Florida Senate - 2022 SB 408 By Senator Jones 35-00547A-22 2022408__ 1 A bill to be entitled 2 An act relating to acceptance of cash payments by 3 businesses; creating s. 559.96, F.S.; defining terms; 4 requiring certain businesses to accept cash payments 5 for certain transactions; prohibiting such businesses 6 from charging a fee or placing conditions on 7 acceptance of such cash payments; providing 8 applicability; providing penalties for violations of 9 the act; requiring the Department of Agriculture and 10 Consumer Services to adopt certain rules; providing an 11 effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 559.96, Florida Statutes, is created to 16 read: 17 559.96 Acceptance of cash payments by businesses.— 18 (1) As used in this section, the term: 19 (a) “Business” means any business operating at a fixed, 20 permanent physical premises; from a vehicle or other mobile 21 space; or from a temporary physical premises. 22 (b) “Cash” means legal tender of the United States in the 23 form of coins or currency. 24 (c) “Department” means the Department of Agriculture and 25 Consumer Services. 26 (2)(a) A business must accept an offer of payment in cash 27 for any transaction involving the purchase of any tangible good 28 or any service if, in connection with such transaction, the 29 business would accept one or more other forms of payment and the 30 customer seeking to engage in such transaction is physically 31 present at the place of business. 32 (b) A business may not charge a fee or place any other 33 condition on its acceptance of cash as required by paragraph 34 (a). 35 (3) This section does not apply to: 36 (a) Sales that are not conducted in person, including 37 telephone, mail, and Internet-based transactions, or other 38 electronic transactions. 39 (b) A parking facility owned by a municipality, regardless 40 of who operates the facility. 41 (c) A parking facility that accepts electronic funds 42 transfer. 43 (d) A business providing services by accountants, 44 architects, attorneys, engineers, financial advisers, insurance 45 agents, interior designers, software developers, or management 46 and other consultants, not including services provided by 47 licensed medical or allied health care practitioners. 48 (e) Sales in which the business suspects the use of 49 counterfeit cash. 50 (f) The use of cash denominations larger than $20 by a 51 customer. 52 (g) Single transactions above $5,000. 53 (4) A business that violates this section is subject to a 54 civil penalty of up to $2,500 for a first offense, up to $5,000 55 for a second offense, and up to $10,000 for a third or 56 subsequent offense, to be assessed by the department. 57 (5) The department shall adopt rules necessary to implement 58 this section. 59 Section 2. This act shall take effect July 1, 2022.