Florida 2026 Session Status: Passed Senate 1 R cosponsors

SB 838 — Electronic Payments of Retail Installment Contracts

Last action — Died in Messages

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced December 09, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Advancing 48% · moderate confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Electronic Payments of Retail Installment Contracts; Defining the terms “ACH payment” and “electronic payment”; authorizing holders of retail installment contracts and their agents to collect fees for processing electronic payments made by motor vehicle retail buyers under certain circumstances, etc.

Bill Text

What changed in the latest version

40 added · 45 removed

40 line(s) added, 45 removed.

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Latest
CS for SB 838 First Engrossed 2026838e1 A bill to be entitled An act relating to electronic payments of retail installment contracts;
Florida Senate - 2026 CS for SB 838 By the Committee on Commerce and Tourism;
and Senator Yarborough 577-01922-26 2026838c1 A bill to be entitled An act relating to electronic payments of retail installment contracts;
defining the terms “ACH payment” and “electronic payment”;
defining the term “electronic payment”;
authorizing holders of retail installment contracts and their agents to collect fees for processing electronic payments made by motor vehicle retail buyers under certain circumstances;
authorizing a holder of a retail installment contract, or its agent, to collect a fee for processing a retail buyer’s electronic payment only if certain conditions are met;
520.105 Convenience fee for processing electronic payments.— (1) As used in this section, the term:
520.105 Convenience fee for processing electronic payments.— (1) As used in this section, the term “electronic payment” means a payment made by credit card, debit card, electronic funds transfer, electronic check, or other electronic method.
(a) “ACH payment” means a payment made by an automated clearing house electronic transfer from a retail buyer’s bank account.
(2) A holder of a retail installment contract, or its agent, may collect a fee for processing a retail buyer’s electronic payment under the retail installment contract only if all of the following conditions are met:
(b) “Electronic payment” means a payment made by credit card, debit card, electronic funds transfer, electronic check, or other electronic method.
(a) The fee is reasonably related to the actual expense incurred by the holder or its agent in processing the electronic payment.
(2) A holder of a retail installment contract, or its agent, may collect a fee for processing a retail buyer’s electronic payment under the retail installment contract, provided that all of the following conditions are met:
(b) The holder or its agent:
(a) The fee is reasonably related to the actual expense incurred by the holder or its agent in processing the electronic Page 1 of 2 CODING:
Words stricken are deletions;
words underlined are additions.
CS for SB 838 First Engrossed 2026838e1 payment.
(b) The holder or its agent does all of the following:
Allows the retail buyer to make a payment by a method other than a method that incurs a fee.
Allows the retail buyer to make a payment by a method other than an electronic payment which does not incur a fee;
Maintains an option for a retail buyer to make an ACH payment without collecting a fee.
Does not establish electronic payment as the expected Page 1 of 2 CODING:
3.
Words stricken are deletions;
Does not establish electronic payment as the expected form of payment.
words underlined are additions.
4.
Florida Senate - 2026 CS for SB 838 577-01922-26 2026838c1 form of payment;
Before the retail buyer agrees to make a payment by a method that incurs a fee, discloses all of the following:
and 3.
Before the retail buyer agrees to make an electronic payment, provides disclosure of all of the following:
The amount of the fee to be charged under this section.
The amount of the fee to be charged under this section;
b.
and b.
The retail buyer’s option to make a payment by an alternative method that does not incur a fee, including by cash, check, money order, or ACH payment.
The retail buyer’s option to make a payment by an alternative method that does not incur a fee, including payment by check, cash, or money order.
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Action History

  1. Died in Messages

  2. In Messages

  3. Immediately certified -SJ 356

  4. CS passed as amended; YEAS 38 NAYS 0 -SJ 352

  5. Read 3rd time -SJ 352

  6. Amendment(s) adopted (794450) -SJ 352

  7. Read 2nd time -SJ 351

  8. Placed on Special Order Calendar, 02/19/26

  9. Placed on Calendar, on 2nd reading

  10. Favorable by- Rules; YEAS 24 NAYS 0

  11. On Committee agenda-- Rules, 02/17/26, 12:00 pm, 412 Knott Building

  12. Now in Rules

  13. Favorable by Banking and Insurance; YEAS 10 NAYS 0

  14. On Committee agenda-- Banking and Insurance, 02/04/26, 10:30 am, 412 Knott Building

  15. CS by Commerce and Tourism read 1st time

  16. Now in Banking and Insurance

  17. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  18. Introduced

  19. CS by Commerce and Tourism; YEAS 10 NAYS 0

  20. On Committee agenda-- Commerce and Tourism, 01/13/26, 4:00 pm, 110 Senate Building

  21. Referred to Commerce and Tourism; Banking and Insurance; Rules

  22. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 10000
Republican 26001
Unaffiliated 1000
No Party Affiliation 1000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Smith — Yea
Arrington, Kristen Aston Democrat Yea
Berman, Lori Democrat Yea
Bernard, Mack Democrat Yea
Davis, Tracie Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Sharief, Barbara Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Gaetz, Don Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Not Voting
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Martin, Jonathan Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Mayfield, Debbie Republican Yea
McClain, Stan Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Third Reading

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 10000
Republican 27001
No Party Affiliation 1000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Arrington, Kristen Aston Democrat Yea
Berman, Lori Democrat Yea
Bernard, Mack Democrat Yea
Bracy Davis, LaVon Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Sharief, Barbara Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Gaetz, Don Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Not Voting
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Martin, Jonathan Republican Yea
Massullo, Ralph E., Jr. Republican Yea
Mayfield, Debbie Republican Yea
McClain, Stan Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Smith, David Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable

Passed 24 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 18000
Democrat 5000
No Party Affiliation 1000
Total 24000
% of votes cast 100%0%0%0%
How each member voted (24)
Member Party Vote
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Gaetz, Don Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 3000
Republican 7000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Arrington, Kristen Aston Democrat Yea
Bracy Davis, LaVon Democrat Yea
Davis, Tracie Democrat Yea
DiCeglie, Nick Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Mayfield, Debbie Republican Yea
McClain, Stan Republican Yea
Smith, David Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

finance technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 838 do?
Electronic Payments of Retail Installment Contracts; Defining the terms “ACH payment” and “electronic payment”; authorizing holders of retail installment contracts and their agents to collect fees for processing electronic payments made by motor vehicle retail buyers under certain circumstances, etc.
Who sponsors SB 838?
SB 838 is sponsored by Yarborough, Clay (Republican).
What is the current status of SB 838?
This bill has passed the Senate. Introduced December 09, 2025. It now moves to the second chamber.
Where can I track SB 838?
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