HB 1915

1	A bill to be entitled
2	An act relating to the unauthorized practice of law;
3	amending ss. 454.23, 454.31, and 454.32, F.S.; increasing
4	the criminal penalties for offenses related to the
5	unauthorized practice of law; specifying that such
6	offenses are punishable as felonies of the third degree;
7	clarifying the elements of such offenses; providing an
8	effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 454.23, Florida Statutes, is amended to
13	read:
14	454.23  Penalties.--Any person not licensed or otherwise
15	authorized to practice law in this state by the Supreme Court of
16	Florida who practices shall practice law in this state or assume
17	or holds hold himself or herself out to the public as qualified
18	to practice law in this state, or who willfully pretends to be,
19	or willfully takes or uses any name, title, addition, or
20	description implying that he or she is qualified, or recognized
21	by law as qualified, to practice law act as a lawyer in this
22	state, commits and any person entitled to practice who shall
23	violate any provisions of this chapter, shall be guilty of a
24	felony misdemeanor of the third first degree, punishable as
25	provided in s. 775.082, or s. 775.083, or s. 775.084.
26	Section 2.  Section 454.31, Florida Statutes, is amended to
27	read:
28	454.31  Practice while disbarred or suspended
29	prohibited.--Any person who has knowingly been disbarred and who
30	Any person who has knowingly been disbarred and who has not been
31	lawfully reinstated or is knowingly under suspension from the
32	practice of law by any circuit court of the state or by the
33	Supreme Court of the state who practices shall either directly
34	or indirectly practice law in this state any manner or holds
35	hold himself or herself out as an attorney at law or qualified
36	to practice law in this state commits shall be guilty of a
37	felony misdemeanor of the third first degree, punishable as
38	provided in s. 775.082, or s. 775.083, or s. 775.084.
39	Section 3.  Section 454.32, Florida Statutes, is amended to
40	read:
41	454.32  Aiding or assisting disbarred or suspended attorney
42	prohibited.--Any person attorney at law licensed to practice law
43	in this the courts of the state who knowingly either directly or
44	indirectly aids or assists any person in carrying on the
45	unauthorized practice of law, knowing that such person either
46	directly or indirectly in any manner whatsoever who has been
47	disbarred and has not been lawfully reinstated or is under the
48	suspension from the practice of law by any circuit court of the
49	state or by the Supreme Court of the state, commits, as provided
50	in s. 454.31, from the practice of law, shall be guilty of a
51	felony misdemeanor of the third second degree, punishable as
52	provided in s. 775.082, or s. 775.083, or s. 775.084, and shall
53	also be subject to disbarment.
54	Section 4.  This act shall take effect October 1, 2004.

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