Florida Statute 831.032 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 831
FORGERY AND COUNTERFEITING

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F.S. 831.032

831.032 Offenses involving forging or counterfeiting private labels.—

(1) Whoever, knowingly and willfully, forges or counterfeits, or causes or procures to be forged or counterfeited, manufactures, distributes or transports, or possesses with intent to distribute or transport, upon or in connection with any goods or services, the trademark or service mark of any person, entity, or association, which goods or services are intended for resale, or knowingly possesses tools or other reproduction materials for reproduction of specific forged or counterfeit trademarks or service marks commits the crime of counterfeiting.

(2) Whoever knowingly sells or offers for sale, or knowingly purchases and keeps or has in his or her possession, with intent that the same shall be sold or disposed, or vends any goods having thereon a forged or counterfeit trademark, or who knowingly sells or offers for sale any service which is sold in conjunction with a forged or counterfeit service mark, of any person, entity, or association, knowing the same to be forged or counterfeited, commits the crime of selling or offering for sale counterfeit goods or services.

(3)(a) Violation of subsection (1) or subsection (2) is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except that:

1. A violation of subsection (1) or subsection (2) is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the offense involves 100 or more but less than 1,000 items bearing one or more counterfeit marks or if the goods involved in the offense have a total retail value of more than $2,500, but less than $20,000.

2. A violation of subsection (1) or subsection (2) is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the offense involves 1,000 or more items bearing one or more counterfeit marks or if the goods involved in the offense have a total retail value of $20,000 or more.

3. A violation of subsection (1) or subsection (2) is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if, during the commission or as a result of the commission of the offense, the person engaging in the offense knowingly or by culpable negligence causes or allows to be caused bodily injury to another.

4. A violation of subsection (1) or subsection (2) is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if, during the commission or as a result of the commission of the offense, the person engaging in the offense knowingly or by culpable negligence causes or allows to be caused serious bodily injury to another.

5. A violation of subsection (1) or subsection (2) is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if, during the commission or as a result of the commission of the offense, the person engaging in the offense knowingly or by culpable negligence causes or allows to be caused death to another.

(b) For any person who, having previously been convicted for an offense under this section, is subsequently convicted for another offense under this section, such subsequent offense shall be reclassified as follows:

1. In the case of a felony of the second degree, to a felony of the first degree.

2. In the case of a felony of the third degree, to a felony of the second degree.

3. In the case of a misdemeanor of the first degree, to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 4 of the offense severity ranking chart.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

(c) In lieu of a fine otherwise authorized by law, when any person has been convicted of an offense under this section, the court may fine the person up to three times the retail value of the goods seized, manufactured, or sold, whichever is greater, and may enter orders awarding court costs and the costs of investigation and prosecution, reasonably incurred. The court shall hold a hearing to determine the amount of the fine authorized by this paragraph.

(d) When a person is convicted of an offense under this section, the court, pursuant to s. 775.089, shall order the person to pay restitution to the trademark owner and any other victim of the offense. In determining the value of the property loss to the trademark owner, the court shall include expenses incurred by the trademark owner in the investigation or prosecution of the offense as well as the disgorgement of any profits realized by a person convicted of the offense.

(4) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act, 15 U.S.C. ss. 1051 et seq., or to an action under s. 495.131 shall be applicable in a prosecution under this section.

History.—s. 3, ch. 2008-255.

F.S. 831.032 on Google Scholar

F.S. 831.032 on Casetext

Amendments to 831.032

Arrestable Offenses / Crimes under Fla. Stat. 831.032

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

S831.032 3a - COUNTERFEITING - COUNTERFEITING GOODS SERVICES MARKS - M: F

S831.032 3a - PASS COUNTERFEITED - SELL OFFER COUNTERFEITED GOODS SERVICES - M: F

S831.032 3a1 - COUNTERFEITING - COUNTERFEIT GOODS SERVICES 100 LESS 1K ITEMS - F: T

S831.032 3a1 - COUNTERFEITING - COUNTERFEIT VALUE MORE 2500 LESS 20K DOLS - F: T

S831.032 3a1 - PASS COUNTERFEITED - SELL OFFER COUNTERFEITED 100 LESS 1K ITEMS - F: T

S831.032 3a1 - PASS COUNTERFEITED - SELL OFFER COUNTERFEIT MORE 2500 LESS 20K DOLS - F: T

S831.032 3a2 - COUNTERFEITING - COUNTERFEIT 1K OR MORE ITEMS - F: S

S831.032 3a2 - COUNTERFEITING - COUNTERFEIT VALUE 20K OR MORE DOLS - F: S

S831.032 3a2 - PASS COUNTERFEITED - SELL OFFER COUNTERFEITED 1K OR MORE ITEMS - F: S

S831.032 3a2 - PASS COUNTERFEITED - SELL OFFER COUNTERFEITED 20K OR MORE DOLS - F: S

S831.032 3a3 - COUNTERFEITING - COUNTERFEIT GOODS SERVICES CAUSE BODILY INJURY - F: T

S831.032 3a3 - PASS COUNTERFEITED - SELL OFFER COUNTERFEIT CAUSE BODILY INJURY - F: T

S831.032 3a4 - COUNTERFEITING - COUNTERFEIT GOODS SERVICES SERIOUS INJURY - F: S

S831.032 3a4 - PASS COUNTERFEITED - SELL OFFER COUNTERFEITED CAUSE SERIOUS INJURY - F: S

S831.032 3a5 - COUNTERFEITING - COUNTERFEIT GOOD SERVICES CAUSE DEATH - F: F

S831.032 3a5 - PASS COUNTERFEITED - SELL OFFER COUNTERFEITED CAUSE DEATH - F: F

Annotations, Discussions, Cases:

Cases Citing Statute 831.032

Total Results: 20

LOUMPOS v. RAYMOND JAMES & ASSOCIATES, INC., BANK ONE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-02T00:00:00-07:00

Snippet: satisfied. See Clampitt v. Wick, 320 So. 3d 826, 831-32 (Fla. 2d DCA 2021) (quoting Jeffrey A. Baskies,

Buyer's Choice Auto Sales, LLC v. Palm Beach Motors, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-17T00:00:00-07:00

Snippet: rescinded a lease agreement. See Yanks, 341 So. 2d at 831–32 (despite the tenant’s payment of rent being conditioned

AMOS WALKER v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-17T23:53:00-08:00

Snippet: oath ....’); Iacono v. State, 930 So. 2d 829, 831-32 (Fla. 4th DCA 2006) (holding that defendants ‘

TOMMIE MCCLENNEY, JR. v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-22T23:53:00-08:00

Snippet: oath . . . ”); Iacono v. State, 930 So. 2d 829, 831-32 (Fla. 4th DCA 2006) (holding that defendants “are

Elaine Dial v. Calusa Palms Master Association, Inc.

Court: Fla. | Date Filed: 2022-04-28T00:53:00-07:00

Snippet: made under” Medicare); cf. Goble, 901 So. 2d at 831-32 (“Under the medical providers’ contracts with

MARIO A. MANBORDE v. THE STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-25T23:53:00-08:00

Snippet: oath ....”); Iacono v. State, 930 So. 2d 829, 831–32 (Fla. 4th DCA 2006) (holding that defendants “

SHIRD T. MYRICK v. MARK INCH, SECRETARY D. O. C.

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-09T00:53:00-07:00

Snippet: another. See, e.g., Torres v. State, 208 So. 3d 831, 831-32 (Fla. 1st DCA 2017) (reviewing transfer order without

Kurt Falk v. Harris Corporation and Liberty Insurance Corporation

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-11T00:53:00-07:00

Snippet: “nearly conclusive effect.” Amos, 17 So. 3d at 831-32 (citing Pierre v. Handi Van, Inc., 717 So. 2d 1115

Kurt Falk v. Harris Corporation and Liberty Insurance Corporation

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-11T00:53:00-07:00

Snippet: “nearly conclusive effect.” Amos, 17 So. 3d at 831-32 (citing Pierre v. Handi Van, Inc., 717 So. 2d 1115

Int'l Sec. Mgmt. Grp., Inc. v. Rolland

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-28T00:00:00-08:00

Citation: 271 So. 3d 33

Snippet: threatening statement during a workplace argument. Id. at 831-32. Geddes alleged generally that American Airlines

Int'l Sec. Mgmt. Grp., Inc. v. Rolland

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-28T00:00:00-08:00

Citation: 271 So. 3d 33

Snippet: threatening statement during a workplace argument. Id. at 831-32. Geddes alleged generally that American Airlines

Michael Gordon Reynolds v. State of Florida

Court: Fla. | Date Filed: 2018-04-05T00:00:00-07:00

Citation: 251 So. 3d 811

Snippet: Caldwell claims cognizable. See dissenting op. at 831-32 (Pariente, J.). A majority of the Court never recognized

William Joyce v. Federated National Insurance Company

Court: Fla. | Date Filed: 2017-10-19T00:00:00-07:00

Citation: 228 So. 3d 1122, 2017 WL 4684352

Snippet: other relevant market.” See Quanstrom, 555 So.2d at 831-32 (citing Delaware Valley, 483 U.S. at 733, 107 S.Ct

Rodriguez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-07T00:00:00-07:00

Citation: 223 So. 3d 1095, 2017 WL 2457210, 2017 Fla. App. LEXIS 8330

Snippet: them under oath Iacono, v. State, 930 So.2d 829, 831-32 (Fla. 4th DCA 2006) (holding that defendants “are

Willoughby v. Agency for Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-10T00:00:00-08:00

Citation: 212 So. 3d 516, 2017 WL 945532, 2017 Fla. App. LEXIS 3214

Snippet: Loma Linda Univ. Med. Ctr., 235 Cal.App.4th 821, 831-32, 185 Cal. Rptr.3d 699 (Cal. Ct. App. 2015); Branson

Dan Huber, Mary Huber and Lads Network Solutions, Inc. v. Disaster Solutions, LLC and Scott Lewis

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-09T00:00:00-08:00

Citation: 180 So. 3d 1145, 2015 Fla. App. LEXIS 18410

Snippet: these broad contempt powers. See id. at 831-32, 114 S.Ct. 2552. Parisi, 769 So.2d

Sybac Solar AG, Co. v. Falz

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-13T00:00:00-07:00

Citation: 174 So. 3d 383, 2015 Fla. App. LEXIS 3624, 2015 WL 1088480

Snippet: Caverna v. Sun Int’l Hotels, Ltd., 699 So.2d 830, 831-32 (Fla. 4th DCA 1997). Reversed and remanded with

First Baptist Church of Cape Coral, Florida, Inc. v. Compass Construction, Inc.

Court: Fla. | Date Filed: 2013-05-30T00:00:00-07:00

Citation: 115 So. 3d 946

Snippet: statutorily awarded fees. See Quanstrom, 555 So.2d at 831-32. In Blanchard, the Supreme Court held that a contingency

Arnau v. Winn Dixie Stores

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-05T00:00:00-08:00

Citation: 105 So. 3d 669, 2013 WL 425881, 2013 Fla. App. LEXIS 1686

Snippet: conclusive effect.” Amos v. Gartner, Inc., 17 So.3d 829, 831-32 (Fla. 1st DCA 2009) (citing Pierre v. Handi Van

Carbone v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-27T00:00:00-07:00

Citation: 98 So. 3d 657, 2012 WL 4448862, 2012 Fla. App. LEXIS 16161

Snippet: reaching toward the roof of the restaurant. Id. at 831-32. The state failed to present sufficient evidence