Florida Statute 215.34 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 215
FINANCIAL MATTERS: GENERAL PROVISIONS

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F.S. 215.34

215.34 State funds; noncollectible items; procedure.—

(1) Any check, draft, or other order for the payment of money in payment of any licenses, fees, taxes, commissions, or charges of any sort authorized to be made under the laws of the state and deposited in the State Treasury as provided herein, which may be returned for any reason by the bank or other payor upon which same shall have been drawn shall be forthwith returned by the Chief Financial Officer for collection to the state officer, the state agency, or the entity of the judicial branch making the deposit. In such case, the Chief Financial Officer may issue a debit memorandum charging an account of the agency, officer, or entity of the judicial branch which originally received the payment. The original of the debit memorandum shall state the reason for the return of the check, draft, or other order and shall accompany the item being returned to the officer, agency, or entity of the judicial branch being charged. The officer, agency, or entity of the judicial branch receiving the charged-back item shall debit the charge against the fund or account to which the same shall have been originally credited. Such procedure for handling noncollectible items shall not be construed as paying funds out of the State Treasury without an appropriation, but shall be considered as an administrative procedure for the efficient handling of state records and accounts.

(2) Whenever a check, draft, or other order for the payment of money is returned by the Chief Financial Officer, or by a qualified public depository as defined in s. 280.02, to a state officer, a state agency, or the judicial branch for collection, the officer, agency, or judicial branch shall add to the amount due a service fee of $15 or 5 percent of the face amount of the check, draft, or order, whichever is greater. An agency or the judicial branch may adopt a rule which prescribes a lesser maximum service fee, which shall be added to the amount due for the dishonored check, draft, or other order tendered for a particular service, license, tax, fee, or other charge, but in no event shall the fee be less than $15. The service fee shall be in addition to all other penalties imposed by law, except that when other charges or penalties are imposed by an agency related to a noncollectible item, the amount of the service fee shall not exceed $150. Proceeds from this fee shall be deposited in the same fund as the collected item. Nothing in this section shall be construed as authorization to deposit moneys outside the State Treasury unless specifically authorized by law.

(3) When a county or municipal official or agency is acting for a state official or agency or the judicial branch in the collection of fees or other charges, the service fee collected under this section shall be retained by the collector of the fee.

History.—s. 5, ch. 22833, 1945; s. 1, ch. 75-56; s. 3, ch. 86-51; s. 5, ch. 87-331; s. 1, ch. 90-212; s. 19, ch. 92-142; s. 38, ch. 95-280; s. 213, ch. 2003-261; s. 5, ch. 2022-138; s. 92, ch. 2024-140.

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Amendments to 215.34

Arrestable Offenses / Crimes under Fla. Stat. 215.34

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 215.34.

Annotations, Discussions, Cases:

Cases Citing Statute 215.34

Total Results: 10

State v. Leon County, Fla.

Court: Supreme Court of Florida | Date Filed: 1982-02-25

Citation: 410 So. 2d 1346

Snippet: 159.34 must be read in pari materia with section 215.34, Florida Statutes (Supp. 1980), in order to reach

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Court: Florida Attorney General Reports | Date Filed: 1981-04-20

Snippet: check that turns out to be worthless. And see s. 215.34, id., providing the procedure, as between the state

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Court: Florida Attorney General Reports | Date Filed: 1979-04-02

Snippet: make the payment into the county treasury. Section 215.34(1), F. S., which involves the direct deposit into

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Court: Florida Attorney General Reports | Date Filed: 1977-11-17

Snippet: where the check was drawn for prosecution'; s. 215.34, F. S., providing the procedures for processing

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Court: Florida Attorney General Reports | Date Filed: 1976-08-11

Snippet: collecting a dishonored check or draft pursuant to s. 215.34(3), F. S.? 2. Must the Department of Revenue, or

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Court: Florida Attorney General Reports | Date Filed: 1976-03-23

Snippet: penalty that may be imposed by law. See also s. 215.34(2), F. S. (also derived from Ch. 75-56), which

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Court: Florida Attorney General Reports | Date Filed: 1974-12-06

Snippet: returned to it by the state treasurer pursuant to s. 215.34, F.S. However, the department head is not authorized

Kirkland v. Phillips

Court: Supreme Court of Florida | Date Filed: 1958-11-21

Citation: 106 So. 2d 909

Snippet: District. In State ex rel. Hanson v. Morqus, 160 Fla. 215, 34 So.2d 113, we held that a local act abolishing

Gray v. Moss

Court: Supreme Court of Florida | Date Filed: 1934-07-07

Citation: 156 So. 262, 115 Fla. 701, 1934 Fla. LEXIS 1672

Snippet: 1076. See also Kener v. La Grange Mills, 231 U.S. 215,34 Sup. Ct. 83, 58 Law Ed. 189; Bank of Minden v.

State Ex Rel. Croker v. Chillingworth

Court: Supreme Court of Florida | Date Filed: 1932-08-02

Citation: 143 So. 346, 106 Fla. 323

Snippet: v. Sanford, 18 Am. Dec. 149; Note 95 Am. Dec. 215; 34 Am. Dec. 98; 49 Am. Dec. 503; 49 A. S. R. 831;