F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 307 2023
1 A bill to be entitled
2 An act relating to the Healthy Food Financing
3 Initiative program; providing a directive to the
4 Division of Law Revision; transferring, renumbering,
5 and amending s. 500.81, F.S.; redefining the term
6 "underserved community"; revising requirements for the
7 administration of and participation in the Healthy
8 Food Financing Initiative program; providing program
9 eligibility requirements for nonprofit organizations
10 and revising eligibility requirements for community
11 development financial institutions; revising
12 requirements for program applicants and projects;
13 revising the purposes for which project funding may be
14 used; requiring the Office of Program Policy Analysis
15 and Government Accountability to review the program
16 and collected data after a specified timeframe and
17 provide the Legislature with a specified report;
18 specifying that program funding is subject to and
19 provided from certain appropriations; deleting a
20 prohibition relating to funding distribution; amending
21 ss. 595.401, 595.402, 595.404, 595.408, and 595.501,
22 F.S.; conforming provisions to changes made by the
23 act; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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26
27 Section 1. The Division of Law Revision is directed to
28 rename chapter 595, Florida Statutes, entitled "School Food and
29 Nutrition Services," as "Food and Nutrition."
30 Section 2. Section 500.81, Florida Statutes, is
31 transferred, renumbered as section 595.801, and amended to read:
32 595.801 500.81 Healthy Food Financing Initiative.—
33 (1) DEFINITIONS.—As used in this section, the term:
34 (a) "Community facility" means a property owned by a
35 nonprofit or for-profit entity in which health and human
36 services are provided and space is offered in a manner that
37 provides increased access to, or delivery or distribution of,
38 food or other agricultural products to encourage public
39 consumption and household purchases of fresh produce or other
40 healthy food to improve the public health and well-being of low-
41 income children, families, and older adults.
42 (b) "Department" means the Department of Agriculture and
43 Consumer Services.
44 (c) "Independent grocery store or supermarket" means an
45 independently owned grocery store or supermarket whose parent
46 company does not own more than 40 grocery stores throughout the
47 country based upon ownership conditions as identified in the
48 latest Nielsen TDLinx Supermarket/Supercenter database.
49 (d) "Low-income community" means a population census
50 tract, as reported in the most recent United States Census
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51 Bureau American Community Survey, which meets one of the
52 following criteria:
53 1. The poverty rate is at least 20 percent;
54 2. In the case of a low-income community located outside
55 of a metropolitan area, the median family income does not exceed
56 80 percent of the statewide median family income; or
57 3. In the case of a low-income community located inside of
58 a metropolitan area, the median family income does not exceed 80
59 percent of the statewide median family income or 80 percent of
60 the metropolitan median family income, whichever is greater.
61 (e) "Program" means the Healthy Food Financing Initiative
62 established by the department.
63 (f) "Underserved community" means a low-income community
64 distressed urban, suburban, or rural geographic area where a
65 substantial number of residents have low access to a full-
66 service supermarket or grocery store. An area with limited
67 supermarket access must be:
68 1. A census tract, as determined to be an area with low
69 access by the United States Department of Agriculture, as
70 identified in the Food Access Research Atlas;
71 2. Identified as a limited supermarket access area as
72 recognized by the Community Development Financial Institutions
73 Fund of the United States Department of the Treasury; or
74 3. Identified as an area with low access to a supermarket
75 or grocery store through a methodology that has been adopted for
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76 use by another governmental initiative, or a well-established or
77 well-regarded philanthropic healthy food initiative.
78 (2) HEALTHY FOOD FINANCING INITIATIVE PROGRAM.—The
79 department shall establish a Healthy Food Financing Initiative
80 program that provides grants and loans is composed of and
81 coordinates the use of grants from any source; federal, state,
82 and private loans from a governmental entity or institutions
83 regulated by a governmental entity; federal tax credits; and
84 other types of financial assistance for the construction,
85 rehabilitation, or expansion of independent grocery stores,
86 supermarkets, community facilities, or other retail outlets
87 structures to increase access to affordable fresh produce and
88 other nutritious food in underserved communities.
89 (3) THIRD-PARTY ADMINISTRATORS; QUALIFICATIONS.—
90 (a) The department may contract with one or more qualif ied
91 nonprofit organizations or Florida-based federally certified
92 community development financial institutions to administer the
93 program through a public-private partnership.
94 (b) A qualified nonprofit organization must be able to
95 demonstrate all of the following:
96 1. Prior experience in healthy food financing.
97 2. An exemption from taxation under s. 501(c)(3) of the
98 Internal Revenue Code.
99 3. The ability to successfully manage and operate lending
100 and grant programs.
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101 4. The ability to assume full financial risk for loans
102 made under the program.
103 (c) Eligible community development financial institutions
104 must be able to demonstrate all of the following:
105 1. Prior experience in healthy food financing.
106 2. Certification by Support from the Community Development
107 Financial Institutions Fund of the United States Department of
108 the Treasury.
109 3. The ability to successfully manage and operate lending
110 and tax credit programs.
111 4. The ability to assume full financial risk for loans
112 made under the program this initiative.
113 (d) Any third-party administrator that contracts with the
114 department shall provide quarterly updates to the department.
115 (4)(b) DUTIES OF THE DEPARTMENT OR THIRD-PARTY
116 ADMINISTRATOR.—The department or a third-party administrator
117 shall do all of the following:
118 (a)1. Establish program guidelines, raise matching funds,
119 promote the program statewide, evaluate applicants, make award
120 decisions, underwrite and disburse grants and loans, and monitor
121 compliance and impact. The department may contract with a third-
122 party administrator to carry out such duties. If the department
123 contracts with a third-party administrator, funds shall be
124 granted to the third-party administrator to create a revolving
125 loan fund for the purpose of financing projects that mee t the
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126 criteria of the program. The third-party administrator shall
127 report to the department annually.
128 (b)2. Create eligibility guidelines and provide financing
129 through an application process. Eligible projects must:
130 a. Be located in an underserved community;
131 b. Primarily serve low-income communities; and
132 c. Provide for the renovation or expansion of, including
133 infrastructure upgrades to, existing independent grocery stores
134 or supermarkets; or the renovation or expansion of, including
135 infrastructure upgrades to, community facilities to improve the
136 availability and quality of fresh produce and other healthy
137 foods.
138 (c)3. Report annually to the President of the Senate and
139 the Speaker of the House of Representatives on the projects
140 funded, the geographic distribution of the projects, the costs
141 of the program, and the outcomes, including the number and type
142 of jobs created.
143 (4)(a) The Office of Program Policy Analysis and
144 Government Accountability shall review the program and data
145 collected from the department after a term of 7 years and report
146 to the President of the Senate and the Speaker of the House of
147 Representatives. The report shall include, but is not limited
148 to, health impacts based on data collected by the state on
149 diabetes, heart disease and other obesity-related diseases, and
150 other factors as determined by the department.
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151 (b) If the report determines the program to be
152 unsuccessful after 7 years, the department shall create
153 guidelines for unused funds to be returned to the initial
154 investor.
155 (5) PROGRAM PARTICIPANTS.—Entities that may apply for
156 funding under the program include A for-profit entities entity,
157 including a convenience stores store or a fueling stations; and
158 station, or a not-for-profit entities entity, including, but not
159 limited to, a sole proprietorships, partnerships proprietorship,
160 partnership, limited liability companies, corporations,
161 cooperatives company, corporation, cooperative, nonprofit
162 organizations organization, nonprofit community development
163 entities entity, or private universities university, may apply
164 for financing.
165 (a) A program An applicant for financing must do all of
166 the following:
167 1.(a) Demonstrate the capacity to successfully implement
168 the project and the likelihood that the project will be
169 economically self-sustaining.;
170 2.(b) Demonstrate the ability to repay the loan.; and
171 (c) Agree, as an independent grocery store or supermarket,
172 for at least 5 years, to:
173 3.1. Accept Supplemental Nutrition Assistance Program
174 benefits and;
175 2. Apply to accept Special Supplemental Nutrition Program
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176 for Women, Infants, and Children benefits. and accept such
177 benefits, if approved;
178 4.3. For independent grocery stores and supermarkets,
179 allocate at least 30 percent of floor food retail space for the
180 sale of perishable foods, which may include fresh or frozen
181 dairy products, fresh produce, and fresh meats, poultry, and
182 fish.;
183 5.4. Comply with all data collection and reporting
184 requirements established by the department.; and
185 6.5. Promote the hiring of local residents.
186 (b) The department shall give preference to Florida-based
187 grocers, local business owners with experience in grocery
188 stores, and grocers and business owners with a business plan
189 that includes written documentation of opportunities to purchase
190 from farmers and growers in this state before seeking out-of-
191 state purchases.
192 (6) PROJECT ELIGIBILITY.—
193 (a) To be eligible for funding under the program, a
194 project must:
195 1. Be located in an underserved community; and
196 2. Provide for the construction of independent grocery
197 stores or supermarkets; renovation, expansion, and
198 infrastructure upgrades to stores and community facilities that
199 improve the availability and quality of fresh produce and other
200 healthy foods; or other projects that create or improve access
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201 to affordable fresh produce which meet the intent of this
202 section, as determined by the department or a third -party
203 administrator.
204 (b) Projects including, but not limited to, corner stores,
205 bodegas, or other types of nontraditional grocery stores that do
206 not meet the 30 percent floor space minimum in subparagraph
207 (5)(a)4. may 3. can still qualify for funding if such funding
208 will be used for refrigeration, displays, or other one-time
209 capital expenditures to promote the sale of fresh produce and
210 other healthy foods.
211 (6) In determining which qualified projects to finance,
212 the department or third-party administrator shall:
213 (a) Give preference to local Florida-based grocers or
214 local business owners with experience in grocery stores and to
215 grocers and business owners with a business plan model that
216 incl