Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1198
       
       
       
       
       
       
                                Ì651406ÇÎ651406                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2025           .                                
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       The Committee on Criminal Justice (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 817.091, Florida Statutes, is created to
    6  read:
    7         817.091 Fraudulent use of gift cards.—
    8         (1)As used in this section, the term:
    9         (a)“Cardholder” means a person to whom a physical or
   10  virtual gift card is sold, gifted, or issued following the
   11  authorized sale of the gift card.
   12         (b)“Card issuer” means a person that issues a gift card or
   13  the agent of that person with respect to that card.
   14         (c)“Gift card” means a card, code, or device that is
   15  issued to a consumer on a prepaid basis primarily for personal,
   16  family, or household purposes in a specified amount, regardless
   17  of whether that amount may be increased or reloaded in exchange
   18  for payment, and that is redeemable upon presentation by a
   19  consumer at a single merchant, a group of affiliated merchants,
   20  or a group of unaffiliated merchants.
   21         (d)“Gift card redemption information” means information
   22  unique to each gift card which allows the cardholder to access,
   23  transfer, or spend the funds on that gift card.
   24         (e)“Gift card seller” means a merchant that is engaged in
   25  the business of selling gift cards to consumers.
   26         (f)“Value” means the greatest amount of economic loss the
   27  card issuer, gift card seller, or cardholder might reasonably
   28  suffer, including the full or maximum monetary face or load
   29  value of the gift card, regardless of whether the gift card has
   30  been activated.
   31         (2)It is unlawful for a person, with the intent to
   32  defraud:
   33         (a)To acquire or retain possession of a gift card or of
   34  gift card redemption information without the consent of the
   35  cardholder, card issuer, or gift card seller.
   36         (b)To alter or tamper with a gift card.
   37         (c)To devise a scheme to obtain a gift card or gift card
   38  redemption information from a cardholder, card issuer, or gift
   39  card seller by means of false or fraudulent pretenses,
   40  representations, or promises.
   41         (d)To use, for the purpose of obtaining money, goods,
   42  services, or anything else of value, a gift card or gift card
   43  redemption information that has been obtained in violation of
   44  paragraph (a), paragraph (b), or paragraph (c).
   45         (3)(a)Except as provided in paragraph (b), a person who
   46  violates subsection (2) commits a misdemeanor of the first
   47  degree, punishable as provided in s. 775.082 or s. 775.083.
   48         (b)If the value of the money, goods, services, or other
   49  things of value obtained as a result of violating subsection (2)
   50  exceeds $750, the person commits a felony of the third degree,
   51  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   52         Section 2. This act shall take effect October 1, 2025.
   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 everything before the enacting clause
   57  and insert:
   58                        A bill to be entitled                      
   59         An act relating to fraudulent use of gift cards;
   60         creating s. 817.091, F.S.; defining terms; providing
   61         criminal penalties for persons who, with the intent to
   62         defraud, commit specified prohibited acts related to
   63         gift cards; providing criminal penalties for persons
   64         who, with the intent to defraud, use for certain
   65         purposes gift cards or gift card redemption
   66         information; providing enhanced criminal penalties if
   67         the value of such violation exceeds a specified
   68         amount; providing an effective date.