Senate Bill sb0306

    Florida Senate - 2002                                   SB 306

    By Senator Burt





    16-3-02

  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:

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                                   SB 306
    16-3-02




  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 to sell, manufacture, or deliver, or

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

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

12  issued driver's license or identification card or any

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

14  identification card unless such person has been duly

15  authorized by the department. Violations of this paragraph may

16  be investigated by any state agency, including, but not

17  limited to, the Division of Alcoholic 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                                   SB 306
    16-3-02




  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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16                          SENATE SUMMARY

17    Prohibits, without approval by the Department of Highway
      Safety and Motor Vehicles, the knowing sale, manufacture,
18    or delivery, or the offering to sell, manufacture, or
      deliver, a blank, forged, stolen, fictitious,
19    counterfeit, or unlawfully issued driver's license or
      identification card or similar document. Violation
20    constitutes a second-degree felony, and violations may be
      investigated by any state agency, including,
21    specifically, the Division of Alcoholic Beverages and
      Tobacco.
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