Category: Criminal Offenses · Statute: F.S. 832.05 · Source: Florida Legislature
Understanding Worthless Check 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 a person draws, makes, utters, issues, or delivers any check, draft, or written order for the payment of money, knowing at the time that there are insufficient funds in the account to cover it. The law distinguishes between transactions where goods or services are received immediately and those where a check is written to pay an outstanding debt. For a crime to be committed, the recipient must generally accept the check without knowledge of the lack of funds, and the drawer must have intent to defraud, which the statute presumes if the bank refuses payment and the drawer fails to pay the amount due within a strict statutory notice period.
The severity of a worthless check charge in Florida depends entirely on the monetary value of the check. If the check is written for an amount under $150, the offense is classified as a first-degree misdemeanor, which carries a maximum penalty of one year in county jail and a $1,000 fine. However, if the check is for $150 or more, the charge escalates to a third-degree felony, punishable by up to five years in state prison and a $5,000 fine. Additionally, merchants and victims can seek civil damages in Florida courts, which can equal triple the value of the original check plus administrative fees.
Bail and Pretrial Release for Worthless Check Charges
When an individual is arrested for a worthless check in Florida, bail is typically set according to local county bond schedules, which vary depending on whether the charge is a misdemeanor or a felony. Because these are non-violent financial crimes, defendants without a significant criminal history are often eligible for a standard monetary bond or release on recognizance (ROR). However, judges may condition pretrial release on the defendant making immediate restitution or refraining from opening new checking accounts while the criminal case is pending.