House Bill hb0531

    Florida House of Representatives - 2001                 HB 531

        By Representative Gardiner






  1                      A bill to be entitled

  2         An act relating to counterfeit payment

  3         instruments; providing a definition; making

  4         unlawful the counterfeiting of payment

  5         instruments with intent to defraud; providing a

  6         felony penalty; specifying prima facie evidence

  7         of intent to defraud; providing an exception

  8         for law enforcement agencies under certain

  9         circumstances; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  (1)  For purposes of this act,

14  "counterfeit" means the manufacture of or arranging to

15  manufacture a payment instrument as defined in s. 560.103,

16  Florida Statutes, without the permission of the financial

17  institution, account holder, or organization whose name,

18  routing number, or account number appears on the payment

19  instrument, or the manufacture of any payment instrument with

20  a fictitious name, routing number, or account number.

21         (2)(a)  It is unlawful to counterfeit a payment

22  instrument with the intent to defraud a financial institution,

23  account holder, or any other person or organization or for a

24  person to have any counterfeit payment instrument in such

25  person's possession. Any person who violates this subsection

26  commits a felony of the third degree, punishable as provided

27  in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.

28         (b)  The printing of a payment instrument in the name

29  of a person or entity or with the routing number or account

30  number of a person or entity without the permission of the

31  person or entity to manufacture or reproduce such payment

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    Florida House of Representatives - 2001                 HB 531

    762-101A-01






  1  instrument with such name, routing number, or account number

  2  is prima facie evidence of intent to defraud.

  3         (3)  This act does not apply to a law enforcement

  4  agency which produces or displays counterfeit payment

  5  instruments for investigative or educational purposes.

  6         Section 2.  This act shall take effect October 1, 2001.

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  9                          HOUSE SUMMARY

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      Makes unlawful the counterfeiting of payment instruments
11    with intent to defraud. Provides a third degree felony
      penalty. Specifies prima facie evidence of intent to
12    defraud. Exempts law enforcement agencies for
      investigative or educational purposes.
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