CS/HB 1007 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1007-01-c1
Page 1 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to fraudulent use of gift cards; 2
creating s. 817.091, F.S.; providing definitions; 3
providing criminal penalties for persons who, with the 4
intent to defraud, commit specified acts relating to 5
gift cards; providing criminal penalties for persons 6
who, with the intent to defraud, use gift cards or 7
gift card redemption information for certain purposes; 8
providing enhanced criminal penalties for a second or 9
subsequent violation; providing enhanced criminal 10
penalties if the value of a violation exceeds a 11
specified amount; providing that the value of 12
specified items may be aggregated to determine the 13
degree of the offense; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Section 817.091, Florida Statutes, is created 18
to read: 19
817.091 Fraudulent use of gift cards. — 20
(1) As used in this section, the term: 21
(a) "Cardholder" means a person to whom a ph ysical or 22
virtual gift card is sold, gifted, or issued following the 23
authorized sale of the gift card. 24
(b) "Card issuer" means a person who issues a gift card or 25
CS/HB 1007 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1007-01-c1
Page 2 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the agent of that person with respect to that card. 26
(c) "Gift card" means a physical or vi rtual card, code, or 27
device that may be issued to a consumer on a prepaid basis 28
primarily for personal, family, or household purposes in a 29
specified amount, regardless of whether that amount may be 30
increased or reloaded in exchange for payment, and that is 31
redeemable upon presentation by a consumer at a single merchant, 32
a group of affiliated merchants, or a group of unaffiliated 33
merchants. 34
(d) "Gift card redemption information" means information 35
unique to each gift card which allows the cardholder to acce ss, 36
transfer, or spend the funds on that gift card. 37
(e) "Gift card seller" means a merchant that is engaged in 38
the business of selling gift cards to consumers. 39
(f) "Value" means the greatest amount of economic loss the 40
card issuer, gift card seller, or cardholder might reasonably 41
suffer, including the full or maximum monetary face or load 42
value of the gift card, regardless of whether the gift card has 43
been activated. 44
(2) It is unlawful for a person, with the intent to 45
defraud: 46
(a) To acquire or reta in possession of a gift card or of 47
gift card redemption information without the consent of the 48
cardholder, card issuer, or gift card seller. 49
(b) To alter or tamper with a gift card or its packaging. 50
CS/HB 1007 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1007-01-c1
Page 3 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) To devise a scheme to obtain a gift card or gift card 51
redemption information from a cardholder, card issuer, or gift 52
card seller by means of false or fraudulent pretenses, 53
representations, or promises. 54
(d) To use, for the purpose of obtaining money, goods, 55
services, or anything else of value, a gift ca rd or gift card 56
redemption information that has been obtained in violation of 57
this subsection. 58
(3)(a) Except as provided in paragraph (b), a person who 59
violates subsection (2) commits a misdemeanor of the first 60
degree, punishable as provided in s. 775.08 2 or s. 775.083. 61
(b) A person commits a felony of the third degree, 62
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 63
if: 64
1. The person violates subsection (2) and has previously 65
been convicted of a violation of subsection (2). 66
2. The value of any gift card; gift card redemption 67
information; or money, goods, services, or other thing of value 68
obtained as a result of violating subsection (2) exceeds $750. 69
(c) For the purposes of this subsection, the value of any 70
gift card; gift card red emption information; or money, goods, 71
services, or other thing of value obtained as a result of 72
violating subsection (2) may be aggregated to determine the 73
degree of the offense. 74
Section 2. This act shall take effect October 1, 2025. 75