THE STATE OF FLORIDA, APPELLANT,

v.

DARYL MILLER, APPELLEE

*1002WELLS, Judge.

Daryl Miller' was charged with violating section 322.34(5) of the Florida Statutes titled “[d]riving while license suspended, revoked, canceled, or disqualified.” See § 322.34(5), Fla. Stat. (2014).1 The trial court treated Miller’s sworn motion to dismiss as a motion for reduction of charges to the lesser included offense of driving without a valid driver’s' license. See § 322.03(1), Fla. Stat. (2014) (providing “[e]xcept as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in' this state unless such person has a valid driver license”); § 322.39(1), Fla. Stat. (2014) (providing “[i]t is a misdemeanor for any person to violate any of the provisions of this chapter, unless such violation is declared to be otherwise by this chapter or other law of this state”); see also Crain v. State, 79 So.3d 118, 122 (Fla. 1st DCA 2012) (reversing a conviction under section 322.34(5) and remanding with instructions to “adjudicate [the defendant] guilty of the lesser included offense of driving without a valid driver’s license”). Concluding as a matter of law that having, at some time, a Florida driver’s license is an element of a section 322.34(5) offense — the offense charged here — and considering that it , was undisputed that Miller never had a Florida’s driver’s license, the court below granted Miller’s motion and adjudicated him guilty of the lesser offense. For the following reasons, we affirm that ruling.

In doing so, we align ourselves with the First District Court of Appeal in Crain where that court concluded that in accordance with our obligation to strictly construe penal statutes, a defendant may not be convicted as a habitual traffic offender under section 322.34(5) for driving with -a suspended license when no license had ever been issued to that'defendant:

“One of the most- fundamental principles of. Florida law is that penal statutes must be strictly construed according to their letter.” ' Perkins v. State, 576 So.2d 1310, 1312 (Fla.1991). “Revocation” is “the termination of a licensee’s privilege to drive.” . § .322.01(36), Fla. Stat. (2009) (emphasis supplied)., The Second District in Carroll v. State, 761 So.2d 417, 418 (Fla. 2d DCA 2000), adopted the state’s argument that “even though appellant did not have a driver’s license, he did have a ‘driving privilege’ that had been revoked due, to his status as a habitual. traffic offender, and the revocation of this driving privilege was the equivalent of revocation of a driver’s license for purposes of section 322.264, Florida Statutes (1997).” But this reads language into the statute that the Legislature did not enact.

It “‘is a firmly established rule that “Courts must apply a statute as they find it, leaving to the legislature the correction of assorted inconsistencies *1003and inequalities in its operation.” ’ ” Guilder v. State, 899 So.2d 412, 419 (Fla. 4th DCA 2005) (quoting State v. Aiuppa, 298 So.2d 391, 404 (Fla.1974)).

Crain, 79 So.3d at 121-22.2

As our sister court pointed out, we need look no further than section 322.34(6) to confirm that the legislature clearly knew how to extend a punishment to those without licenses:

Any person who operates a motor vehicle:

(a) Without having a driver’s license as required under s. 322.03; or

(b) While his or her driver’s license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury .to another human being is guilty of a felony of the third degree_

Crain, 79 So.3d at 121 (quoting § 322.34(6), Fla. Stat. (2009)).

In sum, because Miller never has had a driver’s license, he could not be convicted as a "person whose driver license has been revoked” under section 322.34(5). The trial court therefore properly reduced the charges against him to the lesser included offense of driving without a valid driver’s license.

Finally, we note that in reaching this conclusion, wé necessarily disagree with the Second, Fourth and Fifth District Courts of Appeal on this issue and therefore certify conflict with the decisions of those courts on this issue. See Carroll v. State, 761 So.2d 417 (Fla. 2d DCA 2000) (holding that a person may be convicted of violating section 322.34(5) without ever having been issued a driver’s license); see also Newton v. State, 898 So.2d 1133, 1134 (Fla. 4th DCA 2005) (affirming a section 322.34(5) conviction, citing Carroll); State v. Bletcher, 763 So.2d 1277, 1278 (Fla. 5th DCA 2000) (citing Carroll to support reversal of an order dismissing a sectio322.34(5) charge).

Affirmed; conflict certified.