Florida Statutes

Fla. Stat. § 832.07 (2025)

Prima facie evidence of intent; identity.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 16 cases (1 in the last 5 years), 1978–2023 · leading case: Harder v. Edwards, 174 So. 3d 524 (Fla. 4th DCA 2015).

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Harder v. Edwards, 174 So. 3d 524 (Fla. 4th DCA 2015). · cites it 6× “See § 832.07, Fla. Stat. (2009). Chapter 832, Florida Statutes covers "Violations In *528 volving Checks and Drafts.”

Winn-Dixie Stores, Inc. v. Gazelle, 523 So. 2d 648 (Fla. 1st DCA 1988). · cites it 3× “It sent him a notice by certified mail at the address on his check cashing card as authorized in § 832.07, Fla. Stat., and attempted to comply with the provisions of that law.”

Thomson McKinnon Sec., Inc. v. Light, 534 So. 2d 757 (Fla. 3d DCA 1988). · cites it 2× “Because we find that Light failed to prove an absence of probable cause, we need not reach Thomson's claim of statutory immunity pursuant to section 832.07, Florida Statutes (1985).”

Kravets v. State, 360 So. 2d 486 (Fla. 4th DCA 1978). · cites it 8× “He complains on appeal that the trial court erred in denying his motion to dismiss inasmuch as he made the check good within 20 days of receiving written notice, that the check has not been paid, pursuant to Section 832.07, Florida Statutes (1975). The appellant argues that…”

McFarland v. State, 368 So. 2d 948 (Fla. 4th DCA 1979). · cites it 3× “Indeed, under this Chapter the State would have had the advantage of § 832.07 which might well have provided a presumption or at least a prima facie case as to the element of intent.”

Goings v. West Florida Hosp., 504 So. 2d 1254 (Fla. 1st DCA 1986). · cites it 4× “Although there is no dispute over the fact that the hospital complied with the notice provisions of section 832.07, disputed questions of fact relating to the probable cause issue which are sufficient to defeat a motion for summary judgment abound within the complaint filed by…”

Cornell v. Jerome, 573 So. 2d 171 (Fla. 3d DCA 1991). · cites it 4× “The court then applied section 832.07(1)(b), Florida Statutes (1987), which provides that an intent to defraud can be presumed where a check is drawn on a closed account.”

Kehle v. Modansky, 696 So. 2d 493 (Fla. 4th DCA 1997). “We have for review a final summary judgment entered by the trial court in favor of *494 the appellee-seller on her two count complaint alleging (1) breach of a real estate contract, and (2) tender of a worthless check in violation of Florida Statutes section 832.07. We affirm in…”

Wells v. State, 807 So. 2d 132 (Fla. 3d DCA 2002). · cites it 2× “The provision for the demand letter is contained in subsection 832.07(1), Florida Statutes, which creates a presumption of intent to defraud.”

Johnson v. State, 444 So. 2d 563 (Fla. 1st DCA 1984). · cites it 2× “05(3)(a) is encompassed within the meaning of the term “delivery” in section 832.07. There *565 fore, appellant’s undisputed act of depositing the worthless check in Mrs.”

Sci. Prods. v. Garcia, 442 So. 2d 1019 (Fla. 3d DCA 1983). · cites it 5× “Section 832.07(l)(a), Florida Statutes (1979) provides a method by which one who receives a worthless check may attempt to collect payment.”

Goings v. West Florida Hosp., 461 So. 2d 979 (Fla. 1st DCA 1984). · cites it 4× “Appellant alleges that the trial court erred in granting the Hospital’s motion to dismiss based upon the trial court’s finding that section 832.07, Florida Statutes (1983) grants immunity from civil liability to West Florida Hospital.”

Show all 16 citing cases →

— 832.07(1) — 2 cases

Wells v. State, 807 So. 2d 132 (Fla. 3d DCA 2002). “The provision for the demand letter is contained in subsection 832.07(1), Florida Statutes, which creates a presumption of intent to defraud.”

Gazelle v. Winn-Dixie Stores, Inc., 476 So. 2d 710 (Fla. 1st DCA 1985).

— 832.07(1)(a) — 1 case

Saad Remodeling & Custom Home Builders, Inc. & Saad Home, Inc. v. Reyes FC Servs. Corp. (Fla. 4th DCA 2023).

— 832.07(1)(b) — 1 case

Cornell v. Jerome, 573 So. 2d 171 (Fla. 3d DCA 1991). “The court then applied section 832.07(1)(b), Florida Statutes (1987), which provides that an intent to defraud can be presumed where a check is drawn on a closed account.”

— 832.07(2)(a) — 2 cases

Harder v. Edwards, 174 So. 3d 524 (Fla. 4th DCA 2015). “See § 832.07, Fla. Stat. (2009). Chapter 832, Florida Statutes covers "Violations In *528 volving Checks and Drafts.”

William Harder, an individually, & as a Detective with the City of Fort Lauderdale Police Dep't, the TJX Companies, Inc. & Derek Carlson v. LaToya Edwards (Fla. 4th DCA 2015).

— 832.07(2)(b) — 1 case

Gazelle v. Winn-Dixie Stores, Inc., 476 So. 2d 710 (Fla. 1st DCA 1985).

— 832.07(2)(c) — 1 case

Gazelle v. Winn-Dixie Stores, Inc., 476 So. 2d 710 (Fla. 1st DCA 1985).

— 832.07(l)(a) — 5 cases

Goings v. West Florida Hosp., 504 So. 2d 1254 (Fla. 1st DCA 1986). “Although there is no dispute over the fact that the hospital complied with the notice provisions of section 832.07, disputed questions of fact relating to the probable cause issue which are sufficient to defeat a motion for summary judgment abound within the complaint filed by…”

Sci. Prods. v. Garcia, 442 So. 2d 1019 (Fla. 3d DCA 1983). “Section 832.07(l)(a), Florida Statutes (1979) provides a method by which one who receives a worthless check may attempt to collect payment.”

Johnson v. State, 444 So. 2d 563 (Fla. 1st DCA 1984). “05(3)(a) is encompassed within the meaning of the term “delivery” in section 832.07. There *565 fore, appellant’s undisputed act of depositing the worthless check in Mrs.”

Goings v. West Florida Hosp., 461 So. 2d 979 (Fla. 1st DCA 1984). “Appellant alleges that the trial court erred in granting the Hospital’s motion to dismiss based upon the trial court’s finding that section 832.07, Florida Statutes (1983) grants immunity from civil liability to West Florida Hospital.”

Gazelle v. Winn-Dixie Stores, Inc., 476 So. 2d 710 (Fla. 1st DCA 1985).

— 832.07(l)(b) — 1 case

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