Florida Senate - 2017 SB 1592
By Senator Bean
4-00177C-17 20171592__
1 A bill to be entitled
2 An act relating to small food retailers; creating s.
3 595.430, F.S.; establishing the Healthy Food
4 Assistance Program within the Department of
5 Agriculture and Consumer Services; providing a
6 purpose; requiring the Office of Program Policy
7 Analysis and Government Accountability to conduct an
8 independent study evaluating the program’s policy
9 impact; providing for future repeal and legislative
10 review; creating s. 595.431, F.S.; providing
11 definitions; creating s. 595.432, F.S.; requiring the
12 department to develop guidelines and administer the
13 program; providing department duties and
14 responsibilities; providing for funding; creating s.
15 595.433, F.S.; providing duties and responsibilities
16 of program administrators; exempting program
17 administrators from provisions relating to state
18 procurement of certain property and services;
19 repealing s. 500.81, F.S., relating to the Healthy
20 Food Financing Initiative; providing an effective
21 date.
22
23 WHEREAS, overweight children and adults are at greater risk
24 for numerous adverse health consequences, including type 2
25 diabetes, heart disease, stroke, high blood pressure, high
26 cholesterol, certain cancers, asthma, low self-esteem,
27 depression, and other debilitating diseases, and
28 WHEREAS, in Florida, nearly 27 percent of adults were
29 considered overweight or obese in 2015, and nearly 13 percent of
30 children were considered overweight and obese in 2011, and
31 WHEREAS, obese children are at least twice as likely as
32 non-obese children to become obese adults, and
33 WHEREAS, obesity-related health conditions have serious
34 economic costs, and
35 WHEREAS, annual health care costs from obesity are at least
36 $190 billion dollars, or 21 percent of the nation’s total health
37 care spending, and are expected to rise substantially, and
38 WHEREAS, roughly 40 percent of these costs are paid through
39 Medicare and Medicaid, meaning that taxpayers pay much of the
40 cost, and
41 WHEREAS, Medicare and Medicaid spending would be reduced by
42 8.5 percent and 11.8 percent, respectively, in the absence of
43 obesity-related spending, and
44 WHEREAS, annual medical expenditures in Florida related to
45 obesity are estimated at $6,675,670,940 with approximately $2.6
46 billion of this amount paid by Medicare and Medicaid in the
47 state, and
48 WHEREAS, many Americans, particularly those in low-income
49 neighborhoods, rural areas, and communities of color, reside
50 where adequate access to full-service grocery stores is not
51 guaranteed, and
52 WHEREAS, low-income areas have more than twice as many
53 convenience stores and four times as many small grocery stores
54 as high-income areas, and
55 WHEREAS, proximity to convenience stores within a
56 neighborhood is associated with higher rates of obesity and
57 diabetes, and
58 WHEREAS, small food retailers tend to sell few fresh
59 produce, whole grains, or low-fat dairy products, and
60 WHEREAS, small food retailers commonly sell highly
61 processed foods that are high in fat and low in nutrients, and
62 WHEREAS, small food retailers tend to charge higher prices
63 for their food as compared to grocery stores and supermarkets,
64 and
65 WHEREAS, providing assistance to existing small food
66 retailers to stock fresh produce and other healthy foods and
67 promote good nutrition can provide residents with access to
68 healthier foods, and
69 WHEREAS, community programs that work with small food
70 retailers have shown promise in increasing healthy food sales,
71 improving store offerings, and promoting good nutrition, and
72 WHEREAS, the program established pursuant to this act is
73 intended to be a source of funding to provide assistance for
74 Florida’s small food retailers operating in certain urban and
75 rural areas so that the retailers sell more fresh fruits and
76 vegetables and other healthy foods at affordable prices to
77 neighboring residents in an effort to improve residents’ diets
78 and health, NOW, THEREFORE,
79
80 Be It Enacted by the Legislature of the State of Florida:
81
82 Section 1. Section 595.430, Florida Statutes, is created to
83 read:
84 595.430 Healthy Food Assistance Program.—
85 (1) There is established within the department the Healthy
86 Food Assistance Program.
87 (2) The purpose of the program is to provide a process for
88 small food retailers to receive assistance for projects that
89 increase the availability and sales of fresh and nutritious
90 food, including fresh vegetables, fruits, meats, and seafood in
91 low-income and moderate-income communities.
92 (3) The Office of Program Policy Analysis and Government
93 Accountability shall conduct an independent study to evaluate
94 the policy impact of placing healthy food in previously
95 underserved communities.
96 (4) This section and ss. 595.431-595.433 are repealed June
97 30, 2020, unless reviewed and saved from repeal through
98 reenactment by the Legislature.
99 Section 2. Section 595.431, Florida Statutes, is created to
100 read:
101 595.431 Definitions.—As used in ss. 595.430-595.433, the
102 term:
103 (1) “Low-income community” means a population census tract,
104 as reported in the most recent United States Census Bureau
105 American Community Survey, which meets one of the following
106 criteria:
107 (a) The poverty rate is at least 20 percent;
108 (b) In the case of a low-income community located outside a
109 metropolitan area, the median family income does not exceed 80
110 percent of the statewide median family income; or
111 (c) In the case of a low-income community located within a
112 metropolitan area, the median family income does not exceed 80
113 percent of the statewide median family income or 80 percent of
114 the metropolitan area’s median family income, whichever is
115 greater.
116 (2) “Moderate-income community” means a population census
117 tract, as reported in the most recent United States Census
118 Bureau American Community Survey, in which the median family
119 income is between 81 percent and 95 percent of the statewide
120 median family income or metropolitan area’s median family
121 income.
122 (3) “Program” means the Healthy Food Assistance Program
123 established within the department pursuant to s. 595.430.
124 (4) “Project administrator” means an entity selected by the
125 department to manage the program to assist small food retailers
126 in low-income and moderate-income communities in the state.
127 (5) “Small food retailer” means a small-scale retail store
128 of less than 3,000 square feet, such as a corner store,
129 convenience store, neighborhood store, small grocery store, or
130 bodega, which sells a limited selection of foods and other
131 products.
132 Section 3. Section 595.432, Florida Statutes, is created to
133 read:
134 595.432 Duties and responsibilities of the department.—
135 (1) The department shall administer the program and develop
136 guidelines for the operation of the program. The guidelines may
137 include procedures for granting appropriated funds to a
138 qualified project administrator to provide assistance to small
139 food retailers in urban and rural low-income and moderate-income
140 communities to increase the sales of fresh produce and other
141 healthy foods.
142 (2) In administering the program, the department shall:
143 (a) Establish program administrator eligibility guidelines,
144 including, but not limited to, the development of an application
145 process for project administrators and monitoring and
146 accountability mechanisms for projects receiving assistance
147 under the program. At a minimum, a project administrator must be
148 a not-for-profit entity and have demonstrated experience in
149 developing and implementing strategies for healthy food retail
150 in small stores.
151 (b) Establish criteria for a project administrator to use
152 in determining which projects to select, including, but not
153 limited to, consideration of the level of need in the area
154 proposed to be served by the applicant.
155 (c) Provide materials to a project administrator that
156 educate consumers on the benefits of healthy eating and
157 encourage, when possible, buying Fresh From Florida agricultural
158 products for distribution.
159 (d) Electronically submit an annual report to the President
160 of the Senate and the Speaker of the House of Representatives
161 regarding the program, including, but not limited to, projects
162 funded, project expenditures, the geographic distribution of
163 funds, program results, and the program’s impact on any health
164 related initiatives.
165 (3) The department’s performance and obligation to pay
166 under this section is contingent upon an annual appropriation by
167 the Legislature.
168 Section 4. Section 595.433, Florida Statutes, is created to
169 read:
170 595.433 Duties and responsibilities of project
171 administrators.—
172 (1) A project administrator shall be responsible for
173 implementing and operating the program. The project
174 administrator shall:
175 (a) Establish and administer an application process for
176 small food retailers to participate in the program. At a
177 minimum, in order to receive assistance under the program, a
178 small food retailer must:
179 1. Be located in a low-income community or moderate-income
180 community.
181 2. Accept, or agree to apply to and accept Special
182 Supplemental Nutrition Program for Women, Infants, and Children
183 (WIC) benefits.
184 (b) Promote program availability throughout the state and
185 undertake efforts to raise funds from other private and public
186 sources.
187 (c) Use up to 10 percent of the funds distributed by the
188 department for administrative and operational costs associated
189 with operating the program, if such costs are not covered by
190 other budgets or in-kind resources.
191 (d) Collect and provide data and other information
192 quarterly as required by the department.
193 (e) Establish defined goals, standards, and accountability
194 mechanisms for eligible project applicants to ensure that the
195 expenditure of moneys is consistent with the purpose of the
196 program.
197 (f) Develop a plan for eligible project applicants by
198 describing specific goals for increasing the sales of produce
199 and other healthy foods and educating consumers on the benefits
200 of healthy eating, including, but not limited to, mechanisms to:
201 1. Engage communities to support participating small food
202 retailers.
203 2. Seek guidance from state, county, or municipal agencies,
204 private or public universities, cooperative extension services,
205 community-based organizations, and community members.
206 (g) Establish standards to assess whether project goals are
207 met.
208 (h) Ensure expenditures are appropriate by monitoring the
209 activities of small food retailers.
210 (i) Expend funds for each approved project only for the
211 following purposes:
212 1. Refrigeration, display shelving, or other equipment that
213 small food retailers need, up to a maximum of $7,500 per
214 retailer.
215 2. Materials and supplies for nutrition education and
216 healthy food promotion.
217 3. Initial purchases of healthy foods, including dairy
218 products, and fresh produce, up to a maximum of $2,000 per
219 retailer.
220 (2) For purposes of this section, a project administrator
221 is not subject to chapter 287.
222 Section 5. Section 500.81, Florida Statutes, is repealed.
223 Section 6. This act shall take effect July 1, 2017.