Florida Senate - 2016 SB 284 By Senator Thompson 12-00367-16 2016284__ 1 A bill to be entitled 2 An act relating to commercial transactions in fresh 3 produce markets; defining terms; authorizing owners or 4 operators of certain farmers’ markets, community 5 farmers’ markets, flea markets, and other open-air 6 markets to allow certain Food and Nutrition Service 7 groups, associations, or third-party organizations to 8 implement and operate an electronic benefits transfer 9 system in such markets for the purpose of accepting 10 SNAP benefits; requiring the owners or operators of 11 such markets to reasonably accommodate such groups in 12 the implementation and operation of an electronic 13 benefits transfer system in the market; providing 14 applicability; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. (1) As used in this section, the term: 19 (a) “Market” means a farmers’ market, community farmers’ 20 market, flea market, or other open-air market. 21 (b) “SNAP” means the Supplemental Nutrition Assistance 22 Program established under 7 U.S.C. ss. 2011 et seq. 23 (2) The owner or operator of a market selling fresh produce 24 who is not an authorized SNAP retailer may, to the extent and 25 manner allowed by federal law and regulation, allow an 26 authorized Food and Nutrition Service group or association of 27 produce sellers which is actively participating in fresh produce 28 sales in the market, or an authorized Food and Nutrition Service 29 third-party organization, to implement and operate an electronic 30 benefits transfer system in the market for the purpose of 31 accepting SNAP benefits on behalf of the market’s fresh produce 32 sellers. 33 (a) 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 the electronic benefits transfer system. 37 (b) The authorized Food and Nutrition Service group, 38 association, or third-party organization responsible for the 39 implementation and operation of the electronic benefits transfer 40 system may not be a competing market. 41 (3) This section does not: 42 (a) Apply to a market selling fresh produce whose owner or 43 operator has an electronic benefits transfer system for 44 accepting SNAP benefits in the market; 45 (b) Prohibit an authorized Food and Nutrition Service 46 produce seller in a market selling fresh produce from operating 47 his or her own electronic benefits transfer system as part of 48 his or her customer transaction options; or 49 (c) Require a market owner or operator to create, operate, 50 or maintain an electronic benefits transfer system on behalf of 51 the market produce sellers. 52 Section 2. This act shall take effect July 1, 2016.