CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 2178

    Amendment No.    

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11  Senator Turner moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 0, delete everything after the enacting clause

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16  and insert:

17         Section 1.  Section 215.322, Florida Statutes, 1996

18  Supplement, is amended to read:

19         215.322  Acceptance of credit cards, charge cards, or

20  debit cards by state agencies, units of local government, and

21  the judicial branch.--

22         (1)  It is the intent of Legislature to encourage state

23  agencies, the judicial branch, and units of local government

24  to make their services more convenient to the public and to

25  reduce the administrative costs of government by acceptance of

26  payment by credit cards, charge cards, and debit cards to the

27  maximum extent possible.

28         (2)(1)  A state agency as defined in s. 216.011, or the

29  judicial branch, may accept credit cards, charge cards, or

30  debit cards in payment for goods and services upon

31  recommendation of the Office of Planning and Budgeting and

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                                                  SENATE AMENDMENT

    Bill No. SB 2178

    Amendment No.    





  1  with the prior approval of the Treasurer.

  2         (3)(2)  The Treasurer shall adopt rules governing the

  3  establishment and acceptance of credit cards, charge cards, or

  4  debit cards by state agencies or the judicial branch,

  5  including, but not limited to, the following:

  6         (a)  Utilization of a standardized contract between the

  7  financial institution and the agency or judicial branch which

  8  shall be developed by the Treasurer or approval by the

  9  Treasurer of a substitute agreement.

10         (b)  Procedures that permit an agency or officer

11  accepting payment by credit card, charge card, or debit card

12  to impose a convenience fee upon the person making the payment

13  when such convenience fee is authorized by federal law and the

14  operating rules of the company issuing the card. A convenience

15  fee is not refundable to the payor. 1.  The types of revenue

16  or collections that may be subject to service fees or

17  surcharges by the financial institution, vending service

18  company, or credit card company.  Only taxes, license fees,

19  tuition, and other statutorily prescribed revenues may be

20  subject to a service fee or surcharge. Notwithstanding the

21  foregoing, this section shall not be construed to permit

22  surcharges on any other credit card purchase in violation of

23  s. 501.0117.

24         2.  The minimum public disclosure requirements to

25  persons who elect to pay taxes, license fees, tuition, and

26  other statutorily prescribed revenues by credit card which are

27  subject to a surcharge pursuant to this section.  Any state

28  agency, unit of local government, or the judicial branch that

29  surcharges a person who pays by credit card shall be subject

30  to the minimum public disclosure requirements adopted by the

31  Treasurer pursuant to this subparagraph.

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                                                  SENATE AMENDMENT

    Bill No. SB 2178

    Amendment No.    





  1         (c)  All service fees payable pursuant to this section

  2  financial institutions when practicable shall be invoiced and

  3  paid by state warrant or such other manner that is

  4  satisfactory to the Comptroller in accordance with the time

  5  periods specified in s. 215.422.

  6         (d)  Submission of information to the Treasurer

  7  concerning the acceptance of credit cards, charge cards, or

  8  debit cards by all state agencies or the judicial branch.

  9         (4)(3)  The Treasurer is authorized to establish

10  contracts with one or more financial institutions, or credit

11  card companies, or other entities that may lawfully provide

12  such services, in a manner consistent with chapter 287, for

13  processing credit card, charge card, or debit card collections

14  for deposit into the State Treasury or another qualified

15  public depository.  Any state agency, or the judicial branch,

16  which accepts payment by credit card, charge card, or debit

17  card shall use at least one of the contractors established by

18  the Treasurer unless the state agency or judicial branch

19  obtains authorization from the Treasurer to use another

20  contractor which is more financially advantageous to such

21  state agency or the judicial branch.  Such contracts may

22  authorize a unit of local government to use the services upon

23  the same terms and conditions for deposit of credit card,

24  charge card, or debit card transactions into its qualified

25  public depositories.

26         (5)(4)  A unit of local government, which term means a

27  municipality, special district, or board of county

28  commissioners or other governing body of a county, however

29  styled, including that of a consolidated or metropolitan

30  government, and means any clerk of the circuit court, sheriff,

31  property appraiser, tax collector, or supervisor of elections,

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                                                  SENATE AMENDMENT

    Bill No. SB 2178

    Amendment No.    





  1  is authorized to accept payment by use of credit cards, charge

  2  cards, and bank debit cards for financial obligations that are

  3  owing to such unit of local government and to impose a

  4  convenience fee to surcharge the person who uses a credit

  5  card, charge card, or bank debit card in payment of taxes,

  6  license fees, tuition, fines, civil penalties, court-ordered

  7  payments, or court costs, or other statutorily prescribed

  8  revenues an amount sufficient to pay the service fee charges

  9  by the financial institution, vending service company, or

10  credit card company for such services.  A unit of local

11  government shall verify both the validity of any credit card,

12  charge card, or bank debit card used pursuant to this

13  subsection and the existence of appropriate credit with

14  respect to the person using the card.  The unit of local

15  government does not incur any liability as a result of such

16  verification or any subsequent action taken.

17         (6)(5)  Credit card account numbers in the possession

18  of a state agency, a unit of local government, or the judicial

19  branch are confidential and exempt from the provisions of s.

20  119.07(1).

21         (7)  Any action required to be performed by a state

22  officer or agency pursuant to this section shall be performed

23  within 10 working days or be deemed approved if not acted upon

24  within that time.

25         (8)  Nothing contained in this section shall be

26  construed to prohibit a state agency or the judicial branch

27  from continuing to accept charge cards or debit cards pursuant

28  to a contract that was lawfully entered into before the

29  effective date of this act unless specifically directed

30  otherwise in the General Appropriations Act. However, such

31  contract shall not be extended or renewed after the effective

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                                                  SENATE AMENDMENT

    Bill No. SB 2178

    Amendment No.    





  1  date of this act unless such renewal and extension conform to

  2  the requirements of this section.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

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  7  ================ T I T L E   A M E N D M E N T ===============

  8  And the title is amended as follows:

  9         Delete everything before the enacting clause

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11  and insert:

12                  A bill to be entitled

13         An act relating to state financial matters;

14         amending s. 215.322, F.S.; authorizing state

15         agencies and the judicial branch to accept

16         debit cards in payment for certain goods and

17         services; providing duties of the Treasurer;

18         providing an effective date.

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