| 1 | Representative Simmons offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | On page 5, line 19, |
| 5 | remove: all of said line |
| 6 |
|
| 7 | and insert: |
| 8 | Section 7. Subsection (1) of section 832.07, Florida |
| 9 | Statutes, is amended to read: |
| 10 | 832.07 Prima facie evidence of intent; identity.-- |
| 11 | (1) INTENT.-- |
| 12 | (a) In any prosecution or action under this chapter, the |
| 13 | making, drawing, uttering, or delivery of a check, draft, or |
| 14 | order, payment of which is refused by the drawee because of lack |
| 15 | of funds or credit, shall be prima facie evidence of intent to |
| 16 | defraud or knowledge of insufficient funds in, or credit with, |
| 17 | such bank, banking institution, trust company, or other |
| 18 | depository, unless such maker or drawer, or someone for him or |
| 19 | her, shall have paid the holder thereof the amount due thereon, |
| 20 | together with a service charge not to exceed the service fees |
| 21 | authorized under s. 832.08(5) or an amount of up to 5 percent of |
| 22 | the face amount of the check, whichever is greater, within 15 7 |
| 23 | days after receiving written notice has been sent to the address |
| 24 | printed on the check or given at the time of issuance that such |
| 25 | check, draft, or order has not been paid to the holder thereof, |
| 26 | and bank fees incurred by the holder. In the event of legal |
| 27 | action for recovery, the maker or drawer may be additionally |
| 28 | liable for court costs and reasonable attorney's fees. Notice |
| 29 | mailed by certified or registered mail, evidenced by return |
| 30 | receipt, or by first-class mail, evidenced by an affidavit of |
| 31 | service of mail, to the address printed on the check or given at |
| 32 | the time of issuance shall be deemed sufficient and equivalent |
| 33 | to notice having been received by the maker or drawer, whether |
| 34 | such notice shall be returned undelivered or not. The form of |
| 35 | such notice shall be substantially as follows: |
| 36 |
|
| 37 | "You are hereby notified that a check, numbered _____, in |
| 38 | the face amount of $_____, issued by you on ... (date) ..., |
| 39 | drawn upon ... (name of bank) ..., and payable to _____, has |
| 40 | been dishonored. Pursuant to Florida law, you have 15 7 days |
| 41 | from the date receipt of this notice to tender payment of the |
| 42 | full amount of such check plus a service charge of $25, if the |
| 43 | face value does not exceed $50, $30, if the face value exceeds |
| 44 | $50 but does not exceed $300, $40, if the face value exceeds |
| 45 | $300, or an amount of up to 5 percent of the face amount of the |
| 46 | check, whichever is greater, the total amount due being $_____ |
| 47 | and _____ cents. Unless this amount is paid in full within the |
| 48 | time specified above, the holder of such check may turn over the |
| 49 | dishonored check and all other available information relating to |
| 50 | this incident to the state attorney for criminal prosecution. |
| 51 | You may be additionally liable in a civil action for triple the |
| 52 | amount of the check, but in no case less than $50, together with |
| 53 | the amount of the check, a service charge, court costs, |
| 54 | reasonable attorney fees, and incurred bank fees, as provided in |
| 55 | s. 68.065." |
| 56 |
|
| 57 | Subsequent persons receiving a check, draft, or order from the |
| 58 | original payee or a successor endorsee have the same rights that |
| 59 | the original payee has against the maker of the instrument, |
| 60 | provided such subsequent persons give notice in a substantially |
| 61 | similar form to that provided above. Subsequent persons |
| 62 | providing such notice shall be immune from civil liability for |
| 63 | the giving of such notice and for proceeding under the forms of |
| 64 | such notice, so long as the maker of the instrument has the same |
| 65 | defenses against these subsequent persons as against the |
| 66 | original payee. However, the remedies available under this |
| 67 | section may be exercised only by one party in interest. |
| 68 | (b) When a check is drawn on a bank in which the maker or |
| 69 | drawer has no account or a closed account, it shall be presumed |
| 70 | that such check was issued with intent to defraud, and the |
| 71 | notice requirement set forth in this section shall be waived. |
| 72 | Section 8. Section 409.257, Florida Statutes, is amended |
| 73 | to read: |
| 74 | 409.257 Service of process.--The service of initial |
| 75 | process and orders in lawsuits filed by the department, under |
| 76 | this act, shall be served by the sheriff in the county where the |
| 77 | person to be served may be found. The sheriff shall be |
| 78 | reimbursed at the prevailing rate of federal financial |
| 79 | participation for service of process and orders as allowed by |
| 80 | law. The sheriff shall bill the department monthly as provided |
| 81 | for in s. 30.51(2). In addition, process and orders may be |
| 82 | served or executed by authorized agents of the department at the |
| 83 | department's discretion; provided that the agent of the |
| 84 | department does not take any action against personal property, |
| 85 | real property, or persons. Notices and other intermediate |
| 86 | process, except witness subpoenas, shall be served by the |
| 87 | department as provided for in the Florida Rules of Civil |
| 88 | Procedure. Witness subpoenas shall be served by the department |
| 89 | by United States certified mail as provided for in s. 48.031(3). |
| 90 | Section 9. This act shall take effect July 1, 2004. |
| 91 |
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| 92 | ================= T I T L E A M E N D M E N T ================= |
| 93 | On page 1, lines 2-29, |
| 94 | remove: all of said lines |
| 95 |
|
| 96 | and insert: |
| 97 | An act relating to delivery of written legal notice; |
| 98 | amending s. 48.031, F.S.; deleting the requirement to use |
| 99 | certified mail in service of a subpoena on a witness in |
| 100 | specified cases; prohibiting a finding of contempt for |
| 101 | failure to appear in response to a subpoena that is not |
| 102 | delivered by certified mail; allowing the posting of a |
| 103 | criminal witness subpoena under specified conditions; |
| 104 | requiring the placement of certain information on the copy |
| 105 | of the process served; providing for alternative methods |
| 106 | of service under certain circumstances; amending s. |
| 107 | 48.081, F.S.; providing alternative methods of service on |
| 108 | a corporation; amending s. 48.21, F.S.; requiring servers |
| 109 | of process to provide certain information on the return of |
| 110 | service; amending s. 48.29, F.S.; revising the requirement |
| 111 | that certified process servers provide certain information |
| 112 | on the face of the process served; amending s. 83.13, |
| 113 | F.S.; authorizing the party who had a distress writ issued |
| 114 | to deliver the writ to a sheriff in another county; |
| 115 | amending s. 624.307, F.S.; allowing the Chief Financial |
| 116 | Officer, when serving as the attorney to receive service |
| 117 | of all legal process for certain regulated persons, to |
| 118 | send the process by any verifiable means to the person |
| 119 | last designated by the regulated person to receive the |
| 120 | process, instead of requiring the process to be sent by |
| 121 | registered or certified mail; amending s. 832.07, F.S.; |
| 122 | providing for alternative method of notice sent by the |
| 123 | holder to the maker or drawer of a check, draft, or order, |
| 124 | payment of which is refused because of lack of funds or |
| 125 | credit; amending s. 409.257, F.S.; revising a provision |
| 126 | for service of witness subpoenas, to conform; providing an |
| 127 | effective date. |