VIOLATIONS INVOLVING CHECKS AND DRAFTS
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This section of Florida law is provided for informational purposes
only. This section does not include case law construction and is not
intended to constitute legal interpretation nor advice.
