Florida Statute 832.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 832
VIOLATIONS INVOLVING CHECKS AND DRAFTS

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F.S. 832.05

832.05 Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form.—

(1) PURPOSE.—The purpose of this section is to remedy the evil of giving checks, drafts, bills of exchange, debit card orders, and other orders on banks without first providing funds in or credit with the depositories on which the same are made or drawn to pay and satisfy the same, which tends to create the circulation of worthless checks, drafts, bills of exchange, debit card orders, and other orders on banks, bad banking, check kiting, and a mischief to trade and commerce.

(2) WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—

(a) It is unlawful for any person, firm, or corporation to draw, make, utter, issue, or deliver to another any check, draft, or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent, knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation; except that this section does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the drawer did not have on deposit or to the drawer’s credit with the drawee sufficient funds to ensure payment as aforesaid, nor does this section apply to any postdated check.

(b) A violation of the provisions of this subsection constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the check, draft, debit card order, or other written order drawn, made, uttered, issued, or delivered is in the amount of $150, or its equivalent, or more and the payee or a subsequent holder thereof receives something of value therefor. In that event, the violation constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) CASHING OR DEPOSITING ITEM WITH INTENT TO DEFRAUD; PENALTY.—

(a) It is unlawful for any person, by act or common scheme, to cash or deposit any item, as defined in s. 674.104(1)(i), in any bank or depository with intent to defraud.

(b) A violation of the provisions of this subsection constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) OBTAINING PROPERTY OR SERVICES IN RETURN FOR WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—

(a) It is unlawful for any person, firm, or corporation to obtain any services, goods, wares, or other things of value by means of a check, draft, or other written order upon any bank, person, firm, or corporation, knowing at the time of the making, drawing, uttering, issuing, or delivering of such check or draft that the maker thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same upon presentation. However, no crime may be charged in respect to the giving of any such check or draft or other written order when the payee knows, has been expressly notified, or has reason to believe that the drawer did not have on deposit or to the drawer’s credit with the drawee sufficient funds to ensure payment thereof. A payee does not have reason to believe a payor does not have sufficient funds to ensure payment of a check solely because the payor has previously issued a worthless check to him or her.

(b) It is unlawful for any person to use a debit card to obtain money, goods, services, or anything else of value knowing at the time of such use that he or she does not have sufficient funds on deposit with which to pay for the same or that the value thereof exceeds the amount of credit which is available to him or her through an overdraft financing agreement or prearranged line of credit which is accessible by the use of the card.

(c) A violation of the provisions of this subsection, if the check, draft, other written order, or debit card order is for an amount less than $150 or its equivalent, constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A violation of the provisions of this subsection, if the check, draft, other written order, or debit card order is in the amount of $150, or its equivalent, or more, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) PAYMENT NO DEFENSE.—Payment of a dishonored check, draft, bill of exchange, or other order does not constitute a defense or ground for dismissal of charges brought under this section.

(6) “CREDIT,” “DEBIT CARD” DEFINED.—

(a) The word “credit” as used herein shall be construed to mean an arrangement or understanding with the drawee for the payment of such check, draft, or other written order.

(b) As used in this section, the term “debit card” means a card, code, or other device, other than a check, draft, or similar paper instrument, by the use of which a person may order, instruct, or authorize a financial institution to debit a demand deposit, savings deposit, or other asset account.

(7) REASON FOR DISHONOR, DUTY OF DRAWEE.—It is the duty of the drawee of any check, draft, or other written order, before refusing to pay the same to the holder thereof upon presentation, to cause to be written, printed, or stamped in plain language thereon or attached thereto the reason for the drawee’s dishonor or refusal to pay it. In any prosecution under this section, the introduction in evidence of any unpaid and dishonored check, draft, or other written order having the drawee’s refusal to pay stamped or written thereon or attached thereto, with the reason therefor as aforesaid, is prima facie evidence of the making or uttering of such check, draft, or other written order, of the due presentation to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reasons written, stamped, or attached by the drawee on such dishonored check, draft, or other written order. As against the maker or drawer thereof, the withdrawing from deposit with the drawee named in the check, draft, or other written order of the funds on deposit with such drawee necessary to ensure payment of such check, draft, or other written order upon presentation within a reasonable time after negotiation or the drawing, making, uttering, or delivering of a check, draft, or written order, payment of which is refused by the drawee, is prima facie evidence of knowledge of insufficient funds in or credit with such drawee. However, if it is determined at the trial in a prosecution hereunder that the payee of any such check, draft, or written order, at the time of accepting such check, draft, or written order, had knowledge of or reason to believe that the drawer of such check, draft, or other written order did not have sufficient funds on deposit in or credit with such drawee, then the payee instituting such criminal prosecution shall be assessed all costs of court incurred in connection with such prosecution.

(8) COSTS.—When a prosecution is initiated under this section before any committing trial court judge, the party applying for the warrant shall be held liable for costs accruing in the event the case is dismissed for want of prosecution. No costs shall be charged to the county in such dismissed cases.

(9) STATE ATTORNEYS; WORTHLESS CHECKS; FORM OF COMPLAINT.—The state attorneys of Florida shall collectively promulgate a single form to be used in all judicial circuits by persons reporting a violation of this chapter.

(10) CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT FUNDS.—For the purposes of construction of this section, a payee or holder does not have knowledge, express notification, or reason to believe that the maker or drawer has insufficient funds to ensure payment of a check, draft, or debit card solely because the maker or drawer has previously drawn or issued a worthless check, draft, or debit card order to the payee or holder.

History.—ss. 1, 2, ch. 28096, 1953; s. 1, ch. 61-284; s. 1, ch. 61-185; s. 981, ch. 71-136; s. 1, ch. 79-98; s. 9, ch. 84-297; s. 9, ch. 86-161; s. 42, ch. 88-381; s. 6, ch. 89-303; s. 5, ch. 91-211; s. 61, ch. 92-82; s. 1303, ch. 97-102; s. 15, ch. 2001-115; s. 15, ch. 2004-11.

F.S. 832.05 on Google Scholar

F.S. 832.05 on CourtListener

Amendments to 832.05

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 832.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

S832.05 2 - FRAUD-INSUFF FUNDS CHECK - RENUMBERED. SEE REC # 7899 - F: T

S832.05 2 - FRAUD-INSUFF FUNDS CHECK - RENUMBERED. SEE REC # 7900 - M: F

S832.05 2a - FRAUD-INSUFF FUNDS CHECK - MAKE UTTER ISSUE 150 DOLS OR OVER - F: T

S832.05 2a - FRAUD-INSUFF FUNDS CHECK - MAKE UTTER ISSUE UNDER 150 DOLLARS - M: F

S832.05 2b - FRAUD-INSUFF FUNDS CHECK - RENUMBERED. SEE REC # 8888 - F: T

S832.05 2b - FRAUD-INSUFF FUNDS CHECK - RENUMBERED. SEE REC # 8891 - M: F

S832.05 3 - FRAUD - RENUMBERED. SEE REC # 8818 - F: T

S832.05 3a - FRAUD - CASH DEPOSIT BANK ITEM W INTENT TO DEFRAUD - F: T

S832.05 4a - FRAUD-INSUFF FUNDS CHECK - OBTAIN GOODS SERVICES UNDER 150 DOLS - M: F

S832.05 4a - FRAUD-INSUFF FUNDS CHECK - OBTAIN GOODS SERVICES 150 DOLS OR MORE - F: T

S832.05 4b - FRAUD - OBT GOOD SVC DEBT CARD INSUF FUND LESS 150 DOL - M: F

S832.05 4b - FRAUD - OBT GOOD SVC DEBT CARD INSUF FUND 150 DOL MORE - F: T

Cases Citing Statute 832.05

Total Results: 112

Villery v. Florida Parole & Probation Com'n

396 So. 2d 1107

Supreme Court of Florida | Filed: Apr 23, 1981 | Docket: 1732035

Cited 274 times | Published

in excess of fifty dollars in violation of section 832.05, Florida Statutes. The trial court withheld

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

OBTAINING PROPERTY (Amended) F.S. 832.05(4) Note to This statute applies to a

Lawton v. State

492 So. 2d 404

District Court of Appeal of Florida | Filed: Aug 12, 1986 | Docket: 478171

Cited 20 times | Published

return for a worthless check in contravention of Section 832.05(4), Florida Statutes. He was found insolvent

Miami Herald Publishing Co. v. Ferre

636 F. Supp. 970, 1985 U.S. Dist. LEXIS 16784

District Court, S.D. Florida | Filed: Aug 15, 1985 | Docket: 1705256

Cited 20 times | Published

implied under the criminal bad check provisions of § 832.05, Florida Statutes, as had the Legislature intended

Johnson v. Lindsey

16 B.R. 211, 1981 Bankr. LEXIS 2481, 8 Bankr. Ct. Dec. (CRR) 727

United States Bankruptcy Court, M.D. Florida | Filed: Dec 2, 1981 | Docket: 1472657

Cited 17 times | Published

issuing a worthless check in violation of Fla.Stat. § 832.05. The Debtor contends that Belk Lindsey is using

George v. State

203 So. 2d 173

District Court of Appeal of Florida | Filed: Oct 20, 1967 | Docket: 1322398

Cited 11 times | Published

plain terms that the "purpose" of the entire Section 832.05 "is to remedy the evil of giving checks * *

Thomson McKinnon Securities, Inc. v. Light

534 So. 2d 757, 1988 WL 120878

District Court of Appeal of Florida | Filed: Nov 15, 1988 | Docket: 98938

Cited 9 times | Published

"remedy the evil of giving [worthless] checks... ." § 832.05, Fla. Stat. (1985). There is no abuse of process

Tourismart of America, Inc. v. Gonzalez

498 So. 2d 469, 11 Fla. L. Weekly 1890, 1986 Fla. App. LEXIS 9553

District Court of Appeal of Florida | Filed: Sep 2, 1986 | Docket: 1699899

Cited 9 times | Published

liable for conversion and for violation of section 832.05, Florida Statutes (1983) in count V, and for

The Florida Bar v. Davis

361 So. 2d 159, 1978 Fla. LEXIS 4873

Supreme Court of Florida | Filed: Jul 20, 1978 | Docket: 1685702

Cited 9 times | Published

presentation. Such conduct is proscribed under Section 832.05(2)(a), Florida Statutes (1975). The question

Shargaa v. State

84 So. 2d 42

Supreme Court of Florida | Filed: Dec 20, 1955 | Docket: 1682701

Cited 9 times | Published

have directed a verdict for the defendant. Section 832.05(2), Florida Statutes, F.S.A., is as follows:

Fitzgerald v. State

339 So. 2d 209

Supreme Court of Florida | Filed: Nov 4, 1976 | Docket: 1729485

Cited 8 times | Published

upheld a statutory presumption contained in Section 832.05(6), provides an analogous situation.[5] In

Bragenzer v. State

582 So. 2d 142, 1991 WL 117040

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 1363572

Cited 7 times | Published

worthless check on May 25, 1983, in violation of section 832.05(4)(a) of the Florida Statutes (1983), a third

HOMEWAY FURN. CO. OF MOUNT AIRY v. Horne

822 So. 2d 533

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 2514528

Cited 6 times | Published

criminal charges on postdated checks. See, e.g., § 832.05, Fla. Stat. (2001); N.C. Gen. Stat. § 14-107 (2001);

Perrin v. State

599 So. 2d 1365, 1992 WL 102438

District Court of Appeal of Florida | Filed: May 18, 1992 | Docket: 1483877

Cited 6 times | Published

charging the worthless check offenses under section 832.05, are identified as second degree misdemeanors

Roger Rankin Enterprises, Inc. v. Green

433 So. 2d 1248, 1983 Fla. App. LEXIS 19689

District Court of Appeal of Florida | Filed: Jun 21, 1983 | Docket: 1425684

Cited 6 times | Published

corporate check has an implied civil remedy under section 832.05, Florida Statutes (1981), which imposes criminal

Sherman v. State

255 So. 2d 263

Supreme Court of Florida | Filed: Nov 24, 1971 | Docket: 1431416

Cited 6 times | Published

by means of the deposited check. See Fla. Stat. § 832.05(3) (a), F.S.A. There is evidence that defendant

Ennis v. State

95 So. 2d 20

Supreme Court of Florida | Filed: Mar 27, 1957 | Docket: 471010

Cited 6 times | Published

stated as follows: Question I. Is Florida Statute, § 832.05 unconstitutional because it deprives the defendant

DeGeso v. State

771 So. 2d 1264, 2000 WL 1700185

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 1338916

Cited 5 times | Published

(1995); passing a worthless check in violation of section 832.05(2), Florida Statutes (1995); and failure to

House v. State

696 So. 2d 515, 1997 WL 373830

District Court of Appeal of Florida | Filed: Jul 8, 1997 | Docket: 1326020

Cited 5 times | Published

check in the amount of $160, in violation of section 832.05, Florida Statutes (1991). This crime is a third-degree

Bell v. State

585 So. 2d 1125, 1991 WL 178111

District Court of Appeal of Florida | Filed: Sep 13, 1991 | Docket: 1293681

Cited 5 times | Published

assuming that the prosecution was brought pursuant to § 832.05(4), Fla. Stat. (1989), violation of which is a

Kehle v. Modansky

696 So. 2d 493, 1997 WL 362847

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1325891

Cited 4 times | Published

parallel civil worthless check statute. Compare § 832.05, Fla. Stat. (1995)(criminal action), with § 68

Habie v. Krischer

642 So. 2d 138, 1994 WL 498397

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 549612

Cited 4 times | Published

believes" it is necessary to defend himself. Further, § 832.05 makes it unlawful to issue checks when the maker

Dirk v. State

305 So. 2d 187

Supreme Court of Florida | Filed: May 29, 1974 | Docket: 457065

Cited 4 times | Published

County upholding the constitutional validity of Section 832.05, Florida Statutes, thereby vesting jurisdiction

Rapp v. State

274 So. 2d 18

District Court of Appeal of Florida | Filed: Mar 8, 1973 | Docket: 1260405

Cited 4 times | Published

the instant appeal in violation of Fla. Stat. § 832.05(3)(a) (1971), F.S.A. No appeal has been taken

State Ex Rel. Shargaa v. Culver

113 So. 2d 383

Supreme Court of Florida | Filed: Jun 26, 1959 | Docket: 1490703

Cited 4 times | Published

a felony. This is the offense condemned by Section 832.05(2), Florida Statutes, F.S.A. In order to point

Alvarez v. Alvarez

800 So. 2d 280, 2001 WL 1230550

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1283278

Cited 3 times | Published

statute, the criminal worthless check statute, section 832.05(2)(a), Florida Statutes, does not apply to

Morin v. State

790 So. 2d 588, 2001 WL 871364

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 1412022

Cited 3 times | Published

AFFIRMED. COBB and PALMER, JJ., concur. NOTES [1] Section 832.05(4), Florida Statutes (1999). [2] Morin does

Designed Flooring Distributors, Inc. v. Wagenti (In Re Wagenti)

110 B.R. 602, 1990 Bankr. LEXIS 249

United States Bankruptcy Court, S.D. Florida. | Filed: Feb 7, 1990 | Docket: 1799416

Cited 3 times | Published

circumstances. The debtor cites Florida Statute, § 832.05, and contends that this statute prohibits the

Freiberger v. State

343 So. 2d 57

District Court of Appeal of Florida | Filed: Feb 25, 1977 | Docket: 1031832

Cited 3 times | Published

which are promissory notes under the law. See Section 832.05(2)(a), Florida Statutes (1975). It was further

Homeway Furniture Co. of Mount Airy v. Horne

822 So. 2d 533, 2002 Fla. App. LEXIS 10112, 2002 WL 1585585

District Court of Appeal of Florida | Filed: Jul 19, 2002 | Docket: 64816633

Cited 2 times | Published

criminal charges on postdated checks. See, e.g., § 832.05, Fla. Stat. (2001); N.C. Gen. Stat. § 14-107 (2001);

Children's Palace, Inc. v. Johnson

609 So. 2d 755, 1992 WL 358241

District Court of Appeal of Florida | Filed: Dec 7, 1992 | Docket: 1473303

Cited 2 times | Published

(Ill. 1979)). Mrs. Johnson was convicted under section 832.05(2)(a), Florida Statutes, which provides that

Wichael v. State

567 So. 2d 549, 1990 WL 143338

District Court of Appeal of Florida | Filed: Oct 4, 1990 | Docket: 1380348

Cited 2 times | Published

AFFIRMED. COBB and COWART, JJ., concur. NOTES [1] § 832.05(4), Fla. Stat. (1987). [2] Lambert v. State,

Parsons v. State

470 So. 2d 834, 10 Fla. L. Weekly 1464

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 1260461

Cited 2 times | Published

return for a worthless check in violation of section 832.05, Florida Statutes (1979). After pleading guilty

Rigaud v. State

404 So. 2d 791

District Court of Appeal of Florida | Filed: Oct 6, 1981 | Docket: 1783275

Cited 2 times | Published

in return for a worthless check contrary to Section 832.05(3), Florida Statutes (1975) [Count I]; and

Ingram v. State

393 So. 2d 1187

District Court of Appeal of Florida | Filed: Feb 17, 1981 | Docket: 2581879

Cited 2 times | Published

offenses felonies as opposed to misdemeanors [compare § 832.05(2), Fla. Stat. (1979)], a matter which went directly

Weldon v. State

287 So. 2d 133

District Court of Appeal of Florida | Filed: Dec 21, 1973 | Docket: 1652999

Cited 2 times | Published

the alleged unconstitutionality of Fla. Stat. § 832.05(6), F.S.A., which provides that "... the drawing

Brewster v. McNeil

720 F. Supp. 2d 1369, 2009 U.S. Dist. LEXIS 128314, 2009 WL 6622737

District Court, S.D. Florida | Filed: Jun 12, 2009 | Docket: 189932

Cited 1 times | Published

specifically with passing bad checks. § 832.05, Fla. Stat. Indeed, § 832.05(4) deals with precisely the conduct

State v. Scott

879 So. 2d 99, 2004 WL 1749529

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 1514419

Cited 1 times | Published

return for a worthless check in violation of section 832.05, Florida Statutes (2001). Scott had issued

Wells v. State

807 So. 2d 132, 2002 Fla. App. LEXIS 733, 2002 WL 112464

District Court of Appeal of Florida | Filed: Jan 30, 2002 | Docket: 64812408

Cited 1 times | Published

funds with which to pay them on presentation. § 832.05(2)(a), Fla. Stat. (1995). In this case the State

Craver v. State

561 So. 2d 1251, 1990 WL 66196

District Court of Appeal of Florida | Filed: May 18, 1990 | Docket: 1480225

Cited 1 times | Published

return for worthless checks, in violation of section 832.05(4), Florida Statutes (Supp. 1986). Nine counts

Petras v. State

486 So. 2d 44, 11 Fla. L. Weekly 789

District Court of Appeal of Florida | Filed: Apr 3, 1986 | Docket: 1407017

Cited 1 times | Published

DAUKSCH, J., dissents without opinion. NOTES [1] § 832.05(4)(a), Fla. Stat. (1983). [2] Fla.R.Crim.P. 3

Prince v. State

333 So. 2d 63

District Court of Appeal of Florida | Filed: Jun 11, 1976 | Docket: 1290837

Cited 1 times | Published

a separate worthless check in violation of Section 832.05 Florida Statutes. Each check was in the amount

State v. Monsees

301 So. 2d 109

District Court of Appeal of Florida | Filed: Oct 4, 1974 | Docket: 1338804

Cited 1 times | Published

in return for worthless checks in violation of § 832.05, F.S. At trial she admitted that she wrote the

Laytner v. State

239 So. 2d 857, 1970 Fla. App. LEXIS 5867

District Court of Appeal of Florida | Filed: Oct 6, 1970 | Docket: 64516815

Cited 1 times | Published

issuance of a worthless check, in violation of § 832.05(3), Fla.Stat., F.S.A. Upon a non-jury trial, she

CHARLIE DENNIS ALTMAN v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 67174379

Published

item with intent to defraud in violation of section 832.05(3) (case no. 2018-CF-793-AK). On October 10

Secong v. State

225 So. 3d 909, 2017 WL 3160849, 2017 Fla. App. LEXIS 10646

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 6126090

Published

of uttering worthless checks in violation of section 832.05(2) of the Florida Statutes. The lower court

Gomez v. State

220 So. 3d 495, 2017 WL 1929685, 2017 Fla. App. LEXIS 6565

District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 6060367

Published

more), third degree felonies, in violation of section 832.05(4). Lower Case No. 14-13480 — five counts

McCarthy v. State

214 So. 3d 790, 2017 WL 1277739, 2017 Fla. App. LEXIS 4571

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669309

Published

return for a worthless check, in violation of section 832.05(4)(c), Florida Statutes (2010). In each of

Duncan v. State

135 So. 3d 361, 2014 Fla. App. LEXIS 56, 2014 WL 25583

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60239585

Published

a misdemeanor worthless check charge under section 832.05(2), Florida Statutes (2010). The facts underlying

Levitan v. State

100 So. 3d 776, 2012 Fla. App. LEXIS 19920, 2012 WL 5477105

District Court of Appeal of Florida | Filed: Nov 13, 2012 | Docket: 60225957

Published

quiver. Florida’s worthless check statute, section 832.05, Florida Statutes, was enacted to provide criminal

Brewster v. United States

559 F. Supp. 2d 1311, 2008 U.S. Dist. LEXIS 39347, 2008 WL 2074394

District Court, S.D. Florida | Filed: May 14, 2008 | Docket: 2503060

Published

specifically with passing bad checks. § 832.05, Fla. Stat. Indeed, § 832.05(4) deals with precisely the conduct

Miranda v. State

773 So. 2d 1195, 2000 Fla. App. LEXIS 15899, 2000 WL 1781683

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 64802550

Published

return for a worthless check in violation of section 832.05(4), Florida Statutes (1997). Miranda argues

Graham v. State

779 So. 2d 370, 2000 Fla. App. LEXIS 5564, 2000 WL 571403

District Court of Appeal of Florida | Filed: May 12, 2000 | Docket: 64804131

Published

Concur. . § 812.014(2)(c)1, Fla. Slat. (1997). . § 832.05(4), Fla. Stat. (1997).

Parrot Heads, Inc. v. Department of Business & Professional Regulation

741 So. 2d 1231, 1999 Fla. App. LEXIS 13135, 1999 WL 776089

District Court of Appeal of Florida | Filed: Oct 1, 1999 | Docket: 64791246

Published

pay the same upon presentation, contrary to Section 832.05, within 561.29(l)(a), Florida Statutes. Check

State v. Gonzalez

685 So. 2d 934, 1996 Fla. App. LEXIS 13075, 1996 WL 723386

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 64770165

Published

item with intent to defraud in violation of section 832.05(3), Florida Statutes (1993). Appellee filed

Nece v. State

683 So. 2d 622, 1996 Fla. App. LEXIS 12428, 1996 WL 673342

District Court of Appeal of Florida | Filed: Nov 22, 1996 | Docket: 64769352

Published

worthless check, a third-degree felony under section 832.05(4), Florida Statutes (1993). We agree with

State v. Scherer

644 So. 2d 151, 1994 Fla. App. LEXIS 10354, 1994 WL 583280

District Court of Appeal of Florida | Filed: Oct 26, 1994 | Docket: 64751605

Published

property by felony worthless check, a violation of section 832.05(4)(a) and (c), Florida Statutes (1991). The

State v. Pomper

620 So. 2d 1098, 1993 Fla. App. LEXIS 6912, 1993 WL 230138

District Court of Appeal of Florida | Filed: Jun 30, 1993 | Docket: 64697465

Published

April 2, 1990. Count II alleged a violation of Section 832.05(4) by the passing of a check # 253 in the amount

Posner v. State

619 So. 2d 461, 1993 Fla. App. LEXIS 6147, 1993 WL 191979

District Court of Appeal of Florida | Filed: Jun 9, 1993 | Docket: 64696622

Published

in return for a worthless check, contrary to section 832.05(4), Florida Statutes (1989). Appellant maintains

Harrell v. McMillan

614 So. 2d 1185, 1993 Fla. App. LEXIS 2078, 1993 WL 40476

District Court of Appeal of Florida | Filed: Feb 19, 1993 | Docket: 64694732

Published

of $150, a third degree felony pursuant to section 832.05(4)(c), Florida Statutes (Supp.1992). Pretrial

Williams v. State

604 So. 2d 10, 1992 Fla. App. LEXIS 8391, 1992 WL 185033

District Court of Appeal of Florida | Filed: Aug 4, 1992 | Docket: 64669418

Published

in return for a worthless check, contrary to section 832.05, Florida Statutes (1991), in each of two separate

Frederickson v. State

585 So. 2d 506, 1991 Fla. App. LEXIS 9689, 1991 WL 185187

District Court of Appeal of Florida | Filed: Sep 18, 1991 | Docket: 64661392

Published

fourteen separate worthless check charges under Section 832.05(4)(a), Florida Statutes. We affirm on all issues

Cornell v. Jerome

573 So. 2d 171, 1991 Fla. App. LEXIS 270, 1991 WL 3591

District Court of Appeal of Florida | Filed: Jan 16, 1991 | Docket: 64655885

Published

employee of Gateway Travel & Tourism, Inc., under section 832.05, because that statute makes it a crime to issue

Strickland v. State

559 So. 2d 1288, 1990 Fla. App. LEXIS 2764, 1990 WL 48618

District Court of Appeal of Florida | Filed: Apr 20, 1990 | Docket: 64649782

Published

sustain only the lesser misdemeanor proscribed by section 832.05(2), Florida Statutes (1989). State v. Harris

Marrero v. City of Pinellas Park ex rel. Pinellas Park Police Department

563 So. 2d 708, 1990 Fla. App. LEXIS 2682, 1990 WL 48612

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 64651279

Published

PARKER, A.C.J., and PATTERSON, J., concur. . § 832.05, Fla.Stat. (1985). . § 812.014, Fla.Stat. (1985)

Hedglin v. State

541 So. 2d 763, 14 Fla. L. Weekly 935, 10 U.C.C. Rep. Serv. 2d (West) 453, 1989 Fla. App. LEXIS 1916, 1989 WL 34501

District Court of Appeal of Florida | Filed: Apr 13, 1989 | Docket: 64641608

Published

attached. Hedglin was then charged with violating § 832.05(3)(a), Florida Statutes (1987). After the trial

State v. Kravit

509 So. 2d 961, 12 Fla. L. Weekly 1547, 1987 Fla. App. LEXIS 9005

District Court of Appeal of Florida | Filed: Jun 24, 1987 | Docket: 64628341

Published

granted the motion to dismiss on the authority of section 832.05(4)(a), Florida Statutes (1985) which provides

State v. Brick

490 So. 2d 1330, 11 Fla. L. Weekly 1453, 1986 Fla. App. LEXIS 8637

District Court of Appeal of Florida | Filed: Jul 1, 1986 | Docket: 64620426

Published

issued to Winn-Dixie Stores, Inc. . Under Section 832.05(3), Florida Statutes (1973), where the payee

Bruton v. State

489 So. 2d 1195, 11 Fla. L. Weekly 1263, 1986 Fla. App. LEXIS 8240

District Court of Appeal of Florida | Filed: Jun 4, 1986 | Docket: 64620074

Published

return for a worthless check, in violation of section 832.05(4), Florida Stat*1196utes. After pleading guilty

Holder v. State

470 So. 2d 88, 10 Fla. L. Weekly 1371, 1985 Fla. App. LEXIS 14371

District Court of Appeal of Florida | Filed: Jun 6, 1985 | Docket: 64612427

Published

at conviction were misdemeanors or felonies. Section 832.05, Florida Statutes (1983), which prohibits the

Johnson v. State

444 So. 2d 563, 1984 Fla. App. LEXIS 11495

District Court of Appeal of Florida | Filed: Jan 30, 1984 | Docket: 64602435

Published

check with intent to defraud in violation of section 832.05(3), Florida Statutes, which provides: (a) It

Ford v. State

433 So. 2d 1335, 1983 Fla. App. LEXIS 19809

District Court of Appeal of Florida | Filed: Jul 6, 1983 | Docket: 64598071

Published

means of a worthless check, in violation of section 832.05, Florida Statutes (1979). After a jury was

Florida Bar v. Drizin

420 So. 2d 878, 1982 Fla. LEXIS 2557

Supreme Court of Florida | Filed: Oct 7, 1982 | Docket: 64592713

Published

find that Respondent by his actions violated Section 832.05(4)(a), Florida Statutes (1979), in that he

Florida Bar

404 So. 2d 746, 1981 Fla. LEXIS 2853

Supreme Court of Florida | Filed: Sep 24, 1981 | Docket: 64585481

Published

a worthless check contrary to Florida Statute § 832.05. b. It is alleged that James Edward Ferguson,

Draper v. State

403 So. 2d 615, 1981 Fla. App. LEXIS 21112

District Court of Appeal of Florida | Filed: Sep 16, 1981 | Docket: 64585045

Published

State, 318 So.2d 472 (Fla. 4th DCA 1975). . § 832.05, Fla.Stat. (1979). . We are aware that the holding

Paskind v. State ex rel. Salcines

390 So. 2d 1198, 1980 Fla. App. LEXIS 17581

District Court of Appeal of Florida | Filed: Nov 5, 1980 | Docket: 64579100

Published

were therefore maintaining a nuisance under section 832.05, Florida Statutes (1979), and seeking an order

Banderas v. State

372 So. 2d 489, 1979 Fla. App. LEXIS 15364

District Court of Appeal of Florida | Filed: May 29, 1979 | Docket: 64570854

Published

felony of uttering a worthless check under Section 832.05, Florida Statutes (1977). Subsequently, the

Roberts v. State

370 So. 2d 800, 1979 Fla. App. LEXIS 14411

District Court of Appeal of Florida | Filed: Apr 11, 1979 | Docket: 64570091

Published

crime of issuing a worthless check contravening Section 832.05(2), Florida Statutes (1977). Mr. Roberts contends

McFarland v. State

368 So. 2d 948, 1979 Fla. App. LEXIS 14286

District Court of Appeal of Florida | Filed: Mar 21, 1979 | Docket: 64569160

Published

property in return for a worthless draft under § 832.-05(3) Fla.Stat. Indeed, under this Chapter the State

Giles v. State

363 So. 2d 164, 1978 Fla. App. LEXIS 16763

District Court of Appeal of Florida | Filed: Oct 10, 1978 | Docket: 64566566

Published

return for a worthless check, in violation of Section 832.-05(3), Florida Statutes (1975). He was given probation

Kravets v. State

360 So. 2d 486, 1978 Fla. App. LEXIS 15954

District Court of Appeal of Florida | Filed: Jul 12, 1978 | Docket: 64565267

Published

property by worthless check in violation of Section 832.05(3), Florida Statutes (1975). He was adjudged

State v. Berry

358 So. 2d 545

Supreme Court of Florida | Filed: Apr 4, 1978 | Docket: 2532538

Published

entitled "Worthless Check Obtaining Property F.S. 832.05(3)", set forth on pages 203 and 204 of the Second

Jones v. State

356 So. 2d 837, 1978 Fla. App. LEXIS 15540

District Court of Appeal of Florida | Filed: Mar 8, 1978 | Docket: 64563564

Published

check he knew to be worthless, contrary to Section 832.05(3), Florida Statutes (1975). Jones’ sole point

Adams v. State

356 So. 2d 346, 1978 Fla. App. LEXIS 15479

District Court of Appeal of Florida | Filed: Feb 24, 1978 | Docket: 64563389

Published

check he knew to be worthless, contrary to Section 832.05(3), Florida Statutes (1975), which provides

Abascal v. State

345 So. 2d 397, 1977 Fla. App. LEXIS 15825

District Court of Appeal of Florida | Filed: May 3, 1977 | Docket: 64558361

Published

issuing worthless checks, third degree felonies [Section 832.-05(2)(b), Florida Statutes (1975)] which are punishable

Berry v. State

345 So. 2d 828, 1977 Fla. App. LEXIS 15544

District Court of Appeal of Florida | Filed: Apr 29, 1977 | Docket: 64558462

Published

CURIAM. Appellant was convicted of violation of Section 832.05(3), Florida Statutes (1975). The trial court

State v. Bower

341 So. 2d 216, 1976 Fla. App. LEXIS 15903

District Court of Appeal of Florida | Filed: Dec 17, 1976 | Docket: 64556607

Published

return for a worthless check in violation of Section 832.05, Florida Statutes. The information alleges

Bailer v. State

337 So. 2d 415, 1976 Fla. App. LEXIS 15475

District Court of Appeal of Florida | Filed: Sep 24, 1976 | Docket: 64555091

Published

Return for Worthless Check, in violation of Section 832.05(3), Florida Statutes (1973), is reversed because

Isom v. State

335 So. 2d 1, 1976 Fla. LEXIS 4249

Supreme Court of Florida | Filed: Jun 30, 1976 | Docket: 64554462

Published

case raises the constitutional validity of Section 832.05 (6), Florida Statutes (1975), the “bad check”

Herdman v. State

328 So. 2d 459, 1976 Fla. App. LEXIS 14836

District Court of Appeal of Florida | Filed: Mar 12, 1976 | Docket: 64552818

Published

of a worthless check, proscribed by Fla.Stat. § 832.05(3) (1973). Convicted on his own guilty plea, he

Sankey v. State

325 So. 2d 465, 1976 Fla. App. LEXIS 15269

District Court of Appeal of Florida | Filed: Feb 6, 1976 | Docket: 64551972

Published

for a second degree misdemeanor, as provided in § 832.-05(2), Fla.Stat. Because the appellant was originally

Stephens v. State

324 So. 2d 190, 1975 Fla. App. LEXIS 19056

District Court of Appeal of Florida | Filed: Dec 23, 1975 | Docket: 64551453

Published

a part hereof as Exhibit No. 1, contrary to Section 832.05, Florida Statutes. “COUNT II. And Harry Morrison

Tappan v. State

277 So. 2d 310, 1973 Fla. App. LEXIS 6723

District Court of Appeal of Florida | Filed: May 10, 1973 | Docket: 64532087

Published

a worthless check, as proscribed by, F.S., Section 832.05(3) (a), F.S.A. We conclude that the evidence

Schaefer v. State

264 So. 2d 121, 1972 Fla. App. LEXIS 6529

District Court of Appeal of Florida | Filed: Jun 29, 1972 | Docket: 64526691

Published

obtaining things of value in violation of F.S. Section 832.05(3), F.S.A. On 29 September 1970 the defendant

Gill v. State

235 So. 2d 751, 1970 Fla. App. LEXIS 6454

District Court of Appeal of Florida | Filed: May 15, 1970 | Docket: 64514796

Published

them in the manner proscribed by Fla.Stat., 1967, § 832.05(3), F.S.A. For this reason the judgment appealed

State v. Rand

231 So. 2d 31, 1970 Fla. App. LEXIS 6880

District Court of Appeal of Florida | Filed: Jan 27, 1970 | Docket: 64513043

Published

defendant, Rand, and another, with violations of § 832.05(3), Fla.Stat., F.S.A. Both informations were filed

Ivey v. State

219 So. 2d 120, 1969 Fla. App. LEXIS 6160

District Court of Appeal of Florida | Filed: Feb 27, 1969 | Docket: 64508509

Published

uttering a worthless check in violation of Section 832.05(3) (a), F.S.1967, F.S.A., was found guilty

Ellis v. State

202 So. 2d 576, 1967 Fla. App. LEXIS 4291

District Court of Appeal of Florida | Filed: May 30, 1967 | Docket: 64502350

Published

reads as follows: "The court charges you that Section 832.-05(2) [(a)] (2), F.S. provides that: “It shall

Woolley v. State

193 So. 2d 706, 1966 Fla. App. LEXIS 4477

District Court of Appeal of Florida | Filed: Nov 30, 1966 | Docket: 64499349

Published

in return for a worthless check in violation of § 832.05, Fla.Stats., F.S.A. He was tried before a jury

Cahill v. State

190 So. 2d 621, 1966 Fla. App. LEXIS 4944

District Court of Appeal of Florida | Filed: Oct 12, 1966 | Docket: 64498232

Published

in return for a worthless check in violation of § 832.05(3), Fla.Stat., F.S.A. The jury found -him guilty

Smolen v. State

188 So. 2d 861, 1966 Fla. App. LEXIS 5138

District Court of Appeal of Florida | Filed: Jul 15, 1966 | Docket: 64497699

Published

crime of uttering a worthless check under F.S.A. § 832.05(3). They appeal. We reverse. Our consideration

Ashmann v. State

184 So. 2d 697, 1966 Fla. App. LEXIS 5741

District Court of Appeal of Florida | Filed: Mar 22, 1966 | Docket: 64496213

Published

charges of issuing worthless checks in violation of § 832.05 (3), Fla.Stat., F.S.A. Judgments were entered

McCormick v. State

161 So. 2d 696

District Court of Appeal of Florida | Filed: Feb 26, 1964 | Docket: 60220117

Published

liable for prosecution for violation of Fla. Stat. § 832.05(2), F.S.A. (uttering, issuing or delivering a

Crowell v. State

153 So. 2d 849, 1963 Fla. App. LEXIS 3277

District Court of Appeal of Florida | Filed: May 31, 1963 | Docket: 60212427

Published

of a felony under an information pursuant to section 832.05(3), Florida Statutes, F.S. A., charging, essentially

Harrington v. Wainwright

148 So. 2d 260

Supreme Court of Florida | Filed: Jan 4, 1963 | Docket: 60209073

Published

an offense which constitutes a felony under Section 832.05(3), Florida Statutes, F.S.A. The sentence of

State ex rel. Florida Bar v. Davis

145 So. 2d 735

Supreme Court of Florida | Filed: Oct 19, 1962 | Docket: 60207523

Published

attorneys in Florida, 31 F.S.A. and Florida Statute § 832.05, F.S.A. Although respondent received notice of

Helms v. State

128 So. 2d 756, 1961 Fla. App. LEXIS 3045

District Court of Appeal of Florida | Filed: Apr 20, 1961 | Docket: 60197200

Published

appellant was charged with violation of F.S. Section 832.05(3), F.S.A., which is as follows: “It shall

Harris v. State

123 So. 2d 752

District Court of Appeal of Florida | Filed: Oct 31, 1960 | Docket: 60195869

Published

which the information appears to have been drawn — § 832.05(3) —reads as follows : “Obtaining property in

Penrod v. Cochran

123 So. 2d 334

Supreme Court of Florida | Filed: Sep 28, 1960 | Docket: 60195621

Published

a worthless check contitutes a felony under Section 832.05(3), Florida Statutes, F.S.A. Petitioner pleaded

State ex rel. Broad v. Cochran

115 So. 2d 169

Supreme Court of Florida | Filed: Oct 21, 1959 | Docket: 60193467

Published

there held that since the offense condemned by § 832.-05(2), Florida Statutes, F.S.A., must be classed

Greer v. Culver

113 So. 2d 386, 1959 Fla. LEXIS 1506

Supreme Court of Florida | Filed: Jun 26, 1959 | Docket: 60192866

Published

convicted and sentenced pursuant to Section 832.05(3) and Section 832.05(6), Florida Statutes, F.S.A. It

Williams v. State

105 So. 2d 505

District Court of Appeal of Florida | Filed: Oct 3, 1958 | Docket: 60190879

Published

CURIAM. Appellant was informed against under section 832.05, Florida Statutes, F.S.A., upon a charge of