• Bad checks in Florida are in violation of civil and criminal laws.check book image by Rob Hill from Fotolia.com
  
  It is unlawful to write a check in the state of Florida without sufficient funds in your account to cover the check. Civil laws give payees of bounced checks the right to sue the payer of a bad check for the check and damages. In addition to civil penalties, the state may impose criminal charges for a bounced check in Florida.
  
  

Civil Law

• In Florida, the payee of a bad check must make a written demand for payment before civil action can be taken. The payer of the check has 30 days to respond to the demand for payment. The demand can include a service charge. For checks of $50 or less, the state allows the payee to add $25 for service charges. Checks written over $50 and less than $300 may have a service charge of $30, and checks written over $300 may have a service charge of $40.
  
  The payee can sue for triple the amount of the check, court costs, attorney's fees, and bank fees if the demand is not met within seven days.
  
  

Demand for Payment

• A demand letter must be sent by certified mail with a signed returned receipt, which will provide evidence of its delivery if the amount is not paid.
  
  The letter should contain information on the amount of the check, the date it was written, and the service charge that must be paid within seven days. A demand letter should show your intent to pursue the matter if the amount is not paid within the stated time.
  
  

Criminal Law

• It is a criminal offense to write a bad check in Florida. The offense can be a misdemeanor or felony offense, depending on the amount of the check, according to the Florida State Attorney's Office. A misdemeanor offense can have punishment of a $1000 fine and one year in county jail, while a felony offense can bring a $5000 fine and a five-year term in state prison.