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.