Florida Senate - 2013                              CS for SB 778
       
       
       
       By the Committee on Agriculture; and Senator Thompson
       
       
       
       
       575-01865-13                                           2013778c1
    1                        A bill to be entitled                      
    2         An act relating to transactions in fresh produce
    3         markets; providing definitions; authorizing 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         and Nutrition Service groups, associations, and third
    8         party organizations to operate electronic benefits
    9         transfer systems in such markets; providing for
   10         applicability; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. (1) As used in this section, the term:
   15         (a) “Market” means a farmers’ market, community farmers’
   16  market, flea market, or other open-air market.
   17         (b) “SNAP” means the federal Supplemental Nutrition
   18  Assistance Program established under 7 U.S.C. ss. 2011 et seq.
   19         (2)(a) The owner or operator of a market selling fresh
   20  produce who is not an authorized SNAP retailer may allow an
   21  authorized Food and Nutrition Service group or association of
   22  produce sellers that is actively participating in produce sales
   23  in the market, or an authorized Food and Nutrition Service
   24  third-party organization, to implement and operate an electronic
   25  benefits transfer system for purposes of accepting SNAP benefits
   26  in the market on behalf of the produce sellers to the extent and
   27  manner allowed by federal law and regulation.
   28         (b) The authorized Food and Nutrition Service group,
   29  association, or third-party organization responsible for
   30  implementation and operation of the electronic benefits transfer
   31  system may not be another market that competes with the market
   32  being served.
   33         (c) The market owner or operator shall reasonably
   34  accommodate the authorized Food and Nutrition Service group,
   35  association, or third-party organization in the implementation
   36  and operation of an electronic benefits transfer system for
   37  purposes of accepting SNAP benefits.
   38         (3) This section does not:
   39         (a) Apply to a market selling fresh produce whose owner or
   40  operator has an electronic benefits transfer system for
   41  accepting SNAP benefits in the market.
   42         (b) Prohibit an authorized Food and Nutrition Service
   43  produce seller in a market selling fresh produce from operating
   44  his or her own electronic benefits transfer system as part of
   45  his or her customer transaction options.
   46         (c) Require a market owner or operator to create, operate,
   47  or maintain an electronic benefits transfer system on behalf of
   48  its produce sellers.
   49         Section 2. This act shall take effect July 1, 2013.