Senate Bill sb0744

    Florida Senate - 2007                                   SB 744

    By Senator Alexander





    17-815-07                                           See HB 249

  1                      A bill to be entitled

  2         An act relating to automated teller machine

  3         transactions; amending s. 655.966, F.S.;

  4         prohibiting machine owners or operators from

  5         imposing certain fees or surcharges without

  6         disclosing the fee or surcharge to the

  7         customer; providing certain agreement

  8         prohibitions relating to machine access fees or

  9         surcharges; providing construction relating to

10         certain fee-free or surcharge-free network

11         agreements; providing an effective date.

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

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15         Section 1.  Section 655.966, Florida Statutes, is

16  amended to read:

17         655.966  Automated teller machine; surcharge

18  disclosure.--

19         (1)  The operator or owner of an automated teller

20  machine in this state may not charge any access fee or

21  surcharge upon a customer for the usage of that machine

22  regardless of whether the customer is using an access device

23  issued by that operator or owner unless that fee or surcharge

24  is clearly disclosed to the customer electronically on the

25  automated teller machine. Unless the disclosure is made prior

26  to the customer's being obligated to pay the fee or surcharge,

27  the customer shall be provided an opportunity to cancel that

28  transaction without incurring any access fee or surcharge.

29         (2)(a)  Subject to the requirements of subsection (1),

30  an agreement to operate or share an automated teller machine

31  may not prohibit, limit, or restrict the right of the operator

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






    Florida Senate - 2007                                   SB 744
    17-815-07                                           See HB 249




 1  or owner of an automated teller machine, as defined in s.

 2  655.960(3), to may charge an access fee or surcharge, not

 3  otherwise prohibited under state or federal law, to a customer

 4  conducting a transaction using an account from a financial

 5  institution, as defined in s. 655.005(1)(h), which is located

 6  outside of the United States.

 7         (b)  Notwithstanding paragraph (a), nothing in this

 8  section shall be construed to prohibit or otherwise limit the

 9  ability of an operator or owner of an automated teller machine

10  to voluntarily enter into an agreement regarding participation

11  in an access fee-free or surcharge-free network.

12         Section 2.  This act shall take effect July 1, 2007.

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