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.