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Florida Statute 322.212 | Lawyer Caselaw & Research
F.S. 322.212 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
F.S. 322.212
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.

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

S322.212 1 - POSSESS FORGED - REMOVED - F: T
S322.212 1 - POSSESS COUNTERFEITED - REMOVED - F: T
S322.212 1 - FRAUD - REMOVED - F: T
S322.212 1 - POSSESS STOLEN PROP - REMOVED - F: T
S322.212 1a - FRAUD - POSS DISPLAY BLANK FORGED STOLEN DR LIC OR ID - F: T
S322.212 1b - FRAUD - POSSESS SIMILITUDE OF DRIVER LIC - F: T
S322.212 1c - FRAUD - POSSESS SIMILITUDE ID CARD - F: T
S322.212 1d - FRAUD - SELL MFG ETC BLANK STOLEN ETC DRIVER LIC ID - F: T
S322.212 1d - FRAUD - SELL MFGR DEL FORGED STOLEN DR LICENSE OR ID - F: T
S322.212 2 - FRAUD - TRADE SELL ETC OR CONSPIRE TO DR LIC ID CARD - F: T
S322.212 2 - FRAUD - SELL BARTER TRADE GIVE AWAY DR LICENSE OR ID - F: T
S322.212 3 - FRAUD - UNLAWFUL ISSUE DRIVERS LICENSE - F: T
S322.212 3 - FRAUD - DMV EMPLOYEE ISSUE UNLAWFUL DR LICENSE OR ID - F: T
S322.212 4 - FRAUD - SUPPLY TO ANOTHER UNLAWFUL DR LICENSE OR ID - F: T
S322.212 4 - FRAUD - REMOVED - F: T
S322.212 5 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9505 - F: T
S322.212 5 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9506 - M: S
S322.212 5 - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 9507 - F: T
S322.212 5a - FRAUD-IMPERSON - FALSE AGE DL ID APPLICATION - M: S
S322.212 5a - FRAUD-IMPERSON - FALSE FICTITIOUS NAME ON DL ID APPLICATION - F: T
S322.212 5a - FRAUD-FALSE STATEMENT - FALSE STATEMENT ON DL ID APPLICATION - F: T
S322.212 5a - FRAUD-FALSE STATEMENT - FRAUD ON DL ID APPLICATION - F: T
S322.212 5b - FORGERY OF - POSS DRIVER LIC/ID CARD W ALTERED DOB - M: S
S322.212 5c - FRAUD - SEX PRED/OFF POSS DL/ID ALT OR WO DESIGNATION - 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:

Cases from cite.case.law:

TEJADA, v. CADILLAC ESCALADE VIN NO, 267 So. 3d 1032 (Fla. App. Ct. 2019)

. . . This is a felony under section 322.212, Fla. Stat. (2016). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 253 So. 3d 995 (Fla. 2018)

. . . 777.04(1) 5.1 Harassment by use 817.568(4) 20.14 of personal identification information Unauthorized 322.212 . . . Unlawful Possession 817.5685 20.18(a) of Personal Identification Information of Another Unauthorized 322.212 . . . Unlawful Possession 817.5685 20.18(a) of Personal Identification Information of Another Unauthorized 322.212 . . . Unlawful Possession 817.5685 of Personal Identification Information of Another Person Unauthorized 322.212 . . . Unlawful 817.5685 20.18(a) Possession of Personal Identification Information of Another Unauthorized 322.212 . . .

STATE v. CARRIER B., 240 So. 3d 852 (Fla. App. Ct. 2018)

. . . In Koczwara, this court considered section 322.212(1)(a), Florida Statutes (2001), which made it unlawful . . . driver's license with a falsely altered license number is a forged or fictitious license under section 322.212 . . . (2001), expressly required "the forgery be committed 'with intent to injure or defraud,' " section 322.212 . . .

S. C. a v. STATE, 224 So. 3d 249 (Fla. Dist. Ct. App. 2017)

. . . adjudicated delinquent of possessing a stolen driver’s license, in violation of Florida Statutes section 322.212 . . . Section 322.212 makes it “unlawful for any person to ... . . . .” § 322.212(1)(a), Fla. Stat. (2015). . . . How one views the “he” makes all the difference, S.C. says, because section 322.212(l)(a) requires the . . . For these reasons, we affirm S.C.’s adjudication of delinquency for violating section 322.212(1)(a), . . .

BURGESS, v. STATE, 198 So. 3d 1151 (Fla. Dist. Ct. App. 2016)

. . . See, e.g., §§ 322.212(1) (stating, for purposes of a statute proscribing unlawful possession and certain . . .

RANCIFER, v. STATE, 160 So. 3d 119 (Fla. Dist. Ct. App. 2015)

. . . The appellant was convicted of a violation of section 322.212(5), Florida Statutes (2011), for seeking . . . statement, knowingly conceal a material fact, or otherwise commit a fraud in any such application. § 322.212 . . . Section 322.212(5)(a) contains two components, either of which may provide a basis for criminal activity . . . At oral argument, the State tried to shift its reliance to the second component of section 322.212(5) . . . trial court’s order denying the appellant’s motion to dismiss and VACATE the conviction under section 322.212 . . .

SPROTT, v. STATE, 99 So. 3d 634 (Fla. Dist. Ct. App. 2012)

. . . See §§ 881.09; 881.08; 817.034(4) & 777.04; 322.212(1), Fla. Stat. (2011). . . .

LYNN a k a v. STATE, 31 So. 3d 279 (Fla. Dist. Ct. App. 2010)

. . . See § 322.212(5)(a), Fla. Stat. (2007). . . .

PUPO- DIAZ, v. STATE, 966 So. 2d 1010 (Fla. Dist. Ct. App. 2007)

. . . knowingly providing false information to obtain a commercial driver’s license, in violation of section 322.212 . . . To prove a violation of section 322.212(5), the State must show that the probationer knowingly made a . . .

GARCIA, v. STATE, 939 So. 2d 1082 (Fla. Dist. Ct. App. 2006)

. . . ) 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 . . . We find no merit to Garcia’s argument that her , convictions under subsections 322.212(3) and (4), Florida . . . Subsection 322.212(3), Florida Statutes (2000), provides: It is unlawful for any employee of the department . . . Subsection 322.212(4), Florida Statutes (2000), provides: It is unlawful for any person to agree to supply . . .

STATE v. GONZALEZ,, 919 So. 2d 702 (Fla. Dist. Ct. App. 2006)

. . . See § 322.212, Fla. Stat. (2003). . . .

BAUTISTA, v. STATE, 902 So. 2d 312 (Fla. Dist. Ct. App. 2005)

. . . Mario Bautista was charged with possession of a fraudulent identification card pursuant to section 322.212 . . .

OLIVER, v. STATE, 899 So. 2d 1195 (Fla. Dist. Ct. App. 2005)

. . . . § 322.212(1)(a), Fla. Stat. (2004). . . .

DICKS, v. STATE, 840 So. 2d 408 (Fla. Dist. Ct. App. 2003)

. . . The state charged appellant with four separate violations of section 322.212, Florida Statutes (1999) . . .

STATE v. KOCZWARA,, 837 So. 2d 591 (Fla. Dist. Ct. App. 2003)

. . . charged Katherine Koczwara with unauthorized possession of a driver’s license in violation of section 322.212 . . . 3.190(c)(4) to dismiss the charge was granted by the trial court based on its conclusion that section 322.212 . . . Section 322.212(l)(a) makes it unlawful for any person: (a) Knowingly to have in his or her possession . . . Section 322.212(5)(b) does establish a separate offense for possession of a driver’s license with an . . . A violation of section 322.212(5)(b) is punishable pursuant to section 322.212(6) as a misdemeanor of . . .

FAJARDO, v. STATE v. v., 805 So. 2d 961 (Fla. Dist. Ct. App. 2001)

. . . Fajardo, Geovany Campos, and Jose Valencia each appeal a judgment convicting them of violating section 322.212 . . . Each defendant argues that section 322.212(l)(e) does not apply to INS cards, or in the alternative, . . . Section 322.212 provides, in pertinent’ part: 322.212 Unauthorized possession of, and other unlawful . . . We find no ambiguous terms in section 322.212(1)(c), nor do we find a plain reading of it difficult or . . .

WALLACE, v. STATE, 764 So. 2d 758 (Fla. Dist. Ct. App. 2000)

. . . Wallace appeals his conviction for the unlawful sale of an identification card in violation of section 322.212 . . . See § 322.212(1), Fla. Stat. (1999). . . .

JANOS, v. STATE, 763 So. 2d 1094 (Fla. Dist. Ct. App. 1999)

. . . Engel was arrested and charged with driver’s license fraud, a third degree felony under section 322.212 . . .

VEGA, v. STATE, 744 So. 2d 1022 (Fla. Dist. Ct. App. 1997)

. . . Appellant pled guilty to violating section 322.212(5), Florida Statutes (1993), making it unlawful for . . .

STATE v. MORALES,, 693 So. 2d 1063 (Fla. Dist. Ct. App. 1997)

. . . Vilchez were charged by information with fraudulent use of a driver’s license in violation of section 322.212 . . .

STATE v. ENGEL,, 656 So. 2d 546 (Fla. Dist. Ct. App. 1995)

. . . dismissal of an information charging Thomas Daniel Engel with drivers license fraud in violation of section 322.212 . . . The body of the information, which essentially tracked the language of section 322.212(5), stated that . . . on or about September 15,1993, Engel did in violation of Florida Statute 322.212(5) knowingly use a . . . The uniform traffic citation issued to Engel alleged he had violated section 322.212(5) by committing . . . Section 322.212(6), provides that a violation of subsection 322.212(5) is a third degree felony unless . . .

OZBOURN, v. STATE, 651 So. 2d 795 (Fla. Dist. Ct. App. 1995)

. . . was charged with unauthorized possession of a fictitious driver’s license “in violation of Section 322.212 . . .

RODGERS, v. STATE, 645 So. 2d 20 (Fla. Dist. Ct. App. 1994)

. . . apparently two counts of false application for a driver’s license, a third-degree felony under section 322.212 . . .

M. ARMSTRONG, v. STATE, 620 So. 2d 1120 (Fla. Dist. Ct. App. 1993)

. . . . § 322.212(1), Fla.Stat. (1987). . § 322.212(5), Fla.Stat. (1987). . . . .

G. PURVIS, v. R. LINDSEY, STATE, 587 So. 2d 638 (Fla. Dist. Ct. App. 1991)

. . . See § 322.212(6), Fla.Stat. (1989); § 775.082(4)(b), Fla.Stat. (1989). . . .

OLADIPUPO, v. STATE, 574 So. 2d 301 (Fla. Dist. Ct. App. 1991)

. . . the offense of giving a false age in an application for a driver’s license, a violation of section 322.212 . . . (5), Florida Statutes, a misdemeanor of the second degree under section 322.212(6), Florida Statutes, . . . Under section 322.212(6), Florida Statutes, all false statements in applications for driver licenses . . . Therefore under the particular allegation and the provisions of section 322.212(6), Florida Statutes, . . . The defendant’s conviction of a violation of section 322.212(5), Florida Statutes, based on giving a . . .

UNITED STATES v. McCONNELL, UNITED STATES v. DOBBINS, UNITED STATES v. BYRNE, UNITED STATES v. McCLOSKEY,, 903 F.2d 566 (8th Cir. 1990)

. . . . § 322.212(1) (1984); State v. Johnson, 414 So.2d 18, 19 (Fla.Dist.Ct.App.1982). . . .

STATE v. CIUCIO,, 548 So. 2d 1184 (Fla. Dist. Ct. App. 1989)

. . . See § 322.212(1), Fla. Stat. (1987). We reverse. . . .

CASTILLO, v. STATE, 536 So. 2d 1134 (Fla. Dist. Ct. App. 1988)

. . . . § 322.212, Fla.Stat. (1987). . . .

BIRMINGHAM, v. STATE, 502 So. 2d 1346 (Fla. Dist. Ct. App. 1987)

. . . charging him with the unauthorized use or possession of a driver’s license in violation of section 322.212 . . .

IRONS, v. STATE, 502 So. 2d 43 (Fla. Dist. Ct. App. 1987)

. . . acquittal on the charge of possession of an unlawfully issued driver’s license contrary to section 322.212 . . . prove that the defendant had possession of an unlawfully issued Alabama license contrary to section 322.212 . . .

CITY OF ST. PETERSBURG BEACH, v. JEWELL,, 489 So. 2d 78 (Fla. Dist. Ct. App. 1986)

. . . either an automobile title certificate under section 319.33(l)(e), or a driver’s license under section 322.212 . . . Although possession of a fraudulently obtained driver’s license is a felony, section 322.212(1), Florida . . .

REICHMAN, v. STATE, 473 So. 2d 1324 (Fla. Dist. Ct. App. 1985)

. . . 790.15), one second-degree felony (section 790.23), and two third-degree felonies (sections 843.01 and 322.212 . . .

BARTEE, v. STATE, 401 So. 2d 890 (Fla. Dist. Ct. App. 1981)

. . . State filed an information in the circuit court charging appellant with the felony violation of section 322.212 . . . Therefore he cannot again be placed in jeopardy of conviction for an offense under section 322.212, Florida . . . possession of a fictitious operator’s license, is sufficient to violate both section 322.32 and section 322.212 . . .

CLEVELAND, v. STATE, 287 So. 2d 347 (Fla. Dist. Ct. App. 1973)

. . . . § 322.212(1), F.S.A.], was tried non-jury, found guilty and sentenced to six months in the Dade County . . .

KORAN, v. STATE, 213 So. 2d 735 (Fla. Dist. Ct. App. 1968)

. . . . § 322.212(1), F.S.A. . . .