Is a cash discount legal in Florida?
Short answer: Florida’s old surcharge ban was struck down in 2015, so surcharges are allowed if disclosed before purchase; since 1 July 2026 restaurants must show any card charge on every menu. A cash discount with both prices posted before payment is not a surcharge under Visa’s rules, and federal law protects discounts for cash.
Florida at a glance.
Surcharges limited
- Surcharges
- The ban in 501.0117 is still on the books but was held unconstitutional (Dana's Railroad Supply v. Attorney General, 11th Cir. 2015); the Attorney General says merchants may surcharge if it is disclosed before purchase. Restaurants: since 1 July 2026 (SB 606, ch. 2025-113) a credit card surcharge is an 'operations charge' and must be shown with amount and purpose on every menu, ordering site or app, in at least menu-description font size, on the bill, and as a separate line on the receipt.
- Cap
- No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary).
- Debit cards
- No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards.
- Cash discount with both prices
- No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side.
- Law
- Fla. Stat. 501.0117 (unenforceable); Fla. Stat. 509.214
Verified on primary sources (509.214 statute text; Florida AG consumer page).
What to post on your tags.
- Show the cash price and the card price on every tag, menu or price list, the same size.
- Charge the posted price for how the customer pays. Don’t add a fee, “service charge” or “non-cash adjustment” at the register.
- Put a sign at the door and the counter explaining the two prices.
- Debit pays the posted card price. Never add a fee to debit.
Paymantis sets up cash discount processing for independent shops in Florida: free sign-up, free monthly service and a free terminal, with tags and signs worded for your state. Get started free.
Questions owners ask.
Can a business in Florida charge a fee for using a credit card?
Only within limits. No state cap. Card-network rules apply: Visa lesser of 3% or the merchant's discount rate; Mastercard lesser of cost or 4% (secondary). The ban in 501.0117 is still on the books but was held unconstitutional (Dana's Railroad Supply v. Attorney General, 11th Cir. 2015); the Attorney General says merchants may surcharge if it is disclosed before purchase. Restaurants: since 1 July 2026 (SB 606, ch. 2025-113) a credit card surcharge is an 'operations charge' and must be shown with amount and purpose on every menu, ordering site or app, in at least menu-description font size, on the bill, and as a separate line on the receipt.
Can I charge more for debit cards in Florida?
Not as a fee. No state rule. Visa and Mastercard bar surcharges on debit and prepaid cards. With a cash discount, debit pays the posted card price.
Is a cash discount legal in Florida?
No state rule found. Federal law protects cash discounts (15 U.S.C. 1666f, 1693o-2). Visa allows card and cash prices shown side by side. Post both prices before the customer pays and add nothing at the register.
Sources
General information, not legal advice. Rules change and differ by state and city; check the rules where your business is. See our terms and disclaimers.