Bad Check Laws In Florida

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Below are the civil and criminal penalties for writing a bad check in Florida under Chapter 832 of the state's statutes.

Florida laws requires the payee of the dishonored check to send a legal notice to the check writer that gives them 15 days from the date of the notice to pay restitution and service charges. If payment is not timely made, the notice further provides that the holder of the bad check may turn the matter over to the state attorney for criminal prosecution. Notice is not required if the check is initially returned by the bank unpaid because the account was closed or there was no account found. If criminal or civil actions are taken, the following may apply:

Civil Penalties: Triple amount owed in addition to the amount owed together with bank and court costs and reasonable attorneys' fees, not less than $50 and no more than $2,500. If payment is made in 30 days, a service charge of $10 or 5% of face amount of check, whichever is greater, can be added. In stop payment action, reimbursement for actual travel expenses to holder or agent for filing papers, and for traveling and providing witnesses to an from proceeding.

Criminal Penalties: A Check returned for NSF or non sufficient funds is a misdemeanor of the first degree, punishable by up to one year in a County Jail and a $1,000 fine, unless the check made is in the amount of $150 or more and the payee receives something of value, the violation is then a felony of the third degree, punishable by up to five years in a State Prison and a $5,000 fine. Sentences may also include probation, payment of supervision costs(probationary fees), payment of restitution, merchant fees(based on the value of the check), community service work, and court costs.

Any person who is being prosecuted for passing a worthless check and who fails to appear before the court and against whom a warrant or capias for failure to appear is issued by the court shall have his or her driver's license suspended or revoked.



For more information on bad check laws and for criminal and civil penalties in other states for writing bad checks, please read Bad Check Laws

Check with your state statutes for the most current information on Florida bad check laws at ( http://www.leg.state.fl.us ).

You may want to also read Getting A Checking Account While On The Chex System

Learn how to Prevent Overdraft And Bounced Check Fees

Although all information has been written in good faith and has been reviewed, please email us at [email protected] to report any inaccuracies.