Senate Bill sb0744c1

    Florida Senate - 2007                            CS for SB 744

    By the Committee on Banking and Insurance; and Senator
    Alexander




    597-2329-07

  1                      A bill to be entitled

  2         An act relating to automated teller machine

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

  4         authorizing machine owners or operators to

  5         impose access fees or surcharges for machine

  6         use; providing fee or surcharge disclosure

  7         requirements; providing certain agreement

  8         prohibitions relating to machine access fees or

  9         surcharges; providing for construction relating

10         to 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 charge an access fee or surcharge to

21  a customer for the use of that machine. The fee or surcharge

22  must be disclosed in compliance with 12 C.F.R., part 205, as

23  amended.

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

25  an agreement to operate or share an automated teller machine

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

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

28  655.960(3), to may charge an access fee or surcharge, not

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

30  conducting a transaction using an account from a financial

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






    Florida Senate - 2007                            CS for SB 744
    597-2329-07




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

 2  outside of the United States.

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

 4  section shall be construed to prohibit or otherwise limit the

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

 6  to voluntarily enter into an agreement regarding participation

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

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

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10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 744

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13  The committee substitute revises fee and surcharge disclosure
    requirements for ATM's to be consistent with federal
14  regulatory requirements.

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