HB 1509 2003
   
1 A bill to be entitled
2          An act relating to worthless checks; amending s. 68.065,
3    F.S.; revising provisions relating to notice requirements
4    in collection actions; providing an effective date.
5         
6          Be It Enacted by the Legislature of the State of Florida:
7         
8          Section 1. Subsection (3) of section 68.065, Florida
9    Statutes, is amended to read:
10          68.065 Actions to collect worthless checks, drafts, or
11    orders of payment; attorney's fees and collection costs.--
12          (3) Before recovery under this sectionsubsection(1)may
13    be claimed, a written demand mustshallbe delivered by
14    certified or registered mail, evidenced by return receipt, or by
15    regular mail, evidenced by an affidavit of service of mailing,
16    to the maker or drawer of the check, draft, or order of payment
17    to the address on the check or other instrument, to the address
18    given by the drawer at the time the instrument was issued, or to
19    the drawer's last known address. Notice is conclusive 3 days
20    after the affidavit is executed.The form of such notice shall
21    be substantially as follows:
22         
23          "You are hereby notified that a check numbered _____ in
24    the face amount of $_____ issued by you on ... (date) ... ,
25    drawn upon ... (name of bank) ... , and payable to _____, has
26    been dishonored. Pursuant to Florida law, you have 30 days from
27    receipt of this notice to tender payment in cash of the full
28    amount of the check plus a service charge of $25, if the face
29    value does not exceed $50, $30, if the face value exceeds $50
30    but does not exceed $300, $40, if the face value exceeds $300,
31    or 5 percent of the face amount of the check, whichever is
32    greater, the total amount due being $_____ and _____ cents.
33    Unless this amount is paid in full within the 30-day period, the
34    holder of the check or instrument may file a civil action
35    against you for three times the amount of the check, but in no
36    case less than $50, in addition to the payment of the check plus
37    any court costs, reasonable attorney fees, and any bank fees
38    incurred by the payee in taking the action."
39          Section 2. This act shall take effect July 1, 2003.
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