Florida Senate - 2021 SB 1768
By Senator Rouson
19-01344-21 20211768__
1 A bill to be entitled
2 An act relating to agriculture and nutrition; creating
3 s. 220.192, F.S.; defining terms; providing a tax
4 credit for farmers who donate agricultural commodities
5 to certain charitable and nonprofit organizations for
6 certain distribution; providing application
7 requirements; authorizing unused tax credit amounts to
8 be carried forward for a specified period; limiting
9 the tax credit amount a farmer may be granted;
10 requiring the Department of Agriculture and Consumer
11 Services to adopt specified rules; amending s.
12 287.082, F.S.; conforming provisions to changes made
13 by the act; creating s. 287.0823, F.S.; declaring that
14 it is a state goal that by a specified date, a
15 percentage of food commodities purchased by state
16 agencies, universities, and colleges will be grown or
17 produced in this state; requiring state agencies,
18 universities, and colleges to give preference to food
19 commodities grown or produced in this state in certain
20 purchasing agreements, state term contracts, or
21 contracts for the purchase of food commodities;
22 providing conditions for such preference; defining the
23 term “food commodities”; requiring certain state
24 agencies, universities, and colleges to cooperate with
25 the department in establishing a reporting system;
26 requiring such state agencies, universities, and
27 colleges to report compliance to the Governor,
28 Cabinet, and Legislature by a specified date each
29 year; specifying report requirements; amending s.
30 595.405, F.S.; providing sponsor reimbursements for
31 certain school breakfast meals; requiring certain
32 schools to implement a program for special assistance
33 certification and reimbursement alternatives to
34 provide universal free school breakfast and lunch
35 meals; providing an exception; requiring sponsors or
36 designated sponsor entities to consider certain public
37 testimony before declining to implement the program;
38 directing the Department of Education to use specified
39 data and methodologies to establish income levels for
40 schools implementing the program; requiring a
41 specified multiplier to be applied when using certain
42 data; creating s. 595.421, F.S.; establishing the
43 Agricultural Surplus Purchase Program within the
44 department for a specified purpose; authorizing the
45 department to consult with specified entities;
46 directing the department to purchase, donate, and
47 distribute certain agricultural commodities to
48 specified organizations and communities and to adopt
49 specified rules; creating s. 595.422, F.S.;
50 establishing the Local Food Pantry Infrastructure
51 Assistance Grant Program within the department for a
52 specified purpose; defining the term “food pantry”;
53 requiring the department to adopt specified rules and
54 to promote and market the program; creating s.
55 595.802, F.S.; establishing the Healthy Food Access
56 Pilot Program within the department for a specified
57 purpose; requiring the department to adopt rules;
58 authorizing the department to enter into agreements
59 with third-party vendors; requiring the department to
60 submit specified annual reports to the Governor and
61 Legislature; providing that the program is repealed by
62 a specified date unless reenacted by the Legislature;
63 creating s. 595.803, F.S.; establishing the Produce
64 Prescription Pilot Program within the department for a
65 specified purpose; requiring the department to adopt
66 rules; authorizing the department to enter into
67 agreements with third-party vendors; requiring the
68 department to submit specified annual reports to the
69 Governor and Legislature; providing that the program
70 is repealed by a specified date unless reenacted by
71 the Legislature; requiring the department to conduct a
72 specified study on geographical areas with limited
73 access to affordable and nutritious food; requiring
74 the department to adopt rules; authorizing the
75 department to contract with a third-party vendor;
76 providing appropriations; providing an effective date.
77
78 Be It Enacted by the Legislature of the State of Florida:
79
80 Section 1. Section 220.192, Florida Statutes, is created to
81 read:
82 220.192 Agricultural commodity donation tax credit.—
83 (1) DEFINITIONS.—For purposes of this section, the term:
84 (a) “Agricultural commodities” means any agricultural,
85 apicultural, aquacultural, floricultural, horticultural,
86 viticultural, and vegetable products produced in this state or
87 any class, variety, or use thereof, in their natural state or as
88 processed by a producer for the purpose of marketing the product
89 or by a processor, including, but not limited to, all
90 agricultural products; livestock and livestock products; poultry
91 and poultry products; fish and seafood; and products of the
92 farms, waters, and forests of this state.
93 (b) “Farmer” means a person who engages in the growing or
94 producing of farm produce as defined in s. 768.137. For purposes
95 of this paragraph, the term “farm produce” has the same meaning
96 as in s. 812.015(1)(e).
97 (2) TAX CREDIT.—
98 (a) For tax years beginning on or after January 1, 2021, an
99 annual credit against the tax imposed by this chapter shall be
100 granted to a farmer in the amount of 30 percent of the fair
101 market value of agricultural commodities donated to bona fide
102 charitable and nonprofit organizations for distribution to those
103 in need.
104 (b) Each farmer claiming a credit under this section must
105 apply to the Department of Agriculture and Consumer Services by
106 the date established by the Department of Agriculture and
107 Consumer Services. The application form shall be adopted by rule
108 of the Department of Agriculture and Consumer Services. The
109 application form must, at a minimum, require a sworn affidavit
110 from each farmer certifying the volume and type of agricultural
111 commodities donated and certifying that all information
112 contained in the application is true and correct. Each farmer
113 must also submit receipts from the charitable or nonprofit
114 organization confirming the claimed donation.
115 (c) If any credit granted under this section is not fully
116 used in the first year for which it becomes available, the
117 unused amount may be carried forward for a period not to exceed
118 5 years. The amount carried forward may be used in a subsequent
119 year when the tax imposed by this chapter exceeds the credit for
120 such year under this section after applying the other credits
121 and unused credit carryovers in the order provided in s.
122 220.02(8).
123 (d) The maximum amount of tax credit which may be granted
124 to a farmer under this section during any calendar year is
125 $5,000.
126 (3) RULES.—The Department of Agriculture and Consumer
127 Services shall adopt rules to implement and administer this
128 section, including rules prescribing forms, the documentation
129 needed to substantiate a claim for the tax credit, and the
130 specific procedures and guidelines for claiming the credit.
131 Section 2. Section 287.082, Florida Statutes, is amended to
132 read:
133 287.082 Commodities manufactured, grown, or produced in
134 state given preference.—Whenever two or more competitive sealed
135 bids are received, one or more of which relates to commodities
136 manufactured, grown, or produced within this state, and whenever
137 all things stated in such received bids are equal with respect
138 to price, quality, and service, the commodities manufactured,
139 grown, or produced within this state shall be given preference.
140 Section 3. Section 287.0823, Florida Statutes, is created
141 to read:
142 287.0823 Commodities grown or produced in state given
143 preference.—
144 (1) It is the goal of the state that by 2030, 15 percent of
145 all food commodities purchased by state agencies and Florida
146 College System institutions and state universities shall be
147 grown or produced within this state.
148 (2)(a) Notwithstanding any other provision of this section,
149 and to the extent permitted by federal law, state agencies,
150 Florida College System institutions, and state universities,
151 when purchasing food commodities, shall give preference to food
152 commodities grown or produced within this state.
153 (b) As used in this section, the term “food commodities”
154 means any agricultural, apicultural, aquacultural,
155 floricultural, horticultural, viticultural, and vegetable
156 products produced in this state or any class, variety, or use
157 thereof, in their natural state or as processed by a producer
158 for the purpose of marketing the product or by a processor,
159 including, but not limited to, all agricultural products;
160 livestock and livestock products; poultry and poultry products;
161 fish and seafood; and products of the farms, waters, and forests
162 of this state.
163 (3) When a purchasing agreement, state term contract, or
164 contract for the purchase of food commodities is to be awarded
165 to the lowest responsive and responsible vendor, an otherwise
166 qualified vendor who will fulfill the contract through the use
167 of food commodities grown or produced within this state may be
168 given preference over other vendors, provided that the price
169 included in the bid, proposal, or reply for the food commodities
170 grown or produced within this state is not more than 10 percent
171 greater than the price included in a bid, proposal, or reply
172 that is for food commodities grown or produced outside of this
173 state.
174 (4) All state agencies and state universities and colleges
175 that purchase food commodities shall cooperate with the
176 department in establishing a reporting system for identifying
177 the percentage of purchased food commodities that are grown or
178 produced within this state. Beginning with the 2021-2022 fiscal
179 year, such state agencies and state universities and colleges
180 shall report their compliance with this section for the
181 preceding fiscal year to the Governor, the Cabinet, the
182 President of the Senate, and the Speaker of the House of
183 Representatives on or before November 1 of each year. The report
184 must contain, at a minimum, the following:
185 (a) Total expenditures for, and quantity of, food
186 commodities purchased by each state agency and state university
187 and college.
188 (b) Total expenditures for, and quantity of, food
189 commodities purchased that were grown or produced within this
190 state by each state agency and state university and college.
191 (c) Total expenditures of each state agency and state
192 university and college for food commodities grown or produced
193 outside of this state.
194 (d) A statement and assessment of good faith efforts taken
195 by each state agency and state university and college.
196 Section 4. Subsections (9) and (10) are added to section
197 595.405, Florida Statutes, to read:
198 595.405 School nutrition program requirements.—
199 (9) To eliminate the reduced-price copayment for school
200 breakfast meals, the department shall reimburse sponsors for
201 each breakfast meal that meets the requirements of federal law
202 and department rules and is served to a student who qualifies
203 for reduced-price meals, the greater of 30 cents or the
204 difference between the United States Department of Agriculture
205 reimbursement rate for a free breakfast and a reduced-price
206 breakfast.
207 (10)(a) Beginning June 1, 2022, each school in which 80
208 percent or more of the students are eligible for free or
209 reduced-price meals shall implement a program for special
210 assistance certification and reimbursement alternatives, as
211 defined by 7 C.F.R. s. 245.2, to provide universal free school
212 breakfast and lunch meals to all students, unless a sponsor,
213 after considering public testimony at two or more regularly
214 scheduled school board or sponsor’s administration meetings,
215 decides not to implement a program in an eligible school. The
216 sponsor, its school nutrition director, or other designee shall
217 attend at least one training by the department regarding the
218 special assistance certification and reimbursement alternatives
219 before the decision whether to implement the special assistance
220 certification and reimbursement alternatives is made by the
221 school board or sponsor’s administration.
222 (b) For schools implementing special assistance
223 certification and reimbursement alternatives, the Department of
224 Education shall use alternate sources of socioeconomic data,
225 such as local data collected by the city or county zoning and
226 economic planning office; unemployment data; local Supplemental
227 Nutrition Assistance Program certification data, including
228 direct certification and statistical sampling of the school’s
229 population using an equivalent income measurement process to the
230 free and reduced-price application; or Temporary Assistance for
231 Needy Families data, to establish the income level of the school
232 population.
233 (c) A multiplier shall be applied when an alternate source
234 of socioeconomic data is used to ensure school-level allocations
235 of Title I, Part A, Basic funds for schools implementing special
236 assistance certification and reimbursement alternatives are
237 maintained at the same funding level or higher as the funding
238 level received from the enrollment surveys and free and reduced
239 price school lunch data for the 2019-2020 school year.
240 Section 5. Section 595.421, Florida Statutes, is created to
241 read:
242 595.421 Agricultural Surplus Purchase Program.—
243 (1) The Agricultural Surplus Purchase Program is
244 established within the department to purchase agricultural
245 commodities from farmers in this state who are unable to sell
246 their agricultural commodities due to unusually large yields or
247 disruptions in the market or food supply chain. The department
248 may consult with food banks or other nonprofit organizations to
249 establish and implement the program.
250 (2)(a) The department shall pay fair market value for any
251 agricultural commodities it purchases from a farmer under the
252 program.
253 (b) The department shall donate and distribute any
254 agricultural commodities purchased under the program to
255 charitable and nonprofit organizations in rural areas of
256 opportunity as defined in s. 288.0656(2)(d) and rural
257 communities as defined in s. 288.0656(2)(e).
258 (3) The department shall adopt by rule an application
259 process for farmers and charitable and nonprofit organizations
260 to participate in the program. The application process shall, at
261 a minimum, include eligibility requirements and criteria for
262 prioritizing and selecting applicants.
263 Section 6. Section 595.422, Florida Statutes, is created to
264 read:
265 595.422 Local Food Pantry Infrastructure Assistance Grant
266 Program.—
267 (1) The Local Food Pantry Infrastructure Assistance Grant
268 Program is established within the department to build food
269 pantry capacity to facilitate managing donated food, to increase
270 the availability of perishable food items, and to minimize the
271 loss of perishable food items before distribution.
272 (2) As used in this section, the term “food pantry” means a
273 public or private nonprofit organization that distributes food
274 to persons and households in need to relieve situations of
275 emergency and distress.
276 (3) The department shall establish by rule grant award
277 requirements, including eligibility, application, and selection
278 criteria.
279 (4) The department shall promote and market the program to
280 food pantries as an opportunity to compete for grant funding.
281 Section 7. Section 595.802, Florida Statutes, is created to
282 read:
283 595.802 Healthy Food Access Pilot Program.—
284 (1) The Healthy Food Access Pilot Program is established
285 within the department to increase access to healthy and
286 affordable food by providing grants to support local
287 governments, transportation agencies, community development
288 corporations, and nonprofit organizations in implementing
289 transit system projects that connect low-income and low access
290 communities in rural areas and throughout this state to grocery
291 stores, farmers’ markets, and community-supported agriculture
292 programs.
293 (2) The department shall adopt rules to implement this
294 section and may enter into an agreement with a third-party
295 vendor to administer the pilot program.
296 (3) Beginning November 1, 2021, and each November 1
297 thereafter, the department shall submit an annual report to the
298 Governor, the President of the Senate, and the Speaker of the
299 House of Representatives on the projects funded, the geographic
300 distribution of the projects, the costs of the program, and the
301 outcomes.
302 (4) This section is repealed July 1, 2024, unless reviewed
303 and saved from repeal through reenactment by the Legislature.
304 Section 8. Section 595.803, Florida Statutes, is created to
305 read:
306 595.803 Produce Prescription Pilot Program.—
307 (1) The Produce Prescription Pilot Program is established
308 within the department to demonstrate and evaluate the
309 improvement of dietary health through increased consumption of
310 Florida-grown fruits and vegetables, reduced individual and
311 household food insecurity, and reduced healthcare visits and
312 associated costs through produce prescription grants.
313 (2) The department shall adopt rules to implement this
314 section and may enter into an agreement with a third-party
315 vendor to administer the pilot program.
316 (3) Beginning November 1, 2021, and each November 1
317 thereafter, the department shall submit an annual report to the
318 Governor, the President of the Senate, and the Speaker of the
319 House of Representatives on the projects funded, the geographic
320 distribution of the projects, the costs of the program, and the
321 outcomes.
322 (4) This section is repealed July 1, 2024, unless reviewed
323 and saved from repeal through reenactment by the Legislature
324 before that date.
325 Section 9. (1) The Department of Agriculture and Consumer
326 Services shall conduct a study on geographical areas with
327 limited access to affordable and nutritious food. The study
328 shall assess the prevalence of limited access to affordable and
329 nutritious food throughout this state, particularly in areas
330 composed of predominantly lower-income communities. The study
331 shall identify the characteristics and indicators of areas with
332 limited access to affordable and nutritious food and the effect
333 of limited access to affordable and nutritious food on local
334 populations; analyze the accuracy of current methodologies for
335 measuring food access; and provide recommendations for a
336 redefined methodology for identifying areas with limited access
337 to affordable and nutritious foods to more accurately
338 characterize the food environments of this state.
339 (2) The department shall adopt rules to implement this
340 section and may enter into an agreement with a third-party
341 vendor to conduct all or part of the study.
342 (3) For the 2021-2022 fiscal year, the sum of $150,000 in
343 nonrecurring funds from the General Revenue Fund is appropriated
344 to the department for the purpose of conducting this study.
345 Section 10. (1) For the 2021-2022 fiscal year, the sum of
346 $2,756,801 in recurring funds from the General Revenue Fund is
347 appropriated to the Department of Agriculture and Consumer
348 Services for the purpose of providing sponsor reimbursements for
349 breakfast meals pursuant to s. 595.405, Florida Statutes.
350 (2) For the 2021-2022 fiscal year, the sum of $7 million in
351 recurring funds from the General Revenue Fund is appropriated to
352 the Department of Agriculture and Consumer Services for the
353 purpose of implementing the Agricultural Surplus Purchase
354 Program pursuant to s. 595.421, Florida Statutes. The department
355 may use up to 5 percent of the funds for administrative costs
356 associated with the program.
357 (3) For the 2021-2022 fiscal year, the sum of $1,250,000 in
358 recurring funds from the General Revenue Fund is appropriated to
359 the Department of Agriculture and Consumer Services for the
360 purpose of implementing the Local Food Pantry Infrastructure
361 Assistance Grant Program pursuant to s. 595.422, Florida
362 Statutes.
363 (4)(a) For the 2021-2022 fiscal year, the sum of $700,000
364 in recurring funds from the General Revenue Fund is appropriated
365 to the Department of Agriculture and Consumer Services for the
366 purpose of implementing the Healthy Food Access Pilot Program
367 pursuant to s. 595.802, Florida Statutes.
368 (b) Unexpended balances of appropriations provided for the
369 Healthy Food Access Pilot Program may not revert to the General
370 Revenue Fund at the end of the 2021-2022 fiscal year but shall
371 be retained in the Food and Nutrition Services Trust Fund and be
372 carried forward to fund the pilot program in the 2022-2023
373 fiscal year. Balances of appropriations provided for the pilot
374 program which remain unexpended on July 1, 2024, shall revert to
375 the General Revenue Fund.
376 (5)(a) For the 2021-2022 fiscal year, the sum of $800,000
377 in recurring funds from the General Revenue Fund is appropriated
378 to the Department of Agriculture and Consumer Services for the
379 purpose of implementing the Produce Prescription Pilot Program
380 pursuant to s. 595.803, Florida Statutes.
381 (b) Unexpended balances of appropriations provided for the
382 pilot program may not revert to the General Revenue Fund at the
383 end of the 2021-2022 fiscal year but shall be retained in the
384 Food and Nutrition Services Trust Fund and be carried forward to
385 fund the pilot program in the 2022-2023 fiscal year. Balances of
386 appropriations provided for the pilot program which remain
387 unexpended on July 1, 2024, shall revert to the General Revenue
388 Fund.
389 Section 11. This act shall take effect July 1, 2021.