Florida Food Policy Council

L E A D I N G  F L O R I D A  F O O D

March 2021 Policy Snapshot: Florida Legislative Session Senate Bills

9 Mar 2021 2:31 PM | Administrator (Administrator)


March 2nd was the beginning of the Regular Session for the Florida legislature. This year, a number of bills are focused on food policy. Below we have highlighted noteworthy Senate legislation to watch. Visit the Florida Senate official website for full bill descriptions and actions. An update on House Bills will be provided in our upcoming Policy Snapshot.

 

SB 46 – Craft Distilleries 

This bill was voted favorable by Regulated Industries on 1/26, by Commerce and Tourism on 2/15 and the Rules Committee on 3/4. The bill has been placed on Special Order Calendar for 3/11. 

Authorizing craft distilleries to be licensed as specified vendors under certain circumstances; requiring certain alcoholic beverages to be obtained through a licensed distributor; prohibiting a distillery from operating as a craft distillery until certain requirements are met; authorizing persons to have common ownership in craft distilleries under certain circumstances; requiring a minimum percentage of a craft distillery’s total finished branded products to be distilled in this state and contain one or more Florida agricultural products after a specified date, etc.”

 

SB 88 – Farming Operations

This bill was voted favorable by Judiciary on 2/1, by Environment and Natural Resources on 2/8, and by Rules on 3/4. The bill has been placed on Special Order Calendar for 3/11.  

Prohibiting farms from being held liable for nuisance except under certain circumstances; providing a burden of proof; prohibiting nuisance actions from being filed against farm operations unless specified conditions are met; providing requirements for and limitations on damages; providing that plaintiffs who bring nuisance actions against farm operations are liable for certain costs and expenses under certain conditions, etc.”

 

SB 240 – Donor Human Milk Bank Services

This bill is on the Health Policy Committee agenda on 3/10.

Authorizing the Agency for Health Care Administration to pay for donor human milk bank services as an optional Medicaid service if certain conditions are met; adding donor human milk bank services to the list of Medicaid services authorized for reimbursement on a fee-for-service basis; adding donor human milk bank services to the list of minimum benefits required to be covered by Medicaid managed care plans, etc.”


SB 266 – Home-based Business

This bill is on the Community Affairs Committee agenda on 3/10.

Providing legislative findings and intent; specifying conditions under which a business is considered a home-based business; authorizing a home-based business to operate in a residential zone under certain circumstances; preempting to the state the ability to regulate or license home-based businesses; prohibiting a local government from certain actions relating to the licensure and regulation of home-based businesses, etc.”


SB 336 – Large-scale Agricultural Pollution Reduction Pilot Program

This bill was voted favorable by Agriculture on 1/27. The bill was placed on the Environment and Natural Resources Committee agenda for 2/15 and was temporarily postponed, then introduced on 3/2.  

Creating a large-scale agricultural pollution reduction pilot program within the Department of Environmental Protection as a partnership with dairy farms for a specified purpose; specifying that pilot program participants are presumed to comply with water quality standards and are eligible for certain permit terms and funding; authorizing the department to grant general permits for certain department-approved large-scale dairy farm pollution reduction pilot program participants, etc. APPROPRIATION: $1,300,000”

 

SB 374 – Fair Repair of Agricultural Equipment

This bill was voted favorable by Agriculture on 1/27. The bill was placed on the Environment and Natural Resources Committee agenda for 2/15 and was temporarily postponed, then introduced on 3/2.  

Citing this act as the "Agricultural Equipment Fair Repair Act"; requiring original equipment manufacturers of agricultural equipment to provide certain manufacturing, diagnostic, and repair information to independent repair providers and owners; prohibiting the original equipment manufacturers from excluding certain information concerning security-related functions, etc.”

 

SB 404 – Office of Minority Health and Health Equity  

This bill was voted favorable by the Health Policy Committee on 3/3. The bill is in Appropriations Subcommittee on Health and Human Services as of 3/5.

Requiring the Office of Minority Health and Health Equity to develop and promote the statewide implementation of certain policies, programs, and practices; requiring one representative from each county health department to serve as a minority health liaison for a specified purpose; requiring the Department of Health to maintain specified information on its website; requiring the office to serve as a liaison to and assist certain federal offices, etc.”


SB 426 – State Preemption of Seaport Regulations 

This bill is on the Transportation Committee agenda on 3/10.

“Preempting to the state the regulation of commerce in state seaports; providing exceptions, etc.”

 

SB 516 – Taxation of Property Used for Agriculture Purposes

This bill was introduced on 3/2.

“Specifying the methodology for the assessment of structures and equipment used in aquaculture; allowing a property owner to request removal of its agriculture classification if the tax assessed based on such methodology exceeds the tax assessed based on the value of the structures and equipment, etc.”


SB 594 – Preemption of Recyclable and Polystyrene Materials 

This bill was introduced on 3/2.

Deleting preemptions of local law relating to the regulation of auxiliary containers, wrappings, or disposable plastic bags; repealing the preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture and Consumer Services, etc.”

 

SB 628 – Urban Agriculture

This bill was voted favorable by Agriculture on 3/3. The bill is in Community Affairs as of 3/4.

Exempting farm equipment used in urban agriculture from certain provisions requiring farm equipment to be located a specified distance from a public road; providing that nonresidential farm buildings, fences, or signs located on lands used for urban agriculture are not exempt from the Florida Building Code or local governmental regulations; creating the “Florida Urban Agriculture Act”; expressly preserving local governmental authority to regulate urban agriculture under certain circumstances, etc.”

 

SB 834 – Drinking Water in Public Schools 

This bill was introduced on 3/2.

“Requiring the Office of Program Policy Analysis and Government Accountability (OPPAGA) to conduct a study of the prevalence and effects of lead in drinking water in public schools; specifying the information that must be included in the study; requiring OPPAGA to consult with district school boards, district boards, and other interested entities; requiring OPPAGA to submit the study to the Governor and the Legislature by a specified date; providing for future repeal, etc.”

 

SB 1018 – Sale of Aquaculture Products

This bill was voted favorable by Agriculture on 3/3. The bill is in Environment and Natural Resources as of 3/4.

Authorizing certified aquaculture producers and certain licensed dealers to sell largemouth bass without restriction under certain circumstances; making technical changes, etc.”

 

SB 1190 – Infrastructure Solutions/Climate Resilience

This bill was introduced on 3/2.

“Expressing the Legislature’s support for investment in 21st century resilient infrastructure solutions, projects, and policy proposals to support long-term climate resilience, which includes a reduction of pollution and the development of clean energy systems, clean transportation options, flood protections, and other improvements in neighborhood livability, etc.”


SB 1294 – Cottage Food Operations

This bill was voted favorable by Regulated Industries on 3/9.

Citing this act as the "Home Sweet Home Act"; revising the definition of “cottage food operation”; increasing the annual gross sales limitation for exempting cottage food operations from certain food and building permitting requirements; authorizing the sale, offer for sale, acceptance of payment, and delivery of cottage food products by mail; preempting the regulation of cottage food operations to the state; prohibiting local governments from prohibiting or regulating cottage food operations, etc.”


SB 1438 – State Nutrition Assistance Reimbursement Program

This bill was introduced on 3/2.

“Requiring the Department of Children and Families to develop and implement a nutrition assistance reimbursement program to reimburse community-based nonprofit organizations and nonprofit religious organizations providing certain enrollment assistance services; requiring the department to determine eligibility criteria and application procedures for the program; requiring the submission of an application on a form prescribed by the department for reimbursement under the program; requiring the department to establish a funding mechanism to support the authorization of reimbursements under the program; requiring the department to adopt rules, etc.”

 

SB 1720 – School Meals  

This bill was referred to Education, Appropriations Subcommittee on Education, and Appropriations on 3/4

Revising provisions relating to school nutrition program requirements; requiring district school boards that participate in the National School Lunch Program to provide meals to a student regardless of his or her ability to pay or whether he or she has any unpaid meal charges; prohibiting certain students from being required to destroy or dispose of a meal based on any unpaid meal charges, etc.”


SB 1764 – Recycling of Organic Waste Material

This bill was referred to Environment and Natural Resources, Appropriations Subcommittee on Agriculture, Environment, and General Government, and Appropriations on 3/4

“Requiring certain commercial waste generators and certain institutions of higher education, beginning on specified dates and under certain circumstances, to ensure that their organic waste materials are separated and recycled at specified recycling facilities; providing an exception for commercial waste generators or institutions of higher education that perform composting of or treat organic waste material onsite, etc.”


SB 1768 – Agriculture and Nutrition

This bill was referred to Agriculture, Finance and Tax, and Appropriations on 3/4.

Providing a tax credit for farmers who donate agricultural commodities to certain charitable and nonprofit organizations for certain distribution; declaring that it is a state goal that by a specified date, a percentage of food commodities purchased by state agencies, universities, and colleges will be grown or produced in this state; requiring state agencies, universities, and colleges to give preference to food commodities grown or produced in this state in certain purchasing agreements, state term contracts, or contracts for the purchase of food commodities, etc. APPROPRIATION: $12,656,801”

 

SB 1858 – Food Takeout and Delivery Service Fees

This bill was referred to Commerce and Tourism, Regulated Industries, and Rules as of 3/4.

Limiting service fees charged to restaurants by third-party food takeout and delivery service applications or Internet websites during a declared state of emergency; providing that third-party food takeout and delivery service applications or Internet websites that charge fees in violation of the act commit a deceptive and unfair trade practice, subject to the penalties and remedies of the Florida Deceptive and Unfair Trade Practices Act, etc.”


A number of bills attempting to amend provisions which provide public records exemption for trade secret information were also filed including:

SB 1634 – Public Records/Aquaculture/Department of Agriculture and Consumer Services

SB 7038 – OGSR/Division of Fruit and Vegetables/Trade Secrets

SB 7040 – OGSR/Department of Agriculture and Consumer Services

SB 7042 – OGSR/Trade Secret/Department of Citrus

SB 7044 OGSR/Noncommodity Advertising and Promotional Program Participants/Department of Citrus

SB 7046 – OGSR/Trade Secret/Department of Citrus

SB 7048 OGSR/Manufacturer’s Formula/Department of Agriculture and Consumer Services

SB 7058 – OGSR/Dairy Industry Business’ Trade Secrets



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