Senate Bill sb0422

    Florida Senate - 2004                                   SB 422

    By Senator Geller





    31-270-04

  1                      A bill to be entitled

  2         An act relating to restrictions on the practice

  3         of law; amending s. 454.23, F.S.; increasing

  4         the penalty for committing prohibited acts

  5         constituting the unlicensed practice of law to

  6         a third-degree felony; amending s. 454.18,

  7         F.S.; deleting provisions prohibiting a sheriff

  8         from practicing law in this state; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 454.23, Florida Statutes, is

14  amended to read:

15         454.23  Penalties.--Any person not licensed or

16  otherwise authorized by the Supreme Court of Florida who shall

17  practice law or assume or hold himself or herself out to the

18  public as qualified to practice in this state, or who

19  willfully pretends to be, or willfully takes or uses any name,

20  title, addition, or description implying that he or she is

21  qualified, or recognized by law as qualified, to act as a

22  lawyer in this state, and any person entitled to practice who

23  shall violate any provisions of this chapter, commits shall be

24  guilty of a felony of the third misdemeanor of the first

25  degree, punishable as provided in s. 775.082, or s. 775.083,

26  or s. 775.084.

27         Section 2.  Section 454.18, Florida Statutes, is

28  amended to read:

29         454.18  Officers not allowed to practice.--A No sheriff

30  or clerk of any court, or deputy clerk of the court thereof,

31  may not shall practice in this state, and nor shall any person

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    Florida Senate - 2004                                   SB 422
    31-270-04




 1  who is not of good moral character, or who has been convicted

 2  of an infamous crime is not be entitled to practice. A But no

 3  person may not shall be denied the right to practice on

 4  account of gender sex, race, or color.  And any person,

 5  whether an attorney or not, or whether within the exceptions

 6  mentioned above or not, may conduct his or her own cause in

 7  any court of this state, or before any public board,

 8  committee, or officer, subject to the lawful rules and

 9  discipline of such court, board, committee, or officer.  The

10  provisions of this section restricting the practice of law by

11  a sheriff or clerk, or deputy clerk of the court do thereof,

12  shall not apply in a case where such person is representing

13  the office or agency in the course of duties as an attorney.

14         Section 3.  This act shall take effect July 1, 2004.

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17                          SENATE SUMMARY

18    Increases the penalty for the unlicensed practice of law
      to a third-degree felony. Deletes provisions that
19    prohibit a sheriff from practicing law in this state.

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