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Florida Statute 832.05 | Lawyer Caselaw & Research
F.S. 832.05 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 832
VIOLATIONS INVOLVING CHECKS AND DRAFTS
View Entire Chapter
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 from cite.case.law:

SECONG, v. STATE, 225 So. 3d 909 (Fla. Dist. Ct. App. 2017)

. . . August 20, 2015, Secong pled guilty to five counts of uttering worthless checks in violation of section 832.05 . . .

GOMEZ, v. STATE, 220 So. 3d 495 (Fla. Dist. Ct. App. 2017)

. . . merchandise by means of a worthless check ($150 or more), third degree felonies, in violation of section 832.05 . . . tires by means of a worthless check ($150 or more), third degree felonies, in violation of section 832.05 . . . Counts 3-6: uttering a worthless check ($150 or more), third degree felonies, in violation of section 832.05 . . . Count 3: uttering a worthless check ($150 or more), a third degree felony, in violation of section 832.05 . . . -5: uttering a worthless check/issue ($150 or more), third degree felonies, in violation of section 832.05 . . .

MCCARTHY, v. STATE, 214 So. 3d 790 (Fla. Dist. Ct. App. 2017)

. . . pleaded to one count of obtaining property in return for a worthless check, in violation of section 832.05 . . .

DUNCAN, v. STATE, 135 So. 3d 361 (Fla. Dist. Ct. App. 2014)

. . . 4008, the evidence supported a conviction for only a misdemeanor worthless check charge under section 832.05 . . . found Duncan guilty of obtaining property or services in return for a worthless check under section 832.05 . . . tendered for payment of a pre-existing debt will sustain only the lesser misdemeanor proscribed by section 832.05 . . . Similarly, in Strickland, the court found that a felony conviction could not be sustained under section 832.05 . . .

LEVITAN, v. STATE, 100 So. 3d 776 (Fla. Dist. Ct. App. 2012)

. . . Florida’s worthless check statute, section 832.05, Florida Statutes, was enacted to provide criminal . . . evil” of knowingly passing checks and other instruments that wreak “mischief to trade and commerce.” § 832.05 . . . Section 812.04 and section 832.05 work hand-in-glove; nothing precludes their use in conjunction against . . .

BREWSTER, v. McNEIL,, 720 F. Supp. 2d 1369 (S.D. Fla. 2009)

. . . . § 832.05, Fla. Stat. Indeed, § 832.05(4) deals with precisely the conduct at issue here. . . . find that § 655.0322(6) is merely an alternative statute to criminalize the same acts covered by § 832.05 . . . intended the same conduct to constitute either a first degree misdemeanor or third degree felony under § 832.05 . . .

BREWSTER, v. UNITED STATES, 559 F. Supp. 2d 1311 (S.D. Fla. 2008)

. . . . § 832.05, Fla. Stat. Indeed, § 832.05(4) deals with precisely the conduct at issue here. . . . find that § 655.0322(6) is merely an alternative statute to criminalize the same acts covered by § 832.05 . . . intended the same conduct to constitute either a first degree misdemeanor or third degree felony under § 832.05 . . .

UNITED STATES v. KELLY,, 510 F.3d 433 (4th Cir. 2007)

. . . . § 832.05(2)(a) (emphasis added). . . .

STATE v. SCOTT,, 879 So. 2d 99 (Fla. Dist. Ct. App. 2004)

. . . third-degree felony charge of obtaining property in return for a worthless check in violation of section 832.05 . . .

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, v. P. CRITCHFIELD,, 842 So. 2d 782 (Fla. 2003)

. . . authority of the state attorney to prosecute any person for any violation of s. 832.04, s. 832.041, s. 832.05 . . .

HOMEWAY FURNITURE COMPANY OF MOUNT AIRY, INC. a v. J. HORNE,, 822 So. 2d 533 (Fla. Dist. Ct. App. 2002)

. . . See, e.g., § 832.05, Fla. Stat. (2001); N.C. Gen. Stat. § 14-107 (2001); State v. . . .

SAWYER, v. STATE, 819 So. 2d 966 (Fla. Dist. Ct. App. 2002)

. . . .— (1) Any person who is being prosecuted for passing a worthless check in violation of s. 832.05, who . . .

WELLS, v. STATE, 807 So. 2d 132 (Fla. Dist. Ct. App. 2002)

. . . William Wells appeals his conviction on two counts of giving worthless checks in violation of subsection 832.05 . . . The jury was given the standard instruction for subsection 832.05(2). . . . to the travel agency that there were not sufficient funds with which to pay them on presentation. § 832.05 . . . person, firm, or corporation which issues or delivers an insufficient funds check, knowing it be such. § 832.05 . . .

ALVAREZ, v. ALVAREZ,, 800 So. 2d 280 (Fla. Dist. Ct. App. 2001)

. . . Unlike the civil worthless check statute, the criminal worthless check statute, section 832.05(2)(a), . . .

A. MORIN, v. STATE, 790 So. 2d 588 (Fla. Dist. Ct. App. 2001)

. . . Section 832.05(4), Florida Statutes (1999). . . . .

Ed MIRANDA, v. STATE, 773 So. 2d 1195 (Fla. Dist. Ct. App. 2000)

. . . judgment and sentence for obtaining property in return for a worthless check in violation of section 832.05 . . . Miranda argues that the State did not prove a violation of section 832.05(4) because (1) the State did . . . Berry, 358 So.2d 545, 546 (Fla.1978) (construing section 832.05(3), Florida Statutes (1975), which is . . . renumbered as section 832.05(4)(a), Florida Statutes (1997)). . . . Because this issue requires reversal, we do not reach Miranda’s argument that section 832.05(4) does . . .

DeGESO, v. STATE, 771 So. 2d 1264 (Fla. Dist. Ct. App. 2000)

. . . violation of section 893.135, Florida Statutes (1995); passing a worthless check in violation of section 832.05 . . .

GRAHAM, v. STATE, 779 So. 2d 370 (Fla. Dist. Ct. App. 2000)

. . . . § 832.05(4), Fla. Stat. (1997). . . .

PARROT HEADS, INC. d b a v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 741 So. 2d 1231 (Fla. Dist. Ct. App. 1999)

. . . without having credit with such bank with which to pay the same upon presentation, contrary to Section 832.05 . . . twenty day license suspension, exceeds the agency’s guidelines for the single violation of section 832.05 . . . Sunset was charged with a single violation of section 832.05, Florida Statutes, entitled “Giving worthless . . . The guidelines provide that for a violation of section 832.05, Florida Statutes (worthless check) the . . . Sunset’s agent did not admit to a prior violation of section 832.05(2)(a), Florida Statutes. . . .

C. HOUSE, v. STATE, 696 So. 2d 515 (Fla. Dist. Ct. App. 1997)

. . . contendere to the charge of issuing a worthless check in the amount of $160, in violation of section 832.05 . . .

G. KEHLE v. G. MODANSKY,, 696 So. 2d 493 (Fla. Dist. Ct. App. 1997)

. . . Compare § 832.05, Fla. Stat. (1995)(eriminal action), with § 68.065, Fla. . . .

STATE v. R. GONZALEZ,, 685 So. 2d 934 (Fla. Dist. Ct. App. 1996)

. . . ), and three counts of cashing or depositing an item with intent to defraud in violation of section 832.05 . . .

A. NECE, v. STATE, 683 So. 2d 622 (Fla. Dist. Ct. App. 1996)

. . . obtaining services and property in return for a worthless check, a third-degree felony under section 832.05 . . . On remand, the trial court shall enter a misdemeanor conviction under section 832.05(2) and resentence . . .

STATE v. A. SCHERER,, 644 So. 2d 151 (Fla. Dist. Ct. App. 1994)

. . . the appellee Craig Scherer with obtaining property by felony worthless check, a violation of section 832.05 . . . We therefore hold that the insurance policy is a thing of value as contemplated in section 832.05(4)( . . .

HABIE, v. E. KRISCHER, C., 642 So. 2d 138 (Fla. Dist. Ct. App. 1994)

. . . Further, § 832.05 makes it unlawful to issue checks when the maker knows that he has insufficient funds . . . The Dirk court stated that § 832.05 was neither vague nor ambiguous because it conveyed a sufficient . . .

In B. LOVE, d b a, 163 B.R. 164 (Bankr. D. Mont. 1993)

. . . According to the fee application, there are assets totalling $577,-832.05 and claims against the estate . . .

STATE v. POMPER,, 620 So. 2d 1098 (Fla. Dist. Ct. App. 1993)

. . . Count II alleged a violation of Section 832.05(4) by the passing of a check # 253 in the amount of $625 . . . Count V alleged a violation of Section 832.05(4) by passing check # 264 in the amount of $500. . . . Count I alleged a violation of section 832.05(4) by passing check # 266 in the amount of $1,425 on April . . . See § 832.05(4), Fla.Stat. (1991). . . .

POSNER, v. STATE, 619 So. 2d 461 (Fla. Dist. Ct. App. 1993)

. . . Posner appeals her conviction of obtaining property in return for a worthless check, contrary to section 832.05 . . . make no determination as to whether appellant may be guilty of the misdemean- or of violating section 832.05 . . .

HARRELL, v. McMILLAN,, 614 So. 2d 1185 (Fla. Dist. Ct. App. 1993)

. . . property by worthless check in an amount in excess of $150, a third degree felony pursuant to section 832.05 . . .

CHILDREN S PALACE, INC. d b a s v. JOHNSON, 609 So. 2d 755 (Fla. Dist. Ct. App. 1992)

. . . Johnson was convicted under section 832.05(2)(a), Florida Statutes, which provides that [i]t is unlawful . . .

WILLIAMS, v. STATE, 604 So. 2d 10 (Fla. Dist. Ct. App. 1992)

. . . was charged with one count of obtaining property in return for a worthless check, contrary to section 832.05 . . . Section 832.05(4)(a), Florida Statutes (1991) expressly provides that no crime may be charged with respect . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . [Page A-61] WORTHLESS CHECK — OBTAINING PROPERTY (Amended) F.S. 832.05(4) Note to Judge This statute . . . The underlined sentence is based on a 1988 amendment to F.S. 832.05(4)(a). . . .

PERRIN, v. STATE, 599 So. 2d 1365 (Fla. Dist. Ct. App. 1992)

. . . services in return for the two worthless checks made payable to the hotel, in violation of sections 832.05 . . . Counts three and four, charging the worthless check offenses under section 832.05, are identified as . . . degree misdemeanors, and the “offense statute number(s)” for those counts is identified as section 832.05 . . . (2)(b) rather than section 832.05(4)(c). . . .

FREDERICKSON, v. STATE, 585 So. 2d 506 (Fla. Dist. Ct. App. 1991)

. . . for violating the terms of her probation for fourteen separate worthless check charges under Section 832.05 . . .

BELL, v. STATE, 585 So. 2d 1125 (Fla. Dist. Ct. App. 1991)

. . . respect to the worthless check charge, we are assuming that the prosecution was brought pursuant to § 832.05 . . .

BRAGENZER, v. STATE, 582 So. 2d 142 (Fla. Dist. Ct. App. 1991)

. . . 1984 defendant was charged with uttering a worthless check on May 25, 1983, in violation of section 832.05 . . .

CORNELL, v. JEROME, d b a, 573 So. 2d 171 (Fla. Dist. Ct. App. 1991)

. . . Touris-mart’s claim against Gonzalez, an employee of Gateway Travel & Tourism, Inc., under section 832.05 . . .

WICHAEL, v. STATE, 567 So. 2d 549 (Fla. Dist. Ct. App. 1990)

. . . . § 832.05(4), Fla.Stat. (1987). . Lambert v. State, 545 So.2d 838 (Fla.1989). . . .

L. CRAVER, v. STATE, 561 So. 2d 1251 (Fla. Dist. Ct. App. 1990)

. . . 1985), and nine counts of obtaining property in return for worthless checks, in violation of section 832.05 . . . the appellant received anything of value or that the appellant was the person who passed the check. § 832.05 . . .

STRICKLAND, v. STATE, 559 So. 2d 1288 (Fla. Dist. Ct. App. 1990)

. . . tendered for payment of a pre-existing debt will sustain only the lesser misdemeanor proscribed by section 832.05 . . . and sentence with directions to correct the written documents to indicate a conviction under section 832.05 . . . RYDER, A.C.J., and DANAHY and PARKER, JJ., concur. § 832.05(4), Fla.Stat.(1987). . . .

In FORFEITURE OF DATSUN AUTOMOBILE, VIN MARRERO, v. CITY OF PINELLAS PARK, a PINELLAS PARK POLICE DEPARTMENT,, 563 So. 2d 708 (Fla. Dist. Ct. App. 1990)

. . . . § 832.05, Fla.Stat. (1985). . § 812.014, Fla.Stat. (1985). .§ 790.01, Fla.Stat. (1985). . . .

In M. WAGENTI, DESIGNED FLOORING DISTRIBUTORS, INC. v. M. WAGENTI,, 110 B.R. 602 (Bankr. S.D. Fla. 1990)

. . . The debtor cites Florida Statute, § 832.05, and contends that this statute prohibits the payee or holder . . . Fla.Stat.Ann. § 832.05 (West 1989). . . . First, the debtor’s reliance on the language of Florida Statute, § 832.05, is erroneous. . . .

HEDGLIN, v. STATE, 541 So. 2d 763 (Fla. Dist. Ct. App. 1989)

. . . Hedglin was then charged with violating § 832.05(3)(a), Florida Statutes (1987). . . . The sole question on appeal is the construction of § 832.05(3)(a), Florida Statutes (1987), which provides . . .

THOMSON McKINNON SECURITIES, INC. v. LIGHT, BIONIC INSTRUMENTS OF DELAWARE, INC. a v. THOMSON McKINNON SECURITIES, INC., 534 So. 2d 757 (Fla. Dist. Ct. App. 1988)

. . . .” § 832.05, Fla.Stat. (1985). . . .

STATE v. KRAVIT,, 509 So. 2d 961 (Fla. Dist. Ct. App. 1987)

. . . The trial court granted the motion to dismiss on the authority of section 832.05(4)(a), Florida Statutes . . . I think this express representation is enough to remove the case from the provisions of section 832.05 . . .

SECONHOUSE v. STATE OF FLORIDA, 23 Fla. Supp. 2d 165 (Fla. Cir. Ct. 1987)

. . . charged by information of issuing a worthless check, a second degree misdemeanor, in violation of § 832.05 . . .

THE FLORIDA BAR RE STANDARD JURY INSTRUCTIONS- CRIMINAL, 508 So. 2d 1221 (Fla. 1987)

. . . except when uttering is charged; 832.04 if farm or grove product 832.041 under $50 Worthless check — 832.05 . . . (2) (second degree misdemeanor) Worthless checks— 832.05(2) None Attempt, except when uttering is charged . . .

TOURISMART OF AMERICA, INC. v. GONZALEZ,, 498 So. 2d 469 (Fla. Dist. Ct. App. 1986)

. . . Tourismart seeks to hold Gonzalez individually liable for conversion and for violation of section 832.05 . . . Gonzalez contends that Touris-mart cannot maintain a civil action under section 832.05. We agree. . . . claim for treble damages is made in the complaint based upon Gonzalez’ alleged violation of section 832.05 . . . Section 832.05 makes the issuing of worthless checks subject to criminal penalties but makes no provision . . .

STATE v. BRICK,, 490 So. 2d 1330 (Fla. Dist. Ct. App. 1986)

. . . Under Section 832.05(3), Florida Statutes (1973), where the payee of a check, draft, or other order " . . .

LAWTON, v. STATE P. MONTGOMERY, v. STATE, 492 So. 2d 404 (Fla. Dist. Ct. App. 1986)

. . . Lawton pled guilty to obtaining property in return for a worthless check in contravention of Section 832.05 . . .

E. BRUTON, v. STATE, 489 So. 2d 1195 (Fla. Dist. Ct. App. 1986)

. . . informations with four counts of obtaining property in return for a worthless check, in violation of section 832.05 . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . 812.081, 817.035, 817.235, 817.39, 817.49, 817.563, 827.04(2)(3), 827.05, 828.122, 831.31(l)(b), 832.041, 832.05 . . .

PETRAS, v. STATE, 486 So. 2d 44 (Fla. Dist. Ct. App. 1986)

. . . . § 832.05(4)(a), Fla.Stat. (1983). . Fla.R.Crim.P. 3.701. . Bordeaux v. . . .

MIAMI HERALD PUBLISHING COMPANY, a DIVISION OF KNIGHTRIDDER NEWSPAPERS, INC. a v. A. FERRE, a, 636 F. Supp. 970 (S.D. Fla. 1985)

. . . reasoned that there was no private right of action implied under the criminal bad check provisions of § 832.05 . . .

STATE OF FLORIDA v. McGETTINGAN, 11 Fla. Supp. 2d 104 (Fla. Cir. Ct. 1985)

. . . information, dated August 3, 1984, with one count of “issuing a worthless check,” in violation of Section 832.05 . . .

PARSONS, v. STATE, 470 So. 2d 834 (Fla. Dist. Ct. App. 1985)

. . . by information with having obtained property in return for a worthless check in violation of section 832.05 . . .

HOLDER, v. STATE, 470 So. 2d 88 (Fla. Dist. Ct. App. 1985)

. . . Section 832.05, Florida Statutes (1983), which prohibits the issuance of worthless checks, designates . . .

P. v., 84 T.C. 1244 (T.C. 1985)

. . . 22.05 15.21 410.67 19.93 0.54 5/ 1/82-5/15/82 903.00 591.41 16,677.76 774.75 20.94 5/11/82-5/25/82 832.05 . . .

MAGED, v. STATE, 455 So. 2d 1153 (Fla. Dist. Ct. App. 1984)

. . . pled guilty to three counts of violation of the statutory offense of fraudulent deposit of item (§ 832.05 . . .

JOHNSON, v. STATE, 444 So. 2d 563 (Fla. Dist. Ct. App. 1984)

. . . conviction after jury trial of depositing a worthless check with intent to defraud in violation of section 832.05 . . . Contrary to appellant’s contention, we hold that the phrase “to cash or deposit” as used in section 832.05 . . .

FORD, v. STATE, 433 So. 2d 1335 (Fla. Dist. Ct. App. 1983)

. . . obtaining property valued at one hundred dollars by means of a worthless check, in violation of section 832.05 . . .

ROGER RANKIN ENTERPRISES, INC. d b a v. F. GREEN,, 433 So. 2d 1248 (Fla. Dist. Ct. App. 1983)

. . . The only way which one can conclude that the language of Section 832.05 creates a private civil cause . . . A reading of Section 832.05 convinces me that the Legislature did not intend to confer on a payee a private . . . Accordingly, I would hold that the payee of a worthless check does not have a civil remedy under Section 832.05 . . . the ground that the payee of a worthless corporate check has an implied civil remedy under section 832.05 . . .

THE FLORIDA BAR, v. A. DRIZIN,, 420 So. 2d 878 (Fla. 1982)

. . . I specifically find that Respondent by his actions violated Section 832.05(4)(a), Florida Statutes (1979 . . . I specifically find that Respondent by his actions violated Section 832.05(2)(a), Florida Statutes (1979 . . . I specifically find that Respondent by his actions violated Section 832.05(2)(a), Florida Statutes (1979 . . .

In JOHNSON, v. LINDSEY, E., 16 B.R. 211 (Bankr. M.D. Fla. 1981)

. . . . § 832.05. . . .

RIGAUD, v. STATE, 404 So. 2d 791 (Fla. Dist. Ct. App. 1981)

. . . sentence for the offenses of: (1) obtaining property in return for a worthless check contrary to Section 832.05 . . . the same reason, the defendant could not be convicted of the lesser included offense under Section 832.05 . . .

THE FLORIDA BAR. In FERGUSON, 404 So. 2d 746 (Fla. 1981)

. . . Edward Ferguson, Jr., obtained property in return for a worthless check contrary to Florida Statute § 832.05 . . .

DRAPER, v. STATE, 403 So. 2d 615 (Fla. Dist. Ct. App. 1981)

. . . . § 832.05, Fla.Stat. (1979). . . . .

v., 452 U.S. 920 (U.S. 1981)

. . . . §§817.52, 832.05; and §§ 775.082 (3) (d), 775.083 (1)(e) (1979). . . .

INGRAM, v. STATE, 393 So. 2d 1187 (Fla. Dist. Ct. App. 1981)

. . . sentence based on two counts of obtaining property in return for a worthless check in excess of $50, [§ 832.05 . . . the obtaining through a worthless check of “any services, goods, wares, or other things of value.” [§ 832.05 . . . material element of the crime which made these offenses felonies as opposed to misdemeanors [compare § 832.05 . . .

PASKIND, d b a J. J. v. STATE E. J. SALCINES,, 390 So. 2d 1198 (Fla. Dist. Ct. App. 1980)

. . . 849.09 and 849.093, Florida Statutes (1979), and were therefore maintaining a nuisance under section 832.05 . . .

M. VILLERY, v. FLORIDA PAROLE AND PROBATION COMMISSION,, 396 So. 2d 1107 (Fla. 1980)

. . . five counts of knowingly issuing worthless checks in excess of fifty dollars in violation of section 832.05 . . .

J. BANDERAS, v. STATE, 372 So. 2d 489 (Fla. Dist. Ct. App. 1979)

. . . Appellant was charged by an information with the felony of uttering a worthless check under Section 832.05 . . . to dismiss on the ground that the check was postdated and, therefore, outside the scope of Section 832.05 . . . sufficient funds to insure payment as aforesaid, nor shall this section apply to any postdated check.” § 832.05 . . . The court reasoned that the check was “postdated” as that term is used in Section 832.05(2)(a). . . .

ROBERTS, v. STATE, 370 So. 2d 800 (Fla. Dist. Ct. App. 1979)

. . . Charles Roberts appeals his conviction of the crime of issuing a worthless check contravening Section 832.05 . . .

C. McFARLAND, v. STATE, 368 So. 2d 948 (Fla. Dist. Ct. App. 1979)

. . . Here, the State did not charge under § 832.05 nor could they seek the aid of the evidentiary aspects . . . It would seem that the more appropriate charge might have been under § 832.05(3) relating to obtaining . . .

THE FLORIDA BAR, v. L. DAVIS,, 361 So. 2d 159 (Fla. 1978)

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

K. KRAVETS, v. STATE, 360 So. 2d 486 (Fla. Dist. Ct. App. 1978)

. . . appellant pleaded nolo contendere to obtaining property by worthless check in violation of Section 832.05 . . . First, Section 832.05(4), Florida Statutes (1975), specifically provides that payment of a dishonored . . .

STATE v. BERRY,, 358 So. 2d 545 (Fla. 1978)

. . . interest: Is the Florida Standard Jury Instruction entitled “Worthless Check — Obtaining Property F.S. 832.05 . . . In a prosecution for violation of Section 832.05(3), Florida Statutes (1975), where the trial court has . . . The criminal offense of obtaining property in return for a worthless check, described in Section 832.05 . . . “Worthless Check — Obtaining Property,” F.S. 832.05(3), Standard Jury Instructions in Criminal Cases, . . .

JONES, v. STATE, 356 So. 2d 837 (Fla. Dist. Ct. App. 1978)

. . . unlawfully obtaining property by means of a worthless check he knew to be worthless, contrary to Section 832.05 . . . requested instruction that intent to defraud is an essential element of the crime proscribed by Section 832.05 . . . issue, and held that intent to defraud is not an essential element of the offense proscribed by Section 832.05 . . .

W. ADAMS, Jr. v. STATE, 356 So. 2d 346 (Fla. Dist. Ct. App. 1978)

. . . unlawfully obtaining property by means of a worthless check he knew to be worthless, contrary to Section 832.05 . . . We hold that intent to defraud is not an essential element of the offense proscribed by Section 832.05 . . . Avery, 111 Kan. 588, 207 P. 838 (1922) under comparable statutes, that a conviction under Section 832.05 . . . Ennis was concerned only with the constitutionality of Section 832.05, Florida Statutes (1955), which . . .

BERRY, v. STATE, 345 So. 2d 828 (Fla. Dist. Ct. App. 1977)

. . . Appellant was convicted of violation of Section 832.05(3), Florida Statutes (1975). . . . Standard Jury Instructions In Criminal Cases, using the appropriate instruction for violation of Section 832.05 . . . Is the Florida Standard Jury Instruction entitled “Worthless Check — Obtaining Property F.S. 832.05(3 . . . In a prosecution for violation of Section 832.05(3), Florida Statutes (1975), where the trial court has . . . accordance with the Florida Standard Jury Instruction entitled “Worthless Check — Obtaining Property F.S. 832.05 . . .

FREIBERGER, v. STATE, 343 So. 2d 57 (Fla. Dist. Ct. App. 1977)

. . . See Section 832.05(2)(a), Florida Statutes (1975). . . .

STATE v. B. BOWER,, 341 So. 2d 216 (Fla. Dist. Ct. App. 1976)

. . . one-count information with obtaining property in return for a worthless check in violation of Section 832.05 . . . deposit in or credit with said bank with which to pay the same upon presentation; contrary to Chapter 832.05 . . . [Section 832.05(2)(a)] The information sufficiently apprises appel-lee of the offense with which she . . . [Section 832.05(6), Florida Statutes]. . . .

FITZGERALD, v. STATE, 339 So. 2d 209 (Fla. 1976)

. . . State, 305 So.2d 187 (Fla.1974), in which the Court upheld a statutory presumption contained in Section 832.05 . . . and we find that they do not vitiate our prior decisions upholding the constitutionality of Section 832.05 . . .

J. BAILER, v. STATE, 337 So. 2d 415 (Fla. Dist. Ct. App. 1976)

. . . Appellant’s conviction of Obtaining Property in Return for Worthless Check, in violation of Section 832.05 . . .

O MASTA, v. STATE, 336 So. 2d 686 (Fla. Dist. Ct. App. 1976)

. . . thereby denoting the issuance of a post-dated check the uttering of which is not a crime under sec. 832.05 . . .

ISOM, v. STATE, 335 So. 2d 1 (Fla. 1976)

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

PRINCE, v. STATE, 333 So. 2d 63 (Fla. Dist. Ct. App. 1976)

. . . three counts, each count charging her with uttering a separate worthless check in violation of Section 832.05 . . . the doctrine that “intent to defraud” is an indispensable element in proof of a violation of Section 832.05 . . .

L. HERDMAN, v. STATE, 328 So. 2d 459 (Fla. Dist. Ct. App. 1976)

. . . . § 832.05(3) (1973). . . .

STEPHENS, v. STATE, 324 So. 2d 190 (Fla. Dist. Ct. App. 1975)

. . . said check or draft is attached hereto and made a part hereof as Exhibit No. 1, contrary to Section 832.05 . . . pay the same on presentation, a copy of said check or draft is attached hereto contrary to Section 832.05 . . . As noted in the amended information, appellant was charged with violations of F.S. § 832.05 which provides . . .

J. RODGERS F. v. W. T. GRANT COMPANY, a, 326 So. 2d 57 (Fla. Dist. Ct. App. 1975)

. . . See Sec. 832.05(2), F.S. 1973. . . .

DIRK, STATE, 305 So. 2d 187 (Fla. 1974)

. . . review an order of the Circuit Court of Pinellas County upholding the constitutional validity of Section 832.05 . . . obtaining property in return for a worthless check negotiated on June 14, 1972, in violation of Section 832.05 . . . sole question presented by appellant for our determination is the constitutionality vel non of Section 832.05 . . . and we find that they do not vitiate our prior decisions upholding the constitutionality of Section 832.05 . . . Accordingly, we hold Section 832.05, Florida Statutes, to be constitutional and affirm the judgment of . . . Appellant was specifically charged with violating Section 832.05(3), F.S., but he attacks Chapter 832 . . . Appellant urges us to reconsider our prior decisions upholding Section 832.05 because the United States . . . since clarified the constitutionality of statutory criminal presumptions, such as provided by Section 832.05 . . . Upon review of the instant statute, it appears the essential elements of the crime under Section 832.05 . . . Yet subsection (6) would require a person charged with violating Section 832.05 to overcome precisely . . .

T. WELDON, v. STATE, 287 So. 2d 133 (Fla. Dist. Ct. App. 1973)

. . . . § 832.05(6), F.S. . . .

E. TAPPAN, v. STATE, 277 So. 2d 310 (Fla. Dist. Ct. App. 1973)

. . . obtaining property, to-wit: money, in return for a worthless check, as proscribed by, F.S., Section 832.05 . . . Section 832.05(3) Obtaining property in return for worthless cheeJcs, eto.; penalty. . . .

RAPP, v. STATE, 274 So. 2d 18 (Fla. Dist. Ct. App. 1973)

. . . . § 832.05(3) (a) (1971), F.S.A. . . .

SCHAEFER, v. STATE, 264 So. 2d 121 (Fla. Dist. Ct. App. 1972)

. . . Section 832.05(3), F.S.A. . . .

STATE v. RHODEN, 36 Fla. Supp. 194 (Brevard Cty. Ct. 1972)

. . . are murder (§782.04) and arson (§§806.01-806.04) and perhaps larceny (§811.021) and worthless check (§832.05 . . .

SHERMAN, v. STATE, 255 So. 2d 263 (Fla. 1971)

. . . . § 832.05(3) (a), F.S.A. . . . Fla.Stat. § 832.05, F.S.A., should be construed and applied, so as to fairly and liberally accomplish . . .

UNITED STATES v. FRAZIER,, 444 F.2d 235 (5th Cir. 1971)

. . . indictment charging violations of Title 18, U.S.C., Section 7, Title 18, U.S.C., Section 13 and Section 832.05 . . . Section 832.-05(2), under which Frazier was charged, reads: Ch. 8321 WORTHLESS CHECKS AND DRAFTS § 832.05 . . . made it clear that “intent to defraud” is an indispensable element in proving violation of Section 832.05 . . . holding of Ennis is that if “intent to defraud” is not a necessary element of the statutory offense, 832.05 . . . Subsection (1) of Section 832.05 states the legislative purpose of the Florida Legislature in adopting . . .

LAYTNER, v. STATE, 239 So. 2d 857 (Fla. Dist. Ct. App. 1970)

. . . appellant was charged in the trial court with the issuance of a worthless check, in violation of § 832.05 . . . merits, the appellant contends that her conviction is not supported by evidence of a violation of § 832.05 . . . been convicted of giving a worthless check for a preexisting debt, contrary to the provisions of § 832.05 . . . purpose of discharging a pre-existing debt and, therefore, the conviction for an alleged violation of § 832.05 . . . this extent, the judgment of conviction is hereby amended to show a conviction of a violation of § 832.05 . . .

L. GILL, v. STATE, 235 So. 2d 751 (Fla. Dist. Ct. App. 1970)

. . . possession of the automobiles so as to have “obtained” them in the manner proscribed by Fla.Stat., 1967, § 832.05 . . . Fla.Stat., 1967, § 832.05(3), F.S.A.: “(3) Obtaining Property in Return for Worthless Checks, etc; Penalty . . . Fla.Stat., 1967, § 832.05(2), F.S.A. . . .