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Florida Statute 831.031 - Full Text and Legal Analysis Florida Statute 831.031 | Lawyer Caselaw & Research
Fla. Stat. § 831.031 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
831.031 Evidence.In any proceeding under or related to ss. 831.03-831.034:
(1) Proof that a person is in possession of more than 25 goods, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging or any other components of any type or nature bearing a counterfeit mark, unless satisfactorily explained, gives rise to an inference that such property is being possessed with intent to offer it for sale or distribution.
(2) A state or federal certificate of registration of trademark shall be prima facie evidence of the facts stated therein.
History.s. 2, ch. 2008-255.

Cases Citing F.S. 831.031

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·United States v. Larry Frazier, United States of Am. v. Darence Eugene Hutchinson, Kenya Brown, Albert Lintez Brown, A/K/A "Pee Pee" A/K/A "James", Henry Graham, Raymond D. Griffin, Kenyatta Brown, 89 F.3d 1501 (11th Cir. 1996).

Cited 58 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 19010

and Florida's parallel statute, Fl.Stat.Ann. § 831.31(2) (West 1989), define "counterfeit substance"
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Cited as authorityUnited States v. Terrance Jamal Moore (2025)
Cited as authorityMitchell v. United States (2025)
Cited as authorityUnited States v. Manuel Velez-Acosta (2024)
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·State v. Bussey, 463 So. 2d 1141 (Fla. 1985).

Cited 37 times | Published | Supreme Court of Florida

be distinguished from "counterfeit drugs." Section 831.31, Florida Statutes (1981), prohibits the sale
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Cited as authoritySTATE OF FLORIDA v. WILLIAM CRUMBLEY (2018)
Cited as authorityUnited States v. Brown (2010)
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·Greenwade v. State, 124 So. 3d 215 (Fla. 2013).

Cited 9 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 717, 2013 WL 5641794, 2013 Fla. LEXIS 2284

counterfeit and look-alike substances less harshly. See § 831.31, Fla. Stat. (2009); § 817.563, Fla. Stat. (2009)
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Cited as authorityJohncy Sylvaince v. State of Florida (2025)
Cited as authorityCampbell v. State of Florida (2025)
CitedHeather Santiago v. Shawn Swain (2025)
phrase: "see"
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·Vanhoosen v. State, 469 So. 2d 230 (Fla. 1st DCA 1985).

Cited 5 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1336

substance with intent to deliver, in violation of section 831.31, Florida Statutes. Appellant pled nolo contendere
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Quote AuthorityBlanco v. State (2017)
Cited as authorityJalbert v. State (2005)
Cited as authorityRoss v. State (1990)
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·Damen v. State, 793 So. 2d 106 (Fla. 2d DCA 2001).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 2001 WL 930004

insufficient to sustain Mr. Damen's conviction. In section 831.31, Florida Statutes (1999), which prohibits the
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Quote AuthorityJOHNNY RAY GRAHAM v. STATE OF FLORIDA (2022)
phrase: "see"
Cited as authoritySpry v. State (2007)
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·Twinn v. State, 442 So. 2d 286 (Fla. 3d DCA 1983).

Cited 4 times | Published | Florida 3rd District Court of Appeal

controlled substance provision of the Florida Statutes, § 831.31, Fla. Stat. (1981). Twinn argues, and we agree
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·Durr v. State, 583 So. 2d 424 (Fla. 1st DCA 1991).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 146643

counterfeit controlled substance, contrary to section 831.31(1)(a), Florida Statutes (1989). We reverse
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·JLF v. State, 887 So. 2d 432 (Fla. 5th DCA 2004).

Cited 3 times | Published | Florida 5th District Court of Appeal | 2004 WL 2623945

substance with intent *433 to sell in violation of section 831.31(1)(a), Florida Statutes (2001). J.L.F. contends
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Cited as authorityJOHNNY RAY GRAHAM v. STATE OF FLORIDA (2022)
Cited (see also)A.P.R. v. State (2005)
phrase: "see also"
Cited (see also)APR v. State (2005)
phrase: "see also"
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United States v. Frazier, 89 F.3d 1501 (11th Cir. 1996).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1996 WL 403100

and Florida’s parallel statute, Fl.Stat.Ann. § 831.31(2) (West 1989), define “counterfeit substance”
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·Bedford v. State, 970 So. 2d 935 (Fla. 4th DCA 2008).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 36623

counterfeit controlled substance, a violation of section 831.31, Florida Statutes. That charge would have been
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Quote AuthorityPittman v. State (2009)
phrase: "see also"
Cited (see also)Haliburton v. State (2009)
phrase: "see also"
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·Adderly v. State, 571 So. 2d 557 (Fla. 1st DCA 1990).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1990 WL 212127

motion to dismiss. The appellant contends that section 831.31, Florida Statutes (1989), under which he was
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·State v. Bussey, 444 So. 2d 63 (Fla. 4th DCA 1984).

Cited 4 times | Published | Florida 4th District Court of Appeal

counterfeit drug statute in this state. See Section 831.31, Florida Statutes (1981), which makes it unlawful
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·State v. Eugui, 60 So. 3d 1185 (Fla. 4th DCA 2011).

Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 7586, 2011 WL 2031337

delivery of a counterfeit controlled substance. See § 831.31, Fla. Stat. (2009). The trial court based the
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Quote AuthorityState v. Flansbaum-Talabisco (2013)
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·State v. Hayes, 446 So. 2d 1185 (Fla. 2d DCA 1984).

Published | Florida 2nd District Court of Appeal | 1984 Fla. App. LEXIS 12325

court erred in ruling that the provisions of section 831.31, Florida Statutes (1981),1 were *1186facially
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Cited as authorityJOHNNY RAY GRAHAM v. STATE OF FLORIDA (2022)
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·Warner v. State, 581 So. 2d 232 (Fla. Dist. Ct. App. 1991).

Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 6288, 16 Fla. L. Weekly Fed. D 1571

pursuant to a conviction for a violation of section 831.31, Florida Statutes (1989). Appellant contends
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CitedCox v. State (2000)
phrase: "see"
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J.L.F. v. State, 887 So. 2d 432 (Fla. 5th DCA 2004).

Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 17812

substance with in*433tent to sell in violation of section 831.31(l)(a), Florida Statutes (2001). J.L.F. contends
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Johnny Ray Graham v. State of Florida (Fla. 4th DCA 2022).

Published | Florida 4th District Court of Appeal

substance with intent to sell, a violation of section 831.31(a), Florida Statutes (2020); in Count II, it

This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 831 matters in the context of forgery and white collar defense and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.