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F.S. 831.01 on Google Scholar

F.S. 831.01 on Casetext

Amendments to 831.01


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLVI
CRIMES
Chapter 831
FORGERY AND COUNTERFEITING
View Entire Chapter
F.S. 831.01 Florida Statutes and Case Law
831.01 Forgery.Whoever falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of any clerk or register of a court, public register, notary public, town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation may be received as a legal proof; or a charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange or promissory note, or an order, acquittance, or discharge for money or other property, or an acceptance of a bill of exchange or promissory note for the payment of money, or any receipt for money, goods or other property, or any passage ticket, pass or other evidence of transportation issued by a common carrier, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 1, ch. 1637, 1868; RS 2479; s. 6, ch. 4702, 1899; GS 3359; RGS 5206; CGL 7324; s. 1, ch. 59-31; s. 1, ch. 61-98; s. 959, ch. 71-136; s. 32, ch. 73-334.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 831.01 on Google Scholar

F.S. 831.01 on Casetext

Amendments to 831.01


Arrestable Offenses / Crimes under Fla. Stat. 831.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

831.01 - FORGERY OF - ALTER PUBLIC RECORD CERTIFICATE ETC - F: T
831.01 - COUNTERFEITING OF - PUBLIC RECORD CERTIFICATE ETC - F: T


Civil Citations / Citable Offenses under S831.01
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 831.01.


Annotations, Discussions, Cases:

  1. Rushing v. State

    684 So. 2d 856 (Fla. Dist. Ct. App. 1996)   Cited 14 times
    Section 831.01, Florida Statutes (1995), defines the crime of forgery as follows:
    PAGE 857
  2. Rummel v. Estelle

    445 U.S. 263 (1980)   Cited 2,575 times   2 Legal Analyses

    861, 4205 (1974) (fine or up to 7 years); D.C. Code § 22-1401 (1973) (1 to 10 years); Fla. Stat. §§ 831.01, 831.02 (1965) (fine or up to 10 years); Ga. Code Ann. § 26-1701 (1977) (1 to 10 years); Haw. Rev

  3. United States v. Watson

    423 U.S. 411 (1976)   Cited 2,104 times   9 Legal Analyses
    For example, under federal law these are some of the commonlaw misdemeanors, or their modern equivalents, now considered felonies: assault, 18 U.S.C. § 111-112; assault with intent to commit murder, rape or any other felony, § 113; forging securities of the United States, § 471; bribing voters, § 597; escape, § 751; kidnaping, § 1201; obstruction of congressional or executive investigations, § 1505; obstruction of criminal investigations, § 1510; perjury, § 1621; riots, § 2101; interception of wire or oral communications, § 2511. See also, e. g., Ark. Stat. Ann. § 41-606 (1964) (assault with intent to kill); § 41-607 (assault with intent to rape); § 41-1805 (forgery); § 41-3005 (perjury); § 41-2308 (Supp. 1973) (kidnaping). Fla. Stat. Ann. § 787.02 (Supp. 1975) (false imprisonment); § 831.01 (Supp. 1975) (forgery); § 837.012 (Supp. 1975) (perjury); § 843.14 (Supp. 1975) (compounding felonies); § 870.03 (Supp. 1975) (riots and routs). Ill. Ann. Stat. § 10-1 (Supp. 1975) (kidnaping); § 14-4 (eavesdropping); § 33-1 (Supp. 1975) (bribery); § 32-2 (Supp. 1975) (perjury). Ky. Rev. Stat. § 520.020 (1975) (escape); § 516.020 (1975) (forgery); § 509.020 (1975) (kidnaping); …
    PAGE 441
  4. Rollins v. Butland

    951 So. 2d 860 (Fla. Dist. Ct. App. 2007)   Cited 490 times   6 Legal Analyses
    The Appellees' complaint alleges that Florida's Structural Pest Control Act, §§ 482.011—.242, Florida Statutes (2001), proscribes unfair, deceptive, and unconscionable acts and practices, and the complaint alleges that the Appellants committed several acts in violation of this statute. The complaint also alleges that the Appellants engaged in the following unfair or deceptive acts or practices: making or disseminating false and misleading advertisements in violation of sections 817.06 and 817.41, Florida Statutes (2001), forging consumers' signatures on inspection documents in violation of section 831.01, Florida Statutes (2001), defrauding and cheating consumers in violation of section 817.29, Florida Statutes (2001), and improperly accepting annual renewal payments and other money from consumers in violation of section 812.014, Florida Statutes (2001). The complaint further alleges that the Appellants established a practice of falsifying inspection documents and structured the compensation system to encourage such practice. It also alleges that the Appellants failed to disclose termite infestations to consumers and inaccurately represented that homes did not have such…
    PAGE 883
  5. McDonald v. U.S. Attorney Gen.

    533 F. App'x 938 (11th Cir. 2013)
    On remand, McDonald initially filed an application for withholding of removal under the Convention, but she later moved to terminate her immigration proceedings on the ground that she was not removable and, in the alternative, for waiver and a cancellation of removal, see 8 U.S.C. § 1182(c) (repealed Sept. 1996). The Department filed additional charges that McDonald was removable because she had been convicted of an aggravated felony for a crime of violence, see id. § 1227(a)(2)(A)(iii), and the notice listed nine additional convictions of McDonald in the Florida courts, including a conviction in 2002 for forgery, see Fla. Stat. § 831.01. The Department submitted records from the Florida courts, including several scoresheets reflecting that McDonald had a conviction for felony third degree forgery, see id. § 831.01, and an arrest warrant and minutes of sentencing establishing that McDonald received a sentence of one year in February 1996 for robbery, see id. § 812.13.
    PAGE 3
  6. Lewis v. State

    152 So. 3d 845 (Fla. Dist. Ct. App. 2014)
    Section 831.01, Florida Statutes provides in pertinent part, “Whoever falsely makes, alters, forges or counterfeits a public record [of] ... any public officer ... with intent to injury or defraud any person, shall be guilty of a felony of the third degree....” Falsified court orders are one kind of document that falls under the purview of the forgery statute, section 831.01, because they constitute forged public records. See Parker v. State, 658 So.2d 1105 (Fla. 3d DCA 1995). The statute expressly requires proof of intent to injure or defraud; it creates no presumption of intent from the mere creation of a falsified document.
    PAGE 847
  7. Dixon v. State

    812 So. 2d 595 (Fla. Dist. Ct. App. 2002)   Cited 7 times
    I respectfully dissent because I would not apply section 316.650(9), Florida Statutes (2000) to the forged traffic citation. After it was discovered that Appellant had given a false name, he was charged by information with forgery under section 831.01, Florida Statutes (2000), and driving without a valid driver's license. The record does not indicate that the State used the forged traffic citation, separately from the information, to charge and convict Appellant with a traffic offense. Rather, the forged traffic citation was intended for use by the State as evidence in the forgery charge. See Rushing v. State, 684 So.2d 856, 857 (Fla. 5th DCA 1996) (holding that "[a] defendant's signature on a traffic ticket seems to operate as an appearance bond, so signing another's name on a ticket would be forgery" pursuant to § 831.01).
    PAGE 597
  8. Ellis v. Warner

    CASE NO. 15-10134-CIV-GOODMAN (S.D. Fla. Feb. 16, 2017)   Cited 3 times
    The last two crimes alleged under CRCPA are the crimes of forgery and uttering forged instruments. Pursuant to Florida Statute § 831.01, "forgery" is defined as: [w]hoever falsely makes, alters, forges or counterfeits a public record or . . . will, . . . [or] letter of attorney, . . . with intent to injure or defraud any person, shall be guilty of a felony of the third degree[.]" Fla. Stat. § 831.01. The crime of forgery requires the making of a writing that falsely purports to be the writing of another, with the intent to defraud. Walters v. State, 245 So. 2d 907, 908 (Fla. 1st DCA 1971); see also Rushing v. State, 684 So. 2d 856, 857 (Fla. 5th DCA 1996).
    PAGE 50
  9. Maddox v. State

    923 So. 2d 442 (Fla. 2006)   Cited 58 times
    Upon being stopped by a police officer following the commission of several traffic infractions, [Dixon] provided a false name to the officer. That name was placed on the traffic citation, which [Dixon] signed using the false name. When it was learned that [Dixon] gave a false name, he was charged with forgery under section 831.01 and driving without a valid driver's license.
    PAGE 445
  10. Washington v. State

    685 So. 2d 996 (Fla. Dist. Ct. App. 1997)   Cited 2 times
    Mary Washington, when stopped for a traffic violation, signed a fictitious name to two traffic citations and was charged under section 831.01, Florida Statutes, with forgery of both traffic citations as well as resisting an officer without violence because of the forgeries. She moved to dismiss on the basis that forgery of a traffic citation is not covered by section 831.01. The trial court denied her motion. She pled no contest to the charges and now appeals. We affirm.