Florida Senate - 2026                          SENATOR AMENDMENT
       Bill No. CS for SB 838
       
       
       
       
       
       
                                Ì794450#Î794450                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             02/19/2026 12:34 PM       .                                
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       Senator Yarborough moved the following:
       
    1         Senate Substitute for Amendment (296936) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 520.105, Florida Statutes, is created to
    7  read:
    8         520.105 Convenience fee for processing electronic
    9  payments.—
   10         (1) As used in this section, the term:
   11         (a) “ACH payment” means a payment made by an automated
   12  clearing house electronic transfer from a retail buyer’s bank
   13  account.
   14         (b) “Electronic payment” means a payment made by credit
   15  card, debit card, electronic funds transfer, electronic check,
   16  or other electronic method.
   17         (2) A holder of a retail installment contract, or its
   18  agent, may collect a fee for processing a retail buyer’s
   19  electronic payment under the retail installment contract,
   20  provided that all of the following conditions are met:
   21         (a) The fee is reasonably related to the actual expense
   22  incurred by the holder or its agent in processing the electronic
   23  payment.
   24         (b) The holder or its agent does all of the following:
   25         1. Allows the retail buyer to make a payment by a method
   26  other than a method that incurs a fee.
   27         2. Maintains an option for a retail buyer to make an ACH
   28  payment without collecting a fee.
   29         3. Does not establish electronic payment as the expected
   30  form of payment.
   31         4. Before the retail buyer agrees to make a payment by a
   32  method that incurs a fee, discloses all of the following:
   33         a. The amount of the fee to be charged under this section.
   34         b. The retail buyer’s option to make a payment by an
   35  alternative method that does not incur a fee, including by cash,
   36  check, money order, or ACH payment.
   37         Section 2. This act shall take effect July 1, 2026.
   38  
   39  ================= T I T L E  A M E N D M E N T ================
   40  And the title is amended as follows:
   41         Delete everything before the enacting clause
   42  and insert:
   43                        A bill to be entitled                      
   44         An act relating to electronic payments of retail
   45         installment contracts; creating s. 520.105, F.S.;
   46         defining the terms “ACH payment” and “electronic
   47         payment”; authorizing holders of retail installment
   48         contracts and their agents to collect fees for
   49         processing electronic payments made by motor vehicle
   50         retail buyers under certain circumstances; providing
   51         an effective date.