S422 GENERAL
BILL by Senator Geller
Law Practice Restrictions; increases penalty
for committing prohibited acts constituting unlicensed practice of
law to third-degree felony; deletes provisions prohibiting sheriff
from practicing law in this state. Amends 454.23,.18 EFFECTIVE
DATE: 07/01/2004.
10/22/03 SENATE Prefiled
10/30/03 SENATE Referred to Judiciary;
Criminal Justice
CODING: Words stricken
are deletions; words underlined are
additions.
1
A bill to be entitled
2
An act relating to restrictions on the practice
3
of law; amending s. 454.23, F.S.; increasing
4
the penalty for committing prohibited acts
5
constituting the unlicensed practice of law to
6
a third-degree felony; amending s. 454.18,
7
F.S.; deleting provisions prohibiting a sheriff
8
from practicing law in this state; providing an
9
effective date.
10
11 Be It Enacted by the Legislature
of the State of Florida:
12
13
Section 1. Section 454.23, Florida Statutes, is
14 amended to read:
15
454.23 Penalties.--Any person not licensed or
16 otherwise authorized by the Supreme
Court of Florida who shall
17 practice law or assume or hold
himself or herself out to the
18 public as qualified to practice
in this state, or who
19 willfully pretends to be, or
willfully takes or uses any name,
20 title, addition, or description
implying that he or she is
21 qualified, or recognized by law
as qualified, to act as a
22 lawyer in this state, and any
person entitled to practice who
23 shall violate any provisions
of this chapter, commits shall
be
24 guilty
of a felony of the third
misdemeanor of the first
25 degree, punishable as provided
in s. 775.082, or s. 775.083,
26 or
s. 775.084.
27
Section 2. Section 454.18, Florida Statutes, is
28 amended to read:
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454.18 Officers not allowed to practice.--A
No sheriff
30 or
clerk of any court, or deputy clerk of
the court thereof,
31 may
not shall practice
in this state, and nor
shall any person
1
1 who
is not of good moral character,
or who has been convicted
2 of an infamous crime is
not be entitled to practice.
A But
no
3 person may
not shall be denied
the right to practice on
4 account of gender
sex, race, or color.
And any person,
5 whether an attorney or not,
or whether within the exceptions
6 mentioned above or not,
may conduct his or her own cause in
7 any court of this state,
or before any public board,
8 committee, or officer, subject
to the lawful rules and
9 discipline of such court,
board, committee, or officer. The
10 provisions of this section restricting
the practice of law by
11 a sheriff
or clerk, or
deputy clerk of the court do thereof,
12 shall
not apply in a case where such person is representing
13 the office or agency in the course
of duties as an attorney.
14
Section 3. This act shall take effect July 1, 2004.
15
16
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SENATE SUMMARY
18 Increases the penalty
for the unlicensed practice of law
to a third-degree felony. Deletes provisions that
19 prohibit a sheriff
from practicing law in this state.
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21
22
23
24
25
26
27
28
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30
31
2
CODING: Words stricken
are deletions; words underlined are
additions. |