Notice to Clerk of Court and Public Memorial

INTRODUCTION

This memorial serves as a formal notice and opportunity to cure regarding any alleged unlawful enforcement actions against private automobile use by agents, officers, or representatives of the Florida Highway Safety and Motor Vehicles (FLHSMV). The enforcement of licensing, registration, or traffic codes against private civilians not engaged in commerce constitutes a violation of statutory law, constitutional principles, and recognized legal precedents.

I. CONSTITUTIONAL AND STATUTORY FRAMEWORK

A. Supremacy Clause (Article 6, Clause 2, U.S. Constitution)
“All laws made furthering or carrying into execution the Constitution shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.”

B. Prohibition of Bills of Credit (Article 1, Section 10, U.S. Constitution)
States are prohibited from issuing bills of credit, which relates to the monetary and regulatory authority over private property and commerce.

II. LIMITATION OF MOTOR VEHICLE REGULATION AND STATUS OF PRIVATE AUTOMOBILES

1. Federal Definitions: Limit Motor Vehicle to Commercial Use
   18 USC § 31 defines a “motor vehicle” as a vehicle used in commerce, not private use. Enforcement against private automobiles for licensing or registration contravenes this definition.
2. Driver as a Legal Fiction and Commercial Operator
   48 USC § 390t(6) characterizes the “driver” as a legal fiction, which is used to convert civilians into commercial operators subject to federal regulation.
3. Registration Limited to Commercial Vehicles
   49 USC § 14904a(10) limits registration requirements to vehicles used in commerce, not private consumer goods.
4. Private Automobiles as Consumer Goods
   UCC § 9-102(23) classifies private automobiles as “consumer goods,” which are not subject to motor vehicle statutes designed for commerce.

III. THE NATURE OF LICENSES AND PERMISSIVE AUTHORITY

1. License as Permission to Do What Is Unlawful
   Black’s Law Dictionary, 4th Ed. defines a license as permission to do what is otherwise unlawful. No license is required to lawfully operate a private automobile for personal use.
2. No License Required for Lawful Activity
   The absence of a license requirement indicates that private use of automobiles is lawful and cannot be conditioned or coerced through licensing statutes.

IV. FEDERAL STATUTES AND PENALTIES FOR VIOLATIONS

• 18 USC § 242 — Deprivation of rights under color of law
• 18 USC §§ 1932-1893 — Interception and disclosure of wire, oral, or electronic communications
• 42 USC § 1983 — Civil action for deprivation of rights

Any attempt by enforcement personnel to impose or enforce license, registration, or traffic codes upon private civilians not engaged in commerce constitutes piracy, coercion, and commercial recoupment.

V. NOTICE TO ALL PUBLIC OFFICIALS AND ENFORCEMENT PERSONNEL

Any enforcement action against private individuals operating non-commercial automobiles is unlawful and constitutes a violation of the constitutional rights, statutory limits, and federal statutes outlined herein.

Failure to cease such unlawful enforcement will result in claims for damages, penalties, and injunctive relief against all responsible persons and entities.

VI. CASE LAW SUPPORT

• Penhallow v. Doane’s Administrators, 3 U.S. (3 Dall.) 54 (1795)
  Affirms the supremacy of federal law over state statutes and actions.
• Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
  Establishes the principle of authority to interpret the Constitution and nullify unlawful statutes or actions.

VII. OPPORTUNITY TO CURE

You are hereby notified that any enforcement, threat, or attempt to impose licensing, registration, or related requirements on private automobiles used solely for personal, non-commercial purposes is unlawful.

You are hereby given an opportunity to rectify and cease all such enforcement actions within 15 days from receipt of this notice.

Failure to do so will result in the assertion of legal remedies, including but not limited to, civil and administrative claims for damages, injunctive relief, and criminal actions where applicable.

VIII. DECLARATION AND LIABILITY

This notice is provided to preserve rights, affirm lawful standing, and serve as a legal record. All enforcement personnel and officials are put on notice that any violation of this notice will be considered a breach of constitutional rights, statutory limits, and federal law, resulting in personal liability.

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Notice has been served upon the designated officials and enforcement personnel via certified mail on this February 2, 2026.

END OF NOTICE