According to Florida Statute 832.05 2(a), It is unlawful for any person, firm, or corporation to Draw, make, utter, issue, or deliver to another any check, draft, or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent, knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation; except that this section does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the drawer did not have on deposit or to the drawer’s credit with the drawee sufficient funds to ensure payment as aforesaid, nor does this section apply to any postdated check.
WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS: The simple version to describe the above statute is that it is unlawful to knowingly write and present a check for payment knowing that the funds are not available, or to write a check for products or services and intentionally cancel the check prior to the check being cleared by the bank in order to avoid payment of such products and/or services. In doing so, this is a misdemeanor of the first degree, punishable by up to a definite term of imprisonment not exceeding 1 year. If the check, draft, debit card order, or other written order drawn, made, uttered, issued, or delivered is in the amount of $150.00 or more and the payee or a subsequent holder thereof receives something of value, the violation constitutes a felony of the third degree, punishable by a term of imprisonment not exceeding 5 years.
CASHING OR DEPOSITING ITEM WITH INTENT TO DEFRAUD: It is unlawful for any person, by act or common scheme, to cash or deposit any item in any bank or depository with intent to defraud, which constitutes a felony of the third degree, punishable by a term of imprisonment not exceeding 5 years.
There are other variations of crimes involving the passing of bad checks or defrauding a business or establishment regarding payment of products or services, such as defrauding an Innkeeper, Fraudulent Check Schemes, and when more than one person is involved in a Check Scheme, Conspiracy Charges may be warranted under Florida Law or Federal Law if the crime crosses the boarders of one State to another. If the bad checks are mailed to the business or establishment, mail fraud may be charged, which is a federal crime.
Crimes involving bad checks are not always cut and dry. Some people who are charged for crimes involving passing bad checks are latter found to be innocent of these charges because it can be proven that other circumstances existed that were beyond the account holders knowledge or control.
For example, it is not uncommon for a person to be the victim of identity theft or unknowingly have their bank account account information stolen, where duplicate checks are written and distributed without the account holders knowledge, and when the account holder writes a check or a few checks, or lets say a few checks over a weekend, only to later be charged with writing bad checks unbeknownst to the account holder.
Another example is when a couple is going through a divorce where both spouses have access to one ore more checking accounts and one spouse empties out or depletes the funds in a checking account without the other spouses knowledge.
Other people sometimes choose to "roll the dice" believing a deposit will be entered into his or her account on a specific date, or believing a check will be received in time to cover a check they have written. While it is not advised that this is ever done, some companies and businesses are quicker to press criminal charges than others, before ever attempting to resolve the issue before pressing charges.