Issuing Worthless Checks in Florida
Issuing Worthless Checks is a crime regardless of whether anything of value was received in exchange for the check.
Frequently referred to as check kiting, passing bad checks or bouncing a check, it is a crime to issue a worthless check in Florida.
Under Florida Statute 832.05(2), the crime of Issuing Worthless Checks is committed when a person issues a check knowing that there are insufficient funds deposited with a bank to cover the check.
Nothing of Value Need be Exchanged
Unlike the crime of Obtaining Property by Worthless Check, issuing worthless checks is a crime regardless of whether anything of value was received in exchange for the check. [1]
Withdrawing Funds Prior to Cashing
Withdrawal of the funds necessary for payment of a check within a reasonable time after issuance of a check, but before it has been cashed, is prima facie evidence that a person knew their bank account had insufficient funds. [2]
Penalties for Issuing Worthless Checks
The crime of Issuing Worthless Checks can be prosecuted as either a misdemeanor or a felony depending on whether the worthless check was made out for $150 or more.
Misdemeanor Issuing Worthless Checks
The crime of Issuing Worthless Checks in an amount less than $150 is a First Degree Misdemeanor in Florida and punishable by up to one (1) year in jail, one (1) year of probation, and a $1,000 fine.
A judge may sentence a person convicted of Issuing Worthless Check in an amount less than $150 to probation, but may also impose a sentence up to the statutory maximum of one (1) year in jail.
Felony Issuing Worthless Checks
The crime of Issuing Worthless Checks in an amount of $150 or more is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Issuing Worthless Checks in an amount of $150 or more is assigned a Level 1 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Issuing Worthless Checks in an amount of $150 or more to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
Defenses to Issuing Worthless Checks
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Issuing Worthless Checks are:
Payee’s Knowledge of Insufficient Funds
It is a defense to the crime of Issuing Worthless Checks if the payee knew, should have known, or was expressly notified that the payor had insufficient funds to cover the check at the time it was issued. [3]
Postdated Checks
It is an absolute defense to the crime of Issuing Worthless Checks that the check was postdated. [4]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Issuing Worthless Checks in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.