Florida Senate - 2016                                     SB 284
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-00367-16                                            2016284__
    1                        A bill to be entitled                      
    2         An act relating to commercial transactions in fresh
    3         produce markets; defining terms; authorizing owners or
    4         operators of certain farmers’ markets, community
    5         farmers’ markets, flea markets, and other open-air
    6         markets to allow certain Food and Nutrition Service
    7         groups, associations, or third-party organizations to
    8         implement and operate an electronic benefits transfer
    9         system in such markets for the purpose of accepting
   10         SNAP benefits; requiring the owners or operators of
   11         such markets to reasonably accommodate such groups in
   12         the implementation and operation of an electronic
   13         benefits transfer system in the market; providing
   14         applicability; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. (1) As used in this section, the term:
   19         (a) “Market” means a farmers’ market, community farmers’
   20  market, flea market, or other open-air market.
   21         (b) “SNAP” means the Supplemental Nutrition Assistance
   22  Program established under 7 U.S.C. ss. 2011 et seq.
   23         (2) The owner or operator of a market selling fresh produce
   24  who is not an authorized SNAP retailer may, to the extent and
   25  manner allowed by federal law and regulation, allow an
   26  authorized Food and Nutrition Service group or association of
   27  produce sellers which is actively participating in fresh produce
   28  sales in the market, or an authorized Food and Nutrition Service
   29  third-party organization, to implement and operate an electronic
   30  benefits transfer system in the market for the purpose of
   31  accepting SNAP benefits on behalf of the market’s fresh produce
   32  sellers.
   33         (a) The market owner or operator shall reasonably
   34  accommodate the authorized Food and Nutrition Service group,
   35  association, or third-party organization in the implementation
   36  and operation of the electronic benefits transfer system.
   37         (b) The authorized Food and Nutrition Service group,
   38  association, or third-party organization responsible for the
   39  implementation and operation of the electronic benefits transfer
   40  system may not be a competing market.
   41         (3) This section does not:
   42         (a) Apply to a market selling fresh produce whose owner or
   43  operator has an electronic benefits transfer system for
   44  accepting SNAP benefits in the market;
   45         (b) Prohibit an authorized Food and Nutrition Service
   46  produce seller in a market selling fresh produce from operating
   47  his or her own electronic benefits transfer system as part of
   48  his or her customer transaction options; or
   49         (c) Require a market owner or operator to create, operate,
   50  or maintain an electronic benefits transfer system on behalf of
   51  the market produce sellers.
   52         Section 2. This act shall take effect July 1, 2016.