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.