Florida Senate - 2026                             CS for SB 1074
       
       
        
       By the Committee on Finance and Tax; and Senator Gaetz
       
       
       
       
       
       593-02828-26                                          20261074c1
    1                        A bill to be entitled                      
    2         An act relating to the one-cent piece; amending s.
    3         212.12, F.S.; defining the term “cash”; authorizing
    4         dealers to round to the nearest nickel in certain
    5         circumstances; specifying the methodology for such
    6         rounding; providing applicability and construction;
    7         amending s. 501.212, F.S.; providing that rounding to
    8         the nearest nickel is not a deceptive and unfair trade
    9         practice in certain circumstances; amending s.
   10         538.235, F.S.; requiring that certain cash payments be
   11         made in the full amount due or rounded in a specified
   12         manner in certain circumstances; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (c) is added to subsection (10) of
   18  section 212.12, Florida Statutes, to read:
   19         212.12 Dealer’s credit for collecting tax; penalties for
   20  noncompliance; powers of Department of Revenue in dealing with
   21  delinquents; rounding; records required.—
   22         (10)
   23         (c)1. For purposes of this paragraph, the term “cash” has
   24  the same meaning as defined in 12 U.S.C. s. 4001.
   25         2.If the 1-cent piece is no longer in production, an in
   26  person cash transaction may be rounded to the nearest nickel
   27  using the following methodology:
   28         a.If the final digit of a cash transaction ends in 1 or 2
   29  cents, it must be rounded down to zero.
   30         b.If the final digit of a cash transaction ends in 3 or 4
   31  cents, it must be rounded up to 5 cents.
   32         c.If the final digit of a cash transaction ends in 6 or 7
   33  cents, it must be rounded down to 5 cents.
   34         d.If the final digit of a cash transaction ends in 8 or 9
   35  cents, it must be rounded up to 10 cents.
   36         e.Cash transactions ending in 0 or 5 cents are not
   37  rounded.
   38         3.Rounding to the nickel applies only to cash
   39  transactions. Rounding to the nickel does not apply to any
   40  transaction for which payment is made by a noncash method,
   41  including electronic funds transfer; check; gift card; money
   42  order; credit card; or mixed tender, except to the extent that
   43  cash is dispersed to the purchaser.
   44         4. Rounding to the nickel does not alter the sales price,
   45  the amount of tax collected under this chapter, or any
   46  surcharges, assessments, or fees imposed on the sale.
   47         5.Rounding to the nickel may apply to the amount of the
   48  transaction or to the amount of change tendered to the
   49  purchaser.
   50         6. Rounding to the nickel does not alter or affect the
   51  exact amounts authorized, cleared, or settled through any
   52  noncash payment system or electronic transaction.
   53         Section 2. Subsection (8) is added to section 501.212,
   54  Florida Statutes, to read:
   55         501.212 Application.—This part does not apply to:
   56         (8) Rounding a consumer sale to the nickel if the 1-cent
   57  piece is no longer in production.
   58         Section 3. Present subsections (2) and (3) of section
   59  538.235, Florida Statutes, are redesignated as subsections (3)
   60  and (4), respectively, and a new subsection (2) is added to that
   61  section, to read:
   62         538.235 Method of payment.—
   63         (2)Any cash payment made to a seller under this section
   64  shall be made in the full amount due or rounded up to the
   65  nearest nickel if the 1-cent piece is no longer in production.
   66         Section 4. This act shall take effect upon becoming a law.