Florida Senate - 2008 SB 2652

By Senator Garcia

40-03640-08 20082652__

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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 to implement an electronic benefits transfer system

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for the Special Supplemental Nutrition Program for Women,

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Infants, and Children (WIC); revising the method by which

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the Bureau of WIC and Nutrition Services calculates the

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statewide average retail price of certain items; requiring

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the department to petition the United States Department of

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Agriculture regarding certain price increases; providing

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for the sale, conveyance, or devise of certain

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establishments; requiring reauthorization of contracts

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with WIC-approved vendors; prohibiting WIC-approved

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vendors from discontinuing certain generic products;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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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) The Department of Health shall:

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     (a) Implement an electronic benefits transfer (EBT) system

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for the WIC program by October 1, 2008.

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     (b) Require the Bureau of WIC and Nutrition Services to

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calculate the statewide average retail price of each WIC-eligible

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product by item rather than by WIC check or voucher.

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     (c) Contact the Division of Food and Nutrition Services of

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the United States Department of Agriculture when notified by a

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manufacturer of a price increase on any WIC-eligible product and

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request authorization from the Division of Food and Nutrition

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Services to allow food retailers to increase the price for the

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same WIC-eligible product by the same percentage.

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     (d) Authorize a vendor who owns a WIC-approved retail store

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that sells WIC-eligible products at markups that exceed 50

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percent to sell, convey, or devise the store to any qualifying

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vendor.

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     (e) Require annual reauthorization of the contract of an

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existing WIC-approved vendor who is in compliance with department

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requirements.

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     (f) Prohibit a WIC-approved vendor from discontinuing any

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WIC-eligible generic product unless the product no longer meets

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the nutritional guidelines of the WIC program.

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     Section 2.  This act shall take effect July 1, 2008.

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