Florida Senate - 2024 CS for SB 106 By the Appropriations Committee on Agriculture, Environment, and General Government; and Senator Jones 601-02199-24 2024106c1 1 A bill to be entitled 2 An act relating to acceptance of cash payments by 3 businesses; creating s. 559.96, F.S.; defining terms; 4 requiring certain businesses to accept cash payments 5 for certain transactions; authorizing a business to 6 satisfy such requirements by placing a cash-to-card 7 kiosk at the business location for customers to make 8 payments; prohibiting such businesses from charging a 9 fee or placing conditions on acceptance of such cash 10 payments; providing applicability; providing penalties 11 for violations of the act; requiring the Department of 12 Agriculture and Consumer Services to adopt certain 13 rules; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 559.96, Florida Statutes, is created to 18 read: 19 559.96 Acceptance of cash payments by businesses.— 20 (1) As used in this section, the term: 21 (a) “Business” means any business operating at a fixed, 22 permanent physical premises; from a vehicle or other mobile 23 space; or from a temporary physical premises. 24 (b) “Cash” means legal tender of the United States in the 25 form of coins or currency. 26 (c) “Department” means the Department of Agriculture and 27 Consumer Services. 28 (2)(a) A business must accept an offer of payment in cash 29 for any transaction involving the purchase of any tangible good 30 or any service if, in connection with such transaction, the 31 business would accept one or more other forms of payment and the 32 customer seeking to engage in such transaction is physically 33 present at the place of business. 34 (b) A business may satisfy the requirement in paragraph (a) 35 by having available on site a cash-to-card kiosk into which a 36 customer deposits cash and is given a debit card loaded with the 37 amount he or she deposited. The customer may use the debit card 38 to complete a transaction at the place of business. 39 (c) A business may not charge a fee or place any other 40 condition on its acceptance of cash as required by paragraph 41 (a). 42 (3) This section does not apply to: 43 (a) Sales that are not conducted in person, including 44 telephone, mail, and Internet-based or other electronic 45 transactions. 46 (b) A parking facility owned by a municipality, regardless 47 of who operates the facility. 48 (c) A parking facility and commercial ground transportation 49 operations owned or operated by an airport or a seaport. 50 (d) A parking facility that accepts electronic funds 51 transfers. 52 (e) A business providing services by accountants, 53 architects, attorneys, engineers, financial advisers, insurance 54 agents, interior designers, software developers, or management 55 and other consultants, not including services provided by 56 licensed medical or allied health care practitioners. 57 (f) Sales in which the business suspects the use of 58 counterfeit cash. 59 (g) The use of cash denominations larger than $20 by a 60 customer. 61 (h) Single transactions above $5,000. 62 (i) Secondary metals recyclers, as defined in s. 538.18. 63 (j) Continuous service or membership contract agreements. 64 (4) A business that violates this section is subject to a 65 civil penalty of up to $2,500 for a first offense, up to $5,000 66 for a second offense, and up to $10,000 for a third or 67 subsequent offense, to be assessed by the department. 68 (5) The department shall adopt rules necessary to implement 69 this section. 70 Section 2. This act shall take effect July 1, 2024.