HB 1007 — Fraudulent Use of Gift Cards

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 HBCS/HB 1007 2025 A bill to be entitled An act relating to offensesfraudulent involvinguse of gift cards;

creating ss.s.

812.0152,817.091, 817.5696, and 831.095, F.S.;

prohibitingproviding giftcriminal cardpenalties theft,for giftpersons cardwho, fraud,with andthe giftintent cardto forgery,defraud, respectively;commit specified acts relating to gift cards;

providing criminal penalties;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;

9 Be It Enacted by the Legislature of the State of Florida:

Section 812.0152,817.091, Florida Statutes, is created to read:

812.0152817.091 GiftFraudulent carduse theft.—of gift cards.— (1) As used in this section, the term:

(a) "Card"Cardholder" issuer" means thea issuerperson ofto whom a physical or virtual gift card oris ansold, agentgifted, ofor suchissued issuerfollowing withthe respectauthorized tosale suchof the gift card.

(b) "Cardholder""Card issuer" means a person towho whomissues a physical or virtual gift card is issued or aPage person1 who has agreed with the card issuer to pay obligations arising from the issuance of a3 giftCODING: card to another person.

(c) "Closed-loop gift card" means a card, code, or device that is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and that is redeemable upon Page 1 of 4 CODING:

hb1007-00hb1007-01-c1 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 HBCS/HB 1007 2025 presentationthe byagent aof consumerthat atperson awith singlerespect merchantto orthat groupcard. of affiliated merchants.

(d)(c) "Gift card" means a physical or digitalvirtual closed-loopcard, giftcode, cardor device that may be issued to a consumer on a prepaid basis primarily for personal, family, or open-loophousehold giftpurposes cardin a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and that is eitherredeemable activatedupon presentation by a consumer at a single merchant, a group of affiliated merchants, or inactivated.a group of unaffiliated merchants.

(e)(d) "Gift card redemption information" means information unique to each gift card which allows the cardholder to access, transfer, or spend the funds on suchthat gift card.

(f)(e) "Gift card seller" means a merchant that is engaged in the business of selling open-loop gift cards or closed-loop gift cards to consumers.

(g)(f) "Open-loop"Value" gift card" means athe card,greatest code,amount orof deviceeconomic thatloss isthe issuedcard toissuer, agift consumercard onseller, a prepaid basis primarily for personal, family, or householdcardholder purposesmight inreasonably asuffer, specifiedincluding amount,the regardlessfull ofor whethermaximum thatmonetary amountface may be increased or reloadedload invalue exchangeof forthe payment,gift andcard, thatregardless isof redeemablewhether uponthe presentationgift bycard ahas consumerbeen atactivated. multiple unaffiliated merchants for goods or services within the card network.

(h)(2) "Value"It meansis theunlawful full monetary face value of a gift card or, for a variable-loadperson, giftwith card, the potentialintent valueto ofdefraud: the variable-load gift card.

(2)(a) ATo personacquire who, with intent to defraud, acquires or retainsretain possession of a gift card or of gift card redemption information without the consent of the cardholder, card issuer, or gift card sellerseller. commits gift card theft, punishable as Page 2 of 4 CODING:

(b) To alter or tamper with a gift card or its packaging.

Page 2 of 3 CODING:

hb1007-00hb1007-01-c1 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 HBCS/HB 1007 2025 provided(c) inTo s.devise a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises.

812.014.(d) To use, for the purpose of obtaining money, goods, services, or anything else of value, a gift card or gift card redemption information that has been obtained in violation of this subsection.

(3)(3)(a) AExcept personas who,provided within intentparagraph to(b), defraud,a uses,person forwho theviolates purposesubsection of(2) obtainingcommits money,a goods,misdemeanor services, or anything else of value,the afirst giftdegree, cardpunishable oras giftprovided card redemption information that has been obtained in violation of subsection (2) or s.

831.095775.082 commitsor gift card theft, punishable as provided in s.

812.014.775.083.

Section(b) 2.A person commits a felony of the third degree, punishable as provided in s.

Section 817.5696, Florida Statutes, is created to read:

817.5696 Gift card fraud.— (1) As used in this section, the terms "gift card," "gift card redemption information," "cardholder," "card issuer," and "gift card seller" have the same meanings as in s.

812.0152(1).

(2) A person who, with intent to defraud, knowingly devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises commits gift card fraud, a felony of the third degree, punishable as provided in s.

775.084.775.084, if:

Section1. 3.

SectionThe 831.095,person Floridaviolates Statutes,subsection is(2) createdand tohas read:previously been convicted of a violation of subsection (2).

831.0952. Gift card forgery.— (1) As used in this section, the term "gift card" has the same meaning as in s.

812.0152(1).The value of any gift card;

(2) A person who, with intent to injure or defraud, alters or tampers with a gift card commitsredemption giftinformation; card forgery, a felony Page 3 of 4 CODING:

Wordsor strickenmoney, aregoods, deletions;services, or other thing of value obtained as a result of violating subsection (2) exceeds $750.