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Florida Criminal Offense

Worthless Checks

Giving a check, draft, debit-card order, or similar order while knowing there are insufficient funds or credit, under the statutory circumstances.

VariesVaries

Florida Statute

§ 832.05

Giving worthless checks, drafts, and debit card orders

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Quick Summary

Confirm knowledge at the time, the amount, whether value was received, and statutory exclusions such as a postdated check or payee knowledge.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Worthless Check — Under $150

F.S. § 832.05(2)(b)

MisdemeanorFirst Degree

Covered payment order for less than $150, unless a different statutory track applies.

Worthless Check — $150 or More With Value Received

F.S. § 832.05(2)(b)

FelonyThird Degree

Covered payment order of $150 or more where the payee or subsequent holder receives something of value.

Cashing or Depositing Item With Intent to Defraud

F.S. § 832.05(3)

FelonyThird Degree

Cashing or depositing an item by act or common scheme with intent to defraud.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

  1. Element 1
    AND — Required

    The State must prove all of the following

    The defendant drew, made, uttered, issued, or delivered a covered order for payment, or used a debit card, knowing at that time there were insufficient funds or credit to pay it on presentation.

    Plain language: The defendant knowingly issued or used a payment order without enough funds or credit.

  2. Element 2
    AND — Required

    The State must prove all of the following

    The statutory exclusions do not apply, including payee knowledge or notice of insufficient funds and postdated checks.

    Plain language: Confirm the statute does not exclude the item from this charge.

Jury Instructions

Instruction 17.3

Worthless Check

Covers the payment-order track under F.S. § 832.05(2).

View Official Instruction

Verified against the official instruction source: September 13, 2026

Instruction 17.4

Worthless Check — Obtaining Property

Covers obtaining property or services under F.S. § 832.05(4).

View Official Instruction

Verified against the official instruction source: September 13, 2026

Additional Notes

Important

A postdated check, or a check where the payee knew or had notice/reason to believe funds were insufficient before it was drawn or uttered, is excluded from § 832.05(2)(a).