Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for SB 1198
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/09/2025 04:06 PM       .                                
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       Senator DiCeglie moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 24 - 61
    4  and insert:
    5         (c) “Gift card” means a physical or virtual card, code, or
    6  device that may be issued to a consumer on a prepaid basis
    7  primarily for personal, family, or household purposes in a
    8  specified amount, regardless of whether that amount may be
    9  increased or reloaded in exchange for payment, and that is
   10  redeemable upon presentation by a consumer at a single merchant,
   11  a group of affiliated merchants, or a group of unaffiliated
   12  merchants.
   13         (d) “Gift card redemption information” means information
   14  unique to each gift card which allows the cardholder to access,
   15  transfer, or spend the funds on that gift card.
   16         (e) “Gift card seller” means a merchant that is engaged in
   17  the business of selling gift cards to consumers.
   18         (f) “Value” means the greatest amount of economic loss the
   19  card issuer, gift card seller, or cardholder might reasonably
   20  suffer, including the full or maximum monetary face or load
   21  value of the gift card, regardless of whether the gift card has
   22  been activated.
   23         (2) It is unlawful for a person, with the intent to
   24  defraud:
   25         (a) To acquire or retain possession of a gift card or of
   26  gift card redemption information without the consent of the
   27  cardholder, card issuer, or gift card seller.
   28         (b) To alter or tamper with a gift card or its packaging.
   29         (c) To devise a scheme to obtain a gift card or gift card
   30  redemption information from a cardholder, card issuer, or gift
   31  card seller by means of false or fraudulent pretenses,
   32  representations, or promises.
   33         (d) To use, for the purpose of obtaining money, goods,
   34  services, or anything else of value, a gift card or gift card
   35  redemption information that has been obtained in violation of
   36  this subsection.
   37         (3)(a) Except as provided in paragraph (b), a person who
   38  violates subsection (2) commits a misdemeanor of the first
   39  degree, punishable as provided in s. 775.082 or s. 775.083.
   40         (b) A person commits a felony of the third degree,
   41  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
   42  if:
   43         1. The person violates subsection (2) and has previously
   44  been convicted of a violation of subsection (2).
   45         2. The value of any gift card; gift card redemption
   46  information; or money, goods, services, or other thing of value
   47  obtained as a result of violating subsection (2) exceeds $750.
   48         (c) For the purposes of this subsection, the value of any
   49  gift card; gift card redemption information; or money, goods,
   50  services, or other thing of value obtained as a result of
   51  violating subsection (2) may be aggregated to determine the
   52  degree of the offense.
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete lines 9 - 11
   57  and insert:
   58         information; providing enhanced criminal penalties;
   59         authorizing the aggregating of specified values to
   60         determine the degree of an offense; providing an
   61         effective date.