THE BILL ITSELF
SB 852
Food Insecure Areas
Florida Senate - 2026 SB 852 By Senator Jones 34-00910-26 2026852__
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A bill to be entitled
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An act relating to food insecure areas; creating s.
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163.31791, F.S.; providing legislative findings;
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providing definitions; authorizing a local government
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to enact land development regulations to permit land
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use for a small-footprint grocery store located in a
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food insecure area; authorizing a local government to
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include in its comprehensive plan a provision
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permitting land use for a small-footprint grocery
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store located in a food insecure area; authorizing a
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local government to require mandatory reporting of
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certain information from a small-footprint grocery
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store; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 163.31791, Florida Statutes, is created
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to read:
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163.31791 Food insecure areas.—
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(1) The Legislature finds that access to affordable,
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healthy food options, especially fresh fruits and vegetables, is
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restricted due, in part, to the absence of supermarkets located
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within a convenient traveling distance. This restriction
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constitutes a threat to the health, safety, and welfare of the
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residents of this state. Therefore, the Legislature finds that
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it serves an important public purpose to encourage local
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governments to grant or approve development permits for land
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designated as a food insecure area in order to increase the
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availability of nutrient-dense food options.
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(2) As used in this section, the term:
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(a) “Food insecure area” is synonymous with “food desert”
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and means a parcel of land that has been identified by the
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Office of Economic and Demographic Research as being located in
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an area:
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1. Having a poverty rate of at least 20 percent or having a
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median family income at or below 80 percent of the median family
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income for this state; and
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2. Having at least 500 persons, or at least 33 percent of
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the population, who, in urban communities, live more than 1 mile
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from a supermarket or who, in rural communities, live more than
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10 miles from a supermarket.
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(b) “Nutrient-dense food” means a food that has a high
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level of nutrients in relationship to the number of calories it
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contains. The term includes fresh fruits and vegetables, whole
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grains, nuts, seeds, beans and legumes, and low-fat dairy
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products.
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(c) “Small-footprint grocery store” means a grocery store
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that:
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1. Sells products at wholesale or retail;
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2. Derives at least 30 percent of its gross receipts from
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the retail sale of nutrient-dense foods; and
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3. Operates in a food insecure area.
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(d) “Supermarket” means a grocery store that contains all
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of the major food departments found in a large retail grocery
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store.
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(3) Notwithstanding any other restrictions, a local
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government may enact land development regulations authorizing
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land use for a small-footprint grocery store located in a food
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insecure area.
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(4) Notwithstanding any other restrictions, a local
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government may include in its comprehensive plan a provision
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authorizing land use for a small-footprint grocery store located
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in a food insecure area.
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(5) A local government may require mandatory reporting of
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certain information from small-footprint grocery stores.
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Section 2. This act shall take effect July 1, 2026.