Florida Statutes

Fla. Stat. § 832.05 (2025)

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

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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.

Arrestable Offenses under F.S. 832.05

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§832.05(2)FRAUD-INSUFF FUNDS CHECKRENUMBERED. SEE REC # 7900M · 1st

§832.05(2)FRAUD-INSUFF FUNDS CHECKRENUMBERED. SEE REC # 7899F · 3rd

§832.05(3)FRAUDRENUMBERED. SEE REC # 8818F · 3rd

§832.05(2a)FRAUD-INSUFF FUNDS CHECKMAKE/UTTER/ISSUE INVALID DEBIT/CHECK 0+F · 3rd

§832.05(2a)FRAUD-INSUFF FUNDS CHECKMAKE/UTTER/ISSUE INVALID DEBIT/CHECK LT 0M · 1st

§832.05(2b)FRAUD-INSUFF FUNDS CHECKRENUMBERED. SEE REC # 8888F · 3rd

§832.05(2b)FRAUD-INSUFF FUNDS CHECKRENUMBERED. SEE REC # 8891M · 1st

§832.05(3a)FRAUDCASH DEPOSIT BANK ITEM W INTENT TO DEFRAUDF · 3rd

§832.05(4a)FRAUD-INSUFF FUNDS CHECKOBTAIN GOODS/SVC W INVALID DEBIT/CHECK 0+F · 3rd

§832.05(4a)FRAUD-INSUFF FUNDS CHECKOBTAIN GOODS/SVC W INVALID DEBIT/CHECK LT 0M · 1st

§832.05(4b)FRAUDOBT GOOD SVC DEBT CARD INSUF FUND LESS 150 DOLM · 1st

§832.05(4b)FRAUDOBT GOOD SVC DEBT CARD INSUF FUND 150 DOL MOREF · 3rd

Notes of Decisions

Cited in 114 cases (1 in the last 5 years), 1955–2023 · leading case: Dirk v. State, 305 So. 2d 187 (Fla. 1974).

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Dirk v. State, 305 So. 2d 187 (Fla. 1974). · cites it 20× “, to review an order of the Circuit Court of Pinellas County upholding the constitutional validity of Section 832.05, Florida Statutes, thereby vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(1), Florida Constitution (1973), F.”

Villery v. Florida Parole & Prob. Com'n, 396 So. 2d 1107 (Fla. 1981). · cites it 2× “She had pleaded guilty to five counts of knowingly issuing worthless checks in excess of fifty dollars in violation of section 832.05, Florida Statutes. The trial court withheld adjudication of guilt and imposition of sentence and placed petitioner on concurrent terms of…”

Tourismart of Am., Inc. v. Gonzalez, 498 So. 2d 469 (Fla. 3d DCA 1986). · cites it 6× “It is further alleged that Gonzalez was involved in Gateway's scheme to use credit cards to fraudulently purchase airline tickets without the card-owner's consent.”

Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992). · cites it 2× “[Page A-61] *1239 WORTHLESS CHECK OBTAINING PROPERTY (Amended) F.S. 832.05(4) Note to This statute applies to a variety of orders to pay money Judge and "commercial paper," and a variety of types of drawees and transactions.”

United States v. Kelly, 510 F.3d 433 (4th Cir. 2007). “” Fla. Stat. Ann. § 832.05 (2)(a) (emphasis added).”

Ennis v. State, 95 So. 2d 20 (Fla. 1957). · cites it 8× “Appellant contends that Section 832.05 Florida Statutes of 1955, F.”

Roger Rankin Enter., Inc. v. Green, 433 So. 2d 1248 (Fla. 3d DCA 1983). · cites it 6× “Appellant sued Green for the amount of the worthless checks on the ground that the payee of a worthless corporate check has an implied civil remedy under section 832.05, Florida Statutes (1981), which imposes criminal sanctions for drawing, uttering, issuing, or delivering a…”

Laytner v. State, 239 So. 2d 857 (Fla. 3d DCA 1970). · cites it 9× “To this extent, the judgment of conviction is hereby amended to show a conviction of a violation of § 832.05(2), Fla.Stat., F.S.A. [a misdemeanor].”

Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986). · cites it 2× “Lawton pled guilty to obtaining property in return for a worthless check in contravention of Section 832.05(4), Florida Statutes. He was found insolvent and a public defender was appointed to represent him.”

Gomez v. State, 220 So. 3d 495 (Fla. 3d DCA 2017). · cites it 5× “034(4)(a)1,; and Counts 3-6: uttering a worthless check (0 or more), third degree felonies, in violation of section 832.05(2). Lower Case No. 15-1546 — Count 1: third degree grand theft, a third degree felony, in violation of section 812.”

Shargaa v. State, 84 So. 2d 42 (Fla. 1955). · cites it 6× “Section 832.05(2), Florida Statutes, F.S.”

Ingram v. State, 393 So. 2d 1187 (Fla. 3d DCA 1981). · cites it 6× “It seems clear beyond dispute that the jury here was completely misled as to what the defendant was charged with and had no knowledge whatever as to a material element of the crime which made these offenses felonies as opposed to misdemeanors [compare § 832.”

Show all 114 citing cases →

— 832.05(1) — 1 case

Levitan v. State, 100 So. 3d 776 (Fla. 1st DCA 2012).

— 832.05(2) — 22 cases

Gomez v. State, 220 So. 3d 495 (Fla. 3d DCA 2017). “034(4)(a)1,; and Counts 3-6: uttering a worthless check (0 or more), third degree felonies, in violation of section 832.05(2). Lower Case No. 15-1546 — Count 1: third degree grand theft, a third degree felony, in violation of section 812.”

DeGeso v. State, 771 So. 2d 1264 (Fla. 2d DCA 2000).

Strickland v. State, 559 So. 2d 1288 (Fla. 2d DCA 1990).

Laytner v. State, 239 So. 2d 857 (Fla. 3d DCA 1970). “To this extent, the judgment of conviction is hereby amended to show a conviction of a violation of § 832.05(2), Fla.Stat., F.S.A. [a misdemeanor].”

Shargaa v. State, 84 So. 2d 42 (Fla. 1955). “Section 832.05(2), Florida Statutes, F.S.”

— 832.05(2)(a) — 10 cases

The Florida Bar v. Davis, 361 So. 2d 159 (Fla. 1978).

Alvarez v. Alvarez, 800 So. 2d 280 (Fla. 3d DCA 2001).

Child.'s Palace, Inc. v. Johnson, 609 So. 2d 755 (Fla. 1st DCA 1992).

Wells v. State, 807 So. 2d 132 (Fla. 3d DCA 2002).

Freiberger v. State, 343 So. 2d 57 (Fla. 4th DCA 1977).

— 832.05(2)(b) — 2 cases

Perrin v. State, 599 So. 2d 1365 (Fla. 1st DCA 1992).

Craver v. State, 561 So. 2d 1251 (Fla. 2d DCA 1990).

— 832.05(3) — 32 cases

Rigaud v. State, 404 So. 2d 791 (Fla. 3d DCA 1981).

State v. Berry, 358 So. 2d 545 (Fla. 1978).

Dirk v. State, 305 So. 2d 187 (Fla. 1974). “, to review an order of the Circuit Court of Pinellas County upholding the constitutional validity of Section 832.05, Florida Statutes, thereby vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(1), Florida Constitution (1973), F.”

State v. Rand, 231 So. 2d 31 (Fla. 3d DCA 1970).

— 832.05(3)(a) — 2 cases

Johnson v. State, 444 So. 2d 563 (Fla. 1st DCA 1984).

Hedglin v. State, 541 So. 2d 763 (Fla. 5th DCA 1989).

— 832.05(3)(b) — 1 case

Rigaud v. State, 404 So. 2d 791 (Fla. 3d DCA 1981).

— 832.05(4) — 20 cases

Lawton v. State, 492 So. 2d 404 (Fla. 1st DCA 1986). “Lawton pled guilty to obtaining property in return for a worthless check in contravention of Section 832.05(4), Florida Statutes. He was found insolvent and a public defender was appointed to represent him.”

Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992). “[Page A-61] *1239 WORTHLESS CHECK OBTAINING PROPERTY (Amended) F.S. 832.05(4) Note to This statute applies to a variety of orders to pay money Judge and "commercial paper," and a variety of types of drawees and transactions.”

Bell v. State, 585 So. 2d 1125 (Fla. 2d DCA 1991).

Brewster v. McNeil, 720 F. Supp. 2d 1369 (S.D. Fla. 2009).

— 832.05(4)(a) — 10 cases

Petras v. State, 486 So. 2d 44 (Fla. 5th DCA 1986).

Ingram v. State, 393 So. 2d 1187 (Fla. 3d DCA 1981). “It seems clear beyond dispute that the jury here was completely misled as to what the defendant was charged with and had no knowledge whatever as to a material element of the crime which made these offenses felonies as opposed to misdemeanors [compare § 832.”

Bragenzer v. State, 582 So. 2d 142 (Fla. 5th DCA 1991).

Frederickson v. State, 585 So. 2d 506 (Fla. 1st DCA 1991).

— 832.05(4)(c) — 3 cases

McCarthy v. State, 214 So. 3d 790 (Fla. 2d DCA 2017).

Perrin v. State, 599 So. 2d 1365 (Fla. 1st DCA 1992).

Harrell v. McMillan, 614 So. 2d 1185 (Fla. 1st DCA 1993).

— 832.05(5) — 2 cases

Shargaa v. State, 84 So. 2d 42 (Fla. 1955). “Section 832.05(2), Florida Statutes, F.S.”

Ennis v. State, 95 So. 2d 20 (Fla. 1957). “Appellant contends that Section 832.05 Florida Statutes of 1955, F.”

— 832.05(6) — 8 cases

Fitzgerald v. State, 339 So. 2d 209 (Fla. 1976).

State v. Bower, 341 So. 2d 216 (Fla. 2d DCA 1976).

Penrod v. Cochran, 123 So. 2d 334 (Fla. 1960).

State Ex Rel. Shargaa v. Culver, 113 So. 2d 383 (Fla. 1959).

— 832.05(7) — 1 case

Miranda v. State, 773 So. 2d 1195 (Fla. 2d DCA 2000).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.