| 1 | A bill to be entitled |
| 2 | An act relating to credit card surcharges; repealing |
| 3 | s. 501.0117, F.S., relating to the prohibition on the |
| 4 | imposition of credit card surcharges in sale or lease |
| 5 | transactions and the associated penalties for |
| 6 | violations; amending ss. 215.322 and 560.208, F.S.; |
| 7 | conforming provisions to changes made by the act; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 501.0117, Florida Statutes, is |
| 13 | repealed. |
| 14 | Section 2. Paragraph (b) of subsection (3) of section |
| 15 | 215.322, Florida Statutes, is amended to read: |
| 16 | 215.322 Acceptance of credit cards, charge cards, debit |
| 17 | cards, or electronic funds transfers by state agencies, units of |
| 18 | local government, and the judicial branch.- |
| 19 | (3) The Chief Financial Officer shall adopt rules |
| 20 | governing the establishment and acceptance of credit cards, |
| 21 | charge cards, debit cards, or electronic funds transfers by |
| 22 | state agencies or the judicial branch, including, but not |
| 23 | limited to, the following: |
| 24 | (b) Procedures that permit an agency or officer accepting |
| 25 | payment by credit card, charge card, debit card, or electronic |
| 26 | funds transfer to impose a convenience fee upon the person |
| 27 | making the payment. However, the total amount of such |
| 28 | convenience fees may not exceed the total cost to the state |
| 29 | agency. A convenience fee is not refundable to the payor. |
| 30 | However, this section does not permit the imposition of |
| 31 | surcharges on any other credit card purchase in violation of s. |
| 32 | 501.0117. |
| 33 | Section 3. Subsection (2) of section 560.208, Florida |
| 34 | Statutes, is amended to read: |
| 35 | 560.208 Conduct of business.-In addition to the |
| 36 | requirements specified in s. 560.1401, a licensee under this |
| 37 | part: |
| 38 | (2) Notwithstanding and without violating s. 501.0117, May |
| 39 | charge a different price for a money transmitter service based |
| 40 | on the mode of transmission used in the transaction as long as |
| 41 | the price charged for a service paid for with a credit card is |
| 42 | not more than the price charged when the service is paid for |
| 43 | with currency or other similar means accepted within the same |
| 44 | mode of transmission. |
| 45 | Section 4. This act shall take effect July 1, 2012. |