Florida Senate - 2024                                    SB 1422
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-01084A-24                                          20241422__
    1                        A bill to be entitled                      
    2         An act relating to food recovery; amending s. 595.420,
    3         F.S.; defining terms; directing the Department of
    4         Agriculture and Consumer Services, subject to
    5         legislative appropriation, to implement a program to
    6         provide incentives to food producers to sell high
    7         quality fresh food products to food recovery entities
    8         at a discounted price; providing a goal for the
    9         program; requiring food recovery entities to negotiate
   10         with food producers; providing shipping requirements;
   11         requiring the department to reimburse food recovery
   12         entities for certain costs; providing reimbursement
   13         invoice requirements; requiring the department to
   14         submit a report to the Governor and Legislature by
   15         specified dates; providing requirements for the
   16         report; requiring the department to adopt rules;
   17         providing an appropriation; providing an effective
   18         date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (8) is added to section 595.420,
   23  Florida Statutes, to read:
   24         595.420 Food recovery; legislative intent; department
   25  functions.—
   26         (8)(a)As used in this subsection, the term:
   27         1.“Food producer” means an agricultural company that
   28  produces fresh food products in this state or the company’s
   29  associated shipper.
   30         2.“Food recovery entity” means a nonprofit association
   31  engaged in food recovery and distribution which has been in
   32  operation in this state for at least 20 years and has received a
   33  minimum of 10 million pounds of perishable produce annually
   34  within the last 3 years.
   35         3.“Fresh food products” includes fresh fruits, vegetables,
   36  proteins, poultry, eggs, and dairy, produced in this state by a
   37  food producer.
   38         4.“High-quality fresh food products” means fresh food
   39  products that meet United States Department of Agriculture
   40  commodity standards and grades upon delivery to their final
   41  destination.
   42         (b)Subject to legislative appropriation, the department
   43  shall implement a program to provide incentives to food
   44  producers to sell high-quality fresh food products to food
   45  recovery entities in this state at a discounted price. The goal
   46  of the program is to reduce human hunger in this state.
   47         (c)A food recovery entity shall negotiate with a food
   48  producer to pay discounted prices for the producer’s fresh food
   49  products. An invoice, bill of lading, or other documents
   50  provided by the food producer to the food recovery entity must
   51  include the harvest or processing date, the current market price
   52  of each product purchased, and the shipping destination.
   53         (d)A food recovery entity may reject any product that
   54  fails to meet the entity’s food quality standards.
   55         (e)The department shall reimburse a food recovery entity
   56  for each negotiated purchase of fresh food products produced,
   57  purchased, and distributed in this state. To receive a
   58  reimbursement, a food recovery entity must:
   59         1.Certify in writing to the department that all of the
   60  fresh food products on an invoice meet the food recovery
   61  entity’s food quality standards and that the fresh food products
   62  received will not be sold at wholesale, retail, or secondary
   63  markets for monetary gain; and
   64         2.Submit the invoice and any other documents provided by
   65  the food producer to the department. The invoice must include
   66  all of the following information:
   67         a.Shipment date.
   68         b.Shipment location, by shipper and city.
   69         c.Total number of packages shipped and the price of each
   70  product.
   71         d.Total price paid for each product.
   72         e.Total invoice price paid.
   73         f.Total pounds shipped, as determined by measured weight
   74  or an estimated weight, for each fresh food product.
   75         (f)The department shall also reimburse a food recovery
   76  entity for delivery and distribution costs in an amount equal to
   77  2 cents per pound of fresh food products shipped, as indicated
   78  by invoice.
   79         (g)The department shall submit a report on the program to
   80  the Governor, the President of the Senate, and the Speaker of
   81  the House of Representatives by January 1, 2025, and shall
   82  submit an updated report by January 1, 2026. The reports must
   83  include an itemized list of all of the following:
   84         1.Each fresh food product by package size, the total
   85  number of packages, and the average price paid per package.
   86         2.The total weight in pounds of each fresh food product
   87  type, the price paid per pound for each fresh food product type,
   88  and the total spent per fresh food product type.
   89         3.The total amount spent and the total amount spent per
   90  major fresh food product.
   91         (h)The department shall adopt rules to implement this
   92  subsection.
   93         Section 2. For the 2024-2025 fiscal year, the sum of $5
   94  million in nonrecurring funds is appropriated from the General
   95  Revenue Fund to the Department of Agriculture and Consumer
   96  Services to implement the program created pursuant to s.
   97  595.420(8), Florida Statutes, by this act.
   98         Section 3. This act shall take effect July 1, 2024.