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Florida statute

Fla. Stat. § 832.04 — Stopping payment; purchase of farm or grove products

Current through 2025 Florida Statutes

Part of Chapter 832: Violations Involving Checks and Drafts, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 832.04

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 832.04Primary source, current through the 2025 Florida Statutes
(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.

Official sources

Legal terms used in this section

Questions this section answers

Is stopping payment; purchase of farm or grove products a felony or a misdemeanor in Florida?

It depends on the circumstances: stopping payment; purchase of farm or grove products ranges from a Misdemeanor of the Second Degree to a Misdemeanor of the First Degree in Florida under Fla. Stat. § 832.04.

Stopping payment to defraud producer ($150 or more): Misdemeanor of the First Degree (Fla. Stat. § 832.04(1)) · Stopping payment to defraud producer (less than $150): Misdemeanor of the Second Degree (Fla. Stat. § 832.04(1))

Which Florida statute covers stopping payment; purchase of farm or grove products?

Stopping payment; purchase of farm or grove products is governed by Fla. Stat. § 832.04 (Stopping payment; purchase of farm or grove products).

This reference is informational and is not legal advice.