Senate Bill sb0738c1

    Florida Senate - 2003                            CS for SB 738

    By the Committee on Judiciary; and Senator Bennett





    308-2126-03

  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.

  6  

  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 first-class mail, evidenced by an affidavit of service of

17  mail, to the maker or drawer of the check, draft, or order of

18  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. The form of

21  such notice shall be substantially as follows:

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23         "You are hereby notified that a check numbered .... in

24  the face amount of $.... issued by you on ...(date)..., drawn

25  upon ...(name of bank)..., and payable to ...., has been

26  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

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






    Florida Senate - 2003                            CS for SB 738
    308-2126-03




 1  greater, the total amount due being $.... and .... cents.

 2  Unless this amount is paid in full within the 30-day period,

 3  the holder of the check or instrument may file a civil action

 4  against you for three times the amount of the check, but in no

 5  case less than $50, in addition to the payment of the check

 6  plus any court costs, reasonable attorney fees, and any bank

 7  fees incurred by the payee in taking the action."

 8         Section 2.  This act shall take effect July 1, 2003.

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10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 738

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13  The committee substitute removes reference to regular mail and
    replaces it with first class mail and changes affidavit of
14  service of mailing to affidavit of service by mail. The
    committee substitute also removes the provision that provides
15  notice is conclusive 3 days after the affidavit is executed.

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