Florida Statute 831.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 831
FORGERY AND COUNTERFEITING

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F.S. 831.28

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.

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

S831.28 2a - COUNTERFEITING OF - PAY INSTRUMENT W INTENT TO DEFRAUD - F: T

S831.28 2a - POSSESS COUNTERFEITED - PAYMENT INSTRUMENT - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 831.28

Total Results: 3

STATE OF FLORIDA v. WENDY B. CARRIER

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-08T23:53:00-08:00

Snippet: name, routing number, or account number." § 831.28(1). It is a third-degree felony "to counterfeit… instrument with the intent to defraud." § 831.28(2)(a). The ordinary definition of

State v. Chanel N. Mendez

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-24T00:00:00-07:00

Citation: 200 So. 3d 169, 2016 Fla. App. LEXIS 9687, 2016 WL 3458769

Snippet: counterfeit payment instrument in violation of section 831.28(2)(a), Florida Statutes (2014). 1 In…2014), where we held that the portion of section 831.28(2)(a) criminalizing mere possession of a counterfeit…and State, did, in violation of Florida Statute 831.28(2)(a), counterfeit a payment instrument or possess…EDWARDS, JJ., concur. 1 . Section 831.28(2)(a), Florida Statutes, provides: It is

State v. Thomas

Court: Fla. Dist. Ct. App. | Date Filed: 2014-02-14T00:00:00-08:00

Citation: 133 So. 3d 1133, 2014 WL 560858, 2014 Fla. App. LEXIS 1982

Snippet: concur with the majority that part two of section 831.28(2)(a), Florida Statutes (2012), which makes it … 515 (Fla.2004)), the second portion of section 831.28(2)(a), would remain unconstitutional for the reasons