Florida prohibits expiration dates and post-sale fees on gift certificates with limited exceptions. Single-merchant gift certificate balances are not generally subject to escheat.
Federal context
Under the federal Credit CARD Act of 2009 and its implementing Regulation E (12 CFR 1005.20), gift certificates and most general-use and store gift cards sold in the United States must remain valid for at least five years from the date of issuance or last load. Federal law also restricts dormancy, inactivity, and service fees: a fee can generally be charged only if the card has been inactive for at least 12 months, the fee is disclosed, and no more than one fee is charged per month. State laws may add stronger consumer protections on top of this federal floor.
For a deeper federal explainer, see our CARD Act overview.
Expiration rules in Florida
Florida Statute §501.95 prohibits the imposition of an expiration date on a gift certificate or credit memo. Narrow exceptions exist for certificates given away for free as part of a promotion, and for promotional gift certificates with clearly disclosed terms.
For a typical retail or service-business gift certificate sold in Florida, no expiration is permitted.
Dormancy and service fees in Florida
Florida law prohibits post-sale dormancy, service, and similar fees on gift certificates. This is one of the most protective fee regimes in the country.
Cash redemption for small balances
Florida does not impose a statutory small-balance cash redemption requirement comparable to California's $10 threshold.
Disclosure requirements
Federal Regulation E disclosures apply. Florida operators should also clearly state the no-expiration policy.
Unclaimed property and escheatment
Florida Statute §717.1045 exempts gift certificates from the unclaimed property reporting requirements. This significantly reduces escheat-related liability for Florida-based operators of single-merchant programs.
Enforcement and penalties
The Florida Office of the Attorney General enforces consumer protection, including the gift certificate statute under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Civil penalties and restitution can result from violations.
Recent updates
Florida's gift certificate framework has been stable. Operators should still monitor the Florida Legislature for any amendments.
Last reviewed: May 24, 2026. Statutes change. Verify the current text of the cited statute before acting on this summary.
Florida compliance checklist
A short operational checklist for selling gift certificates in Florida. Adapt with counsel before publishing your final policy.
- Print 'No expiration date' on all gift certificates sold in Florida.
- Do not charge dormancy or service fees post-sale.
- Apply the §717.1045 escheat exemption when filing unclaimed property reports.
- Maintain a clear, written gift certificate policy.
Frequently asked questions about Florida gift card law
Can a Florida hotel issue a gift certificate with a one-year expiration for a specific package?
Promotional certificates with clearly disclosed terms can sometimes have expirations, but the rule is narrow. For a standard 'value-on-account' gift certificate (cash equivalent), no expiration is allowed. Consult Florida counsel for package-specific structures.
Are restaurant comp cards considered gift certificates in Florida?
It depends on whether they were sold for value. Cards given away for free (e.g., complimentary appetizer cards) are typically not subject to the same restrictions as cash-equivalent gift certificates.
Related legal basics
- Do Gift Certificates Expire? — A practical overview of federal and state rules on gift certificate expiration, written in plain English.
- Can You Charge Fees on Gift Certificates? — Federal and state rules on inactivity, dormancy, and service fees for gift cards.