Target: David Wilkins dcf-osc@dcf.state.fl.us
Sponsored by: Randy Kluge And Concerned Parents
This is a petition requesting the removal of DCF-supervisor Lisa Voigt from her position working with Department Children and Families in any position. She has flaunted the laws, allowed false reports to stand, abused the color of law and completely disregarded constitutional rights. And she has no care for the emotional abuse she puts children through. I have found filing complaints with in the DCF office is nothing but a joke as they will not give themselves a "black-eye" admitting that one of their employees is not fit to work with Department Children and Families. These crimes were committed on April 19, 2011 in the city of North Port Florida.
Lisa Voigt DCF-supervisor
DCF-supervisor
1864 17th Street
Sarasota, FL 34234
The following is a list of the specific laws and statues broken by Ms. VoigtFlorida Statues
KIDNAPPING; FALSE IMPRISONMENT; LURING OR ENTICING A CHILD; CUSTODY OFFENSES View Entire Chapter
787.01 The term “kidnapping” Kidnapping; kidnapping of child under age 13, aggravating circumstances.—(1)(a) by threat confining, means forcibly, secretly, or abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:
Hold for ransom or reward or as a shield or 1. hostage.
2. Commit or facilitate commission of any felony.
Inflict 3. bodily harm upon or to terrorize the victim or another person.
Interfere with the performance of any governmental or political 4. function.
Confinement of a child under the age of 13is against her or (b) will within the meaning of this subsection if such confinement is his without the consent of her or his parent or legal guardian.
(2) person who A kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s.
787.02 False The term “false imprisonment; false imprisonment of child under age 13, aggravating circumstances.—(1)(a) forcibly, by threat, or imprisonment” means secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.
Confinement of a child (b) will within the meaning of this under the age of 13 is against her or his section if such confinement is without the consent of her or his parent or legal guardian.
(2) commits the offense of false imprisonment is A person who guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who commits the offense of false (3)(a) child under the age of 13 and who, in the course of imprisonment upon a committing the offense, commits any offense enumerated in subparagraphs 1.-5., commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
1. Aggravated child abuse, as defined in s. 827.03;
Sexual 2. battery, as defined in chapter 794, against the child;
3. Lewd or lascivious conduct, lascivious battery, lewd or lascivious molestation, lewd or or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5);
A violation of s. 796.03 or s. 796.04, relating to prostitution, 4. upon the child; or
Exploitation of the child or allowing the child to be 5. exploited, in violation of s. 450.151.
(b) Pursuant to s. 775.021(4), to prohibit the imposition of nothing contained herein shall be construed separate judgments and sentences for the first degree offense described in paragraph (a) and for each separate offense enumerated in subparagraphs
787.03 Whoever, knowingly or Interference with custody.—(1) without lawful authority, recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of the minor’s or incompetent person’s parent, his or her guardian, a public agency having the lawful charge of the minor or incompetent person, or any other lawful custodian commits the offense of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
I know she is guilty of kidnapping as they never produced a warrant to take the child which was not being abused, she forced her and the officers into the home with coercion and intimidation implying that there would be an arrest warrant issues, she also said that if we came to court the next day we could get her back. When asked why she said she did not know why she was there. She removed the child from me screaming that she wanted me and wanted out. The child was not in the home and there was no imminent danger.
Chapter 817
FRAUDULENT PRACTICES View Entire Chapter
817.025 Home or private business invasion by false personating; person who obtains access to a home or private business by false penalties.—A personating or representation, with the intent to commit a felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If such act results in serious injury or death, it is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 91-133.
Matters 817.155 jurisdiction of Department of State; false, fictitious, or within fraudulent acts, statements, and representations prohibited; penalty; statute of limitations.—A person may not, in any matter within the jurisdiction of the Department of State, knowingly and willfully falsify or conceal a material fact, make any false, fictitious, or fraudulent statement or representation, or make or use any false document, knowing the same to contain any false, fictitious, or fraudulent statement or entry. A person who violates 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. The statute of limitations for prosecution of an act committed in violation of this section is 5 years from the date the act was committed.
History.—s. 52, ch. 87-99; s. 194, ch. 91-224; s. 26, ch. 2005-267.
She had no right to come into our home, she had no warrant but used her position and that of the North Port police officers to intimidate, harass and manipulate. There was no signs of abuse and I was not home nor was the child.
Chapter 876
CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER View Entire Chapter
876.05 All persons who employed by or who now or Public employees; oath.—(1) now or hereafter are hereafter are on the payroll of the state, or any of its departments and agencies, subdivisions, counties, cities, school boards and districts of the free public school system of the state or counties, or institutions of higher learning, except candidates for federal office, are required to take an oath before any person duly authorized to take acknowledgments of instruments for public record in the state in the following form:
I, , a citizen of the State of Florida and of the United States of America, and being employed by or an officer of and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida.
Said oath shall be filed with the records of the (2) official or employing governmental agency prior to the approval of governing any voucher for the payment of salary, expenses, or other compensation.
History.—s. 1, ch. 25046, 1949; s. 22, ch. 83-214; s. 55, ch. 2007-30; s. 77, ch. 2011-40.
876.06 Discharge for 876.05-876.10 to take the refusal to execute.—If any person required by ss. oath herein provided for fails to execute the same, the governing authority under which such person is employed shall cause said person to be immediately discharged, and his or her name removed from the payroll, and such person shall not be permitted to receive any payment as an employee or as an officer where he or she was serving.
History.—s. 2, ch. 25046, 1949; s. 1414, ch. 97-102.
876.09 The provisions all employees and elected Scope of law.—(1) of ss. 876.05-876.10 shall apply to officers of the state, including the Governor and constitutional officers and all employees and elected officers of all cities, towns, counties, and political subdivisions, including the educational system.
This act shall take (2) precedence
I know she did not uphold her oath, she was in no way supporting the Florida or the United States constitution by allowing unauthorized search and seizure, my constitution right to be safe from that as well as safe from intimidation and false accusations were trampled on. I know this is to apply as well…..acting under the color of state law requires that the defendant have exercised power "possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law,"
[18] and such actions may result in liability even if the defendant abuses the position given to him by the state. If she had not used her position and the positions of the two officers with her then we would have never allowed her to do this reprehensible act.
Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter
Any contract that has been executed in Remedies; contracts violation of this part is voidable: 112.3175 voidable.—(1)
(a) By any party to the contract.
In any circuit (b) court, by any appropriate action, by:
1. The commission.
The Attorney 2. General.
3. Any citizen materially affected by the contract and residing jurisdiction represented by the officer or agency entering into such in the contract.
Any contract that has been executed in violation of this part (2) presumed void with respect to any former employee or former public is official of a state agency and is voidable with respect to any private sector third party who employs or retains in any capacity such former agency employee or former public official.
We have really been affected materially by the actions Lisa Voigt has taken, Attorney bills over $40.000. My wife was no longer able to manage her business and clients; she had to turn them over to another representative. We are unable to stay in our home because the memories, both good and bad or too hard to bear, seeing the place in the front yard where I collapsed after having her ripped away. I am no longer doing the upkeep and maintenance of my properties but hiring it out, I am also hiring out all my work from a local bank. As well as doctor and prescription fees.
Florida Constitution
:
SECTION 12. Searches and seizures.—The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.
History.—Am. H.J.R. 31-H, 1982; adopted 1982.
SECTION 23. Right of privacy.—Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.
History.—Added, C.S. for H.J.R. 387, 1980; adopted 1980; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.
The elements of Duress have been stated as:
- One side involuntarily accepted the terms of another;
- Where the circumstances permitted no other alternative; and
- That said circumstances were the result of coercive acts of the opposite party.
However, duress may also be raised as as affirmative defense even though it is caused by a third party, so long as the party benefiting from the state of duress knows that the affected party is in duress.
See Associated Hous. Corp. v. Keller Bldg. Products of Jacksonville, Inc.,
335 So.2d 362, 363 (Fla. 1st DCA 1976). (If an instrument is (1) signed under duress and (2) the state of duress is "known to have been induced by the party in whose favor it redounds" then duress is a proper defense to an action on that instrument, it matters not from whom the duress emanates.)
In more general terms it can be stated that duress is a condition of the mind produced by an improper external pressure or influence that practically destroys the free agency of a party so that the act of that party was not of her own volition.
City of Miami v. Kory,
394 So.2d 494, 499 (Fla. 3d DCA 1981),
citing Fruhauf Southwest Garment Company v. United States,
111 F.Supp. 945 (1953);
and Herald v. Hardin,
116 So. 863 (Fla. 1928).
We were under duress and threat of arrest, we did not voluntarily accept this but were forced, we felt there was no other alternative as the officers were using the Color of Law to intimidate us. All of this happened under duress.
Amendment IV Search and arrest The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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