| 1 | A bill to be entitled |
| 2 | An act relating to automated teller machine transactions; |
| 3 | amending s. 655.966, F.S.; authorizing machine owners or |
| 4 | operators to impose access fees or surcharges for machine |
| 5 | use; providing fee or surcharge disclosure requirements; |
| 6 | providing certain agreement prohibitions relating to |
| 7 | machine access fees or surcharges; providing construction |
| 8 | relating to certain fee-free or surcharge-free network |
| 9 | agreements; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 655.966, Florida Statutes, is amended |
| 14 | to read: |
| 15 | 655.966 Automated teller machine; surcharge disclosure.-- |
| 16 | (1) The operator or owner of an automated teller machine |
| 17 | in this state may charge an access fee or surcharge to a |
| 18 | customer for the use of that machine. The fee or surcharge must |
| 19 | be disclosed in compliance with 12 C.F.R., part 205, as amended. |
| 20 | (2)(a) Subject to the requirements of subsection (1), an |
| 21 | agreement to operate or share an automated teller machine may |
| 22 | not prohibit, limit, or restrict the right of the operator or |
| 23 | owner of an automated teller machine, as defined in s. |
| 24 | 655.960(3), to may charge an access fee or surcharge, not |
| 25 | otherwise prohibited under state or federal law, to a customer |
| 26 | conducting a transaction using an account from a financial |
| 27 | institution, as defined in s. 655.005(1)(h), which is located |
| 28 | outside of the United States. |
| 29 | (b) Notwithstanding paragraph (a), nothing in this section |
| 30 | may be construed to prohibit or otherwise limit the ability of |
| 31 | an operator or owner of an automated teller machine to |
| 32 | voluntarily enter into an agreement regarding participation in |
| 33 | an access fee-free or surcharge-free network. |
| 34 | Section 2. This act shall take effect July 1, 2008. |