Florida Senate - 2024                              CS for SB 106
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; and Senator Jones
       
       
       
       
       601-02199-24                                           2024106c1
    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; authorizing a business to
    6         satisfy such requirements by placing a cash-to-card
    7         kiosk at the business location for customers to make
    8         payments; prohibiting such businesses from charging a
    9         fee or placing conditions on acceptance of such cash
   10         payments; providing applicability; providing penalties
   11         for violations of the act; requiring the Department of
   12         Agriculture and Consumer Services to adopt certain
   13         rules; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 559.96, Florida Statutes, is created to
   18  read:
   19         559.96Acceptance of cash payments by businesses.—
   20         (1)As used in this section, the term:
   21         (a)“Business” means any business operating at a fixed,
   22  permanent physical premises; from a vehicle or other mobile
   23  space; or from a temporary physical premises.
   24         (b)“Cash” means legal tender of the United States in the
   25  form of coins or currency.
   26         (c)“Department” means the Department of Agriculture and
   27  Consumer Services.
   28         (2)(a)A business must accept an offer of payment in cash
   29  for any transaction involving the purchase of any tangible good
   30  or any service if, in connection with such transaction, the
   31  business would accept one or more other forms of payment and the
   32  customer seeking to engage in such transaction is physically
   33  present at the place of business.
   34         (b) A business may satisfy the requirement in paragraph (a)
   35  by having available on site a cash-to-card kiosk into which a
   36  customer deposits cash and is given a debit card loaded with the
   37  amount he or she deposited. The customer may use the debit card
   38  to complete a transaction at the place of business.
   39         (c)A business may not charge a fee or place any other
   40  condition on its acceptance of cash as required by paragraph
   41  (a).
   42         (3)This section does not apply to:
   43         (a)Sales that are not conducted in person, including
   44  telephone, mail, and Internet-based or other electronic
   45  transactions.
   46         (b)A parking facility owned by a municipality, regardless
   47  of who operates the facility.
   48         (c) A parking facility and commercial ground transportation
   49  operations owned or operated by an airport or a seaport.
   50         (d)A parking facility that accepts electronic funds
   51  transfers.
   52         (e)A business providing services by accountants,
   53  architects, attorneys, engineers, financial advisers, insurance
   54  agents, interior designers, software developers, or management
   55  and other consultants, not including services provided by
   56  licensed medical or allied health care practitioners.
   57         (f)Sales in which the business suspects the use of
   58  counterfeit cash.
   59         (g)The use of cash denominations larger than $20 by a
   60  customer.
   61         (h)Single transactions above $5,000.
   62         (i) Secondary metals recyclers, as defined in s. 538.18.
   63         (j) Continuous service or membership contract agreements.
   64         (4)A business that violates this section is subject to a
   65  civil penalty of up to $2,500 for a first offense, up to $5,000
   66  for a second offense, and up to $10,000 for a third or
   67  subsequent offense, to be assessed by the department.
   68         (5)The department shall adopt rules necessary to implement
   69  this section.
   70         Section 2. This act shall take effect July 1, 2024.