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HomeMy WebLinkAbout13-113RESOLUTION NO. 13-113 A RESOLUTION REPLACING RESOLUTION N0.96-170 TO INCREASE THE UNIFORM SERVICE CHARGE FOR DISHONORED CHECKS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners for St. Lucie County, Florida (the "Board") has made the following determinations: 1. On November 6, 1984, the Board adopted Resolution No. 84-167, which established a uniform service fee for dishonored checks pursuant to Section 125.01, Florida Statutes. 2. On July 5, 1986, the Board adopted Resolution No. 89-284, which amended Resolution No. 84-167 to increase the service fee for the collection of a dishonored check pursuant to Section 125.0105, Florida Statutes. 3. On August 21, 1991, the Board adopted Resolution No. 91-191 to further increase the service fee for the collection of a dishonored check pursuant to Section 125.0105, Florida Statutes. 4. On August 6, 1996, the Board adopted Resolution 96-170 to further increase the service fee for the collection of a dishonored check pursuant to Section 125.0105, Florida Statutes. 5. The Legislature of the State of Florida has amended Section 68.065, Florida Statutes applying certain provisions relating to civil actions brought to collect dishonored checks. 6. It is in the best interest of the citizens of St. Lucie County to increase the uniform service fee for dishonored checks consonant with applicable Florida law. 7. It is in the best interest of the citizens of St. Lucie County to establish a policy to govern the collection of dishonored checks and to define departmental responsibilities in the administration of these procedures. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: Section 1. The "St. Lucie County Check Acceptance Policy and Service Fee for Dishonored Check", as set forth in Exhibit "A" attached hereto is hereby adopted. -i- Section 2. This Resolution shall be effective as of July 1, 2013. Section 3. Resolution No. 96-170 is repealed effective July 13, 2013. After motion and second, the vote on this resolution was as follows: Chair Tod Mowery AYE Vice Chair Frannie Hutchinson AYE Commissioner Chris Dzadovsky AYE Commissioner Paula A. Lewis AYE Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 2ND day of July 2013. ATT~ST: i ~ U :rb ~(.{f) G ~eputy Clerk ` BOARD OF COUNTY COMMISSIONERS ST. L I OUNTY OR DA BYk V ~~Chair n APPROVED AS TO FORM AND CORRECTNESS: BY: l~ County Attorney -2- EXHIBIT ~~A" ST. LUCIE COUNTY CHECK ACCEPTANCE POLICY AND SERVICE FEE FOR DISHONORED CHECK POLICY: It is the policy of St. Lucie County, Florida (the "County") to accept checks from the public for the payment of fees, fines and other charges, drawn only on United States banks in U.S. currency with the drawer's name and address imprinted on the checks. It is the further policy of the County to invoke any and all available penalties, service fees, service charge or civil actions, including reasonable attorneys' fees, when checks are dishonored. The County reserves the right to request two forms of proper identification. If a credit card is presented as identification, the only information concerning a credit card which may be recorded is the type of credit card so displayed and the name of the issuer of the credit card. In no event shall the credit card number or card expiration date be recorded. The County's receipt of a check is considered to be a conditional payment until it is honored by the drawer's bank. If the check fails to clear the bank for any reason, it is considered anon-payment and therefore, shall automatically invalidate any business license, permit, tax, program fee, permit or tag for which a fee has been paid by the dishonored check. Upon County's receipt of dishonored check, notice shall be sent to the drawer indicating that the drawer has 15 days from receipt of notice to tender payment in cash of the full amount of the check, plus service charges and/or service fees authorized under Section 125.0105, Florida Statutes. If payment is not received within 30 days, the County reserves the right to pursue any criminal actions. PROCEDURE: Upon receipt by the Finance Department of a dishonored check from the bank, the Finance Department shall notify the appropriate department and that Department shall assist the Finance Department in the subsequent collection. When departments are unable to collect for dishonored checks within 15 days of their return receipt indicating drawer's receipt of the notice, as described below, the department shall notify the Finance Department of their inability to collect. The Finance Department shall then send out the notice described below and shall imprint such notice as "second notice". Each department shall maintain a returned check journal to contain, at a minimum, the drawer, date of check, reason tendered, amount and status of the check, and the official County receipt number associated with the check. In the event a drawer has presented two dishonored checks to the County wihin one year, the receiving department shall then inform the drawer that he/she has been placed on a cash or money order basis with the County for a period of not less than one year at the -3- discretion of the department. A copy of such notice shall be forwarded to the Finance Department. In order for St. Lucie County to recover a portion of the costs for handling dishonored checks, the County may charge the maker of a worthless check bank fees actually incurred, plus a service fee of twenty-five dollars ($25.00), if the face value of the check does not exceed $50; thirty dollars ($30.00) if the face value exceeds $50, but does not exceed $300.00; forty dollars ($40.00), if the face value exceeds $300.00; or five percent (5%) of the face amount of the check (whichever is greater), pursuant to Section 125.0105, Florida Statutes. In order to collect the service fee and/or service charge set forth above, the County department must send out a notice, by certified or registered mail, evidenced by return receipt, to the maker or drawer of the check. The form of such notice shall essentially be as follows: You are hereby notified that a check, draft, order of payment, debit card order or electronic funds transfer numbered in the face amount of ($ )issued by you on (date) drawn upon (name of bank), and payable to (name of payee), has been dishonored. Pursuant to Florida law, you have IS days from receipt of this notice to tender payment in cash of the full amount of the dishonored payment instrument, plus bank fees actually incurred and a service charge of twenty-five ($25.00), if the face value does not exceed $50; thirty dollars ($30.00) if the face value exceeds $50, but does not exceed $300.00; forty dollars ($40.00), if the face value exceeds $300.00; or five percent (5%) of the face amount of the dishonored instrument (whichever is greater), the total amount due being $ and _ cents. Unless this amount is paid in full within the 15-day period, the holder of the dishonored instrument may file a civil action against you for three times the amount of the dishonored instrument, but in no case less than $50.00, in addition to the payment of the dishonored instrument, plus any court costs, reasonable attorney fees, and any bank fees incurred by the payee in taking the action. Payment is to be made at the St. Lucie County Finance Department located at 2300 Virginia Avenue, Administration Annex, Second Floor, Fort Pierce, Florida 34982. PLEASE BRING THIS NOTICE WHEN MAKING PAYMENT. All payments should be made directly to the Finance Department. Payment for a dishonored check, plus all associated penalties, service charges and/or service fees shall be in the form of a cashier's or certified check, money order, or cash. If a department is unable to collect for dishonored checks within fifteen (15) days of their return receipt indicating drawer's receipt of the notice, then the department shall forward the checks and all relevant information to the Finance -4- Department indicating their inability to collect. The Finance Department shall then send out a notice designated as a "second notice" which must be sent by certified or registered mail, evidenced by return receipt to the address printed on the check or given at the time of issuance. The form of such notice shall essentially be as follows: You are hereby notified that a check, draft order of payment, debit card order or electronic funds transfer numbered in the face amount of $ ,issued by you on (date), drawn upon (name of bank), and payable to (name of payee) has been dishonored. Pursuant to Florida law, you have seven (7) days from receipt of this notice to tender payment of the full amount of such dishonored payment instrument plus bank fees actually incurred and a service charge of twenty-five dollars ($25.00) if the face value does not exceed $50; thirty dollars ($30.00) if the face value exceeds $50, but does not exceed $300.00; forty dollars ($40. DO), if the face value exceeds $300.00; or five percent (5%) of the face amount of the dishonored instrument (whichever is greater), the total amount due being $ and _ cents. Unless this amount is paid in full within the time specified above, the holder of such dishonored payment instrument may turn over the dishonored payment instrument and all other available information relating to this incident to the state attorney for criminal prosecution. You may be additionally liable in a civil action for triple the amount of the check, but in no case less than $50, together with the amount of the check, a service charge, court costs, reasonable attorney fees, and incurred bank fees, as provided in Section 68.065 and 125.0105, Florida Statutes. Payment is to be made at the St. Lucie County Finance Department located at 2300 Virginia Avenue, Administration Annex, Second Floor, Fort Pierce, Florida 34982. PLEASE BRING THIS NOTICE WHEN MAKING PAYMENT. If payment for the dishonored check is not received within 10 days of the drawer's receipt of the above notice, the matter shall be turned over to the County Attorney for further action. EMPLOYEE CHECKS No checks are to be cashed by County employees at any County facility. REFUND FOR REFUNDABLE CHECK DEPOSITS No refunds shall be made for refundable check deposits until at least fifteen (15) working days after the date of the deposit of the check by the Finance Department. The department requesting the refund shall provide a check request and aproppriate documentation to the Finance Department. -5-