Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 564
       
       
       
       
       
       
                                Ì648060ÄÎ648060                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2023           .                                
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       The Committee on Commerce and Tourism (Hutson) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 26 - 105
    4  and insert:
    5         (b) “Authorization” means the process through which a
    6  merchant requests approval for an electronic payment transaction
    7  from the issuer.
    8         (c) “Clearance” means the process of transmitting final
    9  transaction data from a merchant to an issuer for posting to the
   10  cardholder’s account and the calculation of fees and charges,
   11  including interchange fees, which apply to the issuer and
   12  merchant.
   13         (d) “Credit card” means a card, plate, coupon book, or
   14  other credit device existing for the purpose of obtaining money,
   15  property, labor, or services on credit.
   16         (e) “Debit card”:
   17         1. Means a card, or other payment code or device, issued or
   18  approved for use through a payment card network to debit an
   19  asset account, regardless of the purpose for which the account
   20  is established, whether authorization is based on a signature, a
   21  personal identification number, or other means;
   22         2. Includes a general-use prepaid card, as defined in 15
   23  U.S.C. s. 1693l-1; and
   24         3. Excludes paper checks.
   25         (f) “Electronic payment transaction” means a transaction in
   26  which a person uses a debit card, credit card, or other payment
   27  code or device issued or approved through a payment card network
   28  to debit a deposit account or use a line of credit, whether
   29  authorization is based on a signature, a personal identification
   30  number, or other means.
   31         (g) “Interchange fee” means a fee established, charged, or
   32  received by a payment card network for the purpose of
   33  compensating the issuer for its involvement in an electronic
   34  payment transaction.
   35         (h) “Issuer” means a person issuing a debit card or credit
   36  card or the issuer’s agent.
   37         (i) “Merchant” has the same meaning as the term “dealer” in
   38  s. 212.06(2).
   39         (j) “Payment card network” means an entity:
   40         1. That directly or through licensed members, processors,
   41  or agents provides the proprietary services, infrastructure, and
   42  software that route information and data to conduct electronic
   43  payment transaction authorization, clearance, and settlement;
   44  and
   45         2. That a merchant uses to accept as a form of payment a
   46  brand of debit card, credit card, or other device that may be
   47  used to carry out electronic payment transactions.
   48         (k) “Processor” means an entity that facilitates, services,
   49  processes, or manages the debit or credit authorization,
   50  billing, transfer, payment procedures, or settlement with
   51  respect to any electronic payment transaction.
   52         (l) “Settlement” means the process of transmitting sales
   53  information to the issuing bank for collection and reimbursement
   54  of funds to the merchant and calculating and reporting the net
   55  transaction amount to the issuer and merchant for an electronic
   56  payment transaction that is cleared.
   57         (m) “Tax” means all taxes and fees levied under chapter 212
   58  and s. 125.0104.
   59         (n) “Tax documentation” means documentation sufficient for
   60  the payment card network to determine the total amount of the
   61  electronic payment transaction and the tax amount of such
   62  transaction. Tax documentation may be related to a single
   63  electronic payment transaction or multiple electronic payment
   64  transactions aggregated over a period of time. Examples of tax
   65  documentation include, but are not limited to, invoices,
   66  receipts, journals, ledgers, and tax returns filed with the
   67  Department of Revenue or local taxing authorities.
   68         (2) This section does not apply to an electronic payment
   69  transaction in which the tax amount is not separately stated on
   70  the consumer’s payment invoice, sales slip, or other evidence of
   71  sale as required under s. 212.07(2).
   72         (3) Except as provided in subsection (2), an issuer, a
   73  payment card network, an acquirer bank, or a processor may not
   74  receive or charge the merchant any interchange fees on the tax
   75  amount of an electronic payment transaction if the merchant
   76  informs the acquirer bank or its designee of such tax amount as
   77  part of the authorization process for the electronic payment
   78  transaction. A merchant must transmit the tax amount data as
   79  part of the authorization process to avoid being charged
   80  interchange fees on the tax amount of an electronic payment
   81  transaction.
   82         (4) A merchant that does not transmit the tax amount data
   83  in accordance with subsection (3) may submit tax documentation
   84  for the electronic payment transaction to the acquirer bank or
   85  its designee no later than 180 days