Driver License and Identification Card Fraud
Unauthorized license or ID possession, production, transfer, or fraudulent application.
Florida Statute
§ 322.212
Driver License and Identification Card Fraud
Verified against the 2026 Florida Statutes: September 16, 2026
Quick Summary
Identify the exact act under §322.212: knowing possession/display of a specified false or unlawfully issued credential, making or supplying one, unauthorized transfer, application fraud, or altered required information. Document the credential’s defect, the actor’s conduct, and the required knowledge. Lawful possession/display of another person’s card is excepted. False-age application and altered-birth-date possession have specific misdemeanor treatment; most other covered conduct is felony-level. A genuine borrowed license used as one’s own may instead fit §322.32.
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Summary sources
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
General prohibited conduct
F.S. 322.212(1)-(6)
Unless the specific misdemeanor exception applies; includes prohibited production or distribution.
False age in application
F.S. 322.212(5)(a), (6)
False age under (5)(a), not all application fraud.
Possessing altered birth date
F.S. 322.212(5)(b), (6)
Possession under (5)(b), including a resembling instrument.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
AND — all applicable requirements
The defendant committed at least ONE charged statutory act: knowingly possessed or displayed a prohibited license or ID; knowingly produced or distributed one; unlawfully transferred or supplied one; knowingly permitted unlawful issuance as a department employee; committed application fraud; possessed a document with altered birth date; OR possessed a document with missing or altered required sexual-offender or predator markings.
Plain language: Prove the selected statutory act, not every alternative.
- Element 2AND — Required
AND — all applicable requirements
Prove the knowledge, lack of department authorization, document type, and other facts required by the selected subsection; exclude lawful possession or display of another person's document for a lawful purpose.
Plain language: Prove this requirement and any alternatives stated within it.
- Element 3Conditional
Important Definitions
Important Definitions
Driver license or identification card
The statute includes qualifying documents from other recognized states or jurisdictions and specified instruments resembling them.
Additional Notes
Additional Notes
Quick Reference
Identify the document defect and precise conduct; do not treat every borrowed ID as a felony. Preserve the document and issuance records.
Classification
Choose the exact subsection; false-age and altered-birth-date exceptions change the degree. Consult the classification rows for the exact charged track; prove the additional facts for any enhancement.
Official Source
Verified against the 2026 Florida Statutes, section 322.212, on September 16, 2026. Apply the law effective on the incident date; the five-year frequency analysis is not a substitute for current charging requirements.