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FL H0457

Bill

Status

Passed

6/6/2013

Primary Sponsor

Business and Professional Regulation Subcommittee

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Defines "payment instrument" to include checks, drafts, orders of payment, debit card orders, and electronic funds transfers for purposes of collection actions.

  • 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.

  • 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.

  • 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.

  • Effective date July 1, 2013.

Legislative Description

Collection of Worthless Payment Instruments

Last Action

Chapter No. 2013-113

6/6/2013

Committee Referrals

Banking and Insurance4/18/2013
Judiciary3/25/2013
Business and Professional Regulation Subcommittee2/21/2013
Civil Justice Subcommittee1/30/2013

Full Bill Text

No bill text available