Florida Statute 322.212 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 322
DRIVER LICENSES

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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 Citing Statute 322.212

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-03T00:53:00-07:00

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

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-03.

Court: Fla. | Date Filed: 2018-09-27T00:00:00-07:00

Citation: 253 So. 3d 995

Snippet: personal identification information Unauthorized 322.212 possession of and other unlawful acts in relation…possession only) 777.04(1) 5.1 Unauthorized possession 322.212 of and other unlawful acts in relation to driver…Another Person Attempt 777.04(1) 5.1 Unauthorized 322.212 possession of and other unlawful acts in relation…Identification Information of Another Unauthorized 322.212 possession of and other unlawful acts in relation…Identification Information of Another Unauthorized 322.212 possession of and other unlawful acts in relation

STATE OF FLORIDA v. WENDY B. CARRIER

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-08T23:53:00-08:00

Snippet: 2003). In Koczwara, this court considered section 322.212(1)(a), Florida Statutes … a forged or fictitious license under section 322.212(1)(a). Id. The defendant argued …intent to injure or defraud,' " section 322.212 contained no similar requirement. Id. This court

S.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-12T00:53:00-07:00

Snippet: license, in violation of Florida Statutes section 322.212(1)(a), and ordered to serve probation.1 S.C.’s …driver’s licenses. We disagree. Section 322.212 makes it “unlawful for any person to . . . [k]nowingly…. . driver license or identification card.” § 322.212(1)(a), Fla. Stat. (2015). “Stolen” is not defined…dictionaries from the 1960s because that is when section 322.212 became law, Ch. 65-167, § 1, at 407, Laws of Fla…all the difference, S.C. says, because section 322.212(1)(a) requires the driver’s license be stolen from

S.C. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-12T00:00:00-07:00

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

Snippet: license, in violation of Florida Statutes section 322.212(1)(a), and ordered to serve probation.1 S.C.’s … Ruiz’ driver’s licenses. We disagree. Section 322.212 makes it “unlawful for any person to ... [kjnowingly… ... driver license or identification card.” § 322.212(1)(a), Fla. Stat. (2015). “Stolen” is not defined…all the difference, S.C. says, because section 322.212(l)(a) requires the driver’s license be stolen from…adjudication of delinquency for violating section 322.212(1)(a), and the order of probation. Affirmed. .

Burgess v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-02T00:00:00-07:00

Citation: 198 So. 3d 1151, 2016 Fla. App. LEXIS 13279, 2016 WL 4607547

Snippet: statutory, section. See, e.g., §§ 322.212(1) (stating, for purposes of a statute proscribing

Burgess v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-06T00:53:00-07:00

Snippet: of a specific statutory section. See, e.g., §§ 322.212(1) (stating, for purposes of a statute proscribing

Rancifer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-25T00:00:00-07:00

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

Snippet: appellant was convicted of a violation of section 322.212(5), Florida Statutes (2011), for seeking to obtain…otherwise commit a fraud in any such application. § 322.212(5)(a), Fla. Stat. (2011). The appellant responded…was sentenced to 36 months’ probation. Section 322.212(5)(a) contains two components, either of which …its reliance to the second component of section 322.212(5)(a), which requires proof that the appellant …dismiss and VACATE the conviction under section 322.212(5). LEWIS, C.J. and WOLF, J., concur. No

Sprott v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-31T00:00:00-07:00

Citation: 99 So. 3d 634, 2012 Fla. App. LEXIS 18952, 2012 WL 5356149

Snippet: See §§ 881.09; 881.08; 817.034(4) & 777.04; 322.212(1), Fla. Stat. (2011). On his Criminal Punishment

Lynn v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-26T00:00:00-07:00

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

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

Pupo-Diaz v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-12T00:53:00-07:00

Citation: 966 So. 2d 1010

Snippet: driver's license, in violation of section 322.212(5), Florida Statutes (2005). The State presented…his probation. To prove a violation of section 322.212(5), the State must show that the probationer knowingly

Garcia v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-09T00:00:00-07:00

Citation: 939 So. 2d 1082, 2006 Fla. App. LEXIS 13260, 2006 WL 2270347

Snippet: identification card in violation of subsection 322.212(3), Florida Statutes (2000), unlawfully supplying…identification card in violation of subsection 322.212(4), Florida Statutes (2000), official misconduct…argument that her , convictions under subsections 322.212(3) and (4), Florida Statutes (2000), constituted…constituted a double jeopardy violation. Subsection 322.212(3), Florida Statutes (2000), provides: It is unlawful…identification card. (Emphasis added). Subsection 322.212(4), Florida Statutes (2000), provides: It is unlawful

State v. Gonzalez

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-02T23:53:00-08:00

Citation: 919 So. 2d 702

Snippet: THOMPSON and LAWSON, JJ., concur. NOTES [1] See § 322.212, Fla. Stat. (2003). 5D05-348 District

Bautista v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-05-27T00:53:00-07:00

Citation: 902 So. 2d 312

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

Oliver v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-04-15T00:53:00-07:00

Citation: 899 So. 2d 1195

Snippet: PETERSON and TORPY, JJ., concur. NOTES [1] § 322.212(1)(a), Fla. Stat. (2004). 5D04-1260

Dicks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-19T00:00:00-08:00

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

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

State v. Koczwara

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-14T00:00:00-08:00

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

Snippet: section 322.212(l)(a). A violation of section 322.212(5)(b) is punishable pursuant to section 322.212(6) as…prima facie case of a violation of section 322.212. Section 322.212(l)(a) makes it unlawful for any person…been altered is a violation of section 322.212(l)(a). Section 322.212(5)(b) does establish a separate offense…for a driver’s license” under section 322.212(5)(a). Section 322.212(6) thus imposes misdemeanor, penalties…related to licenses established in section 322.212. Section 322.212(5)(b) simply carves out one type of offense

Fajardo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-20T23:53:00-08:00

Citation: 805 So. 2d 961

Snippet: replaced, and re-laminated. Section 322.212 provides, in pertinent part: 322.212 Unauthorized possession of, … judgment convicting them of violating section 322.212(1)(c), Florida Statutes (1999), for possessing …this opinion. Each defendant argues that section 322.212(1)(c) does not apply to INS cards, or in the alternative…Fla.1997). We find no ambiguous terms in section 322.212(1)(c), nor do we find a plain reading of it difficult

Wallace v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-07-07T00:53:00-07:00

Citation: 764 So. 2d 758

Snippet: an identification card in violation of section 322.212(2), Florida Statutes (1999). We affirm. The Manatee…indicating a person's true name and age. See § 322.212(1), Fla. Stat. (1999). 2D99-3126 District

Janos v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-14T23:53:00-08:00

Citation: 763 So. 2d 1094

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