Possession of a Fake ID in Florida

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.

Update: On Friday night, August 22, 2025, the Tampa Police Department arrested 19 people during a Fake ID/Underage Drinking operation at local establishments in SoHo and Ybor. The Tampa Police Department then issued a statement warning their college-age residents that “facing felony charges for possessing a fake ID is a steep price to pay for that hard seltzer. Make the smart choice. Learn from them, don’t be like them.”

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.

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.

Attorney for Florida Fake ID Crimes under Section 322.212, F.S.

If you were charged with a crime under Section 322.212 for possessing a fake identification card or driver’s license, contact an experienced criminal defense attorney at Sammis Law Firm. We fight these cases throughout the Tampa Bay area.

With offices conveniently located in Tampa, Clearwater, and New Port Richey, we can help. Contact us to discuss the charge pending against you, what must be proven at trial, the best defenses to avoid a conviction, and the potential penalties.

During the consultation, we can explain the various ways crimes under Section 322.212 might be charged. In some cases, possession of a fake ID is a felony and in others, it is a misdemeanor.

In handling these cases, we know that the prosecutor might agree to treat a felony violation of the offense as a misdemeanor. Doing so might allow the person accused to enter a misdemeanor diversion program. A reduction from a felony to a misdemeanor also comes with less serious collateral consequences.

Call 813-250-0500.

Florida Statute § 322.212 – Charges, Elements, and Penalties

Florida Statute section 322.212 defines multiple unlawful acts involving driver licenses and identification cards, including possession/display of certain prohibited documents or instruments, possession of instruments “in the similitude” of driver licenses or identification cards, selling / manufacturing / delivering (or offering to do so) prohibited documents or instruments, fraud in applications, altered date-of-birth documents, and agreeing to supply or aiding in supplying a license or identification card by means not in accordance with chapter 322. Fla. Stat. § 322.212, Fla. Stat. § 322.212.

The statute includes definitional language that “driver license” includes licenses issued by the Florida Department of Highway Safety and Motor Vehicles (the department) or its agents, and also licenses issued by any state or jurisdiction recognized in Florida for operating a motor vehicle; similarly, “identification card” includes department-issued identification cards (or those of other recognized jurisdictions) for indicating a person’s true name and age. Fla. Stat. § 322.212The statute also provides that it does not prohibit possessing or displaying another person’s driver license or identification card for a lawful purpose. Fla. Stat. § 322.212

As to penalties, the provided excerpt states that, except as otherwise provided, a violation of any provision of section 322.212 is a third-degree felony punishable under sections 775.082, 775.083, or 775.084; however, two specific violations-giving a false age in an application (paragraph (5)(a)) and possessing a license/ID (or instrument in the similitude) with an altered date of birth (paragraph (5)(b))-are second-degree misdemeanors punishable under sections 775.082 or 775.083. Fla. Stat. § 322.212The excerpt also states that a person who violates paragraph (1)(d) commits a third-degree felony punishable under sections 775.082, 775.083, or 775.084. Fla. Stat. § 322.212

Reported case law clarifies that section 322.212(1)(a) does not require the State to prove a “specific intent to injure or defraud” because that intent element appears in the general forgery statute (section 831.01) but not in section 322.212. State v. Koczwara, 837 So. 2d 591, 594 (Fla. 2d DCA 2003). In Koczwara, the court considered section 322.212(1)(a), Florida Statutes, which made it unlawful to knowingly possess “any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver’s license or identification card or any instrument in the similitude of a driver’s license or identification card unless possession by such person has been duly authorized by the department.” Id. at 593-94.

The Koczwara court explained that “[b]oth ‘forged’ and ‘fictitious’ denote unauthorized changes made to a document that cause the document to convey information that is not true. The core meaning of ‘forgery’ is ‘falsely making or altering a writing.’ Random House Unabridged Dictionary 751 (2d ed. 1993) (emphasis supplied).” Koczwara, 837 So. 2d at 593. For this reason, the court concluded that a driver’s license with a falsely altered license number is a forged or fictitious license under section 322.212(1)(a). Id.

The Second District has also explained that “forged” and “fictitious” denote unauthorized changes that cause a document to convey untrue information, and that a driver license need not be entirely fabricated to be “forged” or “fictitious”; material alterations (including a falsely altered license number) can qualify. State v. Carrier, 240 So. 3d 852, 857 (Fla. 2d DCA 2018).

Another reported decision distinguishes section 322.212(3) from section 322.212(4), explaining that subsection (4) requires either an agreement to supply (which need not be carried out) or affirmative aiding in supplying an unqualified person with a license or identification card, and that subsection (4) applies to any person (not only department employees). Garcia v. State, 939 So. 2d 1082.

Possessing Prohibited ID or Licenses or Instruments in the Similitude – Section 322.212(1)(a)

A charge under section 322.212(1)(a) is supported where the State can prove that the defendant knowingly had in his or her possession or displayed 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 the defendant’s possession was duly authorized by the department. Fla. Stat. § 322.212The statute’s definitional language broadens what qualifies as a “driver license” or “identification card” to include those issued by the department or its agents and those issued by other jurisdictions recognized in Florida. Fla. Stat. § 322.212

The “knowingly” requirement is explicit in the statutory text excerpted. Fla. Stat. § 322.212The reported decisions provided further clarify that, for purposes of “forged” or “fictitious,” the State is not limited to wholly fabricated documents; unauthorized alterations that make the document convey untrue information can suffice, including an altered license number. State v. Carrier, 240 So. 3d 852, State v. Koczwara, 837 So. 2d 591. The same line of authority also rejects importing a specific intent to injure or defraud into section 322.212(1)(a), because the legislature included such an intent element in section 831.01 but not in section 322.212. State v. Koczwara, 837 So. 2d 591

Penalty-wise, the excerpted penalty provision states that, except as otherwise provided, violations of section 322.212 are third-degree felonies punishable under sections 775.082, 775.083, or 775.084. Fla. Stat. § 322.212No “otherwise provided” misdemeanor carveout is identified in the provided materials for subsection (1)(a), so based on the excerpt, subsection (1)(a) falls within the general third-degree felony penalty scheme. Fla. Stat. § 322.212.

Possessing an Instrument in the Similitude of a Driver License – Section 322.212(1)(b)

Section 322.212(1)(b), as excerpted, separately prohibits knowingly having in one’s possession 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 Florida for operation of a motor vehicle. Fla. Stat. § 322.212.

This charging theory focuses on the “instrument in the similitude” concept tied specifically to driver licenses, and it incorporates the statute’s recognition of out-of-state licenses recognized in Florida. Fla. Stat. § 322.212.

To prove this charge, the State must establish knowing possession and that the item possessed is an instrument in the similitude of a qualifying driver license (department-issued/agent-issued or recognized-jurisdiction-issued). Fla. Stat. § 322.212.

As with subsection (1)(a), the penalty excerpt indicates that, except as otherwise provided, violations of section 322.212 are third-degree felonies punishable under sections 775.082, 775.083, or 775.084.

Possessing an Instrument in the Similitude of an Identification Card – Section 322.212(1)(c)

Section 322.212(1)(c), as excerpted, prohibits knowingly having in one’s possession 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 Florida for indicating a person’s true name and age. Fla. Stat. § 322.212.

The definitional excerpt similarly explains that “identification card” includes department-issued identification cards (or those of recognized jurisdictions) for indicating a person’s true name and age.

To prove this charge, the State must establish knowing possession and that the item is an instrument in the similitude of a qualifying identification card (department-issued/agent-issued or recognized-jurisdiction-issued). This subsection does not prohibit possessing or displaying another person’s driver license or identification card for a lawful purpose, which may be relevant to whether the possession/display is unlawful in a given case, depending on the facts.

The penalty excerpt again provides that, except as otherwise provided, violations of section 322.212 are third-degree felonies punishable under sections 775.082, 775.083, or 775.084. Fla. Stat. § 322.212.

Selling, Manufacturing, Delivering a Fake ID or Instruments in the Similitude – Section 322.212(1)(d)

Section 322.212(1)(d), as excerpted, makes it unlawful to knowingly sell, manufacture, or deliver, or knowingly offer 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 the person is authorized to do so by the department.

This charging theory is distinct from mere possession/display because it targets trafficking/production-type conduct and offers to engage in that conduct.

To prove this charge, the State must establish the defendant acted knowingly and engaged in one of the prohibited acts (sell, manufacture, deliver, or offer to do so) with respect to one of the listed prohibited documents/instruments, and that the defendant was not authorized by the department.

The penalty excerpt expressly reiterates that a person who violates paragraph (1)(d) commits a third-degree felony punishable under sections 775.082, 775.083, or 775.084.

Application Fraud, Altered DOB, and Agreement to Supply – Section 322.212(4) and (5)(a)-(b)

The provided statutory excerpts describe three additional charging pathways: application fraud, altered date-of-birth possession, and agreeing to supply or aiding in supplying a license/ID by means not in accordance with chapter 322.

First, it is unlawful to use a false or fictitious name in any application for a driver license or identification card, or knowingly to make a false statement, knowingly conceal a material fact, or otherwise commit a fraud in such an application.

To prove this charge, the State must establish the defendant used a false or fictitious name in an application, or that the defendant knowingly made a false statement, knowingly concealed a material fact, or otherwise committed fraud in the application process.

The penalty excerpt indicates that, except as otherwise provided, violations of section 322.212 are third-degree felonies punishable under sections 775.082, 775.083, or 775.084; however, it specifically provides that giving a false age in an application (paragraph (5)(a)) is a second-degree misdemeanor punishable under sections 775.082 or 775.083.

“False age” in an application is treated as a misdemeanor, which is less serious than the general application-fraud conduct described above.

Second, it is unlawful to have in one’s possession a driver license or identification card upon which the date of birth has been altered. The penalty excerpt specifies that possessing a driver license, identification card, or any instrument in the similitude thereof on which the date of birth has been altered (paragraph (5)(b)) is a second-degree misdemeanor punishable under sections 775.082 or 775.083.

Accordingly, where the charge is specifically based on altered date of birth, the provided materials identify a misdemeanor penalty classification.

Third, it is unlawful to agree to supply or to aid in supplying any person with a driver license or identification card by any means whatsoever not in accordance with chapter 322.

Section 322.212(4) requires either proof of an agreement to supply someone with a license or identification card by means not in accordance with chapter 322 (and the agreement need not be carried out), or proof that the defendant affirmatively aided in supplying such an unqualified person with a license or identification card. Subsection (4) applies to any person, not just a department employee.

The penalty excerpt does not identify a special misdemeanor classification for subsection (4), so based on the “except as otherwise provided” language, subsection (4) falls within the general third-degree felony penalty scheme in the excerpt. Fla. Stat. § 322.212

Penalties for Fake ID Crimes in Florida

Crimes charged under Section 322.212 include the following:

• 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 up to fifteen (15) years in prison and a $10,000 fine.

Defenses to Fake ID Charges

The most common defenses to crimes for possessing or using a fake identification card or driver’s license include:

• 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 the act was committed “knowingly.” Not having knowledge that the document was forged, fictitious, or unlawfully is a defense.
• 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.

Definitions for Florida’s Fake ID Charge

This article was last updated on Wednesday, May 27, 2026.