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,
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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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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
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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).
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10 And the title is amended as follows:
11 On page 1, line 9, after the semicolon,
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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;
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