Florida Statute 322.212 - Full Text and Legal Analysis

The 2025 Florida Statutes

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 CourtListener

Amendments to 322.212

Annotations, Discussions, Cases:

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

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

Cases Citing Statute 322.212

Total Results: 34

Bartee v. State

401 So. 2d 890

District Court of Appeal of Florida | Filed: Jul 22, 1981 | Docket: 1290147

Cited 16 times | Published

charging appellant with the felony violation of section 322.212, Florida Statutes (1979), by knowingly having

Fajardo v. State

805 So. 2d 961, 2001 WL 1471739

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1669413

Cited 13 times | Published

appeal a judgment convicting them of violating section 322.212(1)(c), Florida Statutes (1999), for possessing

Bautista v. State

902 So. 2d 312, 2005 WL 1249199

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1257185

Cited 12 times | Published

fraudulent identification card pursuant to section 322.212, Florida Statutes (2002). After the trial court

Purvis v. Lindsey Ex Rel. State

587 So. 2d 638, 1991 WL 205853

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1713685

Cited 10 times | Published

punishable by a maximum of 60 days in jail. See § 322.212(6), Fla. Stat. (1989); § 775.082(4)(b), Fla. Stat

Armstrong v. State

620 So. 2d 1120, 1993 WL 242586

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 1722697

Cited 9 times | Published

THOMPSON, JJ., concur. NOTES [1] § 322.212(1), Fla. Stat. (1987). [2] § 322.212(5), Fla. Stat. (1987). [3]

Castillo v. State

536 So. 2d 1134, 1988 WL 137194

District Court of Appeal of Florida | Filed: Dec 23, 1988 | Docket: 1759898

Cited 9 times | Published

fictitious driver's license is a third-degree felony. § 322.212, Fla. Stat. (1987).[1] A detective and a deputy

Cleveland v. State

287 So. 2d 347

District Court of Appeal of Florida | Filed: Dec 4, 1973 | Docket: 457601

Cited 8 times | Published

driver's licenses [in violation of Fla. Stat. § 322.212(1), F.S.A.], was tried non-jury, found guilty

Wallace v. State

764 So. 2d 758, 2000 WL 898242

District Court of Appeal of Florida | Filed: Jul 7, 2000 | Docket: 1516440

Cited 7 times | Published

of an identification card in violation of section 322.212(2), Florida Statutes (1999). We affirm. The

Koran v. State

213 So. 2d 735

District Court of Appeal of Florida | Filed: Aug 20, 1968 | Docket: 471501

Cited 7 times | Published

driver's licenses in violation of Fla. Stat. § 322.212(1), F.S.A. He was found guilty, by a jury, on

Ozbourn v. State

651 So. 2d 795, 1995 WL 93822

District Court of Appeal of Florida | Filed: Mar 9, 1995 | Docket: 1518164

Cited 5 times | Published

fictitious driver's license "in violation of Section 322.212, Florida Statutes," and resisting arrest without

City of St. Petersburg Beach v. Jewell

489 So. 2d 78, 11 Fla. L. Weekly 980, 1986 Fla. App. LEXIS 7464

District Court of Appeal of Florida | Filed: Apr 23, 1986 | Docket: 545423

Cited 5 times | Published

319.33(1)(e), or a driver's license under section 322.212(5), Florida Statutes (1985). The use of the

State v. Gonzalez

919 So. 2d 702, 2006 WL 247888

District Court of Appeal of Florida | Filed: Feb 3, 2006 | Docket: 1269678

Cited 4 times | Published

THOMPSON and LAWSON, JJ., concur. NOTES [1] See § 322.212, Fla. Stat. (2003).

S.C. v. State

224 So. 3d 249, 2017 WL 2960626, 2017 Fla. App. LEXIS 9959

District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 60271329

Cited 3 times | Published

license, in violation of Florida Statutes section 322.212(1)(a), and ordered to serve probation.1 S.C

Pupo-Diaz v. State

966 So. 2d 1010, 2007 WL 2963742

District Court of Appeal of Florida | Filed: Oct 12, 2007 | Docket: 2538592

Cited 2 times | Published

commercial *1011 driver's license, in violation of section 322.212(5), Florida Statutes (2005). The State presented

Oliver v. State

899 So. 2d 1195, 2005 WL 856924

District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 1353852

Cited 2 times | Published

PETERSON and TORPY, JJ., concur. NOTES [1] § 322.212(1)(a), Fla. Stat. (2004).

Oladipupo v. State

574 So. 2d 301, 1991 WL 16312

District Court of Appeal of Florida | Filed: Feb 14, 1991 | Docket: 765002

Cited 2 times | Published

of section 322.212(5), Florida Statutes, a misdemeanor of the second degree under section 322.212(6)

STATE OF FLORIDA v. WENDY B. CARRIER

240 So. 3d 852

District Court of Appeal of Florida | Filed: Mar 9, 2018 | Docket: 6329247

Cited 1 times | Published

2003). In Koczwara, this court considered section 322.212(1)(a), Florida Statutes

Janos v. State

763 So. 2d 1094, 1999 WL 1191480

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1278166

Cited 1 times | Published

license fraud, a third degree felony under section 322.212(5), Florida Statutes. He entered a plea before

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 69533864

Published

is “not displayed” or has “been altered.” Id. § 322.212(5)(c). Crist stands convicted of violating this

Michael Crist v. State of Florida

District Court of Appeal of Florida | Filed: Jan 10, 2025 | Docket: 69533864

Published

Crist was charged with violation of section 322.212(5)(c), Florida Statutes, and attempted tampering

MARIA SERRET TEJADA v. FORFEITURE OF 2015 CADILLAC ESCALADE VIN NO: 1GYS4BKJ5FR157228

267 So. 3d 1032

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865454

Published

driver’s license.” This is a felony under section 322.212, Fla. Stat. (2016). While the State amended

S.C. v. State

District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088804

Published

license, in violation of Florida Statutes section 322.212(1)(a), and ordered to serve probation.1 S.C

Rancifer v. State

160 So. 3d 119, 2015 Fla. App. LEXIS 4197, 2015 WL 1334033

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 60246801

Published

appellant was convicted of a violation of section 322.212(5), Florida Statutes (2011), for seeking to

Lynn v. State

31 So. 3d 279, 2010 Fla. App. LEXIS 3899, 2010 WL 1135994

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 2576787

Published

driver's license, a third-degree felony. See § 322.212(5)(a), Fla. Stat. (2007). On December 16, 2008

Dicks v. State

840 So. 2d 408, 2003 Fla. App. LEXIS 3724, 2003 WL 1239548

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64821345

Published

appellant with four separate violations of section 322.212, Florida Statutes (1999) because he possessed

State v. Koczwara

837 So. 2d 591, 2003 Fla. App. LEXIS 1545, 2003 WL 327604

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 64820749

Published

possession of a driver’s license in violation of section 322.212, Florida Statutes (2001), based on her possession

Vega v. State

744 So. 2d 1022, 1997 Fla. App. LEXIS 10016, 1997 WL 537078

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64792165

Published

attempt. *1023Appellant pled guilty to violating section 322.212(5), Florida Statutes (1993), making it unlawful

State v. Morales

693 So. 2d 1063, 1997 Fla. App. LEXIS 5137, 1997 WL 249124

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64773777

Published

use of a driver’s license in violation of section 322.212(6) and (6), Florida Statutes (1996). The information

State v. Engel

656 So. 2d 546, 1995 Fla. App. LEXIS 8718, 1995 WL 340149

District Court of Appeal of Florida | Filed: Jun 9, 1995 | Docket: 64757231

Published

with drivers license fraud in violation of section 322.212(5), Florida Statutes, a third degree felony

Rodgers v. State

645 So. 2d 20, 1994 Fla. App. LEXIS 9664, 1994 WL 549503

District Court of Appeal of Florida | Filed: Oct 11, 1994 | Docket: 64752140

Published

driver’s license, a third-degree felony under section 322.212(5) and (6), Florida Statutes (counts I and

State v. Ciucio

548 So. 2d 1184, 14 Fla. L. Weekly 2232, 1989 Fla. App. LEXIS 5148, 1989 WL 108479

District Court of Appeal of Florida | Filed: Sep 22, 1989 | Docket: 64644922

Published

and possession of an identification card. See § 322.212(1), Fla. Stat. (1987). We reverse. A police officer

Birmingham v. State

502 So. 2d 1346, 12 Fla. L. Weekly 645, 1987 Fla. App. LEXIS 7019

District Court of Appeal of Florida | Filed: Feb 25, 1987 | Docket: 64625275

Published

possession of a driver’s license in violation of section 322.212, Florida Statutes (1983). He was adjudicated

Irons v. State

502 So. 2d 43, 12 Fla. L. Weekly 382, 1987 Fla. App. LEXIS 11883

District Court of Appeal of Florida | Filed: Jan 28, 1987 | Docket: 64624869

Published

unlawfully issued driver’s license contrary to section 322.212(1), Florida Statutes (1985). The trial court

State v. Johnson

414 So. 2d 18, 1982 Fla. App. LEXIS 19997

District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 64590010

Published

for unlawful possession of a driver’s license. § 322.-212(1), Fla.Stat. (1979). He then searched the car