Gift cards purchased in Florida do not expire. State law prohibits expiration dates and post-sale fees on any gift certificate, gift card, or stored-value card bought with money and redeemable for merchandise, food, or services. That protection is stronger than the federal baseline, which allows expiration dates as long as they sit at least five years out. A handful of card types fall outside the rule, but the standard card you buy at a store or restaurant should hold its full value indefinitely.
What Florida Law Actually Says
Florida Statutes Section 501.95 governs gift cards sold in the state. If you paid for the card, it cannot carry an expiration date or expiration period of any kind.1Florida Senate. Florida Code Title XXXIII – Section 501.95 The same rule applies to credit memos issued when you return merchandise.
The prohibition is absolute. It doesn’t matter whether the card prints “expires 12/2027” on the front or hides a deadline in the terms. If the card was purchased in Florida and fits the statute, that expiration date is unenforceable. An issuer can voluntarily honor an expired card, but it cannot lawfully require one to expire.
Fees Are Banned Too
The same statute prohibits any type of post-sale charge on a purchased gift card, including dormancy fees, service charges, account maintenance fees, and cash-out fees.1Florida Senate. Florida Code Title XXXIII – Section 501.95 Every dollar you load should still be there when you go to spend it.
If you see a dormancy or maintenance fee deducted from a Florida-purchased gift card, the merchant is violating state law.
Which Cards Can Still Expire in Florida
Not every card that looks like a gift card falls under the no-expiration rule. Section 501.95 carves out several categories:
- Cards given as a charitable contribution can expire, but the expiration must be at least three years out and prominently disclosed in writing when the card is given.1Florida Senate. Florida Code Title XXXIII – Section 501.95
- Cards issued through an employee-incentive program can expire no sooner than one year from issuance, and the date must be clearly disclosed in writing.1Florida Senate. Florida Code Title XXXIII – Section 501.95
- Cards received free through a loyalty or promotional program, with no separate charge paid for the card itself, can carry an expiration date.
- Cards tied to a convention, conference, vacation, or sporting or arts event of limited duration can expire, as long as most of the value paid is attributable to the event rather than the card.
- Gift cards sold by banks or money services businesses that are redeemable at multiple unaffiliated merchants, like Visa or Mastercard gift cards from your bank, are exempt from the no-expiration and no-fee rules.1Florida Senate. Florida Code Title XXXIII – Section 501.95
- Prepaid wireless and wireline phone cards are excluded from the statute.
The common thread across most exceptions is that you didn’t pay specifically for the gift card value. A $25 promotional card handed to you at a marketing event is treated differently than a $25 card you bought at a register. The financial-institution exception is the main outlier, covering bank-issued Visa and Mastercard gift cards even when you paid for them.
How Florida Compares to Federal Law
The federal Electronic Fund Transfer Act, as amended by the Credit CARD Act of 2009, sets a nationwide floor. Under federal law, a gift card cannot expire sooner than five years after activation or the last reload, and inactivity fees are allowed after 12 months of no activity if disclosed on the card and limited to one charge per month.2Office of the Law Revision Counsel. 15 USC 1693l-1 – General-Use Prepaid Cards, Gift Certificates, and Store Gift Cards
Florida goes further in two ways. It bans expiration dates entirely on purchased gift cards instead of pushing them out five years, and it prohibits all post-sale fees rather than regulating when and how they can be charged. For the cards Section 501.95 covers, the state rule governs. For exempt cards like bank-issued Visa gift cards, the federal five-year floor and fee-disclosure rules still apply.3eCFR. 12 CFR 1005.20 – Requirements for Gift Cards and Gift Certificates
When a Retailer Refuses to Honor Your Card
Check the card’s terms first, usually printed on the back or posted on the issuer’s website, and confirm the card falls under Section 501.95 rather than one of the exceptions. Then contact the merchant directly with your card number, purchase receipt, and any prior communications.
If the merchant won’t budge, file a complaint with the Florida Department of Agriculture and Consumer Services. The department handles consumer disputes and can mediate between you and the business.4Florida Department of Agriculture and Consumer Services. File Complaint Complaints can be submitted through the online portal.5Florida Department of Agriculture and Consumer Services. File a Complaint Include copies of your receipt, photographs of the card, and a record of your attempts to resolve the dispute.
Enforcement of Section 501.95 follows the procedures in Florida Statutes Section 501.142, which gives the state authority to pursue violations.1Florida Senate. Florida Code Title XXXIII – Section 501.95 If mediation through FDACS doesn’t resolve the complaint, the department notes that pursuing the matter through the courts may be your remaining option.
A Card That Never Expires Still Depends on the Business
Florida’s no-expiration rule doesn’t protect you from a retailer going out of business. In a Chapter 11 reorganization, the company will typically ask the bankruptcy court for permission to keep honoring gift cards during restructuring, and courts generally grant those requests, so cards often still work.
Liquidation is different. When a retailer is shutting down entirely, gift cards are frequently among the first obligations cut. Cardholders are treated as unsecured creditors, sitting behind secured lenders and priority creditors in the payment order. Recovering value from a liquidating retailer’s gift card is difficult and often not worth the effort for a typical balance. If you hear that a retailer is in financial trouble, spend the card sooner rather than later. No state law can save the balance once the doors close for good.