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Bill > H1007


FL H1007

Fraudulent Use of Gift Cards


summary

Introduced
02/25/2025
In Committee
03/20/2025
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

An act relating to fraudulent use of gift cards; creating s. 817.091, F.S.; providing definitions; providing criminal penalties for persons who, with the intent to defraud, commit specified acts relating to gift cards; providing criminal penalties for persons who, with the intent to defraud, use gift cards or gift card redemption information for certain purposes; providing enhanced criminal penalties for a second or subsequent violation; providing enhanced criminal penalties if the value of a violation exceeds a specified amount; providing that the value of specified items may be aggregated to determine the degree of the offense; providing an effective date.

AI Summary

This bill creates a new section in Florida Statutes addressing fraudulent use of gift cards, establishing comprehensive definitions and criminal penalties for various fraudulent activities related to gift cards. The bill defines key terms such as "gift card" (a prepaid card for personal use redeemable at one or more merchants), "cardholder" (the person to whom a gift card is sold or issued), and "value" (the potential economic loss that could be suffered). It makes it illegal for a person to fraudulently acquire or retain possession of a gift card or its redemption information without consent, alter or tamper with a gift card, devise schemes to obtain gift cards through false pretenses, or use fraudulently obtained gift card information to obtain money, goods, or services. The bill establishes graduated criminal penalties, with first-time offenses treated as first-degree misdemeanors and subsequent offenses or frauds involving more than $750 being classified as third-degree felonies. Additionally, the bill allows for aggregating the value of fraudulent transactions to determine the severity of the offense, and it will take effect on October 1, 2025, providing clear legal framework and deterrence for gift card fraud in Florida.

Committee Categories

Justice

Sponsors (7)

Other Sponsors (1)

Criminal Justice Subcommittee (H)

Last Action

Laid on Table, refer to CS/SB 1198 (on 04/29/2025)

bill text


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