Counterfeit Payment Instrument
Counterfeiting or possessing a counterfeit payment instrument with intent to defraud.
Florida Statute
§ 831.28
Counterfeiting a payment instrument; possessing a counterfeit payment instrument; penalties
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
This covers a counterfeit payment instrument such as a check made without permission or using fictitious account information, with the required intent to defraud.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant counterfeited a payment instrument or possessed a counterfeit payment instrument.
Plain language: The defendant made or had a fake payment instrument.
- Element 2AND — Required
The State must prove all of the following
The defendant acted with intent to defraud a financial institution, account holder, or other person or organization.
Plain language: The defendant intended to deceive or cause financial loss.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsImportant Definitions
Important Definitions
Counterfeit payment instrument
A payment instrument manufactured without permission using the named financial institution, account holder, routing number, or account number, or made with fictitious such information.