The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 832
VIOLATIONS INVOLVING CHECKS AND DRAFTS

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F.S. 832.10

832.10 Alternative to bad check diversion program; fees for collection.—

(1) Prior to presenting a complaint about a dishonored check to a state attorney, a payee on such bad check may place or assign the debt evidenced by the bad check for collection pursuant to this section by a private debt collector registered under part VI of chapter 559.

(2) Upon such placement or assignment, the payee shall be entitled to add a collection fee to offset the cost of collection. This collection fee is in addition to the bad check service charges authorized by law. The collection fee payable to the debt collector shall be a reasonable fee in accord with industry standards, based upon the total amount collected.

(3) Unless extended by the payee, the debt collector shall have 90 days from the date of placement or assignment of the debt for collection within which to collect the amount of the bad check, applicable bad debt charges, and the collector’s collection fee. Upon the expiration of such 90 day period and any extensions thereof, the payee then may present a complaint to the appropriate state attorney. The debt collector may continue to try to collect the debt, provided such collection effort does not impede the prosecution or other disposition of the case by the state attorney.

(4) The debt collector may not compromise the amount to be collected without the express consent of the payee of the check. The debt collector shall remit to the payee the amount collected less the collector’s fee percentage on the total amount collected.

(5) The use of such debt collector shall not affect the authority of the state attorney to prosecute any person for any violation of s. 832.04, s. 832.041, s. 832.05, or s. 832.06. The use of this section by a payee on a bad check shall not affect the rights of the payee, other than as set forth in this section, to present a complaint to the appropriate state attorney.

History.—s. 2, ch. 98-223.

F.S. 832.10 on Google Scholar

F.S. 832.10 on Casetext

Amendments to 832.10

Arrestable Offenses / Crimes under Fla. Stat. 832.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 832.10.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BROWN, v. SOUTHERN CALIFORNIA IBEW- NECA TRUST FUNDS,, 588 F.3d 1000 (9th Cir. 2009)

. . . Cal.Code Regs. tit. 16, § 832.10. Brown did not hold a C-10 license. . . . .

SORRELL, v. STATE, 855 So. 2d 1253 (Fla. Dist. Ct. App. 2003)

. . . The supreme court’s decision turned on section 2 of Chapter 98-223, which created section 832.10, involving . . .

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. P. CRITCHFIELD,, 842 So. 2d 782 (Fla. 2003)

. . . Section 2 creates section 832.10, Florida Statutes to provide that a payee on a worthless check may place . . . Section 832.10, Florida Statutes, is created to read: 832.10 Alternative to bad check diversion program . . . The suspect section, which became section 832.10(1), Florida Statutes, is section 2, entitled, “Violations . . .

SAWYER, v. STATE, 819 So. 2d 966 (Fla. Dist. Ct. App. 2002)

. . . drivers licenses, and section 2, entitled “Violations Involving Checks and Drafts,” which became section 832.10 . . . Section 2 of Chapter 98-223, which became section 832.10, quoted earlier, provides a recipient of a bad . . . Those costs and fees are described in section 832.10, the provision the Critchfield panel found to have . . .

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. P. CRITCHFIELD,, 805 So. 2d 1034 (Fla. Dist. Ct. App. 2002)

. . . Section 2 creates section 832.10, Florida Statutes to provide that a payee on a worthless check may place . . .

HAROLD WILLIAM ABBOTT, ET AL. v. THE UNITED STATES, 146 Ct. Cl. 272 (Ct. Cl. 1959)

. . . June, July, August, September, and October, in the respective amounts of $652.40, $646.42, $780.00, $832.10 . . .

LEWIS JONES, v. COMMISSIONER OF INTERNAL REVENUE, 139 F.2d 564 (3d Cir. 1943)

. . . Petitioner had paid $112,-832.10 of this amount, with its customers paying the balance of $298,438.63 . . .

BUFFUM v. MARYLAND CASUALTY CO., 88 F.2d 547 (9th Cir. 1937)

. . . from an order made in bankruptcy approving the claim of Peter Barceloux Company for the sum of $35,-832.10 . . . The defendant therein, the Peter Barceloux Company, claimed that Henry Barceloux owed it $35,-832.10 . . .