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Can I collect debit card information from participants in Florida? What are the requirements?

Collecting Debit Card Information from Participants in Florida

Based on the context documents, you can collect debit card information from participants in Florida for the purpose of payment, provided that the participant has provided consent.

According to FLCL 832.075, no person shall require, as a condition of acceptance of a check or share draft or as a means of identification, that the person presenting the check or draft provide a credit card number or credit card expiration date. However, this section does not prohibit a person from requesting a purchaser to display a credit card as indicia of credit worthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card.

FLCL 832.05 prohibits the use of a debit card for the payment of money or its equivalent, knowing at the time of the use that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation. However, it is not clear whether this section applies to the collection of debit card information.

Therefore, to ensure compliance with Florida law, it is recommended that you obtain explicit consent from participants before collecting their debit card information. Additionally, you should only collect the minimum amount of information necessary for payment purposes and take appropriate measures to protect the confidentiality and security of the information collected.

Requirements for Accepting Electronic Payments through Credit Cards, Charge Cards, Debit Cards, and Electronic Checks

If you are a state agency or the judicial branch desiring to accept electronic payments through the use of credit cards, charge cards, debit cards, or electronic checks, you must submit a written request to the Chief Financial Officer. The request should include the type of fees being collected, the locations where the payments will be accepted, the method of acceptance, the projected annual amount of collections and the projected average transaction amount, and the projected dollar amount of annual service fees to be paid. You must also provide a justification that includes the anticipated economic and other benefits that would accrue to the state, such as improved customer service and convenience to individuals and businesses, the impact on state revenues and expenditures, and the effect on the private sector. [2.1]

Exceptions to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information

The requirements for initial notice to consumers, opt-out, and service providers and joint marketing do not apply when a licensee discloses nonpublic personal financial information with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction. [4.1]

Therefore, to collect debit card information from participants in Florida, you must obtain explicit consent from them and ensure compliance with the requirements for accepting electronic payments through credit cards, charge cards, debit cards, and electronic checks.

Source(s):
Jurisdiction

Florida