1. Filing a false police report, a third degree felony, F.S. 837.05, on October 26, 2016, stating that Mr. Reynolds was violating an injunction, when Mayor RICHARD BURTT O'BRIEN was in court the morning of October 26, 2016 and knew that Mr. Reynolds' First Amendment rights were preserved inviolate when Judge Howard McGillan modified his ex parte October 17, 2016 order. F.S. 837.05 states:
837.05 False reports to law enforcement authorities.—
(1)(a) Except as provided in paragraph (b) or subsection (2), a person who knowingly gives false information to a law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person who commits a violation of paragraph (a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has previously been convicted of a violation of paragraph (a) and subparagraph 1. or subparagraph 2. applies:
1. The information the person gave to the law enforcement officer was communicated orally and the officer’s account of that information is corroborated by:
a. An audio recording or audio recording in a video of that information;
b. A written or recorded statement made by the person who gave that information; or
c. Another person who was present when that person gave that information to the officer and heard that information.
2. The information the person gave to the law enforcement officer was communicated in writing.
(2) A person who knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 57, ch. 74-383; s. 34, ch. 75-298; s. 206, ch. 91-224; s. 5, ch. 97-90; s. 1, ch. 2013-117.
2. Violating Mr. Reynolds' constitutionally protected voting rights by making the false police report, interfering with his casting his vote and campaigning at the City Hall voting precinct during early voting that day and since, a third degree felony, F.S. 104.0515, which states:
Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES
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104.0515 Voting rights; deprivation of, or interference with, prohibited; penalty.—
(1) All citizens of this state who are otherwise qualified by law to vote at any election by the people in this state or in any district, county, city, town, municipality, school district, or other subdivision of this state shall be entitled and allowed to vote at all such elections without distinction according to race, color, or previous condition of servitude, notwithstanding any law, ordinance, regulation, custom, or usage to the contrary.
(2) No person acting under color of law shall:
(a) In determining whether any individual is qualified under law to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under law to other individuals within the same political subdivision who have been found to be qualified to vote; or
(b) Deny the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under law to vote in such election. This paragraph shall apply to vote-by-mail ballots only if there is a pattern or history of discrimination on the basis of race, color, or previous condition of servitude in regard to vote-by-mail ballots.
(3) No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or not to vote as that person may choose, or for the purpose of causing such other person to vote for, or not vote for, any candidate for any office at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate.
(4) No voting qualification or prerequisite to voting, and no standard, practice, or procedure, shall be imposed or applied by any political subdivision of this state to deny or abridge the right of any citizen to vote on account of race or color.
(5) Any person who violates the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 82-59; s. 26, ch. 83-217; s. 5, ch. 91-224; s. 615, ch. 95-147; s. 28, ch. 98-129; s. 37, ch. 2016-37.
3. Corruptly influencing the election by mailing postcards with photos of police cars, misusing government property to give the impression of police support, a first degree misdemeanor, F.S. 104.061, which states in pertinent part:
104.061 Corruptly influencing voting.—
(1) Whoever by bribery, menace, threat, or other corruption whatsoever, either directly or indirectly, attempts to influence, deceive, or deter any elector in voting or interferes with him or her in the free exercise of the elector’s right to vote at any election commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 for the first conviction, and a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any subsequent conviction….
History.—ss. 1, 3, ch. 6470, 1913; RGS 5918; CGL 8182; s. 1, ch. 19617, 1939; s. 1, ch. 20934, 1941; s. 7, ch. 22858, 1945; s. 8, ch. 26870, 1951; s. 1, ch. 65-379; s. 25, ch. 71-136; s. 35, ch. 77-175; s. 51, ch. 79-400; s. 21, ch. 81-304; s. 22, ch. 90-315; s. 616, ch. 95-147; s. 29, ch. 98-129.
Nixonian St. Augustine Beach Mayor RICHARD BURTT O'BRIEN apparently has no moral compass and no scruples. Thinking voters will select Rosetta Bailey for City Commission.
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