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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. 409.942, F.S.; requiring the Department of

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Health to submit a plan for the implementation of a

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electronic benefits transfer program for the dissemination

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of Women, Infants, and Children (WIC) benefits to the

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United States Department of Agriculture by a certain date

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and to establish the program by a certain date; amending

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s. 383.011, F.S.; requiring the Department of Health to

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compare the average cost of certain food items and collect

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individual food item redemption costs; prohibiting the

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Department of Health from discontinuing a WIC-eligible

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generic product; providing an exception; requiring that

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the department expend funds provided by the Federal

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Government only for administering the program; authorizing

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the department to submit a budget amendment to the

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Executive Office of the Governor if the department exceeds

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the federal funds allocation; 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.  Section 409.942, Florida Statutes, is amended

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to 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

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the Federal Government does not enact legislation or

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regulations providing for dissemination of supplemental

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security income by electronic benefit transfer, the state may

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include supplemental security income in the electronic benefit

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transfer program.

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

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applicable federal laws and regulations, develop minimum

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program requirements and other policy initiatives for the

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electronic 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

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benefits under its direction. The workforce electronic benefit

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transfer program shall fulfill all federal and state

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requirements for Individual Training Accounts, Retention

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Incentive Training Accounts, Individual Development Accounts,

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and Individual Services Accounts. The workforce electronic

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benefit transfer program shall be designed to enable an

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individual who receives an electronic benefit transfer card

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under subsection (1) to use that card for purposes of benefits

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provided under the workforce development system as well. The

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Department of Children and Family Services shall assist

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Workforce Florida, Inc., in developing an electronic benefit

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transfer program for the workforce development system that is

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fully compatible with the department's electronic benefit

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transfer program. The agency shall reimburse the department for

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all costs incurred in providing such assistance and shall pay

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all costs for the development of the workforce electronic

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benefit transfer program.

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     (3) The Department of Health shall:

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     (a) By January 1, 2009, submit a plan for approval by the

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United States Department of Agriculture, Bureau of Food and

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Nutrition Service, for the implementation of a statewide

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electronic benefits transfer program for the dissemination of

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benefits under the Special Supplemental Nutrition Program for

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Women, Infants, and Children (WIC), authorized by the Child

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Nutrition Act. The plan shall be developed in consultation with

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WIC vendors, including above-50-percent vendors.

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     (b) By July 1, 2010, establish a statewide electronic

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benefit transfer program for the dissemination of benefits under

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the Special Supplemental Nutrition Program for Women, Infants,

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and Children (WIC), authorized by the Child Nutrition Act. The

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electronic benefit transfer program shall be implemented in

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consultation with WIC vendors, including above-50-percent

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vendors.

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     (c) Submit reports to the Speaker of the House and the

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President of the Senate as to progress in obtaining federal

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approval and establishing a statewide electronic benefit transfer

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system by January 1, 2009, and by January 1, 2010.

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     Section 2.  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) Upon implementation of an electronic benefit transfer

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system and for the purposes of meeting the federal cost

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

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average cost of each food item redeemed by above-50-percent

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vendors against the average cost of the same food item redeemed

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by regular 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 expend funds provided by the Federal Government

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only for purposes of administering the program. If the department

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exceeds the allocation of federal funds, the department may

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submit a budget amendment to the Executive Office of the Governor

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requesting additional authority to use state trust fund moneys to

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

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