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FL S0550

Bill

Status

Introduced

1/31/2013

Primary Sponsor

Banking and Insurance

Click for details

Origin

Senate

2013 Regular Session

AI Summary

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

  • Allows payees to recover bank fees and a service charge ($25-$40 depending on face value, or 5% whichever is greater) without filing a civil action when payment is refused or stopped with intent to defraud.

  • In civil collection actions, 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 in addition to the original amount.

  • Requires written demand for payment be delivered by certified mail, registered mail, or first-class mail with proof of service before civil action can be brought, with a 30-day payment period specified.

  • Effective July 1, 2013.

Legislative Description

Collection of Worthless Payment Instruments

Last Action

Laid on Table, companion bill(s) passed, see CS/CS/HB 457 (Ch. 2013-113)

5/2/2013

Committee Referrals

Judiciary4/15/2013
Commerce And Tourism4/4/2013
Banking and Insurance2/6/2013

Full Bill Text

No bill text available