1 | A bill to be entitled |
2 | An act relating to gift certificates and similar credit |
3 | items; creating s. 501.95, F.S.; defining the terms |
4 | "credit memo" and "gift certificate"; prohibiting a gift |
5 | certificate or credit memo sold or issued for |
6 | consideration in this state from having an expiration |
7 | date, expiration period, or any type of postsale charge or |
8 | fee imposed on the gift certificate or credit memo; |
9 | providing certain exceptions; creating s. 717.1045, F.S.; |
10 | providing that the holder of an unredeemed gift |
11 | certificate or credit memo is not required to report the |
12 | unredeemed gift certificate or credit memo as unclaimed |
13 | property to the Department of Financial Services; |
14 | providing that the consideration paid for an unredeemed |
15 | gift certificate or credit memo is the property of the |
16 | issuer, subject only to any rights of a purchaser or |
17 | owner, and is not subject to a claim made by any state |
18 | acting on behalf of a purchaser or owner; requiring that a |
19 | gift certificate or credit memo be reported as unclaimed |
20 | property; providing legislative intent; providing the |
21 | consideration paid for the gift certificate or credit memo |
22 | is the property of the owner of the gift certificate or |
23 | credit memo; providing an effective date. |
24 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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27 | Section 1. Section 501.95, Florida Statutes, is created to |
28 | read: |
29 | 501.95 Gift certificates and credit memos.-- |
30 | (1) As used in this section, the term: |
31 | (a) "Credit memo" means a certificate, card, stored value |
32 | card, or similar instrument issued in exchange for returned |
33 | merchandise when the certificate, card, or similar instrument is |
34 | redeemable for merchandise, food, or services regardless of |
35 | whether any cash may be paid to the owner of the certificate, |
36 | card, or instrument as part of the redemption transaction. |
37 | (b) "Gift certificate" means a certificate, gift card, |
38 | stored value card, or similar instrument issued in exchange for |
39 | monetary consideration when the certificate, card, or similar |
40 | instrument is redeemable for merchandise, food, or services |
41 | regardless of whether any cash may be paid to the owner of the |
42 | certificate, card, or instrument as part of the redemption |
43 | transaction, but this term shall not include tickets as |
44 | specified in s. 717.1355. |
45 | (2)(a) A gift certificate or credit memo sold or issued |
46 | for consideration in this state may not have an expiration date, |
47 | expiration period, or any type of postsale charge or fee imposed |
48 | on the gift certificate or credit memo, including, but not |
49 | limited to, service charges, dormancy fees, account maintenance |
50 | fees, or cash-out fees. However, a gift certificate may have an |
51 | expiration date of not less than 3 years if it is provided as a |
52 | charitable contribution when no consideration is given to the |
53 | issuer by the consumer, or not less than 1 year if it is |
54 | provided as a benefit pursuant to an employee-incentive program, |
55 | consumer-loyalty program, or promotional program when no |
56 | consideration is given to the issuer by the consumer, and the |
57 | expiration date is prominently disclosed in writing to the |
58 | consumer at the time it is provided. In addition, a gift |
59 | certificate may have an expiration date if it is provided as |
60 | part of a larger package related to a convention, conference, |
61 | vacation, or sporting or fine arts event having a limited |
62 | duration so long as the majority of the value paid by the |
63 | recipient is attributable to the convention, conference, |
64 | vacation, or event. An issuer may honor a gift certificate that |
65 | has expired on or before the effective date of this act. |
66 | (b) Paragraph (a) does not apply to a gift certificate or |
67 | credit memo sold or issued by a financial institution, as |
68 | defined in s. 655.005, or by a money transmitter, as defined in |
69 | s. 560.103, if the gift certificate or credit memo is redeemable |
70 | by multiple unaffiliated merchants. |
71 | Section 2. Section 717.1045, Florida Statutes, is created |
72 | to read: |
73 | 717.1045 Gift certificates and similar credit |
74 | items.--Notwithstanding s. 717.117, an unredeemed gift |
75 | certificate or credit memo as defined in s. 501.95 is not |
76 | required to be reported as unclaimed property. |
77 | (1) The consideration paid for an unredeemed gift |
78 | certificate or credit memo is the property of the issuer of the |
79 | unredeemed gift certificate or credit memo. |
80 | (2) An unredeemed gift certificate or credit memo is |
81 | subject only to any rights of a purchaser or owner thereof and |
82 | is not subject to a claim made by any state acting on behalf of |
83 | a purchaser or owner. |
84 | (3) It is the intent of the Legislature that this section |
85 | apply to the custodial holding of unredeemed gift certificates |
86 | and credit memos. |
87 | (4) However, a gift certificate or credit memo described |
88 | in s. 501.95(2)(b) shall be reported as unclaimed property. The |
89 | consideration paid for such a gift certificate or credit memo is |
90 | the property of the owner of the gift certificate or credit |
91 | memo. |
92 | Section 3. This act shall take effect upon becoming a law. |