Florida Senate - 2023                                     SB 292
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00135-23                                            2023292__
    1                        A bill to be entitled                      
    2         An act relating to the Healthy Food Financing
    3         Initiative program; providing a directive to the
    4         Division of Law Revision; transferring, renumbering,
    5         and amending s. 500.81, F.S.; redefining the term
    6         “underserved community”; revising requirements for the
    7         administration of and participation in the Healthy
    8         Food Financing Initiative program; providing program
    9         eligibility requirements for nonprofit organizations
   10         and revising eligibility requirements for community
   11         development financial institutions; revising
   12         requirements for program applicants and projects;
   13         revising the purposes for which project funding may be
   14         used; requiring the Office of Program Policy Analysis
   15         and Government Accountability to review the program
   16         and collected data after a specified timeframe and
   17         provide the Legislature with a specified report;
   18         specifying that program funding is subject to and
   19         provided from certain appropriations; deleting a
   20         prohibition relating to funding distribution; amending
   21         ss. 595.401, 595.402, 595.404, 595.408, and 595.501,
   22         F.S.; conforming provisions to changes made by the
   23         act; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. The Division of Law Revision is directed to
   28  rename chapter 595, Florida Statutes, entitled “School Food and
   29  Nutrition Services,” as “Food and Nutrition.”
   30         Section 2. Section 500.81, Florida Statutes, is
   31  transferred, renumbered as section 595.801, and amended to read:
   32         595.801 500.81 Healthy Food Financing Initiative.—
   33         (1) DEFINITIONS.—As used in this section, the term:
   34         (a) “Community facility” means a property owned by a
   35  nonprofit or for-profit entity in which health and human
   36  services are provided and space is offered in a manner that
   37  provides increased access to, or delivery or distribution of,
   38  food or other agricultural products to encourage public
   39  consumption and household purchases of fresh produce or other
   40  healthy food to improve the public health and well-being of low
   41  income children, families, and older adults.
   42         (b) “Department” means the Department of Agriculture and
   43  Consumer Services.
   44         (c) “Independent grocery store or supermarket” means an
   45  independently owned grocery store or supermarket whose parent
   46  company does not own more than 40 grocery stores throughout the
   47  country based upon ownership conditions as identified in the
   48  latest Nielsen TDLinx Supermarket/Supercenter database.
   49         (d) “Low-income community” means a population census tract,
   50  as reported in the most recent United States Census Bureau
   51  American Community Survey, which meets one of the following
   52  criteria:
   53         1. The poverty rate is at least 20 percent;
   54         2. In the case of a low-income community located outside of
   55  a metropolitan area, the median family income does not exceed 80
   56  percent of the statewide median family income; or
   57         3. In the case of a low-income community located inside of
   58  a metropolitan area, the median family income does not exceed 80
   59  percent of the statewide median family income or 80 percent of
   60  the metropolitan median family income, whichever is greater.
   61         (e) “Program” means the Healthy Food Financing Initiative
   62  established by the department.
   63         (f) “Underserved community” means a low-income community
   64  distressed urban, suburban, or rural geographic area where a
   65  substantial number of residents have low access to a full
   66  service supermarket or grocery store. An area with limited
   67  supermarket access must be:
   68         1. A census tract, as determined to be an area with low
   69  access by the United States Department of Agriculture, as
   70  identified in the Food Access Research Atlas;
   71         2. Identified as a limited supermarket access area as
   72  recognized by the Community Development Financial Institutions
   73  Fund of the United States Department of the Treasury; or
   74         3. Identified as an area with low access to a supermarket
   75  or grocery store through a methodology that has been adopted for
   76  use by another governmental initiative, or a well-established or
   77  well-regarded philanthropic healthy food initiative.
   78         (2) HEALTHY FOOD FINANCING INITIATIVE PROGRAM.—The
   79  department shall establish a Healthy Food Financing Initiative
   80  program that provides grants and loans is composed of and
   81  coordinates the use of grants from any source; federal, state,
   82  and private loans from a governmental entity or institutions
   83  regulated by a governmental entity; federal tax credits; and
   84  other types of financial assistance for the construction,
   85  rehabilitation, or expansion of independent grocery stores,
   86  supermarkets, community facilities, or other retail outlets
   87  structures to increase access to affordable fresh produce and
   88  other nutritious food in underserved communities.
   89         (3) THIRD-PARTY ADMINISTRATORS; QUALIFICATIONS.—
   90         (a) The department may contract with one or more qualified
   91  nonprofit organizations or Florida-based federally certified
   92  community development financial institutions to administer the
   93  program through a public-private partnership.
   94         (b) A qualified nonprofit organization must be able to
   95  demonstrate all of the following:
   96         1. Prior experience in healthy food financing.
   97         2.An exemption from taxation under s. 501(c)(3) of the
   98  Internal Revenue Code.
   99         3.The ability to successfully manage and operate lending
  100  and grant programs.
  101         4.The ability to assume full financial risk for loans made
  102  under the program.
  103         (c) Eligible community development financial institutions
  104  must be able to demonstrate all of the following:
  105         1. Prior experience in healthy food financing.
  106         2. Certification by Support from the Community Development
  107  Financial Institutions Fund of the United States Department of
  108  the Treasury.
  109         3. The ability to successfully manage and operate lending
  110  and tax credit programs.
  111         4. The ability to assume full financial risk for loans made
  112  under the program this initiative.
  113         (d)Any third-party administrator that contracts with the
  114  department shall provide quarterly updates to the department.
  115         (4)(b)DUTIES OF THE DEPARTMENT OR THIRD-PARTY
  116  ADMINISTRATOR.—The department or a third-party administrator
  117  shall do all of the following:
  118         (a)1. Establish program guidelines, raise matching funds,
  119  promote the program statewide, evaluate applicants, make award
  120  decisions, underwrite and disburse grants and loans, and monitor
  121  compliance and impact. The department may contract with a third
  122  party administrator to carry out such duties. If the department
  123  contracts with a third-party administrator, funds shall be
  124  granted to the third-party administrator to create a revolving
  125  loan fund for the purpose of financing projects that meet the
  126  criteria of the program. The third-party administrator shall
  127  report to the department annually.
  128         (b)2. Create eligibility guidelines and provide financing
  129  through an application process. Eligible projects must:
  130         a. Be located in an underserved community;
  131         b. Primarily serve low-income communities; and
  132         c. Provide for the renovation or expansion of, including
  133  infrastructure upgrades to, existing independent grocery stores
  134  or supermarkets; or the renovation or expansion of, including
  135  infrastructure upgrades to, community facilities to improve the
  136  availability and quality of fresh produce and other healthy
  137  foods.
  138         (c)3. Report annually to the President of the Senate and
  139  the Speaker of the House of Representatives on the projects
  140  funded, the geographic distribution of the projects, the costs
  141  of the program, and the outcomes, including the number and type
  142  of jobs created.
  143         (4)(a) The Office of Program Policy Analysis and Government
  144  Accountability shall review the program and data collected from
  145  the department after a term of 7 years and report to the
  146  President of the Senate and the Speaker of the House of
  147  Representatives. The report shall include, but is not limited
  148  to, health impacts based on data collected by the state on
  149  diabetes, heart disease and other obesity-related diseases, and
  150  other factors as determined by the department.
  151         (b) If the report determines the program to be unsuccessful
  152  after 7 years, the department shall create guidelines for unused
  153  funds to be returned to the initial 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 the
  165  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  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 opportunities 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 project
  193  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 projects that create or improve access
  200  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 nontraditional 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, the
  211  department or third-party administrator shall:
  212         (a) Give preference to local Florida-based grocers or local
  213  business owners with experience in grocery stores and to grocers
  214  and business owners with a business plan model that includes
  215  written documentation of opportunities to purchase from Florida
  216  farmers and growers before seeking out-of-state purchases;
  217         (b) Consider the level of need in the area to be served;
  218         (c) Consider the degree to which the project will have a
  219  positive economic impact on the underserved community, including
  220  the creation or retention of jobs for local residents;
  221         (d) Consider the location of existing independent grocery
  222  stores, supermarkets, or other markets relevant to the
  223  applicant’s project and provide the established entity the right
  224  of first refusal for such project; and
  225         (e) Consider other criteria as determined by the
  226  department.
  227         (c)(7)A minimum of three eligible projects shall be funded
  228  annually. Financing under this program for eligible projects may
  229  be used for any of the following purposes:
  230         1.(a) Site acquisition and preparation.
  231         2.(b) Construction and build-out costs.
  232         3.(c) Equipment and furnishings.
  233         4.(d) Workforce training or security.
  234         5.(e) Predevelopment costs, such as market studies and
  235  appraisals.
  236         6.(f) Energy efficiency measures.
  237         7.(g) Working capital for first-time inventory and startup
  238  costs, including seeds and starter plants for residential
  239  produce cultivation.
  240         (h) Acquisition of seeds and starter plants for the
  241  residential cultivation of fruits, vegetables, herbs, and other
  242  culinary products. However, only 7 percent of the total funds
  243  expended in any one project under this section may be used for
  244  such acquisition.
  245         8.(i) Other purposes as determined necessary and reasonable
  246  by the department or a third-party administrator.
  247         (7)PROGRAM REVIEW.—
  248         (a)The Office of Program Policy Analysis and Government
  249  Accountability shall review the program and data collected from
  250  the department after a term of 7 years and provide a report to
  251  the President of the Senate and the Speaker of the House of
  252  Representatives. The report must include economic impact and
  253  health outcomes data and other factors as determined by the
  254  department.
  255         (b)If the report determines the program to be unsuccessful
  256  after 7 years, the department must return any initial funds that
  257  have not been loaned, granted, or leveraged in a revolving loan
  258  fund to the General Revenue Fund.
  259         (8)FUNDING.—The department’s performance and obligation to
  260  pay under this section is contingent upon an annual
  261  appropriation by the Legislature as provided in s. 287.0582. If
  262  the department contracts with a third-party administrator, funds
  263  must be advanced from the department’s annual appropriation to
  264  the third-party administrator in order to implement this
  265  section.
  266         (9)(8)RULES.—The department shall adopt rules to
  267  administer this section.
  268         (9) The department may not distribute more than $500,000
  269  among more than three recipients.
  270         Section 3. Section 595.401, Florida Statutes, is amended to
  271  read:
  272         595.401 Short title.—Sections 595.401-595.601 This chapter
  273  may be cited as the “Florida School Food and Nutrition Act.”
  274         Section 4. Section 595.402, Florida Statutes, is amended to
  275  read:
  276         595.402 Definitions.—As used in this act chapter, the term:
  277         (1) “Commissioner” means the Commissioner of Agriculture.
  278         (2) “Department” means the Department of Agriculture and
  279  Consumer Services.
  280         (3) “Program” means any one or more of the school food and
  281  nutrition service programs that the department has
  282  responsibility over including, but not limited to, the National
  283  School Lunch Program, the Special Milk Program, the School
  284  Breakfast Program, the Summer Food Service Program, the Fresh
  285  Fruit and Vegetable Program, and any other program that relates
  286  to school nutrition.
  287         (4) “School breakfast program” means a program authorized
  288  by s. 4 of the Child Nutrition Act of 1966, as amended, and
  289  administered by the department.
  290         (5) “School district” means any of the 67 county school
  291  districts, including the respective district school board.
  292         (6) “Sponsor” means any entity that is conducting a program
  293  under a current agreement with the department.
  294         (7) “Summer nutrition program” means one or more of the
  295  programs authorized under 42 U.S.C. s. 1761.
  296         (8) “Universal school breakfast program” means a program
  297  that makes breakfast available at no cost to all students
  298  regardless of their household income.
  299         Section 5. Subsections (3), (9), (10), (11), and (13) of
  300  section 595.404, Florida Statutes, are amended to read:
  301         595.404 School food and other nutrition programs; powers
  302  and duties of the department.—The department has the following
  303  powers and duties:
  304         (3) To fully cooperate with the United States Government
  305  and its agencies and instrumentalities so that the department
  306  may receive the benefit of all federal financial allotments and
  307  assistance possible to carry out the purposes of this act
  308  chapter.
  309         (9) To employ such persons as are necessary to perform its
  310  duties under this act chapter.
  311         (10) To adopt rules covering the administration, operation,
  312  and enforcement of the program and the farmers’ market nutrition
  313  program, as well as to implement the provisions of this act
  314  chapter.
  315         (11) To adopt and implement an appeal process by rule, as
  316  required by federal regulations, for applicants and participants
  317  under the programs implemented pursuant to this act chapter,
  318  notwithstanding ss. 120.569 and 120.57-120.595.
  319         (13) To advance funds from the program’s annual
  320  appropriation to a summer nutrition program sponsor, when
  321  requested, in order to implement the provisions of this act
  322  chapter and in accordance with federal regulations.
  323         Section 6. Paragraph (b) of subsection (1) and subsections
  324  (2) and (4) of section 595.408, Florida Statutes, are amended to
  325  read:
  326         595.408 Food distribution services; department
  327  responsibilities and functions.—
  328         (1)
  329         (b) The department shall determine the benefits each
  330  applicant or recipient of assistance is entitled to receive
  331  under this act chapter, provided that each applicant or
  332  recipient is a resident of this state and a citizen of the
  333  United States or is an alien lawfully admitted for permanent
  334  residence or otherwise permanently residing in the United States
  335  under color of law.
  336         (2) The department shall cooperate fully with the United
  337  States Government and its agencies and instrumentalities so that
  338  the department may receive the benefit of all federal financial
  339  allotments and assistance possible to carry out the purposes of
  340  this act chapter.
  341         (4) This act chapter does not limit, abrogate, or abridge
  342  the powers and duties of any other state agency.
  343         Section 7. Subsection (2) of section 595.501, Florida
  344  Statutes, is amended to read:
  345         595.501 Corrective action plans; penalties.—
  346         (2) Any person or sponsor that violates any provision of
  347  this act chapter or any rule adopted thereunder or otherwise
  348  does not comply with the program is subject to a suspension or
  349  revocation of their agreement, loss of reimbursement, or a
  350  financial penalty in accordance with federal or state law, or
  351  both. This section does not restrict the applicability of any
  352  other law.
  353         Section 8. This act shall take effect July 1, 2023.