Florida Statute 832.05 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 832.05

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

Annotations, Discussions, Cases:

Cases Citing Statute 832.05

Total Results: 20

CHARLIE DENNIS ALTMAN v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-12T00:53:00-07:00

Snippet: with intent to defraud in violation of section 832.05(3) (case no. 2018-CF-793-AK). On October 10, 2019

Secong v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-26T00:00:00-07:00

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

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

Gomez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-10T00:00:00-07:00

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

Snippet: third degree felonies, in violation of section 832.05(4). Lower Case No. 14-13480 — five counts … third degree felonies, in violation of section 832.05(4). Lower Case No. 14-22837 — Count 1: first… third degree felonies, in violation of section 832.05(2). Lower Case No. 15-1546 — Count 1: third… a third degree felony, in violation of section 832.05(2). Lower Case No. 15-9420 — Count 1: third… third degree felonies, in violation of section 832.05(2). The defendant moved for a downward departure

McCarthy v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-05T00:00:00-07:00

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

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

Duncan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-03T00:00:00-08:00

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

Snippet: misdemeanor worthless check charge under section 832.05(2), Florida Statutes (2010). The facts underlying…services in return for a worthless check under section 832.05(4), Florida Statutes. Duncan argues that the evidence…only the lesser misdemeanor proscribed by section 832.05(2), Florida Statutes ....” Id. (citing State v.…conviction could not be sustained under section 832.05 because there was “no indication that the offer

Levitan v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-13T00:00:00-08:00

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

Snippet: trade and commerce.” § 832.05(1), Fla. Stat. (2012). Section 812.04 and section 832.05 work hand-in-glove;…quiver. Florida’s worthless check statute, section 832.05, Florida Statutes, was enacted to provide criminal

State v. Scott

Court: Fla. Dist. Ct. App. | Date Filed: 2004-08-06T00:53:00-07:00

Citation: 879 So. 2d 99

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

FLA. DHSMV v. Critchfield

Court: Fla. | Date Filed: 2003-03-12T23:53:00-08:00

Citation: 842 So. 2d 782

Snippet: for any violation of s. 832.04, s. 832.041, s. 832.05, or s. 832.06. The use of this section by a payee

HOMEWAY FURN. CO. OF MOUNT AIRY v. Horne

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-19T00:53:00-07:00

Citation: 822 So. 2d 533

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

Homeway Furniture Co. of Mount Airy v. Horne

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-19T00:00:00-07:00

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

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

Sawyer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-26T00:53:00-07:00

Citation: 819 So. 2d 966

Snippet: for passing a worthless check in violation of s. 832.05, who fails to appear before the court and against

Wells v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-01-30T00:00:00-08:00

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

Snippet: giving worthless checks in violation of subsection 832.05(2), Fla. Stat. (1995). We affirm. Defendant-appellant…was given the standard instruction for subsection 832.05(2). The jury was told that one element to be established…funds with which to pay them on presentation. § 832.05(2)(a), Fla. Stat. (1995). In this case the State…insufficient funds check, knowing it be such. § 832.05(2)(a), Fla. Stat. (1995). “[Wjhere a corporate

Alvarez v. Alvarez

Court: Fla. Dist. Ct. App. | Date Filed: 2001-10-17T00:53:00-07:00

Citation: 800 So. 2d 280

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

Morin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-03T00:53:00-07:00

Citation: 790 So. 2d 588

Snippet: COBB and PALMER, JJ., concur. NOTES [1] Section 832.05(4), Florida Statutes (1999). [2] Morin does not

Miranda v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-06T00:00:00-08:00

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

Snippet: construing section 832.05(3), Florida Statutes (1975), which is renumbered as section 832.05(4)(a), Florida…return for a worthless check in violation of section 832.05(4), Florida Statutes (1997). Miranda argues that… the State did not prove a violation of section 832.05(4) because (1) the State did not establish that…the intent to tender a worthless check. Section 832.05(4)(a), Florida Statutes (1997), provides, in pertinent… the day after the check was presented. Section 832.05(7), Florida Statutes (1997), also provides for

DeGeso v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-11-14T23:53:00-08:00

Citation: 771 So. 2d 1264

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

Graham v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-12T00:00:00-07:00

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

Snippet: . . § 812.014(2)(c)1, Fla. Slat. (1997). . § 832.05(4), Fla. Stat. (1997). No. 2D99-920

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

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-01T00:00:00-07:00

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

Snippet: .” § 832.05(2)(a), Fla. Stat. Sunset’s agent did not admit to a prior violation of section 832.05(2)(a…the same upon presentation, contrary to Section 832.05, within 561.29(l)(a), Florida Statutes. Check number… guidelines for the single violation of section 832.05, Florida Statutes, as alleged in the administrative… was charged with a single violation of section 832.05, Florida Statutes, entitled “Giving worthless checks…guidelines provide that for a violation of section 832.05, Florida Statutes (worthless check) the penalty

Standard Jury Instructions

Court: Fla. | Date Filed: 1998-07-16T00:53:00-07:00

Citation: 723 So. 2d 123

Snippet: 832.05(2) under $150 832.05(4) Obtaining property Worthless check-832.05(2) Attempt… Worthless check - 832.05(2) … misdemeanor) 832.05(2) Worthless None

House v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-08T00:53:00-07:00

Citation: 696 So. 2d 515

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