CODING: Words stricken are deletions; words underlined are additions.
House Bill 0767




    Florida House of Representatives - 1997                 HB 767

        By Representative Hill






  1                      A bill to be entitled

  2         An act relating to violations involving checks;

  3         amending s. 832.07, F.S., relating to prima

  4         facie evidence of identity with regard to

  5         prosecution of bad check charges; removing

  6         "race" as a required element of establishing

  7         the identity of the person presenting the

  8         check; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Paragraph (b) of subsection (2) of section

13  832.07, Florida Statutes, 1996 Supplement, is amended to read:

14         832.07  Prima facie evidence of intent; identity.--

15         (2)  IDENTITY.--

16         (a)  In any prosecution or action under the provisions

17  of this chapter, a check, draft, or order for which the

18  information required in paragraph (b), paragraph (d),

19  paragraph (e), or paragraph (f) is available at the time of

20  issuance constitutes prima facie evidence of the identity of

21  the person issuing the check, draft, or order and that such

22  person is authorized to draw upon the named account.

23         (b)  To establish this prima facie evidence:

24         1.  The driver's license number or state identification

25  number, specifying the state of issuance of the person

26  presenting the check must be written on the check; or

27         2.  The following information regarding the identity of

28  the person presenting the check must be obtained by the person

29  accepting such check: The presenter's full name, residence

30  address, home phone number, business phone number, place of

31  employment, sex, date of birth, and height, and race.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1997                 HB 767

    504-119B-97






  1         Section 2.  This act shall take effect October 1, 1997.

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  4                          HOUSE SUMMARY

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      With regard to the prosecution of bad check charges,
  6    removes "race" as a required element of establishing the
      identity of the person who presented the check.
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