Senate Bill sb0738
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 738
By Senator Bennett
21-422-03
1 A bill to be entitled
2 An act relating to worthless checks; amending
3 s. 68.065, F.S.; revising provisions relating
4 to notice requirements in collection actions;
5 providing an effective date.
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7 Be It Enacted by the Legislature of the State of Florida:
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9 Section 1. Subsection (3) of section 68.065, Florida
10 Statutes, is amended to read:
11 68.065 Actions to collect worthless checks, drafts, or
12 orders of payment; attorney's fees and collection costs.--
13 (3) Before recovery under this section subsection (1)
14 may be claimed, a written demand must shall be delivered by
15 certified or registered mail, evidenced by return receipt, or
16 by regular mail, evidenced by an affidavit of service of
17 mailing, to the maker or drawer of the check, draft, or order
18 of payment to the address on the check or other instrument, to
19 the address given by the drawer at the time the instrument was
20 issued, or to the drawer's last known address. Notice is
21 conclusive 3 days after the affidavit is executed. The form of
22 such notice shall be substantially as follows:
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24 "You are hereby notified that a check numbered .... in
25 the face amount of $.... issued by you on ...(date)..., drawn
26 upon ...(name of bank)..., and payable to ...., has been
27 dishonored. Pursuant to Florida law, you have 30 days from
28 receipt of this notice to tender payment in cash of the full
29 amount of the check plus a service charge of $25, if the face
30 value does not exceed $50, $30, if the face value exceeds $50
31 but does not exceed $300, $40, if the face value exceeds $300,
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 738
21-422-03
1 or 5 percent of the face amount of the check, whichever is
2 greater, the total amount due being $.... and .... cents.
3 Unless this amount is paid in full within the 30-day period,
4 the holder of the check or instrument may file a civil action
5 against you for three times the amount of the check, but in no
6 case less than $50, in addition to the payment of the check
7 plus any court costs, reasonable attorney fees, and any bank
8 fees incurred by the payee in taking the action."
9 Section 2. This act shall take effect July 1, 2003.
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12 SENATE SUMMARY
13 Revises methods of mailing permitted in providing notice
precedent to actions to collect worthless checks.
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CODING: Words stricken are deletions; words underlined are additions.