Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for CS for SB 2652

674476

CHAMBER ACTION

Senate

Floor: 1/AD/2R

4/28/2008 4:38 PM

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House



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Senator Garcia moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (3) is added to section 383.011,

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Florida Statutes, to read:

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     383.011  Administration of maternal and child health

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programs.--

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     (3) In administering the WIC program, the Department of

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Health:

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     (a) For purposes of meeting the federal cost neutrality

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requirement of 7 C.F.R. part 246, shall compare the average cost

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of each food item redeemed by above-50-percent vendors against

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the average cost of the same food item redeemed by regular

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vendors.

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     (b) May not discontinue a WIC-eligible generic product

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unless the product no longer meets the nutritional guidelines of

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the WIC program.

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     (c) Shall only expend funds provided by the Federal

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Government for the administration of the program. In the event

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the department exceeds the federal funding allocation, the

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department may submit a budget amendment to the Executive Office

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of the Governor requesting additional state trust fund authority

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to implement the program pursuant to s. 216.181(11).

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     Section 2.  Section 409.942, Florida Statutes, is amended to

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read:

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     409.942  Electronic benefit transfer program.--

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     (1)  The Department of Children and Family Services shall

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establish an electronic benefit transfer program for the

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dissemination of food stamp benefits and temporary assistance

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payments, including refugee cash assistance payments, asylum

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applicant payments, and child support disregard payments. If the

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Federal Government does not enact legislation or regulations

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providing for dissemination of supplemental security income by

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electronic benefit transfer, the state may include supplemental

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security income in the electronic benefit transfer program.

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     (a)(2) The department shall, in accordance with applicable

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federal laws and regulations, develop minimum program

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requirements and other policy initiatives for the electronic

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benefit transfer program.

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     (b)(3) The department shall enter into public-private

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contracts for all provisions of electronic transfer of public

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assistance benefits.

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     (2)(4) Workforce Florida, Inc., through the Agency for

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Workforce Innovation, shall establish an electronic benefit

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transfer program for the use and management of education,

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training, child care, transportation, and other program benefits

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under its direction. The workforce electronic benefit transfer

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program shall fulfill all federal and state requirements for

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Individual Training Accounts, Retention Incentive Training

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Accounts, Individual Development Accounts, and Individual

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Services Accounts. The workforce electronic benefit transfer

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program shall be designed to enable an individual who receives an

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electronic benefit transfer card under subsection (1) to use that

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card for purposes of benefits provided under the workforce

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development system as well. The Department of Children and Family

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Services shall assist Workforce Florida, Inc., in developing an

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electronic benefit transfer program for the workforce development

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system that is fully compatible with the department's electronic

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benefit transfer program. The agency shall reimburse the

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department for all costs incurred in providing such assistance

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and shall pay all costs for the development of the workforce

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electronic benefit transfer program.

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     (3) By January 1, 2009, the Department of Health shall

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submit a plan for approval by the United States Department of

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Agriculture, Bureau of Food and Nutrition Service, for the

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implementation of a statewide electronic benefits transfer

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program for the dissemination of benefits under the Special

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Supplemental Nutrition Program for Women, Infants, and Children

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(WIC), authorized by the Child Nutrition Act. The plan shall be

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developed in consultation with authorized WIC vendors, including

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above-50-percent vendors. By July 1, 2010, the Department of

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Health shall establish a statewide electronic benefit transfer

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program for the distribution of benefits under the "Special

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Supplemental Nutrition Program for Women, Infants, and Children,"

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or WIC, authorized by the Child Nutrition Act of 1966, as

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amended.

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     (a) The WIC electronic benefit transfer program shall be

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designed to enable an individual who receives an electronic

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benefit transfer card under subsection (1) or subsection (2) to

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use that card for purposes of benefits provided under the WIC

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program.

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     (b) The Department of Children and Family Services shall

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assist the Department of Health in developing an electronic

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benefit transfer program for the WIC program that is fully

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compatible with the electronic benefit transfer programs operated

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by the Department of Children and Family Services and Workforce

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Florida, Inc. The Department of Health shall reimburse the

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Department of Children and Family Services for all costs incurred

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in providing such assistance and shall pay all costs for the

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development of the WIC electronic benefit transfer program.

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     Section 3.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to maternal and child health programs;

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amending s. 383.011, F.S.; requiring the Department of

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Health, in administering the Special Supplemental

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Nutrition Program for Women, Infants, and Children (WIC),

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to compare the costs of food items redeemed by certain

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vendors for purposes of meeting certain federal

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requirements; prohibiting the department from

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discontinuing certain generic products under certain

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circumstances; restricting the funding of the program to

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federal funds; providing for submission of budget

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amendments by the department; amending s. 409.942, F.S.;

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requiring the department to submit a plan to establish an

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electronic benefit transfer program to distribute WIC

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benefits to the United States Department of Agriculture;

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requiring the department to establish an electronic

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benefit transfer program to distribute WIC benefits;

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requiring the department to collaborate with the

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Department of Children and Family Services in developing

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the program and pay all costs associated therewith;

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providing an effective date.

4/28/2008  9:19:00 AM     40-08775-08

CODING: Words stricken are deletions; words underlined are additions.