(1) The operator or owner of an automated teller machine in this state may charge an access fee or surcharge to a customer for the use of that machine. The fee or surcharge must be disclosed in compliance with 12 C.F.R. part 205, as amended.
(2)(a) Subject to the requirements of subsection (1), an agreement to operate or share an automated teller machine may not prohibit, limit, or restrict the right of the operator or owner of an automated teller machine, as defined in s. 655.960(3), to charge an access fee or surcharge, not otherwise prohibited under state or federal law, to a customer conducting a transaction using an account from an international banking corporation as defined in s. 663.01(6).
(b) Notwithstanding paragraph (a), this section does not prohibit or otherwise limit the ability of an operator or owner of an automated teller machine to voluntarily enter into an agreement regarding participation in an access fee-free or surcharge-free network.
History.—s. 1, ch. 2006-216; s. 1, ch. 2008-166.
Structure Florida Statutes
Title XXXVIII - Banks and Banking
Chapter 655 - Financial Institutions Generally
655.001 - Purpose; Application.
655.012 - General Supervisory Powers; Rulemaking; Seal.
655.013 - Effect on Existing Financial Institutions.
655.015 - Construction; Standards to Be Observed by Commission and Office.
655.016 - Liability When Acting Upon Rule, Order, or Declaratory Statement.
655.017 - Local Regulation Preempted.
655.0201 - Service of Process, Notice, Levy, or Demand on Financial Institutions.
655.031 - Administrative Enforcement Guidelines.
655.032 - Investigations, Subpoenas, Hearings, and Witnesses.
655.0321 - Restricted Access to Certain Hearings, Proceedings, and Related Documents.
655.0322 - Prohibited Acts and Practices; Criminal Penalties.
655.033 - Cease and Desist Orders.
655.037 - Removal of a Financial Institution-Affiliated Party by the Office.
655.0385 - Disapproval of Directors and Executive Officers.
655.03855 - Provisional Directors and Executive Officers.
655.0386 - Transactions With Financial Institution-Affiliated Parties.
655.0391 - Retention of Supervision by Office.
655.0392 - Place of Transacting Business.
655.041 - Administrative Fines; Enforcement.
655.043 - Articles of Incorporation; Amendments; Approval.
655.044 - Accounting Practices; Bad Debts Ineligible to Be Carried as Assets.
655.045 - Examinations, Reports, and Internal Audits; Penalty.
655.047 - Assessments; Financial Institutions.
655.049 - Deposit of Fees and Assessments.
655.057 - Records; Limited Restrictions Upon Public Access.
655.059 - Access to Books and Records; Confidentiality; Penalty for Disclosure.
655.0591 - Trade Secret Documents.
655.061 - Competitive Equality With Federally Organized or Chartered Financial Institutions.
655.071 - International Banking Facilities; Definitions; Notice Before Establishment.
655.411 - Conversion of Charter.
655.412 - Merger and Consolidation.
655.414 - Acquisition of Assets; Assumption of Liabilities.
655.416 - Book Value of Assets.
655.417 - Effect of Merger, Consolidation, Conversion, or Acquisition.
655.418 - Nonconforming Activities; Cessation.
655.50 - Florida Control of Money Laundering and Terrorist Financing in Financial Institutions Act.
655.51 - Employment Information.
655.56 - Collection of Fines, Interest, or Premiums on Loans Made by Financial Institutions.
655.769 - Definitions of Terms Used in Ss. 655.77-655.91.
655.78 - Deposit Accounts in Two or More Names.
655.79 - Deposits and Accounts in Two or More Names; Presumption as to Vesting on Death.
655.80 - Convenience Accounts.
655.82 - Pay-on-Death Accounts.
655.825 - Deposits in Trust; Applicability of S. 655.82 in Place of Former S. 655.81.
655.83 - Adverse Claim to a Deposit or Fiduciary Account.
655.84 - Limitations; Statements as Correct.
655.85 - Settlement of Checks.
655.851 - Unclaimed Credit Balances.
655.86 - Issuance of Postdated Checks.
655.89 - Legal Holidays; Business Days; Business and Transactions.
655.90 - Closing During Emergencies and Other Special Days.
655.91 - Records of Institutions and Copies Thereof; Retention and Destruction.
655.921 - Transaction of Business by Out-of-State Financial Institutions; Exempt Transactions.
655.922 - Banking Business by Unauthorized Persons; Use of Name.
655.93 - Definitions for Ss. 655.93-655.94.
655.931 - Authority to Engage in Safe-Deposit Business.
655.933 - Access by Fiduciaries.
655.934 - Effect of Lessee’s Death or Incapacity.
655.935 - Search Procedure on Death of Lessee.
655.937 - Access to Safe-Deposit Boxes Leased in Two or More Names.
655.938 - Adverse Claims to Contents of Safe-Deposit Box.
655.939 - Limiting Right of Access for Failure to Comply With Security Procedures.
655.94 - Special Remedies for Nonpayment of Rent.
655.942 - Standards of Conduct; Institutions.
655.943 - Applications; Verification.
655.946 - Single Interest Insurance Placed by Financial Institutions.
655.947 - Debt Cancellation Products.
655.948 - Significant Events; Notice Required.
655.949 - Personnel; Qualifications.
655.954 - Financial Institution Loans; Credit Cards.
655.955 - Liability of Financial Institution to Third Parties.
655.960 - Definitions; Ss. 655.960-655.965.
655.961 - Violation of Specified Provisions Not Negligence per Se.
655.962 - Lighting; Mirrors; Landscaping.
655.965 - Preemption; Prohibition.
655.966 - Automated Teller Machine; Surcharge Disclosure.
655.967 - State-Funded Endowments.
655.968 - Financial Institutions; Transactions Relating to Iran or Terrorism.