HB 1053

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


CODING: Words stricken are deletions; words underlined are additions.