1

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

11

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

12

13

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

14

read:

15

     655.966 Automated teller machine; surcharge disclosure.--

16

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

17

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

18

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

19

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 not

22

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

23

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

24

may charge an access fee or surcharge, not otherwise prohibited

25

under state or federal law, to a customer conducting a

26

transaction using an account from an international banking

27

corporation as defined in s. 663.01(6) a financial institution,

28

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

29

United States.

30

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

31

prohibit or otherwise limit the ability of an operator or owner

32

of an automated teller machine to voluntarily enter into an

33

agreement regarding participation in an access fee-free or

34

surcharge-free network.

35

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