HB 1889 2003
   
1 A bill to be entitled
2          An act relating to restrictions on the practice of law;
3    amending s. 454.23, F.S.; making the unauthorized practice
4    of law a felony and providing corresponding increases in
5    penalties; amending s. 454.18, F.S.; removing the
6    prohibition on sheriffs and deputy sheriffs practicing
7    law; revising terminology; providing an effective date.
8         
9          Be It Enacted by the Legislature of the State of Florida:
10         
11          Section 1. Section 454.23, Florida Statutes, is amended to
12    read:
13          454.23 Penalties.--Any person not licensed or otherwise
14    authorized by the Supreme Court of Florida who shall practice
15    law or assume or hold himself or herself out to the public as
16    qualified to practice in this state, or who willfully pretends
17    to be, or 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 act as a lawyer in this state, and any
20    person entitled to practice who shall violate any provisions of
21    this chapter, commitsshall be guilty of a felonymisdemeanorof
22    the thirdfirst degree, punishable as provided in s. 775.082,or
23    s. 775.083, or s. 775.084.
24          Section 2. Section 454.18, Florida Statutes, is amended to
25    read:
26          454.18 Officers not allowed to practice.--ANo sheriff or
27    clerk or deputy clerk of any court, or deputy thereof,may not
28    shall practice in this state, andnor shall any person who is
29    not of good moral character,or who has been convicted of an
30    infamous crime is notbe entitled to practice. ABut no person
31    may notshall be denied the right to practice on account of
32    gendersex, race, or color. AndAny person, whether an attorney
33    or not, or whether within the exceptions mentioned above or not,
34    may conduct his or her own cause in any court of this state, or
35    before any public board, committee, or officer, subject to the
36    lawful rules and discipline of such court, board, committee, or
37    officer. The provisions of this section restricting the practice
38    of law by a sheriff or clerk, or deputy clerk of the court
39    thereof,doshall not apply in a case in whichwheresuch person
40    is representing the office or agency in the course of duties as
41    an attorney.
42          Section 3. This act shall take effect upon becoming a law.