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Florida Statute 831.28 | Lawyer Caselaw & Research
F.S. 831.28 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 831.28

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 831
FORGERY AND COUNTERFEITING
View Entire Chapter
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 from cite.case.law:

STATE v. CARRIER B., 240 So. 3d 852 (Fla. App. Ct. 2018)

. . . ." § 831.28(1). . . . ." § 831.28(2)(a). . . .

STATE v. MENDEZ,, 200 So. 3d 169 (Fla. Dist. Ct. App. 2016)

. . . counterfeiting a payment instrument or possessing a counterfeit payment instrument in violation of section 831.28 . . . Thomas, 133 So.3d 1133 (Fla. 5th DCA 2014), where we held that the portion of section 831.28(2)(a) criminalizing . . . and the 24th day of December, 2014, in said County and State, did, in violation of Florida Statute 831.28 . . . Section 831.28(2)(a), Florida Statutes, provides: It is unlawful to counterfeit a payment instrument . . .

STATE v. THOMAS,, 133 So. 3d 1133 (Fla. Dist. Ct. App. 2014)

. . . I concur with the majority that part two of section 831.28(2)(a), Florida Statutes (2012), which makes . . . Giorgetti, 868 So.2d 512, 515 (Fla.2004)), the second portion of section 831.28(2)(a), would remain unconstitutional . . . Florida appeals an order in which the trial court declared unconstitutional the portion of section 831.28 . . . counterfeiting a payment instrument and possessing a counterfeit payment instrument in violation of section 831.28 . . . Section 831.28(2)(a) provides: It is unlawful to counterfeit a payment instrument with the intent to . . . work he provided without knowing such payment instrument was counterfeit, he would violate section 831.28 . . . The trial court correctly found the portion of section 831.28(2)(a) criminalizing the mere possession . . .

LLOYD, v. CARD,, 283 F. App'x 696 (11th Cir. 2008)

. . . . §§ 790.23, 812.014(2)(c), 831.18, 831.28(2)(a), 893.13(l)(a)(l), (6)(a). . . .

ROBERT WHITE v. THE UNITED STATES, 178 Ct. Cl. 765 (Ct. Cl. 1967)

. . . the corporation failed to pay over to the Government withholding taxes in the amounts of $618.56, $831.28 . . .