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The Florida Senate

2009 Florida Statutes

SECTION 0117
Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty.
Section 501.0117, Florida Statutes 2009

501.0117  Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty.--

(1)  A seller or lessor in a sales or lease transaction may not impose a surcharge on the buyer or lessee for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller or lessor accepts payment by credit card. A surcharge is any additional amount imposed at the time of a sale or lease transaction by the seller or lessor that increases the charge to the buyer or lessee for the privilege of using a credit card to make payment. Charges imposed pursuant to approved state or federal tariffs are not considered to be a surcharge, and charges made under such tariffs are exempt from this section. The term "credit card" includes those cards for which unpaid balances are payable on demand. This section does not apply to the offering of a discount for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, if the discount is offered to all prospective customers.

(2)  A person who violates the provisions of subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083

History.--ss. 1, 2, ch. 87-43.