Florida criminal charge
Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form in Florida
Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form is a criminal offense under Florida law, defined by Fla. Stat. § 832.05. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 832.05.
What is the penalty for giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Worthless check/draft/debit card order (under $150) — Drawing, making, uttering, issuing, or delivering a check, draft, or debit card order knowing insufficient funds exist, where the amount is less than $150 or no value was received by payee.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Worthless check/draft/debit card order (under $150) — Drawing, making, uttering, issuing, or delivering a check, draft, or debit card order knowing insufficient funds exist, where the amount is less than $150 or no value was received by payee.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Worthless check/draft/debit card order ($150 or more with value received) — The check, draft, debit card order, or other written order is $150 or more and the payee or subsequent holder receives something of value therefor.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Worthless check/draft/debit card order ($150 or more with value received) — The check, draft, debit card order, or other written order is $150 or more and the payee or subsequent holder receives something of value therefor.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Cashing or depositing item with intent to defraud — Cashing or depositing any item in a bank or depository with intent to defraud, by act or common scheme.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Cashing or depositing item with intent to defraud — Cashing or depositing any item in a bank or depository with intent to defraud, by act or common scheme.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Obtaining property/services by worthless check/draft/debit card order (under $150) — Obtaining goods, services, or things of value via a worthless check, draft, written order, or debit card order valued at less than $150.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Obtaining property/services by worthless check/draft/debit card order (under $150) — Obtaining goods, services, or things of value via a worthless check, draft, written order, or debit card order valued at less than $150.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Obtaining property/services by worthless check/draft/debit card order ($150 or more) — Obtaining goods, services, or things of value via a worthless check, draft, written order, or debit card order valued at $150 or more.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Obtaining property/services by worthless check/draft/debit card order ($150 or more) — Obtaining goods, services, or things of value via a worthless check, draft, written order, or debit card order valued at $150 or more.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Worthless check/draft/debit card order (under $150) | Misdemeanor of the First Degree | Drawing, making, uttering, issuing, or delivering a check, draft, or debit card order knowing insufficient funds exist, where the amount is less than $150 or no value was received by payee. | Fla. Stat. § 832.05(2)(b) |
| Worthless check/draft/debit card order ($150 or more with value received) | Felony of the Third Degree | The check, draft, debit card order, or other written order is $150 or more and the payee or subsequent holder receives something of value therefor. | Fla. Stat. § 832.05(2)(b) |
| Cashing or depositing item with intent to defraud | Felony of the Third Degree | Cashing or depositing any item in a bank or depository with intent to defraud, by act or common scheme. | Fla. Stat. § 832.05(3)(b) |
| Obtaining property/services by worthless check/draft/debit card order (under $150) | Misdemeanor of the First Degree | Obtaining goods, services, or things of value via a worthless check, draft, written order, or debit card order valued at less than $150. | Fla. Stat. § 832.05(4)(c) |
| Obtaining property/services by worthless check/draft/debit card order ($150 or more) | Felony of the Third Degree | Obtaining goods, services, or things of value via a worthless check, draft, written order, or debit card order valued at $150 or more. | Fla. Stat. § 832.05(4)(c) |
Common questions about giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form in Florida
Is giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form a felony or a misdemeanor in Florida?
It depends on the circumstances: giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 832.05.
Worthless check/draft/debit card order (under $150): Misdemeanor of the First Degree (Fla. Stat. § 832.05(2)(b)) · Worthless check/draft/debit card order ($150 or more with value received): Felony of the Third Degree (Fla. Stat. § 832.05(2)(b)) · Cashing or depositing item with intent to defraud: Felony of the Third Degree (Fla. Stat. § 832.05(3)(b)) · Obtaining property/services by worthless check/draft/debit card order (under $150): Misdemeanor of the First Degree (Fla. Stat. § 832.05(4)(c)) · Obtaining property/services by worthless check/draft/debit card order ($150 or more): Felony of the Third Degree (Fla. Stat. § 832.05(4)(c))
What are the penalties for giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form in Florida?
Penalties for giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form?
Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form is governed by Fla. Stat. § 832.05 (Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.