Florida Senate - 2013                                     SB 778
       
       
       
       By Senator Thompson
       
       
       
       
       12-01055-13                                            2013778__
    1                        A bill to be entitled                      
    2         An act relating to transactions in fresh produce
    3         markets; providing definitions; requiring certain
    4         owners and operators of farmers’ markets, community
    5         farmers’ markets, flea markets, and other open-air
    6         markets selling fresh produce to allow authorized Food
    7         Nutrition Service groups, associations, and third
    8         party organizations to operate electronic benefits
    9         transfer systems in such markets; providing for
   10         applicability; requiring the Department of Children
   11         and Families to adopt rules; providing an effective
   12         date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. (1) As used in this section, the term:
   17         (a) “Market” means a farmers’ market, community farmers’
   18  market, flea market, or other open-air market.
   19         (b) “SNAP” means the federal Supplemental Nutrition
   20  Assistance Program established under 7 U.S.C. ss. 2011 et seq.
   21         (2)(a) The owner or operator of a market selling fresh
   22  produce who is an authorized SNAP retailer, but who does not
   23  have an electronic benefits transfer system for accepting SNAP
   24  benefits in the market by January 1, 2014, shall allow an
   25  authorized Food Nutrition Service group or association of
   26  produce sellers that is actively participating in produce sales
   27  in the market, or an authorized Food Nutrition Service third
   28  party organization, to implement and operate an electronic
   29  benefits transfer system for purposes of accepting SNAP benefits
   30  in the market on behalf of the produce sellers to the extent and
   31  manner allowed by federal law and regulation.
   32         (b) The authorized Food Nutrition Service group,
   33  association, or third-party organization responsible for
   34  implementation and operation of the electronic benefits transfer
   35  system may not be another market that competes with the market
   36  being served.
   37         (c) The market owner or operator shall reasonably
   38  accommodate the authorized Food Nutrition Service group,
   39  association, or third-party organization in the implementation
   40  and operation of an electronic benefits transfer system for
   41  purposes of accepting SNAP benefits.
   42         (3) This section does not:
   43         (a) Apply to a market selling fresh produce whose owner or
   44  operator has an electronic benefits transfer system for
   45  accepting SNAP benefits in the market.
   46         (b) Prohibit an authorized Food Nutrition Service produce
   47  seller in a market selling fresh produce from operating his or
   48  her own electronic benefits transfer system as part of his or
   49  her customer transaction options.
   50         (c) Require a market owner or operator to create, operate,
   51  or maintain an electronic benefits transfer system on behalf of
   52  its produce sellers.
   53         (4) The Department of Children and Families shall adopt
   54  rules to administer this section.
   55         Section 2. This act shall take effect July 1, 2013.