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F.S. 322.212 on Google Scholar

F.S. 322.212 on Casetext

Amendments to 322.212


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.212 Florida Statutes and Case Law
322.212 Unauthorized possession of, and other unlawful acts in relation to, driver license or identification card.—
(1) It is unlawful for any person to:
(a) Knowingly have in his or her possession or to display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification card or any instrument in the similitude of a driver license or identification card unless possession by such person has been duly authorized by the department;
(b) Knowingly have in his or her possession any instrument in the similitude of a driver license issued by the department or its duly authorized agents or those of any state or jurisdiction issuing licenses recognized in this state for the operation of a motor vehicle;
(c) Knowingly have in his or her possession any instrument in the similitude of an identification card issued by the department or its duly authorized agents or those of any state or jurisdiction issuing identification cards recognized in this state for the purpose of indicating a person’s true name and age; or
(d) Knowingly sell, manufacture, or deliver, or knowingly offer to sell, manufacture, or deliver, a blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification card, or an instrument in the similitude of a driver license or identification card, unless that person is authorized to do so by the department. A violation of this section may be investigated by any law enforcement agency, including the Division of Alcoholic Beverages and Tobacco.

The term “driver license” includes a driver license issued by the department or its agents or a driver license issued by any state or jurisdiction that issues licenses recognized in this state for the operation of a motor vehicle. The term “identification card” includes any identification card issued by the department or its agents or any identification card issued by any state or jurisdiction that issues identification cards recognized in this state for the purpose of indicating a person’s true name and age. This subsection does not prohibit a person from possessing or displaying another person’s driver license or identification card for a lawful purpose.

(2) It is unlawful for any person to barter, trade, sell, or give away any driver license or identification card or to perpetrate a conspiracy to barter, trade, sell, or give away any such license or identification card unless such person has been duly authorized to issue the license or identification card by the department as provided in this chapter or in the adopted rules of the department.
(3) It is unlawful for any employee of the department to allow or permit the issuance of a driver license or identification card when he or she knows that the applicant has not lawfully fulfilled the requirements of this chapter for the issuance of such license or identification card.
(4) It is unlawful for any person to agree to supply or to aid in supplying any person with a driver license or identification card by any means whatsoever not in accordance with the provisions of this chapter.
(5)(a) It is unlawful for any person to use a false or fictitious name in any application for a driver license or identification card or knowingly to make a false statement, knowingly conceal a material fact, or otherwise commit a fraud in any such application.
(b) It is unlawful for any person to have in his or her possession a driver license or identification card upon which the date of birth has been altered.
(c) It is unlawful for any person designated as a sexual predator or sexual offender to have in his or her possession a driver license or identification card upon which the sexual predator or sexual offender markings required by s. 322.141 are not displayed or have been altered.
(6) Except as otherwise provided in this subsection, any person who violates any of the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who violates paragraph (5)(a) by giving a false age in any application for a driver license or identification card or who violates paragraph (5)(b) by possessing a driver license, identification card, or any instrument in the similitude thereof, on which the date of birth has been altered is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates paragraph (1)(d) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) In addition to any other penalties provided by this section, any person who provides false information when applying for a commercial driver license or commercial learner’s permit or is convicted of fraud in connection with testing for a commercial driver license or commercial learner’s permit shall be disqualified from operating a commercial motor vehicle for a period of 1 year.
(8) The provisions of this section are in addition and supplemental to all other provisions of this chapter and of the laws of this state relating to driver licenses and identification cards.
History.—s. 1, ch. 65-167; ss. 24, 35, ch. 69-106; s. 212, ch. 71-136; s. 24, ch. 73-334; s. 19, ch. 78-394; s. 1, ch. 84-91; s. 410, ch. 95-148; s. 4, ch. 97-206; s. 1, ch. 2002-178; s. 6, ch. 2002-259; s. 2, ch. 2003-286; s. 82, ch. 2005-164; s. 2, ch. 2007-207; s. 53, ch. 2013-160.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 322.212 on Google Scholar

F.S. 322.212 on Casetext

Amendments to 322.212


Arrestable Offenses / Crimes under Fla. Stat. 322.212
Level: Degree
Misdemeanor/Felony: First/Second/Third

322.212 1 - POSSESS FORGED - DRIVERS LICENSE OR ID CARD - F: T
322.212 1 - POSSESS COUNTERFEITED - DRIVERS LICENSE OR ID CARD - F: T
322.212 1 - FRAUD - POSS BLANK FICTITIOUS UNLAWFUL DRIV LIC OR ID - F: T
322.212 1 - POSSESS STOLEN PROP - DRIVERS LICENSE OR ID CARD - F: T
322.212 1a - FRAUD - POSS DISPLAY BLANK FORGED STOLEN DR LIC OR ID - F: T
322.212 1b - FRAUD - POSSESS SIMILITUDE OF DRIVER LIC - F: T
322.212 1c - FRAUD - POSSESS SIMILITUDE ID CARD - F: T
322.212 1d - FRAUD - SELL MFGR DEL FORGED STOLEN DR LICENSE OR ID - F: T
322.212 2 - FRAUD - SELL BARTER TRADE GIVE AWAY DR LICENSE OR ID - F: T
322.212 3 - FRAUD - DMV EMPLOYEE ISSUE UNLAWFUL DR LICENSE OR ID - F: T
322.212 4 - FRAUD - SUPPLY TO ANOTHER UNLAWFUL DR LICENSE OR ID - F: T
322.212 4 - FRAUD - ISSUE DR LICENSE OR ID TO UNAUTHORIZED PERSON - F: T
322.212 5 - FRAUD-IMPERSON - USE FALS NAME ON DR LICENSE OR ID APPLICATION - F: T
322.212 5 - FRAUD-IMPERSON - USE FALSE AGE ON DR LICENSE OR ID APPLICATION - M: S
322.212 5 - FRAUD-FALSE STATEMENT - ON DR LICENSE OR ID APPLICATION - F: T
322.212 5a - FRAUD-FALSE STATEMENT - USE FALSE INFO EXCEPT DOB TO GET DR LICENSE/ID - F: T
322.212 5b - FORGERY OF - POSS DRIVER LIC/ID CARD W ALTERED DOB - M: S
322.212 5c - FRAUD - SEX PRED OFFENDER POSSESS ALTERED DL OR ID - F: T

Civil Citations / Citable Offenses under S322.212
R or S next to points is Mandatory Revocation or Suspension

S322.212 (1) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION - If violation is for DL/Similitude of [See 322.27(1)(d)] - Points on Drivers License: 0 S
S322.212 (1) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION - If violation is for ID card/Similitude of - Points on Drivers License: 0
S322.212 (1)(a) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION - If violation is for DL/Similitude of - Points on Drivers License: 0 S
S322.212 (1)(a) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION - If violation is for ID card/Similitude of - Points on Drivers License: 0
S322.212 (1)(b) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION - If violation is for DL/Similitude of - Points on Drivers License: 0 S
S322.212 (1)(c) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION - If violation is for ID card/Similitude of - Points on Drivers License: 0
S322.212 (5)(a) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/FRAUDULENT DL/ID/CARD APPLICATION - Points on Drivers License: 0 R
S322.212 (5)(b) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION of DL with altered date of birth - Points on Drivers License: 0
S322.212 (5)(b) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION of ID card with altered date of birth - Points on Drivers License: 0
S322.212 (5)(c) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION of DL w/none/altered sexual predator/offender markings - Points on Drivers License: 0
S322.212 (5)(c) DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION of ID card w/none/altered sexual predator/offender markings - Points on Drivers License: 0

Annotations, Discussions, Cases:

  1. Rancifer v. State

    160 So. 3d 119 (Fla. Dist. Ct. App. 2015)
    We REVERSE the trial court's order denying the appellant's motion to dismiss and VACATE the conviction under section 322.212(5).
    PAGE 122

  2. South Carolina v. State

    224 So. 3d 249 (Fla. Dist. Ct. App. 2017)   Cited 3 times
    Section 322.212 makes it "unlawful for any person to ... [k]nowingly have in his or her possession ... any ... stolen ... driver license or identification card." § 322.212(1)(a), Fla. Stat. (2015). "Stolen" is not defined in chapter 322, which means we give the term its plain and ordinary meaning, resorting to dictionaries where necessary and helpful. See Martin v. State, 207 So.3d 310, 317–18 (Fla. 5th DCA 2016) ("Similarly, with respect to the term ‘competition,’ although the statute does not define this term or provide examples of competition, we may resort to dictionaries to determine the meaning of an undefined statutory term."); State v. Gaulden, 134 So.3d 981, 982 (Fla. 1st DCA 2012) ("In construing the plain language of a statute, courts are to give undefined terms their ordinary meanings, consulting a dictionary when necessary."). "Stolen," our dictionaries say, means "[t]o take without right or permission, generally in a surreptitious way." American Heritage Dictionary of the English Language 1261 (Williams Morris ed., 1969); see also Webster's New Collegiate Dictionary 828 (G&C Merriam Co., 1960) ("To take or carry away feloniously").
    PAGE 250

  3. Fajardo v. State

    805 So. 2d 961 (Fla. Dist. Ct. App. 2001)   Cited 17 times
    Juan Fajardo, Geovany Campos, and Jose Valencia each appeal a judgment convicting them of violating section 322.212(1)(c), Florida Statutes (1999), for possessing an altered Immigration and Naturalization Services (INS) card or "green card." Because these cases address the same issue, we have consolidated these cases solely for the purpose of this opinion. Each defendant argues that section 322.212(1)(c) does not apply to INS cards, or in the alternative, if it does apply, that the statute is unconstitutionally vague. Although we doubt that the Florida Legislature envisioned state law enforcement officers serving as federal immigration officers when it enacted this statute, we affirm.

  4. State v. Engel

    656 So. 2d 546 (Fla. Dist. Ct. App. 1995)   Cited 3 times
    The uniform traffic citation issued to Engel alleged he had violated section 322.212(5) by committing "driver license fraud." A section 322.212(5) violation is not listed as one of the offenses for which the 318.14(10)(a) election may be used. There is no statutory authority for the clerk of the county court to accept a plea of nolo contendere for the offense Engel was charged with, a violation of section 322.212(5).
    PAGE 548

  5. In re Standard Jury Instructions in Criminal Cases—Report 2018-03

    253 So. 3d 995 (Fla. 2018)
    FRAUDULENT CREATION, USE OR POSSESSION OF COUNTERFEIT PERSONAL IDENTIFICATION INFORMATION — 817.568(9) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Unlawful Possession 817.5685 of Personal Identification Information of Another Person Unauthorized 322.212 possession of and other unlawful acts
    PAGE 1018

  6. State v. Koczwara

    837 So. 2d 591 (Fla. Dist. Ct. App. 2003)   Cited 2 times
    Section 322.212( 5)(b) does establish a separate offense for possession of a driver's license with an altered birth date, but it does not transform the plain meaning of "forged" and "fictitious" in section 322.212( 1)(a). A violation of section 322.212( 5)(b) is punishable pursuant to section 322.212( 6) as a misdemeanor of the second degree. This penalty is symmetrical with the misdemeanor penalty imposed by section 322.212( 6) for violations involving "giving a false age in any application for a driver's license" under section 322.212( 5)(a). Section 322.212( 6) thus imposes misdemeanor penalties for offenses related to false birth dates on licenses, rather than the felony penalties that it imposes for all the other offenses related to licenses established in section 322.212. Section 322.212( 5)(b) simply carves out one type of offense involving alteration of a driver's license to make that type of offense subject to punishment less severe than the punishment meted out for other offenses under the statute. It neither explicitly nor implicitly removes other types of offenses involving altered…
    PAGE 594

  7. Oladipupo v. State

    574 So. 2d 301 (Fla. Dist. Ct. App. 1991)   Cited 4 times
    Under section 322.212(6), Florida Statutes, all false statements in applications for driver licenses are felonies of the third degree except the giving of a false age which is a misdemeanor of the second degree. While the original information generally alleged all four alternative methods of violating section 322.212(5), Florida Statutes, the specification stated only that the defendant misrepresented his age. Therefore under the particular allegation and the provisions of section 322.212(6), Florida Statutes, the original charge alleged a second degree misdemeanor and the defendant was erroneously convicted and sentenced for a third degree felony. Furthermore, under section 26.012(2)(d), Florida Statutes, the circuit court did not have jurisdiction over the second degree misdemeanor because it did not arise out of the same circumstances as a felony which was also charged. The defendant's conviction of a violation of section 322.212(5), Florida Statutes, based on giving a false age in his application for a driver's license, was illegal and void and his conviction is hereby

  8. State v. Carrier

    240 So. 3d 852 (Fla. Dist. Ct. App. 2018)   Cited 2 times
    The State relies on People v. Bratis, 73 Cal.App.3d 751, 141 Cal.Rptr. 45 (1977), to argue that the placement of "alters" with "forges" and "counterfeits" reflects a legislative intent to require the alteration be done with an intent to defraud. In Bratis, the court considered two statutes, one prohibiting the alteration or counterfeiting of any parimutuel ticket and the other prohibiting the knowing possession of "any altered, forged, or counterfeit parimutuel ticket." 141 Cal.Rptr. at 48 (quoting Cal. Bus. & Prof. Code § 19667 (West 1974) ). The defendants argued that the statutes failed to require the alteration be made with an intent to defraud. The court looked to the ordinary meaning of "alter" and also referred to California statutory definitions for alteration of a negotiable instrument and for forgery. Id. The court stated that alteration was contained within the statutory definition of forgery. Id. The court concluded that the juxtaposition of the words "counterfeit" and "forged" made "it clear that the alteration referred to and prohibited is an alteration with intent to defraud, and not a mere innocent mutilation of the parimutuel ticket." Id. However, this court has…
    PAGE 858

  9. Garcia v. State

    939 So. 2d 1082 (Fla. Dist. Ct. App. 2006)
    Appellant, Davia Campillo Garcia ("Garcia") was tried and convicted of unlawful issuance of an identification card in violation of subsection 322.212(3), Florida Statutes (2000), unlawfully supplying an identification card in violation of subsection 322.212(4), Florida Statutes (2000), official misconduct by falsification of identification card in violation of section 839.25, Florida Statutes (2000), and unlawful modification of computer data in violation of subsection 815.04(1), Florida Statutes (2000). We affirm in part and reverse in part.

  10. Pupo-Diaz v. State

    966 So. 2d 1010 (Fla. Dist. Ct. App. 2007)   Cited 3 times
    The issue presented in this appeal is whether the evidence presented at the violation of probation hearing was sufficient to prove that Pupo-Diaz either had committed a criminal offense or had engaged in conduct that violated the terms of his probation. To prove a violation of section 322.212(5), the State must show that the probationer knowingly made a false statement or concealed a material fact in making an application for a driver's license. The State clearly proved that Pupo-Diaz's previous driver's license had been suspended and that the application that was processed did contain an incorrect answer to the question regarding prior suspensions. However, the issue that we discuss is whether the State proved that Pupo-Diaz "knowingly" answered the question erroneously.
    PAGE 1011