Skip to Navigation | Skip to Main Content | Skip to Site Map

The CRC completed its work and submitted its final report. This website is maintained for archival purposes.

Florida Constitution Revision Commission

PUB 700565: Ending Fees by Florida Businesses for Using a Credit Card by Todd Misamore

NEW ARTICLE

Title: ENDING CREDIT CARD PENALTIES TO CONDUCT BUSINESS IN FLORIDA

No company, who conducts business within The State of Florida, whether that company is licensed to conduct business in Florida or outside of Florida, who has agreed to accept credit cards in the course of doing business, may collect any kind of fee, charge, or penalty which is intended to, or has the effect of discouraging a person or business from using a credit card to make purchases, obtain refunds, place deposits, or any other normal use of a credit card, which was issued by a bank, a store, or any other entity legally allowed to do so. The Attorney General of Florida shall enforce this law, if passed, by imposing meaningful fines, license revocation, or any other meaningful penalties that The Attorney General sees fit. The Attorney General of Florida shall provide a reasonable way for persons to file complaints about violators and shall enforce the law regarding those complaints. Additionally, persons or businesses, who are within State of Florida, or who were within The State of Florida when any fees, charges or penalties were incurred, may pursue civil claims, and collect court costs associated with those claims if they are the victims of a company who violates this law, as proposed. Banks or financial institutions shall be exempt from this proposal. This proposal, if passed, shall not prevent the charge of interest in accordance with the law or agreements between credit card issuers and creditors.