What happens if I am charged with writing a worthless check in Florida?

A bounced check is usually a money problem first and a criminal problem only later. Florida's worthless check law, chapter 832 of the Florida Statutes, is built around that idea: the person who received the check must send a written notice and give the writer a chance to pay before the dishonor counts as evidence of intent. When that chance passes, the check can be sent to the State Attorney. This page explains how those cases move in Palm Beach, Broward, Miami-Dade and Martin counties. Where it fits among other low-level charges is covered on our page about misdemeanor charges in South Florida.

How does a bounced check become a criminal case?

1. The bank refuses to pay. The bank must write or stamp the reason for the refusal on the check or attach it. In court, a dishonored check bearing that stamp is prima facie evidence that the check was written, presented and properly refused (s. 832.05(7)).
2. The holder sends a written notice. The person or business holding the check mails a notice to the address printed on the check or given when it was written. Certified or registered mail with a return receipt, or first-class mail with an affidavit of mailing, counts as notice received, even if the letter comes back undelivered (s. 832.07(1)(a)).
3. The 15-day window runs. The writer has 15 days from the notice to pay the face amount, a service charge and the holder's bank fees. If that payment is made in time, the dishonor is no longer prima facie evidence of intent to defraud (s. 832.07(1)(a)).
4. The complaint goes to the State Attorney. If the check is not paid, the holder may turn it over to the State Attorney. The state attorneys use a single complaint form statewide (s. 832.05(9)), and the Palm Beach form must be notarized and include the affidavit of mailing.
5. The State Attorney chooses a path. The office may refer the case to a bad check diversion program, weighing the amount, the writer's record, other pending complaints and the strength of the evidence of intent (s. 832.08(2)), or it may file charges.
6. The case goes to court. County courts hear misdemeanor cases (s. 34.01(1)(a)), so a felony check charge goes to circuit court. A missed court date can bring a capias and, for someone with a prior worthless check adjudication, a possible license suspension (s. 832.09).

Florida also has a separate notice for civil collection, which gives the writer 30 days to pay before a lawsuit for triple damages (s. 68.065(3), (4)). The criminal and civil notices are different letters, so read the one you received carefully.

When is a worthless check a misdemeanor, and when is it a felony?

A first-degree misdemeanor carries up to 1 year in jail and a $1,000 fine, a second-degree misdemeanor up to 60 days and $500, and a third-degree felony up to 5 years and $5,000 (ss. 775.082, 775.083). Those are ceilings, not typical sentences, and they are set out with every other level in our chart of Florida criminal penalties. A judge must also order restitution to the victim unless there are clear and compelling reasons not to (s. 775.089(1)(a)).

The $150 line works much like the value line in theft cases, explained in when theft becomes a felony in Florida. One difference matters: under s. 832.05(2), the felony needs both the $150 amount and proof that the payee received something of value for the check.

What does the 15-day notice say, and what does it cost to pay?

Section 832.07(1)(a) sets out the wording of the notice. It must identify the check by number, amount, date, bank and payee, and it tells the writer that unless the full amount is paid within 15 days, the holder may turn the check over to the State Attorney. The service charge the holder may add is set by the face value of the check.

The same amounts cap the fee a State Attorney may collect on each check it recovers to fund its program (s. 832.08(5)). If the matter later turns into a civil lawsuit, the writer may also owe court costs and reasonable attorney's fees (s. 832.07(1)(a)).

How do the bad check programs work in South Florida?

Section 832.08 allows a State Attorney to run a bad check diversion program. When a complaint is referred, the office mails the writer a notice listing the date and amount of the check, the payee, the date by which the writer must contact the office and the penalty for a bad check (s. 832.08(3)). A diversion agreement must include an education program, full restitution, the program fees and a waiver of speedy trial for the diversion period, and a person who does not complete it can still be prosecuted (s. 832.08(4)).

• Palm Beach County (15th Circuit). The State Attorney's Bad Check Restitution Program at 401 North Dixie Highway in West Palm Beach takes complaints from victims who have already sent the statutory notice. According to the office, the check writer is given two choices: comply with the program, which includes restitution to the victim, or face possible prosecution. The complaint form lists checks that do not qualify, including two-party checks, partially repaid checks, postdated checks or checks the merchant agreed to hold, checks passed outside Palm Beach County and checks that repay a loan or civil contract.
• Miami-Dade County (11th Circuit). The Miami-Dade State Attorney's Bad Check Restitution Program, at 1350 NW 12th Avenue, says bad check offenders must complete an eight-hour education class at their expense, and that recovered money goes to the merchant at 100 percent of the face value. It does not accept postdated checks, checks the payee was asked to hold, or out-of-state, three-party or government checks.
• Broward (17th Circuit) and Martin (19th Circuit). As of October 2026, the Broward State Attorney's and the 19th Circuit State Attorney's websites do not list a separate bad check program. A charge there can still be discussed for the office's general diversion programs, which are described in pretrial diversion in Palm Beach and Broward.

Once a case has been filed, the courthouse depends on the county and on whether the charge is a misdemeanor or a felony. For a Palm Beach case, what to expect on the day is covered on our Palm Beach County courthouse page.

What changes the answer?

• What the payee knew. The law does not apply if the payee knew, was told, or had reason to believe that the funds were not there when the check was written (s. 832.05(2)(a), (4)(a)). A single earlier bounced check does not, by itself, give the payee that knowledge (s. 832.05(10)).
• A postdated check. Section 832.05(2)(a) says it does not apply to a postdated check, and both the Palm Beach and Miami-Dade programs refuse them.
• Payment within 15 days. Paying the full amount, the service charge and the bank fees within 15 days of the notice removes the presumption of intent (s. 832.07(1)(a)).
• Payment after the deadline. Paying later is not a defense and is not grounds for dismissal (s. 832.05(5)), though it may still matter to the State Attorney and the judge.
• A closed or nonexistent account. If the account was closed or never existed, intent to defraud is presumed and the notice requirement is waived (s. 832.07(1)(b)).
• Emptying the account. Withdrawing the money needed to cover the check soon after writing it is prima facie evidence of knowledge (s. 832.05(7)).
• Proof of identity. A driver license number written on the check, or the identifying details the statute lists, is prima facie evidence of who wrote it (s. 832.07(2)). Without them, identity may be harder for the State to prove.
• Stopped payments. A stop payment is charged under a different statute, s. 832.041, and only if it was done with intent to defraud.

A worked example

For example, imagine a hypothetical contractor in Boca Raton who pays a supplier $420 for materials and picks them up that day. The check is returned for insufficient funds, and the supplier mails a 15-day notice by certified mail to the address printed on the check. If the contractor pays $420, a $40 service charge (5 percent of $420 is only $21, so the larger $40 applies) and the supplier's bank fee within 15 days, the dishonor no longer counts as prima facie evidence of intent. If he does nothing and the supplier files a complaint, the amount is over $150 and he obtained materials with the check, so the State Attorney could treat it as a third-degree felony under s. 832.05(4) or refer it to the Bad Check Restitution Program. Had the check been for $120, the same facts would point to a first-degree misdemeanor. This is an illustration only, not a prediction for any case.

Common mistakes people make

• Ignoring the 15-day notice because the letter seems like a routine collection notice.
• Paying only the face amount and not the service charge and bank fees the notice lists.
• Assuming that paying after a charge is filed ends the case; the statute says it is not a defense (s. 832.05(5)).
• Assuming a notice mailed to an old address on the check does not count; the statute treats a properly mailed notice as received even if it comes back undelivered (s. 832.07(1)(a)).
• Calling the merchant to argue about the facts, which can create statements used later in a theft or fraud case.
• Missing the court date because the summons went to an old address.

What to do this week

1. Find the notice and write down its date, so you know when the 15 days end.
2. Get your bank statements for the week the check was written and the week it was presented.
3. Gather anything showing the payee knew about the funds, or agreed to hold or postdate the check.
4. If you received a letter from the State Attorney, note the contact deadline it lists.
5. Search the clerk's website for a case number, and read what to do in the first week after being charged if a case has been filed.
6. Speak with a defense lawyer before you contact the State Attorney's program or the merchant about the facts.

Frequently asked questions

Can I go to jail for a bounced check in Florida?

It is possible. A first-degree misdemeanor carries up to 1 year in jail and a felony up to 5 years in prison (s. 775.082). In practice, many cases are resolved through restitution, diversion or probation, which depends on the facts and the office.

Is a bounced check always a crime?

No. The State must show the writer knew the funds were not there when the check was written (s. 832.05(2)(a)). The law also does not apply when the payee knew the funds were short, or to a postdated check. The Palm Beach program does not accept checks the merchant agreed to hold, and it returns checks dishonored by bank error to the victim.

Does writing a check from a closed account change things?

Yes. The law presumes intent to defraud for a check written on a closed account or an account the writer never had, and the 15-day notice is not required (s. 832.07(1)(b)).

Can the merchant also sue me?

Yes. After a 30-day written demand, the holder can sue for triple the amount owed, at least $50, plus court costs and attorney's fees (s. 68.065(3)). A court or jury may waive some or all of those damages for economic hardship (s. 68.065(7)). The Palm Beach program tells victims that submitting a check to it means giving up civil collection on that check.

Can a worthless check charge be dropped?

It can, but that is the State Attorney's decision, and payment alone does not require it. The usual ways a case ends before trial are covered in whether criminal charges can be dropped before trial.

Will a worthless check conviction stay on my record?

A conviction stays on the record, but a withhold of adjudication can keep the door open to sealing. The difference is explained in what a withhold of adjudication means. Eligibility is covered in whether you can seal or expunge your record.

Is this the same as a fraud charge?

Not always. Some check cases are charged as theft or fraud instead of under chapter 832, especially when there are many checks or forged checks. Those charges are covered on our fraud defense page.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense experience in South Florida and handles cases in Palm Beach, Broward, Miami-Dade and Martin counties. In a worthless check case, he can review the notice, the bank records and the complaint, look at whether the payee knew about the funds, and speak with the State Attorney about a program or other resolution where one is available. Every case is different, and no result can be promised. The consultation is free, and you can call (561) 362-6677 24 hours a day.

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