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Miami Forgery Offenses Laws by Statute
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your rights and Forgery.
Forgery and Counterfeiting Offenses
831.01 Forgery.
831.02 Uttering forged instruments.
831.025 Evidence in prosecution for forgery or counterfeiting.
831.03 Forging or counterfeiting private labels; possession of
reproduction materials.
831.04 Penalty for changing or forging certain instruments of
writing.
831.05 Vending goods or services with counterfeit trademarks or
service marks.
831.06 Fictitious signature of officer of corporation.
831.07 Forging bank bills, checks, drafts, or promissory notes.
831.08 Possessing certain forged notes, bills, checks, or drafts.
831.09 Uttering forged bills, checks, drafts, or notes.
831.10 Second conviction of uttering forged bills.
831.11 Bringing into the state forged bank bills, checks, drafts,
or notes.
831.12 Fraudulently connecting parts of genuine instrument.
831.13 Having in possession uncurrent bills.
831.14 Uttering uncurrent bills.
831.15 Counterfeiting coin; having 10 or more such coins in
possession with intent to utter.
831.16 Having less than 10 counterfeit coins in possession, with
intent to utter.
831.17 Violation of s. 831.16; second conviction.
831.18 Making or possessing instruments for forging bills.
831.19 Making or having instruments for counterfeiting coin.
831.20 Counterfeit bills and counterfeiters' tools to be seized.
831.21 Forging or counterfeiting doctor's certificate of
examination.
831.22 Damaging bank bills.
831.23 Impeding circulation.
831.24 Issuing shop bills similar to bank notes.
831.25 Bringing private bills similar to bank bills into the
state.
831.26 Circulating any substitute for regular currency.
831.27 Issuing notes.
831.28 Counterfeiting a payment instrument; possessing a
counterfeit payment instrument; penalties.
831.29 Making or having instruments and material for
counterfeiting driver's licenses or identification cards.
831.30 Medicinal drugs; fraud in obtaining.
831.31 Counterfeit controlled substance; sale, manufacture,
delivery, or possession with intent to sell, manufacture, or
deliver.
831.01 Forgery.--Whoever falsely makes, alters, forges or
counterfeits a public record, or a certificate, return or
attestation of any clerk or register of a court, public register,
notary public, town clerk or any public officer, in relation to a
matter wherein such certificate, return or attestation may be
received as a legal proof; or a charter, deed, will, testament,
bond, or writing obligatory, letter of attorney, policy of
insurance, bill of lading, bill of exchange or promissory note, or
an order, acquittance, or discharge for money or other property,
or an acceptance of a bill of exchange or promissory note for the
payment of money, or any receipt for money, goods or other
property, or any passage ticket, pass or other evidence of
transportation issued by a common carrier, with intent to injure
or defraud any person, shall be guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.--s. 1, ch. 1637, 1868; RS 2479; s. 6, ch. 4702, 1899; GS
3359; RGS 5206; CGL 7324; s. 1, ch. 59-31; s. 1, ch. 61-98; s.
959, ch. 71-136; s. 32, ch. 73-334.
831.02 Uttering forged instruments.--Whoever utters and publishes
as true a false, forged or altered record, deed, instrument or
other writing mentioned in s. 831.01 knowing the same to be false,
altered, forged or counterfeited, with intent to injure or defraud
any person, shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 2, ch. 1637, 1868; RS 2480; GS 3360; RGS 5208; CGL
7326; s. 2, ch. 59-31; s. 2, ch. 61-98; s. 960, ch. 71-136.
831.025 Evidence in prosecution for forgery or counterfeiting.--In
prosecutions for forging or counterfeiting notes or bills of
banks, or for uttering, publishing, or tendering in payment as
true, any forged or counterfeit bank bills, or notes, or for being
possessed thereof with intent to utter and pass the same as true,
the testimony of the president and cashier of such banks may be
dispensed with, if their place of residence is out of the state or
more than 40 miles from the place of trial; and the testimony of
any person acquainted with the signature of such president or
cashier, or who has knowledge of the difference in the appearance
of the true and counterfeit bills or notes of such banks may be
admitted to prove that such bills or notes are counterfeit.
History.--s. 122g, ch. 19554, 1939; CGL 1940 Supp. 8663(128); s.
179, ch. 70-339.
Note.--Former s. 906.22.
831.03 Forging or counterfeiting private labels; possession of
reproduction materials.--
(1) Whoever, knowingly and willfully, forges or counterfeits, or
causes or procures to be forged or counterfeited, 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 shall be guilty of the
crime of counterfeiting. The crime of counterfeiting shall be
punishable as follows:
(a) If the goods or services to which the forged or counterfeit
trademarks or service marks are attached, affixed, or used in
connection with, or to which the offender intended they be
attached, affixed, or used in connection with, have a retail sale
value of $1,000 or more, the offender commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(b) If the goods or services to which the forged or counterfeit
trademarks or service marks are attached, affixed, or used in
connection with, or to which the offender intended they be
attached, affixed, or used in connection with, have a retail sale
value of less than $1,000, the offender commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s.
775.083.
(c) When an offender has in the last 5 years been convicted of
counterfeiting under this section, or vending counterfeit goods
under s. 831.05, and is convicted of counterfeiting goods or
services, irrespective of their retail sale value, the offender
commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(2) 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.
(3) The term "forged or counterfeit trademark or service mark"
refers to a mark:
(a) That is identical with or an imitation of a mark registered
for those goods or services on the principal register in the
United States Patent and Trademark Office or the trademark
register for the State of Florida or any other state, or protected
by the Amateur Sports Act of 1978, 36 U.S.C. s. 380, whether or
not the offender knew such mark was so registered or protected;
and
(b) The use of which is unauthorized by the owner of the
registered mark.
(4)(a) Any goods to which the forged or counterfeit trademarks or
service marks are attached or affixed, or any tools or other
reproduction materials for the reproduction of any specific forged
or counterfeit trademark or service mark, which are produced or
possessed in violation of this section, may be seized by any law
enforcement officer and shall be destroyed upon the written
consent of the offender or by judicial determination that the
seized goods, tools, or other reproduction materials have attached
or affixed to them a forged or counterfeit trademark or service
mark, unless the owner of the registered or protected trademark or
service mark which has been forged or counterfeited approves a
different disposition. The owner of the registered or protected
trademark shall be responsible for the actual costs incurred in
the disposition of said forged or counterfeited goods.
(b) Any personal property, including, but not limited to, any
item, object, tool, machine, or vehicle of any kind, employed as
an instrumentality in the commission of, or in aiding or abetting
in the commission of, the crime of counterfeiting, as proscribed
by paragraphs (1)(a)-(c), and not otherwise included in paragraph
(a), may be seized and is subject to forfeiture pursuant to ss.
932.701-932.704.
History.--s. 1, ch. 3621, 1885; RS 2481; GS 3361; RGS 5209; CGL
7327; s. 961, ch. 71-136; s. 1, ch. 95-300.
831.04 Penalty for changing or forging certain instruments of
writing.--
(1) Any person making any erasure, alteration, interlineation or
interpolation in any writing or instrument mentioned in s. 92.28,
and made admissible in evidence, with the fraudulent intent to
change the same in any substantial manner after the same has once
been made, shall be guilty of the crime of forgery, which, for the
purposes of this section, constitutes a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(2) Any person who may be in the business of making writings or
written entries, maps or plats concerning or relating to lands or
real estate, in any county in this state to which said sections
apply, and of furnishing to persons applying therefor abstracts or
copies of such writing or written entries, maps or plats as
aforesaid, for a fee, reward or compensation therefor, and shall
make the same with an alteration or interpolation in any matter of
substance, with fraudulent intent to alter or change the same in
any material manner or matter of substance, shall be guilty of the
crime of forgery, and shall be punished as provided in subsection
(1).
History.--s. 6, ch. 4951, 1901; GS 3362; RGS 5210; CGL 7328; s.
962, ch. 71-136.
831.05 Vending goods or services with counterfeit trademarks or
service marks.--
(1) 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 service 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, shall be guilty of the crime of selling or offering
for sale counterfeit goods or services, punishable as follows:
(a) If the goods or services which the offender sells, or offers
for sale, have a retail sale value of $1,000 or more, the offender
commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(b) If the goods or services which the offender sells, or offers
for sale, have a retail sale value of less than $1,000, the
offender commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
(2) 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.
(3) The terms "forged or counterfeit trademark" or "forged or
counterfeit service mark" refer to a mark:
(a) That is identical with or an imitation of a mark registered
for those goods or services on the principal register in the
United States Patent and Trademark Office or the trademark
register for the State of Florida or any other state, or protected
by the Amateur Sports Act of 1978, 36 U.S.C. s. 380, whether or
not the offender knew such mark was so registered or protected;
and
(b) The use of which is unauthorized by the owner of the mark.
(4)(a) Any goods to which the forged or counterfeit trademarks or
service marks are attached or affixed may be seized by any law
enforcement officer and shall be destroyed upon the written
consent of the offender or by judicial determination that the
seized goods have attached or affixed to them a forged or
counterfeit trademark or service mark, unless the owner of the
registered or protected trademark or service mark which has been
forged or counterfeited approves a different disposition. The
owner of the registered or protected trademark shall be
responsible for the actual costs incurred in the disposition of
said forged or counterfeited goods.
(b) Any personal property, including, but not limited to, any
item, object, tool, machine, or vehicle of any kind, employed as
an instrumentality in the commission of, or in aiding or abetting
in the commission of, the crime of selling or offering for sale
counterfeit goods or services, as proscribed by paragraphs
(1)(a)-(b), and not otherwise included in paragraph (a), may be
seized and is subject to forfeiture pursuant to ss.
932.701-932.704.
(5) No owner, officer, employee, or agent who provides, rents,
leases, licenses, or sells real property upon which a violation of
subsection (1) occurs shall be subject to criminal penalty under
this section unless he or she is proven to have actual knowledge
that the mark is counterfeit and is either a principal to the
offense or an accessory after the fact. The above shall not be
deemed to create, delete, or in any way affect any civil claim
which may exist against such person.
History.--s. 52, ch. 1637, 1868; RS 2482; GS 3363; RGS 5211; CGL
7329; s. 963, ch. 71-136; s. 2, ch. 95-300.
831.06 Fictitious signature of officer of corporation.--If a
fictitious or pretended signature, purporting to be the signature
of an officer or agent of a corporation, is fraudulently affixed
to any instrument or writing purporting to be a note, draft or
evidence of debt issued by such corporation, with intent to pass
the same as true, it shall be deemed a forgery, though no such
person may ever have been an officer or agent of such corporation,
or ever have existed.
History.--s. 12, ch. 1637, 1868; RS 2483; GS 3364; RGS 5212; CGL
7330.
831.07 Forging bank bills, checks, drafts, or promissory
notes.--Whoever falsely makes, alters, forges, or counterfeits a
bank bill, check, draft, or promissory note payable to the bearer
thereof, or to the order of any person, issued by an incorporated
banking company established in this state, or within the United
States, or any foreign province, state, or government, with intent
to injure any person, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 4, ch. 1637, 1868; RS 2485; GS 3366; RGS 5214; CGL
7332; s. 964, ch. 71-136; s. 8, ch. 2001-115.
831.08 Possessing certain forged notes, bills, checks, or
drafts.--Whoever has in his or her possession 10 or more similar
false, altered, forged, or counterfeit notes, bills of credit,
bank bills, checks, drafts, or notes, such as are mentioned in any
of the preceding sections of this chapter, payable to the bearer
thereof or to the order of any person, knowing the same to be
false, altered, forged, or counterfeit, with intent to utter and
pass the same as true, and thereby to injure or defraud any
person, commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 5, ch. 1637, 1868; RS 2486; GS 3367; RGS 5215; CGL
7333; s. 965, ch. 71-136; s. 1291, ch. 97-102; s. 9, ch. 2001-115.
831.09 Uttering forged bills, checks, drafts, or notes.--Whoever
utters or passes or tenders in payment as true, any such false,
altered, forged, or counterfeit note, or any bank bill, check,
draft, or promissory note, payable to the bearer thereof or to the
order of any person, issued as aforesaid, knowing the same to be
false, altered, forged, or counterfeit, with intent to injure or
defraud any person, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 6, ch. 1637, 1868; RS 2487; GS 3368; RGS 5216; CGL
7334; s. 966, ch. 71-136; s. 10, ch. 2001-115.
831.10 Second conviction of uttering forged bills.--Whoever,
having been convicted of the offense mentioned in s. 831.09 is
again convicted of the like offense committed after the former
conviction, and whoever is at the same term of the court convicted
upon three distinct charges of such offense, shall be deemed a
common utterer of counterfeit bills, and shall be punished as
provided in s. 775.084.
History.--s. 7, ch. 1637, 1868; RS 2488; GS 3369; RGS 5217; CGL
7335; s. 967, ch. 71-136; s. 11, ch. 2001-115.
831.11 Bringing into the state forged bank bills, checks, drafts,
or notes.--Whoever brings into this state or has in his or her
possession a false, forged, or counterfeit bill, check, draft, or
note in the similitude of the bills or notes payable to the bearer
thereof or to the order of any person issued by or for any bank or
banking company established in this state, or within the United
States, or any foreign province, state or government, with intent
to utter and pass the same or to render the same current as true,
knowing the same to be false, forged, or counterfeit, commits a
felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
History.--s. 8, ch. 1637, 1868; RS 2489; GS 3370; RGS 5218; CGL
7336; s. 968, ch. 71-136; s. 1292, ch. 97-102; s. 12, ch.
2001-115.
831.12 Fraudulently connecting parts of genuine
instrument.--Whoever fraudulently connects together parts of
several banknotes, checks, drafts, or other genuine instruments in
such a manner as to produce one additional note, check, draft, or
instrument, with intent to pass all of them as genuine, commits
forgery as if each of them had been falsely made or forged.
History.--s. 19, ch. 1637, 1868; RS 2490; GS 3371; RGS 5219; CGL
7337; s. 13, ch. 2001-115.
831.13 Having in possession uncurrent bills.--Whoever has in his
or her possession at the same time five or more uncurrent bank
bills or notes, knowing the same to be worthless, or has papers,
not bank bills or notes but made in the similitude of bank bills
or notes of any bank which has never existed, knowing the
character of such papers, with intent to pass, utter or circulate
the same, or to procure any other person to do so, for the purpose
of injuring or defrauding, shall be guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
History.--s. 22, ch. 1637, 1868; RS 2491; GS 3372; RGS 5220; CGL
7338; s. 969, ch. 71-136; s. 1293, ch. 97-102.
831.14 Uttering uncurrent bills.--Whoever utters, or passes or
tenders in payment as true, any such worthless and uncurrent bank
bill or note, or any paper not a bank bill or note but made in the
similitude of a bank bill or note, or any paper purporting to be
the bill or note of any bank which has never existed, knowing the
same to be worthless and uncurrent, as aforesaid, with intent to
injure and defraud, shall be guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.--s. 23, ch. 1637, 1868; RS 2492; GS 3373; RGS 5221; CGL
7339; s. 970, ch. 71-136.
831.15 Counterfeiting coin; having 10 or more such coins in
possession with intent to utter.--Whoever counterfeits any gold,
silver, or any metallic money coin, current by law or usage within
this state, or has in his or her possession at the same time 10 or
more pieces of false money, or coin counterfeited in the
similitude of any gold, silver or metallic coin; current as
aforesaid, knowing the same to be false and counterfeit, and with
intent to utter or pass the same as true, shall be guilty of a
felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
History.--s. 14, ch. 1637, 1868; RS 2493; GS 3374; RGS 5222; CGL
7340; s. 971, ch. 71-136; s. 1294, ch. 97-102.
831.16 Having less than 10 counterfeit coins in possession, with
intent to utter.--Whoever has in his or her possession any number
of pieces less than 10 of the counterfeit coin mentioned in the
preceding section, knowing the same to be counterfeit, with intent
to utter or pass the same as true, or who utters, passes or
tenders in payment as true any such counterfeit coin, knowing the
same to be false and counterfeit, shall be punished by
imprisonment in the state prison not exceeding 10 years, or in the
county jail not exceeding 12 months, or by fine not exceeding
$1,000.
History.--s. 15, ch. 1637, 1868; RS 2494; GS 3375; RGS 5223; CGL
7341; s. 1295, ch. 97-102.
831.17 Violation of s. 831.16; second conviction.--Whoever having
been convicted of either of the offenses mentioned in the
preceding section, is again convicted of either of the same
offenses, committed after the former conviction, and whoever is at
the same term of the court convicted upon three distinct charges
of said offenses, shall be deemed a common utterer of counterfeit
coin and punished by imprisonment in the state prison not
exceeding 20 years.
History.--s. 16, ch. 1637, 1868; RS 2495; GS 3376; RGS 5224; CGL
7342.
831.18 Making or possessing instruments for forging
bills.--Whoever engraves, makes or amends, or begins to engrave,
make or amend, any plate, block, press, or other tool, instrument
or implement, or makes or provides any paper or other material,
adapted and designed for the making of a false and counterfeit
note, certificate, or other bill of credit, purporting to be
issued by lawful authority for a debt of this state, or a false or
counterfeit note or bill, in the similitude of the notes or bills
issued by any bank or banking company established in this state,
or within the United States, or in any foreign province, state or
government; and whoever has in his or her possession any such
plate or block engraved in any part, or any press or other tool,
instrument or any paper or other material adapted and designed as
aforesaid, with intent to issue the same, or to cause or permit
the same to be used in forging or making any such false and
counterfeit certificates, bills or notes, shall be punished by
imprisonment in the state prison not exceeding 10 years, or by
fine not exceeding $1,000.
History.--s. 9, ch. 1637, 1868; RS 2496; GS 3377; RGS 5225; CGL
7343; s. 1296, ch. 97-102.
831.19 Making or having instruments for counterfeiting
coin.--Whoever casts, stamps, engraves, makes or amends, or
knowingly has in his or her possession any mould, pattern, die,
puncheon, engine, press or other tool or instrument, adapted and
designed for coining or making counterfeit coin in the similitude
of any gold, silver or metallic coin, current by law or usage in
this state, with intent to use or employ the same, or to cause or
to permit the same to be used or employed in coining and making
any such false and counterfeit coin as aforesaid, shall be
punished by imprisonment in the state prison not exceeding 10
years, or by fine not exceeding $1,000.
History.--s. 17, ch. 1637, 1868; RS 2497; GS 3378; RGS 5226; CGL
7344; s. 1297, ch. 97-102.
831.20 Counterfeit bills and counterfeiters' tools to be
seized.--When false, forged or counterfeit bank bills or notes, or
plates, dies or other tools, instruments or implements used by
counterfeiters, designed for the forging or making of false or
counterfeit notes, coin or bills, or worthless and uncurrent bank
bills or notes described in this chapter shall come to the
knowledge of any sheriff, police officer or other officer of
justice in this state, such officer shall immediately seize and
take possession of and deliver the same into the custody of the
court having jurisdiction of the offense of counterfeiting in the
county, and the court shall, as soon as the ends of justice will
permit, cause the same to be destroyed by an officer of the court
who shall make return to the court of his or her doings in the
premises.
History.--s. 25, ch. 1637, 1868; RS 2498; GS 3379; RGS 5227; CGL
7345; s. 32, ch. 73-334; s. 1298, ch. 97-102.
831.21 Forging or counterfeiting doctor's certificate of
examination.--Whoever falsely makes, alters, forges or
counterfeits any doctor's certificate or record of examination to
an application for a policy of insurance, or knowing such doctor's
certificate or record of examination to be falsely made, altered,
forged or counterfeited, shall pass, utter or publish such
certificate as true, with intent to injure or defraud any person,
shall be deemed guilty of forgery, and upon conviction thereof
shall be punished by imprisonment in the state penitentiary not
exceeding 5 years, or by fine not exceeding $500.
History.--s. 1, ch. 4525, 1897; GS 3380; RGS 5228; CGL 7346.
831.22 Damaging bank bills.--Whoever willfully and maliciously
cuts, or in any manner damages and impairs the usefulness for
circulation of any bank bill or note of any bank in this state,
shall be guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.083, but the possession or uttering of a
bill so damaged shall not be evidence against the party charged,
unless connected with other circumstances tending to prove that
the note or bill was damaged by him or her.
History.--s. 20, ch. 1637, 1868; RS 2725; GS 3717; RGS 5700; CGL
7914; s. 972, ch. 71-136; s. 1299, ch. 97-102.
831.23 Impeding circulation.--Whoever maliciously gathers up or
retains or maliciously does any gathering up or retaining any
bills or notes of any bank or banking company current by law or
usage in this state for the purpose of endangering or impeding the
circulation or business of such bank or banking company, or to
compel it to do any act whatever out of its usual course of
business, shall be guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083. In the
prosecution of any such offense it will not be necessary to set
out and describe each bill, but it shall be sufficient to aver and
prove any amount of the bills of any bank which has been gathered
up or retained.
History.--s. 21, ch. 1637, 1868; RS 2726; GS 3718; RGS 5701; CGL
7915; s. 973, ch. 71-136.
831.24 Issuing shop bills similar to bank notes.--Whoever
engraves, prints, issues, utters or circulates a shop bill or
advertisement in the similitude, form and appearance of a bank
bill, on paper similar to paper used for bank bills, with
vignettes, figures or decoration used on bank bills, or having the
general appearance of a bank bill, shall be guilty of a
misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--s. 24, ch. 1637, 1868; RS 2727; GS 3719; RGS 5702; CGL
7916; s. 974, ch. 71-136.
831.25 Bringing private bills similar to bank bills into the
state.--Whoever brings into this state, with intent to pass the
same therein, any bills or notes in the likeness of banknotes,
which said bills or notes are or have been issued by private
individuals or private unincorporated companies in any or either
of the states in the United States, shall be guilty of a
misdemeanor of the second degree, punishable as provided in s.
775.083.
History.--s. 1, Dec. 22, 1824; RS 2728; GS 3720; RGS 5703; CGL
7917; s. 975, ch. 71-136.
831.26 Circulating any substitute for regular currency.--Whoever
issues or circulates, or causes to be issued or circulated, or
assists in issuing or circulating as a substitute in any respect
for the currency recognized by law, any scrip, notes, bills, or
any other written, engraved or lithographed paper payable in
anything other than money, shall be guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.083.
History.--s. 1, ch. 3140, 1879; RS 2729; GS 3721; RGS 5704; CGL
7918; s. 976, ch. 71-136; s. 242, ch. 77-104.
831.27 Issuing notes.--Whoever issues any note, bill, order or
check, other than foreign bills of exchange and notes or bills of
some bank or company incorporated by the laws of this state, or by
the laws of the United States, or by the laws of either of the
British provinces in North America, with intent that the same
shall be circulated as currency, shall be guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.083.
History.--s. 18, ch. 1637, 1868; RS 2730; GS 3722; RGS 5705; CGL
7919; s. 977, ch. 71-136.
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. 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.
831.29 Making or having instruments and material for
counterfeiting driver's licenses or identification cards.--Any
person who has control, custody, or possession of any plate,
block, press, stone, or other tool, instrument, or implement, or
any part thereof; engraves, makes, or amends, or begins to
engrave, make, or amend, any plate, block, press, stone, or other
tool, instrument, or implement; brings into the state any such
plate, block, press, stone, or other tool, instrument, or
implement, or any part thereof, in the similitude of the driver's
licenses or identification cards issued by the Department of
Highway Safety and Motor Vehicles or its duly authorized agents or
those of any state or jurisdiction that issues licenses recognized
in this state for the operation of a motor vehicle or that issues
identification cards recognized in this state for the purpose of
indicating a person's true name and age; has control, custody, or
possession of or makes or provides any paper or other material
adapted and designed for the making of a false and counterfeit
driver's license or identification card purporting to be issued by
the Department of Highway Safety and Motor Vehicles or its duly
authorized agents or those of any state or jurisdiction that
issues licenses recognized in this state for the operation of a
motor vehicle or that issues identification cards recognized in
this state for the purpose of indicating a person's true name and
age; has in his or her possession, control, or custody any such
plate or block engraved in any part, or any press or other tool or
instrument or any paper or other material adapted and designed as
aforesaid with intent to sell, issue, publish, pass, or utter the
same or to cause or permit the same to be used in forging or
making any such false or counterfeit driver's license or
identification card; or prints, photographs, or in any manner
makes or executes any engraved photograph, print, or impression by
any process whatsoever in the similitude of any such licenses or
identification cards with the intent to sell, issue, publish, or
utter the same or to cause or permit the same to be used in
forging or making any such false and counterfeit driver's license
or identification card of this state or any state or jurisdiction
that issues licenses recognized in this state for the operation of
a motor vehicle or that issues identification cards recognized in
this state for the purpose of indicating a person's true name and
age is guilty of a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 1, ch. 65-278; s. 1, ch. 69-313; ss. 24, 35, ch.
69-106; s. 978, ch. 71-136; s. 32, ch. 73-334; s. 58, ch. 89-282;
s. 1300, ch. 97-102; s. 5, ch. 97-206.
831.30 Medicinal drugs; fraud in obtaining.--Whoever:
(1) Falsely makes, alters, or forges any prescription, as defined
in 1s. 465.031(2), for a medicinal drug other than a drug
controlled by chapter 893;
(2) Knowingly causes such prescription to be falsely made,
altered, forged, or counterfeited; or
(3) Passes, utters or publishes such prescription or otherwise
knowingly holds out such false or forged prescription as true,
with intent to obtain such drug, shall be guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s.
775.083. A second or subsequent conviction shall constitute a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
History.--s. 1, ch. 71-331; s. 1, ch. 72-234; s. 30, ch. 73-331.
1Note.--Repealed by s. 4, ch. 79-226.
831.31 Counterfeit controlled substance; sale, manufacture,
delivery, or possession with intent to sell, manufacture, or
deliver.--
(1) It is unlawful for any person to sell, manufacture, or
deliver, or to possess with intent to sell, manufacture, or
deliver, a counterfeit controlled substance. Any person who
violates this subsection with respect to:
(a) A controlled substance named or described in s. 893.03(1),
(2), (3), or (4) is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A controlled substance named or described in s. 893.03(5) is
guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
(2) For purposes of this section, "counterfeit controlled
substance" means:
(a) A controlled substance named or described in s. 893.03 which,
or the container or labeling of which, without authorization bears
the trademark, trade name, or other identifying mark, imprint, or
number, or any likeness thereof, of a manufacturer other than the
person who in fact manufactured the controlled substance; or
(b) Any substance which is falsely identified as a controlled
substance named or described in s. 893.03.
History.--s. 2, ch. 81-53; s. 4, ch. 89-281; s. 2, ch. 92-19; s.
102, ch. 97-264; s. 104, ch. 99-3; s. 8, ch. 99-186; s. 18, ch.
2000-320; s. 8, ch. 2002-78.
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