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         220.192Agricultural 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 produced in
  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 produced within 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,
  139  grown, or produced within this state shall be given preference.
  140         Section 3. Section 287.0823, Florida Statutes, is created
  141  to read:
  142         287.0823Commodities 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         595.421Agricultural 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         595.422Local 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         595.802Healthy 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         595.803Produce 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.