CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 2178
Amendment No.
CHAMBER ACTION
Senate House
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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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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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