Florida Statute 877.18 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 877
MISCELLANEOUS CRIMES

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F.S. 877.18

877.18 Identification card or document purporting to contain applicant’s age or date of birth; penalties for failure to comply with requirements for sale or issuance.—

(1) It is unlawful for any person, except a governmental agency or instrumentality, to sell or issue, or to offer to sell or issue, in this state any identification card or document purporting to contain the age or date of birth of the person in whose name it was issued, unless:

(a) Prior to selling or issuing such card or document, the person has first obtained from the applicant and retains for a period of 3 years from the date of sale:

1. An authenticated or certified copy of proof of age as provided in s. 1003.21(4); and

2. A notarized affidavit from the applicant attesting to the applicant’s age and that the proof-of-age document required by subparagraph 1. is for such applicant.

(b) Prior to offering to sell such cards in this state, the person has included in any offer for sale of identification cards or documents that such cards cannot be sold or issued without the applicants’ first submitting the documents required by paragraph (a).

(c) The identification card or document contains the business name and street address of the person selling or issuing such card or document.

(2) For the purposes of this section, the term “offer to sell” includes every inducement, solicitation, attempt, or printed or media advertisement to encourage a person to purchase an identification card.

(3) All records required to be maintained by this section shall be available for inspection without warrant upon reasonable demand by any law enforcement officer, including, but not limited to, a state attorney investigator or an investigator for the Division of Alcoholic Beverages and Tobacco.

(4) A person who violates 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. The failure to produce the documents required by subsection (1), upon lawful request therefor, is prima facie evidence of a violation of this section.

(5) The state attorney for any county in which a violation of this section occurs or the Attorney General may enjoin any sale or offer for sale in violation of this section by temporary and permanent injunction by application to any court of competent jurisdiction.

History.—s. 8, ch. 84-297; s. 1040, ch. 2002-387.

F.S. 877.18 on Google Scholar

F.S. 877.18 on Casetext

Amendments to 877.18

Arrestable Offenses / Crimes under Fla. Stat. 877.18

Level: Degree
Misdemeanor/Felony: First/Second/Third

S877.18 - FRAUD - SELL OR ISSUE ID CARD DOCUMENT UNLAWFULLY - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 877.18

Total Results: 3

St. Surin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-23T23:53:00-08:00

Citation: 745 So. 2d 514

Snippet: Florida Statutes (1993), and had set out in section 877.18, Florida Statutes (1993), what evidence of proof

State v. Mitro

Court: Fla. | Date Filed: 1997-09-04T00:53:00-07:00

Citation: 700 So. 2d 643

Snippet: 1996), which expressly declared invalid section 877.18, Florida Statutes (1993). We have jurisdiction.…charged with sixteen counts of violating section 877.18, Florida Statutes (1993).[1] This section makes…section 232.03, Florida Statutes (1993).[2] Section 877.18, Florida Statutes (1993), contains no exceptions…On appeal, the district court held that section 877.18, Florida Statutes (1993), was unconstitutionally…authenticated or certified copy" in section 877.18, Florida Statutes (1993), made the statute vague

Mitro v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-02T00:00:00-07:00

Citation: 681 So. 2d 303, 1996 Fla. App. LEXIS 10300, 1996 WL 556847

Snippet: years. Id. § 877.18(l)(a). Violation of the statute is a third degree felony.1 *304Section 877.18 requires…provided in s. 232.03[.]” Id. § 877.18(l)(a)l. As written, paragraph 877.18(l)(a)l appears to require that…section 877.18, we conclude that the statute is unconstitutionally vague. The text of section 877.18 sets…, section 877.18 requires an “authenticated or certified copy of proof of age,” id. § 877.18(l)(a)l, but…the law requires. Section 877.18 does not do so. We conclude that section 877.18 is unconstitutionally vague