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SB 1198

Fraudulent Use of Gift Cards

2025 Regular Session Introduced by Nick DiCeglie and 1 co-sponsor

Florida criminalizes fraudulent gift card use and sale, establishing penalties for theft and trafficking in compromised gift card data.

Chapter No. 2025-151
#crimes
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WeVote Research Nonpartisan
Bill Summary · SB 1198

Legislative bill overview

SB 1198 criminalizes the fraudulent use, sale, or transfer of gift cards, establishing it as a criminal offense in Florida. The bill creates penalties for individuals who knowingly use stolen, fraudulently obtained, or misrepresented gift cards, as well as for those who facilitate such fraud through purchasing or selling compromised gift card information.

Why is this important

Gift card fraud has become an increasingly common form of theft targeting both retailers and consumers. This legislation provides law enforcement with specific statutory tools to prosecute gift card-related crimes and allows retailers to better protect customers from financial losses, while also addressing the growing secondary market for stolen gift card data.

Potential points of contention

  • Definitional scope: The bill's specific definitions of what constitutes "fraudulent use" versus legitimate resale or transfer of gift cards may create enforcement ambiguity in edge cases
  • Retailer vs. consumer liability: Unclear assignment of responsibility between retailers who issue gift cards and consumers who purchase them, particularly regarding due diligence requirements
  • Enforcement resources: Criminal prosecution requires investigation and law enforcement resources; effectiveness depends on adequate funding and training for authorities

Compiled from official sources — confirm details with the bill’s official record.

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