Arrestable Offenses / Crimes under Fla. Stat. 322.212
S322.212 5 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9506 - M: S
S322.212 5 - FRAUD-IMPERSON - RENUMBERED. SEE REC # 9505 - F: T
S322.212 5 - FRAUD-FALSE STATEMENT - RENUMBERED. SEE REC # 9507 - F: T
S322.212 5a - FRAUD-IMPERSON - USE FALSE FICTITIOUS NAME ON DL ID APPLICATION - F: T
CopyCited 16 times | Published | Florida 5th District Court of Appeal
...Appellant pled nolo contendere to that misdemeanor charge in the county court and was adjudicated guilty and sentenced to ten days in jail. Thereafter, based on the same event upon which the misdemeanor charge was based, the State filed an information in the circuit court charging appellant with the felony violation of section 322.212, Florida Statutes (1979), by knowingly having in his possession a blank, forged, stolen, fictitious, counterfeit or unlawfully issued operator's license....
...eopardy of conviction and punishment for an offense which could have been established by proof that petitioner displayed or possessed a fictitious operator's license. Therefore he cannot again be placed in jeopardy of conviction for an offense under section
322.212, Florida Statutes for knowingly [7] having in his possession a fictitious operator's license. Accordingly, because a single set of facts, i.e., the knowing possession of a fictitious operator's license, is sufficient to violate both section
322.32 and section
322.212, Florida Statutes, a person once put in jeopardy of a violation of either statutory offense cannot also be placed in jeopardy of conviction or punishment for the other statutory offense based on the same factual event. Therefore, appellant's conviction and sentence for violation of section
322.212, Florida Statutes, is REVERSED....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1471739
...Butterworth, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Acting Chief Judge. 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....
...The officer determined that the INS card was altered or fake. As an example, the INS card that Mr. Valencia possessed was placed in the record. The card bears Mr. Valencia's correct name, but the identification number on the card is invalid and the picture was apparently cut out, replaced, and re-laminated. Section 322.212 provides, in pertinent part: 322.212 Unauthorized possession of, and other unlawful acts in relation to, driver's license or identification card. (1) It is unlawful for any person: ....
...The majority of cases considering whether a statute is unconstitutional for vagueness address specific terms within the statute that are unclear. See, e.g., Brown,
629 So.2d 841; State v. Mitro,
700 So.2d 643 (Fla.1997). We find no ambiguous terms in section
322.212(1)(c), nor do we find a plain reading of it difficult or unclear....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1249199
...r Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Deborah Fraim Hogge, Assistant Attorney General, Tampa, for Appellee. SILBERMAN, Judge. Mario Bautista was charged with possession of a fraudulent identification card pursuant to section 322.212, Florida Statutes (2002)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1991 WL 205853
...Petitioner has filed a petition for writ of habeas corpus, contending that he is being illegally detained on probation and that the trial court lacks jurisdiction to proceed with a violation of probation hearing. Petitioner pled guilty to a second degree misdemeanor punishable by a maximum of 60 days in jail. See § 322.212(6), Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1993 WL 242586
...Additionally, we affirm condition 7 of the order requiring appellant to work diligently to the best of his ability but reverse condition 16 requiring appellant to maintain full-time and part-time employment. AFFIRMED in part; MODIFIED in part; REVERSED in part. GRIFFIN and THOMPSON, JJ., concur. NOTES [1] § 322.212(1), Fla. Stat. (1987). [2] § 322.212(5), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1988 WL 137194
...'s license but contained a misspelled city of residence. Deputies, after a computer check, determined that a Texas driver's license with the same number was registered to a woman. Possession of a fictitious driver's license is a third-degree felony. § 322.212, Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee. Before PEARSON, HENDRY and HAVERFIELD, JJ. PER CURIAM. Defendant-appellant was informed against for unlawful possession of blank, stolen, or counterfeit driver's licenses [in violation of Fla. Stat. § 322.212(1), F.S.A.], was tried non-jury, found guilty and sentenced to six months in the Dade County Jail, plus a one (1) year period of probation thereafter....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 898242
...Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. SALCINES, Judge. Clifford Wallace appeals his conviction for the unlawful sale of an identification card in violation of section 322.212(2), Florida Statutes (1999)....
...da Department of Highway Safety and Motor Vehicles 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. See § 322.212(1), Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...Gen., for appellee. *736 Before BARKDULL, HENDRY and SWANN, JJ. SWANN, Judge. The defendant below, Mortimer Norman Koran, was charged by information in Dade County, Florida, with the unlawful possession of counterfeit driver's licenses in violation of Fla. Stat. § 322.212(1), F.S.A....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 93822
...Ozbourn had three Florida identification cards and an Illinois driver's license, each with a different name and date of birth, when she was arrested on November 6, 1992. By information filed on December 17, 1992, she was charged with unauthorized possession of a fictitious driver's license "in violation of Section
322.212, Florida Statutes," and resisting arrest without violence "in violation of Section
843.02, Florida Statutes." On January 14, 1993, the State filed a motion for a mental examination to determine Ms....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 980, 1986 Fla. App. LEXIS 7464
...mpassed within section
319.33(4). Also, we do not conclude that the Camaro was an instrumentality in the commission of the crime of fraudulently obtaining either an automobile title certificate under section
319.33(1)(e), or a driver's license under section
322.212(5), Florida Statutes (1985)....
...clearly said so. See Cabrera; Coleman. No other felony appears to have been committed incident to the fraudulent driver's license through the Camaro as an instrumentality. Although possession of a fraudulently obtained driver's license is a felony, section 322.212(1), Florida Statutes (1985), it is not shown that the Camaro was an instrumentality of that possession....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 WL 247888
...authority. Instead, the testimony presented at the hearing on the motion to suppress indicated that Middleton simply asked Gonzalez for her identification and she gave it to him. REVERSED and REMANDED. THOMPSON and LAWSON, JJ., concur. NOTES [1] See § 322.212, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2017 WL 2960626, 2017 Fla. App. LEXIS 9959
LUCK, J. S.C., after trial, was adjudicated delinquent of possessing a stolen driver’s license, in violation of Florida Statutes section 322.212(1)(a), and ordered to serve probation....
...guilty of the unauthorized possession of a stolen driver’s license. S.C. contends on appeal, as he did before the trial court, that his motion for judgment of dismissal should have been granted because there was insufficient evidence he stole Mario Ruiz’ driver’s licenses. We disagree. Section 322.212 makes it “unlawful for any person to ... [kjnowingly have in his or her possession ... any ... stolen ... driver license or identification card.” § 322.212(1)(a), Fla....
...S.C. claims he stole the driver’s licenses from his friend—who may have had authorization or permission to have the driver’s licenses—and not from his friend’s brother. How one views the “he” makes all the difference, S.C. says, because section 322.212(l)(a) requires the driver’s license be stolen from the person to whom it was issued, and not a third party....
...These facts, in addition to the confession, support the trial court’s finding that S.C. knew the licenses in his possession were taken from their owner without permission or authorization. For these reasons, we affirm S.C.’s adjudication of delinquency for violating section 322.212(1)(a), and the order of probation....
...I.D., is “[a] multifaceted database that affords immediate *250 retrieval of driver and motor vehicle information.” http://www.flhsmv.gov/courts/david/ (last visited June 22, 2017), . We use older dictionaries from the 1960s because that is when section 322.212 became law, Ch....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2963742
...We conclude that the trial court erred in finding that Pupo-Diaz violated his probation. Accordingly, we reverse. The trial court revoked Pupo-Diaz's probation on its finding that he had committed the criminal offense of knowingly providing false information to obtain a commercial *1011 driver's license, in violation of section 322.212(5), Florida Statutes (2005)....
...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....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 WL 16312
...Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. The defendant was charged with, convicted and sentenced, in the circuit court, for 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, punishable under section
775.082, Florida Statutes, to a maximum sentence of 60 days in jail. For this offense he was convicted for a third degree felony and sentenced to 180 days in the county jail with credit for 60 days time served. 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. [1] 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 REVERSED....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 856924
..., even after Mr. Oliver failed to appear at the earlier proceeding. The trial court under the circumstances of this case was, therefore, at liberty to impose any lawful sentence. It did just that. AFFIRMED. PETERSON and TORPY, JJ., concur. NOTES [1] § 322.212(1)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...mutilation of the parimutuel ticket." Id.
However, this court has declined to read a specific intent to injure or
defraud into a statute. See State v. Koczwara,
837 So. 2d 591, 594 (Fla. 2d DCA
2003). In Koczwara, this court considered section
322.212(1)(a), Florida Statutes
-8-
(2001), which made it unlawful to knowingly possess "any blank, forged, stolen,
fictitious, counterfeit, or unlawfully issued driver's license or identific...
...The core
meaning of 'forgery' is 'falsely making or altering a writing.' Random House Unabridged
Dictionary 751 (2d ed. 1993) (emphasis supplied)." Koczwara,
837 So. 2d at 593. This
court concluded that a driver's license with a falsely altered license number is a forged
or fictitious license under section
322.212(1)(a)....
...specific intent to injure or defraud." Id. at 594. This court stated that although the
general prohibition against forgery in section
831.01, Florida Statutes (2001), expressly
required "the forgery be committed 'with intent to injure or defraud,' " section
322.212
contained no similar requirement....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 1191480
...tive election. Engel, however, is distinguishable in that the defendant in that case tried to use the procedure to dispose of a driver's license fraud violation. Engel was arrested and charged with driver's license fraud, a third degree felony under section 322.212(5), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 2232, 1989 Fla. App. LEXIS 5148, 1989 WL 108479
PATTERSON, Judge. The state appeals from an order granting a motion to suppress and a motion to dismiss in a prosecution against appellee for the unauthorized use and possession of an identification card. See § 322.212(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 9664, 1994 WL 549503
...We find that the trial court must give further consideration to some of appellant’s claims and accordingly we affirm in part and reverse in part. Rodgers was tried by a jury and found guilty of two felonies, apparently two counts of false application for a driver’s license, a third-degree felony under section 322.212(5) and (6), Florida Statutes (counts I and II below)....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 5137, 1997 WL 249124
...The state appeals the trial court’s order granting Jonathan Morales’ motion to dismiss the information filed against him. We affirm. Morales and Freddy Vilchez were charged by information with fraudulent use of a driver’s license in violation of section 322.212(6) and (6), Florida Statutes (1996)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19997
for unlawful possession of a driver’s license. § 322.-212(1), Fla.Stat. (1979). He then searched the car
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 3899, 2010 WL 1135994
...James Lynn a/k/a James Donofrio appeals the denial of his "Motion to Accredit Jail Time." The postconviction court addressed the motion under Florida Rule of Criminal Procedure 3.800. Mr. Lynn was arrested on October 2, 2007, for false application of a driver's license, a third-degree felony. See § 322.212(5)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 4197, 2015 WL 1334033
ROBERTS, J. The appellant was convicted of a violation of section 322.212(5), Florida Statutes (2011), for seeking to obtain a Florida identification card under a false name....
...awful for any person to use a false or fictitious name in any application for a driver’s 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. § 322.212(5)(a), Fla....
...The trial court concluded that intent and credibility were factual matters for jury resolution and denied the appellant’s motion to dismiss. The appellant then entered a plea of no contest to the charge, reserving the right to appeal the legally dispositive issue. He was sentenced to 36 months’ probation. Section 322.212(5)(a) contains two components, either of which may provide a basis for criminal activity....
...nd the federal government. *122 The implementation of the Real ID Act by the State constitutes a limited preemption of the ability to effect a common law name change. At oral argument, the State tried to shift its reliance to the second component of section 322.212(5)(a), which requires proof that the appellant knowingly made a false statement, knowingly concealed a material fact, or otherwise committed a fraud in his Florida identification card application....
...While the appellant will likely have to take further steps to navigate this administrative conundrum, we cannot agree that his actions in attempting to handle the situation were criminal. We REVERSE the trial court’s order denying the appellant’s motion to dismiss and VACATE the conviction under section 322.212(5)....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 3724, 2003 WL 1239548
PER CURIAM. The state charged appellant with four separate violations of section 322.212, Florida Statutes (1999) because he possessed false driver’s licenses and identification cards....
CopyPublished | Florida 2nd District Court of Appeal
license, in violation of Florida Statutes section
322.212(1)(a), and ordered to serve probation.1 S.C
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 382, 1987 Fla. App. LEXIS 11883
unlawfully issued driver’s license contrary to section
322.212(1), Florida Statutes (1985). The trial court
CopyPublished | Florida 5th District Court of Appeal
...Crist was charged with
possession of a driver license without the required designation
and for tampering with evidence (by attempting to scratch off the
sticker).
Crist moved to have the statutes requiring the SEXUAL
PREDATOR designation (sections
322.212(5)(c) and
322.141
(3)(a), Florida Statutes) declared unconstitutional as applied to
him....
...PREDATOR” as
one means of protecting vulnerable children from those who may
desire to sexually abuse them? Of course it is.
Yet, remarkably, the majority in its ill-conceived opinion
concludes otherwise and declares unconstitutional sections
322.212(5)(c) and
322.141(3)(a), Florida Statutes (2021).
Undeterred by the long-standing and strong presumption that
duly enacted Florida statutes are constitutional, the majority
races into a dangerously wayward opinion that ends in a
repugnant res...
...concealed the “SEXUAL PREDATOR” marking. When the officer
was able to obtain Crist’s license, he observed a smiley face
18
sticker covering the statutorily required marking. Crist was
arrested.
Crist was charged with violation of section
322.212(5)(c),
Florida Statutes, and attempted tampering with evidence. As a
result of these charges, he also was alleged to have violated his
probation. Crist filed his motion asking the trial court to declare
sections
322.212(5)(c) and
322.141(3)(a) unconstitutional....
...license or identification card . . . the marking ‘SEXUAL
PREDATOR.’” §
322.141(3)(a), Fla. Stat. If the designated sexual
predator fails to display or otherwise alters this required
marking on the driver license issued to him, he commits a third-
degree felony. See §
322.212(5)(c) and (6), Fla....
...partment of
Highway Safety and Motor Vehicles is unconstitutional because
it compels his speech in violation of the First Amendment to the
United States Constitution. I disagree.
To determine the constitutionality of sections
322.141(3)(a)
and
322.212(5)(c), we must resolve two issues....
CopyPublished | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 645, 1987 Fla. App. LEXIS 7019
...probation which imposed $200 court costs against him pursuant to section 27.3455, Florida Statutes (1985). Appellant pled nolo contendere to an information charging him with the unauthorized use or possession of a driver’s license in violation of section 322.212, Florida Statutes (1983)....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 1545, 2003 WL 327604
CANADY, Judge. The State charged Katherine Koczwara with unauthorized possession of a driver’s license in violation of section 322.212, Florida Statutes (2001), based on her possession of two driver’s licenses with altered license numbers. Koczwara’s motion pursuant to Florida Rule of Criminal Procedure 3.190(c)(4) to dismiss the charge was granted by the trial court based on its conclusion that section 322.212 does not prohibit the possession of a driver’s license with an altered license number....
...[n]either Ms. Koczwara’s name, address, or date of birth was altered on any of these driver’s licenses.” Koc-zwara contended — and the trial court agreed — that these undisputed facts do not establish a prima facie case of a violation of section 322.212. Section 322.212(l)(a) makes it unlawful for any person: (a) Knowingly to have in his or her possession or to display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver’s license or identification card or any instrument...
...pport of her position that this subsection does not cover the possession of a driver’s license with an altered license number, Koczwara cites the prohibition against the possession of a driver’s license with an altered date of birth contained in section 322.212(5)(b): “It is unlawful for any person to have in his or her possession a driver’s license or identification card upon which the date of birth has been altered.” Koczwara argues that since no reference is made in the statute to other types of alterations, the only prohibition in section 322.212 relating to altered licenses is the prohibition on the possession of licenses with an altered date of birth....
...ging the name, address, or photograph, as well as the license number. This reading of the statute urged by Koc-zwara — and apparently accepted by the trial court — is inconsistent with the plain meaning of the text. The prohibitions contained in section 322.212(l)(a) — particularly the prohibitions on knowing possession of a “forged” or “fictitious” license — cover the possession of a driver’s license with an altered license number....
...And a driver’s license with a falsely altered license number is as much a forged or fictitious license as a license with a false name, a false address, or a false photograph. Knowing possession of a license on which such basic identifying information has been altered is a violation of section 322.212(l)(a). 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(l)(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 *594 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 driver’s licenses from the scope of the conduct plainly prohibited by section 322.212(l)(a)....
...the forgery of various documents (not including driver’s licenses) in section
831.01, Florida Statutes (2001), contains an express requirement that the forgery be committed “with intent to injure or defraud,” no similar requirement is found in section
322.212. In the absence of legislative provision for such a specific intent element of the offense created in section
322.212, it would be improper to require that the State charge and prove the existence of the specific intent to injure or defraud....
CopyPublished | Florida 5th District Court of Appeal
...a truth about his criminal history: he is a “SEXUAL PREDATOR.”
§
322.141(3)(a), Fla. Stat. (2019). Florida law also prohibits Crist
from possessing a driver license “upon which the sexual predator
. . . marking[ ]” is “not displayed” or has “been altered.” Id.
§
322.212(5)(c)....
...§ 212b.
3
had been altered, as well as with evidence-tampering (for
attempting to remove the sticker). Crist moved the trial court to
declare unconstitutional as applied to his prosecution
sections
322.141(3)(a) and
322.212(5)(c)—the marked-license
requirement for sexual predators....
...It is the
appellant’s burden to show we must reverse, and he cannot meet
that burden without overcoming all bases for affirmance.”
(citations omitted)).
***
For the foregoing reasons, we reject Crist’s as-applied First
Amendment challenge to sections
322.141(3)(a) and
322.212(5)(c),
and we affirm his conviction.
AFFIRMED.
JAY, C.J., and EISNAUGLE, BOATWRIGHT, KILBANE, and MACIVER,
JJ., concur.
EISNAUGLE, J., concurs with opinion in which PRATT, J., concurs.
KILBANE, J., concurs with opinion in which EDWARD...
...I
reached in my dissent thereto. As a result, I concur with the en
banc majority’s decision—which affirms the trial court’s denial of
Appellant Michael Crist’s motion to dismiss the charges against
him and upholds as constitutional sections
322.212(5)(c) and
322.141(3)(a), Florida Statutes....
...trying to remove a sticker from his license that concealed the
“SEXUAL PREDATOR” marking. When the officer was able to
obtain Crist’s license, he observed a smiley face sticker covering
the statutorily required marking. Crist was arrested.
Crist was charged with violation of section
322.212(5)(c),
Florida Statutes, and attempted tampering with evidence. As a
result of these charges, he also was alleged to have violated his
probation. Crist filed his motion asking the trial court to declare
sections
322.212(5)(c) and
322.141(3)(a) unconstitutional....
...license or identification card . . . the marking ‘SEXUAL
PREDATOR.’” §
322.141(3)(a), Fla. Stat. If the designated sexual
predator fails to display or alters this required marking on the
driver license issued to him, he commits a third-degree felony. See
§
322.212(5)(c), (6), Fla....
...Safety and Motor Vehicles is unconstitutional because it compels
45
his speech in violation of the First Amendment to the United
States Constitution. His argument fails.
To determine the constitutionality of sections
322.141(3)(a)
and
322.212(5)(c), we must resolve two issues....
...ial branches. No person
belonging to one branch shall exercise any powers appertaining to
either of the other branches unless expressly provided herein.”);
see also Arts. I–III, U.S. Const.
III.
As sections
322.212(5)(c) and
322.141(3)(a), Florida Statutes,
are plainly constitutional and do not violate Crist’s right to speech
secured by the First Amendment, the trial court correctly denied
his motion.
54
Case No....
...Crist was charged with
possession of a driver license without the required designation
and for tampering with evidence (by attempting to scratch off the
sticker).
Crist moved to have the statutes requiring the SEXUAL
PREDATOR designation (sections
322.212(5)(c) and
322.141
(3)(a), Florida Statutes) declared unconstitutional as applied to
him....
CopyPublished | Florida 4th District Court of Appeal
...It merely requires the individual be
using the vehicle in the commission of a felony, which is what occurred
here.
Here, law enforcement arrested the defendant for “possession of
unlawfully issued, stolen, fictitious, blank, forged, counterfeit driver’s
license.” This is a felony under section 322.212, Fla....
