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Florida Statute Section 68.065 provides that if payment of a check is refused by a drawee-bank for insufficient funds, a payee may bring a cause of action against the drawer for recovery of the amount of the check plus treble the amount of the check. Kasparov v. Schnorenberg, 2016 WL 8846261, at *15–18 (M.D. Fla. Aug. 16, 2016).

To recover the amount owing, treble damages, court costs, and attorney fees, the payee must also deliver a written demand to the drawer by certified or registered mail, evidenced by return receipt, at least 30 days before filing suit. §68.065(4).

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Florida Statute Section 68.065 provides that if payment of a check is refused by a drawee-bank for insufficient funds, a payee may bring a cause of action against the drawer for recovery of the amount of the check plus treble the amount of the check. Kasparov v. Schnorenberg, 2016 WL 8846261, at *15–18 (M.D. Fla. Aug. 16, 2016).

To recover the amount owing, treble damages, court costs, and attorney fees, the payee must also deliver a written demand to the drawer by certified or registered mail, evidenced by return receipt, at least 30 days before filing suit. §68.065(4).

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FLORIDA STATE COURTS

Second District: All My Sons Moving & Storage of Sw. Fla., Inc. v. A & E Truck Serv., LLC, 347 So. 3d 529, 532–33 (Fla. 2d DCA 2022); Sanders Farm of Ocala, Inc. v. Bay Area Truck Sales, Inc., 235 So. 3d 1010, 1012 (Fla. 2d DCA 2017).

Third District: Big Bang Miami Ent., LLC v. Moumina, 137 So. 3d 1117, 1119 (Fla. 3d DCA 2014); Maung v. Nat’l Stamping, LLC, 842 So. 2d 214, 215–16 (Fla. 3d DCA 2003).

Fourth District: Wolf v. Habashy, 361 So. 3d 379, 382 (Fla. 4th DCA 2023); Madness, L.P. v. DiTocco Konstruction, Inc., 873 So. 2d 427, 429 (Fla. 4th DCA 2004).

Fifth District: Sarras v. Mills-Sarras, 161 So. 3d 509, 511 (Fla. 5th DCA 2014).

FLORIDA FEDERAL COURTS

Southern District: Miracle Life Farm LLC v. Tomatoes, 2022 WL 18705314, at *4 (S.D. Fla. Dec. 14, 2022); Suarez v. Siragusa, 2018 WL 11467215, at *6 (S.D. Fla. Apr. 23, 2018).

Middle District: Gonzalez v. Rockwater Dev., 2021 WL 2929796, at *16–17 (M.D. Fla. Feb. 3, 2021) Kasparov v. Schnorenberg, 2016 WL 8846261, at *15–18 (M.D. Fla. Aug. 16, 2016).

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2 Defenses to Claim for Worthless Check

(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 1.

(2) Statute of Limitations: §95.11(2)(b), Fla. Stat. (five years); Sarras v. Mills-Sarras, 161 So. 3d 509, 510 (Fla. 5th DCA 2014).

(3) The written demand required by § 68.065(4) shall read substantially as follows:

“You are hereby notified that a check, draft, order of payment, debit card order, or electronic funds transfer numbered ___ in the face amount of $___ issued by you on (date), drawn upon (name of bank), and payable to ___, has been dishonored. Pursuant to Florida law, you have 30 days from receipt of this notice to tender payment in cash of the full amount of the dishonored payment instrument, plus a service charge of $25 if the face value does not exceed $50, $30 if the face value exceeds $50 but does not exceed $300, $40 if the face value exceeds $300, or 5 percent of the face amount of the dishonored instrument, whichever is greater, the total amount due being $___ and ___ cents. Unless this amount is paid in full within the 30-day period, the holder of the dishonored payment instrument may file a civil action against you for three times the amount of the dishonored instrument, but in no case less than $50, in addition to the payment of the dishonored instrument plus any court costs, reasonable attorney fees, and any bank fees incurred by the payee in taking the action.”

(4) Section 68.065(3)(a) provides for the payment of the face amount of a worthless check, plus treble damages. BEO Mgmt. Corp. v. Horta, 314 So. 3d 434, 437 (Fla. 3d DCA 2020).

(5) If the court or jury determines that defendant’s failure to satisfy the dishonored check was due to economic hardship, the court or jury has discretion to waive all or part of the statutory damages. §65.065(6); Huston v. Plantation Open MRI, LLC, 66 So. 3d 1042, 1045 (Fla. 4th DCA 2011).

(6) A defense available to a defendant charged criminally for issuing a worthless check is that the recipient of the check knew or had good reason to believe that, at the time the check was given, the funds at the bank were insufficient to cover the check. Morin v. State, 790 So. 2d 588, 589 (Fla. 5th DCA 2001).

(7) Criminal sanctions provided in Section 832.07, Fla. Stat. may be applicable to violators of Section 68.065(3)(a).

(8) After commencement of the action but before the hearing, the maker or drawer may tender to the payee, as satisfaction of the claim, an amount of money equal to the sum of the payment instrument, the service charge, court costs, and incurred bank fees. Other provisions notwithstanding, the maker or drawer is liable to the payee for all attorney fees and collection costs incurred by payee as a result of the payee’s claim. §65.065(6).

(9) In actions where defendant stops payment on the instrument, Plaintiff must also show that payment has been stopped with an intent to defraud. §68.065(3)(a); Wolf v. Habashy, 361 So. 3d 379, 382 (Fla. 4th DCA 2023).

(10) When an individual acting as the representative of another signs an instrument on behalf of the person or entity represented but fails to indicate that he or she is signing in a representative capacity, the represented person or entity is legally bound. Fla. Stat. §673.4021(1); Big Bang Miami Ent., LLC v. Moumina, 137 So. 3d 1117, 1119 (Fla. 3d DCA 2014).

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