Florida Statutes
Fla. Stat. § 831.28 (2025)
Counterfeiting a payment instrument; possessing a counterfeit payment instrument; penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Arrestable Offenses under F.S. 831.28
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§831.28(2a)COUNTERFEITING OFPAY INSTRUMENT W INTENT TO DEFRAUD
§831.28(2a)POSSESS COUNTERFEITEDPAYMENT INSTRUMENT
Notes of Decisions
Cited in 3
cases, 2014–2018 · leading case: State v. Thomas, 133 So. 3d 1133 (Fla. 5th DCA 2014).
State v. Thomas, 133 So. 3d 1133 (Fla. 5th DCA 2014). “The State of Florida appeals an order in which the trial court declared unconstitutional the portion of section 831.28(2)(a), Florida Statutes (2012), that makes it a crime to possess a counterfeit payment instrument.”
State of Florida v. Wendy B. Carrier, 240 So. 3d 852 (Fla. 2d DCA 2018). “" § 831.28(1). It is a third-degree felony "to counterfeit a payment instrument with the intent to defraud.”
State v. Chanel N. Mendez, 200 So. 3d 169 (Fla. 5th DCA 2016). “Nicole Mendez’ conviction for counterfeiting a payment instrument or possessing a counterfeit payment instrument in violation of section 831.28(2)(a), Florida Statutes (2014).”
— 831.28(1) — 1 case
State of Florida v. Wendy B. Carrier, 240 So. 3d 852 (Fla. 2d DCA 2018). “" § 831.28(1). It is a third-degree felony "to counterfeit a payment instrument with the intent to defraud.”
— 831.28(2)(a) — 3 cases
State v. Thomas, 133 So. 3d 1133 (Fla. 5th DCA 2014). “The State of Florida appeals an order in which the trial court declared unconstitutional the portion of section 831.28(2)(a), Florida Statutes (2012), that makes it a crime to possess a counterfeit payment instrument.”
State of Florida v. Wendy B. Carrier, 240 So. 3d 852 (Fla. 2d DCA 2018). “" § 831.28(1). It is a third-degree felony "to counterfeit a payment instrument with the intent to defraud.”
State v. Chanel N. Mendez, 200 So. 3d 169 (Fla. 5th DCA 2016). “Nicole Mendez’ conviction for counterfeiting a payment instrument or possessing a counterfeit payment instrument in violation of section 831.28(2)(a), Florida Statutes (2014).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.