Worthless Checks
Giving a check, draft, debit-card order, or similar order while knowing there are insufficient funds or credit, under the statutory circumstances.
Florida Statute
§ 832.05
Giving worthless checks, drafts, and debit card orders
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)
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)
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)
Cashing or depositing an item by act or common scheme with intent to defraud.
Elements of the Offense
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.
- Element 1AND — 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.
- Element 2AND — 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
Jury Instructions
Instruction 17.3
Worthless Check
Covers the payment-order track under F.S. § 832.05(2).
View Official InstructionVerified 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 InstructionVerified against the official instruction source: September 13, 2026
Additional Notes
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).