FORGERY AND COUNTERFEITING
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This section of Florida law is provided for informational purposes
only. This section does not include case law construction and is not
intended to constitute legal interpretation nor advice.
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