(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.
Structure Florida Statutes
322.02 - Legislative Intent; Administration.
322.0255 - Florida Motorcycle Safety Education Program.
322.03 - Drivers Must Be Licensed; Penalties.
322.031 - Nonresident; When License Required.
322.032 - Digital Proof of Driver License or Identification Card.
322.04 - Persons Exempt From Obtaining Driver License.
322.05 - Persons Not to Be Licensed.
322.051 - Identification Cards.
322.058 - Suspension of Driving Privilege Due to Support Delinquency; Reinstatement.
322.059 - Mandatory Surrender of Suspended Driver License and Registration.
322.0602 - Youthful Drunk Driver Visitation Program.
322.065 - Driver License Expired for 6 Months or Less; Penalties.
322.07 - Instruction Permits and Temporary Licenses.
322.08 - Application for License; Requirements for License and Identification Card Forms.
322.081 - Requests to Establish Voluntary Checkoff on Driver License Application.
322.09 - Application of Minors; Responsibility for Negligence or Misconduct of Minor.
322.091 - Attendance Requirements.
322.095 - Traffic Law and Substance Abuse Education Program for Driver License Applicants.
322.10 - Release From Liability.
322.11 - Revocation of License Upon Death of Person Signing Minor’s Application.
322.12 - Examination of Applicants.
322.121 - Periodic Reexamination of All Drivers.
322.125 - Medical Advisory Board.
322.126 - Report of Disability to Department; Content; Use.
322.13 - Driver License Examiners.
322.135 - Driver License Agents.
322.14 - Licenses Issued to Drivers.
322.141 - Color or Markings of Certain Licenses or Identification Cards.
322.142 - Color Photographic or Digital Imaged Licenses.
322.143 - Use of a Driver License or Identification Card.
322.15 - License to Be Carried and Exhibited on Demand; Fingerprint to Be Imprinted Upon a Citation.
322.16 - License Restrictions.
322.161 - High-Risk Drivers; Restricted Licenses.
322.1615 - Learner’s Driver License.
322.17 - Replacement Licenses and Permits.
322.18 - Original Applications, Licenses, and Renewals; Expiration of Licenses; Delinquent Licenses.
322.19 - Change of Address or Name.
322.20 - Records of the Department; Fees; Destruction of Records.
322.201 - Records as Evidence.
322.202 - Admission of Evidence Obtained From the Division of Motorist Services.
322.21 - License Fees; Procedure for Handling and Collecting Fees.
322.22 - Authority of Department to Cancel or Refuse to Issue or Renew License.
322.221 - Department May Require Reexamination.
322.23 - Suspending Privileges of Nonresidents and Reporting Convictions.
322.24 - Suspending Resident’s License Upon Conviction in Another State.
322.25 - When Court to Forward License to Department and Report Convictions.
322.2505 - Court to Forward License of Person Adjudicated Incapacitated to Department.
322.251 - Notice of Cancellation, Suspension, Revocation, or Disqualification of License.
322.26 - Mandatory Revocation of License by Department.
322.2615 - Suspension of License; Right to Review.
322.26151 - Review of Materials Submitted by Law Enforcement Officer.
322.2616 - Suspension of License; Persons Under 21 Years of Age; Right to Review.
322.264 - “Habitual Traffic Offender” Defined.
322.27 - Authority of Department to Suspend or Revoke Driver License or Identification Card.
322.271 - Authority to Modify Revocation, Cancellation, or Suspension Order.
322.2715 - Ignition Interlock Device.
322.274 - Automatic Revocation of Driver License.
322.276 - Out-of-State Sanctions; Issuance of License.
322.28 - Period of Suspension or Revocation.
322.283 - Commencement of Period of Suspension or Revocation for Incarcerated Offenders.
322.29 - Surrender and Return of License.
322.292 - Dui Programs Supervision; Powers and Duties of the Department.
322.293 - Dui Programs; Assessment; Disposition.
322.32 - Unlawful Use of License.
322.33 - Making False Affidavit Perjury.
322.34 - Driving While License Suspended, Revoked, Canceled, or Disqualified.
322.341 - Driving While License Permanently Revoked.
322.35 - Permitting Unauthorized Minor to Drive.
322.36 - Permitting Unauthorized Operator to Drive.
322.37 - Employing Unlicensed Driver.
322.38 - Renting Motor Vehicle to Another.
322.41 - Local Issuance of Driver Licenses Prohibited.
322.42 - Construction of Chapter.
322.44 - Driver License Compact.
322.45 - Department of Highway Safety and Motor Vehicles; Duty.
322.46 - Compact Administrator.
322.47 - Executive Head Defined.
322.48 - Review of Employee’s Acts.
322.50 - Nonresident Violator Compact.
322.52 - Conflict With Other Laws.
322.53 - License Required; Exemptions.
322.56 - Contracts for Administration of Driver License Examination.
322.57 - Tests of Knowledge Concerning Specified Vehicles; Endorsement; Nonresidents; Violations.
322.59 - Possession of Medical Examiner’s Certificate.
322.61 - Disqualification From Operating a Commercial Motor Vehicle.
322.62 - Driving Under the Influence; Commercial Motor Vehicle Operators.
322.63 - Alcohol or Drug Testing; Commercial Motor Vehicle Operators.
322.65 - Driver License Record Exchange.
322.66 - Vehicles Permitted to Be Driven During Driving Skills Tests.