Arrestable Offenses / Crimes under Fla. Stat. 831.01
CopyCited 277 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3686484
...[8] *883 The complaint also alleges that the Appellants engaged in the following unfair or deceptive acts or practices: making or disseminating false and misleading advertisements in violation of sections
817.06 and
817.41, Florida Statutes (2001), forging consumers' signatures on inspection documents in violation of section
831.01, Florida Statutes (2001), defrauding and cheating consumers in violation of section
817.29, Florida Statutes (2001), and improperly accepting annual renewal payments and other money from consumers in violation of section
812.014, Florida Statutes (2001)....
CopyCited 35 times | Published | Supreme Court of Florida | 2006 WL 59332
...several traffic infractions, [Dixon] provided a false name to the officer. That name was placed on the traffic citation, which [Dixon] signed using the false name. When it was learned that [Dixon] gave a false name, he was charged with forgery under section 831.01 and driving without a valid driver's license....
...tially eradicates all prosecutions for forgery of a traffic citation. Under Florida's statutory scheme, to obtain a conviction for forgery the State must demonstrate that the alleged document forged falls within the classes of documents specified in section 831.01 of the Florida Statutes (2005)....
CopyCited 23 times | Published | Florida 5th District Court of Appeal | 1990 WL 179049
...0,000 fine. Three counts of second degree grand theft, section
812.014(1), (2)(b), Florida Statutes (1987): 15 years concurrent probation on each count, consecutive to the 30 years imprisonment for first degree grand theft. Eleven counts of forgery, section
831.01, Florida Statutes (1987): 5 years probation on each count, concurrent with each other....
...The elements of theft are all included in the elements of organized fraud even though identical terminology is not used in the two statutes. One cannot be convicted of both organized fraud and theft for the same act without a double jeopardy violation. On the other hand, the elements of forgery, section 831.01, Florida Statutes (1987), may be summarized as (1) falsely making, altering, forging, or counterfeiting various kinds of papers (2) with intent to injure or defraud any person....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 1995 WL 552814
...Brown was charged with multiple counts of grand theft and petit theft, in violation of section
812.014, Florida Statutes (1981), and uttering a forgery, in violation of section
831.02, Florida Statutes (1981). He was also charged with one count of forgery, in violation of section
831.01, Florida Statutes (1981)....
CopyCited 19 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 905
...timony and returned a verdict of guilty. The trial court sentenced the appellant to serve for the offense a period of two years at hard labor in the State Prison. An appeal has been perfected here. The information was drafted under the provisions of Section 831.01, F.S.A., and pertinent portions thereof are viz.: *454 "W.E....
...For the first time, after the jury's verdict, and in a motion for a new trial counsel contends that the information was fatally defective in that it failed or omitted to allege that the appellant committed forgery "with the intent to defraud", which is an essential element under Section 831.01, supra....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1995 WL 316330
...State,
550 So.2d 544 (Fla. 4th DCA 1989); Parker v. State,
539 So.2d 1168, 1169 (Fla. 1st DCA), review denied,
547 So.2d 1210 (Fla. 1989). Convictions AFFIRMED; Sentences VACATED; REMANDED for resentencing. HARRIS, C.J., and GRIFFIN, J., concur. NOTES [1] §
831.01, Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 80 A.L.R. 2d 261
...ch he was convicted, is declared to be a crime in this state by Section
831.02, Florida Statutes, F.S.A., which reads as follows: "Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in §
831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be punished by imprisonment in the state prison not exceeding ten years, or in the county jail not exceeding one year." (Emphasis supplied.) Section
831.01, referred to in the quoted section, describes the crime of forgery and mentions such writings as writing obligatory, orders for money, among others, and clearly contemplates the forging of a check....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 429271
..."Forgery exists under Florida law where the defendant makes a writing which falsely purports to be the writing of another, made with the intent to injure or defraud any person." Jamnadas v. Singh,
731 So.2d 69, 71 (Fla. 5th DCA 1999) The instrument in question must have some legal efficacy. Id. (citation omitted); §
831.01, Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 49 A.L.R. 2d 847
...The only question here presented is whether or not the facts of this case make out the crime of forgery, with which appellant was charged. In considering the question, it may be helpful at the outset to restate some general principles. Our forgery statute, F.S. § 831.01, F.S.A., makes whoever "forges" documents of specified classes "with intent to injure or defraud any person" liable to a maximum of ten years' imprisonment....
...ant case and that it has not been proved that his intent in using the fictitious name "Jimmy Smith" was to deceive the transferee as to his true identity. This brings us to consider the nature of the "intent" required under our forgery statute, F.S. § 831.01, F.S.A., and emphasizes the peculiar applicability of the Milton case to the problem before us....
...Insofar as it pertains to the requirement of intent as an element of the crime of forgery, Title 6, D.C.Code 1929, Sec. 86, under which the Milton case [71 App.D.C. 394,
110 F.2d 560] arose is greatly similar in language and identical in meaning to F.S. §
831.01, F.S.A., under which the instant case arises. The critical language of Sec. 86 of the D.C.Code is "with the intent to defraud or prejudice the right of another * * *", whereas the analogous language of F.S. §
831.01, F.S.A., is, as we have previously noted, "with intent to injure or defraud any person * * *"....
CopyCited 8 times | Published | Supreme Court of Florida | 45 A.L.R. 2d 1360
...An examination of other Florida statutes that do not pertain to wills but that do have to do with attestations generally lends further support to the conclusion that the words were intended to be used in the broader sense and include the notion of subscription. In section 831.01, Florida Statutes 1951, F.S.A., for example, it is provided, in effect, that whoever falsely makes, alters, forges or counterfeits an attestation of any public officer, in relation to a matter wherein such attestation may be received a...
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1990 WL 7623
...The court ordered him to serve concurrent sentences of 30 months in prison and 5 years' probation, a total sanction of 7 1/2 years, for two third-degree felony convictions. After being initially charged, he pleaded guilty to a one-count information charging forgery of a check in the amount of $12.11 in violation of section 831.01, Florida Statutes (case no....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1989 WL 147384
...ss record; nor was any other exception to the general rule excluding hearsay evidence established. Accordingly, we quash the order of revocation and the judgment and sentences imposed. REVERSED. DANIEL, C.J., and COBB, J., concur. NOTES [1] Forgery; section
831.01, Florida Statutes (1987); uttering a false or forged instrument, section
831.02, Florida Statutes (1987)....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1996 WL 714012
...o traffic tickets. He argues on appeal that his crime was merely the misdemeanor offense of making a false official statement in writing under section
837.06, Florida Statutes (1993), *857 not forgery, the crime of which he was convicted. We affirm. Section
831.01, Florida Statutes (1995), defines the crime of forgery as follows: 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, not...
...[3] Moreover, prosecuting the offenses as the felony of forgery, even if the same conduct is treated as a misdemeanor by a separate statute, is permissible. See State v. Cogswell,
521 So.2d 1081 (Fla.1988). [4] AFFIRMED. PETERSON, C.J., and GRIFFIN and ANTOON, JJ., concur. NOTES [1] §
831.01, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2007 WL 750528
...ny person not entitled thereto." See §
812.014(1), Fla. Stat. (2003). The forgery charge alleged the false making, altering, forging, or counterfeiting of "a public record to wit: a marriage certificate, with intent to injure or defraud. . . ." See §
831.01, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2002 WL 31093939
...The court should not grant a motion for judgment of acquittal unless the evidence, when viewed in a light most favorable to the State, fails to establish a prima facie case of guilt. Id. (citing Dupree v. State,
705 So.2d 90, 93 (Fla. 4th DCA 1998) (en banc)). Pursuant to section
831.01, Florida Statutes (1999), "forgery" is defined as: *474 [w]hoever falsely makes, alters, forges or counterfeits a ......
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1999 WL 176232
...writing of another, made with the intent to injure or defraud any person. The instrument in question additionally must have some legal efficacy. See Rushing v. State,
684 So.2d 856 (Fla. 5th DCA 1996), rev. denied,
694 So.2d 739 (Fla.1997). See also §
831.01, Fla....
...GOSHORN and HARRIS, JJ., concur. NOTES [1] There are no allegations in the third amended complaint that the mortgagees had any knowledge that the plaintiffs had supplied any funds to the Singhs, or that the mortgagees participated in any fraud against the plaintiffs. [2] Section 831.01 provides: 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...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22514534
...Veilleux signed traffic citations for reckless driving and driving without a valid driver's license using the name "Mark Lee White." The police discovered Mr. Veilleux's true identity when they heard a passenger refer to him by a nickname. The State charged Mr. Veilleux with forgery pursuant to section 831.01, Florida Statutes (2002)....
...Finally, I would hold that section
316.650(9), Florida Statutes (2002), should not be followed as a procedural rule of evidence until such time as the supreme court adopts this rule of evidence. The State charged Mr. Veilleux with forgery of a public record pursuant to section
831.01, Florida Statutes (2002)....
...NOTES [1] "Florida courts have recognized that signing another person's name to a traffic citation constitutes a forgery." Dixon,
812 So.2d at 596 (citing Rushing v. State,
684 So.2d 856 (Fla. 5th DCA 1996)). [2] The elements of forgery of a traffic citation pursuant to section
831.01 are: (1) the defendant signed someone else's name on a traffic citation (2) with intent to injure or defraud any person....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1996 WL 324661
...We find this fulfills the jurisdictional requirements for the statewide prosecutor. AFFIRMED in part; REVERSED in part and REMANDED. PETERSON, C.J., and COBB, J., concur. NOTES [1] §
895.03(3), Fla.Stat. [2] §
895.03(4), Fla.Stat. [3] § 817.036, Fla.Stat. [4] §
812.014(2), Fla.Stat. [5] §
319.35(1)(a), Fla.Stat. [6] §
831.01, Fla.Stat....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2008 WL 2596658
...Section
775.15, Florida Statutes, sets out the statutes of limitations for different degrees of criminal offenses. Unless otherwise provided, the prosecution for second and third degree felonies must be commenced within three years after commission of the offense. §
775.15(2)(b), Fla. Stat. Forgery is an offense under section
831.01 and dealing in stolen property is an offense under section
812.019....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Gardner, Public Defender, Sarasota, and Ellen Condon, Asst. Public Defender, Tampa, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee. GRIMES, Judge. Appellant was convicted of a third degree felony under § 831.01, F.S.A., and sentenced to five years....
...While upholding the conviction under the prior statute, the court held that its penalty provisions had been superseded by the penalty provisions of the later act. In Strada v. State, Fla. App.4th, 1972,
267 So.2d 702, that court went a step further and held that where the conduct of a defendant convicted under §
831.01, F.S.A., constituted a violation of §
817.61, F.S.A., the defendant was entitled to be sentenced under the more lenient penal provisions of the latter statute....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 500227
...ffic infractions, appellant provided a false *596 name to the officer. That name was placed on the traffic citation, which appellant signed using the false name. When it was learned that appellant gave a false name, he was charged with forgery under section 831.01 and driving without a valid driver's license....
...*597 POLSTON, J., dissenting. I respectfully dissent because I would not apply section
316.650(9), Florida Statutes (2000) to the forged traffic citation. After it was discovered that Appellant had given a false name, he was charged by information with forgery under section
831.01, Florida Statutes (2000), and driving without a valid driver's license....
...the forgery charge. See Rushing v. State,
684 So.2d 856, 857 (Fla. 5th DCA 1996)(holding that "[a] defendant's signature on a traffic ticket seems to operate as an appearance bond, so signing another's name on a ticket would be forgery" pursuant to §
831.01)....
...3d DCA 1979)(holding that the accident report privilege statute did not apply because a staged collision should not be considered as an accident). Accordingly, I would affirm the trial court's ruling to admit the forged traffic citation as evidence in the trial against Appellant for forgery under section 831.01....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...*762 Solomon & Mendelow and Harold Mendelow, Miami Springs, for appellee. Before HUBBART, C.J., and BASKIN and DANIEL S. PEARSON, JJ. HUBBART, Chief Judge. The central question presented for review by this appeal is whether it is a forgery proscribed by Section 831.01, Florida Statutes (1979), for a person to make a false birth certificate with the name of a fictitious public office affixed thereto with intent to injure or defraud another. We hold that such an act constitutes a forgery of a public record under Section 831.01, Florida Statutes (1979), so long as: (1) the fictitious public office affixed thereto otherwise purports to be a genuine public office; and (2) the birth certificate is on its face of some apparent legal efficacy. We, accordingly, reverse the order under review which dismissed the information in this cause and remand for further proceedings. I The defendant Jorge Escobedo was charged by information with three counts of forgery [831.01, Fla....
...ly filed traverse that there is no such public office in the State of New York as the State Registrar, the office being entirely fictitious. [1] It was urged by the defendant that he, therefore, could not lawfully be found guilty of forgery under Section
831.01, Florida Statutes (1979), as one cannot commit a forgery by making an otherwise false birth certificate if he affixes thereto the name of a fictitious public *764 office. [2] The trial court agreed and dismissed the information. The state appeals from this order, which appeal we have jurisdiction to entertain. §
924.07(1), Fla. Stat. (1979); see also Fla.R.App.P. 9.140(c)(1)(A). II "Our forgery statute, F.S. §
831.01, F.S.A., makes whoever `forges' documents of specified classes `with intent to injure or defraud any person' liable to a maximum of [five] years' imprisonment....
...254 (1901) (syllabus by court, no. 2). On the other hand, "[a] mere brutum fulmen, on its face utterly valueless and of no binding force or efficacy for any purpose of harm, liability or injury to any one, cannot be the subject of forgery." Id. at 219,
31 So. at 254. Section
831.01, Florida Statutes (1979), sets out the instruments which may be the subject of forgery as follows: "......
...This element is satisfied when there is either an intent to injure [i.e., prejudice] another or an intent to defraud another. Green v. State,
76 So.2d at 648. *765 III Turning to the instant case, we have no difficulty in concluding that the defendant's actions herein constitute a forgery under Section
831.01, Florida Statutes (1979)....
...ords. Both represent, in our view, false public records and both are punishable as forgery under the established law. See generally, Annot., 69 A.L.R.2d 1095 (1960); Annot., 49 A.L.R.2d 852 (1956). Second, the instrument forged is clearly covered by Section 831.01, Florida Statutes (1979), as a public record having on its face an apparent legal efficacy....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1992 WL 235339
...SHARP and COWART, JJ., concur. NOTES [1] Orders granting motions to dismiss in criminal cases are appealable. State v. Smith,
578 So.2d 826 (Fla. 5th DCA 1991); State v. Saufley,
574 So.2d 1207 (Fla. 5th DCA 1991). [2] §
319.35(1)(a), Fla. Stat. (1989). [3] §
831.01, Fla....
CopyCited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 83962, 2008 WL 4527826
...194-10]). Hames sought a warrant to search Sosa's residence for documents related to the following felonies: "grand theft, forgery, [and] offenses involving vehicle identification numbers, applications and certificates, Florida State Statutes,
812.014,
831.01, and
319.33 respectively." ( Id....
...Defendants assert that (1) Sosa was in possession of forged certificates of destruction and (2) Sosa transferred vehicles with forged certificates of destruction to U-Pull-It in violation of Florida law. Defendants rely on Florida Statute Sections
831.01 and
831.02 as their bases for probable cause to arrest. Florida Statute Section
831.01 makes it a felony to falsely make, alter, forge, or counterfeit "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 relatio...
...obligatory, letter of attorney, policy of insurance, bill of lading...." Florida Statute Section
831.02 similarly makes it a felony to "utter[ ] and publish[] as true a false, forged or altered record, deed, instrument or other writing mentioned in §
831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person." With respect to Defendants' first probable cause argument, neither statute makes mere possession of a forged instrument criminal,...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...or fictitious license under section
322.212(1)(a). Id.
The defendant argued that the State should be required to prove "a
specific intent to injure or defraud." Id. at 594. This court stated that although the
general prohibition against forgery in section
831.01, Florida Statutes (2001), expressly
required "the forgery be committed 'with intent to injure or defraud,' " section
322.212
contained no similar requirement....
...requirement for intent in the definition of a crime")).
Florida's forgery statute provides that "[w]hoever falsely makes, alters,
forges or counterfeits a public record . . . with intent to injure or defraud any person,
shall be guilty of a felony of the third degree." § 831.01, Fla....
CopyCited 1 times | Published | Supreme Court of Florida
...The petitioner contends that since the forgery information failed to allege that he had received something of value for the forged checks, he could not have been convicted of committing a felony. He cites: State ex rel. Shargaa v. Culver, Fla.,
113 So.2d 383; Section
831.01, Florida Statutes, as Amended by Chapter 59-31, Laws of Florida, 1959, F.S.A....
...There is no merit whatever to the first point raised by the petitioner even though the amount of each check was much less than $100 and even though it was not alleged that he received anything of value in exchange therefor. The crime of forgery denounced by Section 831.01, Florida Statutes, 1957, F.S.A., in effect at the time of the commission of the offense, *631 authorized imprisonment in the State Penitentiary for a period not exceeding ten years....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1791705
...[7] The complaint also alleges that the Appellants engaged in the following unfair or deceptive acts or practices: making or disseminating false and misleading advertisements in violation of sections
817.06 and
817.41, Florida Statutes (2001), forging consumers' signatures on inspection documents in violation of section
831.01, Florida Statutes (2001), defrauding and cheating consumers in violation of section
817.29, Florida Statutes (2001), and improperly accepting annual renewal payments and other money from consumers in *1194 violation of section
812.014, Florida Statutes (2001)....
CopyCited 1 times | Published | District Court, S.D. Florida
...Padron allegedly did not have the authority to bind PWC in this transaction does not make his genuine signature a forgery. Florida law, both statutory and decisional, is that forgery requires the making of a writing that falsely purports to be the writing of another, with intent to defraud. See, e.g., Fla. Stat. § 831.01; Watkins v....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 14387, 2003 WL 22190021
...The defendant stole the check, filled in his name on the payee line, and cashed the check at a local liquor store. He was convicted of theft, forgery, and uttering a forged instrument. He does not challenge the conviction for theft. On this appeal the defendant contends that his conduct does not qualify as forgery under section 831.01, Florida Statutes (2001), which provides in relevant part that “[w]hoever falsely makes, alters, forges or counterfeits .......
CopyPublished | Florida 5th District Court of Appeal | 1993 WL 372169
...remand for further proceedings. REVERSED and REMANDED. HARRIS, C.J., and GOSHORN, J., concur. NOTES [1] See Fla.R.App.P. 9.140(c)(1)(B). [2] §
817.034(4)(a)(3), Fla. Stat. (1989). [3] §§
812.014(1),
812.014(2)(c)(1), Fla. Stat. (Supp. 1988). [4] §
831.01, Fla....
CopyPublished | Supreme Court of Florida | 1967 Fla. LEXIS 3437
...ng Article XI, Rule
11.02(3) (b), Canon 11 of the Canons of Professional Ethics and Rules 1, 23, 27, 28, 30 and 32 of the Additional Rules Governing the Conduct of Attorneys in Florida, 32 F.S.A.; that respondent admitted the forgery as defined by F.S.
831.01, F.S.A., uttering a forged instrument as defined by F.S....
CopyPublished | Florida 3rd District Court of Appeal | 1969 Fla. App. LEXIS 5121
the intention to injure or defraud another. Section 831.-01, F.S.1967,- F.S.A. The court thereupon summarily
CopyPublished | Florida 1st District Court of Appeal
...ived *377 concurrent five-year sentences for the offenses of forgery and uttering a forgery, each to be served "at hard labor". We treat the petition as one to amend said sentences. When the petitioner was before the court for judgment and sentence, Section 831.01, Florida Statutes (1969) was applicable and provided a maximum sentence of ten years for such offense....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2354, 1988 Fla. App. LEXIS 4673, 1988 WL 107390
PER CURIAM. We reverse the order revoking probation in this case because the evidence fails to support a violation of section 831.01, Florida Statutes. Although appellant’s conduct may have violated other federal and state statutes, the court made an explicit finding of violation only of § 831.01....
CopyPublished | Supreme Court of Florida | 45 A.L.R. 2d 1360, 1954 Fla. LEXIS 1781
...An examination of other Florida statutes that do not pertain to wills but that do have to do with attestations generally lends further support to the conclusion that the words were intended to be used in the broader sense and include the notion Of subscription. In section 831.01, Florida Statutes 1951, F.S.A., for example, it is provided, in effect, that whoever falsely makes, alters, forges or counterfeits an attestation of any public officer, in relation to a matter wherein such attestation may be received as legal proof, with intent to injure or defraud any....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6195
...Record in and for Broward County, Florida. It appears from the record before us that the defendant was charged by information with forging a receipt for merchandise on 25 April 1969 by signing thereon the name of one Robert D. Fetter in violation of Section 831.01 F.S.1969, F.S.A....
...dit card was issued on a receipt for goods used in conjunction with the credit card. It seems to be the contention of the defendant that the conduct with which he was charged, although a violation of the statute on which the information was founded, Section
831.01, was also a violation of Section
817.61, F.S.1969, F.S.A., which is a part of the State Credit Card Crime Act of 1967....
...This holding was based solely on what we conceived to be the intent of the legislature as manifested by the State Credit Card Crime Act and specifically Section
817.68 thereof. The same rationale may apply to the situation now before the court. If the conduct of the defendant in the present case which violated Section
831.01, F.S....
CopyPublished | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 2451, 1988 Fla. App. LEXIS 4837, 1988 WL 117175
...wingly submitting to the University of Florida an altered “record, to wit: a school tran-script_” The court dismissed this information upon appellee’s motion, determining that section
831.02 proscribes uttering only those records delineated in section
831.01, Florida Statutes, and that appellant’s academic transcript is not such a record. Section
831.02 prohibits uttering: ... a false, forged or altered record, deed, instrument or other writing mentioned in s.
831.01_ Section
831.01 addresses the forgery of a “public record” and various other specified documents....
...tly construed. See Ferguson, supra; State v. Winters,
346 So.2d 991 (Fla. 1977); see also section
775.021(1), Florida Statutes. We agree with the trial court that section
831.02 proscribes uttering only such records and documents as are mentioned in section
831.01, and that the state’s information does not charge an offense under section
831.02. The allegation that appellee uttered an altered record relates to a private academic transcript, which is neither a public record nor other document identified in section
831.01. Uttering such a transcript is therefore not a violation of section
831.02, as strictly construed in pari materia with section
831.01....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4585
...After a joint non-jury trial, they were convicted in the Criminal Court of Record in and for Dade County, Florida as follows: Appellant Folk was found guilty of uttering a forged instrument. .(Fla.Stat.196S, §
831.02, F.S.A.) 1 appellant Liquari was convicted of forgery (Fla.Stat., §
831.01, F.S....
...State, Fla.1955,
76 So.2d 645 , 49 A.L.R.2d 847 , the Court held that the use of a fictitious name in endorsing a cheque was a violation of the forgery statute. That case does not support the appellant’s conclusion that the acts in this case were not prohibited by section
831.01, Fla.Stat.1965, F.S.A....
...United States, 5th Cir.1959,
271 F.2d 775 . The judgments and sentences are each affirmed. Affirmed. . Section “831.02 Uttering forged instruments. — Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in §
831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be punished by imprisonment in the state prison * * *.” . Section “
831.01 Forgery....
CopyPublished | Florida 5th District Court of Appeal | 1989 WL 129799
...Therefore, it was error for the trial court to score the six points for legal constraint. Accordingly, we quash the sentence and remand for resentencing. QUASH sentence; REMAND. DANIEL, C.J., and HARRIS, Associate Judge, concur. NOTES [1] §
831.02, Fla. Stat. (1987) (uttering a false or forged instrument); §
831.01, Fla....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14930
MORIARTY, W. H., Associate Judge. The appellant William R. Pastoria was charged on three Counts by an Amended Information in the Circuit Court for Palm Beach County with Forgery of Credit Card in violation of Section 831.01, F.S.1969, F....
...This holding was based solely on what we conceived to be the intent of the legislature as manifested by the State Credit Card Crime Act and specifically Section
817.68 thereof. It appears from the record in the present case that the conduct of the defendant which violated Section
831.01, F.S.1969, F....
...iolation of Section
817.61, F.S.1969, F.S.A. and Section
817.60(2), F.S.1969, F.S.A. which are Counts II and III of the same Amended Information. It is the Court’s view and the Court so holds that where the defendant is charged with a violation of Section
831.01, F.S....
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 1869, 1992 WL 36977
...Next, although not raised by the appellant, the written sentence reflects that appellant was charged under section
817.60, Florida Statutes, with five counts of forgery of a credit card ticket. The amended informations, however, changed these counts of forgery under section
831.01, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 948849, 2014 Fla. App. LEXIS 3488
...The following morning he noticed that the checks were missing, but he did not know who took the checks. He did not know Mr. Carr and did not fill out the check that Mr. Carr had attempted to cash. He noted that the check was written for lawn work and that Mr. Carr had never done lawn work for him. Section 831.01, Florida Statutes (2011), provides that the crime of forgery is committed when a person “falsely makes, alters, forges or counterfeits ......
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 8082
deed, instrument or other writing mentioned in §
831.01 knowing the same to be false, altered, forged
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4557
PER CURIAM. Appellant, defendant in the trial court, was charged with forging and uttering certain bank checks in the amount of $68.50 each in two counts in violation of Section
831.01 and
831.02 of Florida Statutes, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 21386
Appellant was prosecuted in four counts under section
831.01, the general forgery statute which was originally
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13761
Appellant was prosecuted in four counts under section
831.01, the general forgery statute which was originally
CopyPublished | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 13700
...The appellant, John Gadson, was convicted of forgery. He appeals, contending the state failed to prove the element of intent. We agree, and reverse. The conviction here appealed resulted from Count VI of the information filed against Gadson, which read: CHARGE: FORGERY, in violation of F.S. 831.01....
...But the state did not offer evidence in this regard, nor did it make such argument at trial. Such speculation as to intended injury or fraud cannot support the third element necessary to establish the crime of forgery. REVERSED. DAUKSCH and COWART, JJ., concur. . Section 831.01, Florida Statutes (1983), provides: 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...
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 7618, 1993 WL 267026
...The lower court ordered Kassover to answer the questions which resulted in this petition for certiorari. Kassover argues that if he has to answer these questions regarding having certified that he had insurance, it could lead to county-imposed penalties or criminal charges pursuant to section 831.01, Florida Statutes (1991), which makes it a crime to make false public records, certificates, etc....
CopyPublished | Florida 5th District Court of Appeal | 1984 Fla. App. LEXIS 14060
...may exceed the guideline range where there has been a violation of probation. We therefore vacate the sentences and remand for resentencing. SENTENCE VACATED AND CAUSE REMANDED FOR RESENTENCING. COBB, C.J., and FRANK D. UP-CHURCH, Jr., J., concur. . § 831.01, Fla.Stat....
CopyPublished | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 18462, 2005 WL 1691898
...Padrón allegedly did not have the authority to bind PWC in this transaction does not make his genuine signature a forgery. Florida law, both statutory and decisional, is that forgery requires the making of a writing that falsely purports to be the writing of another, with intent to defraud. See, e.g., Fla. Stat. § 831.01 ; Watkins v....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7428
...The information is drawn under Section
831.02, Florida Statutes, 1967, F.S.A. The material portion of said Section
831.02, F.S., 1967, F.S.A., is as follows: “Whoever utters and publishes as true a false, forged or altered record, deed, instrument, or other writing mentioned in §
831.01, knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person. *224 Section
831.01, F.S., 1967, F.S.A., provides : “Whoever falsely makes, alters, forges or counterfeits a ....
CopyPublished | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 34, 1997 WL 1825
HARRIS, Judge. Mary Washington, when stopped for a traffic violation, signed -a fictitious name to two traffic citations and was charged under section 831.01, Florida Statutes, with forgery of both traffic citations as well as resisting an officer without violence because of the forgeries. She moved to dismiss on the basis that forgery of a traffic citation is not covered by section 831.01. The trial court denied her motion. She pled no contest to the charges and now appeals. We affirm. Although “traffic citation” is not specifically listed in section 831.01, the statute prohibits the forgery of “a public record.” The question then becomes whether a traffic citation is a public record within the contemplation of the statute....
...3d DCA 1979), faced a similar argument in relation to whether a motor vehicle certificate of title was a public record under the statute and held that it was covered by the statute. Likewise, we hold that the forgery of a traffic citation is a violation of section 831.01....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5410
...1969, came the State by its Assistant State Attorney Ralph H. Haben, Jr. and the defendant being present in open Court and being represented by D. Turner Matthews, Assistant Public Defender and having entered a plea of Guilty on a former day of this Court to the offense of FORGERY F.S. 831.01, F.S.A., the Court now adjudges you to be guilty * * * »>....
CopyPublished | Florida 3rd District Court of Appeal | 1972 Fla. App. LEXIS 7337
was erroneous and must be here reversed. F.S. §
831.01, F.S.A. under which the several counts 1 were
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 212, 1986 Fla. App. LEXIS 5908
...Jackson,
478 So.2d 1054 (Fla.1985). Since the trial judge did not have the benefit of this recent case law at the time of sentencing, we vacate the sentences and remand for resentencing. REVERSED and REMANDED. COBB, C.J., and DAUKSCH, J., concur. . §
831.01, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 14987
SCHEB, Judge. Appellant/defendant was charged by in-formations with forgery and uttering a forged instrument contrary to Florida Stat *540 utes, Sections
831.01 and
831.02, respectively....
...ot obligated to honor the check, and hence, there was no forgery. The trial judge dismissed both informations, allowing the state to continue prosecution only on the lesser included offenses contained in the information charging forgery. We reverse. Section 831.01, Florida Statutes, proscribes either the forgery or alteration of an instrument with the intent to injure or defraud another....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 1545, 2003 WL 327604
...Koezwara also argues that the prosecution of a case for possession of a forged driver’s license requires that the State establish a “specific intent to injure or defraud.” Although the general prohibition against the forgery of various documents (not including driver’s licenses) in section
831.01, Florida Statutes (2001), contains an express requirement that the forgery be committed “with intent to injure or defraud,” no similar requirement is found in section
322.212....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 12454, 1994 WL 708171
...In this case, the trial judge did not err in denying the motion for discharge. The state presented adequate facts to support its motion to continue. We affirm the denial of the motion for discharge. AFFIRMED. GOSHORN and W. SHARP, JJ., concur. . §
831.02, Fla.Stat. (1987). . §
831.01, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal
...McCoy, Senior Assistant
Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
PER CURIAM.
We reverse Tabitha Joy Lewis’ forgery conviction, because the state failed
to present sufficient evidence of intent to injure or defraud, as required under
section 831.01, Florida Statutes.
The charge alleged that Ms....
...Lewis further testified that she fantasized
about regaining custody of her son, that drafting the order made her feel a little
better, and that she never showed the document to anyone or used it in any way.
The jury found the defendant guilty, and the trial court sentenced her to five
years in prison.
Section 831.01, Florida Statutes provides in pertinent part, “Whoever falsely
makes, alters, forges or counterfeits a public record [of] . . . any public officer . . .
with intent to injury or defraud any person, shall be guilty of a felony of the third
degree . . . .” Falsified court orders are one kind of document that falls under the
purview of the forgery statute, section 831.01, because they constitute forged
public records....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 12218, 2003 WL 21946474
...The officer saw an organizer on the front seat. Inside the organizer, the officer found a Universal Studios card with Martinez’s name and picture. Martinez then admitted that he had given the officer a false name. He was charged with forgery under section 831.01, Florida Statutes (2002)....
CopyPublished | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 2857
...facts in that record. *462 We are of the opinion that the reasoning in the Green case applies with equal force to the case now reviewed. The judgment appealed from iá accordingly affirmed. STURGIS, C. J., and CARROLL, DONALD K., J., concur. . F.S. § 831.01, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15807
...intent to utter or pass them as true, in violation of Section
831.15. Each of the defendants filed a motion to dismiss the information. Therein, .among other things, defendants contended such tickets were not among the instruments or items listed in Section
831.01 of the forgery statute, and therefor that the uttering thereof was not an offense under Section
831.02 of the statute....
...The order of dismissal stated as follows: “It is Ordered and Adjudged that the Defendants’ Motion to Dismiss counts I through XXXVII is hereby granted on the grounds that a ticket of admission to a sporting event is not a ‘receipt for money’ or other writing mentioned in Section
831.01, Florida Statutes, nor is it *364 ‘a note’ or other writing payable to the bearer thereof as required by Section
831.08, Florida Statutes.” On this appeal therefrom the state argues, and we agree, the trial court was in error in holding that the Super Bowl tickets were not receipts for money or other writings mentioned in Section
831.01 Florida Statutes 1975. We hold that such tickets are within the forgery statute, as being receipts for money, the false forging or counterfeiting of which with intention to injure or defraud any person would constitute an offense under Section
831.01, and the utterance of which with intent to injure or defraud any person would constitute an offense of Section
831.02, of the statute....
...and deception to the parties who buy them and the injury and inconvenience which their utterance and sale inflicts on the NFL and others impels close scrutiny of the statute to determine its inclusion or exclusion of such items. The items listed in Section 831.01 Florida Statutes 1975 are extensive and comprehensive....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 912, 1986 Fla. App. LEXIS 7280
...rida Statutes, and Part II Chapter 817, Florida Statutes.” We disagree and reverse. Appellee is accused of having made, altered, forged or counterfeited a Sears Gasoline Credit Card Invoice with the intent to defraud Mayra Willmore in violation of section 831.01, Florida Statutes (1983)....
CopyPublished | Florida 4th District Court of Appeal | 1976 Fla. App. LEXIS 14943
McCORD, Judge. Appellant was convicted of both counts of a two count indictment, the first count charging forgery in violation of §
831.01, Florida Statutes, and the second count charging uttering a forged instrument in violation of §
831.02, Florida Statutes....
