Florida Statute 501.0117 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 501
CONSUMER PROTECTION

View Entire Chapter

F.S. 501.0117

501.0117 Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty.—

(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.” The division included s. 501.0117(1) in ch. 2019-3, the reviser’s bill including material prepared in accordance with the directive; the bill section amending s. 501.0117(1) to revise the reference to “Florida resident access grant” was omitted from the bill in committee.

F.S. 501.0117 on Google Scholar

F.S. 501.0117 on Casetext

Amendments to 501.0117

Arrestable Offenses / Crimes under Fla. Stat. 501.0117

Level: Degree
Misdemeanor/Felony: First/Second/Third

S501.0117 - PUBLIC ORDER CRIMES - IMPOSE CREDIT CARD SURCHARGE - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 501.0117

Total Results: 3

Ago

Court: Fla. Att'y Gen. | Date Filed: 2007-06-12T00:53:00-07:00

Snippet: substantially the following question: Does section 501.0117, Florida Statutes, prohibit a municipal utility…of a credit card to pay a utility bill? Section 501.0117, Florida Statutes, provides: "A seller or…is a misdemeanor of the second degree.1 Section 501.0117, Florida Statutes, refers generally to sellers…specifically made subject.2 Therefore, section 501.0117, Florida Statutes, does not apply to municipal…such services. . . ."3 Accordingly, section 501.0117, Florida Statutes, does not prohibit municipal

Knight, Et Ux. v. Raffel

Court: Fla. | Date Filed: 1935-01-02T00:00:00-08:00

Citation: 158 So. 501, 117 Fla. 830

Snippet: Buford, Davis, Terrell 2 January 1935 158 So. 501, 117 Fla. 830 Gautier, Worley Bouvier, for Appellants

Sears, Roebuck & Co. v. Robinson

Court: Fla. | Date Filed: 1934-12-26T00:00:00-08:00

Citation: 158 So. 501, 117 Fla. 747, 1934 Fla. LEXIS 1338

Snippet: Brown, Buford, Ellis 26 December 1934 158 So. 501, 117 Fla. 747, 1934 Fla. LEXIS 1338 Marks, Marks,