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Merchant services · Florida

Merchant Services in Florida

Florida has roughly 3.49 million small businesses, by the SBA's 2025 count. A lot of them live on visitors and seasonal residents, from Keys charter boats and Panhandle beach shops to Orlando-area attractions and the snowbird traffic in Naples and Sarasota. Card mix swings with the season, and so do processing costs. Florida's card-fee rules have a history of their own: a surcharge ban that's still printed in the statutes, a federal ruling striking it down, and, since July 1, 2026, new disclosure rules for restaurants. Here's how they fit together, plus the processing and ATM options we offer Florida merchants.

General information, not legal advice. Check with a Florida attorney before changing how you price or add any fee.

Florida's surcharge rules

Fla. Stat. § 501.0117 and the 2015 ruling

On paper, § 501.0117 still says a seller that accepts credit cards may not impose a surcharge for using one, and it makes a violation a second-degree misdemeanor. The same section allows a discount for paying by cash, check, or other non-credit means, as long as the discount is offered to all customers.

In Dana's Railroad Supply v. Attorney General (11th Cir. 2015), the federal appeals court covering Florida held the no-surcharge law unconstitutional as an abridgment of free speech. It pointed out that the law allowed a cash discount while criminalizing the same price difference when it was called a surcharge. The text was never removed from the statute books, so read any "Florida bans surcharges" claim with that history in mind, and get local legal advice before relying on either view.

Restaurants: § 509.214, effective July 1, 2026

Florida now treats a credit card surcharge at a public food service establishment as an "operations charge," along with service charges, automatic gratuities, and delivery fees. If you add one:

  • post a notice on the menu, any written contract, and any website or app where orders are placed, stating the amount or percentage and the purpose of the charge, in type at least as large as your menu item descriptions. Places without menus or table service use a clear menu board or a sign at the register;
  • show a notice on the face of the bill that the charge is included, with its percentage or amount;
  • make sure every receipt has separate lines for gratuity, the operations charge, and sales tax.

Card-network rules

Network rules apply on top of state law. Under Visa's U.S. rules, a surcharge can only apply to credit cards, never debit or prepaid. It's capped at your cost of acceptance or 3%, whichever is lower. You have to give your processor 30 days' notice and disclose the surcharge at the point of entry, the point of sale, and on the receipt. A pending Visa/Mastercard settlement, with a fairness hearing on November 16, 2026, may change some network rules after final approval.

What Florida businesses ask about

  • Charter fishing, dive shops, boat rentals, and marinas take deposits by phone or online and the balance at the dock, so they need keyed-in, online, and mobile payments on one account.
  • Restaurants and beach bars need to get the new § 509.214 menu, bill, and receipt wording right if they use any card fee, and need tip handling that matches.
  • Seasonal retail in snowbird towns can see volume double in winter, which affects whether flat-rate or interchange-plus pricing makes more sense.
  • HVAC, pool, roofing, and other home-service contractors invoice large tickets in the field and often want card and ACH options on the same invoice.
  • Attractions and event vendors around Orlando, Tampa, and Miami see many international and premium cards.

Your options, side by side

  1. Dual pricing or a cash discount (optional). This is the approach Florida's statute expressly allows, and restaurants can build in § 509.214-compliant notices.
  2. Interchange-plus. You pay the network cost plus a disclosed fixed markup.
  3. Flat-rate. One rate, which is easy for seasonal planning.
  4. Square, if you prefer it. We'll include it as an option in your comparison.

Results depend on your volume, card mix, and current contract, so we don't promise savings before reviewing a statement.

ATMs in Florida

Cash still moves at flea markets, tiki bars, bait-and-tackle shops, festivals, and marinas. If you want your own ATM:

  • You buy and own the machine. It's a purchase, not a loan.
  • Terms are subject to the partner agreement, and every term is disclosed in writing before you sign.
  • Before installation, we agree on who loads cash, what withdrawal fee you'll set, and how service is handled. We don't promise monitoring, maintenance, or revenue sharing. ATM surcharge income isn't guaranteed.
  • Machines come through our ATM partner, and card processing comes through our processing partners.

FAQ

Are credit card surcharges legal in Florida?

Florida's statute still prohibits them on paper, but the Eleventh Circuit struck that law down in 2015. Card-network limits apply either way. Because the text was never repealed, many merchants use a cash discount instead. Ask a Florida attorney.

I own a restaurant. What changed on July 1, 2026?

If you add a credit card surcharge or any other automatic charge, the amount or percentage and the purpose must appear on your menu and ordering site or app, the bill must note it, and the receipt must show gratuity, the charge, and sales tax on separate lines (§ 509.214).

Can I surcharge debit cards?

No. Card-network rules don't allow surcharges on debit or prepaid cards.

Is a cash discount allowed in Florida?

Yes. § 501.0117 says it doesn't apply to discounts offered to all customers for paying by cash, check, or other non-credit methods.

Do you work with Florida businesses?

Yes. We're based in Clifton, Tennessee, and serve merchants nationwide by phone and email.

Who owns an ATM I get through you?

You do. You purchase it outright, and the terms, which are subject to the partner agreement, are disclosed in writing first.

Get a no-obligation comparison

Send a recent statement and tell us your busy season. We'll compare a cash discount, interchange-plus, flat-rate, and your current setup for your Florida business.