How to Process a Bad Check

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(*) Forged or stolen checks and checks marked "stop payment" must be handled through your local police department.

PROCEDURES FOR FILING CRIMINAL CHARGES IN WORTHLESS CHECK CASES

According to Chapter 832, Florida Statutes, it is necessary for businesses and individual citizens to follow specific steps in order to help effective criminal prosecution in worthless check cases.

I. Acceptance of the Check

In order to establish identity, you must:

• Obtain the driver's license number or state identification number, specifying the state of issuance of the person presenting the check;

or

• Obtain the following information either on the check or utilize a check-cashing identification card, keeping on file and up-to-date the below listed information along with the person's signature. Then you need only note on the check, the number of the check-cashing card.

1. Full Name of the Check Writer
2. Current Residence Address
3. Home Telephone Number
4. Business Telephone Number
5. Place of Employment
6. Sex
7. Date of Birth
8. Height

Pursuant to Florida Statute 832, no criminal charges can be filed in a worthless check case when the person accepting the check has been expressly notified, or has reason to believe that the check writer did not have on deposit or to his credit with the bank sufficient funds to ensure payment thereof. Accordingly, the State Attorney's Office cannot accept for prosecution any check which was accepted under the following circumstances:

1. The check was post dated.
2. When the writer of the check asks you and/or you agree to hold the check for any length of time before presenting it for payment.

NOTE: Forged or stolen checks or checks stamped "STOP PAYMENT" must be handled through your local law enforcement agency.

II. Notice to Customer that Worthless Check Has Been Issued

When a check is dishonored you must send written notice to the check writer advising him/her that the check was dishonored. The notice must be sent certified or registered mail with a return receipt requested to the address on the check.

III. Restitution and Service Charge

All checks issued prior to 10/01/96

A. The check writer has seven (7) days from receipt of the above referenced notice within which to pay restitution in full including a service charge not to exceed $20 or 5% of check's value, whichever is greater.

B. The worthless check may be referred to the State Attorney's Office if restitution has not been paid within the seven (7) day period.

All checks issued after 10/01/96

C. The check writer has seven (7) days from receipt of the above referenced notice within which to pay restitution in full including a service charge as follows:

• $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% of the face value, whichever is greater.

D. The worthless check may be referred to the State Attorney's Office if restitution has not been paid within the seven (7) day period.

IV. Referring to the State Attorney's Office

The Sixth Judicial Circuit State Attorney encompasses both Pasco and Pinellas Counties with offices in Clearwater, New Port Richey and Dade City. Each office can only handle checks that were received within the county's boundaries. In order to refer a worthless check case to the State Attorney's Office, you should mail the necessary paperwork (available through the Bad Check Diversion Program) to the State Attorney's Office, P.O. Box 5028, Clearwater, Florida 33762, or call 727-464-6011 in Clearwater, 727-847-8158 in New Port Richey, or 352-521-4333 in Dade City for an appointment.* The following documentation should be included in the complaint packet:

1. A separate affidavit and witness form for each check (if mailing the complaint).
2. The original check.
3. The original certified/registered mail return receipt.
4. A copy of the actual notice sent to the writer. If one notice was sent for multiple checks written by the same individual, a copy of the notice and return receipt should be supplied for each check at the time presented. Each check must be listed in the letter.
5. Copies of any other documents referring to the check situation.

V. Statute of Limitations:

It is imperative that all worthless check complaints be received no later than six months prior to the statute of limitations expiration. The statute of limitation for checks received for merchandise or services:

• less than $150 - two years from the date of the check;
• greater than or equal to $150 - three years from the date of the check.

The statute of limitation for checks received for rent or payment on account/debt:

• any amount - two years from the date of the check.
• Please bring personal picture identification for notarization.

VI. Procedures Taken by the State Attorney's Office

After you have presented a worthless check to the State Attorney's Office the process begins by reviewing your affidavit and accompanying paperwork for accuracy. Next, the check writer's criminal history is examined to determine whether he/she will be allowed to participate in the Bad Check Diversion Program or will be referred directly for possible prosecution.

The Bad Check Diversion Program (BCDP) is a program designed to obtain restitution and service fee for you, the complainant. A processing fee is paid by the check writer to help defray the costs of running the diversion program. THERE IS NO FEE CHARGED TO YOU. If the check writer is eligible for BCDP, a Notice to Appear is mailed to him/her for a hearing approximately three to four weeks after the check has been processed by our office.

The Notice to Appear advises the check writer to appear at the State Attorney's Office with a money order or cashier's check made payable to the complainant for the amount of the check plus the applicable service charge. If these conditions are complied with, the case will be closed with no further action taken. The restitution will be mailed to you with a pre-stamped, self-addressed receipt to return to the BCDP.

If the check writer fails to comply with the provisions of BCDP or is ineligible for BCDP due to a prior worthless check history, the case is referred for possible criminal prosecution. An Assistant State Attorney makes the decision, and is responsible for filing criminal charges and issuing the warrant.

If you have any questions regarding worthless checks, please call the State Attorney's Office at 727-464-6011 in Clearwater, 727-847-8158 in New Port Richey, or 352-521-4333 in Dade City.