Bill Text: FL S0058 | 2010 | Regular Session | Introduced
Bill Title: Relief/Brian Pitts/State of Florida
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on The Special Master on Claim Bills [S0058 Detail]
Download: Florida-2010-S0058-Introduced.html
Florida Senate - 2010 (NP) SB 58 By Senator Siplin 19-00216-10 201058__ 1 A bill to be entitled 2 An act for the relief of Brian Pitts; directing the 3 Division of Administrative Hearings to appoint an 4 administrative law judge to determine whether a basis 5 for equitable relief exists for the purpose of 6 compensating Brian Pitts for any wrongful act or 7 omission by the State of Florida or officials thereof; 8 requiring a report to the Legislature; authorizing 9 such compensation upon a determination by the 10 administrative law judge; providing an appropriation 11 to compensate Brian Pitts for injuries and damages 12 sustained; providing a limitation on the payment of 13 fees and costs; authorizing Brian Pitts to practice 14 law under certain circumstances; providing an 15 effective date. 16 17 WHEREAS, this state has clearly recognized the practice of 18 law by lay persons since at least 1980, the Legislature and 19 judiciary having concurrent jurisdiction to regulate such, and 20 WHEREAS, Brian Pitts has exercised this privilege since 21 2001 in Pinellas County, and his practice was later confirmed by 22 the Florida Supreme Court in case number SC 02-247, in a final 23 order dated November 11, 2003, and 24 WHEREAS, since the inception of Mr. Pitts’ practice, the 25 Second District Court of Appeal, the Sixth Judicial Circuit of 26 Florida serving Pasco and Pinellas Counties, the state attorney 27 for the Sixth Judicial Circuit of Florida, and The Florida Bar 28 have, without cause, deprived Mr. Pitts of the privilege of 29 practicing law as prescribed by the Legislature and Florida 30 Supreme Court, subjecting him to civil and criminal proceedings 31 and penalties on an ongoing basis, and 32 WHEREAS, the Florida Supreme Court has, by virtue of the 33 broad, general, and ambiguous language of its 2003 final order 34 in the case, subjected Mr. Pitts to entrapment, and has 35 needlessly and unjustly delayed ruling upon a request by Mr. 36 Pitts to clarify or amend the final order or to promulgate other 37 rules following original proceedings brought by Mr. Pitts to 38 correct the matter, and 39 WHEREAS, Mr. Pitts’ good name and reputation have been 40 damaged and he has been deprived of due process, the ability to 41 conduct a lawful business, freedom of speech, property, liberty, 42 and equal protection under the law, and has not benefited from 43 constitutional protections against unlawful trusts and double 44 jeopardy, and has further suffered mental anguish and emotional 45 distress as the result of the intentional misconduct and gross 46 negligence of the courts, the state attorney’s office, and The 47 Florida Bar related to his practice of law as a nonlawyer in 48 this state, and 49 WHEREAS, Mr. Pitts has suffered, and continues to suffer, 50 significant monetary damage in the form of time, expenses, fees, 51 fines, costs, and restitution associated with the civil and 52 criminal proceedings pertaining to his unauthorized or 53 unlicensed practice of law, and 54 WHEREAS, Brian Pitts has on many occasions appeared before 55 the Legislature to instruct, advise, inform, and advocate for or 56 against proposed legislation covering a large spectrum of topics 57 and subject matter, and 58 WHEREAS, the Legislature recognizes that no system of 59 justice is impervious to human error, and 60 WHEREAS, the Legislature acknowledges that the state’s 61 system of justice sometimes yields imperfect results that may 62 have tragic consequences, and 63 WHEREAS, this claim is based on a moral and legal 64 obligation of the Legislature to acknowledge its own acts and 65 inherent authority to correct a wrong whereby normal or other 66 state authority, remedy, or resolution has been intentionally 67 delayed or denied on an arbitrary and capricious basis, 68 resulting in a manifest injustice or disregard of the law, and 69 WHEREAS, the Legislature intends that any compensation made 70 pursuant to this act be the sole compensation to be provided by 71 the state for any and all present and future claims arising out 72 of the facts presented in this act, NOW, THEREFORE, 73 74 Be It Enacted by the Legislature of the State of Florida: 75 76 Section 1. The facts stated in the preamble to this act are 77 found and declared to be true. 78 Section 2. The Division of Administrative Hearings shall 79 appoint an administrative law judge to conduct a hearing and 80 determine whether a basis for equitable relief exists for the 81 purpose of compensating Brian Pitts for any wrongful act or 82 omission of the State of Florida which occurred in the 83 investigations and civil and criminal proceedings pertaining to 84 or alleging the unlicensed or unauthorized practice of law. 85 Section 3. (1) If the administrative law judge determines 86 by a preponderance of the evidence that the State of Florida 87 committed a wrongful act or omission and that a basis for 88 equitable relief exists, the administrative law judge may award 89 Brian Pitts an amount of up to $350,000. The administrative law 90 judge shall report his or her determination to the President of 91 the Senate and the Speaker of the House of Representatives no 92 later than July 1, 2010. The Chief Financial Officer is directed 93 to draw a warrant in satisfaction of the relief awarded by the 94 administrative law judge or special master, as provided in this 95 act, and to pay the warrant out of funds in the State Treasury. 96 (2) This award is intended to provide the sole compensation 97 for all present and future claims arising out of the factual 98 situation described in this act which resulted in unlawful or 99 unconstitutional acts committed against Brian Pitts in 100 connection with allegations of the unlicensed or unauthorized 101 practice of law. The total amount paid for attorney’s fees, 102 lobbying fees, costs, and other similar expenses relating to 103 this claim may not exceed 25 percent of the amount awarded under 104 this act. 105 Section 4. In accordance with the Florida Supreme Court 106 final order in case number SC 02-247, authorizing Brian Pitts to 107 practice law in this state, the Legislature authorizes Brian 108 Pitts to practice law in this state under the following 109 designations, titles, rules, decisions, or acts in the capacity 110 as a lay counselor or lay representative: 111 (1) Chapter 120, Florida Statutes, concerning a qualified 112 representative. 113 (2) Chapter 44, Florida Statutes, concerning a designated 114 representative. 115 (3) Section 709.08, Florida Statutes, concerning an 116 attorney in fact. 117 (4) Decisions or rules of the Florida Supreme Court 118 concerning representation by a realty property manager. 119 (5) Decisions or rules of the Florida Supreme Court 120 concerning a nonlawyer using approved forms. 121 (6) Decisions or rules of the Florida Supreme Court 122 concerning representation in county or small claims civil 123 proceedings. 124 (7) Rule 5-15, Rules Relating to Admission to the Florida 125 Bar. 126 (8) Judicial discretion under the inherent authority 127 doctrine. 128 (9) Federal law, or any other clearly expressed rule, 129 statute, or court or administrative decision or order under 130 other federal or state law and authority. 131 Section 5. Any appearance or public testimony given by 132 Brian Pitts on bills or matters before the Legislature, wherever 133 held or convened throughout this state, does not constitute the 134 practice of law. In all circumstances, Brian Pitts retains the 135 right where having valid standing supported by law or, if he is 136 the subject of civil or criminal proceeding, to represent 137 himself without a lawyer. 138 Section 6. This act shall take effect upon becoming a law.
