HB 959 — Electronic Payment Processing Fees for Motor Vehicle Purchases

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 959 2026 A bill to be entitled An act relating to electronic payment processing fees for motor vehicle purchases;

520.083,520.105, F.S.;

defining the termterms "ACH payment" and "electronic payment";

Section 520.083,520.105, Florida Statutes, is created to read:

520.083520.105 Convenience fee for processing buyers' electronic payments.— (1) As used in this section, the termterm: "electronic payment" means a payment made by credit card, debit card, electronic funds transfer, electronic check, or other electronic method.

(2)(a) A"ACH holderpayment" ofmeans a retailpayment installmentvia contractan orautomated theclearinghouse holder'selectronic agenttransfer mayfrom collect a fee for processing a retail buyer's electronicbank paymentaccount. under the retail installment contract if:

(a)(b) The"Electronic feepayment" ismeans reasonablya relatedpayment tomade theby expensecredit incurredcard, bydebit thecard, holderelectronic orfunds holder'stransfer, agentelectronic incheck, processingor theother electronic payment;method.

and(2) A holder of a retail installment contract, or its agent, may collect a fee for processing a retail buyer's Page 1 of 2 CODING:

hb959-00hb959-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 959 2026 (b)electronic Thepayment holderunder orthe holder'sretail agent:installment contract, provided that all of the following conditions are met:

(a) The fee is reasonably related to the actual expense incurred by the holder, or its agent, in processing the electronic payment.

(b) The fee does not exceed the lesser of $10 or 3 percent of the amount of the payment.

(c) The holder, or its agent, does all of the following:

Allows the retail buyer to make a payment by a method other than anthe electronicmethod paymentthat whichincurs does not incur a fee;fee.

DoesMaintains notan establishoption electronicfor paymenta asretail thebuyer expectedto formmake ofan payment;ACH payment without collecting a fee.

and 3.

InformsDoes thenot retailestablish buyerelectronic ofpayment theas following before the retailexpected buyerform agreesof topayment. make the electronic payment:

4.

Before the retail buyer agrees to make a payment by a method that incurs a fee, discloses all of the following:

The amount of the fee to be charged under this section;section.

and b.

ThatThe the retail buyerbuyer's mayoption to make a payment by a method other than an electronicalternative paymentmethod whichthat does not incur a fee, including by cash, check, cash,money order, or moneyACH order.payment.

hb959-00hb959-01-c1