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Miami Worthless Check Offenses
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Florida Bad Check Law - Florida Worthless Check Offenses
832.04 Stopping payment; purchase of farm or grove products.
832.041 Stopping payment with intent to defraud.
832.05 Giving worthless checks, drafts, and debit card orders;
penalty; duty of drawee; evidence; costs; complaint form.
832.06 Prosecution for worthless checks given tax collector for
licenses or taxes; refunds.
832.062 Prosecution for worthless checks, drafts, debit card
orders, or electronic funds transfers made to pay any tax or
associated amount administered by the Department of Revenue.
832.07 Prima facie evidence of intent; identity.
832.075 Requiring credit card information for check or draft
acceptance prohibited.
832.08 State attorney bad check diversion program; fees for
collections.
832.09 Suspension of driver license after warrant or capias is
issued in worthless check case.
832.10 Alternative to bad check diversion program; fees for
collection.
832.04 Stopping payment; purchase of farm or grove products.--
(1) Whoever, with intent to defraud any producer of farm or grove
products or product of such products or product shall, in person
or by agent, make, draw, utter, deliver, or give to such producer
any check, draft, or written order for the payment of money upon
any bank, person, or corporation and secure from such producer
such products or product for or on account of such check, draft,
or written order, whether such products or product are valued at
the amount of such check, draft, or written order or at a greater
or lesser value, and who shall, pursuant to and in furtherance of
such intent to defraud, stop payment on such check, draft, or
written order, shall be deemed to be guilty of a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s.
775.083, if the value of the products or product secured for or on
account of such check, draft, or written order is $150 or more;
and if the value of the products or product secured for or on
account of such check, draft, or written order is less than $150,
he or she shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(2) In all prosecutions under this section, the introduction in
evidence of any unpaid and dishonored check, draft, or written
order for the payment of money upon any bank, person, or
corporation, bearing the drawee's refusal to pay the same because
of payment having been stopped, stamped, or written thereon or
attached thereto, shall be prima facie evidence of the making or
uttering of said check, draft, or written order, and of due
presentation to the drawee for payment, and of the dishonor
thereof, and that the same was properly dishonored because of
payment thereof having been stopped by the maker or drawer. And,
as against the maker or drawer thereof, the stopping of payment of
any such check, draft, or written order made, drawn, uttered,
delivered, or given to a producer of farm or grove products or
product in payment for any such products or product, the
possession or control of which shall have been transferred upon
faith of payment of such check, draft, or written order, whether
such products or product be valued at the amount of such check,
draft, or written order or at a greater or lesser amount, shall be
prima facie evidence that such maker or drawer had the above
mentioned intent to defraud such producer, if such maker or
drawer, or his or her agent, shall have personally inspected such
products or product at or before such transfer of possession or
control.
(3) This section shall be taken to be cumulative and shall not be
construed to repeal any other statute now in effect.
History.--ss. 1, 2, 4, ch. 26884, 1951; s. 979, ch. 71-136; s. 7,
ch. 86-161; s. 1301, ch. 97-102.
832.041 Stopping payment with intent to defraud.--
(1) Whoever, with intent to defraud any person shall, in person or
by agent, make, draw, utter, deliver, or give any check, draft, or
written order for the payment of money upon any bank, person, or
corporation and secure from such person goods or services for or
on account of such check, draft, or written order, whether such
goods or services are valued at the amount of such check, draft,
or written order or at a greater or lesser value, and who shall,
pursuant to and in furtherance of such intent to defraud, stop
payment on such check, draft, or written order, shall be deemed to
be guilty of a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084, if the value of the
goods or services secured for or on account of such check, draft,
or written order is $150 or more; and if the value of the goods or
services secured for or on account of such check, draft, or
written order is less than $150, he or she shall be guilty of a
misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
(2) This section shall be taken to be cumulative and shall not be
construed to repeal any other statute now in effect.
History.--ss. 1, 2, ch. 65-413; s. 980, ch. 71-136; s. 8, ch.
86-161; s. 1302, ch. 97-102.
832.05 Giving worthless checks, drafts, and debit card orders;
penalty; duty of drawee; evidence; costs; complaint form.--
(1) PURPOSE.--The purpose of this section is to remedy the evil of
giving checks, drafts, bills of exchange, debit card orders, and
other orders on banks without first providing funds in or credit
with the depositories on which the same are made or drawn to pay
and satisfy the same, which tends to create the circulation of
worthless checks, drafts, bills of exchange, debit card orders,
and other orders on banks, bad banking, check kiting, and a
mischief to trade and commerce.
(2) WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.--
(a) It is unlawful for any person, firm, or corporation to draw,
make, utter, issue, or deliver to another any check, draft, or
other written order on any bank or depository, or to use a debit
card, for the payment of money or its equivalent, knowing at the
time of the drawing, making, uttering, issuing, or delivering such
check or draft, or at the time of using such debit card, that the
maker or drawer thereof has not sufficient funds on deposit in or
credit with such bank or depository with which to pay the same on
presentation; except that this section 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 drawer did not have on deposit or to the
drawer's credit with the drawee sufficient funds to ensure payment
as aforesaid, nor does this section apply to any postdated check.
(b) A violation of the provisions of this subsection constitutes a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083, unless the check, draft, debit card order,
or other written order drawn, made, uttered, issued, or delivered
is in the amount of $150, or its equivalent, or more and the payee
or a subsequent holder thereof receives something of value
therefor. In that event, the violation constitutes a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(3) CASHING OR DEPOSITING ITEM WITH INTENT TO DEFRAUD; PENALTY.--
(a) It is unlawful for any person, by act or common scheme, to
cash or deposit any item, as defined in s. 674.104(1)(i), in any
bank or depository with intent to defraud.
(b) A violation of the provisions of this subsection constitutes a
felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
(4) OBTAINING PROPERTY OR SERVICES IN RETURN FOR WORTHLESS CHECKS,
DRAFTS, OR DEBIT CARD ORDERS; PENALTY.--
(a) It is unlawful for any person, firm, or corporation to obtain
any services, goods, wares, or other things of value by means of a
check, draft, or other written order upon any bank, person, firm,
or corporation, knowing at the time of the making, drawing,
uttering, issuing, or delivering of such check or draft that the
maker thereof has not sufficient funds on deposit in or credit
with such bank or depository with which to pay the same upon
presentation. However, no crime may be charged in respect to the
giving of any such check or draft or other written order when the
payee knows, has been expressly notified, or has reason to believe
that the drawer did not have on deposit or to the drawer's credit
with the drawee sufficient funds to ensure payment thereof. A
payee does not have reason to believe a payor does not have
sufficient funds to ensure payment of a check solely because the
payor has previously issued a worthless check to him or her.
(b) It is unlawful for any person to use a debit card to obtain
money, goods, services, or anything else of value knowing at the
time of such use that he or she does not have sufficient funds on
deposit with which to pay for the same or that the value thereof
exceeds the amount of credit which is available to him or her
through an overdraft financing agreement or prearranged line of
credit which is accessible by the use of the card.
(c) A violation of the provisions of this subsection, if the
check, draft, other written order, or debit card order is for an
amount less than $150 or its equivalent, constitutes a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s.
775.083. A violation of the provisions of this subsection, if the
check, draft, other written order, or debit card order is in the
amount of $150, or its equivalent, or more, constitutes a felony
of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(5) PAYMENT NO DEFENSE.--Payment of a dishonored check, draft,
bill of exchange, or other order does not constitute a defense or
ground for dismissal of charges brought under this section.
(6) "CREDIT," "DEBIT CARD" DEFINED.--
(a) The word "credit" as used herein shall be construed to mean an
arrangement or understanding with the drawee for the payment of
such check, draft, or other written order.
(b) As used in this section, the term "debit card" means a card,
code, or other device, other than a check, draft, or similar paper
instrument, by the use of which a person may order, instruct, or
authorize a financial institution to debit a demand deposit,
savings deposit, or other asset account.
(7) REASON FOR DISHONOR, DUTY OF DRAWEE.--It is the duty of the
drawee of any check, draft, or other written order, before
refusing to pay the same to the holder thereof upon presentation,
to cause to be written, printed, or stamped in plain language
thereon or attached thereto the reason for the drawee's dishonor
or refusal to pay it. In any prosecution under this section, the
introduction in evidence of any unpaid and dishonored check,
draft, or other written order having the drawee's refusal to pay
stamped or written thereon or attached thereto, with the reason
therefor as aforesaid, is prima facie evidence of the making or
uttering of such check, draft, or other written order, of the due
presentation to the drawee for payment and the dishonor thereof,
and that the same was properly dishonored for the reasons written,
stamped, or attached by the drawee on such dishonored check,
draft, or other written order. As against the maker or drawer
thereof, the withdrawing from deposit with the drawee named in the
check, draft, or other written order of the funds on deposit with
such drawee necessary to ensure payment of such check, draft, or
other written order upon presentation within a reasonable time
after negotiation or the drawing, making, uttering, or delivering
of a check, draft, or written order, payment of which is refused
by the drawee, is prima facie evidence of knowledge of
insufficient funds in or credit with such drawee. However, if it
is determined at the trial in a prosecution hereunder that the
payee of any such check, draft, or written order, at the time of
accepting such check, draft, or written order, had knowledge of or
reason to believe that the drawer of such check, draft, or other
written order did not have sufficient funds on deposit in or
credit with such drawee, then the payee instituting such criminal
prosecution shall be assessed all costs of court incurred in
connection with such prosecution.
(8) COSTS.--When a prosecution is initiated under this section
before any committing trial court judge, the party applying for
the warrant shall be held liable for costs accruing in the event
the case is dismissed for want of prosecution. No costs shall be
charged to the county in such dismissed cases.
(9) STATE ATTORNEYS; WORTHLESS CHECKS; FORM OF COMPLAINT.--The
state attorneys of Florida shall collectively promulgate a single
form to be used in all judicial circuits by persons reporting a
violation of this chapter.
(10) CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT FUNDS.--For the
purposes of construction of this section, a payee or holder does
not have knowledge, express notification, or reason to believe
that the maker or drawer has insufficient funds to ensure payment
of a check, draft, or debit card solely because the maker or
drawer has previously drawn or issued a worthless check, draft, or
debit card order to the payee or holder.
History.--ss. 1, 2, ch. 28096, 1953; s. 1, ch. 61-284; s. 1, ch.
61-185; s. 981, ch. 71-136; s. 1, ch. 79-98; s. 9, ch. 84-297; s.
9, ch. 86-161; s. 42, ch. 88-381; s. 6, ch. 89-303; s. 5, ch.
91-211; s. 61, ch. 92-82; s. 1303, ch. 97-102; s. 15, ch.
2001-115; s. 15, ch. 2004-11.
832.06 Prosecution for worthless checks given tax collector for
licenses or taxes; refunds.--
(1) Whenever any person, firm, or corporation violates the
provisions of s. 832.05 by drawing, making, uttering, issuing, or
delivering to any county tax collector any check, draft, or other
written order on any bank or depository for the payment of money
or its equivalent for any tag, title, lien, tax (except ad valorem
taxes), penalty, or fee relative to a boat, airplane, motor
vehicle, driver license, or identification card; any occupational
license, beverage license, or sales or use tax; or any hunting or
fishing license, the county tax collector, after the exercise of
due diligence to locate the person, firm, or corporation which
drew, made, uttered, issued, or delivered the check, draft, or
other written order for the payment of money, or to collect the
same by the exercise of due diligence and prudence, shall swear
out a complaint in the proper court against the person, firm, or
corporation for the issuance of the worthless check or draft. If
the state attorney cannot sign the information due to lack of
proof, as determined by the state attorney in good faith, for a
prima facie case in court, he or she shall issue a certificate so
stating to the tax collector. If payment of the dishonored check,
draft, or other written order, together with court costs expended,
is not received in full by the county tax collector within 30 days
after service of the warrant, 30 days after conviction, or 60 days
after the collector swears out the complaint or receives the
certificate of the state attorney, whichever is first, the county
tax collector shall make a written report to this effect to the
Department of Highway Safety and Motor Vehicles relative to motor
vehicles and vessels, to the Department of Revenue relative to
occupational licenses and the sales and use tax, to the Division
of Alcoholic Beverages and Tobacco of the Department of Business
and Professional Regulation relative to beverage licenses, or to
the Fish and Wildlife Conservation Commission relative to hunting
and fishing licenses, containing a statement of the amount
remaining unpaid on the worthless check or draft. If the
information is not signed, the certificate of the state attorney
is issued, and the written report of the amount remaining unpaid
is made, the county tax collector may request the sum be forthwith
refunded by the appropriate governmental entity, agency, or
department. If a warrant has been issued and served, he or she
shall certify to that effect, together with the court costs and
amount remaining unpaid on the check. The county tax collector may
request that the sum of money certified by him or her be forthwith
refunded by the Department of Highway Safety and Motor Vehicles,
the Department of Revenue, the Division of Alcoholic Beverages and
Tobacco of the Department of Business and Professional Regulation,
or the Fish and Wildlife Conservation Commission to the county tax
collector. Within 30 days after receipt of the request, the
Department of Highway Safety and Motor Vehicles, the Department of
Revenue, the Division of Alcoholic Beverages and Tobacco of the
Department of Business and Professional Regulation, or the Fish
and Wildlife Conservation Commission, upon being satisfied as to
the correctness of the certificate of the tax collector, or the
report, shall refund to the county tax collector the sums of money
so certified or reported. If any officer of any court issuing the
warrant is unable to serve it within 60 days after the issuance
and delivery of it to the officer for service, the officer shall
make a written return to the county tax collector to this effect.
Thereafter, the county tax collector may certify that the warrant
has been issued and that service has not been had upon the
defendant and further certify the amount of the worthless check or
draft and the amount of court costs expended by the county tax
collector, and the county tax collector may file the certificate
with the Department of Highway Safety and Motor Vehicles relative
to motor vehicles and vessels, with the Department of Revenue
relative to occupational licenses and the sales and use tax, with
the Division of Alcoholic Beverages and Tobacco of the Department
of Business and Professional Regulation relative to beverage
licenses, or with the Fish and Wildlife Conservation Commission
relative to hunting and fishing licenses, together with a request
that the sums of money so certified be forthwith refunded by the
Department of Highway Safety and Motor Vehicles, the Department of
Revenue, the Division of Alcoholic Beverages and Tobacco of the
Department of Business and Professional Regulation, or the Fish
and Wildlife Conservation Commission to the county tax collector,
and within 30 days after receipt of the request, the Department of
Highway Safety and Motor Vehicles, the Department of Revenue, the
Division of Alcoholic Beverages and Tobacco of the Department of
Business and Professional Regulation, or the Fish and Wildlife
Conservation Commission, upon being satisfied as to the
correctness of the certificate, shall refund the sums of money so
certified to the county tax collector.
(2) The provisions of this act shall be liberally construed in
order to effectively carry out the purposes of this act in the
interest of the public.
History.--ss. 1, 2, ch. 63-343; s. 6, ch. 65-190; s. 1, ch. 69-77;
ss. 16, 21, 24, 25, 35, ch. 69-106; s. 1, ch. 74-348; s. 1, ch.
77-174; s. 34, ch. 79-11; s. 250, ch. 94-218; s. 474, ch. 94-356;
s. 1304, ch. 97-102; s. 231, ch. 99-245; s. 68, ch. 99-248; s. 30,
ch. 2000-197.
832.062 Prosecution for worthless checks, drafts, debit card
orders, or electronic funds transfers made to pay any tax or
associated amount administered by the Department of Revenue.--
(1) It is unlawful for any person, firm, or corporation to draw,
make, utter, issue, or deliver to the Department of Revenue any
check, draft, or other written order on any bank or depository, to
use a debit card, to make, send, instruct, order, or initiate any
electronic funds transfer, or to cause or direct the making,
sending, instructing, ordering, or initiating of any electronic
funds transfer, for the payment of any taxes, penalties, interest,
fees, or associated amounts administered by the Department of
Revenue, knowing at the time of the drawing, making, uttering,
issuing, or delivering such check, draft, or other written order,
at the time of using such debit card, at the time of making,
sending, instructing, ordering, or initiating any electronic funds
transfer, or at the time of causing or directing the making,
sending, instructing, ordering, initiating, or executing of any
electronic funds transfer, that the maker, drawer, sender, or
receiver thereof has not sufficient funds on deposit in or credit
with such bank or depository with which to pay the same on
presentation. This section does not apply to any check or
electronic funds transfer when the Department of Revenue knows or
has been expressly notified prior to the drawing or uttering of
the check or the sending or initiating of the electronic funds
transfer, or has reason to believe, that the drawer, sender, or
receiver did not have on deposit or to the drawer's, sender's, or
receiver's credit with the drawee or receiving bank or depository
sufficient funds to ensure payment as aforesaid, and this section
does not apply to any postdated check.
(2) A violation of this section constitutes a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083,
unless the check, draft, debit card order, or other written order
drawn, made, uttered, issued, or delivered, or electronic funds
transfer made, sent, instructed, ordered, or initiated, or caused
or directed to be made, sent, instructed, ordered, or initiated is
in the amount of $150 or more. In that event, the violation
constitutes a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
(3) For purposes of prosecution, a violation under this section
occurs in the county in which the check is issued or the
electronic funds transfer is sent and in the county in which it is
received. A check will be deemed issued at the residence address
of an individual taxpayer and at the business address of a
business taxpayer.
History.--s. 11, ch. 87-102; s. 23, ch. 90-203; s. 1305, ch.
97-102; s. 30, ch. 2003-254.
832.07 Prima facie evidence of intent; identity.--
(1) INTENT.--
(a) In any prosecution or action under this chapter, the making,
drawing, uttering, or delivery of a check, draft, or order,
payment of which is refused by the drawee because of lack of funds
or credit, shall be prima facie evidence of intent to defraud or
knowledge of insufficient funds in, or credit with, such bank,
banking institution, trust company, or other depository, unless
such maker or drawer, or someone for him or her, shall have paid
the holder thereof the amount due thereon, together with a service
charge not to exceed the service fees authorized under s.
832.08(5) or an amount of up to 5 percent of the face amount of
the check, whichever is greater, within 15 days after written
notice has been sent to the address printed on the check or given
at the time of issuance that such check, draft, or order has not
been paid to the holder thereof, and bank fees incurred by the
holder. In the event of legal action for recovery, the maker or
drawer may be additionally liable for court costs and reasonable
attorney's fees. Notice mailed by certified or registered mail,
evidenced by return receipt, or by first-class mail, evidenced by
an affidavit of service of mail, to the address printed on the
check or given at the time of issuance shall be deemed sufficient
and equivalent to notice having been received by the maker or
drawer, whether such notice shall be returned undelivered or not.
The form of such notice shall be substantially as follows:
"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 15 days from the date 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, draft, or order 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 remedies available under this section may be exercised only by
one party in interest.
(b) When a check is drawn on a bank in which the maker or drawer
has no account or a closed account, it shall be presumed that such
check was issued with intent to defraud, and the notice
requirement set forth in this section shall be waived.
(2) IDENTITY.--
(a) In any prosecution or action under the provisions of this
chapter, a check, draft, or order for which the information
required in paragraph (b), paragraph (d), paragraph (e), or
paragraph (f) is available at the time of issuance constitutes
prima facie evidence of the identity of the person issuing the
check, draft, or order and that such person is authorized to draw
upon the named account.
(b) To establish this prima facie evidence:
1. The driver's license number or state identification number,
specifying the state of issuance of the person presenting the
check must be written on the check; or
2. The following information regarding the identity of the person
presenting the check must be obtained by the person accepting such
check: The presenter's full name, residence address, home phone
number, business phone number, place of employment, sex, date of
birth, and height.
(c) The information required in subparagraph (b)2. may be provided
by either of two methods:
1. The information may be recorded on the check; or
2. The number of a check-cashing identification card issued by the
accepter of the check may be recorded on the check. In order to be
used to establish identity, such check-cashing identification card
may not be issued until the information required in subparagraph
(b)2. has been placed on file with the accepter of the check.
(d) If a check is received by a payee through the mail or by
delivery to a representative of the payee, the prima facie
evidence referred to in paragraph (a) may be established by
presenting the original contract, order, or request for services
that the check purports to pay for, bearing the signature of the
person who signed the check, or by presenting a copy of the
information required in subparagraph (b)2. which is on file with
the accepter of the check together with the signature of the
person presenting the check.
(e) If a check is received by a payee and the drawer or maker has
a check-cashing identification card on file with the payee, the
prima facie evidence referred to in paragraph (a) may be
established by presenting the signature found on the check-cashing
identification card bearing the signature of the person who signed
the check.
(f) If a check is received by the Department of Revenue through
the mail or by delivery to a representative of the Department of
Revenue, the prima facie evidence referred to in paragraph (a) may
be established by presenting the original tax return, certificate,
license, application for certificate or license, or other document
relating to amounts owed by that person or taxpayer which the
check purports to pay for, bearing the signature of the person who
signed the check, or by presenting a copy of the information
required in subparagraph (b)2. which is on file with the accepter
of the check together with the signature of the person presenting
the check. The use of taxpayer information for purposes of
establishing the identity of a person pursuant to this paragraph
shall be considered a use of such information for official
purposes.
History.--s. 1, ch. 75-189; s. 1, ch. 77-174; s. 1, ch. 79-345; s.
1, ch. 80-301; s. 2, ch. 86-89; s. 10, ch. 86-161; s. 1, ch.
86-198; s. 12, ch. 87-102; s. 2, ch. 89-303; s. 2, ch. 91-211; s.
1, ch. 94-207; s. 3, ch. 96-239; s. 1821, ch. 97-102; s. 3, ch.
98-297; s. 7, ch. 2004-273.
832.075 Requiring credit card information for check or draft
acceptance prohibited.--
(1) No person shall require, as a condition of acceptance of a
check or share draft or as a means of identification, that the
person presenting the check or draft provide a credit card number
or credit card expiration date.
(2) Recording a credit card number or expiration date in
connection with the sale of goods or services in which the
purchaser pays by check or share draft, or in connection with the
acceptance of a check or share draft, is a noncriminal violation
as defined pursuant to s. 775.08 punishable by a fine of $250 for
the first violation and $1,000 for the second or subsequent
violation in accordance with the provisions of s. 775.083.
(3) This section shall not prohibit a person from requesting a
purchaser to display a credit card as indicia of credit worthiness
and financial responsibility or as additional identification, but
the only information concerning a credit card which may be
recorded is the type of credit card so displayed and the issuer of
the credit card. This section does not require acceptance of a
check or share draft whether or not a credit card is presented.
(4) This section does not prohibit a person from requesting or
receiving a credit card number or expiration date and recording
the number or date, or both, in lieu of a deposit to secure
payment in the event of default, loss, damage, or other
occurrence.
(5) This section does not prohibit a credit card issuer or a
subsidiary of the issuer of a credit card from requesting or
receiving a credit card number or expiration date and recording
the number or date, or both, for the purpose of establishing
identity pursuant to s. 832.07(2).
(6) This section does not prohibit a person from recording a
credit card number or expiration date as a condition for cashing a
check where that person has agreed with the card issuer to cash
checks as a service to the card issuer's cardholders and the card
issuer has agreed to guarantee cardholder checks cashed by that
person.
History.--s. 2, ch. 90-212.
832.08 State attorney bad check diversion program; fees for
collections.--
(1) In any judicial circuit where a bad check diversion program is
not in existence as of October 1, 1986, the state attorney may
establish such a program, either within the state attorney's
office or through an independent contractor, for the purpose of
diverting from prosecution certain persons accused of a violation
of s. 832.04, s. 832.041, s. 832.05, or s. 832.06. The use of such
a diversion program shall not affect the authority of the state
attorney to prosecute any person for any such violation.
(2) Upon receipt of a complaint alleging any such violation, the
state attorney shall determine if the case is appropriate for
referral to the bad check diversion program by considering:
(a) The amount of the bad check.
(b) The prior criminal record of the defendant.
(c) Whether or not there are other bad check complaints currently
pending against the defendant.
(d) The strength of the evidence of intent to defraud the victim.
(3) Upon referral of a complaint to the bad check diversion
program, the state attorney shall forward a notice of the
complaint by mail to the defendant. The notice shall contain all
of the following:
(a) The date and amount of the check.
(b) The name of the payee.
(c) The date before which the defendant must contact the bad check
office concerning the complaint.
(d) A statement of the penalty for issuance of a bad check.
(4) If the state attorney allows the defendant to enter into a
diversion program, the state attorney shall enter into a written
agreement with the defendant to divert him or her on bad check
charges. The diversion agreement shall include all of the
following conditions, which must be accepted by the defendant:
(a) Attendance at a program designed to assist and educate persons
who have violated the provisions of this chapter.
(b) Full restitution on the check.
(c) Full payment of fees due under subsection (5).
(d) Any individual who does not fulfill the agreements for
diversion could then be prosecuted under the appropriate section.
(e) A knowing and intelligent waiver of the defendant's right to a
speedy trial for the period of his or her diversion.
(5) To fund the diversion program, the state attorney may collect
a fee on each check that is collected through the state attorney's
office, whether it is collected through prosecution or through the
diversion program. However, the state attorney may not collect
such a fee on any check collected through a diversion program
which was in existence in another office prior to October 1, 1986.
A fee may be collected by an office operating such a preexisting
diversion program for the purpose of funding such program. The
amount of the fee for each check shall not exceed:
(a) Twenty-five dollars, if the face value does not exceed $50.
(b) Thirty dollars, if the face value is more than $50 but does
not exceed $300.
(c) Forty dollars, if the face value is more than $300.
History.--s. 1, ch. 86-232; s. 6, ch. 91-211; s. 4, ch. 96-239; s.
1822, ch. 97-102.
832.09 Suspension of driver license after warrant or capias is
issued in worthless check case.--
(1) Any person who is being prosecuted for passing a worthless
check in violation of s. 832.05, who fails to appear before the
court and against whom a warrant or capias for failure to appear
is issued by the court shall have his or her driver's license
suspended or revoked pursuant to s. 322.251.
(2) Within 5 working days after the issuance of a warrant or
capias for failure to appear, the clerk of the court in the county
where the warrant or capias is issued shall notify the Department
of Highway Safety and Motor Vehicles by the most efficient method
available of the action of the court.
History.--s. 1, ch. 98-223.
832.10 Alternative to bad check diversion program; fees for
collection.--
(1) Prior to presenting a complaint about a dishonored check to a
state attorney, a payee on such bad check may place or assign the
debt evidenced by the bad check for collection pursuant to this
section by a private debt collector registered under part VI of
chapter 559.
(2) Upon such placement or assignment, the payee shall be entitled
to add a collection fee to offset the cost of collection. This
collection fee is in addition to the bad check service charges
authorized by law. The collection fee payable to the debt
collector shall be a reasonable fee in accord with industry
standards, based upon the total amount collected.
(3) Unless extended by the payee, the debt collector shall have 90
days from the date of placement or assignment of the debt for
collection within which to collect the amount of the bad check,
applicable bad debt charges, and the collector's collection fee.
Upon the expiration of such 90 day period and any extensions
thereof, the payee then may present a complaint to the appropriate
state attorney. The debt collector may continue to try to collect
the debt, provided such collection effort does not impede the
prosecution or other disposition of the case by the state
attorney.
(4) The debt collector may not compromise the amount to be
collected without the express consent of the payee of the check.
The debt collector shall remit to the payee the amount collected
less the collector's fee percentage on the total amount collected.
(5) The use of such debt collector shall not affect the authority
of the state attorney to prosecute any person for any violation of
s. 832.04, s. 832.041, s. 832.05, or s. 832.06. The use of this
section by a payee on a bad check shall not affect the rights of
the payee, other than as set forth in this section, to present a
complaint to the appropriate state attorney.
History.--s. 2, ch. 98-223.
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