(1) A seller or lessor in a sales or lease transaction may not impose a surcharge on the buyer or lessee for electing to use a credit card in lieu of payment by cash, check, or similar means, if the seller or lessor accepts payment by credit card. A surcharge is any additional amount imposed at the time of a sale or lease transaction by the seller or lessor that increases the charge to the buyer or lessee for the privilege of using a credit card to make payment. Charges imposed pursuant to approved state or federal tariffs are not considered to be a surcharge, and charges made under such tariffs are exempt from this section. A convenience fee imposed upon a student or family paying tuition, fees, or other student account charges by credit card to a William L. Boyd, IV, 1Effective Access to Student Education grant eligible institution, as defined in s. 1009.89, or to a private school, as defined in s. 1002.01, is not considered to be a surcharge and is exempt from this section if the amount of the convenience fee does not exceed the total cost charged by the credit card company to the institution. The term “credit card” includes those cards for which unpaid balances are payable on demand. This section does not apply to the offering of a discount for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card, if the discount is offered to all prospective customers.
(2) A person who violates the provisions of subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 87-43; s. 3, ch. 2010-219; s. 1, ch. 2016-53; s. 25, ch. 2018-4.
1Note.—Section 25, ch. 2018-4, directs the Division of Law Revision and Information “to substitute the term ‘Effective Access to Student Education Grant Program’ for ‘Florida Resident Access Grant Program’ and the term ‘Effective Access to Student Education grant’ for ‘Florida resident access grant’ wherever those terms appear in the Florida Statutes.”
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 501 - Consumer Protection
Part I - General Provisions (Ss. 501.001-501.171)
501.001 - Florida Anti-Tampering Act.
501.005 - Consumer report security freeze.
501.0051 - Protected consumer report security freeze.
501.011 - Credit cards; unsolicited delivery or mailing prohibited.
501.0113 - Unsolicited goods; no obligation on part of recipient.
501.0118 - Restrictions on information printed on receipts for payment-card transactions; penalties.
501.012 - Health studios; legislative findings.
501.0125 - Health studios; definitions.
501.013 - Health studios; exemptions.
501.014 - Health studios; powers and duties of the department.
501.015 - Health studios; registration requirements and fees.
501.016 - Health studios; security requirements.
501.017 - Health studios; contracts.
501.018 - Health studios; change of ownership or location.
501.019 - Health studios; penalties.
501.021 - Home solicitation sale; definitions.
501.022 - Home solicitation sale; permit required.
501.025 - Home solicitation sale; buyer’s right to cancel.
501.031 - Home solicitation sale; written agreement.
501.035 - Home solicitation sale; exclusions.
501.041 - Home solicitation sale; restoration of down payment.
501.045 - Home solicitation sale; duty of buyer.
501.046 - Home solicitation sale; duty of businesses conducting home solicitation sales.
501.047 - Home solicitation sale; prohibited practices.
501.052 - Home solicitation sale; enforcement authority; injunctive relief.
501.053 - Home solicitation sale; judicial review.
501.055 - Home solicitation sale; penalties.
501.057 - Commercial Weight-Loss Practices Act; short title.
501.0571 - Commercial Weight-Loss Practices Act; definitions.
501.0573 - Weight-loss provider requirements.
501.0575 - Weight-Loss Consumer Bill of Rights.
501.0577 - Commercial Weight-Loss Practices Act; exemptions.
501.0579 - Commercial Weight-Loss Practices Act; unlawful practices.
501.0581 - Commercial Weight-Loss Practices Act; civil remedies.
501.059 - Telephone solicitation.
501.122 - Control of nonionizing radiations; laser; penalties.
501.135 - Consumer unit pricing.
501.137 - Mortgage lenders; tax and insurance payments from escrow accounts; duties.
501.1377 - Violations involving homeowners during the course of residential foreclosure proceedings.
501.138 - Advertising of previews or trailers; standards.
501.141 - Delivery of crated goods; written statement of satisfaction; right to cancel.
501.142 - Retail sales establishments; preemption; notice of refund policy; exceptions; penalty.