Florida Senate - 2014                                     SB 552
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-00074-14                                            2014552__
    1                        A bill to be entitled                      
    2         An act relating to transactions in fresh produce
    3         markets; providing definitions; authorizing certain
    4         owners or operators of farmers’ markets, community
    5         farmers’ markets, flea markets, and other open-air
    6         markets selling fresh produce to allow certain
    7         authorized Food and Nutrition Service groups,
    8         associations, or third-party organizations to
    9         implement and operate electronic benefits transfer
   10         systems for the purpose of accepting SNAP benefits in
   11         such markets; requiring the owners or operators to
   12         reasonably accommodate the groups, associations, or
   13         third-party organizations in the implementation and
   14         operation of the electronic benefits transfer system;
   15         providing applicability; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. (1) As used in this section, the term:
   20         (a) “Market” means a farmers’ market, community farmers’
   21  market, flea market, or other open-air market.
   22         (b) “SNAP” means the Supplemental Nutrition Assistance
   23  Program established under 7 U.S.C. ss. 2011 et seq.
   24         (2) The owner or operator of a market selling fresh produce
   25  who is not an authorized SNAP retailer may allow an authorized
   26  Food and Nutrition Service group or association of produce
   27  sellers which is actively participating in fresh produce sales
   28  in the market, or an authorized Food and Nutrition Service
   29  third-party organization, to implement and operate an electronic
   30  benefits transfer system for purposes of accepting SNAP benefits
   31  in the market on behalf of the market produce sellers to the
   32  extent and manner allowed by federal law and regulation.
   33         (a) The authorized Food and Nutrition Service group,
   34  association, or third-party organization responsible for the
   35  implementation and operation of the electronic benefits transfer
   36  system must not be a competitor market.
   37         (b) The market owner or operator shall reasonably
   38  accommodate the authorized Food and 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 and Nutrition Service
   47  produce seller in a market selling fresh produce from operating
   48  his or her own electronic benefits transfer system as part of
   49  his or 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  the market produce sellers.
   53         Section 2. This act shall take effect July 1, 2014.