Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1496
       
       
       
       
       
       
                                Ì877792UÎ877792                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2014           .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 454.23, Florida Statutes, is amended to
    6  read:
    7         454.23 Unlicensed practice of law; prohibition; penalties;
    8  exceptions.—
    9         (1) A Any person not licensed or otherwise authorized to
   10  practice law in this state who practices law in this state or
   11  holds himself or herself out to the public as qualified to
   12  practice law in this state, or who willfully pretends to be, or
   13  willfully takes or uses any name, title, addition, or
   14  description implying that he or she is qualified, or recognized
   15  by law as qualified, to practice law in this state, commits a
   16  felony of the third degree, punishable as provided in s.
   17  775.082, s. 775.083, or s. 775.084.
   18         (2) A person not licensed or otherwise authorized to
   19  practice law in this state who practices law in this state
   20  commits a felony of the third degree, punishable as provided in
   21  s. 775.082, s. 775.083, or s. 775.084. However, a person
   22  engaging in any of the following activities is exempt from
   23  prosecution under this subsection:
   24         (a) Pro se representation of one’s self in one’s individual
   25  capacity and not in any representative capacity for any other
   26  person, business entity, or trust;
   27         (b) Serving as a mediator or arbitrator;
   28         (c) Providing services under the supervision of an attorney
   29  in compliance with The Florida Bar’s Rules of Professional
   30  Conduct;
   31         (d) Providing services authorized by court rule;
   32         (e) Acting within the lawful scope of practice of a
   33  business or profession licensed by the state;
   34         (f) The giving of a legal notice in the form and manner
   35  required by law; however, this paragraph does not apply to
   36  notice required as part of a court proceeding or as required by
   37  court rule; or
   38         (g) Representation before a legislative body, committee,
   39  commission, or board.
   40         Section 2. This act shall take effect July 1, 2014.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Delete everything before the enacting clause
   45  and insert:
   46                        A bill to be entitled                      
   47         An act relating to the unlicensed practice of law;
   48         amending s. 454.23, F.S.; exempting persons engaging
   49         in certain activities from criminal prosecution for
   50         the unlicensed practice of law; providing an effective
   51         date.