Bill Text: FL S1452 | 2012 | Regular Session | Introduced

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Bill Title: Credit Card Surcharges

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-29 - Withdrawn from further consideration -SJ 706 [S1452 Detail]

Download: Florida-2012-S1452-Introduced.html

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       Florida Senate - 2012                                    SB 1452
       
       
       
       By Senator Diaz de la Portilla
       
       
       
       
       36-01323-12                                           20121452__
    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.