1 | A bill to be entitled |
2 | An act relating to gift certificates; creating s. 501.95, |
3 | F.S.; providing that it is unlawful for any person or |
4 | entity to sell a gift certificate that contains an |
5 | expiration date or a service fee; providing general |
6 | requirements with respect to gift certificates; providing |
7 | for applicability and construction of the act; authorizing |
8 | a fee; providing a definition; providing an effective |
9 | date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Section 501.95, Florida Statutes, is created to |
14 | read: |
15 | 501.95 Gift certificates; sale of gift certificates |
16 | containing expiration dates or service fees prohibited.-- |
17 | (1) PROHIBITED ACTIVITIES.--It is unlawful for any person |
18 | or entity to sell a gift certificate to a purchaser that |
19 | contains: |
20 | (a) An expiration date. |
21 | (b) A service fee, including, but not limited to, a |
22 | service fee for dormancy. |
23 | (2) GENERAL PROVISIONS.-- |
24 | (a) Any gift certificate sold after July 1, 2004, is |
25 | redeemable in cash for its cash value at no cost to the |
26 | purchaser or holder. |
27 | (b) A gift certificate sold without an expiration date is |
28 | valid until redeemed or replaced. |
29 | (c)1. A gift certificate constitutes value held in trust |
30 | by the issuer of the gift certificate on behalf of the |
31 | beneficiary of the gift certificate. The value represented by |
32 | the gift certificate belongs to the beneficiary or to the legal |
33 | representative of the beneficiary to the extent provided by law, |
34 | and not to the issuer. |
35 | 2. An issuer of a gift certificate who is in bankruptcy |
36 | shall continue to honor a gift certificate issued prior to the |
37 | date of the bankruptcy filing on the grounds that the value of |
38 | the gift certificate constitutes trust property of the |
39 | beneficiary. |
40 | (3) APPLICABILITY.--This section does not apply to any of |
41 | the following gift certificates issued on or after July 1, 2004, |
42 | provided the expiration date appears in capital letters in at |
43 | least 10-point type on the front of the gift certificate: |
44 | (a) Gift certificates that are distributed by the issuer |
45 | to a consumer pursuant to an awards, loyalty, or promotional |
46 | program without any money or other thing of value being given in |
47 | exchange for the gift certificate by the consumer. |
48 | (b) Gift certificates that are sold below face value at a |
49 | volume discount to employers or to nonprofit and charitable |
50 | organizations for fundraising purposes if the expiration date on |
51 | the gift certificates is not more than 30 days after the date of |
52 | sale. |
53 | (c) Gift certificates that are issued for a food product. |
54 | (4) CONSTRUCTION.-- |
55 | (a) This section does not alter the terms of a gift |
56 | certificate. The terms of a gift certificate may not make its |
57 | redemption or other use invalid in the event of a bankruptcy. |
58 | (b) Unless otherwise required by law, this section does |
59 | not require the issuer of a gift certificate to: |
60 | 1. Replace a gift certificate that has been lost or |
61 | stolen. |
62 | 2. Maintain a separate account for the funds used to |
63 | purchase the gift certificate. |
64 | (c)1. This section does not create an interest in favor of |
65 | the beneficiary of a gift certificate in any specific property |
66 | of the issuer. |
67 | 2. This section does not create a fiduciary or quasi- |
68 | fiduciary relationship between the beneficiary of a gift |
69 | certificate and the issuer, unless otherwise provided by law. |
70 | 3. The issuer of a gift certificate has no obligation to |
71 | pay interest on the value of a gift certificate held in trust |
72 | under this section, unless otherwise provided by law. |
73 | (d) Nothing in this section prohibits fees customarily |
74 | charged for or practices customarily associated with prepaid |
75 | calling cards that are issued solely to provide an access number |
76 | and authorization code for prepaid telecommunication services. |
77 | (5) FEE.--An issuer of a gift certificate may assess a fee |
78 | of up to $1 for each gift certificate issued to cover costs |
79 | associated with printing or producing the gift certificate, |
80 | provided that such fee is paid by the purchaser of the gift |
81 | certificate at the time of purchase and is not deducted from the |
82 | value of the gift certificate. |
83 | (6) DEFINITION.--As used in this section, "gift |
84 | certificate" includes gift cards, gift cards usable only with |
85 | affiliated sellers of goods or services, and gift cards usable |
86 | with multiple sellers of goods or services. |
87 | Section 2. This act shall take effect July 1, 2004. |