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FL H0457
Bill
Status
6/6/2013
Primary Sponsor
Business and Professional Regulation Subcommittee
Click for details
AI Summary
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Defines "payment instrument" to include checks, drafts, orders of payment, debit card orders, and electronic funds transfers for purposes of collection actions.
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Authorizes payees to recover bank fees and a service charge ($25-$40 or 5% of face value, whichever is greater) without filing a civil action when payment is refused due to lack of funds or stopped payment with intent to defraud.
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In civil actions for dishonored payment instruments, makers or drawers who fail to pay within 30 days of written demand are liable for triple damages (minimum $50), court costs, reasonable attorney fees, and bank fees.
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Requires written demand be delivered by certified/registered mail or first-class mail to specified addresses before civil action can proceed, with a standardized notice form detailing the 30-day payment period.
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Effective date July 1, 2013.
Legislative Description
Collection of Worthless Payment Instruments
Last Action
Chapter No. 2013-113
6/6/2013