Companion bills designed to crack down on gift card fraud in Florida are close to passing. Both await floor votes.
Members of the House Judiciary Committee voted unanimously Wednesday to advance HB 1007, which would codify language and punishments specific to gift card fraud in Florida Statutes.
Senate lawmakers did the same for the bill’s upper-chamber analog (SB 1198) Tuesday.
The House bill’s sponsor, St. Augustine Republican Rep. Sam Greco, a lawyer, said the crime his legislation aims to address “has victimized many Floridians in recent years.”
“These schemes have resulted in meaningful financial losses for both consumers and businesses, while our law enforcement and State Attorneys lack the necessary tools to combat this misconduct effectively,” he said.
“The bill aims to protect Floridians from exploitation and give our police and prosecutors the tools they need to hold bad actors accountable.”
SB 1198 and HB 1007 differ slightly in language, but their effects are essentially the same. If passed, the legislation would:
— Establish clear definitions for gift cards and terms related to their use and misuse.
— Make committing gift card fraud a first-degree misdemeanor punishable by up to a year in jail and $1,000 in fines.
— Increase the penalty to a third-degree felony, punishable by up to five years in prison and $5,000 in fines, if the value of ill-gotten money, goods or services exceeds $750.
Representatives from the International Council of Shopping Centers, Florida Chamber of Commerce, Florida Retail Federation, Florida Restaurant and Lodging Association, Associated Industries of Florida, Florida Smart Justice Alliance, AARP and Interactive Communications International support the legislation.
In 2023 alone, gift card-related fraud accounted for $217 million of the record $10 billion lost in scams across the U.S., according to Federal Trade Commission data.
In Florida, there have been many news reports about gift card fraudsters getting caught.
Democratic Rep. Dan Daley, a Broward County prosecutor, said the state’s existing petit theft laws aren’t sufficient in tamping down on gift card fraud.
“This is not a person that’s going in and just taking a gift card or two off the shelf,” he said.
“This is a complicated scheme where they’re going in, taking as many as they can, taking them home, stripping them out of the packaging, taking down the information, repackaging it, putting it back in the store, somebody’s unexpectedly buying them and giving them to a loved one — a family member, whatever — as a gift, and when there’s money loaded onto the card (the criminal takes) the money. … So, very complicated, very complex.”
St. Petersburg Sen. Nick DiCeglie is carrying SB 1198.
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