Bill Text: FL H0675 | 2012 | Regular Session | Introduced

---

Bill Title: Credit Card Surcharges

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Community and Military Affairs Subcommittee [H0675 Detail]

Download: Florida-2012-H0675-Introduced.html

---

HB 675

1	A bill to be entitled
2	An act relating to credit card surcharges; amending s.
3	125.01, F.S.; conforming provisions to changes made by
4	the act; creating ss. 125.01035 and 166.0433, F.S.;
5	prohibiting counties and municipalities from
6	prohibiting the owners or operators of certain
7	passenger vehicles for hire from imposing credit card
8	surcharges on passenger fares; amending s. 501.0117,
9	F.S.; exempting certain passenger vehicle fares from
10	the prohibition on the imposition of credit card
11	surcharges; conforming provisions; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Paragraph (n) of subsection (1) of section
17	125.01, Florida Statutes, is amended to read:
18	125.01  Powers and duties.-
19	(1)  The legislative and governing body of a county shall
20	have the power to carry on county government. To the extent not
21	inconsistent with general or special law, this power includes,
22	but is not restricted to, the power to:
23	(n)  Except as provided in s. 125.01035, license and
24	regulate taxis, jitneys, limousines for hire, rental cars, and
25	other passenger vehicles for hire that operate in the
26	unincorporated areas of the county; except that any
27	constitutional charter county as defined in s. 125.011(1) shall
28	on July 1, 1988, have been authorized to have issued a number of
29	permits to operate taxis which is no less than the ratio of one
30	permit for each 1,000 residents of said county, and any such new
31	permits issued after June 4, 1988, shall be issued by lottery
32	among individuals with such experience as a taxi driver as the
33	county may determine.
34	Section 2.  Section 125.01035, Florida Statutes, is created
35	to read:
36	125.01035  Passenger vehicles for hire; credit card
37	surcharges.-A county may not prohibit the owner or operator of a
38	taxicab, limousine, jitney, or other passenger vehicle for hire
39	from imposing a surcharge on a passenger who elects to pay the
40	passenger fare using a credit card in lieu of payment by cash,
41	check, or similar means.
42	Section 3.  Section 166.0433, Florida Statutes, is created
43	to read:
44	166.0433  Passenger vehicles for hire; credit card
45	surcharges.-A municipality may not prohibit the owner or
46	operator of a taxicab, limousine, jitney, or other passenger
47	vehicle for hire from imposing a surcharge on a passenger who
48	elects to pay the passenger fare using a credit card in lieu of
49	payment by cash, check, or similar means.
50	Section 4.  Section 501.0117, Florida Statutes, is amended
51	to read:
52	501.0117  Credit cards; transactions in which seller or
53	lessor prohibited from imposing surcharge; penalty.-
54	(1)  A seller or lessor in a sales or lease transaction may
55	not impose a surcharge on the buyer or lessee for electing to
56	use a credit card in lieu of payment by cash, check, or similar
57	means, if the seller or lessor accepts payment by credit card. A
58	surcharge is any additional amount imposed at the time of a sale
59	or lease transaction by the seller or lessor that increases the
60	charge to the buyer or lessee for the privilege of using a
61	credit card to make payment. As used in this section, the term
62	"credit card" includes those cards for which unpaid balances are
63	payable on demand.
64	(2)(a)  Charges imposed pursuant to approved state or
65	federal tariffs are not considered to be a surcharge, and
66	charges made under such tariffs are exempt from this section.
67	(b)  A convenience fee imposed upon a student or family
68	paying tuition, fees, or other student account charges by credit
69	card to a William L. Boyd, IV, Florida resident access grant
70	eligible institution, as defined in s. 1009.89, is not
71	considered to be a surcharge and is exempt from this section if
72	the amount of the convenience fee does not exceed the total cost
73	charged by the credit card company to the institution. The term
74	"credit card" includes those cards for which unpaid balances are
75	payable on demand.
76	(c)  This section does not apply to the offering of a
77	discount for the purpose of inducing payment by cash, check, or
78	other means not involving the use of a credit card, if the
79	discount is offered to all prospective customers.
80	(d)  This section does not apply to passenger fares for a
81	taxicab, limousine, jitney, or other passenger vehicle for hire.
82	(3)(2)  A person who violates this section commits the
83	provisions of subsection (1) is guilty of a misdemeanor of the
84	second degree, punishable as provided in s. 775.082 or s.
85	775.083.
86	Section 5.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.