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general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
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Orlando Florida Criminal Lawyer - Worthless Check Offenses:
Cases involving these offenses can have significant penalties. If you have been
arrested for a criminal offense involving worthless checks you should speak with
an experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some basic information regarding worthless check offenses:
Florida Statute 832.041 - Stopping payment with intent to defraud.
(1) Whoever, with intent to defraud any person shall, in person or by agent, make, draw, utter, deliver, or give any
check, draft, or written order for the payment of money upon any bank, person, or corporation and secure from such
person goods or services for or on account of such check, draft, or written order, whether such goods or services are
valued at the amount of such check, draft, or written order or at a greater or lesser value, and who shall, pursuant to
and in furtherance of such intent to defraud, stop payment on such check, draft, or written order, shall be deemed to
be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of
the goods or services secured for or on account of such check, draft, or written order is $150 or more; and if the value
of the goods or services secured for or on account of such check, draft, or written order is less than $150, he or she
shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) This section shall be taken to be cumulative and shall not be construed to repeal any other statute now in effect.
Florida Statute 832.05 - Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee;
evidence; costs; complaint form.
(1) PURPOSE.—The purpose of this section is to remedy the evil of giving checks, drafts, bills of exchange, debit
card orders, and other orders on banks without first providing funds in or credit with the depositories on which the
same are made or drawn to pay and satisfy the same, which tends to create the circulation of worthless checks,
drafts, bills of exchange, debit card orders, and other orders on banks, bad banking, check kiting, and a mischief to
trade and commerce.
(2) WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—
(a) It is unlawful for any person, firm, or corporation to draw, make, utter, issue, or deliver to another any check, draft,
or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent,
knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using
such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or
depository with which to pay the same on presentation; except that this section does not apply to any check when the
payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to
believe, that the drawer did not have on deposit or to the drawer’s credit with the drawee sufficient funds to ensure
payment as aforesaid, nor does this section apply to any postdated check.
(b) A violation of the provisions of this subsection constitutes a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083, unless the check, draft, debit card order, or other written order drawn, made,
uttered, issued, or delivered is in the amount of $150, or its equivalent, or more and the payee or a subsequent
holder thereof receives something of value therefor. In that event, the violation constitutes a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) CASHING OR DEPOSITING ITEM WITH INTENT TO DEFRAUD; PENALTY.—
(a) It is unlawful for any person, by act or common scheme, to cash or deposit any item, as defined in s. 674.104(1)
(i), in any bank or depository with intent to defraud.
(b) A violation of the provisions of this subsection constitutes a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(4) OBTAINING PROPERTY OR SERVICES IN RETURN FOR WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD
ORDERS; PENALTY.—
(a) It is unlawful for any person, firm, or corporation to obtain any services, goods, wares, or other things of value by
means of a check, draft, or other written order upon any bank, person, firm, or corporation, knowing at the time of the
making, drawing, uttering, issuing, or delivering of such check or draft that the maker thereof has not sufficient funds
on deposit in or credit with such bank or depository with which to pay the same upon presentation. However, no
crime may be charged in respect to the giving of any such check or draft or other written order when the payee knows,
has been expressly notified, or has reason to believe that the drawer did not have on deposit or to the drawer’s credit
with the drawee sufficient funds to ensure payment thereof. A payee does not have reason to believe a payor does
not have sufficient funds to ensure payment of a check solely because the payor has previously issued a worthless
check to him or her.
(b) It is unlawful for any person to use a debit card to obtain money, goods, services, or anything else of value
knowing at the time of such use that he or she does not have sufficient funds on deposit with which to pay for the
same or that the value thereof exceeds the amount of credit which is available to him or her through an overdraft
financing agreement or prearranged line of credit which is accessible by the use of the card.
(c) A violation of the provisions of this subsection, if the check, draft, other written order, or debit card order is for an
amount less than $150 or its equivalent, constitutes a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. A violation of the provisions of this subsection, if the check, draft, other written order, or debit
card order is in the amount of $150, or its equivalent, or more, constitutes a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(5) PAYMENT NO DEFENSE.—Payment of a dishonored check, draft, bill of exchange, or other order does not
constitute a defense or ground for dismissal of charges brought under this section.
(6) “CREDIT,” “DEBIT CARD” DEFINED.—
(a) The word “credit” as used herein shall be construed to mean an arrangement or understanding with the drawee
for the payment of such check, draft, or other written order.
(b) As used in this section, the term “debit card” means a card, code, or other device, other than a check, draft, or
similar paper instrument, by the use of which a person may order, instruct, or authorize a financial institution to debit
a demand deposit, savings deposit, or other asset account.
(7) REASON FOR DISHONOR, DUTY OF DRAWEE.—It is the duty of the drawee of any check, draft, or other written
order, before refusing to pay the same to the holder thereof upon presentation, to cause to be written, printed, or
stamped in plain language thereon or attached thereto the reason for the drawee’s dishonor or refusal to pay it. In
any prosecution under this section, the introduction in evidence of any unpaid and dishonored check, draft, or other
written order having the drawee’s refusal to pay stamped or written thereon or attached thereto, with the reason
therefor as aforesaid, is prima facie evidence of the making or uttering of such check, draft, or other written order, of
the due presentation to the drawee for payment and the dishonor thereof, and that the same was properly
dishonored for the reasons written, stamped, or attached by the drawee on such dishonored check, draft, or other
written order. As against the maker or drawer thereof, the withdrawing from deposit with the drawee named in the
check, draft, or other written order of the funds on deposit with such drawee necessary to ensure payment of such
check, draft, or other written order upon presentation within a reasonable time after negotiation or the drawing,
making, uttering, or delivering of a check, draft, or written order, payment of which is refused by the drawee, is prima
facie evidence of knowledge of insufficient funds in or credit with such drawee. However, if it is determined at the trial
in a prosecution hereunder that the payee of any such check, draft, or written order, at the time of accepting such
check, draft, or written order, had knowledge of or reason to believe that the drawer of such check, draft, or other
written order did not have sufficient funds on deposit in or credit with such drawee, then the payee instituting such
criminal prosecution shall be assessed all costs of court incurred in connection with such prosecution.
(8) COSTS.—When a prosecution is initiated under this section before any committing trial court judge, the party
applying for the warrant shall be held liable for costs accruing in the event the case is dismissed for want of
prosecution. No costs shall be charged to the county in such dismissed cases.
(9) STATE ATTORNEYS; WORTHLESS CHECKS; FORM OF COMPLAINT.—The state attorneys of Florida shall
collectively promulgate a single form to be used in all judicial circuits by persons reporting a violation of this chapter.
(10) CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT FUNDS.—For the purposes of construction of this
section, a payee or holder does not have knowledge, express notification, or reason to believe that the maker or
drawer has insufficient funds to ensure payment of a check, draft, or debit card solely because the maker or drawer
has previously drawn or issued a worthless check, draft, or debit card order to the payee or holder.
Florida Statute 832.04 - Stopping payment; purchase of farm or grove products.
(1) Whoever, with intent to defraud any producer of farm or grove products or product of such products or product
shall, in person or by agent, make, draw, utter, deliver, or give to such producer any check, draft, or written order for
the payment of money upon any bank, person, or corporation and secure from such producer such products or
product for or on account of such check, draft, or written order, whether such products or product are valued at the
amount of such check, draft, or written order or at a greater or lesser value, and who shall, pursuant to and in
furtherance of such intent to defraud, stop payment on such check, draft, or written order, shall be deemed to be guilty
of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the value of the products
or product secured for or on account of such check, draft, or written order is $150 or more; and if the value of the
products or product secured for or on account of such check, draft, or written order is less than $150, he or she shall
be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) In all prosecutions under this section, the introduction in evidence of any unpaid and dishonored check, draft, or
written order for the payment of money upon any bank, person, or corporation, bearing the drawee’s refusal to pay the
same because of payment having been stopped, stamped, or written thereon or attached thereto, shall be prima
facie evidence of the making or uttering of said check, draft, or written order, and of due presentation to the drawee for
payment, and of the dishonor thereof, and that the same was properly dishonored because of payment thereof
having been stopped by the maker or drawer. And, as against the maker or drawer thereof, the stopping of payment
of any such check, draft, or written order made, drawn, uttered, delivered, or given to a producer of farm or grove
products or product in payment for any such products or product, the possession or control of which shall have been
transferred upon faith of payment of such check, draft, or written order, whether such products or product be valued at
the amount of such check, draft, or written order or at a greater or lesser amount, shall be prima facie evidence that
such maker or drawer had the above mentioned intent to defraud such producer, if such maker or drawer, or his or
her agent, shall have personally inspected such products or product at or before such transfer of possession or
control.
(3) This section shall be taken to be cumulative and shall not be construed to repeal any other statute now in effect.
Florida Statute 832.09 - Suspension of driver license after warrant or capias is issued in worthless check
case.
(1) Any person who is being prosecuted for passing a worthless check in violation of s. 832.05, who fails to appear
before the court and against whom a warrant or capias for failure to appear is issued by the court shall have his or
her driver’s license suspended or revoked pursuant to s. 322.251.
(2) Within 5 working days after the issuance of a warrant or capias for failure to appear, the clerk of the court in the
county where the warrant or capias is issued shall notify the Department of Highway Safety and Motor Vehicles by the
most efficient method available of the action of the court.
Florida Statute 832.07 - Prima facie evidence of intent; identity.
(1) INTENT.
(a) In any prosecution or action under this chapter, the making, drawing, uttering, or delivery of a check, draft, or
order, payment of which is refused by the drawee because of lack of funds or credit, shall be prima facie evidence of
intent to defraud or knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company, or
other depository, unless such maker or drawer, or someone for him or her, shall have paid the holder thereof the
amount due thereon, together with a service charge not to exceed the service fees authorized under s. 832.08(5) or
an amount of up to 5 percent of the face amount of the check, whichever is greater, within 15 days after written notice
has been sent to the address printed on the check or given at the time of issuance that such check, draft, or order
has not been paid to the holder thereof, and bank fees incurred by the holder. In the event of legal action for recovery,
the maker or drawer may be additionally liable for court costs and reasonable attorney’s fees. Notice mailed by
certified or registered mail, evidenced by return receipt, or by first-class mail, evidenced by an affidavit of service of
mail, to the address printed on the check or given at the time of issuance shall be deemed sufficient and equivalent
to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not. The
form of such notice shall be substantially as follows:
“You are hereby notified that a check, numbered ____, in the face amount of $____, issued by you on (date) , drawn
upon (name of bank) , and payable to ____, has been dishonored. Pursuant to Florida law, you have 15 days from
the date of this notice to tender payment of the full amount of such check plus a service charge of $25, if the face
value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value
exceeds $300, or an amount of up to 5 percent of the face amount of the check, whichever is greater, the total amount
due being $____ and ____ cents. Unless this amount is paid in full within the time specified above, the holder of
such check may turn over the dishonored check and all other available information relating to this incident to the state
attorney for criminal prosecution. You may be additionally liable in a civil action for triple the amount of the check, but
in no case less than $50, together with the amount of the check, a service charge, court costs, reasonable attorney
fees, and incurred bank fees, as provided in s. 68.065.”
Subsequent persons receiving a check, draft, or order from the original payee or a successor endorsee have the
same rights that the original payee has against the maker of the instrument, provided such subsequent persons give
notice in a substantially similar form to that provided above. Subsequent persons providing such notice shall be
immune from civil liability for the giving of such notice and for proceeding under the forms of such notice, so long as
the maker of the instrument has the same defenses against these subsequent persons as against the original
payee. However, the remedies available under this section may be exercised only by one party in interest.
(b) When a check is drawn on a bank in which the maker or drawer has no account or a closed account, it shall be
presumed that such check was issued with intent to defraud, and the notice requirement set forth in this section shall
be waived.
(2) IDENTITY.
(a) In any prosecution or action under the provisions of this chapter, a check, draft, or order for which the information
required in paragraph (b), paragraph (d), paragraph (e), or paragraph (f) is available at the time of issuance
constitutes prima facie evidence of the identity of the person issuing the check, draft, or order and that such person is
authorized to draw upon the named account.
(b) To establish this prima facie evidence:
1. The driver’s license number or state identification number, specifying the state of issuance of the person
presenting the check must be written on the check; or
2. The following information regarding the identity of the person presenting the check must be obtained by the
person accepting such check: The presenter’s full name, residence address, home phone number, business phone
number, place of employment, sex, date of birth, and height.
(c) The information required in subparagraph (b)2. may be provided by either of two methods:
1. The information may be recorded on the check; or
2. The number of a check-cashing identification card issued by the accepter of the check may be recorded on the
check. In order to be used to establish identity, such check-cashing identification card may not be issued until the
information required in subparagraph (b)2. has been placed on file with the accepter of the check.
(d) If a check is received by a payee through the mail or by delivery to a representative of the payee, the prima facie
evidence referred to in paragraph (a) may be established by presenting the original contract, order, or request for
services that the check purports to pay for, bearing the signature of the person who signed the check, or by
presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter of the check
together with the signature of the person presenting the check.
(e) If a check is received by a payee and the drawer or maker has a check-cashing identification card on file with the
payee, the prima facie evidence referred to in paragraph (a) may be established by presenting the signature found on
the check-cashing identification card bearing the signature of the person who signed the check.
(f) If a check is received by the Department of Revenue through the mail or by delivery to a representative of the
Department of Revenue, the prima facie evidence referred to in paragraph (a) may be established by presenting the
original tax return, certificate, license, application for certificate or license, or other document relating to amounts
owed by that person or taxpayer which the check purports to pay for, bearing the signature of the person who signed
the check, or by presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter
of the check together with the signature of the person presenting the check. The use of taxpayer information for
purposes of establishing the identity of a person pursuant to this paragraph shall be considered a use of such
information for official purposes.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando DUI
attorney and Seminole County Florida Criminal Defense Lawyer about your situation or to schedule a Free Initial
Consultation. The Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida
area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood,
Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and
Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Cases involving these offenses can have significant penalties. If you have been
arrested for a criminal offense involving worthless checks you should speak with
an experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some basic information regarding worthless check offenses:
Florida Statute 832.041 - Stopping payment with intent to defraud.
(1) Whoever, with intent to defraud any person shall, in person or by agent, make, draw, utter, deliver, or give any
check, draft, or written order for the payment of money upon any bank, person, or corporation and secure from such
person goods or services for or on account of such check, draft, or written order, whether such goods or services are
valued at the amount of such check, draft, or written order or at a greater or lesser value, and who shall, pursuant to
and in furtherance of such intent to defraud, stop payment on such check, draft, or written order, shall be deemed to
be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of
the goods or services secured for or on account of such check, draft, or written order is $150 or more; and if the value
of the goods or services secured for or on account of such check, draft, or written order is less than $150, he or she
shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) This section shall be taken to be cumulative and shall not be construed to repeal any other statute now in effect.
Florida Statute 832.05 - Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee;
evidence; costs; complaint form.
(1) PURPOSE.—The purpose of this section is to remedy the evil of giving checks, drafts, bills of exchange, debit
card orders, and other orders on banks without first providing funds in or credit with the depositories on which the
same are made or drawn to pay and satisfy the same, which tends to create the circulation of worthless checks,
drafts, bills of exchange, debit card orders, and other orders on banks, bad banking, check kiting, and a mischief to
trade and commerce.
(2) WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—
(a) It is unlawful for any person, firm, or corporation to draw, make, utter, issue, or deliver to another any check, draft,
or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent,
knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using
such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or
depository with which to pay the same on presentation; except that this section does not apply to any check when the
payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to
believe, that the drawer did not have on deposit or to the drawer’s credit with the drawee sufficient funds to ensure
payment as aforesaid, nor does this section apply to any postdated check.
(b) A violation of the provisions of this subsection constitutes a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083, unless the check, draft, debit card order, or other written order drawn, made,
uttered, issued, or delivered is in the amount of $150, or its equivalent, or more and the payee or a subsequent
holder thereof receives something of value therefor. In that event, the violation constitutes a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) CASHING OR DEPOSITING ITEM WITH INTENT TO DEFRAUD; PENALTY.—
(a) It is unlawful for any person, by act or common scheme, to cash or deposit any item, as defined in s. 674.104(1)
(i), in any bank or depository with intent to defraud.
(b) A violation of the provisions of this subsection constitutes a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
(4) OBTAINING PROPERTY OR SERVICES IN RETURN FOR WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD
ORDERS; PENALTY.—
(a) It is unlawful for any person, firm, or corporation to obtain any services, goods, wares, or other things of value by
means of a check, draft, or other written order upon any bank, person, firm, or corporation, knowing at the time of the
making, drawing, uttering, issuing, or delivering of such check or draft that the maker thereof has not sufficient funds
on deposit in or credit with such bank or depository with which to pay the same upon presentation. However, no
crime may be charged in respect to the giving of any such check or draft or other written order when the payee knows,
has been expressly notified, or has reason to believe that the drawer did not have on deposit or to the drawer’s credit
with the drawee sufficient funds to ensure payment thereof. A payee does not have reason to believe a payor does
not have sufficient funds to ensure payment of a check solely because the payor has previously issued a worthless
check to him or her.
(b) It is unlawful for any person to use a debit card to obtain money, goods, services, or anything else of value
knowing at the time of such use that he or she does not have sufficient funds on deposit with which to pay for the
same or that the value thereof exceeds the amount of credit which is available to him or her through an overdraft
financing agreement or prearranged line of credit which is accessible by the use of the card.
(c) A violation of the provisions of this subsection, if the check, draft, other written order, or debit card order is for an
amount less than $150 or its equivalent, constitutes a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. A violation of the provisions of this subsection, if the check, draft, other written order, or debit
card order is in the amount of $150, or its equivalent, or more, constitutes a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(5) PAYMENT NO DEFENSE.—Payment of a dishonored check, draft, bill of exchange, or other order does not
constitute a defense or ground for dismissal of charges brought under this section.
(6) “CREDIT,” “DEBIT CARD” DEFINED.—
(a) The word “credit” as used herein shall be construed to mean an arrangement or understanding with the drawee
for the payment of such check, draft, or other written order.
(b) As used in this section, the term “debit card” means a card, code, or other device, other than a check, draft, or
similar paper instrument, by the use of which a person may order, instruct, or authorize a financial institution to debit
a demand deposit, savings deposit, or other asset account.
(7) REASON FOR DISHONOR, DUTY OF DRAWEE.—It is the duty of the drawee of any check, draft, or other written
order, before refusing to pay the same to the holder thereof upon presentation, to cause to be written, printed, or
stamped in plain language thereon or attached thereto the reason for the drawee’s dishonor or refusal to pay it. In
any prosecution under this section, the introduction in evidence of any unpaid and dishonored check, draft, or other
written order having the drawee’s refusal to pay stamped or written thereon or attached thereto, with the reason
therefor as aforesaid, is prima facie evidence of the making or uttering of such check, draft, or other written order, of
the due presentation to the drawee for payment and the dishonor thereof, and that the same was properly
dishonored for the reasons written, stamped, or attached by the drawee on such dishonored check, draft, or other
written order. As against the maker or drawer thereof, the withdrawing from deposit with the drawee named in the
check, draft, or other written order of the funds on deposit with such drawee necessary to ensure payment of such
check, draft, or other written order upon presentation within a reasonable time after negotiation or the drawing,
making, uttering, or delivering of a check, draft, or written order, payment of which is refused by the drawee, is prima
facie evidence of knowledge of insufficient funds in or credit with such drawee. However, if it is determined at the trial
in a prosecution hereunder that the payee of any such check, draft, or written order, at the time of accepting such
check, draft, or written order, had knowledge of or reason to believe that the drawer of such check, draft, or other
written order did not have sufficient funds on deposit in or credit with such drawee, then the payee instituting such
criminal prosecution shall be assessed all costs of court incurred in connection with such prosecution.
(8) COSTS.—When a prosecution is initiated under this section before any committing trial court judge, the party
applying for the warrant shall be held liable for costs accruing in the event the case is dismissed for want of
prosecution. No costs shall be charged to the county in such dismissed cases.
(9) STATE ATTORNEYS; WORTHLESS CHECKS; FORM OF COMPLAINT.—The state attorneys of Florida shall
collectively promulgate a single form to be used in all judicial circuits by persons reporting a violation of this chapter.
(10) CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT FUNDS.—For the purposes of construction of this
section, a payee or holder does not have knowledge, express notification, or reason to believe that the maker or
drawer has insufficient funds to ensure payment of a check, draft, or debit card solely because the maker or drawer
has previously drawn or issued a worthless check, draft, or debit card order to the payee or holder.
Florida Statute 832.04 - Stopping payment; purchase of farm or grove products.
(1) Whoever, with intent to defraud any producer of farm or grove products or product of such products or product
shall, in person or by agent, make, draw, utter, deliver, or give to such producer any check, draft, or written order for
the payment of money upon any bank, person, or corporation and secure from such producer such products or
product for or on account of such check, draft, or written order, whether such products or product are valued at the
amount of such check, draft, or written order or at a greater or lesser value, and who shall, pursuant to and in
furtherance of such intent to defraud, stop payment on such check, draft, or written order, shall be deemed to be guilty
of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the value of the products
or product secured for or on account of such check, draft, or written order is $150 or more; and if the value of the
products or product secured for or on account of such check, draft, or written order is less than $150, he or she shall
be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) In all prosecutions under this section, the introduction in evidence of any unpaid and dishonored check, draft, or
written order for the payment of money upon any bank, person, or corporation, bearing the drawee’s refusal to pay the
same because of payment having been stopped, stamped, or written thereon or attached thereto, shall be prima
facie evidence of the making or uttering of said check, draft, or written order, and of due presentation to the drawee for
payment, and of the dishonor thereof, and that the same was properly dishonored because of payment thereof
having been stopped by the maker or drawer. And, as against the maker or drawer thereof, the stopping of payment
of any such check, draft, or written order made, drawn, uttered, delivered, or given to a producer of farm or grove
products or product in payment for any such products or product, the possession or control of which shall have been
transferred upon faith of payment of such check, draft, or written order, whether such products or product be valued at
the amount of such check, draft, or written order or at a greater or lesser amount, shall be prima facie evidence that
such maker or drawer had the above mentioned intent to defraud such producer, if such maker or drawer, or his or
her agent, shall have personally inspected such products or product at or before such transfer of possession or
control.
(3) This section shall be taken to be cumulative and shall not be construed to repeal any other statute now in effect.
Florida Statute 832.09 - Suspension of driver license after warrant or capias is issued in worthless check
case.
(1) Any person who is being prosecuted for passing a worthless check in violation of s. 832.05, who fails to appear
before the court and against whom a warrant or capias for failure to appear is issued by the court shall have his or
her driver’s license suspended or revoked pursuant to s. 322.251.
(2) Within 5 working days after the issuance of a warrant or capias for failure to appear, the clerk of the court in the
county where the warrant or capias is issued shall notify the Department of Highway Safety and Motor Vehicles by the
most efficient method available of the action of the court.
Florida Statute 832.07 - Prima facie evidence of intent; identity.
(1) INTENT.
(a) In any prosecution or action under this chapter, the making, drawing, uttering, or delivery of a check, draft, or
order, payment of which is refused by the drawee because of lack of funds or credit, shall be prima facie evidence of
intent to defraud or knowledge of insufficient funds in, or credit with, such bank, banking institution, trust company, or
other depository, unless such maker or drawer, or someone for him or her, shall have paid the holder thereof the
amount due thereon, together with a service charge not to exceed the service fees authorized under s. 832.08(5) or
an amount of up to 5 percent of the face amount of the check, whichever is greater, within 15 days after written notice
has been sent to the address printed on the check or given at the time of issuance that such check, draft, or order
has not been paid to the holder thereof, and bank fees incurred by the holder. In the event of legal action for recovery,
the maker or drawer may be additionally liable for court costs and reasonable attorney’s fees. Notice mailed by
certified or registered mail, evidenced by return receipt, or by first-class mail, evidenced by an affidavit of service of
mail, to the address printed on the check or given at the time of issuance shall be deemed sufficient and equivalent
to notice having been received by the maker or drawer, whether such notice shall be returned undelivered or not. The
form of such notice shall be substantially as follows:
“You are hereby notified that a check, numbered ____, in the face amount of $____, issued by you on (date) , drawn
upon (name of bank) , and payable to ____, has been dishonored. Pursuant to Florida law, you have 15 days from
the date of this notice to tender payment of the full amount of such check plus a service charge of $25, if the face
value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value
exceeds $300, or an amount of up to 5 percent of the face amount of the check, whichever is greater, the total amount
due being $____ and ____ cents. Unless this amount is paid in full within the time specified above, the holder of
such check may turn over the dishonored check and all other available information relating to this incident to the state
attorney for criminal prosecution. You may be additionally liable in a civil action for triple the amount of the check, but
in no case less than $50, together with the amount of the check, a service charge, court costs, reasonable attorney
fees, and incurred bank fees, as provided in s. 68.065.”
Subsequent persons receiving a check, draft, or order from the original payee or a successor endorsee have the
same rights that the original payee has against the maker of the instrument, provided such subsequent persons give
notice in a substantially similar form to that provided above. Subsequent persons providing such notice shall be
immune from civil liability for the giving of such notice and for proceeding under the forms of such notice, so long as
the maker of the instrument has the same defenses against these subsequent persons as against the original
payee. However, the remedies available under this section may be exercised only by one party in interest.
(b) When a check is drawn on a bank in which the maker or drawer has no account or a closed account, it shall be
presumed that such check was issued with intent to defraud, and the notice requirement set forth in this section shall
be waived.
(2) IDENTITY.
(a) In any prosecution or action under the provisions of this chapter, a check, draft, or order for which the information
required in paragraph (b), paragraph (d), paragraph (e), or paragraph (f) is available at the time of issuance
constitutes prima facie evidence of the identity of the person issuing the check, draft, or order and that such person is
authorized to draw upon the named account.
(b) To establish this prima facie evidence:
1. The driver’s license number or state identification number, specifying the state of issuance of the person
presenting the check must be written on the check; or
2. The following information regarding the identity of the person presenting the check must be obtained by the
person accepting such check: The presenter’s full name, residence address, home phone number, business phone
number, place of employment, sex, date of birth, and height.
(c) The information required in subparagraph (b)2. may be provided by either of two methods:
1. The information may be recorded on the check; or
2. The number of a check-cashing identification card issued by the accepter of the check may be recorded on the
check. In order to be used to establish identity, such check-cashing identification card may not be issued until the
information required in subparagraph (b)2. has been placed on file with the accepter of the check.
(d) If a check is received by a payee through the mail or by delivery to a representative of the payee, the prima facie
evidence referred to in paragraph (a) may be established by presenting the original contract, order, or request for
services that the check purports to pay for, bearing the signature of the person who signed the check, or by
presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter of the check
together with the signature of the person presenting the check.
(e) If a check is received by a payee and the drawer or maker has a check-cashing identification card on file with the
payee, the prima facie evidence referred to in paragraph (a) may be established by presenting the signature found on
the check-cashing identification card bearing the signature of the person who signed the check.
(f) If a check is received by the Department of Revenue through the mail or by delivery to a representative of the
Department of Revenue, the prima facie evidence referred to in paragraph (a) may be established by presenting the
original tax return, certificate, license, application for certificate or license, or other document relating to amounts
owed by that person or taxpayer which the check purports to pay for, bearing the signature of the person who signed
the check, or by presenting a copy of the information required in subparagraph (b)2. which is on file with the accepter
of the check together with the signature of the person presenting the check. The use of taxpayer information for
purposes of establishing the identity of a person pursuant to this paragraph shall be considered a use of such
information for official purposes.
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando DUI
attorney and Seminole County Florida Criminal Defense Lawyer about your situation or to schedule a Free Initial
Consultation. The Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida
area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood,
Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and
Winter Springs, as well as Lake County, Orange County, Osceola County, and Seminole County, Florida.
|
Orange County Florida Criminal Lawyer & Orlando DUI Attorney
| Call Today: (407) 648-5255 |
| Call Today: (407) 648-5255 |
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