Florida Check Cashing Laws

Florida law provides penalties for writing bad checks, as well as protections for consumers of check-cashing services.

Florida check cashing laws describe the penalties for intentionally using a check for which the issuer knows there are insufficient funds in the checking account. They also define the types of information used to establish the identity of a person writing a check. Florida law also provides for the regulation of check-cashing services and establishes an office to investigate consumer complaints.

Bad Checks

Florida Statute 832.05 makes it a misdemeanor in the first degree to knowingly pass a bad check for less than $150, and a felony in the third degree if the check is for $150 or more and is exchanged for anything of value.

The statute applies when a person or corporation passes the check intentionally despite knowing that there are insufficient funds to cover the check. However, the statute does not apply to postdated checks, or to situations in which the payee knows ahead of time that there are insufficient funds.

Florida Statutes 775.082 and 775.083 provide for a prison sentence of up to one year and a fine of up to $1,000 for a first degree misdemeanor and a prison sentence of up to five years and a fine of up to $5,000 for a third degree felony.

Florida Statute 775.084 provides stiffer penalties for career violent criminals or habitual felons.

Identification

Florida Statute 832.07 states that the state driver's license or identification card number of a person presenting a check may be written on the check as evidence of that person's identity. Alternatively, the person accepting the check may record the name, address, phone numbers, birth date, height, sex, and place of employment of the person presenting the check or a check-cashing identification card number.

Florida Statute 832.075 states that no person may require a credit card number or a credit card expiration date as a condition of accepting a check or as identification when cashing a check. Recording this type of information when accepting a check is punishable by a fine of $250 for the first offense and $1,000 for subsequent offenses. The payee may require a credit card as evidence of credit-worthiness, but only the issuer and the type of card may be recorded.

Check-Cashing Services

Florida's Financial Services Commission and Office of Financial Regulation have the authority to regulate money transmitters or check-cashing services under Florida Statute 560.

Florida Statute 560.129 provides a guarantee of confidentiality for consumer complaints about a check-cashing service. Complaints and investigations are handled by the Office of Financial Regulation or the Department of Financial Services.

References

• Florida Statute 832.05
• Florida Statute 775.082
• Florida Statute 775.083
• Florida Statute 775.084
• Florida Statute 832.07

Resources

• Florida Law Online