CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 2178
Amendment No. 1
CHAMBER ACTION
Senate House
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11 The Committee on Governmental Reform and Oversight recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 0, delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 215.322, Florida Statutes, 1996
19 Supplement, is amended to read:
20 215.322 Acceptance of credit cards, charge cards, or
21 debit cards by state agencies, units of local government, and
22 the judicial branch.--
23 (1) It is the intent of Legislature to encourage state
24 agencies, the judicial branch, and units of local government
25 to make their services more convenient to the public and to
26 reduce the administrative costs of government by acceptance of
27 payment by credit cards, charge cards, and debit cards to the
28 maximum extent possible.
29 (2)(1) A state agency as defined in s. 216.011, or the
30 judicial branch, may accept credit cards, charge cards, or
31 debit cards in payment for goods and services upon
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SENATE AMENDMENT
Bill No. SB 2178
Amendment No. 1
1 recommendation of the Office of Planning and Budgeting and
2 with the prior approval of the Treasurer.
3 (3)(2) The Treasurer shall adopt rules governing the
4 establishment and acceptance of credit cards, charge cards, or
5 debit cards by state agencies or the judicial branch,
6 including, but not limited to, the following:
7 (a) Utilization of a standardized contract between the
8 financial institution and the agency or judicial branch which
9 shall be developed by the Treasurer or approval by the
10 Treasurer of a substitute agreement.
11 (b) Procedures that permit an agency or officer
12 accepting payment by credit card, charge card, or debit card
13 to impose a convenience fee upon the person making the payment
14 when such convenience fee is authorized by federal law and the
15 operating rules of the company issuing the card. A convenience
16 fee is not refundable to the payor. 1. The types of revenue
17 or collections that may be subject to service fees or
18 surcharges by the financial institution, vending service
19 company, or credit card company. Only taxes, license fees,
20 tuition, and other statutorily prescribed revenues may be
21 subject to a service fee or surcharge. Notwithstanding the
22 foregoing, this section shall not be construed to permit
23 surcharges on any other credit card purchase in violation of
24 s. 501.0117.
25 2. The minimum public disclosure requirements to
26 persons who elect to pay taxes, license fees, tuition, and
27 other statutorily prescribed revenues by credit card which are
28 subject to a surcharge pursuant to this section. Any state
29 agency, unit of local government, or the judicial branch that
30 surcharges a person who pays by credit card shall be subject
31 to the minimum public disclosure requirements adopted by the
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SENATE AMENDMENT
Bill No. SB 2178
Amendment No. 1
1 Treasurer pursuant to this subparagraph.
2 (c) All service fees payable pursuant to this section
3 financial institutions when practicable shall be invoiced and
4 paid by state warrant or such other manner that is
5 satisfactory to the Comptroller in accordance with the time
6 periods specified in s. 215.422.
7 (d) Submission of information to the Treasurer
8 concerning the acceptance of credit cards, charge cards, or
9 debit cards by all state agencies or the judicial branch.
10 (4)(3) The Treasurer is authorized to establish
11 contracts with one or more financial institutions, or credit
12 card companies, or other entities that may lawfully provide
13 such services, in a manner consistent with chapter 287, for
14 processing credit card, charge card, or debit card collections
15 for deposit into the State Treasury or another qualified
16 public depository. Any state agency, or the judicial branch,
17 which accepts payment by credit card, charge card, or debit
18 card shall use at least one of the contractors established by
19 the Treasurer unless the state agency or judicial branch
20 obtains authorization from the Treasurer to use another
21 contractor which is more financially advantageous to such
22 state agency or the judicial branch. Such contracts may
23 authorize a unit of local government to use the services upon
24 the same terms and conditions for deposit of credit card,
25 charge card, or debit card transactions into its qualified
26 public depositories.
27 (5)(4) A unit of local government, which term means a
28 municipality, special district, or board of county
29 commissioners or other governing body of a county, however
30 styled, including that of a consolidated or metropolitan
31 government, and means any clerk of the circuit court, sheriff,
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SENATE AMENDMENT
Bill No. SB 2178
Amendment No. 1
1 property appraiser, tax collector, or supervisor of elections,
2 is authorized to accept payment by use of credit cards, charge
3 cards, and bank debit cards for financial obligations that are
4 owing to such unit of local government and to impose a
5 convenience fee to surcharge the person who uses a credit
6 card, charge card, or bank debit card in payment of taxes,
7 license fees, tuition, fines, civil penalties, court-ordered
8 payments, or court costs, or other statutorily prescribed
9 revenues an amount sufficient to pay the service fee charges
10 by the financial institution, vending service company, or
11 credit card company for such services. A unit of local
12 government shall verify both the validity of any credit card,
13 charge card, or bank debit card used pursuant to this
14 subsection and the existence of appropriate credit with
15 respect to the person using the card. The unit of local
16 government does not incur any liability as a result of such
17 verification or any subsequent action taken.
18 (6)(5) Credit card account numbers in the possession
19 of a state agency, a unit of local government, or the judicial
20 branch are confidential and exempt from the provisions of s.
21 119.07(1).
22 (7) Any action required to be performed by a state
23 officer or agency pursuant to this section shall be performed
24 within 10 working days or be deemed approved if not acted upon
25 within that time.
26 (8) Nothing contained in this section shall be
27 construed to prohibit a state agency or the judicial branch
28 from continuing to accept charge cards or debit cards pursuant
29 to a contract that was lawfully entered into before the
30 effective date of this act unless specifically directed
31 otherwise in the General Appropriations Act. However, such
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SENATE AMENDMENT
Bill No. SB 2178
Amendment No. 1
1 contract shall not be extended or renewed after the effective
2 date of this act unless such renewal and extension conform to
3 the requirements of this section.
4 Section 2. This act shall take effect upon becoming a
5 law.
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8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 Delete everything before the enacting clause
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12 and insert:
13 A bill to be entitled
14 An act relating to state financial matters;
15 amending s. 215.322, F.S.; authorizing state
16 agencies and the judicial branch to accept
17 debit cards in payment for certain goods and
18 services; providing duties of the Treasurer;
19 providing an effective date.
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