Florida Senate - 2023                                     SB 778
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-01144B-23                                           2023778__
    1                        A bill to be entitled                      
    2         An act relating to food insecure areas; creating s.
    3         163.31791, F.S.; providing legislative findings;
    4         defining terms; authorizing a local government to
    5         enact land development regulations to permit land use
    6         for a small-footprint grocery store located in a food
    7         insecure area; authorizing a local government to
    8         include in its comprehensive plan a provision
    9         permitting land use for a small-footprint grocery
   10         store located in a food insecure area; authorizing a
   11         local government to require mandatory reporting of
   12         certain information from a small-footprint grocery
   13         store; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 163.31791, Florida Statutes, is created
   18  to read:
   19         163.31791 Food insecure areas.—
   20         (1)The Legislature finds that access to affordable,
   21  healthy food options, especially fresh fruits and vegetables, is
   22  restricted due in part to the absence of supermarkets located
   23  within a convenient traveling distance. This restriction
   24  constitutes a threat to the health, safety, and welfare of the
   25  residents of this state. Therefore, the Legislature finds that
   26  it serves an important public purpose to encourage local
   27  governments to grant or approve development permits for land
   28  designated as a food insecure area in order to increase the
   29  availability of nutrient-dense food options.
   30         (2)As used in this section, the term:
   31         (a)“Food insecure area” is synonymous with “food desert”
   32  and means a parcel of land identified by the Office of Economic
   33  and Demographic Research as being located in an area:
   34         1.Having a poverty rate of at least 20 percent, or having
   35  a median family income at or below 80 percent, of the median
   36  family income for this state; and
   37         2.Having at least 500 persons, or at least 33 percent of
   38  the population, who, in urban communities, live more than 1 mile
   39  from a supermarket or who, in rural communities, live more than
   40  10 miles from a supermarket.
   41         (b)“Nutrient-dense food” means a food that has a high
   42  level of nutrients in relationship to the number of calories it
   43  contains. The term includes fresh fruits and vegetables, whole
   44  grains, nuts, seeds, beans and legumes, and low-fat dairy
   45  products.
   46         (c)“Small-footprint grocery store” means a grocery store
   47  that:
   48         1.Sells products at wholesale or retail and has less than
   49  $1 million in annual gross sales;
   50         2.Derives at least 20 percent of its gross receipts from
   51  the retail sale of nutrient-dense foods; and
   52         3.Operates in a food insecure area.
   53         (d)“Supermarket” means a grocery store that has a least $1
   54  million in annual gross sales, has no more than 12,000 square
   55  feet of retail space, and contains all of the major food
   56  departments found in a large retail grocery store.
   57         (3)Notwithstanding any other restrictions, a local
   58  government may enact land development regulations authorizing
   59  land use for a small-footprint grocery store located in a food
   60  insecure area.
   61         (4)Notwithstanding any other restrictions, a local
   62  government may include in its comprehensive plan a provision
   63  authorizing land use for a small-footprint grocery store located
   64  in a food insecure area.
   65         (5)A local government may require mandatory reporting of
   66  certain information from small-footprint grocery stores.
   67         Section 2. This act shall take effect July 1, 2023.