ATMs at strip clubs and Internet cafes would be off-limits for public assistance debit cards under a bill narrowly backed by the House Health and Human Services Access Subcommittee Monday.
However, the bill, HB 1401, is expected to undergo a major rewrite, as the proposal also pushes for prohibitions on certain junk food purchases with the debit-style cards that are issued through the Supplemental Nutrition Assistance Program, better known as food stamps, before the proposal reaches the Health Care Appropriations Subcommittee.
And even then, any surviving portion of the proposal -- opposed by beverage and retail lobbyists -- may be not have much chance for long-term success since the state would need to get a federal waiver, something the U.S. Department of Agriculture has never done, according to the staff analysis.
Subcommittee members favored efforts to curb the use of the debit cards at adult establishments and gaming venues. However, they expressed strong reservations on the government imposing restrictions that dictate what a person can eat.
And Rep. Scott Plakon, R-Longwood, expects the bill he sponsored to undergo changes once he discusses it further with some of those who expressed opposition to placing dietary restrictions on the use of the cards.
Still, Plakon defended his proposal to restrict what and where food stamps and public assistance debit cards could be used. Nor is the bill an attempt to improve dietary habits, since items such as pre-made cakes couldn't be purchased using the cards but cake mix could, he added.
These are taxpayer dollars," he said. "We already do have restrictions on food stamps.
Beer, wine, cigarettes, liquor and tobacco are already prohibited from being purchased with food stamps.
HB 1401 would prohibit temporary cash assistance and food assistance allotments, which are placed on an Electronic Benefits Transaction (EBT) card that function much like debit cards, from being used at ATMs located in adult entertainment establishment, pari-mutuel facilities, tribal casinos, commercial bingo facilities, retail establishment licensed to sell liquor, Internet cafes and card rooms.
Cards issued in Florida also couldnt be used out of state.
Among the items that would be prohibited for purchase using a food stamp card under HB 1401 are:
- Sweetened beverages, including sodas.
- Sweets, such as candy, ice cream, pudding, popsicles, muffins, sweet rolls, cakes, cupcakes, pies, cobblers, pastries, and doughnuts.
- Salty snack foods, such as pretzels, party mix, popcorn, and potato chips.
Prior to the vote, Rep. Mark Pafford, D-West Palm Beach, offered three amendments, seeking to exclude sugar-free drinks, birthday cakes for minors and cakes for patriotic or religious holidays. The committee rejected two of the amendments and Pafford withdrew the third before a vote was taken.
Rep. Dana Young, R-Tampa, questioned language in Plakons bill as too vague, noting that the bill would prohibit using the debit car at any location that sells alcohol, which could be interpreted to include small mom-and-pop grocery stores or large groceries such as Publix and Winn-Dixie.
More importantly, she was concerned with government telling people what to eat, no matter how well intentioned the idea.
I think (Agriculture) Commissioner (Adam) Putnam has taken a great approach to this, which is to try to get fresh foods into our schools and I think the educational component is great, Young said.
But I dont want people to tell me what to eat and I dont think its right for us as legislators and the government to tell anyone what they can eat, even if they happen to be poor, even if they happen to be on food stamps, its just not our core mission.
Voting in opposition, Rep. Lori Berman, D-Delray Beach, said the bill micromanages down to sweet rolls, and questioned if there was a problem with how people spend food stamp money.
Id like to see the evidence that there is a real problem regarding this issue, Berman said.
Rep. Gwyndolen Clarke-Reed, D-Deerfield Beach, called the effort "inflammatory."
The government does not have the right to tell me what I can eat, where I can eat and even when I can eat it, Clarke-Reed said. I find this bill really in a way is discriminatory and its aimed at low-income families who are on food stamps.
Plakon said he filed the bill -- Sen. Ronda Storms, R-Braden, has filed the companion effort, SB 1658 -- following a report last summer by NBC2 in Fort Myers that claimed more than $200,000 public assistance dollars had been used at strip clubs, bingo parlors and liquor stores.
The state, which currently has no restrictions on the types of food that can be purchased under the food assistance program, would have to get a waiver for its prohibitions from the U.S. Department Agriculture, which oversees the Supplemental Nutrition Assistance Program.
The waiver may be a tough sell, as the government has never given a waiver before.
I think the fact that they havent is not a reason for us not to request it, Plakon said.
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.
