Dana's Railroad Supply v. Attorney General, State of Florida

The statute at issue in this case bars surcharges for using credit cards but permits discounts for using other methods of payment. See Fla. Stat. § 501.0117(1). What is the difference between a surcharge and a discount? It depends on whether you go along with the majority opinion’s statute-killing definition of “surcharge,” which renders the statute unconstitutional, or instead heed the statute-saving definition of the term that the legislature itself crafted.

The statutory definition specifies that a surcharge is “any additional amount imposed at the time of a sale or lease transaction by the…