Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1198
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/11/2025 .
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The Committee on Criminal Justice (DiCeglie) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 817.091, Florida Statutes, is created to
6 read:
7 817.091 Fraudulent use of gift cards.—
8 (1) As used in this section, the term:
9 (a) “Cardholder” means a person to whom a physical or
10 virtual gift card is sold, gifted, or issued following the
11 authorized sale of the gift card.
12 (b) “Card issuer” means a person that issues a gift card or
13 the agent of that person with respect to that card.
14 (c) “Gift card” means a card, code, or device that is
15 issued to a consumer on a prepaid basis primarily for personal,
16 family, or household purposes in a specified amount, regardless
17 of whether that amount may be increased or reloaded in exchange
18 for payment, and that is redeemable upon presentation by a
19 consumer at a single merchant, a group of affiliated merchants,
20 or a group of unaffiliated merchants.
21 (d) “Gift card redemption information” means information
22 unique to each gift card which allows the cardholder to access,
23 transfer, or spend the funds on that gift card.
24 (e) “Gift card seller” means a merchant that is engaged in
25 the business of selling gift cards to consumers.
26 (f) “Value” means the greatest amount of economic loss the
27 card issuer, gift card seller, or cardholder might reasonably
28 suffer, including the full or maximum monetary face or load
29 value of the gift card, regardless of whether the gift card has
30 been activated.
31 (2) It is unlawful for a person, with the intent to
32 defraud:
33 (a) To acquire or retain possession of a gift card or of
34 gift card redemption information without the consent of the
35 cardholder, card issuer, or gift card seller.
36 (b) To alter or tamper with a gift card.
37 (c) To devise a scheme to obtain a gift card or gift card
38 redemption information from a cardholder, card issuer, or gift
39 card seller by means of false or fraudulent pretenses,
40 representations, or promises.
41 (d) To use, for the purpose of obtaining money, goods,
42 services, or anything else of value, a gift card or gift card
43 redemption information that has been obtained in violation of
44 paragraph (a), paragraph (b), or paragraph (c).
45 (3)(a) Except as provided in paragraph (b), a person who
46 violates subsection (2) commits a misdemeanor of the first
47 degree, punishable as provided in s. 775.082 or s. 775.083.
48 (b) If the value of the money, goods, services, or other
49 things of value obtained as a result of violating subsection (2)
50 exceeds $750, the person commits a felony of the third degree,
51 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
52 Section 2. This act shall take effect October 1, 2025.
53
54 ================= T I T L E A M E N D M E N T ================
55 And the title is amended as follows:
56 Delete everything before the enacting clause
57 and insert:
58 A bill to be entitled
59 An act relating to fraudulent use of gift cards;
60 creating s. 817.091, F.S.; defining terms; providing
61 criminal penalties for persons who, with the intent to
62 defraud, commit specified prohibited acts related to
63 gift cards; providing criminal penalties for persons
64 who, with the intent to defraud, use for certain
65 purposes gift cards or gift card redemption
66 information; providing enhanced criminal penalties if
67 the value of such violation exceeds a specified
68 amount; providing an effective date.