Leawood, Kan. – January 9, 2026: Florida lawmakers are moving toward tighter consumer protections around promotional gift cards. Florida House Bill 707 and Senate Bill 826 (collectively, the “Florida Bill”) propose changes that directly affect whether retailers can impose expiration dates and dormancy fees on some closed loop reward cards, loyalty cards and promotional gift cards, including those given to consumers. To do this, the Florida Bill first expands the definition of “gift certificate” and then removes the provisions authorizing expiration of gift certificates under specified situations, as well as dormancy fees.
Specifically, the Florida Bill revises the definition of “gift certificate” to include reward cards, consumer loyalty cards and promotional gift cards. Fla. H.B. 707, §1 (2026); and Fla. S.B. 826, §1 (2026) (proposed §501.95(1)(b) Fla. Stat.). It then proposes to remove the provisions authorizing the expiration of gift certificates, as it relates to reward cards, loyalty cards and promotional gift cards. Specifically, it no longer allows an expiration date on a reward card, consumer loyalty card or promotional gift card when the recipient does not pay a separate identifiable charge for the loyalty or promotional card. Id. at (proposed §501.95(2)(a) Fla. Stat.).
Historically, Florida law allowed closed loop reward, promotional or loyalty cards to expire or be reduced by a dormancy fee if the consumer did not directly pay for the card. See, Fla. Stat. Ann. § 501.95(2)(a) (2025).
If enacted, the Florida Bill would mean that most reward, loyalty and promotional cards that meet the statutory definition could no longer carry expiration dates, as well as impose any dormancy fees. Retailers would be required to honor these reward, loyalty and promotional cards indefinitely, similar to how traditional gift cards are currently treated under Florida law. Limited exceptions still apply for specific categories such as charitable gift certificates and certain employee incentive programs, which retain minimum expiration periods defined by statute, but typical consumer-facing reward, loyalty and promotional programs would not fall into those carve-outs. Id. at (proposed §501.95(2)(a) Fla. Stat.).
For card issuers and retailers, the impact is practical. Reward, loyalty and promotional programs that currently rely on expiring points, promotional balances, or limited-time reward stored value will need to be restructured to align with a no-expiration and no-dormancy fee framework to avoid non-compliance.
The Florida Bill also recodifies the reference to secondhand goods and the unclaimed property act with no substantive changes. Id. at §3 and 4.
If passed, the effective date of the Florida Bill would be July 1, 2026. H.B. 707, Sec. 4 (2026); and Fla. S.B. 826, §1 (2026). The Florida Legislative Session is scheduled to begin January 13, 2026. Card Compliant will continue to monitor and provide updates regarding the legislation.
To view both proposed bills, click here: House Bill 707 and Senate Bill 826
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