State law guide · Last verified 2026-10-15
Is Credit Card Surcharging Legal in Florida? (2026)
Florida still has a surcharge ban on the books, but federal courts ruled it unenforceable, so card-brand rules (3% cap, credit only) govern in practice. Dual pricing — posting a card price and a lower cash price — is legal in Florida.
| Credit card surcharging | Banned on paper, ruled unenforceable |
|---|---|
| Surcharge cap | With the ban unenforceable, card-brand rules govern in practice. Card-brand rules govern (lesser of 3% Visa/Discover cap or merchant's cost of acceptance; Mastercard 4% ceiling rarely operative). Debit and prepaid cards can never be surcharged. |
| Dual pricing (cash and card price) | Legal |
| Governing law | Fla. Stat. §501.0117 (still codified) |
Under active review: Statute remains codified though facially struck; residual as-applied theories are untested.
Dual pricing in Florida
Dual pricing/cash discounting is expressly legal under the same statute — the cleanest Florida structure.
FeeSlicers sets up dual pricing through North's Edge program: every item has a posted card price about 4% higher than its cash price ($3.00 cash / $3.12 card), the same for credit and debit. That structure is legal in Florida when prices are posted the way the checklist below describes.
What to post in Florida
A two-price checklist for Florida businesses.
- Post the card price for every item — on your menu, shelf tags, price board and website. Never show a cash price by itself.
- Show the cash price next to it, clearly labeled as the cash price.
- Put a customer notice at the entrance and at the register saying items have a cash price and a card price. North supplies this sign to Edge merchants, in English and Spanish.
- Charge one card price for every card — credit and debit alike.
- Make sure the receipt shows the price the customer paid, never an extra amount on top of the cash price.
- Florida: Florida law expressly allows cash discounts. Florida food service establishments should also read Fla. Stat. § 509.214 (effective July 1, 2026): it is written for surcharges and other added charges, not for a posted card price, but if anything on your menu, app or bill could read as an added charge, follow its menu, app, bill and receipt disclosure rules.
Surcharging in Florida: the details
Enforcement
Unenforceable — struck down on First Amendment grounds; the statute remains on the books but cannot be enforced as written. The same statute expressly allows cash discounts.
Disclosure rules for surcharges
Card-brand disclosure rules — entry and point-of-sale signage, surcharge itemized on the receipt. Food service establishments have more. Fla. Stat. § 509.214, effective July 1, 2026, treats a credit card surcharge as an 'operations charge' and requires the amount or percentage and its purpose on menus, written contracts, and ordering websites and apps, in a font at least as large as the menu item descriptions; a menu board or clearly readable sign by the register where there is no menu; a notice on the face of the bill; and separate receipt lines for gratuity, operations charge, and sales tax.
Key rulings
Dana's Railroad Supply v. Attorney General, 807 F.3d 1235 (11th Cir. 2015) — the ban was ruled an unconstitutional restriction of speech.
Recent and pending changes
SB 606 (ch. 2025-113) created Fla. Stat. § 509.214, effective July 1, 2026, adding food-service disclosure requirements that name credit card surcharges expressly. Fla. Stat. § 501.0117 is unchanged and remains unenforceable under Dana's Railroad Supply.
This page explains the law for education; FeeSlicers sets up dual pricing, not surcharge programs. It is not legal advice. Sources: Fla. Stat. §501.0117; Dana's Railroad Supply v. Attorney General, 807 F.3d 1235 (11th Cir. 2015); Fla. Stat. § 509.214 (2026).
Questions Florida owners ask
Can a business charge a credit card surcharge in Florida in 2026?
Effectively yes. The statutory ban was ruled unenforceable, so card-brand rules (3% cap, credit only) govern in practice — though dual pricing is the cleaner structure.
Is dual pricing (a cash price and a card price) legal in Florida?
Dual pricing/cash discounting is expressly legal under the same statute — the cleanest Florida structure. One card price covers both credit and debit cards.
What does a Florida business have to post?
Card-brand disclosure rules — entry and point-of-sale signage, surcharge itemized on the receipt. Food service establishments have more. Fla. Stat. § 509.214, effective July 1, 2026, treats a credit card surcharge as an 'operations charge' and requires the amount or percentage and its purpose on menus, written contracts, and ordering websites and apps, in a font at least as large as the menu item descriptions; a menu board or clearly readable sign by the register where there is no menu; a notice on the face of the bill; and separate receipt lines for gratuity, operations charge, and sales tax. Florida law expressly allows cash discounts. Florida food service establishments should also read Fla. Stat. § 509.214 (effective July 1, 2026): it is written for surcharges and other added charges, not for a posted card price, but if anything on your menu, app or bill could read as an added charge, follow its menu, app, bill and receipt disclosure rules.
Has Florida surcharge law changed recently?
SB 606 (ch. 2025-113) created Fla. Stat. § 509.214, effective July 1, 2026, adding food-service disclosure requirements that name credit card surcharges expressly. Fla. Stat. § 501.0117 is unchanged and remains unenforceable under Dana's Railroad Supply.
Other states with their own rules: California · Colorado · Connecticut · Georgia · Illinois · Indiana · Kansas · Louisiana · Maine · Massachusetts · Minnesota · Montana · Nebraska · Nevada · New Jersey · New York · North Carolina · Oklahoma · Puerto Rico · Rhode Island · South Dakota · Texas · Virginia · Wyoming. Every other state is on the 50-state table. Recent updates are in the law changes log.
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