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 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" means
a public officer as defined by s. 112.061.
(d) The term "public employee" means
a public employee as defined by s. 112.061.
(2) Any person who deliberately impersonates
or falsely acts as a public officer or tribunal, public
employee or utility employee, including, but not limited to,
marshals, judges, prosecutors, sheriffs, deputies, court
personnel, or any law enforcement authority 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
or s. 775.083.
(3) Any 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
or s. 775.083.
(4) Any person who falsely under color of law
attempts in any way to influence, intimidate, or hinder a
public officer or law enforcement officer in 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
or s. 775.083.
(5)(a) Nothing in this section shall make
unlawful any act of any law enforcement officer or legal
tribunal which is performed under lawful authority.
(b) Nothing in this section shall prohibit
individuals from assembling freely to express opinions or
designate group affiliation or association.
(c) Nothing in this section shall 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.
History.--s. 1, ch. 97-203.