Florida criminal charge
Fraudulent use of gift cards in Florida
Fraudulent use of gift cards is a criminal offense under Florida law, defined by Fla. Stat. § 817.091. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 817.091.
What is the penalty for fraudulent use of gift cards in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Fraudulent use of gift cards — base offense — A person violates subsection (2) and none of the enhancing factors in paragraph (b) apply.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Fraudulent use of gift cards — base offense — A person violates subsection (2) and none of the enhancing factors in paragraph (b) apply.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Fraudulent use of gift cards — prior conviction or value exceeds $750 — The person violates subsection (2) and either has a prior conviction for violating subsection (2), or the value of the gift card, gift card redemption information, or thing of value obtained exceeds $750.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Fraudulent use of gift cards — prior conviction or value exceeds $750 — The person violates subsection (2) and either has a prior conviction for violating subsection (2), or the value of the gift card, gift card redemption information, or thing of value obtained exceeds $750.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is fraudulent use of gift cards classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Fraudulent use of gift cards — base offense | Misdemeanor of the First Degree | A person violates subsection (2) and none of the enhancing factors in paragraph (b) apply. | Fla. Stat. § 817.091(3)(a) |
| Fraudulent use of gift cards — prior conviction or value exceeds $750 | Felony of the Third Degree | The person violates subsection (2) and either has a prior conviction for violating subsection (2), or the value of the gift card, gift card redemption information, or thing of value obtained exceeds $750. | Fla. Stat. § 817.091(3)(b) |
Common questions about fraudulent use of gift cards in Florida
Is fraudulent use of gift cards a felony or a misdemeanor in Florida?
It depends on the circumstances: fraudulent use of gift cards ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 817.091.
Fraudulent use of gift cards — base offense: Misdemeanor of the First Degree (Fla. Stat. § 817.091(3)(a)) · Fraudulent use of gift cards — prior conviction or value exceeds $750: Felony of the Third Degree (Fla. Stat. § 817.091(3)(b))
What are the penalties for fraudulent use of gift cards in Florida?
Penalties for fraudulent use of gift cards in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers fraudulent use of gift cards?
Fraudulent use of gift cards is governed by Fla. Stat. § 817.091 (Fraudulent use of gift cards).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.