Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1422
       
       
       
       
       
       
                                Ì770948RÎ770948                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2024           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Burgess) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) is added to section 595.420,
    6  Florida Statutes, to read:
    7         595.420 Food recovery; legislative intent; department
    8  functions.—
    9         (8)(a)As used in this subsection, the term:
   10         1.“Current wholesale market price” means the wholesale
   11  market price for each fresh food product on an invoice dated at
   12  the closest shipping point, as reported by the United States
   13  Department of Agriculture’s USDA Market News.
   14         2.“Discounted price” means a price for fresh food products
   15  sold by each food producer at a price that is at least 50
   16  percent below the current wholesale market price.
   17         3.“Food producer” means an agricultural company that
   18  produces fresh food products in this state or the company’s
   19  associated shipper.
   20         4.“Food recovery entity” means a nonprofit association
   21  engaged in food recovery and distribution which has been in
   22  operation in this state for at least 10 years and has received a
   23  minimum of 10 million pounds of perishable produce annually
   24  within the last 3 years.
   25         5.“Fresh food products” includes fresh fruits, vegetables,
   26  proteins, poultry, eggs, and dairy that are produced in this
   27  state by a food producer.
   28         6.“High-quality fresh food products” means fresh food
   29  products that meet United States Department of Agriculture
   30  commodity standards and grades upon delivery to their final
   31  destination.
   32         (b)Subject to legislative appropriation, the department
   33  shall implement a program to provide incentives to food
   34  producers to sell high-quality fresh food products to food
   35  recovery entities in this state at a discounted price. The goal
   36  of the program is to reduce human hunger in this state.
   37         (c)A food recovery entity shall negotiate with a food
   38  producer to pay discounted prices for the producer’s fresh food
   39  products. Any invoice, bill of lading, or other document
   40  provided by the food producer to the food recovery entity must
   41  include the harvest or processing date, the current wholesale
   42  market price of each product purchased, and the shipping
   43  destination.
   44         (d)A food recovery entity may reject any product that
   45  fails to meet the entity’s food quality standards.
   46         (e)The department shall reimburse a food recovery entity
   47  for each negotiated purchase of fresh food products produced,
   48  purchased, and distributed in this state. To receive a
   49  reimbursement, a food recovery entity must:
   50         1.Certify in writing to the department that all of the
   51  fresh food products on an invoice meet the food recovery
   52  entity’s food quality standards and that the fresh food products
   53  received will not be sold at wholesale, retail, or secondary
   54  markets for monetary gain; and
   55         2.Submit the invoice and any other documents provided by
   56  the food producer to the department. The invoice must include
   57  all of the following information:
   58         a.Shipment date.
   59         b.Shipment location, by shipper and city.
   60         c.Each fresh food product purchased at the discounted
   61  price.
   62         d.Total number of packages shipped and the price of each
   63  product.
   64         e.Total price paid for each product.
   65         f.Total invoice price paid.
   66         g.Total pounds shipped, as determined by measured weight.
   67         (f)The department shall also reimburse a food recovery
   68  entity for delivery and distribution costs in an amount equal to
   69  2 cents per pound of fresh food products shipped, as indicated
   70  by invoice.
   71         (g)The department shall submit a report on the program to
   72  the Governor, the President of the Senate, and the Speaker of
   73  the House of Representatives by January 1, 2025, and shall
   74  submit an updated report by January 1, 2026. The reports must
   75  include an itemized list of all of the following:
   76         1.Each fresh food product by package size, the total
   77  number of packages, and the average price paid per package.
   78         2.The total weight in pounds of each fresh food product
   79  type, the price paid per pound for each fresh food product type,
   80  and the total spent per fresh food product type.
   81         3.The total amount spent and the total amount spent per
   82  major fresh food product.
   83         (h)The department shall adopt rules to implement this
   84  subsection.
   85         Section 2. This act shall take effect July 1, 2024.
   86  
   87  ================= T I T L E  A M E N D M E N T ================
   88  And the title is amended as follows:
   89         Delete everything before the enacting clause
   90  and insert:
   91                        A bill to be entitled                      
   92         An act relating to food recovery; amending s. 595.420,
   93         F.S.; defining terms; directing the Department of
   94         Agriculture and Consumer Services, subject to
   95         legislative appropriation, to implement a program to
   96         provide incentives to food producers to sell high
   97         quality fresh food products to food recovery entities
   98         at a discounted price; providing a goal for the
   99         program; requiring food recovery entities to negotiate
  100         with food producers; providing shipping requirements;
  101         requiring the department to reimburse food recovery
  102         entities for certain costs; providing reimbursement
  103         invoice requirements; requiring the department to
  104         submit a report to the Governor and Legislature by
  105         specified dates; providing requirements for the
  106         report; requiring the department to adopt rules;
  107         providing an effective date.