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.