Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 564
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Hutson) recommended the following:
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 93 - 117
    4  and insert:
    5         (3) This section does not create liability for a payment
    6  card network regarding the accuracy of the tax data reported by
    7  the merchant.
    8         (4)Except as provided in subsection (2), an issuer, a
    9  payment card network, an acquirer bank, or a processor may not
   10  receive or charge the merchant any interchange fees on the tax
   11  amount of an electronic payment transaction if the merchant
   12  informs the acquirer bank or its designee of such tax amount as
   13  part of the authorization or settlement process for the
   14  electronic payment transaction. A merchant must transmit the tax
   15  amount data as part of the authorization or settlement process
   16  to avoid being charged interchange fees on the tax amount of an
   17  electronic payment transaction.
   18         (5)A merchant that does not transmit the tax amount data
   19  in accordance with subsection (4) may submit tax documentation
   20  for the electronic payment transaction to the acquirer bank or
   21  its designee no later than 180 days after the date of the
   22  electronic payment transaction, and within 30 days, the issuer
   23  must credit to the merchant the amount of interchange fees
   24  charged on the tax amount of the electronic payment transaction.
   25         (6)An issuer, a payment card network, an acquirer bank, a
   26  processor, or other designated entity that has received the tax
   27  amount data and violates this section is subject to a civil
   28  penalty of $1,000 per electronic payment transaction, and the
   29  issuer must refund the merchant the interchange fee calculated
   30  on the tax amount relative to the electronic payment
   31  transaction.
   32         (7) An entity, other than the merchant, involved in
   33  facilitating or processing an electronic payment transaction,
   34  including, but not limited to, an issuer, a payment card
   35  network, an acquirer bank, a processor, or other designated
   36  entity, may not distribute, exchange, transfer, disseminate, or
   37  use the electronic payment transaction data except to facilitate
   38  or process the electronic payment transaction or as required by
   39  law. A violation of this subsection constitutes a violation of
   40  the Florida Deceptive and Unfair Trade Practices Act under part
   41  II of this chapter. Notwithstanding s. 501.211, a violation of
   42  this subsection must be enforced only by the enforcing authority
   43  as defined in s. 501.203(2) and subjects the violator to the
   44  sanctions and penalties provided for in part II of this chapter.
   45  If such action is successful, the enforcing authority is
   46  entitled to reasonable attorney fees and costs.
   47         Section 2. The Office of Economic and Demographic Research
   48  (EDR) shall submit a report to the President of the Senate and
   49  the Speaker of the House of Representatives by January 9, 2024,
   50  containing findings of any policy options related to the
   51  implementation of prohibiting interchange fees on taxes. The
   52  report must address the impacts of the legislation, including,
   53  but not limited to, technological, financial, and economic
   54  impacts on merchants, processors, payment card networks,
   55  acquiring banks, and issuers. EDR may contract with a public or
   56  private institution of higher learning or a nationally
   57  recognized organization or entity with experience in performing
   58  this type of evaluation for the sole purpose of developing some
   59  or all of the underlying analysis and findings to be included in
   60  the report.
   61         Section 3. Except as otherwise expressly provided in this
   62  act, this act shall take effect upon becoming a law.
   64  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   65  And the directory clause is amended as follows:
   66         Delete line 17
   67  and insert:
   68         Section 1. Effective October 1, 2024, section 501.0119,
   69  Florida Statutes, is created
   71  ================= T I T L E  A M E N D M E N T ================
   72  And the title is amended as follows:
   73         Delete line 13
   74  and insert:
   75         prohibiting specified actions relating to electronic
   76         payment transaction data by certain entities;
   77         specifying penalties and the enforcing authority for
   78         such violations; authorizing the enforcing authority
   79         to recover reasonable attorney fees and costs;
   80         providing construction; requiring the Office of
   81         Economic and Demographic Research (EDR) to submit a
   82         certain report to the Legislature by a specified date;
   83         authorizing EDR to contract with certain entities for
   84         a specified purpose; providing effective dates.