CS/HB 187

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; revising application to certain corporations;
6	providing fee or surcharge disclosure requirements;
7	providing certain agreement prohibitions relating to
8	machine access fees or surcharges; providing construction
9	relating to certain fee-free or surcharge-free network
10	agreements; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 655.966, Florida Statutes, is amended
15	to read:
16	655.966  Automated teller machine; surcharge disclosure.--
17	(1)  The operator or owner of an automated teller machine
18	in this state may charge an access fee or surcharge to a
19	customer for the use of that machine. The fee or surcharge must
20	be disclosed in compliance with 12 C.F.R., part 205, as amended.
21	(2)(a)  Subject to the requirements of subsection (1), an
22	agreement to operate or share an automated teller machine may
23	not prohibit, limit, or restrict the right of the operator or
24	owner of an automated teller machine, as defined in s.
25	655.960(3), to may charge an access fee or surcharge, not
26	otherwise prohibited under state or federal law, to a customer
27	conducting a transaction using an account from an international
28	banking corporation a financial institution, as defined in s.
29	663.01 s. 655.005(1)(h), which is located outside of the United
30	States.
31	(b)  Notwithstanding paragraph (a), nothing in this section
32	may be construed to prohibit or otherwise limit the ability of
33	an operator or owner of an automated teller machine to
34	voluntarily enter into an agreement regarding participation in
35	an access fee-free or surcharge-free network.
36	Section 2.  This act shall take effect July 1, 2008.

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