F.S. 831.28 Florida Statutes and Case Law

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

Title XLVI
CRIMES

Chapter 831
FORGERY AND COUNTERFEITING

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831.28 Counterfeiting a payment instrument; possessing a counterfeit payment instrument; penalties.—

(1) As used in this section, the term “counterfeit” means the manufacture of or arrangement to manufacture a payment instrument, as defined in s. 560.103, without the permission of the financial institution, account holder, or organization whose name, routing number, or account number appears on the payment instrument, or the manufacture of any payment instrument with a fictitious name, routing number, or account number.

(2)(a) It is unlawful to counterfeit a payment instrument with the intent to defraud a financial institution, account holder, or any other person or organization or for a person to have any counterfeit payment instrument in such person’s possession with the intent to defraud a financial institution, an account holder, or any other person or organization. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) The printing of a payment instrument in the name of a person or entity or with the routing number or account number of a person or entity without the permission of the person or entity to manufacture or reproduce such payment instrument with such name, routing number, or account number is prima facie evidence of intent to defraud.

(3) This section does not apply to a law enforcement agency that produces or displays counterfeit payment instruments for investigative or educational purposes.

History.—s. 14, ch. 2001-115; s. 42, ch. 2019-167.

Statutes updated from Official Statutes on: March 07, 2023

F.S. 831.28 on Google Scholar

F.S. 831.28 on Casetext

Amendments to 831.28

Arrestable Offenses / Crimes under Fla. Stat. 831.28

Level: Degree
Misdemeanor/Felony: First/Second/Third

831.28 2a - COUNTERFEITING OF - PAY INSTRUMENT W INTENT TO DEFRAUD - F: T

831.28 2a - POSSESS COUNTERFEITED - PAYMENT INSTRUMENT - F: T

Civil Citations / Citable Offenses under S831.28

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 831.28.

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

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