Proposed Legislation Protects Cash Purchases

Businesses such as restaurants, grocery stores, and gas stations would not be allowed to penalize buyers who use cash to pay for their purchases under a proposed bill slated to come before the Florida Legislature this session.

Introduced by State Sen. Shevrin D. Jones (D. Miami), SB 106 Acceptance of Cash Payments by Businesses would require certain businesses to accept cash payments for certain transactions. According to the proposed bill, “a business must accept an offer of payment in cash for any transaction involving the purchase of any tangible good or any service if, in connection with such transaction, the business would accept one or more other forms of payment and the customer seeking to engage in such transaction is physically present at the place of business.”

The measure would also forbid businesses that accept cash payments from charging a fee for a cash payment.

Services by accountants, architects, attorneys, engineers, financial advisers, insurance agents, interior designers, software developers, or management and other consultants would be exempt under the proposed measure.

Sales that are not conducted in person, including those by telephone, mail, Internet-based or other electronic transactions, are also not subject to the proposed law.

Finally, purveyors may refuse cash payment if they suspect that the cash being offered is counterfeit or cash is offered for payment in denominations larger than $20 in payment for a single transaction of more than $5,000.

Violators could face civil penalties of up to $2,500 for a first offense, up to $5,000 for a second offense and up to $10,000 for a third or subsequent offense.

SB 106 was filed in October and is currently under consideration by the Senate Committees of Appropriations, Agriculture, Environment, and General Government.

The 2024 regular session of the Florida Legislature got underway on Jan. 9.