House Bill hb0899e1

                                    CS/HB 899, First Engrossed/ntc



  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; authorizing

12         investigations of violations of this section;

13         providing penalties; providing an effective

14         date.

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

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18         Section 1.  Subsection (1) of section 322.212, Florida

19  Statutes, is amended to read:

20         322.212  Unauthorized possession of, and other unlawful

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

22  card.--

23         (1)  It is unlawful for any person:

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

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

26  unlawfully issued driver's license or identification card or

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

28  identification card unless possession by such person has been

29  duly authorized by the department;

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

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


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CODING: Words stricken are deletions; words underlined are additions.






                                    CS/HB 899, First Engrossed/ntc



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

  2  state or jurisdiction issuing licenses recognized in this

  3  state for the operation of a motor vehicle; or

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

  5  instrument in the similitude of an identification card issued

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

  7  any state or jurisdiction issuing identification cards

  8  recognized in this state for the purpose of indicating a

  9  person's true name and age; or.

10         (d)  Knowingly to sell, manufacture, or deliver, or

11  knowingly to offer to sell, manufacture, or deliver, any

12  blank, forged, stolen, fictitious, counterfeit, or unlawfully

13  issued driver's license or identification card or any

14  instrument in the similitude of a driver's license or

15  identification card unless such person has been duly

16  authorized by the department. Violations of this section may

17  be investigated by law enforcement, including the Division of

18  Alcoholic Beverages and Tobacco.

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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.

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                                    CS/HB 899, First Engrossed/ntc



  1         (6)  Any person who violates any of the provisions of

  2  this section is guilty of a felony of the third degree,

  3  punishable as provided in s. 775.082, s. 775.083, or s.

  4  775.084.  However, any person who violates paragraph (5)(a) by

  5  giving a false age in any application for a driver's license

  6  or identification card or who violates paragraph (5)(b) by

  7  possessing a driver's license, identification card, or any

  8  instrument in the similitude thereof, on which the date of

  9  birth has been altered is guilty of a misdemeanor of the

10  second degree, punishable as provided in s. 775.082 or s.

11  775.083.

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

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