843.0855 Criminal actions under color of law or through use of simulated legal process.—
(1) As used in this section:
(a) The term “legal process” means a document or order issued by a court or filed or recorded with an official court of this state or the United States or with any official governmental entity of this state or the United States for the purpose of exercising jurisdiction or representing a claim against a person or property, or for the purpose of directing a person to appear before a court or tribunal, or to perform or refrain from performing a specified act. “Legal process” includes, but is not limited to, a summons, lien, complaint, warrant, injunction, writ, notice, pleading, subpoena, or order.
(b) The term “person” means an individual, public or private group incorporated or otherwise, legitimate or illegitimate legal tribunal or entity, informal organization, official or unofficial agency or body, or any assemblage of individuals.
(c) The term “public officer or employee” has the same meaning as provided in s. 817.535.
(2) A person who deliberately impersonates or falsely acts as a public officer or employee in connection with or relating to any legal process affecting persons and property, or otherwise takes any action under color of law against persons or property, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is the intent of the Legislature that this section applies if a person acts as an officer or employee purporting to supersede or override any legislation or statute of this state, or to supersede or override any action of any court of this state.
(3) A person who simulates legal process, including, but not limited to, actions affecting title to real estate or personal property, indictments, subpoenas, warrants, injunctions, liens, orders, judgments, or any legal documents or proceedings, knowing or having reason to know the contents of any such documents or proceedings or the basis for any action to be fraudulent, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who falsely under color of law attempts in any way to influence, intimidate, harass, retaliate against, or hinder a public officer or employee involving the discharge of his or her official duties by means of, but not limited to, threats of or actual physical abuse or harassment, or through the use of simulated legal process, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5)(a) This section does not make unlawful any act of any law enforcement officer or legal tribunal which is performed under lawful authority.
(b) This section does not prohibit individuals from assembling freely to express opinions or designate group affiliation or association.
(c) This section does not prohibit or in any way limit a person’s lawful and legitimate access to the courts or prevent a person from instituting or responding to legitimate and lawful legal process.
...Stat. (neglect or refusal to aid peace officers); § 843.08, Fla. Stat. (falsely personating officer, etc.); § 843.081, Fla. Stat. (prohibited use of certain lights); § 843.085, Fla. Stat. (unlawful use of police badges or other indica of authority); § 843.0855, Fla....
Cited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 2017 Bankr. LEXIS 2143
...tisfy a far more rigorous standard. . It has come to the Court’s attention that Frank was arrested on March 10, 2017, for misrepresenting himself as qualified to practice law (§ 454.23, Fla. Stat.), simulating legal process in fraudulent actions (§ 843.0855-3, Fla....
...On appeal from the Circuit Court for Dixie County.
James C. Hankinson, Judge.
August 24, 2018
PER CURIAM.
Terry Trussell raises nine issues on appeal of his convictions
for falsely acting as a public officer in connection with a legal
process. See § 843.0855, Fla....
...smorgasbord of charges. Mr. Trussell signed the “True Bills” as
“Foreman, People’s Grand Jury Under Common Law In Dixie
County, Florida.”
Approximately one month later, the State charged Mr.
Trussell by information with multiple counts of violating
§ 843.0855....
...as a foreperson of a grand jury, a public officer or
employee, in connection with or relating to the filing of
a True Bill . . . , a legal process affecting persons and
property, or otherwise took any action under color of law
against persons or property, contrary to section
843.0855(2), Florida Statutes.
Mr....
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