Category: Criminal Offenses · Statute: F.S. 831.07 · Source: Florida Legislature
Understanding Counterfeiting in Florida
In Florida, counterfeiting is a serious theft and fraud-related offense governed by Chapter 831 of the Florida Statutes. Under F.S. 831.07, it is unlawful to forge, counterfeit, or alter any gold or silver coin current within the state, or to possess ten or more such counterfeit pieces with the intent to utter (pass) them as genuine. While many associate counterfeiting exclusively with federal cases involving paper currency, Florida state law actively prosecutes individuals who manufacture, possess, or attempt to circulate fake coins, bills, or other financial instruments with the specific intent to defraud a person or business.
To secure a conviction under Florida law, prosecutors must prove more than the mere possession of a counterfeit item; they must establish that the accused had knowledge that the currency or instrument was forged and possessed the specific intent to defraud someone with it. This distinction is crucial, as an innocent consumer who unknowingly receives a counterfeit bill in change and later tries to spend it lacks the criminal intent required for a conviction. When prosecuted as a third-degree felony under state law, a conviction carries penalties of up to five years in prison and fines of up to $5,000.
How Counterfeiting Charges Impact Bail in Florida
Because counterfeiting involves financial fraud and deceit, judges at first appearance hearings closely scrutinize the defendant's flight risk and potential danger to the community's financial institutions. If the arrest involves a large-scale counterfeiting operation or the possession of specialized manufacturing equipment, the court may perceive a higher risk of continued criminal activity and set a more substantial bond. Securing a bail bond through a licensed Florida agency allows the defendant to secure their release promptly, ensuring they can work with a defense attorney to challenge the state's evidence regarding knowledge and intent.