Bad Check:

Worthless Checks:

Any person who issues a worthless checks may be prosecuted under Chapter 832 of the Florida Statutes.  A person is presumed to have the intent to defraud or knowledge of insufficient funds in the drawee bank unless he or she, or someone for him or her, have paid the holder of the worthless check the face amount of the check, together with a service charge not to exceed the service fees authorized under Section  832.08(5) of the Florida Statutes or an amount of up to 5 percent of the face amount of the check, whichever is greater, within 7 days after receiving written notice that such check has not been paid to the holder thereof, and bank fees incurred by the holder. (Section 832.07.)   This penalty does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the maker did not have on deposit or to the maker's credit with the drawee sufficient funds to ensure payment, nor does this apply to any postdated check. (Section 832.05(2)(a).)

In the event of legal action for recovery, the maker of the worthless check may be additionally liable for court costs and reasonable attorney's fees. The required Notice must be mailed by certified or registered mail, evidenced by return receipt, to the address printed on the check or given at the time of issuance and may be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice is returned undelivered or not. The form of the written notice demanding payment is required to be substantially as follows (Section 832.07):
 

 "You are hereby notified that a check, numbered _____, in the face amount of $_____, issued by you on  (date) , drawn upon  (name of bank) , and payable to _____, has been dishonored. Pursuant to Florida law, you have 7 days from receipt of this notice to tender payment of the full amount of such check plus a service charge of $25, if the face value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value exceeds $300, or an amount of up to 5 percent of the face amount of the check, whichever is greater, the total amount due being $_____ and _____ cents. Unless this amount is paid in full within the time specified above, the holder of such check may turn over the dishonored check and all other available information relating to this incident to the state attorney for criminal prosecution. You may be additionally liable in a civil action for triple the amount of the check, but in no case less than $50, together with the amount of the check, a service charge, court costs, reasonable attorney fees, and incurred bank fees, as provided in s. 68.065."

Subsequent persons receiving a check from the original payee or a successor endorsee have the same rights that the original payee has against the maker of the instrument, provided such subsequent persons give notice in a substantially similar form to that provided above. Subsequent persons providing such notice shall be immune from civil liability for the giving of such notice and for proceeding under the forms of such notice, so long as the maker of the instrument has the same defenses against these subsequent persons as against the original payee. However, the statutory remedies available may be exercised only by one party in interest. (Section 832.07.)

In any prosecution or action of a worthless check, payment of the check by the debtor does not constitute a defense or ground for dismissal of the charges. (Section 832.05(5).)   In a criminal prosecution, the maker of the worthless check may be subject to a misdemeanor charge if the violation involves a misdemeanor in the check amount is less than $150.00, or a felony if the check is in excess of that amount. (Section 832.05(4)(c).)