| 1 | A bill to be entitled |
| 2 | An act relating to automated teller machine transactions; |
| 3 | amending s. 655.966, F.S.; prohibiting machine owners or |
| 4 | operators from imposing certain fees or surcharges without |
| 5 | disclosing the fee or surcharge to the customer; providing |
| 6 | certain agreement prohibitions relating to machine access |
| 7 | fees or surcharges; providing construction relating to |
| 8 | certain fee-free or surcharge-free network agreements; |
| 9 | providing an effective date. |
| 10 |
|
| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
|
| 13 | Section 1. Section 655.966, Florida Statutes, is amended |
| 14 | to read: |
| 15 | 655.966 Automated teller machine; surcharge disclosure.-- |
| 16 | (1) The operator or owner of an automated teller machine |
| 17 | in this state may not charge any access fee or surcharge upon a |
| 18 | customer for the usage of that machine regardless of whether the |
| 19 | customer is using an access device issued by that operator or |
| 20 | owner unless that fee or surcharge is clearly disclosed to the |
| 21 | customer electronically on the automated teller machine. Unless |
| 22 | the disclosure is made prior to the customer's being obligated |
| 23 | to pay the fee or surcharge, the customer shall be provided an |
| 24 | opportunity to cancel that transaction without incurring any |
| 25 | access fee or surcharge. |
| 26 | (2)(a) Subject to the requirements of subsection (1), an |
| 27 | agreement to operate or share an automated teller machine may |
| 28 | not prohibit, limit, or restrict the right of the operator or |
| 29 | owner of an automated teller machine, as defined in s. |
| 30 | 655.960(3), to may charge an access fee or surcharge, not |
| 31 | otherwise prohibited under state or federal law, to a customer |
| 32 | conducting a transaction using an account from a financial |
| 33 | institution, as defined in s. 655.005(1)(h), which is located |
| 34 | outside of the United States. |
| 35 | (b) Notwithstanding paragraph (a), nothing in this section |
| 36 | shall be construed to prohibit or otherwise limit the ability of |
| 37 | an operator or owner of an automated teller machine to |
| 38 | voluntarily enter into an agreement regarding participation in |
| 39 | an access fee-free or surcharge-free network. |
| 40 | Section 2. This act shall take effect July 1, 2007. |