| 1 | A bill to be entitled |
| 2 | An act relating to attorney practices; amending s. 877.02, |
| 3 | F.S.; prohibiting the solicitation of legal business for a |
| 4 | profit; providing criminal penalties; prohibiting |
| 5 | attorneys from advertising services for business for a |
| 6 | profit unless permitted by law; providing a definition for |
| 7 | the term ?solicit?; prohibiting attorneys from initiating |
| 8 | contact for the purpose of soliciting legal business for a |
| 9 | profit; providing criminal penalties; providing |
| 10 | construction; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 877.02, Florida Statutes, is amended to |
| 15 | read: |
| 16 | 877.02 Solicitation of profitable legal services or |
| 17 | retainers therefor; penalty.-- |
| 18 | (1) The Legislature, after careful study, has determined |
| 19 | that legal advertising that solicits business, or incites a |
| 20 | person to file a suit, destroys the personal responsibility of |
| 21 | the public, fosters frivolous litigation, and demeans the |
| 22 | practice of law. This form of solicitation creates a crisis in |
| 23 | this state?s judicial system, fostering a compelling state |
| 24 | interest in the limited regulation of advertising as set forth |
| 25 | in this section. |
| 26 | (2)(1) It shall be unlawful for any person or her or his |
| 27 | agent, employee, or any person acting on her or his behalf, to |
| 28 | solicit or procure through solicitation either directly or |
| 29 | indirectly legal business, or to solicit or procure through |
| 30 | solicitation a retainer, written or oral, or any agreement |
| 31 | authorizing an attorney to perform or render legal service for a |
| 32 | profit, or to make it a business to solicit or procure such |
| 33 | business, retainers, or agreements; or to advertise, using any |
| 34 | form of electronic or other media, in a manner that solicits |
| 35 | legal business for a profit; provided, however, that nothing |
| 36 | herein shall prohibit or be applicable to banks, trust |
| 37 | companies, lawyer reference services, legal aid associations, |
| 38 | lay collection agencies, railroad companies, insurance companies |
| 39 | and agencies, and real estate companies and agencies, in the |
| 40 | conduct of their lawful businesses, and in connection therewith |
| 41 | and incidental thereto, forwarding legal matters to attorneys at |
| 42 | law when such forwarding is authorized by the customers or |
| 43 | clients of said businesses and is done pursuant to the canons of |
| 44 | legal ethics as pronounced by the Supreme Court of Florida. |
| 45 | (3)(2) It shall be unlawful for any person in the employ |
| 46 | of or in any capacity attached to any hospital, sanitarium, |
| 47 | police department, wrecker service or garage, prison, or court, |
| 48 | or for a person authorized to furnish bail bonds, investigators, |
| 49 | photographers, or insurance or public adjusters, to communicate |
| 50 | directly or indirectly with any attorney or person acting on |
| 51 | said attorney's behalf for the purpose of aiding, assisting, or |
| 52 | abetting such attorney in the solicitation of legal business or |
| 53 | the procurement through solicitation of a retainer, written or |
| 54 | oral, or any agreement authorizing the attorney to perform or |
| 55 | render legal services for a profit. |
| 56 | (4) The term ?solicit? shall mean to entreat, request, or |
| 57 | incite another to use the services of an attorney or a law firm. |
| 58 | In any advertisement subject to this section, the term ?solicit? |
| 59 | shall not mean, include, or prohibit a statement in such |
| 60 | advertisement of: |
| 61 | (a) The name of an attorney or a law firm; |
| 62 | (b) The type of practice of such attorney or law firm; |
| 63 | (c) The right of an injured or aggrieved person to seek |
| 64 | redress if such person?s rights have been violated; or |
| 65 | (d) A public service type announcement, so long as it does |
| 66 | not entreat, request, or incite another to use the services of |
| 67 | an attorney or law firm. |
| 68 | (5) Except as permitted in this section, all forms of |
| 69 | electronic or other media advertising by an attorney or law firm |
| 70 | are prohibited. |
| 71 | (6)(3) Any person violating any provision of this section |
| 72 | commits shall be guilty of a misdemeanor of the first degree, |
| 73 | punishable as provided in s. 775.082 or s. 775.083. |
| 74 | (7)(4) This section shall be taken to be cumulative and |
| 75 | shall not be construed to amend or repeal any other valid law, |
| 76 | code, ordinance, rule, or penalty now in effect. To the extent |
| 77 | that this section is inconsistent with any such law, code, |
| 78 | ordinance, rule, or penalty, the more restrictive provision |
| 79 | shall apply. |
| 80 | Section 2. This act shall take effect upon becoming a law. |