Florida Senate - 2022                                    SB 1832
       By Senator Brodeur
       9-01413A-22                                           20221832__
    1                        A bill to be entitled                      
    2         An act relating to food recovery; amending s. 595.420,
    3         F.S.; defining terms; directing the Department of
    4         Agriculture and Consumer Services, subject to
    5         appropriation, to implement a pilot program to provide
    6         incentives to Florida growers to contribute high
    7         quality fresh fruits and vegetables to food recovery
    8         entities in the state; authorizing food recovery
    9         entities to negotiate the purchase price of produce
   10         and reimburse agricultural companies for certain
   11         costs; providing produce shipping requirements;
   12         requiring the department to reimburse food recovery
   13         entities for certain costs; providing reimbursement
   14         invoice requirements; requiring the department to
   15         submit a report to the Governor and Legislature by a
   16         specified date and to adopt rules; providing an
   17         appropriation; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (8) is added to section 595.420,
   22  Florida Statutes, to read:
   23         595.420 Food recovery; legislative intent; department
   24  functions.—
   25         (8)(a)As used in this subsection, the term:
   26         1.“Agricultural company” means a fruit or vegetable
   27  producer in the state that has an affiliated shipper and is
   28  licensed under the United States Perishable Agricultural
   29  Commodities Act.
   30         2.“Food recovery entity” means a nonprofit association
   31  engaged in food recovery and distribution with at least 20 years
   32  of operation in the state that has received a minimum of 10
   33  million pounds of perishable produce annually for the last 3
   34  years.
   35         (b)Subject to appropriation, the department shall
   36  implement a pilot program to provide incentives to Florida
   37  agricultural companies to contribute high-quality fresh fruits
   38  and vegetables to food recovery entities in the state. The goal
   39  of the pilot program is to reach annual contributions of 50
   40  million pounds of high-quality fresh fruits and vegetables from
   41  Florida growers to food recovery entities by July 1, 2025.
   42         (c)To encourage agricultural companies to contribute high
   43  quality fresh fruits and vegetables, a food recovery entity may
   44  negotiate the price per pound for produce and reimburse
   45  agricultural companies on a dollar-for-dollar basis for costs
   46  relating to picking, packing, precooling, and transporting high
   47  quality fresh fruits and vegetables from the farm to the food
   48  recovery entity. Such produce must meet the Unites States
   49  Department of Agriculture grade 1 or 2 standards and must be
   50  shipped within 7 days after the harvest date. The shipping date
   51  may be modified based on the expected shelf life of a particular
   52  fruit or vegetable, as long as the modified shipping date will
   53  not affect the grade 1 or 2 standards. The harvest date must be
   54  included on the invoice provided by the agricultural company to
   55  the food recovery entity.
   56         (d)The department shall reimburse food recovery entities
   57  on a dollar-for-dollar basis for the purchase of high-quality
   58  fresh fruits and vegetables from agricultural companies plus a
   59  10 cents per pound distribution reimbursement. To receive
   60  reimbursement, a food recovery entity must submit an invoice as
   61  prescribed by the department, which includes, at a minimum, the
   62  following information:
   63         1.Ship date.
   64         2.Ship location by city.
   65         3.Harvest date.
   66         4.Packaging type and size.
   67         5.Delivery location by city.
   68         6.Delivery date.
   69         7.Received weight in total pounds for each crop.
   70         8.Total price per pound for each crop.
   71         9.Total invoice price paid.
   72         10.Total pounds delivered.
   73         (e)The department shall submit a report on the pilot
   74  program, including recommendations for legislation, to the
   75  Governor, the President of the Senate, and the Speaker of the
   76  House of Representatives by January 1, 2025.
   77         (f)The department shall adopt rules to implement this
   78  subsection.
   79         Section 2. For the 2022-2023 fiscal year, the sum of $5
   80  million in nonrecurring funds is appropriated to the Department
   81  of Agriculture and Consumer Services to implement a pilot
   82  program pursuant to s. 595.420(8), Florida Statutes.
   83         Section 3. This act shall take effect July 1, 2022.