Florida Statutes
Fla. Stat. § 817.38 (2025)
Simulated process.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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817.38 Simulated process.—
(1) CIRCULATION PROHIBITED.—It is unlawful for any person, firm, or corporation to send or deliver, or cause to be sent or delivered any letter, paper, document, notice of intent to bring suit, or other notice or demand, which simulates a summons, complaint, writ, or other court process, or any letter, paper, or document which simulates the seal of the state or the stationery of any state agency or fictitious state agency with intent to lead the recipient or sendee to believe that the same is genuine, for the purpose of obtaining any money or thing of value, or that a state agency is the sending party. The sending of such simulating document shall be prima facie evidence of such intent, and it shall be no defense to show that the document bears any statement to the contrary, nor shall it be a defense to show that the money or thing of value sought to be obtained was to apply as payment on a valid obligation.
(2) EVIDENCE OF DELIVERY.—In prosecutions for violation of this section, the prosecution may show that the simulating document was deposited in the post office for mailing or was delivered to any person with intent to be forwarded, and such showing shall be sufficient proof of the sending or delivery.
(3) VENUE.—Any person violating this section may be tried therefor in the county where such simulating document was so deposited, or the county where the same was received.
(4) EXCEPTION.—Nothing in this section shall be construed to prohibit the printing, publication or distribution of blank forms of genuine summons and other court process.
Arrestable Offenses under F.S. 817.38
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§817.38PASS FORGEDCIRCULATE SIMULATED COURT PROCESS
Notes of Decisions
Cited in 1
case, 1974–1974 · leading case: Young v. Nat'l Brands Tire Co., 40 Fla. Supp. 143 (Fla. Cir. Ct., Miami-Dade Cty. 1974).
Young v. Nat'l Brands Tire Co., 40 Fla. Supp. 143 (Fla. Cir. Ct., Miami-Dade Cty. 1974). “01(1), and (2) the instruments were executed by the defendant or its agent rather than by any agent or spurious agent of the state of Florida as denounced by §817.38, and (3) provided the recipient a verbatim reproduction of §818.”
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