Fla. Stat. § 832.05

Worthless Checks

A bounced check can be a crime in Florida — but only with knowledge of insufficient funds. Here is where the line between a civil debt and a criminal charge falls.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

Knowledge Is the Key

Under § 832.05, writing a worthless check is a crime only if, at the time you wrote it, you knew there were insufficient funds. An honest mistake, a timing problem, or a later shortfall is not criminal.

The Governing Statute
Fla. Stat. § 832.05 — Worthless Checks
"It is unlawful for any person to draw, make, utter, issue, or deliver … a check … knowing at the time … that the maker … has not sufficient funds … with which to pay the same on presentation."
Read the full statute on Online Sunshine →
Worthless Checks — Penalties
Under $150: First-degree misdemeanor (up to 1 year).

$150 or more: Third-degree felony (up to 5 years).

What a Defense Attorney Looks For

  • Knowledge and intent. Whether you truly knew funds were insufficient when writing the check.
  • Post-dated checks and agreements that undercut criminal intent.
  • Whether this is really a civil debt dressed up as a crime.
  • Payment or restitution that can resolve the matter.

Frequently Asked Questions

Is writing a bad check a crime in Florida?
It can be, under § 832.05 — but only if you knew there were insufficient funds when you wrote it. A check for $150 or more is a third-degree felony; under $150 is a first-degree misdemeanor. An honest mistake is not a crime.
Can I go to jail for a bounced check in Florida?
Potentially, if the State proves you knowingly wrote a check on insufficient funds. But many bounced-check situations are civil debts, not crimes, and lack of knowledge or intent is a strong defense.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 832.05 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.