Florida Statutes

Fla. Stat. § 322.212 (2025)

Unauthorized possession of, and other unlawful acts in relation to, driver license or identification card.

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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.

Arrestable Offenses under F.S. 322.212

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§322.212(1)POSSESS FORGEDREMOVEDF · 3rd

§322.212(1)POSSESS COUNTERFEITEDREMOVEDF · 3rd

§322.212(1)FRAUDREMOVEDF · 3rd

§322.212(1)POSSESS STOLEN PROPREMOVEDF · 3rd

§322.212(1a)FRAUDPOSS DISPLAY BLANK FORGED STOLEN DR LIC OR IDF · 3rd

§322.212(1b)FRAUDPOSSESS SIMILITUDE OF DRIVER LICF · 3rd

§322.212(1c)FRAUDPOSSESS SIMILITUDE ID CARDF · 3rd

§322.212(1d)FRAUDSELL MFG ETC BLANK STOLEN ETC DRIVER LIC IDF · 3rd

§322.212(1d)FRAUDSELL MFGR DEL FORGED STOLEN DR LICENSE OR IDF · 3rd

§322.212(2)FRAUDSELL BARTER TRADE GIVE AWAY DR LICENSE OR IDF · 3rd

§322.212(2)FRAUDTRADE SELL ETC OR CONSPIRE TO DR LIC ID CARDF · 3rd

§322.212(3)FRAUDUNLAWFUL ISSUE DRIVERS LICENSEF · 3rd

§322.212(3)FRAUDDMV EMPLOYEE ISSUE UNLAWFUL DR LICENSE OR IDF · 3rd

§322.212(4)FRAUDSUPPLY TO ANOTHER UNLAWFUL DR LICENSE OR IDF · 3rd

§322.212(4)FRAUDREMOVEDF · 3rd

§322.212(5)FRAUD-IMPERSONRENUMBERED. SEE REC # 9506M · 2nd

§322.212(5)FRAUD-IMPERSONRENUMBERED. SEE REC # 9505F · 3rd

§322.212(5)FRAUD-FALSE STATEMENTRENUMBERED. SEE REC # 9507F · 3rd

§322.212(5a)FRAUD-IMPERSONFALSE AGE DL ID APPLICATIONM · 2nd

§322.212(5a)FRAUD-IMPERSONUSE FALSE FICTITIOUS NAME ON DL ID APPLICATIONF · 3rd

§322.212(5a)FRAUD-FALSE STATEMENTFALSE STATEMENT ON DL ID APPLICATIONF · 3rd

§322.212(5a)FRAUD-FALSE STATEMENTFRAUD ON DL ID APPLICATIONF · 3rd

§322.212(5b)FORGERY OFPOSS DRIVER LIC/ID CARD W ALTERED DOBM · 2nd

§322.212(5c)FRAUDSEX PRED/OFF POSS DL/ID ALT OR W/O DESIGNATIONF · 3rd

Civil Citations under F.S. 322.212

Driver's license points · R = revocation · S = suspension

§322.212(1)DL/ID CARD - unauthorized USE/POSSESSION - DL/Similitude of [See 322.27(1)(d)]S

§322.212(1)DL/ID CARD - unauthorized USE/POSSESSION - DL/Similitude of [See 322.27(1)(d)]—

§322.212(1)(a)DL - DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSIONS

§322.212(1)(a)DL - DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION—

§322.212(1)(b)DL - DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSIONS

§322.212(1)(c)DL - DRIVER LICENSE/ID CARD/Similitude of - unauthorized USE/POSSESSION -—

§322.212(5)(a)DL/ID CARD/Similitude of - unauthorized USE/FRAUDULENT DL/ID/CARD APPLICATIONR

§322.212(5)(b)DL/ID CARD/Similitude of - unauthorized USE/POSSESSION - altered date of birth—

§322.212(5)(c)DL/ID CARD/Similitude of - unauthorized USE/POSSESSION - sexual predator/offender markings—

Notes of Decisions

Cited in 36 cases (2 in the last 5 years), 1968–2025 · leading case: State v. Koczwara, 837 So. 2d 591 (Fla. 2d DCA 2003).

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State v. Koczwara, 837 So. 2d 591 (Fla. 2d DCA 2003). · cites it 21× “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.”

Bartee v. State, 401 So. 2d 890 (Fla. 5th DCA 1981). · cites it 8× “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,…”

Fajardo v. State, 805 So. 2d 961 (Fla. 2d DCA 2001). · cites it 5× “Section 322.212 provides, in pertinent part: 322.”

S.C. v. State, 224 So. 3d 249 (Fla. 3d DCA 2017). · cites it 7× “Section 322.212 makes it “unlawful for any person to .”

Oladipupo v. State, 574 So. 2d 301 (Fla. 5th DCA 1991). · cites it 12× “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.”

Armstrong v. State, 620 So. 2d 1120 (Fla. 5th DCA 1993). · cites it 4× “NOTES [1] § 322.212(1), Fla. Stat. (1987). [2] § 322.”

Bautista v. State, 902 So. 2d 312 (Fla. 2d DCA 2005). · cites it 2× “Mario Bautista was charged with possession of a fraudulent identification card pursuant to section 322.212, Florida Statutes (2002).”

City of St. Petersburg Beach v. Jewell, 489 So. 2d 78 (Fla. 2d DCA 1986). · cites it 4× “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.”

State of Florida v. Wendy B. Carrier, 240 So. 3d 852 (Fla. 2d DCA 2018). · cites it 4× “01, Florida Statutes (2001), expressly required "the forgery be committed 'with intent to injure or defraud,' " section 322.212 contained no similar requirement.”

Wallace v. State, 764 So. 2d 758 (Fla. 2d DCA 2000). · cites it 4× “…issues identification cards recognized in this state for the purpose of indicating a person's true name and age. See § 322.212(1), Fla. Stat. (1999).”

Pupo-Diaz v. State, 966 So. 2d 1010 (Fla. 2d DCA 2007). · cites it 3× “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).”

Purvis v. Lindsey Ex Rel. State, 587 So. 2d 638 (Fla. 4th DCA 1991). · cites it 2× “See § 322.212(6), Fla. Stat. (1989); § 775.082(4)(b), Fla.”

Show all 36 citing cases →

— 322.212(1) — 7 cases

Armstrong v. State, 620 So. 2d 1120 (Fla. 5th DCA 1993). “NOTES [1] § 322.212(1), Fla. Stat. (1987). [2] § 322.”

City of St. Petersburg Beach v. Jewell, 489 So. 2d 78 (Fla. 2d DCA 1986). “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.”

Wallace v. State, 764 So. 2d 758 (Fla. 2d DCA 2000). “…issues identification cards recognized in this state for the purpose of indicating a person's true name and age. See § 322.212(1), Fla. Stat. (1999).”

Burgess v. State, 198 So. 3d 1151 (Fla. 2d DCA 2016).

Irons v. State, 502 So. 2d 43 (Fla. 4th DCA 1987).

— 322.212(1)(a) — 4 cases

S.C. v. State, 224 So. 3d 249 (Fla. 3d DCA 2017). “Section 322.212 makes it “unlawful for any person to .”

State of Florida v. Wendy B. Carrier, 240 So. 3d 852 (Fla. 2d DCA 2018). “01, Florida Statutes (2001), expressly required "the forgery be committed 'with intent to injure or defraud,' " section 322.212 contained no similar requirement.”

Oliver v. State, 899 So. 2d 1195 (Fla. 5th DCA 2005).

S.C. v. State (Fla. 3d DCA 2017).

— 322.212(1)(c) — 1 case

Fajardo v. State, 805 So. 2d 961 (Fla. 2d DCA 2001). “Section 322.212 provides, in pertinent part: 322.”

— 322.212(2) — 1 case

— 322.212(3) — 1 case

Garcia v. State, 939 So. 2d 1082 (Fla. 3d DCA 2006).

— 322.212(4) — 1 case

Garcia v. State, 939 So. 2d 1082 (Fla. 3d DCA 2006).

— 322.212(5) — 9 cases

Oladipupo v. State, 574 So. 2d 301 (Fla. 5th DCA 1991). “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.”

Armstrong v. State, 620 So. 2d 1120 (Fla. 5th DCA 1993). “NOTES [1] § 322.212(1), Fla. Stat. (1987). [2] § 322.”

Pupo-Diaz v. State, 966 So. 2d 1010 (Fla. 2d DCA 2007). “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).”

State v. Engel, 656 So. 2d 546 (Fla. 5th DCA 1995).

— 322.212(5)(a) — 3 cases

State v. Koczwara, 837 So. 2d 591 (Fla. 2d DCA 2003). “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.”

Rancifer v. State, 160 So. 3d 119 (Fla. 1st DCA 2015).

Lynn v. State, 31 So. 3d 279 (Fla. 2d DCA 2010).

— 322.212(5)(b) — 1 case

— 322.212(5)(c) — 2 cases

Michael Crist v. State of Florida (Fla. 5th DCA 2025).

— 322.212(6) — 5 cases

Purvis v. Lindsey Ex Rel. State, 587 So. 2d 638 (Fla. 4th DCA 1991). “See § 322.212(6), Fla. Stat. (1989); § 775.082(4)(b), Fla.”

State v. Engel, 656 So. 2d 546 (Fla. 5th DCA 1995).

State v. Morales, 693 So. 2d 1063 (Fla. 4th DCA 1997).

— 322.212(l)(a) — 2 cases

S.C. v. State, 224 So. 3d 249 (Fla. 3d DCA 2017). “Section 322.212 makes it “unlawful for any person to .”

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