Paymaxx Pro, LLC and Leedom Capital Corp. on June 4, 2013.; Petitioners ask whether charging a “convenience fee” for telephonic or internet based card payments is tantamount to imposing a surcharge as prohibited by Section 501.0117, Florida Statutes;...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

NOTICE IS HEREBY GIVEN that the Department of Agriculture and Consumer Services has received the petition for declaratory statement from Paymaxx Pro, LLC and Leedom Capital Corp. on June 4, 2013.The petition seeks the agency's opinion as to the applicability of Section 501.0117, Florida Statutes, as it applies to the petitioner.

Petitioners ask whether charging a “convenience fee” for telephonic or internet based card payments is tantamount to imposing a surcharge as prohibited by Section 501.0117, Florida Statutes; whether petitioner Paymaxx Pro, LLC, who processes card payments for merchant dealers is a “seller or lessor” as contemplated by Section 501.0117, Florida Statutes; and whether if allowed to charge the “convenience fee,” may petitioner Paymaxx Pro, LLC share the fee with petitioner Leedom Capital Corp. and/or other merchant dealers.

A copy of the Petition for Declaratory Statement may be obtained by contacting: Amy Topol, Assistant Director, Division of Consumer Services, Department of Agriculture and Consumer Services, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500, [phone], [e-mail].

Please refer all comments to: Amy Topol, Assistant Director, Division of Consumer Services, Department of Agriculture and Consumer Services, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500, [phone], [e-mail].

Motions to intervene or petitions for administrative hearing by substantially affected persons must be filed within 21 days of this notice.