Florida HB 959: Trust Fund/Creation/Emergency Residential Property Insurance Assistance Trust Funds/DFS

Bill Text

CS/HB 959 2026

CODING: Words stricken are deletions; words underlined are additions.
hb959-01-c1
Page 1 of 2
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

A bill to be entitled 1
An act relating to electronic payment processing fees 2
for motor vehicle purchases; creating s. 520.105, 3
F.S.; defining the terms "ACH payment" and "electronic 4
payment"; authorizing holders of retail installment 5
contracts and their agents to collect fees for 6
processing electronic payments made by motor vehicle 7
retail buyers under certain circumstances; providing 8
an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Section 520.105, Florida Statutes, is created 13
to read: 14
520.105 Convenience fee for processing electronic 15
payments.— 16
(1) As used in this section, the term: 17
(a) "ACH payment" means a payment via an automated 18
clearinghouse electronic transfer from a retail buyer's bank 19
account. 20
(b) "Electronic payment" means a payment made by credit 21
card, debit card, electronic funds transfer, electronic check, 22
or other electronic method. 23
(2) A holder of a retail installment contract, or its 24
agent, may collect a fee for processing a retail buyer's 25

CS/HB 959 2026

CODING: Words stricken are deletions; words underlined are additions.
hb959-01-c1
Page 2 of 2
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

electronic payment under the retail installment contract, 26
provided that all of the following conditions are met: 27
(a) The fee is reasonably related to the actual expense 28
incurred by the holder, or its agent, in processing the 29
electronic payment. 30
(b) The fee does not exceed the lesser of $10 or 3 percent 31
of the amount of the payment. 32
(c) The holder, or its agent, does all of the following: 33
1. Allows the retail buyer to make a payment by a method 34
other than the method that incurs a fee. 35
2. Maintains an option for a retail buyer to make an ACH 36
payment without collecting a fee. 37
3. Does not establish electronic payment as the expected 38
form of payment. 39
4. Before the retail buyer agrees to make a payment by a 40
method that incurs a fee, discloses all of the following: 41
a. The amount of the fee to be charged under this section. 42
b. The retail buyer's option to make a payment by an 43
alternative method that does not incur a fee, including by cash, 44
check, money order, or ACH payment. 45
Section 2. This act shall take effect July 1, 2026. 46