CS for SB 1198 First Engrossed 20251198e1 1 A bill to be entitled 2 An act relating to fraudulent use of gift cards; 3 creating s. 817.091, F.S.; defining terms; providing 4 criminal penalties for persons who, with the intent to 5 defraud, commit specified prohibited acts related to 6 gift cards; providing criminal penalties for persons 7 who, with the intent to defraud, use for certain 8 purposes gift cards or gift card redemption 9 information; providing enhanced criminal penalties; 10 authorizing the aggregating of specified values to 11 determine the degree of an offense; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Section 817.091, Florida Statutes, is created to 17 read: 18 817.091Fraudulent use of gift cards. 19 (1)As used in this section, the term: 20 (a)Cardholder means a person to whom a physical or 21 virtual gift card is sold, gifted, or issued following the 22 authorized sale of the gift card. 23 (b)Card issuer means a person that issues a gift card or 24 the agent of that person with respect to that card. 25 (c)Gift card means a physical or virtual card, code, or 26 device that may be issued to a consumer on a prepaid basis 27 primarily for personal, family, or household purposes in a 28 specified amount, regardless of whether that amount may be 29 increased or reloaded in exchange for payment, and that is 30 redeemable upon presentation by a consumer at a single merchant, 31 a group of affiliated merchants, or a group of unaffiliated 32 merchants. 33 (d)Gift card redemption information means information 34 unique to each gift card which allows the cardholder to access, 35 transfer, or spend the funds on that gift card. 36 (e)Gift card seller means a merchant that is engaged in 37 the business of selling gift cards to consumers. 38 (f)Value means the greatest amount of economic loss the 39 card issuer, gift card seller, or cardholder might reasonably 40 suffer, including the full or maximum monetary face or load 41 value of the gift card, regardless of whether the gift card has 42 been activated. 43 (2)It is unlawful for a person, with the intent to 44 defraud: 45 (a)To acquire or retain possession of a gift card or of 46 gift card redemption information without the consent of the 47 cardholder, card issuer, or gift card seller. 48 (b)To alter or tamper with a gift card or its packaging. 49 (c)To devise a scheme to obtain a gift card or gift card 50 redemption information from a cardholder, card issuer, or gift 51 card seller by means of false or fraudulent pretenses, 52 representations, or promises. 53 (d)To use, for the purpose of obtaining money, goods, 54 services, or anything else of value, a gift card or gift card 55 redemption information that has been obtained in violation of 56 this subsection. 57 (3)(a)Except as provided in paragraph (b), a person who 58 violates subsection (2) commits a misdemeanor of the first 59 degree, punishable as provided in s. 775.082 or s. 775.083. 60 (b)A person commits a felony of the third degree, 61 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 62 if: 63 1.The person violates subsection (2) and has previously 64 been convicted of a violation of subsection (2). 65 2.The value of any gift card; gift card redemption 66 information; or money, goods, services, or other thing of value 67 obtained as a result of violating subsection (2) exceeds $750. 68 (c)For the purposes of this subsection, the value of any 69 gift card; gift card redemption information; or money, goods, 70 services, or other thing of value obtained as a result of 71 violating subsection (2) may be aggregated to determine the 72 degree of the offense. 73 Section 2.This act shall take effect October 1, 2025.