Bad, Fraudulent and Worthless Check Charges

WARNING TO NON-U.S. CITIZENS: Be advised a conviction of for any crimes
involving theft or dishonesty could nullify you legal status and subject
you to deportation. Attorney John M. Howe understands the importance of
being knowledgeable of the laws effects upon non-U.S. citizens in matters
involving theft or dishonesty.

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.

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