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Originally Posted by Jayhawk
Is it legal to charge a credit card surcharge in Florida?
Florida has a law prohibiting credit card surcharges, but that law was held unconstitutional by federal courts. Therefore, merchants in Florida may add a surcharge to credit card purchases.
ยง 501.0117 Declared Unconstitutional
The United States Court of Appeals for the Eleventh Circuit reversed the district court ruling and found that Florida's no-surcharge statute regulated speech and violated businesses' commercial speech rights, and thus was unconstitutional.
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Be aware that no surcharges can be imposed if you are using a debit card.
Merchants are not supposed to make a profit on this practice - but the merchant may include the costs of processing the charge which includes not only their fees but their rental of equipment and other related costs. In reality most merchants are adding 4% for credit card fees and making a small profit on each transaction.
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Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence. John Adams
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