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UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA


FORT MYERS DIVISION

DR. JORG BUSSE, JENNIFER FRANKLIN PRESCOTT,


Plaintiffs,

versus Case # 2:10-CV-0089-FtM-CEH-TGW

JOHN EDWIN STEELE; SHERI POLSTER CHAPPELL; ROGER ALEJO;


KENNETH M. WILKINSON; JACK N. PETERSON; GERALD BARD TJOFLAT;
RICHARD JESSUP; CIRCUIT JUDGE BIRCH; CIRCUIT JUDGE DUBINA;
RICHARD ALLAN LAZZARA; CHARLIE CRIST; LEE COUNTY VALUE
ADJUSTMENT BOARD; LORI L. RUTLAND; EXECUTIVE TITLE CO.;
JOHNSON ENGINEERING, INC.,
Defendants.

INDEPENDENT ACTION
FOR RELIEF FROM GOVERNMENT CRIMES, CORRUPTION,
FACIALLY FRAUDULENT WRIT OF EXECUTION,
AND FORGED &VOID reports, judgments, orders
____________________________________________________________________________/

MOTION TO RESTRAIN U.S. DISTRICT CLERK’S ALTERATION OF RECORD

DEF. U.S. DISTRICT CLERK CONSPIRED TO EXTORT AND ALTER RECORDS

1. The U.S. District Clerk conspired with other corrupt Officials to

a. Extort money and Plaintiffs’ Lot 15A;


b. Falsify a fake “rule 38 judgment”;
c. Alter the official documents and records;
d. Discard Plaintiff’s documents and records;
e. Obstruct the satisfaction of a $24.30 judgment, Doc. # 365, for purposes of extortion.

2. Said “Clerk’s Office Guide to Services and Procedures” stated:

“Writ of Execution/Garnishment (Fed R.Civ.P. 69): When requesting the Clerk to


issue a Writ of Execution, you will need a proposed writ form for issuance and a
certified copy of the judgment. Writ of Execution forms are available from the Clerk’s
Office. When requesting the Clerk to issue a Writ of Garnishment, you will need a
proposed order for writ issuance, a Motion to Issue Writ of Garnishment, and a
certified copy of the judgment. If approved by the Court, the original Writ of
Execution/Garnishment and a certified copy of the judgment are forwarded to the
U.S. Marshal’s Service if accompanied by a completed 285 Form (Process Receipt
and Return) which may be obtained from the Clerk’s Office or the Marshal’s Service.
Fees to the Marshal’s Service on the 285 Form should be paid in advance to the
Marshal’s Service. Services by specially appointed server must be requested in a
motion for the Court’s ruling. If the appropriate paperwork is not provided, the writ
will be returned to the requesting party.”

Here, said Clerk of Court fraudulently pretended a “judgment” and “certified copy of

judgment” which he knew had never existed for criminal purposes of falsifying a “writ

of execution”, Doc. # 425, Case 2:2007-cv-00228.

DEFENDANT DISTRICT CLERK FRAUDULENTLY CONCEALED & COVERED UP

3. Here, said U.S. District Clerk, Drew Heatcoat, fraudulently concealed the

a. Record lack of any “judgment” other than the $24.30 mandate;


b. Record lack of any “certified copy of any judgment” other than the $24.30;
c. Record lack of “the appropriate paperwork”;
d. Fake “July 29 2009 judgment”;
e. Fake “rule 38 motion”;
f. Fake “judgment” under “rule 38”;
g. Destruction and alteration of official documents and records.

CLERK’S CONSPIRACY TO EXTORT AND OBSTRUCT satisfaction OF $24.30

4. Here, Defendant Heathcoat conspired with other Officials such as, e.g., John Edwin Steele,

Sheri Polster Chappell, Kenneth M. Wilkinson, Charlene Edwards Honeywell to

a. Obstruct the satisfaction of the record $24.30 money judgment, Doc. # 365;
b. Extort money and land under fraudulent pretenses of an “outstanding judgment”;
c. Deceptively direct Dr. Busse to “pay the $24.30 to the Appellate Court”.

CLERK’S FAILURE TO MAIL TRANSCRIPT INFORMATION FORM

DEFENDANT CLERK’S CONSPIRACY TO ALTER THE RECORD

5. Here, the Defendant Clerk conspired with other Officials to

a. Fabricate and add ninety (90) pages to Plaintiff’s Notice of Appeal, Doc. # 436;
b. Obstruct the mailing of the Transcript Information Form to the Appellant.

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DEFENDANT CLERK’S ALTERATION OF RECORD TRANSCRIPT

6. Here, the Transcript of the November 7, 2007, Hearing conclusively proved that

a. In exchange for bribes, Def. Judge Polster Chappell sanctioned and coerced Plaintiff Dr.
Busse to refrain from prosecution;
b. Def. Wilkinson had falsified “land parcel” “12-44-20-01-00000.00A0”;
c. Def. Wilkinson had falsified “land parcel” “07-44-21-01-00001.0000”;
d. Def. Wilkinson falsified “land parcel” boundaries;
e. Def. Wilkinson falsified “land parcel” “transactions”;
f. Def. Wilkinson conspired to bribe Def. Judge Chappell and conceal said forgeries;
g. Def. Wilkinson fabricated “frivolity” to obstruct justice.

7. Here, the Clerk altered the record of said 11/07/2007 Transcript. Here, other Defendant

Judges and Officials altered the official records and ordered the November 7, 2007,

Transcript to be stricken as impertinent and scandalous, because is conclusively proved

bribery and organized crime by Defendant Magistrate Sheri Polster Chappell.

FRAP 10. THE RECORD ON APPEAL [p. 46; rev 12/09]

8. Fed.R.App.P. 10 THE RECORD ON APPEAL states:

FRAP 10. The Record on Appeal


(a) Composition of the Record on Appeal. The following items constitute the record
on appeal:
(1) the original papers and exhibits filed in the district court;
(2) the transcript of proceedings, if any; and
(3) a certified copy of the docket entries prepared by the district clerk.

THE CLERK ALTERED THE “RECORD ON APPEAL”

9. Here, the “record on appeal” included

a. The “Transcript of said 11/07/2007 Proceedings”;


b. Said Transcript “filed in the district court”.

10. Here, the Clerk altered the “record on appeal” for criminal purposes of, e.g.:

a. Fraudulent concealment;
b. Cover-up of organized judicial crime and corruption;
c. Coercion;
d. Obstruction of justice;
e. Extortion.

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THE CLERK CONCEALED RECORD OBSTRUCTION OF COURT ACCESS

11. Here, the clerk fraudulently concealed the complete obstruction of court access and

conspiracy to conceal court access:

CASE # 08-13170-BB:

“July 28 2009
The Clerk is directed to return unfiled all motions or other documents tendered by
Appellant after issuance of this Court’s mandate and to accept no further filings from
Appellant in this closed appeal.”

CASE # 2:2007-cv-00228; Doc. # 422:


“01/26/2010
… the Clerk shall no longer accept any further filings …”

CASE ## 10-10963-I; 10-10967-I:


“July 19 2010
The Clerk may discard any future documents received by Appellant.”

DEFENDANT CLERKS’ OBSTRUCTION OF JUSTICE

12. Here, the U.S. Circuit Clerk

a. Discarded any and all of Appellant Dr. Busse’s motions and documents;
b. Fabricated a “rule 38 motion”;
c. Altered the official records and documents;
d. Fraudulently concealed Appellee’s “rule 27-4 motion”, 08/22/2008;
e. Obstructed Appellant Dr. Busse’s Court access;
f. Obstructed Dr. Busse’s Appeal, 10-13727-A.

13. Here, Defendant U.S. District Clerk

a. Obstructed Dr. Busse’s satisfaction of the $24.30 final money judgment (Doc. # 365);
b. Deceptively directed Dr. Busse “to pay the judgment to the Appellate Court”;
c. Idiotically contradicted Fed.R.App.P. 39.

14. Here, no information could be found on PACER regarding, e.g., Appeal Numbers:

a. 10-10963-I;
b. 10-10967-I;
c. 10-13727-A.

15. The well proven allegations against Def. Clerk are published worldwide at, e.g.:

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http://www.scribd.com/doc/36646899/U-S-District-Clerk-Conspired-to-Extort-
and-Alter-Official-Records

PERVERSION OF RULE 69 FOR CRIMINAL PURPOSES OF RACKETEERING

16. Defendant Clerk knew that Rule 69, Fed.R.Civ.P. states:

(a) In General.
(1) Money Judgment; Applicable Procedure.
A money judgment is enforced by a writ of execution, unless the court directs
otherwise. The procedure on execution — and in proceedings supplementary to and
in aid of judgment or execution — must accord with the procedure of the state where
the court is located, but a federal statute governs to the extent it applies.
(2) Obtaining Discovery.
In aid of the judgment or execution, the judgment creditor or a successor in interest
whose interest appears of record may obtain discovery from any person — including
the judgment debtor — as provided in these rules or by the procedure of the state
where the court is located.

17. Here, Def. Heathcoat conspired to conceal that

a. The paid $24.30 money judgment and final mandate, Doc. # 365, Case 2:2007-cv-

00228 could not be “enforced by a writ of execution”;

b. The facially fraudulent procedure on the falsified execution did not “accord with the

procedure of the State”.

c. The U.S. Court of Appeals for the 11th Circuit had lost jurisdiction in June 2009;

d. Defendant Crooked Official Kenneth M. Wilkinson falsified and fraudulently

pretended a “July 29, judgment”;

e. Defendant Jack N. Peterson, Esq., perjured himself; see facially fraudulent “Affidavit”;

f. No genuine July 2009 judgment could have possibly existed in said Case;

g. The fictitious “July 29, judgment” could not be found in the public records.

Here, the prima facie criminality, illegality, and nullity of the fake “5,048.60 judgment”,

Doc. ## 386, 432, fake “writ of execution”, Doc. # 425, fake “legislative act”, fake

5
“resolution 569/875” were capable of accurate and ready determination by resort to sources

whose accuracy cannot be questioned.

PRIMA FACIE CRIMINALITY OF FRAUDULENT “$5,000.00 claim”

18. § 90.202 (12), Fla. Stat., states:

“Facts that are not subject to dispute because they are capable of accurate and
ready determination by resort to sources whose accuracy cannot be questioned.”

Here, the prima facie invalidity, criminality, and illegality of Defendant Wilkinson’s

“$5,000 claim” for falsified “attorney’s fees” were not subject to dispute, because they were

capable of accurate and ready determination by resort, e.g. to

a. The Case Docket and File, Case 2:2007-cv-00228;


b. The Appellate Docket;
c. Defendant K. M. Wilkinson’s pleadings and Rule 27-4 motion, Doc. ## 386, 432.

CONSPIRACY TO EXTORT AND “issue [FRAUDULENT] writ of execution”

19. Here, Def. Clerk conspired with, e.g., Defendants K. M. Wilkinson and J. N. Peterson to,
e.g.:

a. Extort money and Lot 15A, “12-44-20-01-00015.015A”;


b. Issue a facially fraudulent “writ of execution”, Doc. # 425, 2:2007-cv-00228.

20. In particular, Def. D. Heathcoat conspired to conceal the record lack of

a. any “rule 38 motion”;


b. any “frivolous appeal” motion;
c. any genuine “”$5,048.60 judgment”.

See Case Docket # 2:2007-cv-00228 and Appellate Docket, # 2008-13170-BB.

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ORGANIZED GOVERNMENT CRIME AND CONSPIRACY

21. Here, the above extortion and unlawful demand was fraudulently presented by the Lee

County “Board of Commissioners”. Said Board had no right and/or authority to extort. Said

Board of Commissioners conspired with, e.g., Defendants Drew Heathcoat, Kenneth M.

Wilkinson, and Jack N. Peterson to

a. Extort;

b. Racketeer;

c. Extend organized crime and corruption.

MOTION FOR INJUNCTION

22. Rule 65. Injunctions and Restraining Orders states:

(a) Preliminary Injunction.


(1) Notice.
The court may issue a preliminary injunction only on notice to the adverse party.
(2) Consolidating the Hearing with the Trial on the Merits.
Before or after beginning the hearing on a motion for a preliminary injunction, the
court may advance the trial on the merits and consolidate it with the hearing. Even
when consolidation is not ordered, evidence that is received on the motion and that
would be admissible at trial becomes part of the trial record and need not be repeated
at trial. But the court must preserve any party's right to a jury trial.

RECORD FRAUD ON THE COURT


23. Here, there was

a. No record evidence of any “$5,048.60 mandate” or “money judgment”;


b. No evidence of any actual and necessary attorney’s fees by Def. K. M. Wilkinson;
c. No entitlement and/or right to enforce a fictitious debt for extortion purposes.

See Florida Evidence Code, Ch. 90, Florida Statutes

ADOPTION OF NOTICE OF APPEAL BY REFERENCE IN THIS MOTION

24. The Plaintiff Government corruption victims adopt by reference in this pleading:

NOTICE OF APPEAL FROM FACIALLY FRAUDULENT “report”, DOC. # 67,


ORGANIZED GOVERNMENT CRIME & CORRUPTION, RACKETEERING,

8
RETALIATION, OBSTRUCTION OF JUSTICE, FRAUD, DEPRIVATIONS AT THE
HANDS OF BUNGLING GOVERNMENT CROOK & IDIOT THOMAS G. WILSON

PUBLIC NOTICE OF “REAPPOINTMENT COMMENTS”, DEF. T. G. WILSON

NOTICE OF FALSIFICATIONS OF “claim”, PRIMA FACIE SCAM “O.R. 569/875”,


AND FORGED foreign “$5,048.60” “money judgment” AFTER APPEAL CLOSURE,
CH. 712; 95; 73, 74; 55; §§ 695.26, 695.09, 689.01, 55.10, 55.509, FLORIDA STATUTES,
FLORIDA ENFORCEMENT OF FOREIGN JUDGMENT ACT

DEFENDANTS/OFFICIALS CONSPIRED TO CONCEAL FAKE “land parcels”

25. Here, the Defendants conspired with other Officials and Defendants to conceal, e.g.:

h. Fake “land parcel” “12-44-20-01-00000.00A0”;


i. Fake “land parcel” “07-44-21-01-00001.0000”;
j. Fake “judgment”;
k. Fake “July 29, 2009, judgment”;
l. Fake un-recorded “$5,048.60 judgment”, Doc. ## 386, 432;
m. Fake “lien”;
n. Fake “writ of execution”, Doc. # 425;
o. Fake “resolution 569/875”, “O.R. 569/875”, “Lee County Public Records”, Doc. # 338;
p. Non-existence of fictitious “08/22/2008” “Rule 38 Motion”, Doc. # 386.

See Case 2:2007-cv-00228; see Lee County Plat Book 3, Page 25 (1912) on file.

DEFENDANT CONCEALED LACK OF RECORD OF FALSIFIED “land parcels”

26. The Defendant Officials knew that any intelligent, fit, and honest person could

q. NOT find facially forged “land parcel” “12-44-20-01-00000.00A0”;


r. NOT find facially forged “land parcel” “07-44-21-01-00001.0000”;
s. NOT find any “Lee County” title to forged “land parcel” “12-44-20-01-00000.00A0”;
t. NOT find any “Lee County” title to forged “land parcel” “07-44-21-01-00001.0000”;

DEF. CROOKED OFFICIALS PERVERTED THE 1912 PLAT, PB 3, PG 25

27. Plain and short, the 1912 Cayo Costa Subdivision Plat of Survey

u. Was devoid of falsified “land parcel” “12-44-20-01-00000.00A0”;


v. Was devoid of falsified “land parcel” “07-44-21-01-00001.0000”;
w. Was devoid of the falsified “Lee County” park.

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28. Here, the Government Criminals knew that as a matter of law the fraudulently pretended

conveyance of said fake “land parcels” in reference to said 1912 Plat had been legally and

factually impossible.

WHEREFORE, Plaintiff Government corruption and racketeering victims demand

1. An Order restraining said Government extortion of money and Lot 15A;

2. An Order restraining said organized Government crime and corruption;

3. An Order taking judicial notice of said Florida Statutes;

4. An Order taking judicial notice of CH. 712; 95; 73, 74; 55; §§ 695.26, 695.09, 689.01,

55.10, 55.509, FLORIDA STATUTES, and the FLORIDA ENFORCEMENT OF

FOREIGN JUDGMENT ACT;

5. An Order taking judicial notice of

a. Art. I, s. 10, Fla. Const., stating that "No . . . law impairing the obligation of contracts

shall be passed.";

b. Art. I, s. 2, Fla. Const. stating that "[a]ll natural persons are equal before the law. . .";

c. Article I, s. 9, Fla. Const., stating that "[n]o person shall be deprived of . . . property

without due process of law…”.

See fake “lien”, fake “writ”; fake “land parcels”; fake “resolution/law”; fake “judgment”.

6. An Order declaring the facially fraudulent “writ of execution”, Doc. # 425, violative of

Fed.R.Civ.P. 69 and null and void;

7. An Order declaring the lack of any genuine authentic foreign (out-of-Florida) judgment;

8. An Order declaring the falsified “writ of execution”, Doc. # 425, 2:07-cv-228, null and void;

9. An Order recusing and disqualifying Defendant Crooked and objectively partial Judge

James S. Moody, Jr.;

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10. An Order recusing Def. Crooked Charlene E. Honeywell because of publicly recorded

organized crime, racketeering, corruption, bribery, retaliation against the Plaintiffs, and

extortion of said money and Lot 15A in violation of Florida and Federal law;

11. An Order vacating and/or setting aside the prima facie unconstitutional and null and void

“pre-filing injunction”, Doc. # 245, which was for criminal and illegal purposes of, e.g.,

cover-up, concealment, and conspiracy to extort said money and land, Lot 15A;

12. An Order recusing Def. Crooked S. Polster Chappell, because she conspired to conceal

said falsifications and extend the record racketeering and retaliation;

13. An Order vacating and/or setting aside any and all orders by Defendants Sheri Polster

Chappell and Charlene Edwards Honeywell, because they were procured through fraud,

and falsification and destruction of official records, documents, and conclusive evidence;

14. An Order declaring that Defendant K. M. Wilkinson did NOT “have any lien”;

15. An Order declaring that Defendant Wilkinson did NOT “hold any $5,048.60 judgment” as

falsely pretended and falsified by said Defendant Wilkinson and Defendant Crooked

Attorney JACK N. PETERSON [see falsified, fraudulent and deceptive “affidavits”

asserting a fake “July 29, 2009 judgment” in the Collier and Lee County Public Records;

16. An EMERGENCY Order suspending and enjoining as absolutely mandatory any

proceedings on any illegal and criminal execution in violation of, e.g., Chapters 55 and 56,

Fla. Stat., and the 4th, 14th, 1st, and 7th U.S. Const. Amendments, 18 U.S.C. §§ 1961 – 1968;

42 U.S.C. §§ 1983, 1985, 18 U.S.C. §§ 241, 242; s. 838.022, Fla. Stat.;

17. An Order sanctioning Defendant Attorney JACK N. PETERSON for recorded perjury and

conspiring with Def. Wilkinson and other Government Officials to extort, racketeer,

retaliate, and deliberately deprive Dr. Jorg Busse and Jennifer Franklin Prescott;

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18. An Order declaring the final record mandate in the amount of $24.30 paid;

19. An Order vacating and setting aside the facially oppressive and unconstitutional “pre-filing

injunction”, Doc. # 245, Case No. 2:2009-cv-00791, which on its face was for criminal and

illegal purposes of racketeering, retaliation, intimidation, oppression, and “protection” of

the organized Criminals and criminal Defendants in this Court and the 11th Circuit;

20. An Order restraining and preventing the record violations of section 1962 under the RICO

civil provisions;

21. An Order declaring the lack of any recorded mandate and/or money judgment other than the

$24.30, which was “issued as mandate on June 11, 2009” and recorded on June 15, 2009

pursuant to the certified Docket, Case No. 2:2007-cv-00228, U.S. District Court, M.D.

Florida, Fort Myers Division;

22. An Order declaring that the U.S. Court of Appeals for the 11th Circuit had lost jurisdiction

on 06/11/2009, as had also been evidenced by its own Case Docket, 08-13170-BB];

23. An Order sanctioning and punishing Defendant Kenneth M. Wilkinson for the publicly

recorded falsifications of, e.g., said fake “judgment”, “land parcels”, fake “resolution”,

extortion, and racketeering, all of which obstructed justice;

24. An Order declaring INSTRUMENT 4371834, O.R. 4517 PG 1914, Collier County Public

Records, and the equally fraudulent filing in Lee County part of a racketeering, extortion,

and fraud scheme

25. An Order restraining any further racketeering by Defendant Government Officials and in

particular the illegal forced selling of Plaintiffs’ said riparian Cayo Costa property, Lot 15A,

in the absence of any recorded “$5,048.60” “judgment”;

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26. An Order dissolving and/or reorganizing the corrupt Government enterprise under, e.g., civil

RICO, and 18 U.S.C. 1964(a);

27. An Order removing the publicly recorded corrupting influence and make due provision for

said express fundamental rights of innocent persons under the Florida and Federal

Constitutions and, e.g., the 14th, 1st, 7th, 4th, 5th, and 11th U.S. Constitutional Amendments;

28. An EMERGENCY Order recusing Defendant Crooked, Objectively Partial, and Unfit

Government Racketeer John E. Steele;

29. An Order making the Government enterprise of record subject of injunctive relief, because it

is designed to aid the illegal enterprise of, e.g., obstructing justice, retaliating and

punishing, and extorting money, Government fees, and property;

30. An Order enjoining said U.S. Courts from retaliating against the Plaintiffs because they

blew the whistle on Government crimes & corruption, rather than punishing the Defendant

Racketeers of record and providing remedies and relief to the Plaintiff racketeering and

corruption victims;

31. An EMERGENCY Order recusing Defendant Crooked and Objectively Partial and Unfit

Judge C. E. Honeywell;

32. An EMERGENCY Order recusing Defendant Corrupt and Objectively Partial and Unfit

Judge S. Polster Chappell;

33. An Order for equitable relief;

34. An Order declaring Plaintiffs’ record title to Lot 15A, Cayo Costa, free & clear and

unencumbered;

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35. An Order declaring fake “land parcels” “12-44-20-01-00000.00A0” and “07-44-21-01-

00001.0000” falsified and prima facie forgeries as conclusively evidenced by the 1912

Cayo Costa Plat in Lee County Plat Book 3, Page 25;

36. An Order for EMERGENCY relief from the publicly recorded public corruption, extortion,

coercion, fraud, and concealment in said Courts;

37. An Order for compensatory damages;

38. An Order for triple punitive damages;

39. An Order for triple punitive damages under, e.g., Civil RICO, 18 U.S.C. § 1964, 1964(c);

40. An Order for expenses, costs, legal expenses, and fees;

41. An Order enjoining any and all Governments and the Defendants and Officials from any

trespass onto the private undedicated “Cayo Costa” “Subdivision” as legally described in

reference to said 1912 Plat in PB 3 PG 25;

42. An Order declaring the prima facie forgeries of non-existent “land parcels” “12-44-20-01-

00000.00A0” and “07-44-21-01-00001.0000” fraudulent and criminal acts of record;

43. An Order permanently enjoining any and all entries and publications of any “resolution

569/875”, “O.R. 569/875”, “legislative act 569/875”, and non-existent “land parcels” “12-

44-20-01-00000.00A0” and “07-44-21-01-00001.0000” from any and all Government

records and publications;

44. An Order permanently enjoining any and all Governments and Defendants from fraudulently

“claiming” “asserting” “publishing” Government ownership of the street lands along the

Gulf of Mexico as legally described and conveyed in reference to the Plat of the prima facie

private “Cayo Costa” Subdivision;

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45. An Order enjoining and restraining any extortion of property and money and foreclosure

fraud by Defendants Eugene C. Turner, Richard D. DeBoest, II, Chene M. Thompson, and

Hugh D. Hayes.

___________________________
/s/Jorg Busse, M.D., M.M., M.B.A.
Private Attorney General; Plaintiff public corruption & racketeering victim
c/o International Court of Justice
Peace Palace
The Hague, Netherlands
MAIL TO: jrbu@aol.com

_____________________
[/s/Jennifer Franklin Prescott]
Private Attorney General; Plaintiff Government racketeering & corruption victim
c/o International Court of Justice
Peace Palace
The Hague, Netherlands
MAIL TO: bhtjw@aol.com

15
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Session
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CRIMES FORGERY AND COUNTERFEITING
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831.01 Forgery.— Whoever falsely makes, alters, forges or counterfeits a public record, or a
certificate, return or attestation of any clerk or register of a court, public register, notary public,
town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation
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may be received as a legal proof; or a charter, deed, will, testament, bond, or writing obligatory,
letter of attorney, policy of insurance, bill of lading, bill of exchange or promissory note, or an order,
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acquittance, or discharge for money or other property, or an acceptance of a bill of exchange or
promissory note for the payment of money, or any receipt for money, goods or other property, or any
passage ticket, pass or other evidence of transportation issued by a common carrier, with intent to
Session: 2011
injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
Chamber: Senate
History .—s. 1, ch. 1637, 1868; RS 2479; s. 6, ch. 4702, 1899; GS 3359; RGS 5206; CGL 7324; s. 1, ch. 59-31; s. 1, ch.
61-98; s. 959, ch. 71-136; s. 32, ch. 73-334.
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831.02 Uttering forged instruments.— Whoever utters and publishes as true a false, forged or
altered record, deed, instrument or other writing mentioned in s. 831.01 knowing the same to be
false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of a
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felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History .—s. 2, ch. 1637, 1868; RS 2480; GS 3360; RGS 5208; CGL 7326; s. 2, ch. 59-31; s. 2, ch. 61-98; s. 960, ch. 71-
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The 2009 Florida Statutes

Title VI Chapter 55 View Entire Chapter


CIVIL PRACTICE AND PROCEDURE JUDGMENTS

55.10 Judgments, orders, and decrees; lien of all, generally; extension of liens; transfer of liens to
other security.--

(1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is
recorded in the official records or judgment lien record of the county, whichever is maintained at the time of
recordation, provided that the judgment, order, or decree contains the address of the person who has a lien
as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the
judgment, order, or decree stating the address of the person who has a lien as a result of such judgment,
order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of
the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order,
or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree. If
the certified copy was first recorded in a county in accordance with this subsection between July 1, 1987, and
June 30, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 7
years from the date of the recording. If the certified copy is first recorded in accordance with this subsection
on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period
of 10 years from the date of the recording.

(2) The lien provided for in subsection (1) or an extension of that lien as provided by this subsection may be
extended for an additional period of 10 years, subject to the limitation in subsection (3), by rerecording a
certified copy of the judgment, order, or decree prior to the expiration of the lien or the expiration of the
extended lien and by simultaneously recording an affidavit with the current address of the person who has a
lien as a result of the judgment, order, or decree. The extension shall be effective from the date the certified
copy of the judgment, order, or decree is rerecorded. The lien or extended lien will not be extended unless the
affidavit with the current address is simultaneously recorded.

(3) In no event shall the lien upon real property created by this section be extended beyond the period
provided for in s. 55.081 or beyond the point at which the lien is satisfied, whichever occurs first.

(4) This act shall apply to all judgments, orders, and decrees of record which constitute a lien on real
property; except that any judgment, order, or decree recorded prior to July 1, 1987, shall remain a lien on real
property until the period provided for in s. 55.081 expires or until the lien is satisfied, whichever occurs first.

(5) Any lien claimed under this section may be transferred, by any person having an interest in the real
property upon which the lien is imposed or the contract under which the lien is claimed, from such real
property to other security by either depositing in the clerk's office a sum of money or filing in the clerk's office
a bond executed as surety by a surety insurer licensed to do business in this state. Such deposit or bond shall

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be in an amount equal to the amount demanded in such claim of lien plus interest thereon at the legal rate for
3 years plus $500 to apply on any court costs which may be taxed in any proceeding to enforce said lien. Such
deposit or bond shall be conditioned to pay any judgment, order, or decree which may be rendered for the
satisfaction of the lien for which such claim of lien was recorded and costs plus $500 for court costs. Upon
such deposit being made or such bond being filed, the clerk shall make and record a certificate showing the
transfer of the lien from the real property to the security and mail a copy thereof by registered or certified
mail to the lienor named in the claim of lien so transferred, at the address stated therein. Upon the filing of
the certificate of transfer, the real property shall thereupon be released from the lien claimed, and such lien
shall be transferred to said security. The clerk shall be entitled to a service charge of up to $15 for making
and serving the certificate. If the transaction involves the transfer of multiple liens, an additional service
charge of up to $7.50 for each additional lien shall be charged. Any number of liens may be transferred to one
such security.

(6) Any excess of the security over the aggregate amount of any judgments, orders, or decrees rendered,
plus costs actually taxed, shall be repaid to the party filing the security or his or her successor in interest. Any
deposit of money shall be considered as paid into court and shall be subject to the provisions of law relative to
payments of money into court and the disposition of these payments.

(7) Any party having an interest in such security or the property from which the lien was transferred may at
any time, and any number of times, file a complaint in chancery in the circuit court of the county where such
security is deposited for an order:

(a) To require additional security;

(b) To require reduction of security;

(c) To require change or substitution of sureties;

(d) To require payment or discharge thereof; or

(e) Relating to any other matter affecting said security.

History.--s. 1, ch. 10166, 1925; s. 1, ch. 14749, 1931; ss. 1-3, ch. 17998, 1937; s. 2, ch. 19270, 1939; C GL
1940 Supp. 4865(3); s. 9, ch. 67-254; s. 1, ch. 71-56; s. 1, ch. 77-462; s. 2, ch. 87-67; s. 7, ch. 87-145; s. 12,
ch. 91-45; s. 10, ch. 93-250; s. 15, ch. 94-348; s. 1357, ch. 95-147; s. 7, ch. 2000-258; s. 1, ch. 2001-130; s.
68, ch. 2003-402; s. 47, ch. 2004-265.

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