| 1 | Representatives Quinones, Zapata, and Kottkamp offered the |
| 2 | following: |
| 3 |
|
| 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. |
| 49 |
|
| 50 |
|
| 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. |