SENATE AMENDMENT
Bill No. CS for SB 222, 1st Eng.
Amendment No. ___ Barcode 432800
CHAMBER ACTION
Senate House
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03/04/2004 08:51 AM .
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 5, between lines 18 and 19,
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16 insert:
17 Section 7. Subsection (1) of section 832.07, Florida
18 Statutes, is amended to read:
19 832.07 Prima facie evidence of intent; identity.--
20 (1) INTENT.--
21 (a) In any prosecution or action under this chapter,
22 the making, drawing, uttering, or delivery of a check, draft,
23 or order, payment of which is refused by the drawee because of
24 lack of funds or credit, shall be prima facie evidence of
25 intent to defraud or knowledge of insufficient funds in, or
26 credit with, such bank, banking institution, trust company, or
27 other depository, unless such maker or drawer, or someone for
28 him or her, shall have paid the holder thereof the amount due
29 thereon, together with a service charge not to exceed the
30 service fees authorized under s. 832.08(5) or an amount of up
31 to 5 percent of the face amount of the check, whichever is
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4:43 PM 03/03/04 s0222c1c-21c8u
SENATE AMENDMENT
Bill No. CS for SB 222, 1st Eng.
Amendment No. ___ Barcode 432800
1 greater, within 7 days after receiving written notice that
2 such check, draft, or order has not been paid to the holder
3 thereof, and bank fees incurred by the holder. In the event
4 of legal action for recovery, the maker or drawer may be
5 additionally liable for court costs and reasonable attorney's
6 fees. Notice mailed by certified or registered mail,
7 evidenced by return receipt, or by first-class mail, evidenced
8 by an affidavit of service of mail, to the address printed on
9 the check or given at the time of issuance, or to the maker or
10 drawer's last known address, shall be deemed sufficient and
11 equivalent to notice having been received by the maker or
12 drawer, whether such notice shall be returned undelivered or
13 not. The form of such notice shall be substantially as
14 follows:
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16 "You are hereby notified that a check, numbered ....,
17 in the face amount of $...., issued by you on ...(date)...,
18 drawn upon ...(name of bank)..., and payable to ...., has been
19 dishonored. Pursuant to Florida law, you have 7 days from
20 receipt of this notice to tender payment of the full amount of
21 such check plus a service charge of $25, if the face value
22 does not exceed $50, $30, if the face value exceeds $50 but
23 does not exceed $300, $40, if the face value exceeds $300, or
24 an amount of up to 5 percent of the face amount of the check,
25 whichever is greater, the total amount due being $.... and
26 .... cents. Unless this amount is paid in full within the
27 time specified above, the holder of such check may turn over
28 the dishonored check and all other available information
29 relating to this incident to the state attorney for criminal
30 prosecution. You may be additionally liable in a civil action
31 for triple the amount of the check, but in no case less than
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4:43 PM 03/03/04 s0222c1c-21c8u
SENATE AMENDMENT
Bill No. CS for SB 222, 1st Eng.
Amendment No. ___ Barcode 432800
1 $50, together with the amount of the check, a service charge,
2 court costs, reasonable attorney fees, and incurred bank fees,
3 as provided in s. 68.065."
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5 Subsequent persons receiving a check, draft, or order from the
6 original payee or a successor endorsee have the same rights
7 that the original payee has against the maker of the
8 instrument, provided such subsequent persons give notice in a
9 substantially similar form to that provided above. Subsequent
10 persons providing such notice shall be immune from civil
11 liability for the giving of such notice and for proceeding
12 under the forms of such notice, so long as the maker of the
13 instrument has the same defenses against these subsequent
14 persons as against the original payee. However, the remedies
15 available under this section may be exercised only by one
16 party in interest.
17 (b) When a check is drawn on a bank in which the maker
18 or drawer has no account or a closed account, it shall be
19 presumed that such check was issued with intent to defraud,
20 and the notice requirement set forth in this section shall be
21 waived.
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23 (Redesignate subsequent sections.)
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26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 On page 1, line 28, after the semicolon,
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30 insert:
31 amending s. 832.07, F.S.; revising provisions
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4:43 PM 03/03/04 s0222c1c-21c8u
SENATE AMENDMENT
Bill No. CS for SB 222, 1st Eng.
Amendment No. ___ Barcode 432800
1 relating to notice requirements in worthless
2 check prosecutions;
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