1 | Representatives Quinones, Zapata, and Kottkamp offered the |
2 | following: |
3 |
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4 | Amendment (with title amendment) |
5 | Remove everything after the enacting clause and insert: |
6 | Section 1. Section 454.23, Florida Statutes, is amended to |
7 | read: |
8 | 454.23 Penalties.--Any person not licensed or otherwise |
9 | authorized to practice law in this state by the Supreme Court of |
10 | Florida who practices shall practice law in this state or holds |
11 | assume or hold himself or herself out to the public as qualified |
12 | to practice law in this state, or who willfully pretends to be, |
13 | or 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 act as a lawyer in this |
16 | state, commits and any person entitled to practice who shall |
17 | violate any provisions of this chapter, shall be guilty of a |
18 | felony misdemeanor of the third first degree, punishable as |
19 | provided in s. 775.082, or s. 775.083, or s. 775.084. |
20 | Section 2. Section 454.31, Florida Statutes, is amended to |
21 | read: |
22 | 454.31 Practice while disbarred or suspended |
23 | prohibited.--Any person who has been knowingly disbarred and who |
24 | Any person who has been knowingly disbarred and who has not been |
25 | lawfully reinstated or is knowingly under suspension from the |
26 | practice of law by any circuit court of the state or by the |
27 | Supreme Court of the state who practices shall either directly |
28 | or indirectly practice law in this state any manner or holds |
29 | hold himself or herself out as an attorney at law or qualified |
30 | to practice law in this state commits shall be guilty of a |
31 | felony misdemeanor of the third first degree, punishable as |
32 | provided in s. 775.082, or s. 775.083, or s. 775.084. |
33 | Section 3. Section 454.32, Florida Statutes, is amended to |
34 | read: |
35 | 454.32 Aiding or assisting disbarred or suspended attorney |
36 | prohibited.--A person Any attorney at law licensed to practice |
37 | in the courts of the state who knowingly either directly or |
38 | indirectly aids or assists any person in carrying on the |
39 | unauthorized practice of law, knowing that such person either |
40 | directly or indirectly in any manner whatsoever who has been |
41 | disbarred and has not been lawfully reinstated or is under the |
42 | suspension from the practice of law by any circuit court of the |
43 | state or by the Supreme Court of the state, commits, as provided |
44 | in s. 454.31, from the practice of law, shall be guilty of a |
45 | felony misdemeanor of the third second degree, punishable as |
46 | provided in s. 775.082, or s. 775.083, or s. 775.084, and shall |
47 | also be subject to disbarment. |
48 | Section 4. This act shall take effect October 1, 2004. |
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51 | ================= T I T L E A M E N D M E N T ================= |
52 | Remove the entire title and insert: |
53 | A bill to be entitled |
54 | An act relating to the unauthorized practice of law; amending |
55 | ss. 454.23, 454.31, and 454.32, F.S.; increasing the criminal |
56 | penalties for offenses related to the unauthorized practice of |
57 | law; specifying that such offenses are punishable as felonies of |
58 | the third degree; clarifying the elements of such offenses; |
59 | providing an effective date. |