Is it A Crime to Have a Fake ID in Florida? What to Know

April 21, 2025 Don Pumphrey, Jr. College, College Student Disciplinary Hearing, Criminal Defense Social Share

In high school and college, it is quite common for students to attempt to procure fake IDs. But possession of one of these is a crime – and could land someone in serious legal trouble. In fact, it is a felony to possess a fictitious or fraudulent identification in Florida. This article will discuss the law surrounding the sale, possession, and use of “fake IDs” in Florida. 

Florida Statutes Section 322.212 regulates the sale and use of fake IDs in the state, including fake driver’s licenses. The statute criminalizes:

• Unauthorized possession of a fake ID: If someone is found to have a driver’s license or other identification card that is not theirs and that they don’t have legal authority to possess
• Fraudulent creation or alteration: If someone creates, alters, or attempts to use a fake or altered ID or license. This includes by changing or modifying a legitimate card to represent false information
• Selling or distributing fraudulent IDs: Selling, distributing or giving away fake IDs is also a crime
• Use of a fake ID: If someone uses a fake or altered driver’s license or ID card in an attempt to deceive someone – when trying to buy alcohol or gain admission to a club, for example – this is a crime

But just how severe are the potential criminal penalties someone could face if they are arrested for using or selling a fake ID? Though this depends on the particular charge, there is a very real possibility of serious jail time.

Under Section 322.212, possessing or using a fake ID is a third-degree felony in the state of Florida. A third-degree felony is punishable by up to 5 years in prison and a $5,000 fine. Someone may also be ordered to perform community service and/or placed on probation.

If someone lies about their age in an application to an official state department (such as the Department of Motor Vehicles) to procure an ID that reads a different age than the actual age of the applicant, this is a second-degree misdemeanor. A second-degree misdemeanor is punishable by up to 60 days in jail and a $500 fine. 

Florida’s courts have held that a driver’s license need not be entirely fabricated to be “forged” or “fictitious” to violate the statute. Material alterations to a license will create a forged or fictitious license. A driver’s license with a falsely altered license number is as much a forged or fictitious license as a license with a false name, a false address, or a false photograph. State v. Koczwara, 837 So.2d 591 (Fla 2nd DCA 2003).

Florida courts have also held that alteration of a “green card” for immigration purposes violates the statute. Fajardo v. State, 805 So.2d 961 (Fla 2nd DCA 2001).

Notably, the possession of multiple fake or altered identification cards is only chargeable as one count under the statute. One Florida court found that the use of “any” false identification in the statute meant that possession of multiple false licenses was only one offense. Dicks v. State, 840 So.2d 408 (Fla DCA 4th 2003).

In sum, possession of a fake ID is a very serious felony in Florida. By selling and using fake IDs, someone is taking a serious risk of criminal charges.

There are various defenses to charges under Florida Statutes Section 322.212. These may include:

• Lack of knowledge that the ID was fake
• The ID was real, and the person was wrongly charged
• The person was coerced or improperly encouraged by law enforcement to sell or receive a fake ID (entrapment)
• The search that produced the fake ID violated the Fourth Amendment

If someone is charged in a case involving sale or use of a fake ID, it is critical to seek out experienced and trusted legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to hefty fines and prison time. 

Don Pumphrey Jr. and the attorneys at Pumphrey Law have decades of experience fighting to win for clients across the state of Florida. Call now at (850) 681-7777 for a free consultation.

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense attorneys at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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