Electronic Payments of Retail Installment Contracts
Electronic Payments of Retail Installment Contracts
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Sponsor
Yarborough
Last action
2026-03-13
Official status
House - Died in Messages
Effective date
2026-07-01
Plain English Breakdown
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Electronic Payments of Retail Installment Contracts
Electronic Payments of Retail Installment Contracts; Defining the terms “ACH payment” and “electronic payment”; authorizing holders of retail installment contracts and their agents to collect fees for processing electronic payments made by motor vehicle retail buyers under certain circumstances, etc.
What This Bill Does
Electronic Payments of Retail Installment Contracts; Defining the terms “ACH payment” and “electronic payment”; authorizing holders of retail installment contracts and their agents to collect fees for processing electronic payments made by motor vehicle retail buyers under certain circumstances, etc.
Limits and Unknowns
This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
• Placed on Calendar, on 2nd reading • Placed on Special Order Calendar, 02/19/26
2026-02-17Senate
• Favorable by- Rules; YEAS 24 NAYS 0
2026-02-12Senate
• On Committee agenda-- Rules, 02/17/26, 12:00 pm, 412 Knott Building
2026-02-04Senate
• Favorable by Banking and Insurance; YEAS 10 NAYS 0 • Now in Rules
2026-01-30Senate
• On Committee agenda-- Banking and Insurance, 02/04/26, 10:30 am, 412 Knott Building
2026-01-14Senate
• Pending reference review under Rule 4.7(2) - (Committee Substitute) • Now in Banking and Insurance • CS by Commerce and Tourism read 1st time
2026-01-13Senate
• CS by Commerce and Tourism; YEAS 10 NAYS 0 • Introduced
2026-01-08Senate
• On Committee agenda-- Commerce and Tourism, 01/13/26, 4:00 pm, 110 Senate Building
2025-12-16Senate
• Referred to Commerce and Tourism; Banking and Insurance; Rules
2025-12-09Senate
• Filed
Official Summary Text
Electronic Payments of Retail Installment Contracts; Defining the terms “ACH payment” and “electronic payment”; authorizing holders of retail installment contracts and their agents to collect fees for processing electronic payments made by motor vehicle retail buyers under certain circumstances, etc.
Current Bill Text
Read the full stored bill text
CS for SB 838
First Engrossed
2026838e1
1 A bill to be entitled
2 An act relating to electronic payments of retail
3 installment contracts; creating s. 520.105, F.S.;
4 defining the terms “ACH payment” and “electronic
5 payment”; authorizing holders of retail installment
6 contracts and their agents to collect fees for
7 processing electronic payments made by motor vehicle
8 retail buyers under certain circumstances; providing
9 an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 520.105, Florida Statutes, is created to
14 read:
15
520.105 Convenience fee for processing electronic
16
payments.—
17
(1) As used in this section, the term:
18
(a)
“ACH payment” means a payment made by an automated
19
clearing house electronic transfer from a retail buyer’s bank
20
account.
21
(b)
“Electronic payment” means a payment made by credit
22
card, debit card, electronic funds transfer, electronic check,
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or other electronic method.
24
(2) A holder of a retail installment contract, or its
25
agent, may collect a fee for processing a retail buyer’s
26
electronic payment under the retail installment contract,
27
provided that all of the following conditions are met:
28
(a) The fee is reasonably related to the actual expense
29
incurred by the holder or its agent in processing the electronic
30
payment.
31
(b)
The holder or its agent does all of the following:
32
1. Allows the retail buyer to make a payment by a method
33
other than a method that incurs a fee.
34
2. Maintains an option for a retail buyer to make an ACH
35
payment without collecting a fee.
36
3.
Does not establish electronic payment as the expected
37
form of payment.
38
4. Before the retail buyer agrees to make a payment by a
39
method that incurs a fee, discloses all of the following:
40
a. The amount of the fee to be charged under this section.
41
b. The retail buyer’s option to make a payment by an
42
alternative method that does not incur a fee, including by cash,
43
check, money order, or ACH payment.
44 Section 2. This act shall take effect July 1, 2026.