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Under Florida law, any check returned from a bank stamped "NSF" (Non-Sufficient Funds), "Insufficient Funds," "No Such Account," "Account Not Found," or "NSF Unless Otherwise Indicated" is a worthless check that may be subject to prosecution under Florida's criminal statutes.
The program's primary goal is to obtain full restitution for the victim without adding to the financial burden of the criminal justice system. First-time bad check offenders are given the opportunity to avoid criminal prosecution by attending a mandatory financial responsibility class and paying restitution.
The Bad Check Diversion Program (BCDP) is a diversion program designed to obtain restitution and a service fee for you, the complainant without processing the case through the criminal justice system. A processing fee is paid by the check writer to help defray the costs of running the diversion program.
Generally the issuing of a worthless check for $150 or more for services or merchandise is a Third Degree Felony and if convicted the maker of the check could receive up to 5 years in prison and/or $5,000 fine.
Where the check issued is in an amount less than $150.00, the offense is classified as a first degree misdemeanor, punishable by up to 1 year in jail. Where the check is in an amount of $150.00 or more, the offense is a third degree felony, punishable by up to 5 years imprisonment.
For checks exchanged for goods or services less than $150.00, the business or individual has two years from the check's date to file a complaint. If the goods or services were valued at $150.00 or more, there is a three year statute of limitations from the date that appears on the check.
Worthless checks (usually referred to by the acronym PWBC - Passing Worthless Bank Checks) are either 1st degree Misdemeanors or 3rd degree Felonies under Florida law.
The Notice of Worthless Check should be mailed by regular first-class mail to the address shown on the check (if there is not an address on the check, you will need to ask for one). The check writer is then given fifteen (15) days from the date of mailing in which to make the check good.