The 2024 Florida Statutes
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. . . August 20, 2015, Secong pled guilty to five counts of uttering worthless checks in violation of section 832.05 . . .
. . . 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 . . .
. . . pleaded to one count of obtaining property in return for a worthless check, in violation of section 832.05 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . . § 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 . . .
. . . . § 832.05(2)(a) (emphasis added). . . .
. . . third-degree felony charge of obtaining property in return for a worthless check in violation of section 832.05 . . .
. . . authority of the state attorney to prosecute any person for any violation of s. 832.04, s. 832.041, s. 832.05 . . .
. . . See, e.g., § 832.05, Fla. Stat. (2001); N.C. Gen. Stat. § 14-107 (2001); State v. . . .
. . . .— (1) Any person who is being prosecuted for passing a worthless check in violation of s. 832.05, who . . .
. . . 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 . . .
. . . Unlike the civil worthless check statute, the criminal worthless check statute, section 832.05(2)(a), . . .
. . . Section 832.05(4), Florida Statutes (1999). . . . .
. . . 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 . . .
. . . violation of section 893.135, Florida Statutes (1995); passing a worthless check in violation of section 832.05 . . .
. . . . § 832.05(4), Fla. Stat. (1997). . . .
. . . 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. . . .
. . . contendere to the charge of issuing a worthless check in the amount of $160, in violation of section 832.05 . . .
. . . Compare § 832.05, Fla. Stat. (1995)(eriminal action), with § 68.065, Fla. . . .
. . . ), and three counts of cashing or depositing an item with intent to defraud in violation of section 832.05 . . .
. . . 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 . . .
. . . 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)( . . .
. . . 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 . . .
. . . According to the fee application, there are assets totalling $577,-832.05 and claims against the estate . . .
. . . 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 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 . . .
. . . property by worthless check in an amount in excess of $150, a third degree felony pursuant to section 832.05 . . .
. . . Johnson was convicted under section 832.05(2)(a), Florida Statutes, which provides that [i]t is unlawful . . .
. . . 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 . . .
. . . [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). . . .
. . . 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). . . .
. . . for violating the terms of her probation for fourteen separate worthless check charges under Section 832.05 . . .
. . . respect to the worthless check charge, we are assuming that the prosecution was brought pursuant to § 832.05 . . .
. . . 1984 defendant was charged with uttering a worthless check on May 25, 1983, in violation of section 832.05 . . .
. . . Touris-mart’s claim against Gonzalez, an employee of Gateway Travel & Tourism, Inc., under section 832.05 . . .
. . . . § 832.05(4), Fla.Stat. (1987). . Lambert v. State, 545 So.2d 838 (Fla.1989). . . .
. . . 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 . . .
. . . 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). . . .
. . . . § 832.05, Fla.Stat. (1985). . § 812.014, Fla.Stat. (1985). .§ 790.01, Fla.Stat. (1985). . . .
. . . 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 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 . . .
. . . .” § 832.05, Fla.Stat. (1985). . . .
. . . 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 . . .
. . . charged by information of issuing a worthless check, a second degree misdemeanor, in violation of § 832.05 . . .
. . . 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 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 . . .
. . . Under Section 832.05(3), Florida Statutes (1973), where the payee of a check, draft, or other order " . . .
. . . Lawton pled guilty to obtaining property in return for a worthless check in contravention of Section 832.05 . . .
. . . informations with four counts of obtaining property in return for a worthless check, in violation of section 832.05 . . .
. . . 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 . . .
. . . . § 832.05(4)(a), Fla.Stat. (1983). . Fla.R.Crim.P. 3.701. . Bordeaux v. . . .
. . . reasoned that there was no private right of action implied under the criminal bad check provisions of § 832.05 . . .
. . . information, dated August 3, 1984, with one count of “issuing a worthless check,” in violation of Section 832.05 . . .
. . . by information with having obtained property in return for a worthless check in violation of section 832.05 . . .
. . . Section 832.05, Florida Statutes (1983), which prohibits the issuance of worthless checks, designates . . .
. . . 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 . . .
. . . pled guilty to three counts of violation of the statutory offense of fraudulent deposit of item (§ 832.05 . . .
. . . 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 . . .
. . . obtaining property valued at one hundred dollars by means of a worthless check, in violation of section 832.05 . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 832.05. . . .
. . . 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 . . .
. . . Edward Ferguson, Jr., obtained property in return for a worthless check contrary to Florida Statute § 832.05 . . .
. . . . § 832.05, Fla.Stat. (1979). . . . .
. . . . §§817.52, 832.05; and §§ 775.082 (3) (d), 775.083 (1)(e) (1979). . . .
. . . 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 . . .
. . . 849.09 and 849.093, Florida Statutes (1979), and were therefore maintaining a nuisance under section 832.05 . . .
. . . five counts of knowingly issuing worthless checks in excess of fifty dollars in violation of section 832.05 . . .
. . . 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). . . .
. . . Charles Roberts appeals his conviction of the crime of issuing a worthless check contravening Section 832.05 . . .
. . . 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 . . .
. . . Such conduct is proscribed under Section 832.05(2)(a), Florida Statutes (1975). . . .
. . . 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 . . .
. . . 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, . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . See Section 832.05(2)(a), Florida Statutes (1975). . . .
. . . 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]. . . .
. . . 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 . . .
. . . Appellant’s conviction of Obtaining Property in Return for Worthless Check, in violation of Section 832.05 . . .
. . . thereby denoting the issuance of a post-dated check the uttering of which is not a crime under sec. 832.05 . . .
. . . This case raises the constitutional validity of Section 832.05 (6), Florida Statutes (1975), the “bad . . .
. . . 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 . . .
. . . 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 . . .
. . . See Sec. 832.05(2), F.S. 1973. . . .
. . . 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 . . .
. . . 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. . . .
. . . . § 832.05(3) (a) (1971), F.S.A. . . .
. . . are murder (§782.04) and arson (§§806.01-806.04) and perhaps larceny (§811.021) and worthless check (§832.05 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .