Senate Bill sb0172c1

    Florida Senate - 2003                            CS for SB 172

    By the Committee on Judiciary; and Senator Geller





    308-2377-03

  1                      A bill to be entitled

  2         An act relating to restrictions on the practice

  3         of law; amending s. 454.23, F.S.; increasing

  4         the penalty for committing unlicensed practice

  5         of law to a third-degree felony; amending s.

  6         454.18, F.S.; deleting provisions prohibiting a

  7         sheriff from practicing law in this state;

  8         providing an effective date.

  9  

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

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12         Section 1.  Section 454.23, Florida Statutes, is

13  amended to read:

14         454.23  Penalties.--Any person not licensed or

15  otherwise authorized by the Supreme Court of Florida who shall

16  practice law or assume or hold himself or herself out to the

17  public as qualified to practice in this state, or who

18  willfully pretends to be, or willfully takes or uses any name,

19  title, addition, or description implying that he or she is

20  qualified, or recognized by law as qualified, to act as a

21  lawyer in this state, and any person entitled to practice who

22  shall violate any provisions of this chapter, commits shall be

23  guilty of a felony of the third misdemeanor of the first

24  degree, punishable as provided in s. 775.082, or s. 775.083,

25  or s. 775.084.

26         Section 2.  Section 454.18, Florida Statutes, is

27  amended to read:

28         454.18  Officers not allowed to practice.--A No sheriff

29  or clerk of any court, or deputy clerk of the court thereof,

30  may not shall practice in this state, and nor shall any person

31  who is not of good moral character, or who has been convicted

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                            CS for SB 172
    308-2377-03




 1  of an infamous crime is not be entitled to practice. A But no

 2  person may not shall be denied the right to practice on

 3  account of gender sex, race, or color.  And any person,

 4  whether an attorney or not, or whether within the exceptions

 5  mentioned above or not, may conduct his or her own cause in

 6  any court of this state, or before any public board,

 7  committee, or officer, subject to the lawful rules and

 8  discipline of such court, board, committee, or officer.  The

 9  provisions of this section restricting the practice of law by

10  a sheriff or clerk, or deputy clerk of the court thereof, do

11  shall not apply in a case where such person is representing

12  the office or agency in the course of duties as an attorney.

13         Section 3.  This act shall take effect July 1, 2003.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                        Senate Bill SB/172

17                                 

18  -Removes provisions from the law which prohibit a sheriff or
    deputy sheriff from practicing law as an attorney in this
19  state.

20  -Increases the penalty for the unlicensed practice of law to a
    third degree felony.
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CODING: Words stricken are deletions; words underlined are additions.