Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 832.7 - Full Text and Legal Analysis
Florida Statute 832.07 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 832.07 Case Law from Google Scholar Google Search for Amendments to 832.07

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 832
VIOLATIONS INVOLVING CHECKS AND DRAFTS
View Entire Chapter
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.
(c) The information required in subparagraph (b)2. may be provided by either of two methods:
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 CourtListener

Amendments to 832.07


Annotations, Discussions, Cases:

Cases Citing Statute 832.07

Total Results: 16

Harder v. Edwards

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

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 60250433

Cited 25 times | Published

1988 WL 30672, at *1-2 (4th Cir.1988). Under Section 832.07, Florida Statutes (2009), which applies only

Thomson McKinnon Securities, Inc. v. Light

534 So. 2d 757, 1988 WL 120878

District Court of Appeal of Florida | Filed: Nov 15, 1988 | Docket: 98938

Cited 9 times | Published

Thomson's claim of statutory immunity pursuant to section 832.07, Florida Statutes (1985).

Winn-Dixie Stores, Inc. v. Gazelle

523 So. 2d 648, 13 Fla. L. Weekly 632, 1988 Fla. App. LEXIS 1063, 1988 WL 20579

District Court of Appeal of Florida | Filed: Mar 10, 1988 | Docket: 1517237

Cited 5 times | Published

address on his check cashing card as authorized in § 832.07, Fla. Stat., and attempted to comply with the

Kehle v. Modansky

696 So. 2d 493, 1997 WL 362847

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1325891

Cited 4 times | Published

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

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

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103699

Published

collection. Ch. 79-345, § 2, Laws of Fla. (codified at § 832.07, Fla. Stat. (1979)) (emphasis added). However

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

District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687688

Published

signature as shown, which are all forged or 1See § 832.07, Fla. Stat. (2009). Chapter 832, Florida Statutes

Miranda v. State

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

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 64802550

Published

which is not an element of the crime. Id. Section 832.07, Florida Statutes (1997), provides that the

Cornell v. Jerome

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

District Court of Appeal of Florida | Filed: Jan 16, 1991 | Docket: 64655885

Published

spite of that knowledge. The court then applied section 832.07(1)(b), Florida Statutes (1987), which provides

Goings v. West Florida Hospital

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

District Court of Appeal of Florida | Filed: Oct 2, 1986 | Docket: 64626202

Published

immunity from civil liability provided under section 832.07(l)(a), Florida Statutes (1983) (which is granted

Gazelle v. Winn-Dixie Stores, Inc.

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

District Court of Appeal of Florida | Filed: Sep 12, 1985 | Docket: 64614686

Published

The effect of the majority opinion is to nullify § 832.07(2)(c), Fla.Stat., which authorizes the use of

Goings v. West Florida Hospital

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

District Court of Appeal of Florida | Filed: Dec 14, 1984 | Docket: 64609159

Published

dismiss based upon the trial court’s finding that section 832.07, Florida Statutes (1983) grants immunity from

Johnson v. State

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

District Court of Appeal of Florida | Filed: Jan 30, 1984 | Docket: 64602435

Published

presumptions override appellant’s position. Section 832.07(l)(a) provides, in part: In any prosecution

Scientific Products v. Garcia

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

District Court of Appeal of Florida | Filed: Nov 29, 1983 | Docket: 64601796

Published

damages, Scientific Products appeals. We reverse. Section 832.07(l)(a), Florida Statutes (1979) provides a method

McFarland v. State

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

District Court of Appeal of Florida | Filed: Mar 21, 1979 | Docket: 64569160

Published

Chapter the State would have had the advantage of § 832.07 which might well have provided a presumption or

Kravets v. State

360 So. 2d 486, 1978 Fla. App. LEXIS 15954

District Court of Appeal of Florida | Filed: Jul 12, 1978 | Docket: 64565267

Published

pursuant to Section 832.07, Florida Statutes (1975). The appellant argues that Section 832.07, Florida Statutes

Ago

Florida Attorney General Reports | Filed: Aug 11, 1976 | Docket: 3258710

Published

service fee to the amount due. AS TO QUESTION 2: Section 832.07(1)(a), F. S., as created by Ch. 75-189, Laws