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Surcharge laws by stateChecked Oct 6, 2026Verified

Credit card surcharge laws in Florida (2026)

✓ Allowed, card-network rules only

You can surcharge credit cards in Florida under card-network rules; the state's criminal surcharge ban (Fla. Stat. 501.0117) is still printed in the statutes but was struck down as unconstitutional by the Eleventh Circuit in Dana's Railroad Supply (2015, cert. denied 2017) and is not enforced.

The details

Debit and prepaidStatute speaks only of credit (and charge) cards; debit not addressed by state law.
StatuteFla. Stat. 501.0117 (surcharge ban, unenforceable after Dana's Railroad Supply)
Court decisionDana's Railroad Supply v. Attorney General, 807 F.3d 1235 (11th Cir. 2015): 501.0117 struck down as an unconstitutional abridgment of free speech; rehearing denied 2016-01-13; cert. denied, Bondi v. Dana's Railroad Supply, No. 15-1482 (2017-04-03)
Last changeStatute last amended 2018 (ch. 2018-4, terminology only); not repealed
Source checkVerified on the official site
CheckedOct 6, 2026
How this entry was checked

Statute read on leg.state.fl.us: 'A seller or lessor ... may not impose a surcharge on the buyer or lessee for electing to use a credit card'; second-degree misdemeanor; cash discounts offered to all customers expressly allowed; tariff and school-tuition exceptions. Opinion read from the court PDF (full text mirrored on CourtListener); SCOTUS docket read on supremecourt.gov. The Eleventh Circuit analyzed the statute on its face and the Florida AG stopped enforcement; the statute remains in the books only because it was never repealed.

What this means for each program in Florida

SurchargingAllowed under the card-network rules below. No state cap or disclosure rule beyond those was found.
Cash discountingPermitted. The posted price is the card price and cash pays less. Florida law speaks to discounts; see the summary above and the statute before setting the program.
Dual pricingTreated like a cash discount in practice (our reading; the statute does not use the term), so Florida's discount rules apply: the card price shown first with the cash price beside it, and cash pays the cash price. Check the statute for which payment types must get the lower price.

Card-network rules apply everywhere a surcharge is allowed

  • Credit cards only. Never debit or prepaid, even when the customer presses "credit."
  • Capped at 3% and never more than your own cost of accepting credit cards.
  • Disclosed at the entrance and at the register, and printed as its own line on the receipt.
  • Your processor (acquirer) gets written notice at least 30 days before you start.

Source: Visa Core Rules and Visa Product and Service Rules, April 2026 edition, sections 5.5.1.5 to 5.5.1.9. Mastercard's rules are comparable; its current rulebook text was not verified for this guide.

Sources

  • Fla. Stat. 501.0117 (surcharge ban, unenforceable after Dana's Railroad Supply)
  • Dana's Railroad Supply v. Attorney General, 807 F.3d 1235 (11th Cir. 2015): 501.0117 struck down as an unconstitutional abridgment of free speech; rehearing denied 2016-01-13; cert. denied, Bondi v. Dana's Railroad Supply, No. 15-1482 (2017-04-03)

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This guide is general information, not legal advice. Each entry was checked against the official statute, regulation, or court decision linked on the page, as of the date shown, by Cardeva, LLC. Laws change, legislatures are in session, and court rulings can alter the practical status of a statute that remains on the books. Before starting any surcharge, cash-discount, or dual-pricing program, confirm the rules for your state and your payment types with your processor and your own attorney. Any program Cardeva sets up starts only after your processor approves it in writing; rely on that approval and your own attorney, not this page. Nothing here is a guarantee of any outcome. See our Terms of Use. Think something has changed? Use the contact form or call (612) 250-6132.

RelatedMap and table of all 52 jurisdictionsCredit card surcharge rules in 2026, quoted from the Visa rulebookSurcharge, cash discount, or dual pricing: which one keeps your customers?
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