Category: Criminal Offenses · Statute: F.S. 832.05 · Source: Florida Legislature
Understanding Check Fraud (Worthless Checks) in Florida
In Florida, passing a worthless check is a serious offense governed by Section 832.05 of the Florida Statutes. This charge arises when an individual draws, makes, utters, issues, or delivers a check, draft, or written order knowing at the time that there are insufficient funds in the associated bank account to cover the full amount. While many associate check fraud with intentional schemes, Florida law also captures situations where individuals write checks on closed accounts or stop payment with the intent to defraud. The severity of the charge scales directly with the monetary value of the check, transitioning from a first-degree misdemeanor for amounts under $150 to increasingly severe felony levels as the face value of the check climbs.
A critical element distinguishing Florida's worthless check law from other theft offenses is the statutory requirement for pre-prosecution notice. Before criminal charges can be officially filed, the payee must typically send a formal written demand for payment to the maker of the check, allowing them a statutory window of 15 days to make the check good, plus pay a prescribed service fee. This legal buffer exists to separate honest banking mistakes and administrative oversights from genuine criminal intent. If the writer fails to resolve the debt after receiving this notice, it creates a legal presumption of their intent to defraud, clearing the way for state prosecutors to initiate criminal proceedings.
Bail and Pretrial Release for Worthless Check Charges
When an individual is arrested for check fraud in Florida, bail amounts are heavily influenced by the total financial loss alleged and the defendant's prior history of financial crimes. For misdemeanor offenses under $150, defendants may be eligible for release on their own recognizance (ROR) or a standard low-dollar bond. However, for felony-level worthless checks, particularly those exceeding $20,000, judges often set higher cash or surety bonds to mitigate the perceived flight risk of defendants facing significant prison time. Additionally, Florida courts may impose pretrial release conditions that restrict the defendant from opening new bank accounts, possessing blank checks, or engaging in certain financial transactions while the case is pending.