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: District Court of Appeal of Florida | Date Filed: 2023-12-20

Snippet: done. The complaint sought relief under section 68.065, Florida Statutes (2018). 1 1 One of the checks

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

Court: District Court of Appeal of Florida | Date Filed: 2023-05-24

Snippet: check in the amount of $8,283, pursuant to section 68.065, Florida Statutes (2021). On the same day that

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

Court: District Court of Appeal of Florida | Date Filed: 2022-09-23

Snippet: alleged a worthless instrument claim under section 68.065, Florida Statutes (2019).1 On that count, A &

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

Court: District Court of Appeal of Florida | Date Filed: 2021-12-08

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: District Court of Appeal of Florida | Date Filed: 2020-11-18

Snippet: issuance of a worthless check, pursuant to section 68.065 of the Florida Statutes; (ii) to pierce the corporate

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

Court: District Court of Appeal of Florida | Date Filed: 2017-12-27

Citation: 235 So. 3d 1010

Snippet: against Sanders alleging a count under section 68.065, Florida Statutes (2015), to recover treble damages

Infrax Systems, Inc. v. Wood

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 155 So. 3d 426, 2015 Fla. App. LEXIS 100, 2015 WL 72260

Snippet: ages and processing fees awarded under section 68.065, Florida Statutes (2011), because there was no

Sarras v. Mills-Sarras

Court: District Court of Appeal of Florida | Date Filed: 2014-08-08

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

Snippet: upon the statutory liability specified in section 68.065, Florida Statutes (2007) and, thus, the four-year

Baggett v. Clark

Court: District Court of Appeal of Florida | Date Filed: 2014-07-03

Citation: 161 So. 3d 491, 2014 WL 2968834, 2014 Fla. App. LEXIS 10241

Snippet: brought an action against Baggett under section 68.065, Florida Statutes, seeking damages for the stop

Big Bang Miami Entertainment, LLC v. Moumina

Court: District Court of Appeal of Florida | Date Filed: 2014-03-26

Citation: 137 So. 3d 1117, 83 U.C.C. Rep. Serv. 2d (West) 306, 2014 WL 1230504, 2014 Fla. App. LEXIS 4411

Snippet: Ojeda for issuing the worthless checks.1 See § 68.065(3)(a), Fla. Stat. (2013) (providing that the maker

Hutson v. Plantation Open MRI, LLC

Court: District Court of Appeal of Florida | Date Filed: 2011-08-03

Citation: 66 So. 3d 1042, 2011 Fla. App. LEXIS 12212, 2011 WL 3300213

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: District Court of Appeal of Florida | Date Filed: 2010-08-25

Citation: 43 So. 3d 138, 2010 Fla. App. LEXIS 12408, 2010 WL 3324440

Snippet: refused payment; and thereafter, pursuant to section 68.065, Florida Statutes (2006), the plaintiff made written

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

Court: Supreme Court of Florida | Date Filed: 2010-04-15

Citation: 50 So. 3d 503, 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111

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

Krueger v. Ponton

Court: District Court of Appeal of Florida | Date Filed: 2009-03-13

Citation: 6 So. 3d 1258, 2009 Fla. App. LEXIS 2249, 2009 WL 632087

Snippet: treble damages for a bad check pursuant to section 68.065 of the Florida Statutes (2004). According to the

OCALA JOCKEY CLUB, LLC v. Rogers

Court: District Court of Appeal of Florida | Date Filed: 2008-05-16

Citation: 981 So. 2d 1245, 2008 WL 2064661

Snippet: worthless check statute, section 68.065(1), were under consideration. Section 68.065(1) specifically provides

Sumner Group, Inc. v. MC DISTRIBUTEC

Court: District Court of Appeal of Florida | Date Filed: 2007-03-07

Citation: 949 So. 2d 1205, 2007 WL 675326

Snippet: fees under both the worthless check statute, § 68.065, Fla. Stat. (2005), and under the written agreement

Schneider v. Slichter

Court: District Court of Appeal of Florida | Date Filed: 2005-12-21

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

Valliappan v. Cruz

Court: District Court of Appeal of Florida | Date Filed: 2005-12-14

Citation: 917 So. 2d 257, 2005 WL 3411797

Snippet: Cruz's attorney demanded $180,000 under section 68.065, Florida Statutes (2004), regarding bad checks

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

Court: District Court of Appeal of Florida | Date Filed: 2004-04-21

Citation: 873 So. 2d 427, 2004 Fla. App. LEXIS 5487, 2004 WL 840254

Snippet: for lost profits as well as damages under section 68.065, Florida Statutes (2001), in the amount of the

Paramount v. Gilbert

Court: District Court of Appeal of Florida | Date Filed: 2004-03-17

Citation: 867 So. 2d 642, 2004 Fla. App. LEXIS 3316, 2004 WL 515539

Snippet: PER CURIAM. Pursuant to section 68.065(1), Florida Statutes (2001), appellant Velecta Paramount brought