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         287.0823Commodities 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         595.421Agricultural 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         595.422Local 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         595.802Healthy 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.