Florida Senate - 2015                                     SB 610
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00166-15                                            2015610__
    1                        A bill to be entitled                      
    2         An act relating to food deserts; creating s. 220.197,
    3         F.S.; defining terms; establishing the food desert
    4         business tax credit for certain businesses that sell
    5         nutrient-dense food items in areas designated as food
    6         deserts; providing for the amount of the credit;
    7         requiring taxpayers to submit an application to the
    8         Department of Revenue in order to claim the tax
    9         credit; requiring the department and the Department of
   10         Agriculture and Consumer Services to review and make
   11         recommendations to the Legislature regarding the
   12         continuation of the tax credit; providing penalties
   13         for fraudulent claims for the tax credit; authorizing
   14         rulemaking authority; providing applicability;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 220.197, Florida Statutes, is created to
   20  read:
   21         220.197 Food desert business tax credit.
   22         (1) As used in this section, the term:
   23         (a) “Food desert business” means a taxpayer that:
   24         1. Is in the trade or business of selling products at
   25  wholesale or retail and has total gross sales of less than $15
   26  million per year;
   27         2. Purchases at least 15 percent of its inventory from in
   28  state companies;
   29         3. Derives at least 20 percent of its gross receipts from
   30  the retail sale of nutrient-dense foods; and
   31         4. Operates the business in a food desert zone.
   32         (b) “Food desert zone means a census tract that has been
   33  identified by the Economic Research Service of the United States
   34  Department of Agriculture as:
   35         1. Having a poverty rate of at least 20 percent or having a
   36  median family income at or below 80 percent of the median family
   37  income for this state; and
   38         2. Having at least 500 persons, or at least 33 percent of
   39  the population, who, in an urban area, live more than 1 mile
   40  from a supermarket or, in a rural area, live more than 10 miles
   41  from a supermarket.
   42         (c) Nutrient-dense food” means a food that has a high
   43  level of nutrients in relationship to the number of calories it
   44  contains. The term includes fresh vegetables and fruits, whole
   45  grains, nuts, seeds, beans and legumes, and low-fat dairy
   46  products.
   47         (d) “Supermarket” means a food store that has at least $2
   48  million in annual sales and contains all of the major food
   49  departments found in a large retail grocery store.
   50         (2) A food desert business is eligible for a tax credit of
   51  20 percent of the annual gross sales of the business against its
   52  corporate annual income tax liability under this chapter. The
   53  food desert business tax credit:
   54         (a) Is earned on the last day of each taxable year and may
   55  be claimed against the income tax for the taxable year that
   56  includes the day on which the credit is earned;
   57         (b) May not be sold or transferred; and
   58         (c) If not fully taken in any single year because of
   59  insufficient tax liability on the part of the business, may be
   60  carried forward for up to 2 years.
   61         (3) In order to claim the food desert business tax credit,
   62  a taxpayer must first submit an application and receive approval
   63  to claim the credit from the department.
   64         (4) The food desert business tax credit shall be reviewed
   65  by the department in consultation with the Department of
   66  Agriculture and Consumer Services 3 taxable years after it has
   67  been in place. At such time, the departments shall make a
   68  recommendation to the Legislature for the elimination or
   69  continuance of the credit, which must be based on the success of
   70  the credit in bringing and maintaining food desert businesses in
   71  food desert zones.
   72         (5) A taxpayer that fraudulently claims to be qualified for
   73  the food desert business tax credit commits a misdemeanor of the
   74  second degree, punishable as provided in s. 775.082 or s.
   75  775.083. The taxpayer is also administratively liable for
   76  repayment of a tax credit that is fraudulently taken plus a
   77  mandatory penalty of 100 percent of the amount of the tax credit
   78  plus interest at the rate provided under this chapter.
   79         (6) The department, in consultation with the Department of
   80  Agriculture and Consumer Services, may adopt rules to administer
   81  this section. Such rules may identify the areas of the state
   82  designated as food desert zones, provide an application process
   83  and forms for applying for the tax credit, and require the
   84  retention of records and the submission of specific documents by
   85  a taxpayer applying for and claiming the tax credit.
   86         (7) This section applies to taxable years beginning on or
   87  after January 1, 2016.
   88         Section 2. This act shall take effect July 1, 2015.