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Can you summarize FLCL 832.05?
VIOLATIONS INVOLVING CHECKS AND DRAFTS > Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form.
Short Summary
This section of the Florida Statutes addresses the issue of giving worthless checks, drafts, bills of exchange, debit card orders, and other orders on banks without sufficient funds or credit. It is unlawful for any person, firm, or corporation to draw, make, utter, issue, or deliver such checks, drafts, or orders, or to use debit cards for payment, knowing that there are insufficient funds or credit to cover them. However, there are exemptions for checks when the payee or holder has knowledge or reason to believe that the drawer did not have sufficient funds, and for postdated checks. Violations of this section can result in misdemeanor or felony charges, depending on the amount involved.
Whom does it apply to?
Any person, firm, or corporation who draws, makes, utters, issues, or delivers checks, drafts, or other written orders on banks or uses debit cards for payment
What does it govern?
Giving worthless checks, drafts, bills of exchange, debit card orders, and other orders on banks without sufficient funds or credit
What are exemptions?
Checks when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe that the drawer did not have sufficient funds, and postdated checks
What are the Penalties?
Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the check, draft, debit card order, or other written order is in the amount of $150 or more, in which case it constitutes a felony of the third degree
Jurisdiction
Florida