Florida Statute 68.065 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

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F.S. 68.065

68.065 Actions to collect worthless payment instruments; attorney fees and collection costs.—

(1) As used in this section, the term “payment instrument” or “instrument” means a check, draft, order of payment, debit card order, or electronic funds transfer.

(2) In lieu of a service charge authorized under subsection (3), s. 832.062(4)(a), or s. 832.07, the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, may lawfully collect bank fees actually incurred by the payee in the course of tendering the payment, 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 5 percent of the face value of the payment instrument, whichever is greater. The right to damages under this subsection may be claimed without the filing of a civil action.

(3)(a) In any civil action brought for the purpose of collecting a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, and where the maker or drawer fails to pay the amount owing, in cash, to the payee within 30 days after a written demand therefor, as provided in subsection (4), the maker or drawer is liable to the payee, in addition to the amount owing upon such payment instrument, for damages of triple the amount so owing. However, in no case shall the liability for damages be less than $50. The maker or drawer is also liable for any court costs and reasonable attorney fees incurred by the payee in taking the action. Criminal sanctions, as provided in s. 832.07, may be applicable.

(b) The payee may also charge the maker or drawer of the payment instrument a service charge not to exceed the service fees authorized under s. 832.08(5) or 5 percent of the face amount of the instrument, whichever is greater, when making written demand for payment. In the event that a judgment or decree is rendered, interest at the rate and in the manner described in s. 55.03 may be added toward the total amount due. Any bank fees incurred by the payee may be charged to the maker or drawer of the payment instrument.

(4) Before recovery under subsection (3) may be claimed, a written demand must be delivered by certified or registered mail, evidenced by return receipt, or by first-class mail, evidenced by an affidavit of service of mail, to the maker or drawer of the payment instrument to the address on the instrument, to the address given by the drawer at the time the instrument was issued, or to the drawer’s last known address. The form of such notice shall be substantially as follows:

“You are hereby notified that a check, draft, order of payment, debit card order, or electronic funds transfer 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 30 days from receipt of this notice to tender payment in cash of the full amount of the dishonored payment instrument, 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 5 percent of the face amount of the dishonored instrument, whichever is greater, the total amount due being $ and cents. Unless this amount is paid in full within the 30-day period, the holder of the dishonored payment instrument may file a civil action against you for three times the amount of the dishonored instrument, but in no case less than $50, in addition to the payment of the dishonored instrument plus any court costs, reasonable attorney fees, and any bank fees incurred by the payee in taking the action.”

(5) A subsequent person receiving a payment instrument from the original payee or a successor endorsee has the same rights that the original payee has against the maker of the instrument, if such subsequent person gives notice in a substantially similar form to that provided in subsection (4). A subsequent person providing such notice is 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 the subsequent person as against the original payee. However, the remedies available under this section may be exercised only by one party in interest.

(6) After commencement of the action but before the hearing, the maker or drawer may tender to the payee, as satisfaction of the claim, an amount of money equal to the sum of the payment instrument, the service charge, court costs, and incurred bank fees. Other provisions notwithstanding, the maker or drawer is liable to the payee for all attorney fees and collection costs incurred by payee as a result of the payee’s claim.

(7) If the court or jury determines that the failure of the maker or drawer to satisfy the dishonored payment instrument was due to economic hardship, the court or jury has the discretion to waive all or part of the statutory damages.

History.—s. 2, ch. 79-345; s. 1, ch. 86-89; s. 41, ch. 88-381; s. 1, ch. 89-303; s. 1, ch. 91-211; s. 1, ch. 96-239; s. 1, ch. 98-297; s. 1, ch. 2001-243; s. 1, ch. 2003-69; s. 1, ch. 2013-113.

F.S. 68.065 on Google Scholar

F.S. 68.065 on Casetext

Amendments to 68.065

Arrestable Offenses / Crimes under Fla. Stat. 68.065

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.065.

Annotations, Discussions, Cases:

Cases Citing Statute 68.065

Total Results: 20

Saad Remodeling & Custom Home Builders, Inc. and Saad Home, Inc. v. Reyes FC Services Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-20T00:00:00-08:00

Snippet: taking the action.” § 68.065(3)(a), Fla. Stat. (2018). Similarly, section 68.065(6), in describing a pretrial…fees . . . as provided in s. 68.065.”). Cases treating section 68.065 as a prevailing party attorney…done. The complaint sought relief under section 68.065, Florida Statutes (2018). 1 1 One of the checks…and $4,500 in treble damages, pursuant to section 68.065(3)(a). Appellants moved for an award of attorney…attorney’s fees and costs pursuant to section 68.065, arguing that they were the prevailing party on two

JOHN WOLF and VICTORIA WOLF v. PETER M. HABASHY, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-24T00:53:00-07:00

Snippet: worthless check based on section 68.065, Florida Statutes (2021). Section 68.065 provides that that a party …check in the amount of $8,283, pursuant to section 68.065, Florida Statutes (2021). On the same day that …payment on the instrument with intent to defraud.” § 68.065(3)(a), Fla. Stat. (2021) (emphasis added). “From

ALL MY SONS MOVING & STORAGE OF SOUTHWEST FLORIDA, INC. v. A & E TRUCK SERVICE, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-23T00:53:00-07:00

Snippet: alleged a worthless instrument claim under section 68.065, Florida Statutes (2019).1 On that count, A &…plaintiff can only obtain damages under section 68.065(3)(a) of the Florida Statutes if the "maker

PRONTOCASH, LLC v. THE AUTOBOUTIQUE OF MIAMI, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2021-12-07T23:53:00-08:00

Snippet: payment on two worthless checks pursuant to section 68.065, Florida Statutes, and for violation of the duty

BEO MANAGEMENT CORP. v. JORGE M. CABALLE HORTA, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-17T23:53:00-08:00

Snippet: issuance of a worthless check, pursuant to section 68.065 of the Florida Statutes; (ii) to pierce the corporate… account did not have sufficient funds. Section 68.065(3)(a) of the Florida Statutes (2015) provides

Sanders Farm of Ocala, Inc. v. Bay Area Truck Sales, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-27T00:00:00-08:00

Citation: 235 So. 3d 1010

Snippet: against Sanders alleging a count under section 68.065, Florida Statutes (2015), to recover treble damages… judgment. Bay Area asserted that under section 68.065 a maker is liable if payment has beén stopped on… be determined at trial. Id. at 183-84. Section 68.065(3)(a) of the worthless check statute allows for…instrument, for damages of triple the amount so owing. § 68.065(3)(a) (emphasis added). Bay Area appears to argue…relied upon, the Fourth District considered section 68.065, Florida Statutes (2001). In doing so, the Fourth

Infrax Systems, Inc. v. Wood

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-07T00:00:00-08:00

Citation: 155 So. 3d 426

Snippet: ages and processing fees awarded under section 68.065, Florida Statutes (2011), because there was no …damages and processing fees awarded under section 68.065 for checks delivered by Infrax to Mr. Wood that…processing fees on the checks in accordance with section 68.065. See Schneider v. Slichter, 917 So.2d…dissenting) (“A civil action pursuant to section 68.065, Florida Statutes requires proof that: (a) a check

Sarras v. Mills-Sarras

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-08T00:00:00-07:00

Citation: 161 So. 3d 509, 2014 WL 3871235, 2014 Fla. App. LEXIS 12146

Snippet: by Sarras was not founded on section 68.065. *511Section 68.065(1), Florida Statutes (2007),2 provides…upon the statutory liability specified in section 68.065, Florida Statutes (2007) and, thus, the four-year… existed prior to the 1979 enactment of section 68.065. Indeed, in 1968, the Florida Supreme Court approved…Procedure, 211 So.2d 174, 188 (Fla.1968). Section 68.065 does not create an exclusive means to bring an … of her motion for summary judgment. .Section 68.065(1), Florida Statutes (2007), states: In any civil

Baggett v. Clark

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-03T00:00:00-07:00

Citation: 161 So. 3d 491

Snippet: brought an action against Baggett under section 68.065, Florida Statutes, seeking damages for the stop…setoff is not an available defense to a section 68.065 action). Particularly in the instant case, it would…the intent to defraud element required by section 68.065, Florida Statutes. The statute at issue provides…. for damages of triple the amount so owing.” § 68.065(3)(a), Fla. Stat. In this case, even if Baggett…REMANDED. SAWAYA and ORFINGER, JJ., concur. . § 68.065, Fla. Stat. (2012). . Baggett also filed a counterclaim

Big Bang Miami Entertainment, LLC v. Moumina

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-26T00:00:00-07:00

Citation: 137 So. 3d 1117

Snippet: Ojeda for issuing the worthless checks.1 See § 68.065(3)(a), Fla. Stat. (2013) (providing that the maker… plus triple that amount as provided by section 68.065. Four months later, both Big Bang and Ojeda sought…stated a valid cause of action pursuant to section 68.065(3)(a), as to it. Section 673.4021 of the Florida…required to Big Bang and Ojeda as required by section 68.065 of the Florida Statutes alerting them that they…days in which to make good on the checks. See § 68.065(4), Fla. Stat. (2013) (providing in part that &

Hutson v. Plantation Open MRI, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-03T00:00:00-07:00

Citation: 66 So. 3d 1042

Snippet: hardship caused by Plantation MRI’s actions. Section 68.065(6), Florida Statutes, provides that “[i]f the court

Diaz v. Bell MicroProducts-Future Tech, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-08-25T00:00:00-07:00

Citation: 43 So. 3d 138

Snippet: refused payment; and thereafter, pursuant to section 68.065, Florida Statutes (2006), the plaintiff made written…likely to reoccur on remand. Relying on section 68.065(6), Diaz argued that the trial court erred by entering…dishonored checks was due to economic hardship. Section 68.065(6) reads as follows: If the court or jury determines…1383, 1384 (Fla. 4th DCA 1995) (“[Wjhen section 68.065(6) ... speaks of the court’s authority to waive…1302, 1303 (Fla. 3d DCA 1989) (noting that section 68.065 has a provision “which allows the trier of fact

In re Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating the Florida Bar

Court: Fla. | Date Filed: 2010-04-15T00:00:00-07:00

Citation: 50 So. 3d 503

Snippet: (not to exceed the amount prescribed by Section 68.065, Florida Stat- 5. MONEY DUE PRIOR TO OCCUPANCY.

Krueger v. Ponton

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-13T00:00:00-07:00

Citation: 6 So. 3d 1258

Snippet: treble damages for a bad check pursuant to section 68.065 of the Florida Statutes (2004). According to the…to make a claim for treble damages under section 68.065 of the Florida Statutes. After considering the …treble damages and attorney’s fees pursuant to § 68.065, Fla. Stat. *1261Plaintiffs failed to state a cause

OCALA JOCKEY CLUB, LLC v. Rogers

Court: Fla. Dist. Ct. App. | Date Filed: 2008-05-16T00:53:00-07:00

Citation: 981 So. 2d 1245

Snippet: worthless check statute, section 68.065(1), were under consideration. Section 68.065(1) specifically provides …the holding in Nasr and the provisions of section 68.065(1) belie the argument espoused by Rogers because

Sumner Group, Inc. v. MC DISTRIBUTEC

Court: Fla. Dist. Ct. App. | Date Filed: 2007-03-06T23:53:00-08:00

Citation: 949 So. 2d 1205

Snippet: fees under both the worthless check statute, § 68.065, Fla. Stat. (2005), and under the written agreement…on its worthless check claim under Fla. Stat. § 68.065. Thus, an award of attorney's fees was mandatory

Schneider v. Slichter

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-21T00:00:00-08:00

Citation: 917 So. 2d 299, 2005 Fla. App. LEXIS 20063, 2005 WL 3478175

Snippet: bad check claim básed on a violation of section 68.065, Florida Statutes. The case involves the sale of…. In moving for summary judgment on the section 68.065 bad check claim, the appel-lees, plaintiffs below…4th DCA 1968). A civil action pursuant to section 68.065, Florida Statutes requires proof that: (a) a check…the drawee bank because of the lack of funds.” § 68.065(1), Fla. Stat.1 In the instant case, there is no…payment on the check ... with intent to defraud.” § 68.065(1), Fla. Stat. No. 4D04-1040 District

Valliappan v. Cruz

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-13T23:53:00-08:00

Citation: 917 So. 2d 257

Snippet: 's attorney demanded $180,000 under section 68.065, Florida Statutes (2004), regarding bad checks.…not an attempt to preserve rights under section 68.065, the demand did not transform the transaction into

Madness, L.P. v. DiTocco Konstruction, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-21T00:00:00-07:00

Citation: 873 So. 2d 427

Snippet: for lost profits as well as damages under section 68.065, Florida Statutes (2001), in the amount of the …the check, which were tripled. Section 68.065, Florida Statutes (2001), provides: (1) In any civil action

Paramount v. Gilbert

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-17T00:00:00-08:00

Citation: 867 So. 2d 642

Snippet: PER CURIAM. Pursuant to section 68.065(1), Florida Statutes (2001), appellant Velecta Paramount…Michael Gilbert, in his individual capacity. Section 68.065(1) applies in “any civil action brought for the… If Gilbert is not liable on the check, section 68.065(1) does not create a separate cause of action which