Are credit card surcharges allowed in Florida?

Credit card surcharges, which are costs added simply for the privilege of using a credit card, are illegal in 10 states, including Florida. Florida Statute § 501.017 states, in part:

“(1)…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 by cash, check, or similar means, if the seller or lessor accepts payment by credit card…”.

The statute further states that:

“…(2) A person who violates the provisions of subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.”

Florida business owners worried about incurring credit card processing fees should consider offering customers a discount for paying in cash, which is allowed under Florida law.

It is important to note that Florida’s “no-surcharge” law has been challenged. Therefore, it is possible that the law will change in the near future.

If any of this resonates with you or you have general questions regarding Florida’s “no-surcharge” law, feel free to reach out to us directly at info@epgdlaw.com or call to schedule a consultation (786) 837 – 6787.

*Disclaimer: This blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*




Categories: Business Law