House Bill hb1767
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Florida House of Representatives - 2001 HB 1767
By Representative Melvin
1 A bill to be entitled
2 An act relating to attorneys at law; repealing
3 s. 454.021, F.S., relating to the admission of
4 attorneys to practice law; creating s. 454.024,
5 F.S.; creating the Board of Law Practice within
6 the Department of Business and Professional
7 Regulation; creating s. 454.025, F.S.;
8 providing powers and duties of the board;
9 providing for rules; amending ss. 20.165,
10 454.026, 454.23, and 454.31, F.S., to conform;
11 providing for adoption of some and repeal of
12 other current rules relating to regulation of
13 the practice of law; providing for transfer of
14 files, records, property, and assets, including
15 liabilities attaching thereto, of The Florida
16 Bar and the Florida Board of Bar Examiners to
17 the Board of Law Practice and the Florida
18 Supreme Court; providing for establishment of
19 The Florida Bar as a private, not-for-profit
20 corporation chartered by the Legislature;
21 providing for abolishment of the Florida Board
22 of Bar Examiners; providing a contingent
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 454.021, Florida Statutes, is
28 repealed.
29 Section 2. Section 454.024, Florida Statutes, is
30 created to read:
31 454.024 Board of Law Practice.--
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Florida House of Representatives - 2001 HB 1767
556-227-01
1 (1) There is created within the Department of Business
2 and Professional Regulation a Board of Law Practice, composed
3 of 15 members appointed by the Governor and confirmed by the
4 Senate.
5 (2) Twelve members of the board must be licensed
6 attorneys who are residents of the state and who have been
7 licensed attorneys engaged in the practice of law for at least
8 4 years. The remaining three members must be residents of the
9 state who have never been licensed as attorneys and who are in
10 no way connected with the practice of law. At least one
11 member of the board must be 60 years of age or older.
12 (3) Initially, three members shall be appointed for
13 terms of 1 year, four members shall be appointed for terms of
14 2 years, four members shall be appointed for terms of 3 years,
15 and four members shall be appointed for terms of 4 years. As
16 the terms of members expire, the Governor shall appoint
17 successors for terms of 4 years, and such members shall serve
18 until their successors are appointed.
19 (4) All provisions of chapter 455 relating to the
20 board shall apply.
21 Section 3. Section 454.025, Florida Statutes, is
22 created to read:
23 454.025 Powers and duties of the board; rules.--
24 (1) The Board of Law Practice may adopt and enforce
25 rules relating to standards of competence and integrity for
26 admission to practice law in this state and to admit lawyers
27 to the practice of law in all courts of the state. However,
28 the board's authority under this subsection does not preclude
29 the common law power of any court to admit attorneys pro hac
30 vice.
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Florida House of Representatives - 2001 HB 1767
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1 (2) The board may adopt and enforce disciplinary rules
2 relating to standards of competence and integrity and pursuant
3 thereto may discipline lawyers for unethical, dishonest, or
4 incompetent practice. Such discipline may include suspension
5 or disbarment. However, the board's authority under this
6 subsection does not alter the common law power of any court of
7 the state to control the proceedings in the court, excluding
8 the power to disbar or to suspend. In addition, this
9 subsection does not prevent the profession, in its private
10 capacity, from adopting additional standards of ethical and
11 professional behavior and imposing them privately without the
12 force of law.
13 (3) The board may adopt such rules not inconsistent
14 with law as may be necessary to carry out the duties expressly
15 conferred upon it by this section.
16 Section 4. Paragraph (a) of subsection (4) of section
17 20.165, Florida Statutes, is amended to read:
18 20.165 Department of Business and Professional
19 Regulation.--There is created a Department of Business and
20 Professional Regulation.
21 (4)(a) The following boards are established within the
22 Division of Professions:
23 1. Board of Architecture and Interior Design, created
24 under part I of chapter 481.
25 2. Florida Board of Auctioneers, created under part VI
26 of chapter 468.
27 3. Barbers' Board, created under chapter 476.
28 4. Florida Building Code Administrators and Inspectors
29 Board, created under part XII of chapter 468.
30 5. Construction Industry Licensing Board, created
31 under part I of chapter 489.
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Florida House of Representatives - 2001 HB 1767
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1 6. Board of Cosmetology, created under chapter 477.
2 7. Electrical Contractors' Licensing Board, created
3 under part II of chapter 489.
4 8. Board of Employee Leasing Companies, created under
5 part XI of chapter 468.
6 9. Board of Funeral Directors and Embalmers, created
7 under chapter 470.
8 10. Board of Landscape Architecture, created under
9 part II of chapter 481.
10 11. Board of Law Practice, created under chapter 454.
11 12.11. Board of Pilot Commissioners, created under
12 chapter 310.
13 13.12. Board of Professional Engineers, created under
14 chapter 471.
15 14.13. Board of Professional Geologists, created under
16 chapter 492.
17 15.14. Board of Professional Surveyors and Mappers,
18 created under chapter 472.
19 16.15. Board of Veterinary Medicine, created under
20 chapter 474.
21 Section 5. Section 454.026, Florida Statutes, is
22 amended to read:
23 454.026 Authority of Department of Law Enforcement to
24 accept fingerprints of, and exchange criminal history records
25 with respect to, bar applicants.--The Department of Law
26 Enforcement is authorized to accept fingerprints of applicants
27 for admission to The Florida Bar and, to the extent provided
28 for by federal law, to exchange state, multistate, and federal
29 criminal history records with the Florida Board of Law
30 Practice Bar Examiners for licensing purposes.
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Florida House of Representatives - 2001 HB 1767
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1 Section 6. Section 454.23, Florida Statutes, is
2 amended to read:
3 454.23 Penalties.--Any person not licensed or
4 otherwise authorized by the Board of Law Practice Supreme
5 Court of Florida who shall practice law or assume or hold
6 himself or herself out to the public as qualified to practice
7 in this state, or who willfully pretends to be, or willfully
8 takes or uses any name, title, addition, or description
9 implying that he or she is qualified, or recognized by law as
10 qualified, to act as a lawyer in this state, and any person
11 entitled to practice who shall violate any provisions of this
12 chapter, commits shall be guilty of a misdemeanor of the first
13 degree, punishable as provided in s. 775.082 or s. 775.083.
14 Section 7. Section 454.31, Florida Statutes, is
15 amended to read:
16 454.31 Practice while disbarred or suspended
17 prohibited.--Any person who has been disbarred and who has not
18 been lawfully reinstated or is under suspension from the
19 practice of law by the Board of Law Practice any circuit court
20 of the state or by the Supreme Court of the state who shall
21 either directly or indirectly practice law in any manner or
22 hold himself or herself out as an attorney at law or qualified
23 to practice law commits shall be guilty of a misdemeanor of
24 the first degree, punishable as provided in s. 775.082 or s.
25 775.083.
26 Section 8. (1)(a) The following rules regulating The
27 Florida Bar, as they exist on the effective date of this act,
28 shall become rules of the Board of Law Practice:
29 1. Chapter 4, Rules of Professional Conduct, as
30 adopted in The Florida Bar Re: Rules Regulating The Florida
31 Bar, 494 So.2d 977 (Fla. 1986), on January 1, 1987.
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Florida House of Representatives - 2001 HB 1767
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1 2. Rule 5-1.1(a)-(e), Rules Regulating The Florida
2 Bar.
3 3. Rule 5-1.2, Rules Regulating The Florida Bar.
4 4. Chapter 7, Rules Regulating The Florida Bar.
5 (b) All other rules regulating The Florida Bar are
6 abolished.
7 (2) All rules of the Florida Board of Bar Examiners
8 relating to admission to the practice of law shall become
9 rules of the Board of Law Practice.
10 (3) All rules adopted by the Board of Law Practice
11 pursuant to subsections (1) and (2) are repealed on the second
12 anniversary of the effective date of this act unless they have
13 been approved by subsequent rule of such board.
14 Section 9. (1)(a) All files, records, property, and
15 assets of The Florida Bar, including all liabilities attaching
16 thereto, which relate to admission, licensure, and discipline
17 of lawyers shall be transferred to the Board of Law Practice
18 in a timely manner, but not later than the first anniversary
19 of the effective date of this act.
20 (b) All files, records, property, and assets of The
21 Florida Bar, including all liabilities attaching thereto,
22 which properly belong to the judicial branch of government
23 shall be transferred to the Florida Supreme Court in a timely
24 manner, but not later than the first anniversary of the
25 effective date of this act.
26 (2) All files, records, property, and assets of the
27 Florida Board of Bar Examiners, including all liabilities
28 attaching thereto, shall be transferred to the Board of Law
29 Practice in a timely manner, but not later than the first
30 anniversary of the effective date of this act.
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Florida House of Representatives - 2001 HB 1767
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1 (3)(a) The Florida Bar shall become a private,
2 voluntary, not-for-profit corporation chartered by the
3 Legislature and shall have right or title to all files,
4 records, property, and assets of The Florida Bar, including
5 all liabilities attaching thereto, which are not transferred
6 to the Board of Law Practice or to the Florida Supreme Court
7 under subsection (1).
8 (b) The Florida Board of Bar Examiners shall be
9 abolished after the transfers required in subsection (2) are
10 completed, but not later than the first anniversary of the
11 effective date of this act.
12 Section 10. This act shall take effect on the
13 effective date of an amendment to the State Constitution
14 approved by the electors at the general election to be held in
15 November 2002 which authorizes, or removes impediment to,
16 enactment by the Legislature of the provisions of this act.
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19 HOUSE SUMMARY
20
Creates the Board of Law Practice within the Department
21 of Business and Professional Regulation for the purpose
of regulating the admission of persons to the practice of
22 law and the disciplining of persons so admitted.
Provides rulemaking authority, including providing for
23 the adoption of some and the repeal of other current
rules relating to regulation of the practice of law.
24 Provides for transfer of files, records, property, and
assets, including liabilities attaching thereto, of The
25 Florida Bar and the Florida Board of Bar Examiners to the
Board of Law Practice and the Florida Supreme Court.
26 Provides for establishment of The Florida Bar as a
private, not-for-profit corporation chartered by the
27 Legislature, and provides for abolishment of the Florida
Board of Bar Examiners.
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