The bill establishes a new section, 817.091, in the Florida Statutes, which addresses the fraudulent use of gift cards. It defines key terms such as "cardholder," "card issuer," "gift card," "gift card redemption information," "gift card seller," and "value." The legislation outlines specific unlawful acts related to gift cards that are committed with the intent to defraud, including acquiring or retaining possession of a gift card without consent, altering or tampering with a gift card, and using fraudulent means to obtain gift card information.
The bill also stipulates criminal penalties for violations, categorizing them as either a first-degree misdemeanor or a third-degree felony, depending on the circumstances. A first-degree misdemeanor applies to general violations, while a third-degree felony is designated for repeat offenders or when the value involved exceeds $750. Additionally, the bill allows for the aggregation of values to determine the degree of the offense. The act is set to take effect on October 1, 2025.