Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. PCS (732938) for SB 22-C
                        Barcode 930198
                            CHAMBER ACTION
              Senate                               House
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       10/03/2007 05:23 PM         .                    
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11  The Committee on General Government Appropriations (Bennett)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 3, between lines 14 and 15,
16  
17  insert:  
18         Section 3.  Section 501.95, Florida Statutes, is
19  amended 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 purchased issued in
31  exchange for monetary consideration when the certificate,
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    2:13 PM   10/03/07                          s0022Cc1c-ga21-r8c

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (732938) for SB 22-C Barcode 930198 1 card, or similar instrument is redeemable for merchandise, 2 food, or services regardless of whether any cash may be paid 3 to the owner of the certificate, card, or instrument as part 4 of the redemption transaction, but this term shall not include 5 tickets as specified in s. 717.1355 or manufacturer or 6 retailer discounts and coupons. 7 (2) 8 (a) A gift certificate purchased or credit memo sold 9 or issued for consideration in this state may not have an 10 expiration date, expiration period, or any type of postsale 11 charge or fee imposed on the gift certificate or credit memo, 12 including, but not limited to, service charges, dormancy fees, 13 account maintenance fees, or cash-out fees. However, a gift 14 certificate may have an expiration date of not less than 3 15 years if it is provided as a charitable contribution when no 16 consideration is given to the issuer by the consumer, or not 17 less than 1 year if it is provided as a benefit pursuant to an 18 employee-incentive program, consumer-loyalty program, or 19 promotional program when no consideration is given to the 20 issuer by the consumer, and the expiration date is prominently 21 disclosed in writing to the consumer at the time it is 22 provided. In addition, a gift certificate may have an 23 expiration date if it is provided as part of a loyalty program 24 or promotional program, or if it is provided in conjunction 25 with a larger package related to a convention, conference, 26 vacation, or sporting or fine arts event having a limited 27 duration so long as the majority of the value paid by the 28 recipient is attributable to the convention, conference, 29 vacation, or event. An issuer may honor a gift certificate 30 that has expired on or before the effective date of this act. 31 (b) Paragraph (a) does not apply to a gift certificate 2 2:13 PM 10/03/07 s0022Cc1c-ga21-r8c
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. PCS (732938) for SB 22-C Barcode 930198 1 or credit memo sold or issued by a financial institution, as 2 defined in s. 655.005, or by a money transmitter, as defined 3 in s. 560.103, if the gift certificate or credit memo is 4 redeemable by multiple unaffiliated merchants. 5 (c) This section shall be enforced as provided in s. 6 501.142(3), (4), and (5). 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 1, line 9, after the semicolon, 12 13 insert: 14 amending s.. 501.95, F.S.; redefining the term 15 "gift certificate"; providing circumstances in 16 which a gift certificate may have an expiration 17 date; 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 2:13 PM 10/03/07 s0022Cc1c-ga21-r8c