Bill Text: FL S1768 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Agriculture and Nutrition
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Appropriations [S1768 Detail]
Download: Florida-2021-S1768-Introduced.html
Bill Title: Agriculture and Nutrition
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Appropriations [S1768 Detail]
Download: Florida-2021-S1768-Introduced.html
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 producedin 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 producedwithin 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,139grown, or producedwithin 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.