Under Florida law, the issuance of a bad check, or a check that is returned by the bank for insufficient funds, is a crime and is subject to criminal penalties. Bad checks hurt the victim as well as the economy, not only because the victim is defrauded, but also because persons receiving bad checks begin to lose faith in the system, which could have a huge negative impact on the economy.

Someone who receives a bad check has specific rights under Florida law. If after demand the issuer of the bad check fails or refuses to rectify the amount and pay the costs of the bad check, the victim will be entitle to collect three times the amount of the bad check as liquidated damages. These rights may be enforced through the institution of a civil action against the person who issued the bad check. There are specific procedures under law that must be followed, but generally, the proceedings are summary in nature.

Florida law also provides for restitution for victims of bad checks. The State Attorney of Florida offers restitution services through the filing of a complaint with the State Attorney’s office.