Senate Bill sb0744e1
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CS for SB 744 First Engrossed
1 A bill to be entitled
2 An act relating to cash transactions; amending
3 s. 551.121, F.S.; prohibiting a slot machine
4 licensee from allowing automatic teller
5 machines to be located in certain areas of a
6 pari-mutuel facility; prohibiting a slot
7 machine licensee from accepting or cashing
8 checks in the designated slot machine gaming
9 areas; amending s. 655.966, F.S.; authorizing
10 machine owners or operators to impose access
11 fees or surcharges for machine use; providing
12 fee or surcharge disclosure requirements;
13 providing certain agreement prohibitions
14 relating to machine access fees or surcharges;
15 providing for construction relating to certain
16 fee-free or surcharge-free network agreements;
17 providing an effective date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Subsections (3) and (4) of section 551.121,
22 Florida Statutes, are amended to read:
23 551.121 Prohibited activities and devices.--
24 (3) A slot machine licensee may not allow any
25 automated teller machine or similar device designed to provide
26 credit or dispense cash to be located within the designated
27 slot machine gaming areas of a facility of a facilities of the
28 slot machine licensee.
29 (4) A slot machine licensee may not accept or cash any
30 personal, third-party, corporate, business, or
31 government-issued check from any person within the designated
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CODING: Words stricken are deletions; words underlined are additions.
CS for SB 744 First Engrossed
1 slot machine gaming areas of a facility of a slot machine
2 licensee.
3 Section 2. Section 655.966, Florida Statutes, is
4 amended to read:
5 655.966 Automated teller machine; surcharge
6 disclosure.--
7 (1) The operator or owner of an automated teller
8 machine in this state may charge an access fee or surcharge to
9 a customer for the use of that machine. The fee or surcharge
10 must be disclosed in compliance with 12 C.F.R., part 205, as
11 amended.
12 (2)(a) Subject to the requirements of subsection (1),
13 an agreement to operate or share an automated teller machine
14 may not prohibit, limit, or restrict the right of the operator
15 or owner of an automated teller machine, as defined in s.
16 655.960(3), to may charge an access fee or surcharge, not
17 otherwise prohibited under state or federal law, to a customer
18 conducting a transaction using an account from a financial
19 institution, as defined in s. 655.005(1)(h), which is located
20 outside of the United States.
21 (b) Notwithstanding paragraph (a), nothing in this
22 section shall be construed to prohibit or otherwise limit the
23 ability of an operator or owner of an automated teller machine
24 to voluntarily enter into an agreement regarding participation
25 in an access fee-free or surcharge-free network.
26 Section 3. This act shall take effect July 1, 2007.
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CODING: Words stricken are deletions; words underlined are additions.