Senate Bill sb1814

    Florida Senate - 2003                                  SB 1814

    By Senator Clary





    4-1154A-03

  1                      A bill to be entitled

  2         An act relating to credit card transactions;

  3         amending s. 501.0117, F.S.; permitting the

  4         imposition of a surcharge or fee for a credit

  5         card transaction that occurs over the phone or

  6         the Internet; providing an effective date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Subsection (1) of section 501.0117, Florida

11  Statutes, is amended to read:

12         501.0117  Credit cards; transactions in which seller or

13  lessor prohibited from imposing surcharge; penalty.--

14         (1)  A seller or lessor in a sales or lease transaction

15  may not impose a surcharge on the buyer or lessee for electing

16  to use a credit card in lieu of payment by cash, check, or

17  similar means, if the seller or lessor accepts payment by

18  credit card.  A surcharge is any additional amount imposed at

19  the time of a sale or lease transaction by the seller or

20  lessor that increases the charge to the buyer or lessee for

21  the privilege of using a credit card to make payment.  Charges

22  imposed pursuant to approved state or federal tariffs are not

23  considered to be a surcharge, and charges made under such

24  tariffs are exempt from this section.  The term "credit card"

25  includes those cards for which unpaid balances are payable on

26  demand.  This section does not apply to the offering of a

27  discount for the purpose of inducing payment by cash, check,

28  or other means not involving the use of a credit card, if the

29  discount is offered to all prospective customers. This

30  subsection does not apply if the transaction is consummated

31  telephonically or over the Internet.

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






    Florida Senate - 2003                                  SB 1814
    4-1154A-03




  1         Section 2.  This act shall take effect July 1, 2003.

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  4                          SENATE SUMMARY

  5    Permitting the imposition of a surcharge or fee for a
      credit card transaction that occurs over the phone or the
  6    Internet.

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