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The Curious Bag
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Writing a check with insufficient funds to cover it is a crime in Florida. Penalties include returned check charges; liability for court costs; and attorney fees, fines and imprisonment.
Definition
"Passing bad checks" refers to the crime of writing checks against insufficient funds. In Florida, the writer of the check has seven days from receiving notice to pay the holder of the worthless check. If timely payment is not made, the writer of the check is presumed to have acted with fraudulent intent.
Returned Check Charges
If you write a bad check, you must pay the holder the face value of the check, a service charge of up to 5 percent of the value of the check (or the statutory charge of $25 to $50) and any bank fees charged to the holder of the check.
Legal Costs
The writer of the check is liable for any legal costs paid by the holder of a bad check.
Misdemeanor
For checks under $150, the crime is a first-degree misdemeanor, punishable by up to one year in prison and up to a $1,000 fine.
Felony
For checks of $150 or more, the crime is a third-degree felony, punishable by up to five years in prison and up to a $5,000 fine.
Source:
Florida Statutes: Section 832.05 and Following
Resource:
Carreon and Associates
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