Florida Fake ID Crimes – Penalties, Laws, and Defenses
Understand charges under Section 322.212, Florida Statutes, what penalties apply, how cases are investigated, and practical defenses—especially for students and young adults in Tampa Bay.
Attorney for Florida Fake ID Crimes under Section 322.212, F.S.
Florida law does not prohibit a person from possessing or displaying another person’s driver’s license or identification card for a lawful purpose. But Section 322.212, Florida Statute, prohibits the unauthorized possession of, and other unlawful acts in relation to, a driver’s license or identification card. Under the statute, it is illegal for a person to knowingly:
- possess or display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification card or any instrument in the similitude of a driver license or identification card unless possession by such person has been duly authorized by the department;
- possess any instrument in the similitude of a driver license issued by the department or its duly authorized agents or those of any state or jurisdiction issuing licenses recognized in this state for the operation of a motor vehicle;
- possess any instrument in the similitude of an identification card issued by the department or its duly authorized agents or those of any state or jurisdiction issuing identification cards recognized in this state for the purpose of indicating a person’s true name and age.
Penalties for Fake ID Crimes in Florida
Possession/Display (Similitude or Counterfeit) – Violation of this section is punishable as a third-degree felony punishable by up to 5 years’ imprisonment and a $5,000 fine.
False Age / Altered DOB – When young people give a false age in an application or possess a driver’s license, identification card, or similar document on which the date of birth has been altered, they are guilty of a second-degree misdemeanor.
Manufacture / Sale / Delivery – The statute also prohibits knowingly selling, manufacturing, or delivering, or offering to sell, manufacture, or deliver, a blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification card, or an instrument in the similitude of a driver license or identification card, unless that person is authorized to do so by the department. Violation of this section would constitute a second-degree felony punishable by a term of imprisonment of 15 years and a $10,000 fine.
Who Investigates?
A violation of this section may be investigated by any law enforcement agency, including Florida’s Division of Alcoholic Beverages and Tobacco. In Hillsborough County, FL, officers with the Tampa Police Department and the Hillsborough County Sheriff’s Office sometimes conduct undercover sting operations, many of which target local college students, particularly in the weeks after college classes start in the fall.
Defenses to Fake ID Charges
- Lawful purpose / authorization: Possession or display of another person’s ID for a lawful purpose is not prohibited; the State must prove unauthorized possession or prohibited conduct under §322.212.
- Lack of knowledge: The statute requires “knowingly”; absence of knowledge that the document was forged, fictitious, or unlawfully issued can defeat the charge.
- Illegal stop or search: Suppression issues (vehicle or pedestrian stops, bag searches, phone wallets) can exclude the ID evidence.
- Insufficient proof of “similitude” or counterfeit: The State must establish that the item is a counterfeit or an instrument “in the similitude” of a Florida-recognized ID.
- Identity / possession challenges: Proving actual possession and control, especially in group or venue settings, can be contested.
- Mitigation for students/first-time offenders: Diversion or negotiated outcomes to avoid adjudication and protect future opportunities.
Attorney for Fake ID Charges in Tampa Bay
Many of our clients are high school or college students who just want to get into a nightclub or bar. They might not have realized that the crime is so severe or might impact their future. At Sammis Law Firm, our six attorneys represent clients throughout the greater Tampa Bay area.
Call 813-250-0500.
We represent clients on a wide variety of white collar crimes, including crimes classified as identity theft charges.
Definitions for Florida’s Fake ID Charge
Under Section 322.212(1), Florida Statute, the term “driver license” includes a driver license issued by the department or its agents or a driver license issued by any state or jurisdiction that issues licenses recognized in this state for the operation of a motor vehicle.
The term “identification card” includes any identification card issued by the department or its agents or any identification card issued by any state or jurisdiction that issues identification cards recognized in this state for the purpose of indicating a person’s true name and age.
FAQs
Is having a fake ID a felony in Florida?
Possessing or displaying a blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or ID, or an instrument in the “similitude” of one, is a third-degree felony under §322.212, F.S. Certain conduct (like altered DOB/false age) can be a second-degree misdemeanor, while selling/manufacturing can be a second-degree felony.
What agencies investigate fake ID cases?
Any law enforcement agency may investigate, including Florida’s Division of Alcoholic Beverages and Tobacco.
What if I used someone else’s ID just to enter a venue?
The statute focuses on unauthorized possession and prohibited acts. Defenses include lawful purpose, lack of knowledge, and suppression issues; outcomes may vary based on the facts and jurisdiction.
This article was last updated on Saturday, August 23, 2025.
