Florida Bad Check Statute of Limitations: Criminal and Civil

Under Florida bad check laws, writing a check you know will bounce is a first-degree misdemeanor if the check is under $150 and a third-degree felony if it is $150 or more. On top of criminal exposure, the person you paid can sue for the amount of the check plus triple damages, and a bounced check can shut you out of the banking system for five years. One provision matters more than any other: if you pay the holder in full within 15 days of getting written notice, the law’s presumption that you intended to defraud them disappears.

Criminal Penalties by Check Amount

Florida splits worthless check offenses into two tiers based on the face value of the check. Both tiers require proof that you wrote, delivered, or passed the check knowing the account did not have enough money to cover it.¹

A check under $150 is a first-degree misdemeanor.¹²³ Courts often add restitution for the full amount of the check plus probation conditions such as a financial management course or community service.

A check of $150 or more is a third-degree felony, punishable by up to five years in prison.¹²³ Sentencing considers prior record and whether there is a pattern of bad checks. A felony conviction also strips your civil rights in Florida. You lose the right to vote, sit on a jury, and possess firearms until those rights are restored through the clemency process, so even a “low-level” third-degree felony over a $150 check is a serious event.

The 15-Day Notice Rule

This is the provision every accused check-writer needs to understand. When a check bounces, Florida law treats that fact alone as prima facie evidence that you intended to defraud the payee. That presumption shifts the burden onto you.⁴

You defeat the presumption by paying the holder in full within 15 days of receiving written notice that the check bounced. Payment has to include a service fee equal to the amount authorized under the state’s fee schedule or 5% of the check’s face value, whichever is greater, plus any bank fees the holder incurred. Pay inside that 15-day window and the statutory presumption of intent goes away.⁴

One exception. If the check was drawn on an account that was already closed or that never existed, the 15-day cure period does not apply. Intent to defraud is presumed with no opportunity to make it right.⁴

Defenses to a Bad Check Charge

Even with the statutory presumption in play, prosecutors still have to prove intent to defraud beyond a reasonable doubt. A few defenses cut into that proof.

You Believed the Funds Were There

Evidence of a pending deposit, a bank error, or a miscalculated balance can support a genuine belief that the account had enough money. Making the check good within the 15-day notice window strengthens this defense significantly by wiping out the statutory presumption.

The Check Was Post-Dated

Florida’s worthless check statute expressly does not apply to post-dated checks.¹ A post-dated check tells the recipient funds may not be available until later, which undermines any theory of deception. You need to be able to show the recipient knew the check was post-dated, which is easier when the date on the check itself is clearly in the future or when there is written communication about it.

The Payee Knew You Were Short

No charge can stand if the person accepting the check already knew, was told, or had reason to believe the account lacked sufficient funds at the time.¹ The statute also says a payee does not automatically have “reason to believe” you lack funds just because a check bounced with them in the past. Each check is judged on its own.

Civil Liability and Treble Damages

Criminal exposure is only part of the risk. The holder of a bounced check can also sue in civil court and recover much more than the face amount.

Under Florida’s civil collection statute, if you fail to pay in cash within 30 days of receiving a written demand, the payee can sue for the check amount plus triple that amount in damages. The treble damages have a floor of $50 and no statutory ceiling. The payee can also recover court costs, reasonable attorney fees, and any bank fees they incurred.⁵

The demand letter has to go out by certified mail, registered mail, or first-class mail with an affidavit of service, sent to the address on the check or the one you supplied when you wrote it. It has to give you 30 days to pay in full.⁵ Ignoring that letter is where most people lose. Pay inside the 30 days and treble damages are off the table.

Diversion Programs

Many Florida State Attorney’s Offices run diversion programs for bad check cases. If you complete diversion, charges are either not filed or dropped, leaving no conviction on your record. Participation is at the prosecutor’s discretion.

Florida law lays out what a diversion agreement must include:

Full restitution on the bounced check.
Completion of an education program for people who have violated the worthless check statutes.
A processing fee to the State Attorney’s Office. The fee tracks the size of the check: up to $25 for checks of $50 or less, up to $30 for checks between $50 and $300, and up to $40 for checks over $300.

Failing to complete the agreement puts you back on the original charge, and entering the program requires waiving your right to a speedy trial for the length of the diversion period.⁶

Banking Consequences

A bad check can follow you into the banking system for years. Banks and credit unions screen new applicants through services like ChexSystems and Early Warning Services, and negative information from a bounced check generally stays on those reports for five years.⁷ During that window, most major banks will deny new checking or savings applications.

If a bank denies you based on one of these reports, it has to send an adverse action notice identifying the screening company that supplied the information. You can then request a free copy of the report.⁸ Pulling the report is worth doing. Errors show up, and disputing them can restore your access.

How Long Prosecutors Have to Charge You

Florida’s general criminal statute of limitations controls the deadline for filing charges. For a first-degree misdemeanor bad check offense (under $150), prosecutors have two years. For a third-degree felony bad check offense ($150 or more), they have three years.⁹

The clock can pause in certain situations, such as when the accused is out of state. Once the period expires without a charge being filed, prosecution is barred. The civil collection route under Florida Code 68.065 runs on its own timeline and is not tied to those criminal deadlines.

When Federal Charges Come Into Play

Most bad check cases stay in state court. Federal prosecutors get involved when a check-writing scheme targets a federally insured bank and rises to the level of bank fraud. Under federal law, anyone who knowingly executes a scheme to defraud a financial institution, or to obtain money from one by false representations, faces up to 30 years in prison and a fine of up to $1,000,000.¹⁰ Federal attention typically follows large amounts, multi-state activity, or a sustained pattern against banks rather than a single bounced check to an individual payee.

1
Florida Senate. Florida Code 832.05 – Giving Worthless Checks, Drafts, and Debit Card Orders
2
Justia Law. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures
3
Florida Senate. Florida Code 775.083 – Fines
4
Online Sunshine. Florida Code 832.07 – Prima Facie Evidence of Intent; Identity
5
Florida Senate. Florida Code 68.065 – Actions to Collect Worthless Payment Instruments
6
Online Sunshine. Florida Code 832.08 – Worthless Checks; Jurisdiction; Duty of State Attorney
7
HelpWithMyBank.gov. How Long Does Negative Information Stay on ChexSystems and EWS Reports
8
Consumer Financial Protection Bureau. Denied for a Bank Account? Here’s What You Should Know
9
Florida Senate. Florida Code 775.15 – Time Limitations; General Time Limitations; Exceptions
10
Office of the Law Revision Counsel. 18 U.S. Code 1344 – Bank Fraud