The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 832
VIOLATIONS INVOLVING CHECKS AND DRAFTS

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F.S. 832.07

832.07 Prima facie evidence of intent; identity.—

(1) INTENT.—

(a) In any prosecution or action under this chapter, the making, drawing, uttering, or delivery of a check, draft, or order, payment of which is refused by the drawee because of lack of funds or credit, shall be prima facie evidence of intent to defraud or knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, unless such maker or drawer, or someone for him or her, shall have paid the holder thereof the amount due thereon, together with a service charge not to exceed the service fees authorized under s. 832.08(5) or an amount of up to 5 percent of the face amount of the check, whichever is greater, within 15 days after written notice has been sent to the address printed on the check or given at the time of issuance that such check, draft, or order has not been paid to the holder thereof, and bank fees incurred by the holder. In the event of legal action for recovery, the maker or drawer may be additionally liable for court costs and reasonable attorney’s fees. Notice mailed by certified or registered mail, evidenced by return receipt, or by first-class mail, evidenced by an affidavit of service of mail, to the address printed on the check or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not. The form of such notice shall be substantially as follows:

“You are hereby notified that a check, numbered , in the face amount of $ , issued by you on (date) , drawn upon (name of bank) , and payable to , has been dishonored. Pursuant to Florida law, you have 15 days from the date of this notice to tender payment of the full amount of such check plus a service charge of $25, if the face value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value exceeds $300, or an amount of up to 5 percent of the face amount of the check, whichever is greater, the total amount due being $ and cents. Unless this amount is paid in full within the time specified above, the holder of such check may turn over the dishonored check and all other available information relating to this incident to the state attorney for criminal prosecution. You may be additionally liable in a civil action for triple the amount of the check, but in no case less than $50, together with the amount of the check, a service charge, court costs, reasonable attorney fees, and incurred bank fees, as provided in s. 68.065, Florida Statutes.”

Subsequent persons receiving a check, draft, or order from the original payee or a successor endorsee have the same rights that the original payee has against the maker of the instrument, provided such subsequent persons give notice in a substantially similar form to that provided above. Subsequent persons providing such notice shall be immune from civil liability for the giving of such notice and for proceeding under the forms of such notice, so long as the maker of the instrument has the same defenses against these subsequent persons as against the original payee. However, the remedies available under this section may be exercised only by one party in interest.

(b) When a check is drawn on a bank in which the maker or drawer has no account or a closed account, it shall be presumed that such check was issued with intent to defraud, and the notice requirement set forth in this section shall be waived.

(2) IDENTITY.—

(a) In any prosecution or action under the provisions of this chapter, a check, draft, or order for which the information required in paragraph (b), paragraph (d), paragraph (e), or paragraph (f) is available at the time of issuance constitutes prima facie evidence of the identity of the person issuing the check, draft, or order and that such person is authorized to draw upon the named account.

(b) To establish this prima facie evidence:

1. The driver license number or state identification number, specifying the state of issuance of the person presenting the check must be written on the check; or

2. The following information regarding the identity of the person presenting the check must be obtained by the person accepting such check: The presenter’s full name, residence address, home phone number, business phone number, place of employment, sex, date of birth, and height.

1. The information may be recorded on the check; or

2. The number of a check-cashing identification card issued by the accepter of the check may be recorded on the check. In order to be used to establish identity, such check-cashing identification card may not be issued until the information required in subparagraph (b)2. has been placed on file with the accepter of the check.

(d) If a check is received by a payee through the mail or by delivery to a representative of the payee, the prima facie evidence referred to in paragraph (a) may be established by presenting the original contract, order, or request for services that the check purports to pay for, bearing the signature of the person who signed the check, or by presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter of the check together with the signature of the person presenting the check.

(e) If a check is received by a payee and the drawer or maker has a check-cashing identification card on file with the payee, the prima facie evidence referred to in paragraph (a) may be established by presenting the signature found on the check-cashing identification card bearing the signature of the person who signed the check.

(f) If a check is received by the Department of Revenue through the mail or by delivery to a representative of the Department of Revenue, the prima facie evidence referred to in paragraph (a) may be established by presenting the original tax return, certificate, license, application for certificate or license, or other document relating to amounts owed by that person or taxpayer which the check purports to pay for, bearing the signature of the person who signed the check, or by presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter of the check together with the signature of the person presenting the check. The use of taxpayer information for purposes of establishing the identity of a person pursuant to this paragraph shall be considered a use of such information for official purposes.

History.—s. 1, ch. 75-189; s. 1, ch. 77-174; s. 1, ch. 79-345; s. 1, ch. 80-301; s. 2, ch. 86-89; s. 10, ch. 86-161; s. 1, ch. 86-198; s. 12, ch. 87-102; s. 2, ch. 89-303; s. 2, ch. 91-211; s. 1, ch. 94-207; s. 3, ch. 96-239; s. 1821, ch. 97-102; s. 3, ch. 98-297; s. 7, ch. 2004-273; s. 47, ch. 2017-3.

F.S. 832.07 on Google Scholar

F.S. 832.07 on Casetext

Amendments to 832.07

Arrestable Offenses / Crimes under Fla. Stat. 832.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 832.07.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HARDER, a TJX v. EDWARDS,, 174 So. 3d 524 (Fla. Dist. Ct. App. 2015)

. . . Under Section 832.07, Florida Statutes (2009), which applies only to Chapter 832 offenses, similar evidence . . . See § 832.07, Fla. Stat. (2009). . . . Section 832.07(2)(a) creates a procedure that establishes "prima facie evidence of identity” “[i]n any . . . Edwards was arrested on a forgery charge under Chapter 831, Florida Statutes (2009), so the section 832.07 . . .

SARRAS, v. MILLS- SARRAS a k a E., 161 So. 3d 509 (Fla. Dist. Ct. App. 2014)

. . . Criminal sanctions, as provided in s. 832.07, may be applicable. . . . .

WELLS, v. STATE, 807 So. 2d 132 (Fla. Dist. Ct. App. 2002)

. . . In this case the State has the benefit of paragraph 832.07(l)(a), Florida Statutes, which provides that . . . The victim in this case sent defendant’s corporation the notification letter called for by paragraph 832.07 . . . The provision for the demand letter is contained in subsection 832.07(1), Florida Statutes, which creates . . . dismissal of the prosecution for failure to send the statutory notification set forth in paragraph 832.07 . . . sent and that the State should not have had the benefit of the presumption established by paragraph 832.07 . . .

Ed MIRANDA, v. STATE, 773 So. 2d 1195 (Fla. Dist. Ct. App. 2000)

. . . Section 832.07, Florida Statutes (1997), provides that the delivery of a worthless check constitutes . . . In this case, the State presented prima facie evidence of knowledge under section 832.07. . . . However, Miranda rebutted the prima facie showing of knowledge under section 832.07 with the bank representative . . . Because Miranda rebutted the prima facie evidence of knowledge under section 832.07 and the State did . . .

G. KEHLE v. G. MODANSKY,, 696 So. 2d 493 (Fla. Dist. Ct. App. 1997)

. . . real estate contract, and (2) tender of a worthless check in violation of Florida Statutes section 832.07 . . .

McCRANEY, v. A. BARBERI,, 677 So. 2d 355 (Fla. Dist. Ct. App. 1996)

. . . . §§ 68.065(2) and 832.07(l)(a), Fla. Stat. (1991). . . .

CORTES, v. STATE BOARD OF REGENTS, 655 So. 2d 132 (Fla. Dist. Ct. App. 1995)

. . . (d), 240.209(3)(g), 240.2097, 240.227(20), 240.235(1), 240.264-.267, 240.531(3), 240.533(4)(a), and 832.07 . . .

McGREGOR PRINTING CORPORATION, v. KEMP, 20 F.3d 1188 (D.C. Cir. 1994)

. . . NIB calculated the fair market price for 0996 to be $13.02 per box, or a total of $13,722,-832.07. . . .

CORNELL, v. JEROME, d b a, 573 So. 2d 171 (Fla. Dist. Ct. App. 1991)

. . . The court then applied section 832.07(1)(b), Florida Statutes (1987), which provides that an intent to . . . Having found that fraud existed through the application of the presumption in section 832.07(1)(b), the . . . Cornell first argues, citing Tourismart, that the trial court erred in applying section 832.07(l)(b), . . .

L F PARTNERS, LTD. L. F. v. J. MICELI,, 561 So. 2d 1227 (Fla. Dist. Ct. App. 1990)

. . . Criminal sanctions, as provided in s. 832.07 may be applicable. (2) The payee may also charge the maker . . .

THOMSON McKINNON SECURITIES, INC. v. LIGHT, BIONIC INSTRUMENTS OF DELAWARE, INC. a v. THOMSON McKINNON SECURITIES, INC., 534 So. 2d 757 (Fla. Dist. Ct. App. 1988)

. . . absence of probable cause, we need not reach Thomson’s claim of statutory immunity pursuant to section 832.07 . . .

WINN- DIXIE STORES, INC. v. L. GAZELLE,, 523 So. 2d 648 (Fla. Dist. Ct. App. 1988)

. . . It sent him a notice by certified mail at the address on his check cashing card as authorized in § 832.07 . . . It received no acknowledgment or reply to the certified letter but § 832.07 provides that a notice complying . . .

GOINGS, v. WEST FLORIDA HOSPITAL a a, 504 So. 2d 1254 (Fla. Dist. Ct. App. 1986)

. . . complaint against the hospital on the ground that the immunity from civil liability provided under section 832.07 . . . there is no dispute over the fact that the hospital complied with the notice provisions of section 832.07 . . . appellant and thereby, as this Court held, was unable to avail itself of the immunity afforded by section 832.07 . . . appellant’s attempt to redeem her dishonored check by immediately sending payment upon receipt of her 832.07 . . .

L. GAZELLE, v. WINN- DIXIE STORES, INC. a, 476 So. 2d 710 (Fla. Dist. Ct. App. 1985)

. . . The effect of the majority opinion is to nullify § 832.07(2)(c), Fla.Stat., which authorizes the use . . . Section 832.07(l)(a), Fla.Stat., provides in part: Notice mailed by certified or registered mail, evidenced . . . Subsection 832.07(2)(b), Fla.Stat. provides that the information as to the full name, residence, etc. . . . alleging that, because the third letter to Gazelle conformed to the notice requirements of Section 832.07 . . . Section 832.07(l)(a) provides that the issuance of a check which is returned for insufficient funds is . . . As authority for this contention, it refers us to Section 832.07(2)(c) which, for the purposes of proving . . . Therefore, because the notice given by Winn-Dixie does not substantially comply with Section 832.07(l . . . Rehearing En Banc and deem it appropriate to suggest that the Legislature consider amending Section 832.07 . . .

GOINGS, v. WEST FLORIDA HOSPITAL, a a, 461 So. 2d 979 (Fla. Dist. Ct. App. 1984)

. . . erred in granting the Hospital’s motion to dismiss based upon the trial court’s finding that section 832.07 . . . Section 832.07(l)(a), Florida Statutes (1983), provides that the making of a worthless check is prima . . .

JOHNSON, v. STATE, 444 So. 2d 563 (Fla. Dist. Ct. App. 1984)

. . . Section 832.07(l)(a) provides, in part: In any prosecution or action under this chapter, the making . . . . as used in section 832.05(3)(a) is encompassed within the meaning of the term “delivery” in section 832.07 . . .

SCIENTIFIC PRODUCTS, A DIVISION OF AMERICAN HOSPITAL SUPPLY, INC. v. GARCIA, 442 So. 2d 1019 (Fla. Dist. Ct. App. 1983)

. . . Section 832.07(l)(a), Florida Statutes (1979) provides a method by which one who receives a worthless . . . The defendant in accordance with section 832.07(l)(a) turned over the information to the state attorney . . . The majority is correct in its determination that section 832.07(l)(a), Florida Statutes (1979), affords . . .

C. McFARLAND, v. STATE, 368 So. 2d 948 (Fla. Dist. Ct. App. 1979)

. . . Indeed, under this Chapter the State would have had the advantage of § 832.07 which might well have provided . . . the State did not charge under § 832.05 nor could they seek the aid of the evidentiary aspects of § 832.07 . . . The chapter also contains § 832.07 which provides that the delivery of a worthless draft is prima facie . . .

K. KRAVETS, v. STATE, 360 So. 2d 486 (Fla. Dist. Ct. App. 1978)

. . . good within 20 days of receiving written notice, that the check has not been paid, pursuant to Section 832.07 . . . The appellant argues that Section 832.07, Florida Statutes (1975), was enacted to give an individual . . . Secondly, Section 832.07, Florida Statutes (1975), is entitled “prima facie evidence of intent . . . . . . ” and provides in pertinent part: 832.07 Prima facie evidence of intent; identity.— “(1) INTENT.— “(a . . . Therefore, we hold that Section 832.07, Florida Statutes (1975), sets forth the elements necessary to . . .