Uttering a forged instrument in Florida is a third-degree felony under Section 831.02, punishable by up to five years in prison and a $5,000 fine. The crime occurs when someone knowingly presents a fake or altered document as if it were genuine, with the intent to injure or defraud another person. It is a separate offense from forgery itself, which covers the act of creating or altering the document.
What Prosecutors Have to Prove
To convict under Section 831.02, the state has to establish three elements beyond a reasonable doubt.1Florida Senate. Florida Code 831.02 – Uttering Forged Instruments
The defendant presented a false, forged, or altered document as if it were authentic. The crime is complete the moment the document is offered as real. Whether the recipient believed it, and whether the scheme actually worked, does not matter.
The defendant knew the document was fake. Someone who deposits a forged check they received from an employer, without reason to suspect it, has not committed uttering because the knowledge element is missing.
The defendant acted with intent to injure or defraud. Presenting a document for an innocent purpose does not satisfy this element.
What Counts as a Forged Instrument
The uttering statute reaches any document covered by Florida’s forgery law. That list is broad: public records, deeds, wills, bonds, insurance policies, promissory notes, checks, receipts, and transportation tickets, among others.2Florida Senate. Florida Code 831.01 – Forgery
In practice, most uttering cases involve financial paper: personal or business checks with forged signatures, counterfeit money orders, and fraudulent receipts. Legal and identity documents come up often too:
- Fake deeds used to claim ownership, or fraudulent vehicle titles used to sell a car
- Altered wills submitted during probate
- Counterfeit court orders, fake driver’s licenses, and fraudulent identification cards
A separate statute, Section 831.09, covers forged bank bills, checks, drafts, and promissory notes specifically. It carries the same third-degree felony classification.
Penalties
A third-degree felony conviction for uttering exposes you to:
- Up to five years in prison3FindLaw. Florida Code 775.082 – Penalties, Applicability of Sentencing Structures, Mandatory Minimum Sentences
- Fines up to $5,0004Justia Law. Florida Code 775.083 – Fines
- Felony probation, with a default term of up to two years, though a judge may set a longer period5Justia Law. Florida Code 948.04 – Period of Probation, Duty of Probationer
- Restitution for any financial losses the victim suffered
Enhancements for Prior Offenses
Penalties escalate quickly for people with records. A person who qualifies as a habitual felony offender under Section 775.084 faces up to ten years in prison on a third-degree felony instead of five.6Online Sunshine. Florida Code 775.084 – Violent Career Criminals, Habitual Felony Offenders and Habitual Violent Felony Offenders
A separate enhancement targets repeat counterfeit-bill offenders. Someone previously convicted under Section 831.09 who commits three more uttering offenses within six months is classified as a “common utterer” and faces second-degree felony penalties, which include up to fifteen years in prison.
How Uttering Differs From Forgery
Forgery under Section 831.01 is the act of creating, altering, or counterfeiting a document with intent to defraud. Uttering under Section 831.02 is the act of presenting that already-forged document as genuine.1Florida Senate. Florida Code 831.02 – Uttering Forged Instruments
The person who utters a document does not have to be the person who made it. If one person fabricates a check and hands it to a friend to cash, the maker committed forgery and the friend committed uttering. One person can be charged with both if they made the document and then tried to use it. Each is a third-degree felony with the same five-year maximum.
Defenses That Work in Uttering Cases
Because the statute requires both knowledge and intent, those are usually where cases are won or lost.
No knowledge the document was forged. People receive documents from employers, business partners, and customers all the time without reason to suspect fraud. If you genuinely believed the paper was real, the knowledge element fails. The state has to prove actual knowledge, not that a careful person might have been suspicious.
No intent to defraud. Presenting a document for a legitimate purpose, with no deceptive motive, does not meet the intent element. The focus is on your state of mind and purpose when you handed it over.
The document was not actually forged. Not every disputed or inaccurate document qualifies. Clerical errors, authorized changes, or honest misunderstandings may fall outside Section 831.01. If the paper does not meet the statutory definition of forgery, the uttering charge cannot stand.
Unlawful search or seizure. If police obtained the document or related evidence illegally, it can be suppressed, and the case may collapse without it.
Life After a Conviction
The sentence and fine are only part of what a felony conviction brings.
Voting
A felony conviction suspends your right to vote. Voting rights are automatically restored once you complete your entire sentence, including prison, probation, parole, and full payment of all fines, fees, costs, and restitution ordered as part of the sentence. Until every financial obligation is satisfied, you remain ineligible to register.7Florida Division of Elections. Felon Voting Rights
Firearms
Florida bars anyone convicted of a felony from owning or possessing a firearm, ammunition, or electronic weapon. Violating the ban is itself a second-degree felony. The restriction stays in place until your civil rights and firearm authority are formally restored.8Justia Law. Florida Code 790.23 – Felons and Delinquents, Possession of Firearms, Weapons, or Ammunition
Jobs and Licenses
A felony record can disqualify you from government jobs, law enforcement positions, and roles involving children or the elderly. Many professional licenses become difficult or impossible to obtain. Because uttering is a fraud offense, the hit to careers in finance, banking, real estate, and any job requiring a position of trust is usually severe.
Sealing or Expunging the Record
Florida’s record-sealing statute draws a hard line: if you were adjudicated guilty of any criminal offense, you cannot have your record sealed.9Florida Senate. Florida Code 943.059 – Court-Ordered Sealing of Criminal History Records Expungement requires the same, plus that you were never adjudicated guilty of any offense in Florida. For someone convicted of uttering, both doors are effectively closed.
Sealing may still be available if adjudication was withheld, provided you meet the other eligibility rules, including that you are no longer under court supervision and have never previously sealed or expunged a record.
When Federal Charges Can Apply
Most uttering cases stay in state court, but conduct that involves U.S. government obligations can also draw federal charges. Under 18 U.S.C. 472, passing counterfeit currency or forged federal securities carries up to twenty years in prison.10Office of the Law Revision Counsel. 18 U.S. Code 472 – Uttering Counterfeit Obligations or Securities Someone caught passing counterfeit bills in Florida could face both state charges under Chapter 831 and federal charges under this statute, with sentences potentially running consecutively.