Senate Bill sb0306c1

    Florida Senate - 2002                            CS for SB 306

    By the Committee on Criminal Justice; and Senator Burt





    307-1787-02

  1                      A bill to be entitled

  2         An act relating to unlawful activities

  3         involving driver's licenses and identification

  4         cards; amending s. 322.212, F.S.; prohibiting a

  5         person from knowingly selling, manufacturing,

  6         or delivering, or offering to sell,

  7         manufacture, or deliver, any blank, forged,

  8         stolen, fictitious, counterfeit, or unlawfully

  9         issued driver's license or identification card

10         or any instrument in the similitude of such

11         license or such card; providing a penalty;

12         authorizing investigations of violations of

13         this section; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsections (1) and (6) of section 322.212,

18  Florida Statutes, are amended to read:

19         322.212  Unauthorized possession of, and other unlawful

20  acts in relation to, driver's license or identification

21  card.--

22         (1)  It is unlawful for any person to:

23         (a)  Knowingly to have in his or her possession or to

24  display any blank, forged, stolen, fictitious, counterfeit, or

25  unlawfully issued driver's license or identification card or

26  any instrument in the similitude of a driver's license or

27  identification card unless possession by such person has been

28  duly authorized by the department;

29         (b)  Knowingly to have in his or her possession any

30  instrument in the similitude of a driver's license issued by

31  the department or its duly authorized agents or those of any

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    Florida Senate - 2002                            CS for SB 306
    307-1787-02




  1  state or jurisdiction issuing licenses recognized in this

  2  state for the operation of a motor vehicle; or

  3         (c)  Knowingly to have in his or her possession any

  4  instrument in the similitude of an identification card issued

  5  by the department or its duly authorized agents or those of

  6  any state or jurisdiction issuing identification cards

  7  recognized in this state for the purpose of indicating a

  8  person's true name and age; or.

  9         (d)  Knowingly sell, manufacture, or deliver, or

10  knowingly offer to sell, manufacture, or deliver, a blank,

11  forged, stolen, fictitious, counterfeit, or unlawfully issued

12  driver's license or identification card, or an instrument in

13  the similitude of a driver's license or identification card,

14  unless that person is authorized to do so by the department. A

15  violation of this paragraph may be investigated by any law

16  enforcement agency, including the Division of Alcoholic

17  Beverages and Tobacco.

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19  The term "driver's license" includes a driver's license issued

20  by the department or its agents or a driver's license issued

21  by any state or jurisdiction that issues licenses recognized

22  in this state for the operation of a motor vehicle. The term

23  "identification card" includes any identification card issued

24  by the department or its agents or any identification card

25  issued by any state or jurisdiction that issues identification

26  cards recognized in this state for the purpose of indicating a

27  person's true name and age. This subsection does not prohibit

28  a person from possessing or displaying another person's

29  driver's license or identification card for a lawful purpose.

30         (6)  Except as otherwise provided in this subsection,

31  any person who violates any of the provisions of this section

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    Florida Senate - 2002                            CS for SB 306
    307-1787-02




  1  is guilty of a felony of the third degree, punishable as

  2  provided in s. 775.082, s. 775.083, or s. 775.084. However,

  3  Any person who violates paragraph (5)(a) by giving a false age

  4  in any application for a driver's license or identification

  5  card or who violates paragraph (5)(b) by possessing a driver's

  6  license, identification card, or any instrument in the

  7  similitude thereof, on which the date of birth has been

  8  altered is guilty of a misdemeanor of the second degree,

  9  punishable as provided in s. 775.082 or s. 775.083. Any person

10  who violates paragraph (1)(d) commits a felony of the second

11  degree, punishable as provided in s. 775.082, s. 775.083, or

12  s. 775.084.

13         Section 2.  This act shall take effect October 1, 2002.

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15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 306

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18  Authorizes any law enforcement agency, including the Division
    of Alcoholic Beverages and Tobacco to, investigate unlawful
19  sale, manufacture, or deliver of blank, forged, stolen,
    fictitious, counterfeit, or unlawfully issued driver's
20  licenses or state identification cards.

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