CS for SB 1198                                   First Engrossed
       
       
       
       
       
       
       
       
       20251198e1
       
    1                        A bill to be entitled                      
    2         An act relating to fraudulent use of gift cards;
    3         creating s. 817.091, F.S.; defining terms; providing
    4         criminal penalties for persons who, with the intent to
    5         defraud, commit specified prohibited acts related to
    6         gift cards; providing criminal penalties for persons
    7         who, with the intent to defraud, use for certain
    8         purposes gift cards or gift card redemption
    9         information; providing enhanced criminal penalties;
   10         authorizing the aggregating of specified values to
   11         determine the degree of an offense; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 817.091, Florida Statutes, is created to
   17  read:
   18         817.091 Fraudulent use of gift cards.—
   19         (1)As used in this section, the term:
   20         (a)“Cardholder” means a person to whom a physical or
   21  virtual gift card is sold, gifted, or issued following the
   22  authorized sale of the gift card.
   23         (b)“Card issuer” means a person that issues a gift card or
   24  the agent of that person with respect to that card.
   25         (c)“Gift card” means a physical or virtual card, code, or
   26  device that may be issued to a consumer on a prepaid basis
   27  primarily for personal, family, or household purposes in a
   28  specified amount, regardless of whether that amount may be
   29  increased or reloaded in exchange for payment, and that is
   30  redeemable upon presentation by a consumer at a single merchant,
   31  a group of affiliated merchants, or a group of unaffiliated
   32  merchants.
   33         (d)“Gift card redemption information” means information
   34  unique to each gift card which allows the cardholder to access,
   35  transfer, or spend the funds on that gift card.
   36         (e)“Gift card seller” means a merchant that is engaged in
   37  the business of selling gift cards to consumers.
   38         (f)“Value” means the greatest amount of economic loss the
   39  card issuer, gift card seller, or cardholder might reasonably
   40  suffer, including the full or maximum monetary face or load
   41  value of the gift card, regardless of whether the gift card has
   42  been activated.
   43         (2)It is unlawful for a person, with the intent to
   44  defraud:
   45         (a)To acquire or retain possession of a gift card or of
   46  gift card redemption information without the consent of the
   47  cardholder, card issuer, or gift card seller.
   48         (b)To alter or tamper with a gift card or its packaging.
   49         (c)To devise a scheme to obtain a gift card or gift card
   50  redemption information from a cardholder, card issuer, or gift
   51  card seller by means of false or fraudulent pretenses,
   52  representations, or promises.
   53         (d)To use, for the purpose of obtaining money, goods,
   54  services, or anything else of value, a gift card or gift card
   55  redemption information that has been obtained in violation of
   56  this subsection.
   57         (3)(a)Except as provided in paragraph (b), a person who
   58  violates subsection (2) commits a misdemeanor of the first
   59  degree, punishable as provided in s. 775.082 or s. 775.083.
   60         (b)A person commits a felony of the third degree,
   61  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   62  if:
   63         1.The person violates subsection (2) and has previously
   64  been convicted of a violation of subsection (2).
   65         2.The value of any gift card; gift card redemption
   66  information; or money, goods, services, or other thing of value
   67  obtained as a result of violating subsection (2) exceeds $750.
   68         (c)For the purposes of this subsection, the value of any
   69  gift card; gift card redemption information; or money, goods,
   70  services, or other thing of value obtained as a result of
   71  violating subsection (2) may be aggregated to determine the
   72  degree of the offense.
   73         Section 2. This act shall take effect October 1, 2025.