Bill Text: FL S1496 | 2014 | Regular Session | Introduced

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Bill Title: Unlicensed Practice of Law

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-05-02 - Died in Judiciary [S1496 Detail]

Download: Florida-2014-S1496-Introduced.html

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       Florida Senate - 2014                                    SB 1496
       
       
        
       By Senator Evers
       
       
       
       
       
       2-01145A-14                                           20141496__
    1                        A bill to be entitled                      
    2         An act relating to the unlicensed practice of law;
    3         amending s. 454.23, F.S.; creating exceptions to the
    4         prohibition of unlicensed practice of law; providing
    5         an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Section 454.23, Florida Statutes, is amended to
   10  read:
   11         454.23 Unlicensed practice of law; prohibition; penalties;
   12  exceptions.—
   13         (1) A Any person not licensed or otherwise authorized to
   14  practice law in this state who practices law in this state or
   15  holds himself or herself out to the public as qualified to
   16  practice law in this state, or who willfully pretends to be, or
   17  willfully takes or uses any name, title, addition, or
   18  description implying that he or she is qualified, or recognized
   19  by law as qualified, to practice law in this state, commits a
   20  felony of the third degree, punishable as provided in s.
   21  775.082, s. 775.083, or s. 775.084.
   22         (2) Notwithstanding subsection (1), the following
   23  activities are not prohibited by this section:
   24         (a) Pro se representation by an individual;
   25         (b) Serving as a mediator or arbitrator;
   26         (c) Providing services under the supervision of an attorney
   27  in compliance with the Rules of Professional Conduct;
   28         (d) Providing services authorized by court rule;
   29         (e) Acting within the lawful scope of practice of a
   30  business or profession regulated by the state;
   31         (f) Giving legal notice in the form and manner required by
   32  law; or
   33         (g) Representation of another person before a legislative
   34  body, committee, commission, or board.
   35         Section 2. This act shall take effect July 1, 2014.