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A bill to be entitled

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An act relating to automated teller machine transactions;

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amending s. 655.966, F.S.; authorizing machine owners or

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operators to impose access fees or surcharges for machine

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use; providing fee or surcharge disclosure requirements;

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providing certain agreement prohibitions relating to

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machine access fees or surcharges; providing construction

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relating to certain fee-free or surcharge-free network

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agreements; providing an effective date.

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

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     Section 1.  Section 655.966, Florida Statutes, is amended to

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read:

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     655.966 Automated teller machine; surcharge disclosure.--

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     (1) The operator or owner of an automated teller machine in

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this state may charge an access fee or surcharge to a customer

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for the use of that machine. The fee or surcharge must be

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disclosed in compliance with 12 C.F.R., part 205, as amended.

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

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agreement to operate or share an automated teller machine may not

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prohibit, limit, or restrict the right of the operator or owner

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of an automated teller machine, as defined in s. 655.960(3), to

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may charge an access fee or surcharge, not otherwise prohibited

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under state or federal law, to a customer conducting a

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transaction using an account from a financial institution, as

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defined in s. 655.005(1)(h), which is located outside of the

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United States.

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     (b) Notwithstanding paragraph (a), this section does not

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prohibit or otherwise limit the ability of an operator or owner

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of an automated teller machine to voluntarily enter into an

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agreement regarding participation in an access fee-free or

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surcharge-free network.

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     Section 2.  This act shall take effect July 1, 2008.