CODING: Words stricken are deletions; words underlined are additions.House Bill 0507
Florida House of Representatives - 1997 HB 507
By Representative Trovillion
1 A bill to be entitled
2 An act relating to driver's licenses and
3 identification cards; amending s. 322.32, F.S.;
4 deleting reference to possession of a
5 fictitious or fraudulently altered driver's
6 license, knowingly permitting another to use
7 one's driver's license, using another's
8 driver's license, and permitting unlawful use
9 of a driver's license; amending s. 322.212,
10 F.S.; providing that it is unlawful for any
11 person knowingly to possess any instrument in
12 the similitude of a driver's license issued by
13 the Department of Highway Safety and Motor
14 Vehicles or of any other state or jurisdiction
15 that issues licenses recognized in this state
16 for the operation of a motor vehicle, or any
17 identification card issued by the department or
18 of another state or jurisdiction, unless
19 possession by such person has been duly
20 authorized by the department; providing
21 penalties; providing that it is unlawful to
22 allow another to use one's driver's license or
23 identification card or to use another's
24 driver's license or identification card;
25 amending s. 831.29, F.S.; prohibiting the
26 possession, use, or transport of implements and
27 materials used to produce identification cards;
28 amending s. 921.0012, F.S.; conforming
29 cross-references; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Section 322.32, Florida Statutes, is
2 amended to read:
3 322.32 Unlawful use of license.--It is a misdemeanor
4 of the second degree, punishable as provided in s. 775.082 or
5 s. 775.083, for any person:
6 (1) To display, cause or permit to be displayed, or
7 have in his or her possession any canceled, revoked,
8 suspended, or disqualified, fictitious, or fraudulently
9 altered driver's license.
10 (2) To lend his or her driver's license to any other
11 person or knowingly permit the use thereof by another.
12 (3) To display, or represent as his or her own, any
13 driver's license not issued to him or her.
14 (2)(4) To fail or refuse to surrender to the
15 department upon its lawful demand any driver's license that
16 which has been suspended, revoked, disqualified, or canceled.
17 (5) To permit any unlawful use of a driver's license
18 issued to him or her.
19 (3)(6) To apply for, obtain, or cause to be issued to
20 him or her two or more photographic driver's licenses which
21 are in different names. The issuance of such licenses shall
22 be prima facie evidence that the licensee has violated the
23 provisions of this section unless the issuance was in
24 compliance with the requirements of this chapter.
25 (4)(7) To do any act forbidden, or fail to perform any
26 act required, by this chapter.
27 Section 2. Section 322.212, Florida Statutes, is
28 amended to read:
29 322.212 Unauthorized possession of, and other unlawful
30 acts in relation to, driver's license or identification
31 card.--
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1 (1) It is unlawful for any person:
2 (a) Knowingly to have in his or her possession or to
3 display any blank, forged, stolen, fictitious, counterfeit, or
4 unlawfully issued driver's license or identification card or
5 any instrument in the similitude of a driver's license or
6 identification card described in s. 322.051 unless possession
7 by such person has been duly authorized by the department;
8 (b) Knowingly to have in his or her possession any
9 instrument in the similitude of a driver's license issued by
10 the department or its duly authorized agents or those of any
11 state or jurisdiction issuing licenses recognized in this
12 state for the operation of a motor vehicle; or
13 (c) Knowingly to have in his or her possession any
14 instrument in the similitude of an identification card issued
15 by the department or its duly authorized agents or those of
16 any state or jurisdiction issuing identification cards
17 recognized in this state for the purpose of indicating a
18 person's true name and age.
19
20 The term "driver's license" includes a driver's license issued
21 by the department or its agents or a driver's license issued
22 by any state or jurisdiction that issues licenses recognized
23 in this state for the operation of a motor vehicle. The term
24 "identification card" includes any identification card issued
25 by the department or its agents or any identification card
26 issued by any state or jurisdiction that issues identification
27 cards recognized in this state for the purpose of indicating a
28 person's true name and age. This subsection does not prohibit
29 a person from possessing or displaying another person's
30 driver's license or identification card for a lawful purpose.
31
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1 (2) It is unlawful for any person to barter, trade,
2 sell, or give away, or allow another to use for an unlawful
3 purpose any driver's license or identification card or to
4 perpetrate a conspiracy to barter, trade, sell, or give away,
5 or allow another to use for an unlawful purpose any such
6 license or identification card unless such person has been
7 duly authorized to issue the license or identification card by
8 the department as provided in this chapter or in the adopted
9 rules and regulations of the department.
10 (3) It is unlawful for any person to display as his or
11 her own, or for any other unlawful purpose, any driver's
12 license or identification card not issued to him or her.
13 (4)(3) It is unlawful for any employee of the
14 department to allow or permit the issuance of a driver's
15 license or identification card when he or she knows that the
16 applicant has not lawfully fulfilled the requirements of this
17 chapter for the issuance of such license or identification
18 card.
19 (5)(4) It is unlawful for any person to agree to
20 supply or to aid in supplying any person with a driver's
21 license or identification card by any means whatsoever not in
22 accordance with the provisions of this chapter.
23 (6)(5) It is unlawful for any person to use a false or
24 fictitious name in any application for a driver's license or
25 identification card or knowingly to make a false statement,
26 knowingly conceal a material fact, or otherwise commit a fraud
27 in any such application.
28 (7)(6) Any person who violates any of the provisions
29 of this act is guilty of a felony of the third degree,
30 punishable as provided in s. 775.082, s. 775.083, or s.
31 775.084. However, any person who violates the provisions of
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1 subsection (6) (5) by giving a false age in any application
2 for a driver's license or identification card is guilty of a
3 misdemeanor of the second degree, punishable as provided in s.
4 775.082 or s. 775.083.
5 (8)(7) The foregoing provisions of this section are in
6 addition and supplemental to all other provisions of this
7 chapter and of the laws of this state relating to driver's
8 licenses and identification cards.
9 Section 3. Section 831.29, Florida Statutes, is
10 amended to read:
11 831.29 Making or having instruments and material for
12 counterfeiting driver's drivers' licenses or identification
13 cards.--Any person who Whoever has control, custody, or
14 possession of any plate, block, press, stone, or other tool,
15 instrument, or implement, or any part thereof;, or whoever
16 engraves, makes, or amends, or begins to engrave, make, or
17 amend, any plate, block, press, stone, or other tool,
18 instrument, or implement;, or whoever brings into the state
19 any such plate, block, press, stone, or other tool,
20 instrument, or implement, or any part thereof, in the
21 similitude of the driver's drivers' licenses or identification
22 cards issued by the Department of Highway Safety and Motor
23 Vehicles or its duly authorized agents or those of any state
24 or jurisdiction that which issues licenses recognized in this
25 state for the operation of a motor vehicle or that issues
26 identification cards recognized in this state for the purpose
27 of indicating a person's true name and age;, or whoever has
28 control, custody, or possession of or makes or provides any
29 paper or other material adapted and designed for the making of
30 a false and counterfeit driver's license or identification
31 card purporting to be issued by the Department of Highway
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1 Safety and Motor Vehicles or its duly authorized agents, or
2 those of any state or jurisdiction that which issues licenses
3 recognized in this state for the operation of a motor vehicle
4 or that issues identification cards recognized in this state
5 for the purpose of indicating a person's true name and age; or
6 whoever has in his possession, control, or custody any such
7 plate or block engraved in any part, or any press or other
8 tool or, instrument or any paper or other material adapted and
9 designed as aforesaid, with intent to sell, issue, publish,
10 pass, or utter the same or to cause or permit the same to be
11 used in forging or making any such false or counterfeit
12 driver's license or identification card; or whoever prints,
13 photographs, or in any manner makes or executes any engraved
14 photograph, print, or impression by any process whatsoever in
15 the similitude of any such licenses or identification cards
16 with the intent to sell, issue, publish, or utter the same or
17 to cause or permit the same to be used in forging or making
18 any such false and counterfeit driver's license or
19 identification card of this state or any state or jurisdiction
20 that which issues licenses recognized in this state for the
21 operation of a motor vehicle or that issues identification
22 cards recognized in this state for the purpose of indicating a
23 person's true name and age is shall be guilty of a felony of
24 the second degree, punishable as provided in s. 775.082, s.
25 775.083, or s. 775.084.
26 Section 4. Paragraphs (a) and (c) of subsection (3) of
27 section 921.0012, Florida Statutes, 1996 Supplement, are
28 amended to read:
29 921.0012 Sentencing guidelines offense levels; offense
30 severity ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
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1 Florida Felony
2 Statute Degree Description
3
4 (a) LEVEL 1
5 24.118(3)(a) 3rd Counterfeit or altered state
6 lottery ticket.
7 212.054(2)(b) 3rd Discretionary sales surtax;
8 limitations, administration, and
9 collection.
10 212.15(2)(b) 3rd Failure to remit sales taxes,
11 amount greater than $300 but less
12 than $20,000.
13 319.30(5) 3rd Sell, exchange, give away
14 certificate of title or
15 identification number plate.
16 319.35(1)(a) 3rd Tamper, adjust, change, etc., an
17 odometer.
18 320.26(1)(a) 3rd Counterfeit, manufacture, or sell
19 registration license plates or
20 validation stickers.
21 322.212(1) 3rd Possession of forged, stolen,
22 counterfeit, or unlawfully issued
23 driver's license; possession of
24 simulated identification.
25 322.212(5)(4) 3rd Supply or aid in supplying
26 unauthorized driver's license or
27 identification card.
28 322.212(6)(5) 3rd False application for driver's
29 license or identification card.
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31
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1 370.13(4)(a) 3rd Molest any stone crab trap, line,
2 or buoy which is property of
3 licenseholder.
4 370.135(1) 3rd Molest any blue crab trap, line,
5 or buoy which is property of
6 licenseholder.
7 372.663(1) 3rd Poach any alligator or
8 crocodilia.
9 414.39(2) 3rd Unauthorized use, possession,
10 forgery, or alteration of food
11 stamps, Medicaid ID, value
12 greater than $200.
13 414.39(3)(a) 3rd Fraudulent misappropriation of
14 public assistance funds by
15 employee/official, value more
16 than $200.
17 443.071(1) 3rd False statement or representation
18 to obtain or increase
19 unemployment compensation
20 benefits.
21 458.327(1)(a) 3rd Unlicensed practice of medicine.
22 466.026(1)(a) 3rd Unlicensed practice of dentistry
23 or dental hygiene.
24 509.151(1) 3rd Defraud an innkeeper, food or
25 lodging value greater than $300.
26 517.302(1) 3rd Violation of the Florida
27 Securities and Investor
28 Protection Act.
29 562.27(1) 3rd Possess still or still apparatus.
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1 713.69 3rd Tenant removes property upon
2 which lien has accrued, value
3 more than $50.
4 812.014(3)(c) 3rd Petit theft (3rd conviction);
5 theft of any property not
6 specified in subsection (2).
7 812.081(2) 3rd Unlawfully makes or causes to be
8 made a reproduction of a trade
9 secret.
10 815.04(4)(a) 3rd Offense against intellectual
11 property (i.e., computer
12 programs, data).
13 817.52(2) 3rd Hiring with intent to defraud,
14 motor vehicle services.
15 826.01 3rd Bigamy.
16 828.122(3) 3rd Fighting or baiting animals.
17 831.04(1) 3rd Any erasure, alteration, etc., of
18 any replacement deed, map, plat,
19 or other document listed in s.
20 92.28.
21 831.31(1)(a) 3rd Sell, deliver, or possess
22 counterfeit controlled
23 substances, all but s. 893.03(5)
24 drugs.
25 832.041(1) 3rd Stopping payment with intent to
26 defraud $150 or more.
27 832.05
28 (2)(b) & (4)(c) 3rd Knowing, making, issuing
29 worthless checks $150 or more or
30 obtaining property in return for
31 worthless check $150 or more.
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1 838.015(3) 3rd Bribery.
2 838.016(1) 3rd Public servant receiving unlawful
3 compensation.
4 838.15(2) 3rd Commercial bribe receiving.
5 838.16 3rd Commercial bribery.
6 843.18 3rd Fleeing by boat to elude a law
7 enforcement officer.
8 847.011(1)(a) 3rd Sell, distribute, etc., obscene,
9 lewd, etc., material (2nd
10 conviction).
11 849.01 3rd Keeping gambling house.
12 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc.,
13 or assist therein, conduct or
14 advertise drawing for prizes, or
15 dispose of property or money by
16 means of lottery.
17 849.23 3rd Gambling-related machines;
18 "common offender" as to property
19 rights.
20 849.25(2) 3rd Engaging in bookmaking.
21 860.08 3rd Interfere with a railroad signal.
22 860.13(1)(a) 3rd Operate aircraft while under the
23 influence.
24 893.13(2)(a)2. 3rd Purchase of cannabis.
25 893.13(6)(a) 3rd Possession of cannabis (more than
26 20 grams).
27 893.13(7)(a)10. 3rd Affix false or forged label to
28 package of controlled substance.
29 934.03(1)(a) 3rd Intercepts, or procures any other
30 person to intercept, any wire or
31 oral communication.
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1
2 (c) LEVEL 3
3 39.061 3rd Escapes from juvenile facility
4 (secure detention or residential
5 commitment facility).
6 319.30(4) 3rd Possession by junkyard of motor
7 vehicle with identification
8 number plate removed.
9 319.33(1)(a) 3rd Alter or forge any certificate of
10 title to a motor vehicle or
11 mobile home.
12 319.33(1)(c) 3rd Procure or pass title on stolen
13 vehicle.
14 319.33(4) 3rd With intent to defraud, possess,
15 sell, etc., a blank, forged, or
16 unlawfully obtained title or
17 registration.
18 328.05(2) 3rd Possess, sell, or counterfeit
19 fictitious, stolen, or fraudulent
20 titles or bills of sale of
21 vessels.
22 328.07(4) 3rd Manufacture, exchange, or possess
23 vessel with counterfeit or wrong
24 ID number.
25 376.302(5) 3rd Fraud related to reimbursement
26 for cleanup expenses under the
27 Inland Protection Trust Fund.
28 501.001(2)(b) 2nd Tampers with a consumer product
29 or the container using materially
30 false/misleading information.
31 697.08 3rd Equity skimming.
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1 790.15(3) 3rd Person directs another to
2 discharge firearm from a vehicle.
3 796.05(1) 3rd Live on earnings of a prostitute.
4 806.10(1) 3rd Maliciously injure, destroy, or
5 interfere with vehicles or
6 equipment used in firefighting.
7 806.10(2) 3rd Interferes with or assaults
8 firefighter in performance of
9 duty.
10 810.09(2)(c) 3rd Trespass on property other than
11 structure or conveyance armed
12 with firearm or dangerous weapon.
13 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
14 less than $10,000.
15 815.04(4)(b) 2nd Computer offense devised to
16 defraud or obtain property.
17 817.034(4)(a)3. 3rd Engages in scheme to defraud
18 (Florida Communications Fraud
19 Act), property valued at less
20 than $20,000.
21 817.233 3rd Burning to defraud insurer.
22 828.12(2) 3rd Tortures any animal with intent
23 to inflict intense pain, serious
24 physical injury, or death.
25 831.29 2nd Possession of instruments for
26 counterfeiting driver's drivers'
27 licenses or identification cards.
28 838.021(3)(b) 3rd Threatens unlawful harm to public
29 servant.
30 843.19 3rd Injure, disable, or kill police
31 dog or horse.
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1 870.01(2) 3rd Riot; inciting or encouraging.
2 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
3 cannabis (or other s.
4 893.03(1)(c), (2)(c), (3), or (4)
5 drugs).
6 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
7 893.03(1)(c), (2)(c), (3), or (4)
8 drugs within 200 feet of
9 university, public housing
10 facility, or public park.
11 893.13(6)(a) 3rd Possession of any controlled
12 substance other than felony
13 possession of cannabis.
14 893.13(7)(a)9. 3rd Obtain or attempt to obtain
15 controlled substance by fraud,
16 forgery, misrepresentation, etc.
17 893.13(7)(a)11. 3rd Furnish false or fraudulent
18 material information on any
19 document or record required by
20 chapter 893.
21 918.13(1)(a) 3rd Alter, destroy, or conceal
22 investigation evidence.
23 944.47
24 (1)(a)1.-2. 3rd Introduce contraband to
25 correctional facility.
26 944.47(1)(c) 2nd Possess contraband while upon the
27 grounds of a correctional
28 institution.
29
30 Section 5. This act shall take effect October 1, 1997.
31
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1 *****************************************
2 HOUSE SUMMARY
3
Provides that penalties with respect to unauthorized
4 possession or other illegal acts in relation to driver's
licenses and identification cards also apply to
5 instruments in the similitude of driver's licenses and
identification cards. Defines the terms "driver's
6 license" and "identification card" for purposes of the
prohibited acts. Provides second-degree felony penalties
7 for unlawful possession of instruments or materials for
counterfeiting identification cards.
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