Florida SB 826: Child Protection Teams

Bill Text

826 
Gift Certificates 
2025-12-09T08:49:43Z 
Revising the definition of the term “gift certificate”; deleting provisions authorizing the expiration of a gift certificate under specified circumstances, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 826 

 By Senator Leek 

 7-00351A-26 2026826__ 
 1 A bill to be entitled 
 2 An act relating to gift certificates; amending s. 
 3 501.95, F.S.; revising the definition of the term 
 4 “gift certificate”; deleting provisions authorizing 
 5 the expiration of a gift certificate under specified 
 6 circumstances; reenacting ss. 538.03(1)(i) and 
 7 717.1045, F.S., relating to definitions regarding 
 8 secondhand dealers and to gift certificates and 
 9 similar credit items, respectively, to incorporate the 
 10 amendment made to s. 501.95, F.S., in references 
 11 thereto; providing an effective date. 
 12 
 13 Be It Enacted by the Legislature of the State of Florida: 
 14 
 15 Section 1. Paragraph (b) of subsection (1) and paragraph 
 16 (a) of subsection (2) of section 501.95, Florida Statutes, are 
 17 amended to read: 
 18 501.95 Gift certificates and credit memos.— 
 19 (1) As used in this section, the term: 
 20 (b) “Gift certificate” means a certificate, gift card, 
 21 stored value card, reward card, consumer loyalty card, 
 22 promotional gift card, or similar instrument purchased for 
 23 monetary consideration when the certificate, card, or similar 
 24 instrument is redeemable for merchandise, food, or services 
 25 regardless of whether any cash may be paid to the owner of the 
 26 certificate, card, or instrument as part of the redemption 
 27 transaction, but this term does shall not include tickets as 
 28 specified in s. 717.1355 or manufacturer or retailer discounts 
 29 and coupons. 
 30 (2)(a) A gift certificate purchased or credit memo issued 
 31 in this state may not have an expiration date, expiration 
 32 period, or any type of postsale charge or fee imposed on the 
 33 gift certificate or credit memo, including, but not limited to, 
 34 service charges, dormancy fees, account maintenance fees, or 
 35 cash-out fees. However, a gift certificate may have an 
 36 expiration date of not less than 3 years if it is provided as a 
 37 charitable contribution, or not less than 1 year if it is 
 38 provided as a benefit pursuant to an employee-incentive program, 
 39 and the expiration date is prominently disclosed in writing to 
 40 the consumer at the time it is provided. In addition, a gift 
 41 certificate may have an expiration date if it is provided to the 
 42 recipient, or to a purchaser for transfer to the recipient, as 
 43 part of a loyalty or promotional program when the recipient does 
 44 not pay a separate identifiable charge for the certificate, or 
 45 if it is provided in conjunction with a convention, conference, 
 46 vacation, or sporting or fine arts event having a limited 
 47 duration so long as the majority of the value paid by the 
 48 recipient is attributable to the convention, conference, 
 49 vacation, or event. An issuer may honor a gift certificate that 
 50 has expired on or before the effective date of this act. 
 51 Section 2. For the purpose of incorporating the amendment 
 52 made by this act to section 501.95, Florida Statutes, in a 
 53 reference thereto, paragraph (i) of subsection (1) of section 
 54 538.03, Florida Statutes, is reenacted to read: 
 55 538.03 Definitions; applicability.— 
 56 (1) As used in this part, the term: 
 57 (i) “Secondhand goods” means personal property previously 
 58 owned or used which is not regulated metals property regulated 
 59 under part II and which is purchased, consigned, or traded as 
 60 used property. The term includes gift certificates and credit 
 61 memos as defined in s. 501.95 which are purchased, consigned, or 
 62 traded by a secondhand dealer. The term does not include office 
 63 furniture; pianos; books; clothing; organs; coins; motor 
 64 vehicles; costume jewelry; gold, silver, platinum, palladium, or 
 65 rhodium bullion that has been assayed and is properly marked as 
 66 to its weight and fineness; cardio and strength training or 
 67 conditioning equipment designed primarily for indoor use; and 
 68 secondhand sports equipment that is not permanently labeled with 
 69 a serial number. As used in this paragraph, the term “secondhand 
 70 sports equipment” does not include golf clubs. 
 71 Section 3. For the purpose of incorporating the amendment 
 72 made by this act to section 501.95, Florida Statutes, in a 
 73 reference thereto, section 717.1045, Florida Statutes, is 
 74 reenacted to read: 
 75 717.1045 Gift certificates and similar credit items. 
 76 Notwithstanding s. 717.117, an unredeemed gift certificate or 
 77 credit memo as defined in s. 501.95 is not required to be 
 78 reported as unclaimed property. 
 79 (1) The consideration paid for an unredeemed gift 
 80 certificate or cre