Senate Bill sb0906

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    Florida Senate - 2006                                   SB 906

    By Senator Argenziano





    3-368A-06

  1                      A bill to be entitled

  2         An act relating to paralegals; creating part II

  3         of ch. 454, F.S., relating to the regulation of

  4         paralegals; providing legislative intent;

  5         providing definitions; providing exceptions and

  6         exemptions; providing educational requirements

  7         for qualification as a paralegal; providing

  8         continuing education requirements; providing

  9         for a paralegal code of ethics and professional

10         responsibility; providing a temporary

11         exemption; providing for reciprocity; providing

12         penalties; establishing the Paralegal

13         Regulation Board; providing for the board's

14         powers, members, terms, vacancies, fiscal

15         accountability, and meetings; providing for

16         severability; amending ss. 57.104 and 744.108,

17         F.S.; conforming cross-references; providing

18         effective dates.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Effective October 1, 2006, chapter 454,

23  Florida Statutes, is designated part I of that chapter, and

24  part II, consisting of sections 454.37, 454.38, 454.39,

25  454.40, 454.41, 454.42, 454.43, 454.44, 454.45, 454.46, and

26  454.48, is created to read:

27         454.37  Part name.--This part may be cited as the

28  "Paralegal Profession Act."

29         454.38  Legislative intent.--The purpose of this part

30  is to:

31  

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 1         (1)  Protect the public from the unauthorized practice

 2  of law by any person who:

 3         (a)  Otherwise provides services outside the scope of

 4  existing laws and rules of administrative agencies.

 5         (b)  Holds himself or herself out as having advanced

 6  levels of legal education and training sufficient to perform

 7  substantive legal work by using the title "paralegal," or

 8  other similar title, as such title is defined in s. 454.39.

 9         (2)  Assist with the effective delivery of legal

10  services.

11         (3)  Maintain specific levels of ethics and competency.

12         (4)  Ensure that every person who holds himself or

13  herself out as a paralegal in this state meets certain

14  requirements.

15         454.39  Definitions.--As used in this part, the term:

16         (1)  "Board" means the Paralegal Regulation Board

17  created under s. 454.48.

18         (2)  "Paralegal" means:

19         (a)  A person who is qualified under this part; who is

20  employed or retained by a licensed attorney, law office,

21  governmental agency, or other entity; and who performs

22  substantive legal work for which a licensed attorney is

23  responsible and which, absent the paralegal, the licensed

24  attorney would perform; or

25         (b)  A person who is qualified under this part and is

26  authorized by local, state, or federal statute, rules of

27  court, or administrative rules to perform substantive legal

28  work without the supervision of a licensed attorney.

29         (3)  "Qualified paralegal studies program" means a

30  program as defined by the educational requirements set forth

31  in s. 454.41.

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 1         454.40  Exceptions and exemptions.--A disbarred

 2  attorney does not qualify under this part and may not use the

 3  title "paralegal." A person may not hold himself or herself

 4  out as a paralegal in this state unless that person is

 5  regulated under this part or has been determined to be exempt

 6  by the board. A person who is an active member of a branch of

 7  the United States military and is classified as a "paralegal"

 8  is exempt from this part. An individual who is a civilian

 9  employee of a branch of the United States military and is

10  classified as a "paralegal" is exempt from this part during

11  the term of such employment in that capacity by a branch of

12  the United States military.

13         454.41  Educational requirements.--A paralegal

14  regulated under this part must have completed postsecondary

15  education and training that includes at least one of the

16  following:

17         (1)  Successful completion of:

18         (a)  The Certified Legal Assistant/Certified Paralegal

19  (CLA/CP) certification examination administered by the

20  National Association of Legal Assistants;

21         (b)  The Registered Paralegal certification examination

22  offered by the National Federation of Paralegal Associations;

23  or

24         (c)  Such other certification examination as may be

25  recognized by the board as establishing a similar or greater

26  level of competency as a paralegal.

27         (2)  Graduation from one of the following kinds of

28  educational programs:

29         (a)  A program of study for paralegals which was

30  approved by the American Bar Association at the time the

31  applicant graduated.

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 1         (b)  A program of study for paralegals which is

 2  institutionally accredited by an accrediting agency approved

 3  by the United States Department of Education, but not approved

 4  by the American Bar Association, and which requires not less

 5  than the equivalent of 60 semester hours of classroom study,

 6  including the equivalent of not less than 24 semester hours of

 7  courses in paralegal studies.

 8         (c)  A baccalaureate degree in any field from an

 9  educational institution that is institutionally accredited by

10  an accrediting agency approved by the United States Department

11  of Education, in addition to not less than 2 years of

12  full-time in-house training or the equivalent amount of time

13  as a paralegal intern under the supervision of an attorney who

14  has been a member in good standing of the state bar of the

15  state in which the attorney practices for a minimum of 5

16  consecutive years.

17         454.42  Continuing education.--A paralegal regulated

18  under this part shall complete continuing legal education. The

19  board shall establish the required number of hours and

20  approved course content, which may not be less than 20 hours

21  every 2 years, 2 hours of which must be in the area of ethics.

22  Courses approved for credit by The Florida Bar, the National

23  Association of Legal Assistants, or the National Federation of

24  Paralegal Associations shall be deemed acceptable for purposes

25  of this section.

26         454.43  Ethics.--A paralegal regulated under this part

27  shall comply with the Florida Paralegal Code of Ethics and

28  Professional Responsibility as adopted by the board.

29         454.44  Grandfathering.--

30  

31  

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 1         (1)  In addition to a paralegal who meets the

 2  requirements of s. 454.41, a person is qualified under this

 3  part if he or she meets the following cumulative criteria:

 4         (a)  Has a high school diploma or high school

 5  equivalency diploma at the time of application.

 6         (b)  Has been engaged in work as a paralegal for not

 7  less than 9,395 hours at any time during the 5 years

 8  immediately preceding the time of application and meets the

 9  supervisory requirements of s. 454.39(2).

10         (c)  Has completed at least 2 hours of continuing

11  education courses approved pursuant to s. 454.42 in the area

12  of legal ethics and professional responsibility during the 12

13  months immediately preceding the time of application.

14         (d)  Makes application for regulation under this

15  section before October 1, 2008.

16         (2)  A paralegal shall provide documentation of the

17  work experience required in paragraph (1)(b) by an affidavit

18  under oath of an attorney under whose supervision the work was

19  performed in a law office, a governmental agency, or other

20  entity. The form and content of the certification shall be

21  prescribed by the board.

22         454.45  Reciprocity.--Other individuals may qualify

23  under this part by rules of reciprocity as established by the

24  board.

25         454.46  Penalties.--Any individual who violates s.

26  454.40 commits a felony of the third degree, punishable as

27  provided in s. 775.082 or s. 775.083.

28         454.48  Paralegal Regulation Board; powers; members;

29  terms; vacancies; fiscal accountability; meetings.--

30         (1)  The board shall administer the regulation of

31  paralegals under this part and may, without limitation:

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 1         (a)  Approve, deny, suspend, revoke, or reinstate the

 2  status of paralegals registered under this part.

 3         (b)  Review, evaluate, and approve educational

 4  requirements and continuing education programs to ensure

 5  compliance with the standards set forth in this part.

 6         (c)  Adopt rules, bylaws, and procedures not

 7  inconsistent with law as necessary to carry out the duties and

 8  authority conferred upon the board by this section.

 9         (d)  Establish fees for registration as a paralegal,

10  which may not exceed the cost of ensuring the continued

11  operation of the board and funding the proportionate expenses

12  incurred by the board in carrying out its regulatory and other

13  related responsibilities under this section.

14         (2)  The board shall consist of at least 15 members who

15  are residents of this state and who are appointed and elected

16  as follows:

17         (a)  Ten members shall be persons who are regulated

18  under this part and represent each federal district within the

19  state. The initial members shall be appointed by the Florida

20  Alliance of Paralegal Associations, Inc., and shall include

21  three members who are paralegals and who shall be appointed to

22  a 1-year term, three members who are paralegals and who shall

23  be appointed to a 2-year term, and four members who are

24  paralegals and who shall be appointed to a 3-year term.

25  Thereafter, vacancies on the board shall be filled by majority

26  vote of the persons regulated under this part for staggered

27  terms as determined by the board. An elected member of the

28  board may not serve more than two consecutive terms.

29         (b)  Three members shall be paralegal educators and

30  shall consist of one member from each federal district in this

31  state. The initial appointments shall be for a 1-year term and

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    Florida Senate - 2006                                   SB 906
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 1  shall be made from a list of paralegal educators in this state

 2  by a majority vote of the members of the board who are

 3  paralegals. Thereafter, each member of the board who is a

 4  paralegal educator shall be appointed to a 3-year term.

 5         (c)  Of the two remaining members, one shall be a

 6  member of the public and one shall be an attorney serving on

 7  The Florida Bar Standing Committee on Unlicensed Practice of

 8  Law. The initial appointments shall be for a 1-year term and

 9  shall be made by the standing committee chair. Thereafter,

10  each of these members of the board shall be appointed to a

11  3-year term.

12         (3)  Vacancies occurring by reason of death,

13  resignation, or removal shall be filled by appointment of the

14  board, and the member so appointed shall serve for the

15  remainder of the vacated term.

16         (4)  The board shall maintain its official headquarters

17  in Tallahassee.

18         (5)  The board shall meet at least once annually.

19         (6)  The board shall prepare an annual financial

20  statement that shall be made available to paralegals

21  registered under this part upon reasonable request and to such

22  other entities as required by law.

23         Section 2.  All initial members of the Paralegal

24  Regulation Board created under s. 454.48, Florida Statutes,

25  shall be appointed at least 60 days before the effective date

26  of this part. This section shall take effect upon this act

27  becoming a law.

28         Section 3.  If any provision of part II of chapter 454,

29  Florida Statutes, or the application thereof to any individual

30  or circumstance is for any reason held invalid, such

31  invalidity does not affect other provisions or applications of

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 1  the part which can be given effect without the invalid

 2  provision or application, and to this end the provisions of

 3  part II of chapter 454, Florida Statutes, are severable.

 4         Section 4.  Effective October 1, 2006, section 57.104,

 5  Florida Statutes, is amended to read:

 6         57.104  Computation of attorneys' fees.--In any action

 7  in which attorneys' fees are to be determined or awarded by

 8  the court, the court shall consider, among other things, time

 9  and labor of any paralegals, as defined by s. 454.39(2), legal

10  assistants who contributed nonclerical, meaningful legal

11  support to the matter involved and who are working under the

12  supervision of an attorney. For purposes of this section

13  "legal assistant" means a person, who under the supervision

14  and direction of a licensed attorney engages in legal

15  research, and case development or planning in relation to

16  modifications or initial proceedings, services, processes, or

17  applications; or who prepares or interprets legal documents or

18  selects, compiles, and uses technical information from

19  references such as digests, encyclopedias, or practice manuals

20  and analyzes and follows procedural problems that involve

21  independent decisions.

22         Section 5.  Effective October 1, 2006, subsection (4)

23  of section 744.108, Florida Statutes, is amended to read:

24         744.108  Guardian's and attorney's fees and expenses.--

25         (4)  Fees for legal services may include customary and

26  reasonable charges for work performed by paralegals, as

27  defined by s. 454.39(2), legal assistants employed by and

28  working under the direction of the attorney.

29         Section 6.  Except as otherwise expressly provided in

30  this act, this act shall take effect upon becoming a law.

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides for the regulation and registration of
      paralegals. Provides educational requirements for
 4    qualification as a paralegal. Requires continuing
      education. Provides a code of ethics. Provides penalties.
 5    Establishes the Paralegal Regulation Board. (See bill for
      details.)
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