Florida Senate - 2012 SB 1658
By Senator Storms
10-01432B-12 20121658__
1 A bill to be entitled
2 An act relating to public assistance; amending s.
3 402.82, F.S.; restricting the use of an electronic
4 benefit transfer card to prohibit accessing cash from
5 outside the state and purchasing certain products;
6 expanding the list of items that may not be purchased
7 with the federal Supplemental Nutrition Assistance
8 Program funds; prohibiting the use of benefits in
9 restaurants; directing the Department of Children and
10 Family Services to promote the benefits of healthy and
11 nutritious eating habits; requiring the department to
12 seek federal authorization or waiver when necessary;
13 amending s. 414.095, F.S.; revising the method of
14 payment of temporary cash assistance to include an
15 electronic benefit transfer card; prohibiting a cash
16 assistance recipient from accessing cash benefits
17 through an electronic benefit transfer card from an
18 automatic teller machine located in certain locations;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 402.82, Florida Statutes, is amended to
24 read:
25 402.82 Electronic benefit transfer program; federal
26 Supplemental Nutrition Assistance Program.—
27 (1) The Department of Children and Family Services shall
28 establish an electronic benefit transfer program for the
29 dissemination of food assistance benefits and temporary cash
30 assistance payments, including refugee cash assistance payments,
31 asylum applicant payments, and child support disregard payments.
32 Except to the extent prohibited by federal law, the electronic
33 benefit transfer system designed and implemented pursuant to
34 this chapter shall prevent a recipient from using the electronic
35 benefit transfer card to access cash benefits outside this
36 state, to purchase alcohol or tobacco products, or to access
37 automatic teller machines located in gambling establishments and
38 adult entertainment establishments. This section does not
39 prohibit the use of an electronic benefit transfer card to
40 access federal Supplemental Nutrition Assistance Program (SNAP)
41 benefits in any manner authorized by federal law.
42 (2) If the Federal Government does not enact legislation or
43 regulations providing for dissemination of supplemental security
44 income by electronic benefit transfer, the state may include
45 supplemental security income in the electronic benefit transfer
46 program.
47 (3)(2) The department shall, in accordance with applicable
48 federal laws and regulations, develop minimum program
49 requirements and other policy initiatives for the electronic
50 benefit transfer program.
51 (4)(3) The department shall enter into public-private
52 contracts for all provisions of electronic transfer of public
53 assistance benefits.
54 (5) The department shall, in accordance with applicable
55 federal laws and regulations:
56 (a) Add to the list of items that may not be purchased with
57 federal Supplemental Nutrition Assistance Program funds
58 nonstaple, unhealthy foods. Such prohibited items include, but
59 are not limited to, foods containing trans fats; sweetened
60 beverages, including sodas; sweets, such as jello, candy, ice
61 cream, pudding, popsicles, muffins, sweet rolls, cakes,
62 cupcakes, pies, cobblers, pastries, and doughnuts; and salty
63 snack foods, such as corn-based salty snacks, pretzels, party
64 mix, popcorn, and potato chips.
65 (b) Prohibit the use of benefits at restaurants, including
66 fast-food restaurants.
67 (c) Use culturally sensitive campaigns to promote the
68 modifications made pursuant to this section as well as the
69 benefits of healthy and nutritious eating habits.
70 (6) For purposes of implementing this section, the
71 department may collaborate with any public or nongovernmental
72 organization that promotes the health and well-being of all
73 residents of this state. The department shall seek all necessary
74 federal approvals to implement this section, which may include a
75 waiver of federal law from the United States Department of
76 Agriculture.
77 Section 2. Paragraph (a) of subsection (13) of section
78 414.095, Florida Statutes, is amended to read:
79 414.095 Determining eligibility for temporary cash
80 assistance.—
81 (13) METHODS OF PAYMENT OF TEMPORARY CASH ASSISTANCE.
82 Temporary cash assistance may be paid as follows:
83 (a) Direct payment through state warrant, electronic
84 transfer of temporary cash assistance, electronic benefit
85 transfer card, or voucher. A cash assistance recipient may not
86 access cash benefits through an electronic benefit transfer card
87 from automated teller machines in this state located in:
88 1. An adult entertainment establishment as defined in s.
89 847.001.
90 2. A pari-mutuel facility as defined in s. 550.002.
91 3. A gaming facility authorized under a tribal-state gaming
92 compact under part II of chapter 285.
93 4. A commercial bingo facility that operates outside the
94 provisions of s. 849.0931.
95 5. A store or establishment in which the principal business
96 is the sale of firearms.
97 6. A retail establishment licensed to sell malt, vinous, or
98 spirituous liquors under the Beverage Law.
99 Section 3. This act shall take effect July 1, 2012.