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HB 707 2026
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hb707-00
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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
A bill to be entitled 1
An act relating to gift certificates; amending s. 2
501.95, F.S.; revising the definition of the term 3
"gift certificate"; deleting provisions authorizing 4
the expiration of a gift certificate under specified 5
circumstances; reenacting ss. 538.03(1)(i) and 6
717.1045, F.S., relating to definitions regarding 7
secondhand dealers and to gift certificates and 8
similar credit items, respectively, to incorporate the 9
amendment made to s. 501.95, F.S., in references 10
thereto; providing an effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Paragraph (b) of subsection (1) and paragraph 15
(a) of subsection (2) of section 501.95, Florida Statutes, are 16
amended to read: 17
501.95 Gift certificates and credit memos.— 18
(1) As used in this section, the term: 19
(b) "Gift certificate" means a certificate, gift card, 20
stored value card, reward card, consumer loyalty card, 21
promotional gift card, or similar instrument purchased for 22
monetary consideration when the certificate, card, or similar 23
instrument is redeemable for merchandise, food, or services 24
regardless of whether any cash may be paid to the owner of the 25
HB 707 2026
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hb707-00
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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
certificate, card, or instrument as part of the redemption 26
transaction, but this term does shall not include tickets as 27
specified in s. 717.1355 or manufacturer or retailer discounts 28
and coupons. 29
(2)(a) A gift certificate purchased or credit memo issued 30
in this state may not have an expiration date, expiration 31
period, or any type of postsale charge or fee imposed on the 32
gift certificate or credit memo, including, but not limited to, 33
service charges, dormancy fees, account maintenance fees, or 34
cash-out fees. However, a gift certificate may have an 35
expiration date of not less than 3 years if it is provided as a 36
charitable contribution, or not less than 1 year if it is 37
provided as a benefit pursuant to an employee-incentive program, 38
and the expiration date is prominently disclosed in writing to 39
the consumer at the time it is provided. In addition, a gift 40
certificate may have an expiration date if it is provided to the 41
recipient, or to a purchaser for transfer to the recipient, as 42
part of a loyalty or promotional program when the recipient does 43
not pay a separate identifiable charge for the certificate, or 44
if it is provided in conjunction with a convention, conference, 45
vacation, or sporting or fine arts event having a limited 46
duration so long as the majority of the value paid by the 47
recipient is attributable to the convention, conference, 48
vacation, or event. An issuer may honor a gift certificate that 49
has expired on or before the effective date of this act. 50
HB 707 2026
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hb707-00
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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
Section 2. For the purpose of incorporating the amendment 51
made by this act to section 501.95, Florida Statutes, in a 52
reference thereto, paragraph (i) of subsection (1) of section 53
538.03, Florida Statutes, is reenacted to read: 54
538.03 Definitions; applicability.— 55
(1) As used in this part, the term: 56
(i) "Secondhand goods" means personal property previously 57
owned or used which is not regulated metals property regulated 58
under part II and which is purchased, consigned, or traded as 59
used property. The term includes gift certificates and credit 60
memos as defined in s. 501.95 which are purchased, consigned, or 61
traded by a secondhand dealer. The term does not include office 62
furniture; pianos; books; clothing; organs; coins; motor 63
vehicles; costume jewelry; gold, silver, platinum, palladium, or 64
rhodium bullion that has been assayed and is properly marked as 65
to its weight and fineness; cardio and strength training or 66
conditioning equipment designed primarily for indoor use; and 67
secondhand sports equipment that is not permanently labeled with 68
a serial number. As used in this paragraph, the term "secondhand 69
sports equipment" does not include golf clubs. 70
Section 3. For the purpose of incorporating the amendment 71
made by this act to section 501.95, Florida Statutes, in a 72
reference thereto, section 717.1045, Florida Statutes, is 73
reenacted to read: 74
717.1045 Gift certificates and similar credit items.—75
HB 707 2026
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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
Notwithstanding s. 717.117, an unredeemed gift certificate or 76
credit memo as defined in s. 501.95 is not required to be 77
reported as unclaimed property. 78
(1) The consideration paid for an unredeemed gift 79
certificate or credit memo is the property of the issuer of the 80
unredeemed gift certificate or credit memo. 81
(2) An unredeemed gift certificate or credit memo is 82
subject only to any rights of a purchaser or owner thereof and 83
is not subject to a claim made by any state acting on behalf of 84
a purchaser or owner. 85
(3) It is the intent of the Legislature that this section 86
apply to the custodial holding of unredeemed gift certificates 87
and credit memos. 88
(4) However, a gift certificate or credit memo described 89
in s. 501.95(2)(b) shall be reported as unclaimed property. The 90
consideration paid for such a gift certificate or credit memo is 91
the property of the owner of the gift certificate or credit 92
memo. 93
Section 4. This act shall take effect July 1, 2026. 94