FLORIDA BAD CHECK STATUTE

In dealing with a bounced the harmed party in many instances will utilize the provisions of what people generally describe as the Florida Bad Check statute, Fla. Stat. § 68.065 as a method to induce payment and if payment is not forthcoming as a basis for suit for enhanced damages and attorney’s fees. The statute basically provides that if the recipient of the bad check provides the maker of the check with a notice that the check was dishonored and if remains unpaid for 30 days that the holder may be entitled to collect treble damages for the bad check (along with attorney’s fees and statutory charges).

The Florida Second District Court of Appeal in Infrax Systems, Inc. v. Wood, 2015 Fla. App. LEXIS 100 (January 7, 2015), recently reminded those who utilize the statute that non-payment and merely sending the statutory notice is insufficient to trigger the statute’s remedies. In order to benefit from the statute it is not enough for the holder to show that there was insufficient funds at the bank to cover the check. In Infrax, Wood never presented the checks to the bank for payment and thus the checks were ever dishonored by the bank; rather he merely inquired at the bank whether there was sufficient funds in the account to cover the checks and was told no. The court held that pursuant to the statute’s language the check must be dishonored and for that to occur the check must be presented to the bank. See, Fla. Stat. §§ 673.5011 and 673.5021 dealing with presentment and dishonor.

So to invoke that statute’s treble damages remedy make sure to fully comply and present the bad checks to the bank. Wood learned this lesson the hard way.