Posted in Business Law,General Practice
Eleven states, including Florida, have laws that prohibit businesses from imposing consumers with surcharges on credit card transactions. But what type of businesses are subject to this prohibition? All businesses? Only merchants and retailers? Currently, the concept of charging surcharge or convenience fees for credit card usage by service business is not clearly addressed in the applicable statute. Florida Statute Section 501.0117(1) states that 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 of cash, check, or similar means, if the seller or lessor accepts payment by credit card.” Moreover, a surcharge is defined as 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. Id.
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Continuing in our summary of bills passed during the Spring 2014 legislative (please find our first posting regarding House Bill 807 HERE (Post 1 of 3); and our second posting regarding House Bills 7037 and 7051 HERE (Post 2 of 3)), below represents a summary of Senate Bills 440 and 934, and House Bill 1089. Interested Condominium Association (COA) and Homeowner Association (HOA) readers should note that these laws become effective on July 1, 2014, and should carefully consider the soon-to-be effective changes and discuss the same with their community association manager and legal counsel to determine the respective impact of each change going forward.
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Continuing in our summary of bills passed during the Spring 2014 Legislative Session (please find our first posting regarding House Bill 807 HERE (Post 1 of 3)), below represents a summary of House Bills 7037 and 7051. Interested Condominium Association (COA) and Homeowner Association (HOA) readers should note that these laws become effective on July 1, 2014, and should carefully consider the soon-to-be effective changes and discuss the same with their community association manager and legal counsel to determine the respective impact of each change going forward.
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Our Firm previously posted two entries highlighting bills of interest during the Spring 2014 Legislative Session to our interested Condominium Association (COA) and Homeowner Association (HOA) readers. The legislative session recently ended and, as of June 13, 2014, Governor Scott has signed some of the previously highlighted bills into law. Below is a summary of House Bill 807, which contains a number of changes to the laws governing HOAs and COAs. These laws become effective on July 1, 2014, and in this regard, interested readers should carefully consider the soon-to-be effective changes and discuss the same with their community association manager and legal counsel to determine the respective impact of each change going forward.
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