Florida Statute 560.405 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 560
MONEY SERVICES BUSINESSES

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F.S. 560.405

560.405 Deposit; redemption.—

(1) The deferred presentment provider or its affiliate may not present the drawer’s check before the end of the deferment period, except for a missed scheduled payment for a deferred presentment installment transaction that has not been otherwise deferred pursuant to s. 560.404(23), as reflected and described in the deferred presentment transaction agreement.

(2) Before a deferred presentment provider presents the drawer’s check, the check must be endorsed with the name under which the deferred presentment provider is doing business.

(3) Notwithstanding subsection (1), in lieu of presentment, a deferred presentment provider may allow the check to be redeemed at any time upon payment of the outstanding transaction balance and earned fees. However, payment may not be made in the form of a personal check. Upon redemption, the deferred presentment provider must return the drawer’s check and provide a signed, dated receipt showing that the drawer’s check has been redeemed.

(4) A drawer may not be required to redeem his or her check in full before the agreed-upon date; however, the drawer may choose to redeem the check before the agreed-upon presentment date.

History.—s. 13, ch. 2001-119; s. 46, ch. 2008-177; s. 3, ch. 2018-26.

F.S. 560.405 on Google Scholar

F.S. 560.405 on Casetext

Amendments to 560.405

Arrestable Offenses / Crimes under Fla. Stat. 560.405

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

S560.405 - FRAUD - PROVIDER PRESENT DRAWER CHECK BEFORE DATE DUE - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 560.405

Total Results: 2

Law Office of Stern v. Security Nat. Corp.

Court: Supreme Court of Florida | Date Filed: 2007-07-05

Citation: 969 So. 2d 962, 32 Fla. L. Weekly Supp. 396, 2007 Fla. LEXIS 1197, 2007 WL 1932251

Snippet: Christison v. Jones, 83 Ill.App.3d 334, 39 Ill.Dec. 560, 405 N.E.2d 8, 10 (1980)). In Stern, the legal malpractice

Washington v. Fireman's Fund Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1984-11-28

Citation: 459 So. 2d 1148

Snippet: Christison v. Jones, 83 Ill. App.3d 334, 39 Ill.Dec. 560, 405 N.E.2d 8 (1980); Goodley v. Wank & Wank, Inc.