Florida/Georgia Personal Injury & Workers Compensation

...interests is nothing more than shifting sand is underscored by the fact that Florida has exempted certain state agencies from its no-surcharge law—allowing them to charge “convenience fees” for the privilege of using a credit card, Fla. Stat. § 215.322(2), (3)(b)—without advancing any relevant distinction between private 26  Case: 14-14426 Date Filed: 11/04/2015 Page: 27 of 46 merchants and state agencies that references the asserted interests being served....

...of credit cards at 10 Specifically, Florida allows “state agenc[ies]” and “the judicial branch” to “accept credit cards, charge cards, debit cards, or electronic funds transfers in payment for goods and services.” Fla. Stat. § 215.322(2). If someone doing business with a state agency chooses to pay with a credit card or other enumerated means, the agency may “impose a convenience fee upon the person making the payment.” Id. § 215.322(3)(b)....

...han as a cash discount. 27  Case: 14-14426 Date Filed: 11/04/2015 Page: 28 of 46 state agencies and for the use of a “money transmitter service.”11 See Fla. Stat. §§ 215.322(3)(b), 560.208(2)....

The Honorable J. Allison DeFoor, II Sheriff of Monroe County Post Office Box 1269 Key West, Florida 33041 Dear Sheriff DeFoor: You have asked: Is the Sheriff of Monroe County authorized to accept credit cards pursuant to s. 215.322 (4), F.S. (1988 Supp.), for payment of monetary appearance bond from persons arrested in Monroe County on criminal charges? In sum: Monetary appearance bond is not a financial obligation owed to a unit of local government within the contemplation of s. 215.322 (4), F.S. (1988 Supp.), for which payment by credit card may be accepted. Section 215.322 , F.S....

...forfeiture procedure would be necessary to convert these funds or bonds to the use of the sheriff. Therefore, it is my opinion that monetary appearance bond or bail does not constitute a financial obligation owing to the sheriff within the scope of s. 215.322 (4), F.S....

...ties. It would, however, appear to prohibit private utilities from imposing a surcharge for use of a credit card for payments. There is a specific statute that governs the acceptance of credit cards by governmental entities including municipalities. Section 215.322 , Florida Statutes, regulates the acceptance of credit cards by state agencies and units of local government, and has been considered in a number of opinions issued by this office. Section 215.322 (1), Florida Statutes, expresses the intent of the Legislature to encourage local governments (among others) to make transacting business with the public more convenient through the "acceptance of payments by credit cards, charge card...

...by the financial institution, . . . or credit card company for such services. . . ." 3 Accordingly, section 501.0117 , Florida Statutes, does not prohibit municipal utilities from imposing a surcharge for credit card payments. It is my opinion that section 215.322 , Florida Statutes, rather than section 501.0117 , Florida Statutes, regulates the acceptance of credit cards by municipalities for payment of the financial obligations set forth in the statute....

...75-170 (1975) (ordinarily the state and its agencies are not considered to be within the purview of a statute unless intention to include them is clearly manifest, as where they are expressly named therein, or they are included by necessary implication), 04-66 (2004), and 03-30 (2003). 3 Section 215.322 (5), Fla....

...company when an individual uses a credit card to make payment to the clerk's office, if the clerk makes a determination that the expenditure of the funds accomplishes a clearly identifiable public purpose. As noted in Attorney General Opinion 98-09, section 215.322 (5), Florida Statutes, authorizes the clerk's office to impose a surcharge sufficient to pay the service fee charges imposed by a card company....

...a set fee for most copies when a fee is charged by an agency. Inherent in the opinion's analysis is the conclusion that Chapter 119 , Florida Statutes, does not prohibit agencies from providing informational copies of public records without charge. Section 215.322 (5), Florida Statutes, states that "any clerk of the circuit court ....

...and to surcharge the person who uses a credit card . . . an amount sufficient to pay the service fee charges by the financial institution. . . ." (e.s.) Thus, the clerk of court is given statutory authority to impose a surcharge for credit card use, but section 215.322 (5), Florida Statutes, contains no requirement that it be collected....

...However, the question of whether a particular use or expenditure of public funds has as its primary purpose and benefit a public purpose is a factual determination and constitutes a mixed question of fact and law that this office cannot determine. Accordingly, it is my opinion that section 215.322 (5), Florida Statutes, authorizes, but does not require, the clerk of court to impose a surcharge on the use of credit cards by individuals to pay fines, citations, court costs, and other similar fees....

..._____________________________ On appeal from the Circuit Court for Leon County. J. Layne Smith, Judge. January 24, 2024 B.L. THOMAS, J. Appellants filed a class action complaint seeking a declaratory judgment that Appellees violated section 215.322(5), Florida Statutes.  The complaint asserted that Appellees collected a convenience fee in excess of the amount needed to pay the lawful service fee charges for credit card processing services used in collecting payments to court clerks. * The lower court granted summary judgment in favor of Appellees, finding that section 215.322(5) did not apply to private entities. The lower court also found that even if section 215.322(5) did apply, Appellants had no standing to enforce the statute because the Legislature did not create a private right of action. Appellee Florida Association of Court Clerks, Inc....

...a wholly- owned subsidiary in order to provide technical services to state agencies in Florida and other states. Among these services is processing for credit card payments made to court clerks for court filing fees, fines, and other payments. Section 215.322(2), Florida Statutes, authorizes a “state agency” to accept credit cards: A state agency as defined in s....

...The trial court entered summary judgment in favor of Appellees on all counts. Appellants did not seek review of the trial court’s order as to these other counts. 2  approve the request with regard to the process or procedure to be used. Section 215.322(3)(b) provides that the Chief Financial Officer shall adopt rules concerning the acceptance of credit cards, including [p]rocedures that permit an agency or officer accepting payment by credit card, charge card, debit card, or electronic funds transfer to impose a convenience fee upon the person making the payment. However, the total amount of such convenience fees may not exceed the total cost to the state agency. (emphasis added). Section 215.322(5), Florida Statutes, provides: A unit of local government, including a municipality, special district, or board of county commissioners or other governing body of a county, a consolidated or metropolitan governm...

...In the fiscal year ending in 2020, FACC used profits from FACC Services to pay $270,000 for lobbying services and between $400,000 and $500,000 for “public affairs,” according to Appellants. Appellants’ argument that Appellees are violating section 215.322(5), Florida Statutes, invokes the long-standing legal principle that public officials cannot do indirectly what the law prohibits them from doing directly....

...ion.”); Green v. Galvin, 114 So. 2d 187, 189 (Fla. 1st DCA 1959) (“Certainly a public official cannot do indirectly that which he is prohibited from doing directly.”). While Appellants have made a strong case that Appellees have violated section 215.322(5), we cannot reach the merits of this case because under Article V of the Florida Constitution, there is no justiciable controversy, as there is no private cause of action. See May v....

...Shore: You ask substantially the following question: How may the clerk's office pay the service fee charges imposed by a credit card company when a credit card is used to pay traffic citations, license fees, fines, court costs or other similar fees? In sum: Section 215.322 (5), Florida Statutes, authorizes local governments to impose a surcharge in a sufficient amount to pay the service fee charges imposed by a card company or financial institution when a credit card or debit card is used by a person fo...

...Your question arises in light of service fee charges imposed by credit card companies when a credit card or debit card is used to make payments for a transaction and your office's inability to alter statutorily prescribed fines, fees, and costs to absorb the amount of the service fee charges. Section 215.322 , Florida Statutes, sets forth the Legislature's intent to encourage "state agencies, the judicial branch and units of local government to make their services more convenient to the public and to reduce the administrative costs of gov...

...3 Accordingly, the clerk of court may add a sufficient amount to cover the service fee charge when a credit card or debit card is accepted for payment of a financial obligation paid through the clerk's office. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 215.322 (1), Fla. Stat. 2 Section 215.322 (5), Fla....

...e of appropriate credit for the person using the card. 3 Cf., Op. Att'y Gen. Fla. 89-65 (1989), in which this office concluded that monetary appearance bond is not a financial obligation owed to a unit of local government within the contemplation of section 215.322 , Fla....