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Is postdating a check illegal in florida

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BACKGROUNDAs outlined in the Fourth District's opinion, the Florida Legislature enacted the Money Transmitters' Code in 1994. A “deferred presentment transaction” is defined in the amendment as “providing currency or a payment instrument in exchange for a person's check and agreeing to hold that person's check for a period of time prior to presentment, deposit, or redemption.” § 560.402(6).

This Code sought to regulate the practices of the money transmitter industry, including check cashing. In the amended version of the statute, the Legislature expressly authorized deferred presentment transactions subject to the lender's compliance with strict record-keeping, notice, and Truth-in-Lending disclosure requirements. The statute limits the face amount of the check taken for deferred presentment to not more than 0 and caps the fee for such transactions at ten percent. The statute expressly prohibits the post-dating of checks and any rollover or extension of a deferred presentment agreement. ANALYSISWe must decide whether the Legislature intended to include the deferred presentment transactions challenged by Betts when it enacted the Code in 1994.

A., on behalf of the Community Financial Services Association of America and the Financial Service Centers of Florida, Inc.; and Lynn Drysdale of Jacksonville Area Legal Aid, Inc., Jacksonville, FL, and Deborah Zuckerman of AARP Foundation, Washington, D. FACTS AND PROCEDURAL HISTORYThe factual transactions that gave rise to the present dispute are summarized in the Fourth District's opinion: Betts's business relationship with NCA [National Cash Advance] began in August 1997 when she gave NCA two checks, each in the amount of 5.

We disapprove of the Fifth District's contrary holding in Ace Cash.

Ace Cash, 827 So.2d at 299 (Griffin, J., dissenting). However, the Fourth District decided that it is inappropriate to use an amendment for this purpose when the amendment was enacted seven years after the original statute.Furthermore, section 560.404(19) provides: A deferred presentment provider may not enter into a deferred presentment transaction with a person who has an outstanding deferred presentment transaction with that provider or with any other deferred presentment provider, or with a person whose previous deferred presentment transaction with that provider or with any other provider has been terminated for less than 24 hours.Like the Fourth District in Mc Kenzie and Judge Griffin's dissent in Ace Cash, we conclude that the Legislature did not intend for deferred presentment transactions to be covered under the Money Transmitters' Code until it expressly added the Deferred Presentment Act in 2001. Clayton Yates of Yates and Mancini, LLC, Fort Pierce, FL, and Richard A. Approximately two weeks later, Betts replaced the checks with three new checks, which she ultimately replaced with cash two weeks thereafter. A similar, although not identical, set of circumstances was presented in Ace Cash, 827 So.2d at 294. Less than one week later, Betts gave NCA three more checks, each for 5, in exchange for 0 and the same promise by NCA.Subsequently, on September 24, 1997, the Department adopted rules regulating check cashing transactions. On May 5, 1998, the Department sent a letter to Advance America, Cash Advance Centers of Florida, Inc., regarding cashing checks, fees associated with deferred deposit checks, and rollover transactions of deferred deposit checks. The opinion stated:“Payday loans” or like transactions are subject to the state laws prohibiting usurious rates of interest. After a hearing, an Administrative Law Judge (ALJ) upheld the rule, finding it did not enlarge, modify, or contravene the Code and it was a proper exercise of delegated legislative authority. Moreover, the term “cashing” was also defined in the Code as “providing currency for payment instruments, except for travelers checks and foreign-drawn payment instruments.” § 560.302(1).