17.3 WORTHLESS CHECK

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
17.3
Statute
§ 832.05(2), Fla. Stat.
Edition
Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
Official source
The Florida Bar: criminal jury instructions

Elements

Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.

To prove the crime of (crime charged), the State must prove the following [six] [seven] elements beyond a reasonable doubt:

1. (Defendant)

[drew]

[made]

[uttered]

[issued]

[delivered]

the check admitted in evidence as State Exhibit __________.

2. When (defendant) did so, there was not sufficient money on deposit in the bank to pay the check.

3. (Defendant) knew when [he] [she] wrote the check that [he] [she] did not have sufficient money on deposit with the bank.

4. (Defendant) knew [he] [she] had no arrangement or understanding with the bank for the payment of the check when it was presented.

5. The check was in the amount of $150 or more.

Give 6a when payee exchanges for value.

6. a. (Person or business alleged), to whom the check was payable, transferred it to (as alleged) in exchange for (goods or money alleged).

Give 6b when subsequent holder exchanges for value.

b. (Holder alleged) transferred the check to (as alleged) in exchange for (goods or money alleged).

Give 7 only if not exchanged for money.

7. The (goods) had some monetary value.

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

Defenses. Give if applicable.

Even if you find all these elements are proved, you should go on to consider the defense. You must find the defendant not guilty if you find that either of the following three defenses have been proved:

1. (Name of payee or holder) knew that (defendant's) funds and credit at the bank at the time the check was given were insufficient to pay the check; or

2. (Name of payee or holder) had good reason to believe that (defendant's) funds and credit at the bank at the time the check was given were insufficient to pay the check; or

3. The check was post-dated.

Lesser-included offenses

As the instruction lists them, word for word.

WORTHLESS CHECKS — 832.05(2)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
None
Attempt, except when uttering is charged — under $150777.04(1)5.1

Related practice page

Worthless (Bad) Check Charges in Miami

Official source: The Florida Bar: criminal jury instructions

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

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