Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1638
                        Barcode 135442
                            CHAMBER ACTION
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11  The Committee on Banking and Insurance (Atwater) recommended
12  the following substitute for amendment (954476):
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 501.95, Florida Statutes, is
19  created to read:
20         501.95  Gift certificates and credit memos.--
21         (1)  As used in this section, the term:
22         (a)  "Credit memo" means a certificate, card, stored
23  value card, or similar instrument issued in exchange for
24  returned merchandise when the certificate, card, or similar
25  instrument is redeemable for merchandise, food, or services
26  regardless of whether any cash may be paid to the owner of the
27  certificate, card, or instrument as part of the redemption
28  transaction.
29         (b)  "Gift certificate" means a certificate, gift card,
30  stored value card, or similar instrument issued in exchange
31  for monetary consideration when the certificate, card, or
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1638 Barcode 135442 1 similar instrument is redeemable for merchandise, food, or 2 services regardless of whether any cash may be paid to the 3 owner of the certificate, card, or instrument as part of the 4 redemption transaction. 5 (2)(a) A gift certificate or credit memo sold or 6 issued for consideration in this state may not have an 7 expiration date, expiration period, or any type of postsale 8 charge or fee imposed on the gift certificate or credit memo, 9 including, but not limited to, service charges, dormancy fees, 10 account maintenance fees, or cash-out fees. However, a gift 11 certificate may have an expiration date of not less than 3 12 years if it is provided as a free benefit pursuant to an 13 employee-incentive program, consumer-loyalty program, or 14 promotional program, or is provided for a charitable purpose, 15 and payment of consideration is not required. In addition, a 16 gift certificate may have an expiration date if it is provided 17 as part of a larger package related to a convention, 18 conference, or vacation having a limited duration so long as 19 the majority of the value paid by the recipient is 20 attributable to the convention, conference, or vacation. 21 (b) Paragraph (a) does not apply to a gift certificate 22 or credit memo sold or issued by a financial institution, as 23 defined in s. 655.005, or to a money transmitter, as defined 24 in s. 560.103, if the gift certificate or credit memo is 25 redeemable by all merchants that accept monetary consideration 26 remitted through the financial institution or money 27 transmitter that sold or issued the gift certificate or credit 28 memo. 29 Section 2. Section 717.1045, Florida Statutes, is 30 created to read: 31 717.1045 Gift certificates and similar credit 2 1:53 PM 03/19/07 s1638c-bi25-r3t
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1638 Barcode 135442 1 items.--Notwithstanding s. 717.117, an unredeemed gift 2 certificate or credit memo as defined in s. 501.95 is not 3 required to be reported as unclaimed property. The 4 consideration paid for an unredeemed gift certificate or 5 credit memo is the property of the issuer of the unredeemed 6 gift certificate or credit memo. An unredeemed gift 7 certificate or credit memo is subject only to any rights of a 8 purchaser or owner thereof and is not subject to a claim made 9 by any state acting on behalf of a purchaser or owner. 10 Section 3. This act shall take effect upon becoming a 11 law. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 Delete everything before the enacting clause 17 18 and insert: 19 A bill to be entitled 20 An act relating to gift certificates and 21 similar credit items; creating s. 501.95, F.S.; 22 defining the terms "credit memo" and "gift 23 certificate"; prohibiting a gift certificate or 24 credit memo sold or issued for consideration in 25 this state from having an expiration date, 26 expiration period, or any type of postsale 27 charge or fee imposed on the gift certificate 28 or credit memo; providing certain exceptions; 29 creating s. 717.1045, F.S.; providing that the 30 holder of an unredeemed gift certificate or 31 credit memo is not required to report the 3 1:53 PM 03/19/07 s1638c-bi25-r3t
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1638 Barcode 135442 1 unredeemed gift certificate or credit memo as 2 unclaimed property to the Department of 3 Financial Services; providing that the 4 consideration paid for an unredeemed gift 5 certificate or credit memo is the property of 6 the issuer, subject only to any rights of a 7 purchaser or owner and is not subject to a 8 claim made by any state acting on behalf of a 9 purchaser or owner; providing an effective 10 date. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 1:53 PM 03/19/07 s1638c-bi25-r3t