Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1638
                        Barcode 954476
                            CHAMBER ACTION
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11  The Committee on Banking and Insurance (Atwater) recommended
12  the following amendment:
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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 717.1045, Florida Statutes, is
19  created to read:
20         717.1045  Gift certificates and similar credit items.--
21         (1)  It is the intent of the Legislature that this
22  chapter applies to the custodial holding of unredeemed gift
23  certificates and credit memos except as expressly provided in
24  subsection (3).
25         (2)  As used in this section, the term:
26         (a)  "Credit memo" means a certificate, card, stored
27  value card, or similar instrument issued in exchange for
28  returned merchandise when the certificate, card, or similar
29  instrument is redeemable for merchandise, food, or services
30  regardless of whether any cash may be paid to the owner of the
31  certificate, card, or instrument as part of the redemption
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1638 Barcode 954476 1 transaction. 2 (b) "Gift certificate" means a certificate, gift card, 3 stored value card, or similar instrument issued in exchange 4 for monetary consideration when the certificate, card, or 5 similar instrument is redeemable for merchandise, food, or 6 services regardless of whether any cash may be paid to the 7 owner of the certificate, card, or instrument as part of the 8 redemption transaction. 9 (3) Notwithstanding s. 717.117, an unredeemed gift 10 certificate or credit memo is not required to be reported as 11 unclaimed property. The consideration paid for an unredeemed 12 gift certificate or credit memo is the property of the issuer 13 of the unredeemed gift certificate or credit memo. An 14 unredeemed gift certificate or credit memo is subject only to 15 any rights of a purchaser or owner thereof and is not subject 16 to a claim made by any state acting on behalf of a purchaser 17 or owner. 18 (4)(a) A gift certificate or credit memo sold or 19 issued for consideration in this state may not have an 20 expiration date, expiration period, or any type of postsale 21 charge or fee imposed on the gift certificate or credit memo, 22 including, but not limited to, service charges, dormancy fees, 23 account maintenance fees, or cash-out fees. However, a gift 24 certificate may have an expiration date of not less than 3 25 years if it is provided as a free benefit pursuant to an 26 employee-incentive program, consumer-loyalty program, or 27 promotional program, or is provided for a charitable purpose, 28 and payment of consideration is not required. In addition, a 29 gift certificate may have an expiration date if it is provided 30 as part of a larger package related to a convention, 31 conference, or vacation having a limited duration so long as 2 11:15 AM 03/17/07 s1638d-bi25-j01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1638 Barcode 954476 1 the majority of the value paid by the recipient is 2 attributable to the convention, conference, or vacation. 3 (b) Paragraph (a) does not apply to a gift certificate 4 or credit memo sold or issued by a financial institution, as 5 defined in s. 655.005, or to a money transmitter, as defined 6 in s. 560.103, if the gift certificate or credit memo is 7 redeemable by all merchants that accept monetary consideration 8 remitted through the financial institution or money 9 transmitter that sold or issued the gift certificate or credit 10 memo. 11 Section 2. This act shall take effect upon becoming a 12 law. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 Delete everything before the enacting clause 18 19 and insert: 20 A bill to be entitled 21 An act relating to the disposition of unclaimed 22 property; creating s. 717.1045, F.S.; providing 23 legislative intent; defining the terms "credit 24 memo" and "gift certificate"; providing that 25 the holder of an unredeemed gift certificate or 26 credit memo is not required to report the 27 unredeemed gift certificate or credit memo as 28 unclaimed property to the Department of 29 Financial Services; providing that the 30 consideration paid for an unredeemed gift 31 certificate or credit memo is the property of 3 11:15 AM 03/17/07 s1638d-bi25-j01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1638 Barcode 954476 1 the issuer, subject only to any rights of a 2 purchaser or owner and is not subject to a 3 claim made by any state acting on behalf of a 4 purchaser or owner; prohibiting a gift 5 certificate or credit memo sold or issued for 6 consideration in this state from having an 7 expiration date, expiration period, or any type 8 of postsale charge or fee imposed on the gift 9 certificate or credit memo; providing certain 10 exceptions; providing an effective date. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 11:15 AM 03/17/07 s1638d-bi25-j01