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CHAMBER ACTION |
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The Committee on Judiciary recommends the following: |
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Committee Substitute |
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Remove the entire bill and insert: |
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A bill to be entitled |
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An act relating to worthless checks; amending s. 68.065, |
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F.S.; revising provisions relating to notice requirements |
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in collection actions; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (3) of section 68.065, Florida |
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Statutes, is amended to read: |
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68.065 Actions to collect worthless checks, drafts, or |
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orders of payment; attorney's fees and collection costs.-- |
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(3) Before recovery under this sectionsubsection (1)may |
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be claimed, a written demand mustshallbe delivered by |
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certified or registered mail, evidenced by return receipt, or by |
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first-class mail, evidenced by an affidavit of service by mail, |
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to the maker or drawer of the check, draft, or order of payment |
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to the address on the check or other instrument, to the address |
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given by the drawer at the time the instrument was issued, or to |
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the drawer's last known address. The form of such notice shall |
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be substantially as follows: |
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"You are hereby notified that a check numbered _____ in |
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the face amount of $_____ issued by you on ... (date) ... , |
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drawn upon ... (name of bank) ... , and payable to _____, has |
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been dishonored. Pursuant to Florida law, you have 30 days from |
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receipt of this notice to tender payment in cash of the full |
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amount of the check plus a service charge of $25, if the face |
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value does not exceed $50, $30, if the face value exceeds $50 |
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but does not exceed $300, $40, if the face value exceeds $300, |
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or 5 percent of the face amount of the check, whichever is |
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greater, the total amount due being $_____ and _____ cents. |
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Unless this amount is paid in full within the 30-day period, the |
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holder of the check or instrument may file a civil action |
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against you for three times the amount of the check, but in no |
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case less than $50, in addition to the payment of the check plus |
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any court costs, reasonable attorney fees, and any bank fees |
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incurred by the payee in taking the action." |
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Section 2. This act shall take effect July 1, 2003. |
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