Florida Senate - 2021 CS for SB 1768
By the Committee on Agriculture; and Senator Rouson
575-02985-21 20211768c1
1 A bill to be entitled
2 An act relating to agriculture and nutrition; amending
3 s. 287.082, F.S.; conforming provisions to changes
4 made by the act; creating s. 287.0823, F.S.; declaring
5 that it is a state goal that by a specified date, a
6 percentage of food commodities purchased by state
7 agencies, Florida College System institutions, and
8 state universities will be grown or produced in this
9 state; requiring such agencies, institutions, and
10 universities to give preference to food commodities
11 grown or produced in this state in certain purchasing
12 agreements, state term contracts, or contracts for the
13 purchase of food commodities; providing conditions for
14 such preference; defining the term “food commodities”;
15 requiring certain of such agencies, institutions, and
16 universities to cooperate with the Department of
17 Management Services in establishing a reporting
18 system; requiring such agencies, institutions, and
19 universities to report compliance to the Governor,
20 Cabinet, and Legislature by a specified date each
21 year; specifying report requirements; amending s.
22 595.405, F.S.; providing sponsor reimbursements for
23 certain school breakfast meals; requiring certain
24 schools to implement a program for special assistance
25 certification and reimbursement alternatives to
26 provide universal free school breakfast and lunch
27 meals; providing an exception; requiring sponsors or
28 designated sponsor entities to consider certain public
29 testimony before declining to implement the program;
30 directing the Department of Education to use specified
31 data and methodologies to establish income levels for
32 schools implementing the program; requiring a
33 specified multiplier to be applied when using certain
34 data; creating s. 595.421, F.S.; establishing the
35 Agricultural Surplus Purchase Program within the
36 Department of Agriculture and Consumer Services for a
37 specified purpose; authorizing the department to
38 consult with specified entities; directing the
39 department to purchase, donate, and distribute certain
40 agricultural commodities to specified organizations
41 and communities and to adopt specified rules; creating
42 s. 595.422, F.S.; establishing the Local Food Pantry
43 Infrastructure Assistance Grant Program within the
44 department for a specified purpose; defining the term
45 “food pantry”; requiring the department to adopt
46 specified rules and to promote and market the program;
47 creating s. 595.802, F.S.; establishing the Healthy
48 Food Access Pilot Program within the department for a
49 specified purpose; requiring the department to adopt
50 rules; authorizing the department to enter into
51 agreements with third-party vendors; requiring the
52 department to submit an annual report to the Governor
53 and Legislature; providing that the program is
54 repealed by a specified date unless reenacted by the
55 Legislature; providing appropriations; providing an
56 effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. Section 287.082, Florida Statutes, is amended to
61 read:
62 287.082 Commodities manufactured, grown, or produced in
63 state given preference.—Whenever two or more competitive sealed
64 bids are received, one or more of which relates to commodities
65 manufactured, grown, or produced within this state, and whenever
66 all things stated in such received bids are equal with respect
67 to price, quality, and service, the commodities manufactured,
68 grown, or produced within this state shall be given preference.
69 Section 2. Section 287.0823, Florida Statutes, is created
70 to read:
71 287.0823 Commodities grown or produced in state given
72 preference.—
73 (1) It is the goal of the state that by 2030, 15 percent of
74 all food commodities purchased by state agencies, Florida
75 College System institutions, and state universities shall be
76 grown or produced within this state.
77 (2)(a) Notwithstanding any other provision of this section,
78 and to the extent permitted by federal law, such state agencies,
79 institutions, and universities, when purchasing food
80 commodities, shall give preference to food commodities grown or
81 produced within this state.
82 (b) As used in this section, the term “food commodities”
83 means any agricultural, apicultural, aquacultural,
84 floricultural, horticultural, viticultural, and vegetable
85 products produced in this state or any class, variety, or use
86 thereof, in their natural state or as processed by a producer
87 for the purpose of marketing the product or by a processor,
88 including, but not limited to, all agricultural products;
89 livestock and livestock products; poultry and poultry products;
90 fish and seafood; and products of the farms, waters, and forests
91 of this state.
92 (3) When a purchasing agreement, state term contract, or
93 contract for the purchase of food commodities is to be awarded
94 to the lowest responsive and responsible vendor, an otherwise
95 qualified vendor who will fulfill the contract through the use
96 of food commodities grown or produced within this state may be
97 given preference over other vendors, provided that the price
98 included in the bid, proposal, or reply for the food commodities
99 grown or produced within this state is not more than 10 percent
100 greater than the price included in a bid, proposal, or reply
101 that is for food commodities grown or produced outside of this
102 state.
103 (4) All state agencies, Florida College System
104 institutions, and state universities that purchase food
105 commodities shall cooperate with the department in establishing
106 a reporting system for identifying the percentage of purchased
107 food commodities that are grown or produced within this state.
108 Beginning with the 2021-2022 fiscal year, such state agencies,
109 institutions, and universities shall report their compliance
110 with this section for the preceding fiscal year to the Governor,
111 the Cabinet, the President of the Senate, and the Speaker of the
112 House of Representatives on or before November 1 of each year.
113 The report must contain, at a minimum, the following for each
114 state agency, Florida College System institution, and state
115 university:
116 (a) Total expenditures for, and quantity of, food
117 commodities purchased.
118 (b) Total expenditures for, and quantity of, food
119 commodities purchased that were grown or produced within this
120 state.
121 (c) Total expenditures for food commodities grown or
122 produced outside of this state.
123 (d) A statement and assessment of good faith efforts taken
124 to cooperate with this subsection.
125 Section 3. Subsections (9) and (10) are added to section
126 595.405, Florida Statutes, to read:
127 595.405 School nutrition program requirements.—
128 (9) To eliminate the reduced-price copayment for school
129 breakfast meals, the department shall reimburse sponsors for
130 each breakfast meal that meets the requirements of federal law
131 and department rules and is served to a student who qualifies
132 for reduced-price meals, the greater of 30 cents or the
133 difference between the United States Department of Agriculture
134 reimbursement rate for a free breakfast and a reduced-price
135 breakfast.
136 (10)(a) Beginning June 1, 2022, each school in which 80
137 percent or more of the students are eligible for free or
138 reduced-price meals shall implement a program for special
139 assistance certification and reimbursement alternatives, as
140 defined by 7 C.F.R. s. 245.2, to provide universal free school
141 breakfast and lunch meals to all students, unless a sponsor,
142 after considering public testimony at two or more regularly
143 scheduled school board or sponsor’s administration meetings,
144 decides not to implement a program in an eligible school. The
145 sponsor, its school nutrition director, or other designee shall
146 attend at least one training by the department regarding the
147 special assistance certification and reimbursement alternatives
148 before the decision whether to implement the special assistance
149 certification and reimbursement alternatives is made by the
150 school board or sponsor’s administration.
151 (b) For schools implementing special assistance
152 certification and reimbursement alternatives, the Department of
153 Education shall use alternate sources of socioeconomic data,
154 such as local data collected by the city or county zoning and
155 economic planning office; unemployment data; local Supplemental
156 Nutrition Assistance Program certification data, including
157 direct certification and statistical sampling of the school’s
158 population using an equivalent income measurement process to the
159 free and reduced-price application; or Temporary Assistance for
160 Needy Families data, to establish the income level of the school
161 population.
162 (c) A multiplier shall be applied when an alternate source
163 of socioeconomic data is used to ensure school-level allocations
164 of Title I, Part A, Basic funds for schools implementing special
165 assistance certification and reimbursement alternatives are
166 maintained at the same funding level or higher as the funding
167 level received from the enrollment surveys and free and reduced
168 price school lunch data for the 2019-2020 school year.
169 Section 4. Section 595.421, Florida Statutes, is created to
170 read:
171 595.421 Agricultural Surplus Purchase Program.—
172 (1) The Agricultural Surplus Purchase Program is
173 established within the department to purchase agricultural
174 commodities from farmers in this state who are unable to sell
175 their agricultural commodities due to unusually large yields or
176 disruptions in the market or food supply chain. The department
177 may consult with food banks or other nonprofit organizations to
178 establish and implement the program.
179 (2)(a) The department shall pay fair market value for any
180 agricultural commodities it purchases from a farmer under the
181 program.
182 (b) The department shall donate and distribute any
183 agricultural commodities purchased under the program to
184 charitable and nonprofit organizations in rural areas of
185 opportunity as defined in s. 288.0656(2) and rural communities
186 as defined in s. 288.0656(2).
187 (3) The department shall adopt by rule an application
188 process for farmers and charitable and nonprofit organizations
189 to participate in the program. The application process shall, at
190 a minimum, include eligibility requirements and criteria for
191 prioritizing and selecting applicants.
192 (4) The department is encouraged to seek funding from
193 private entities and other governmental entities to fund the
194 program.
195 Section 5. Section 595.422, Florida Statutes, is created to
196 read:
197 595.422 Local Food Pantry Infrastructure Assistance Grant
198 Program.—
199 (1) The Local Food Pantry Infrastructure Assistance Grant
200 Program is established within the department to build food
201 pantry capacity to facilitate managing donated food, to increase
202 the availability of perishable food items, and to minimize the
203 loss of perishable food items before distribution.
204 (2) As used in this section, the term “food pantry” means a
205 public or private nonprofit organization that distributes food
206 to persons and households in need to relieve situations of
207 emergency and distress.
208 (3) The department shall establish by rule grant award
209 requirements, including eligibility, application, and selection
210 criteria.
211 (4) The department shall promote and market the program to
212 food pantries as an opportunity to compete for grant funding.
213 Section 6. Section 595.802, Florida Statutes, is created to
214 read:
215 595.802 Healthy Food Access Pilot Program.—
216 (1) The Healthy Food Access Pilot Program is established
217 within the department to increase access to healthy and
218 affordable food by providing grants to support local
219 governments, transportation agencies, community development
220 corporations, and nonprofit organizations in implementing
221 transit system projects that connect low-income and low access
222 communities in rural areas and throughout this state to grocery
223 stores, farmers’ markets, and community-supported agriculture
224 programs.
225 (2) The department shall adopt rules to implement this
226 section and may enter into an agreement with a third-party
227 vendor to administer the pilot program.
228 (3) Beginning November 1, 2021, and each November 1
229 thereafter, the department shall submit an annual report to the
230 Governor, the President of the Senate, and the Speaker of the
231 House of Representatives on the projects funded, the geographic
232 distribution of the projects, the costs of the program, and the
233 outcomes.
234 (4) This section is repealed July 1, 2024, unless reviewed
235 and saved from repeal through reenactment by the Legislature.
236 Section 7. (1) For the 2021-2022 fiscal year, the sum of
237 $2,756,801 in recurring funds from the General Revenue Fund is
238 appropriated to the Department of Agriculture and Consumer
239 Services for the purpose of providing sponsor reimbursements for
240 breakfast meals pursuant to s. 595.405, Florida Statutes.
241 (2) For the 2021-2022 fiscal year, the sum of $1 million in
242 recurring funds from the General Revenue Fund is appropriated to
243 the Department of Agriculture and Consumer Services for the
244 purpose of implementing the Agricultural Surplus Purchase
245 Program pursuant to s. 595.421, Florida Statutes. The department
246 may use up to 5 percent of the funds for administrative costs
247 associated with the program.
248 (3) For the 2021-2022 fiscal year, the sum of $500,000 in
249 recurring funds from the General Revenue Fund is appropriated to
250 the Department of Agriculture and Consumer Services for the
251 purpose of implementing the Local Food Pantry Infrastructure
252 Assistance Grant Program pursuant to s. 595.422, Florida
253 Statutes.
254 (4)(a) For the 2021-2022 fiscal year, the sum of $350,000
255 in recurring funds from the General Revenue Fund is appropriated
256 to the Department of Agriculture and Consumer Services for the
257 purpose of implementing the Healthy Food Access Pilot Program
258 pursuant to s. 595.802, Florida Statutes.
259 (b) Unexpended balances of appropriations provided for the
260 Healthy Food Access Pilot Program may not revert to the General
261 Revenue Fund at the end of the 2021-2022 fiscal year but must be
262 retained in the Food and Nutrition Services Trust Fund and
263 carried forward to fund the pilot program in the 2022-2023
264 fiscal year. Balances of appropriations provided for the pilot
265 program which remain unexpended on July 1, 2024, shall revert to
266 the General Revenue Fund.
267 Section 8. This act shall take effect July 1, 2021.