Florida Statute 832.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 832
VIOLATIONS INVOLVING CHECKS AND DRAFTS

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F.S. 832.07

832.07 Prima facie evidence of intent; identity.—

(1) INTENT.—

(a) In any prosecution or action under this chapter, the making, drawing, uttering, or delivery of a check, draft, or order, payment of which is refused by the drawee because of lack of funds or credit, shall be prima facie evidence of intent to defraud or knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, unless such maker or drawer, or someone for him or her, shall have paid the holder thereof the amount due thereon, together with a service charge not to exceed the service fees authorized under s. 832.08(5) or an amount of up to 5 percent of the face amount of the check, whichever is greater, within 15 days after written notice has been sent to the address printed on the check or given at the time of issuance that such check, draft, or order has not been paid to the holder thereof, and bank fees incurred by the holder. In the event of legal action for recovery, the maker or drawer may be additionally liable for court costs and reasonable attorney’s fees. Notice mailed by certified or registered mail, evidenced by return receipt, or by first-class mail, evidenced by an affidavit of service of mail, to the address printed on the check or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not. The form of such notice shall be substantially as follows:

“You are hereby notified that a check, 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 15 days from the date of this notice to tender payment of the full amount of such check 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 an amount of up to 5 percent of the face amount of the check, whichever is greater, the total amount due being $ and cents. Unless this amount is paid in full within the time specified above, the holder of such check may turn over the dishonored check and all other available information relating to this incident to the state attorney for criminal prosecution. You may be additionally liable in a civil action for triple the amount of the check, but in no case less than $50, together with the amount of the check, a service charge, court costs, reasonable attorney fees, and incurred bank fees, as provided in s. 68.065, Florida Statutes.”

Subsequent persons receiving a check, draft, or order from the original payee or a successor endorsee have the same rights that the original payee has against the maker of the instrument, provided such subsequent persons give notice in a substantially similar form to that provided above. Subsequent persons providing such notice shall be 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 these subsequent persons as against the original payee. However, the remedies available under this section may be exercised only by one party in interest.

(b) When a check is drawn on a bank in which the maker or drawer has no account or a closed account, it shall be presumed that such check was issued with intent to defraud, and the notice requirement set forth in this section shall be waived.

(2) IDENTITY.—

(a) In any prosecution or action under the provisions of this chapter, a check, draft, or order for which the information required in paragraph (b), paragraph (d), paragraph (e), or paragraph (f) is available at the time of issuance constitutes prima facie evidence of the identity of the person issuing the check, draft, or order and that such person is authorized to draw upon the named account.

(b) To establish this prima facie evidence:

1. The driver license number or state identification number, specifying the state of issuance of the person presenting the check must be written on the check; or

2. The following information regarding the identity of the person presenting the check must be obtained by the person accepting such check: The presenter’s full name, residence address, home phone number, business phone number, place of employment, sex, date of birth, and height.

1. The information may be recorded on the check; or

2. The number of a check-cashing identification card issued by the accepter of the check may be recorded on the check. In order to be used to establish identity, such check-cashing identification card may not be issued until the information required in subparagraph (b)2. has been placed on file with the accepter of the check.

(d) If a check is received by a payee through the mail or by delivery to a representative of the payee, the prima facie evidence referred to in paragraph (a) may be established by presenting the original contract, order, or request for services that the check purports to pay for, bearing the signature of the person who signed the check, or by presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter of the check together with the signature of the person presenting the check.

(e) If a check is received by a payee and the drawer or maker has a check-cashing identification card on file with the payee, the prima facie evidence referred to in paragraph (a) may be established by presenting the signature found on the check-cashing identification card bearing the signature of the person who signed the check.

(f) If a check is received by the Department of Revenue through the mail or by delivery to a representative of the Department of Revenue, the prima facie evidence referred to in paragraph (a) may be established by presenting the original tax return, certificate, license, application for certificate or license, or other document relating to amounts owed by that person or taxpayer which the check purports to pay for, bearing the signature of the person who signed the check, or by presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter of the check together with the signature of the person presenting the check. The use of taxpayer information for purposes of establishing the identity of a person pursuant to this paragraph shall be considered a use of such information for official purposes.

History.—s. 1, ch. 75-189; s. 1, ch. 77-174; s. 1, ch. 79-345; s. 1, ch. 80-301; s. 2, ch. 86-89; s. 10, ch. 86-161; s. 1, ch. 86-198; s. 12, ch. 87-102; s. 2, ch. 89-303; s. 2, ch. 91-211; s. 1, ch. 94-207; s. 3, ch. 96-239; s. 1821, ch. 97-102; s. 3, ch. 98-297; s. 7, ch. 2004-273; s. 47, ch. 2017-3.

F.S. 832.07 on Google Scholar

F.S. 832.07 on Casetext

Amendments to 832.07

Arrestable Offenses / Crimes under Fla. Stat. 832.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 832.07.

Annotations, Discussions, Cases:

Cases Citing Statute 832.07

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: . Ch. 79-345, § 2, Laws of Fla. (codified at § 832.07, Fla. Stat. (1979)) (emphasis added). However…1986 amendments to both section 68.065 and section 832.07, only the maker or drawer of a check is made liable…also Ch. 86-89, § 2, Laws of Fla. (codified at § 832.07(1)(a), Fla. Stat. (1986)) (“[The maker or drawer

Steven Richard Taylor v. State of Florida

Court: Fla. | Date Filed: 2018-12-19T23:53:00-08:00

Snippet: 1993) (direct appeal), cert. denied, 513 U.S. 832 7. Hurst v. State (Hurst), 202 So. 3d 40 (Fla

William Harder, an individually, and as a Detective with the City of Fort Lauderdale Police Department, the TJX Companies, Inc. and Derek Carlson v. LaToya Edwards

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-26T00:53:00-07:00

Snippet: signature as shown, which are all forged or 1See § 832.07, Fla. Stat. (2009). Chapter 832, Florida Statutes…Violations Involving Checks and Drafts.” Section 832.07(2)(a) creates a procedure that establishes “prima…Chapter 831, Florida Statutes (2009), so the section 832.07(2)(a) presumption did not apply. … 30672, at *1-*2 (4th Cir. 1988). Under Section 832.07, Florida Statutes (2009), which applies only to

Harder v. Edwards

Court: Fla. Dist. Ct. App. | Date Filed: 2015-08-26T00:00:00-07:00

Citation: 174 So. 3d 524, 2015 Fla. App. LEXIS 12772, 2015 WL 5026301

Snippet: WL 30672, at *1-2 (4th Cir.1988). Under Section 832.07, Florida Statutes (2009), which applies only to…, RICHARD L., Associate Judge, concur. . See § 832.07, Fla. Stat. (2009). Chapter 832, Florida Statutes…Violations In*528volving Checks and Drafts.” Section 832.07(2)(a) creates a procedure that establishes "…Chapter 831, Florida Statutes (2009), so the section 832.07(2)(a) presumption did not apply. . Detective

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: the action. Criminal sanctions, as provided in s. 832.07, may be applicable. . Minor changes have been

Wells v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-01-30T00:00:00-08:00

Citation: 807 So. 2d 132, 2002 Fla. App. LEXIS 733, 2002 WL 112464

Snippet: this case the State has the benefit of paragraph 832.07(l)(a), Florida Statutes, which provides that the…the notification letter called for by paragraph 832.07(l)(a), Florida Statutes, which in substance demands…another statutory demand letter under paragraph 832.07(l)(a). We disagree. Contrary to the defendant’s…for the demand letter is contained in subsection 832.07(1), Florida Statutes, which creates a presumption…the statutory notification set forth in paragraph 832.07(l)(a). Further, we know of no authority, and defendant

Miranda v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-06T00:00:00-08:00

Citation: 773 So. 2d 1195, 2000 Fla. App. LEXIS 15899, 2000 WL 1781683

Snippet: section 832.07. However, Miranda rebutted the prima facie showing of knowledge under section 832.07 with …which is not an element of the crime. Id. Section 832.07, Florida Statutes (1997), provides that the delivery…prima facie evidence of knowledge under section 832.07 and the State did not establish knowledge under

Kehle v. Modansky

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-02T00:53:00-07:00

Citation: 696 So. 2d 493

Snippet: check in violation of Florida Statutes section 832.07. We affirm in part and reverse in part. Appellants

McCraney v. Barberi

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-02T00:53:00-07:00

Citation: 677 So. 2d 355

Snippet: efforts regarding worthless checks. §§ 68.065(2) and 832.07(1)(a), Fla. Stat. (1991). Barberi and Safe-Check

Cortes v. State Bd. of Regents

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-25T00:53:00-07:00

Citation: 655 So. 2d 132

Snippet: ), 240.264-.267, 240.531(3), 240.533(4)(a), and 832.07(1), Florida Statutes. The parties stipulated that

Cornell v. Jerome

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-16T00:00:00-08:00

Citation: 573 So. 2d 171, 1991 Fla. App. LEXIS 270, 1991 WL 3591

Snippet: that knowledge. The court then applied section 832.07(1)(b), Florida Statutes (1987), which provides …through the application of the presumption in section 832.07(1)(b), the trial court found Tourismart of America… that the trial court erred in applying section 832.07(l)(b), because chapter 832 is a criminal statute

L & F Partners, Ltd. v. Miceli

Court: Fla. Dist. Ct. App. | Date Filed: 1990-05-04T00:00:00-07:00

Citation: 561 So. 2d 1227, 1990 Fla. App. LEXIS 3037, 1990 WL 57817

Snippet: the action. Criminal sanctions, as provided in s. 832.07 may be applicable. (2) The payee may also charge

Thomson McKinnon Securities, Inc. v. Light

Court: Fla. Dist. Ct. App. | Date Filed: 1988-11-14T23:53:00-08:00

Citation: 534 So. 2d 757

Snippet: claim of statutory immunity pursuant to section 832.07, Florida Statutes (1985). 86-3091, 87-

Winn-Dixie Stores, Inc. v. Gazelle

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-09T23:53:00-08:00

Citation: 523 So. 2d 648

Snippet: address on his check cashing card as authorized in § 832.07, Fla. Stat., and attempted to comply with the provisions…acknowledgment or reply to the certified letter but § 832.07 provides that a notice complying with the law is

Goings v. West Florida Hospital

Court: Fla. Dist. Ct. App. | Date Filed: 1986-10-02T00:00:00-07:00

Citation: 504 So. 2d 1254, 1986 Fla. App. LEXIS 9987, 11 Fla. L. Weekly 2091

Snippet: immunity from civil liability provided under section 832.07(l)(a), Florida Statutes (1983) (which is granted… complied with the notice provisions of section 832.07, disputed questions of fact relating to the probable…avail itself of the immunity afforded by section 832.07. Other disputed questions of fact exist as to the…immediately sending payment upon receipt of her 832.07 notice from the hospital. Compare this Court’s

Gazelle v. Winn-Dixie Stores, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-09-12T00:00:00-07:00

Citation: 476 So. 2d 710, 10 Fla. L. Weekly 2132, 1985 Fla. App. LEXIS 15854

Snippet: effect of the majority opinion is to nullify § 832.07(2)(c), Fla.Stat., which authorizes the use of a…, sex, date of birth, height, and race. Section 832.07(l)(a), Fla.Stat., provides in part: Notice mailed…undelivered or not. (Emphasis supplied.) Subsection 832.07(2)(b), Fla.Stat. provides that the information

Goings v. West Florida Hospital

Court: Fla. Dist. Ct. App. | Date Filed: 1984-12-14T00:00:00-08:00

Citation: 461 So. 2d 979, 9 Fla. L. Weekly 2601, 1984 Fla. App. LEXIS 16278

Snippet: based upon the trial court’s finding that section 832.07, Florida Statutes (1983) grants immunity from civil…the Hospital marked “insufficient funds.” Section 832.07(l)(a), Florida Statutes (1983), provides that the

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1984-01-30T00:00:00-08:00

Citation: 444 So. 2d 563, 1984 Fla. App. LEXIS 11495

Snippet: presumptions override appellant’s position. Section 832.07(l)(a) provides, in part: In any prosecution or …within the meaning of the term “delivery” in section 832.07. There*565fore, appellant’s undisputed act of depositing

Scientific Products v. Garcia

Court: Fla. Dist. Ct. App. | Date Filed: 1983-11-29T00:00:00-08:00

Citation: 442 So. 2d 1019, 1983 Fla. App. LEXIS 24416

Snippet: Scientific Products appeals. We reverse. Section 832.07(l)(a), Florida Statutes (1979) provides a method…1942). The defendant in accordance with section 832.07(l)(a) turned over the information to the state

McFarland v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1979-03-21T00:00:00-08:00

Citation: 368 So. 2d 948, 1979 Fla. App. LEXIS 14286

Snippet: Chapter the State would have had the advantage of § 832.07 which might well have provided a presumption or…seek the aid of the evidentiary *950aspects of § 832.07.1 Instead this appellant was charged with grand…worthless check or draft. The chapter also contains § 832.07 which provides that the delivery of a worthless