Florida Dishonored Check Law
Chapter 832 of the Florida Statues provides civil and criminal penalties for anyone who knowingly writes a worthless check that is dishonored by the bank it's drawn on. If someone is prosecuted for passing a worthless check, simply paying the check does not dismiss the proceedings.
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Making a Dishonored Check Good
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A person writing a check dishonored by its bank is presumed to have fraudulent intent unless he pays the payee of the check its face value plus service charges and bank fees. This payment must be made within seven days of the check writer learning that the check was dishonored by the bank.
Civil Penalties for Dishonored Checks
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If a person writing a dishonored or worthless check doesn't make the check good within 30 days, she must pay four times the amount owed. In addition, she might be liable for bank costs, court costs and attorney's fees of up to $2,500.
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Criminal Penalities for Dishonored Checks
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If a person writing a dishonored check is convicted of check fraud, he can be sentenced to five years in prison or a $1,000 fine for a felony conviction, or six months in jail or a $300 fine for a misdemeanor.
Dishonored vs. Worthless Checks
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A dishonored check is not considered worthless under Florida law if the payee knew before cashing the check that the writer of the check did not have sufficient funds in her account to cover the check. In addition, post-dated checks cannot be prosecuted for being worthless.
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References
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