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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: 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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.-- 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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. 30 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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. 30 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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. 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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. 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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. 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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. 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 507 563-108C-97 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. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14