foods in underserved
   76  communities, consistent with the legislative intent of this
   77  section.
   78         (a) The department may enter into contracts or partnerships
   79  with one or more qualified nonprofit organizations to:
   80         1. Facilitate the program;
   81         2. Raise matching funds through the solicitation of grants
   82  and other funds from governmental and private charitable
   83  sources;
   84         3. Leverage private and public grant funding;
   85         4. Provide for education, outreach, and marketing that
   86  furthers the legislative intent of the program;
   87         5. Evaluate applicants;
   88         6. Make award decisions; and
   89         7. Monitor compliance with the program and its impact.
   90         (b) The department and its partners shall coordinate with
   91  one or more outreach, education, and nutrition assistance
   92  programs having missions that comply with the legislative intent
   93  of this section.
   94         (c) Projects including, but not limited to, the following
   95  are potentially eligible for funding:
   96         1. Community farmers’ markets and public markets.
   97         2. Food cooperatives.
   98         3. Mobile markets and delivery vehicles.
   99         4. Organized distribution systems that enable food
  100  retailers in underserved communities to meet the definition of a
  101  healthy food retailer if they do not otherwise meet the
  102  definition.
  103         5. Site acquisition via lease or purchase for healthy food
  104  retailers in or proposed for underserved communities.
  105         6. Site preparation for healthy food retailers in or
  106  proposed for underserved communities.
  107         7. Construction, renovation, expansion, or infrastructure
  108  upgrade costs of existing food retailers in or proposed for
  109  underserved communities.
  110         8. Equipment and furnishings for healthy food retailers
  111  located in underserved communities.
  112         9. Marketing to, outreach to, and the education of people
  113  living in underserved communities with the purpose of increasing
  114  demand for high-quality, healthy foods.
  115         10. Workforce training for healthy food retailers located
  116  in underserved communities.
  117         11. Security personnel costs for healthy food retailers
  118  located in underserved communities.
  119         12. Predevelopment costs such as market studies and
  120  appraisals for healthy food retailers located in underserved
  121  communities.
  122         13. Working capital for first-time inventory and start-up
  123  costs for healthy food retailers located in underserved
  124  communities.
  125  
  126  A restaurant is not eligible for funding under this section.
  127         (d) An applicant for funding may be a for-profit or a not
  128  for-profit entity, including, but not limited to, a sole
  129  proprietorship, partnership, limited liability company,
  130  corporation, cooperative, nonprofit organization, nonprofit
  131  community development entity, university, or governmental
  132  entity.
  133         (e) In order to be considered for funding, an applicant
  134  must meet the following criteria:
  135         1. The project for which the applicant seeks funding must
  136  directly benefit an underserved community.
  137         2. The applicant must demonstrate a meaningful commitment
  138  to increase accessibility of, affordability of, or demand for
  139  high-quality, healthy foods in underserved communities,
  140  according to standards established by the department.
  141         3. The applicant must accept vouchers issued by the
  142  Supplemental Nutrition Assistance Program and be able to serve
  143  clients of the Special Supplemental Nutrition Program for Women,
  144  Infants, and Children, or in the alternative demonstrate a
  145  meaningful commitment to making healthy food affordable to low
  146  income households based on an alternative standard established
  147  by the department.
  148         (f) Determination of the amount of funding to award, shall
  149  be based on an evaluation of:
  150         1. The applicant’s demonstrated capacity to successfully
  151  implement the project, including the applicant’s relevant
  152  experience, and, where funding is directly to a healthy food
  153  retailer, the likelihood that the project will be economically
  154  self-sustaining.
  155         2. The degree to which the project requires an investment
  156  of public or private funding to move forward, create impact, or
  157  be competitive. Additional factors that will improve or preserve
  158  retail access to healthy food retailers for low-income
  159  residents, such as proximity to public transit lines, may also
  160  be taken into account.
  161         3. The level of need in the geographic area to be served.
  162         4. The degree to which the project will promote sales of
  163  fresh fruits and vegetables, particularly locally grown fruits
  164  and vegetables.
  165         5. The degree to which the project will have a positive
  166  economic impact on the underserved community, including the
  167  creation or retention of jobs for local residents.
  168         6. Other criteria that the department determines are
  169  consistent with the legislative intent of this section.
  170         (g) The department shall establish program benchmarks and
  171  reporting processes to ensure that program outcomes fulfill the
  172  legislative intent of this section. The department shall also
  173  establish monitoring and accountability mechanisms for projects
  174  receiving funding, such as tracking fruit and vegetable sales
  175  data.
  176         (h) The department shall prepare and submit an annual
  177  report to the Legislature which assesses the performance of the
  178  program.
  179         (5) The department may adopt rules as necessary to
  180  administer this section.
  181  
  182  ================= T I T L E  A M E N D M E N T ================
  183         And the title is amended as follows:
  184         Delete lines 19 - 30
  185  and insert:
  186         creating the Florida Healthy Foods for Healthy Living
  187         Act; providing legislative findings; providing
  188         definitions; directing the Department of Agriculture
  189         and Consumer Services, in cooperation with public and
  190         private sector partners, to establish a program that
  191         provides funding, via competitive grants, for programs
  192         that create or improve access to, affordability of,
  193         and demand for high-quality, healthy foods in
  194         underserved areas; authorizing the department to enter
  195         into contracts or partnerships with qualified
  196         nonprofit organizations; providing that certain
  197         projects are potentially eligible for funding;
  198         providing criteria for project funding and evaluation;
  199         requiring that the department establish program
  200         benchmarks, reporting processes, and monitoring and
  201         accountability mechanisms; requiring that the
  202         department prepare and submit an annual report to the
  203         Legislature;