Florida Statute 322.212 | Lawyer Caselaw & Research

The 2024 Florida Statutes (including 2025 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:

No results found for statute 322.212.