Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 192
Barcode 144328
CHAMBER ACTION
Senate House
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11 The Committee on Judiciary (Campbell) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 454.37, Florida Statutes, is
19 created to read:
20 454.37 Attorney advertising.--
21 (1) Each advertisement for legal services which is
22 submitted by a member of The Florida Bar; by a legal plan,
23 organization, or association that is composed entirely of
24 members of The Florida Bar and located in this state; or by a
25 combination of such legal plans, organizations or associations
26 that are located in this state, for publication in this state
27 in print or electronic media must be accompanied by an
28 affidavit signed under oath by the lawyer whose services are
29 being advertised or, in the case of a legal plan,
30 organization, or association, or a combination thereof, a
31 member lawyer whose services are being advertised, and
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 192
Barcode 144328
1 affirming, under penalty of perjury, that he or she:
2 (a) Is a member in good standing of The Florida Bar;
3 (b) Is presently practicing law in this state;
4 (c) Has read and understands Rule 4-7.2 of the rules
5 governing The Florida Bar, which governs lawyer advertising;
6 (d) Represents that, if the advertising entity is a
7 legal plan, organization, or association, or a combination
8 thereof, that it is composed entirely of members of The
9 Florida Bar and is located in this state; and
10 (e) Acknowledges that he or she is the person
11 responsible for the advertisement and the appropriate person
12 for The Florida Bar to discipline if the submitted
13 advertisement is found to be in violation of the rules of The
14 Florida Bar governing lawyer advertising.
15 (2) For advertisements for legal services or for
16 lawyer referral services which are submitted for publication
17 in this state in print or electronic media and to which
18 subsection (1) does not apply:
19 (a) Each advertisement must comply with the rules that
20 govern advertising by members of The Florida Bar as set forth
21 in Rule 4-7.2 of the rules governing The Florida Bar and as
22 interpreted by The Florida Bar.
23 (b) Each advertisement submitted by a lawyer referral
24 service for publication must contain prominently within the
25 body of the advertisement the statement: "This advertisement
26 is by a lawyer referral service. Attorneys pay this service
27 for referrals of potential clients who respond to this
28 advertisement. This lawyer referral service is not licensed to
29 provide legal services in Florida." The provisions of this
30 paragraph do not apply to pro bono lawyer referral services.
31 (c) Each advertisement submitted for publication
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 192
Barcode 144328
1 pursuant to this subsection must be accompanied by the
2 following statement signed under oath: "The advertiser states
3 that although he, she, or it is not directly subject to the
4 rules governing The Florida Bar regarding advertising for
5 legal services, he, she, or it has read and, by submitting
6 this advertisement, agrees to comply with the rules governing
7 advertising by members of The Florida Bar as set forth in Rule
8 4-7.2 of the rules of The Florida Bar, and that the submitted
9 advertisement complies with the rules as interpreted by The
10 Florida Bar. The advertiser further acknowledges that a
11 knowing violation of those rules shall subject the advertiser
12 to a civil penalty of $1,000 for the first offense and a civil
13 penalty of $10,000 for each subsequent offense."
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15 A person who violates this subsection is liable for a civil
16 penalty of $1,000 for the first offense and a civil penalty of
17 $10,000 for each subsequent offense. The Florida Bar or the
18 Attorney General may, in a court of competent jurisdiction,
19 seek to enforce such penalties and seek an injunction against
20 any person who violates this subsection. For purposes of this
21 subsection, the term "offense" means a single advertisement
22 published in a single print publication or through a single
23 electronic media outlet, regardless of the number of times or
24 in how many issues it is republished in the same publication
25 or through the same media outlet.
26 (3) Within 30 days after acceptance for publication of
27 an advertisement to which this section applies, the publisher
28 shall send a copy of the advertisement and the affidavit
29 required pursuant to subsection (1) or the statement required
30 by paragraph (2)(c), as applicable, to The Florida Bar for
31 review. The entity submitting the advertisement for
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 192
Barcode 144328
1 publication shall provide to the publisher a copy of the
2 advertisement for this purpose. This subsection does not
3 preclude an advertiser from submitting an advertisement to The
4 Florida Bar for review before submitting it for publication.
5 (4) Notwithstanding any other provision of law to the
6 contrary, it is an unfair and deceptive trade practice for
7 purposes of s. 501.204(1) for legal services to be advertised
8 in this state in a false, deceptive, or misleading manner,
9 including, but not limited to, by the use of a name other than
10 the name of the law firm or lawyer that will be providing the
11 services, unless it is a qualified lawyer referral service,
12 except that a lawyer may advertise under a trade name that is
13 not otherwise false, misleading, or deceptive if the same name
14 appears on the lawyer's letterhead, business cards, office
15 sign, or fee contracts and appears with the lawyer's signature
16 on pleadings and other legal documents.
17 Section 2. This act shall take effect October 1, 2005.
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20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 Delete everything before the enacting clause
23
24 and insert:
25 A bill to be entitled
26 An act relating to advertising for legal
27 services; creating s. 454.37, F.S., relating to
28 advertising for legal services in print or
29 electronic media; requiring an affidavit
30 certifying certain information to accompany an
31 advertisement for legal services submitted by
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 192
Barcode 144328
1 an attorney licensed in this state or by a
2 legal plan, organization, or association
3 composed of lawyers licensed in this state and
4 located in this state; requiring other
5 advertisements for legal services to include
6 certain statements; requiring that such
7 advertisements be accompanied by a sworn
8 statement certifying that the advertisement
9 complies with the standards required for
10 advertisements placed by lawyers licensed in
11 this state; providing for civil penalties and
12 for enforcement; requiring publishers of
13 advertisements to send a copy of the
14 advertisement and accompanying document to The
15 Florida Bar; providing that false, deceptive,
16 or misleading advertising of legal services is
17 an unfair and deceptive trade practice;
18 providing an effective date.
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20 WHEREAS, the rule of law and the justice system play a
21 vital role in our democracy, and
22 WHEREAS, the lawyers that serve the justice system
23 therefore have both a special license and a special duty to
24 conduct themselves in a manner that fosters respect for the
25 rule of law and the justice system, and
26 WHEREAS, the Florida Supreme Court through The Florida
27 Bar is the rulemaker for lawyer advertising and has the sole
28 jurisdiction over discipline of members of The Florida Bar,
29 and
30 WHEREAS, The Florida Bar has adopted rules governing
31 advertising by members of The Florida Bar which are designed
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 192
Barcode 144328
1 to protect the public's confidence and trust in our judicial
2 system, and
3 WHEREAS, The Florida Bar's rules governing attorney
4 advertising are recognized as among the most strict in the
5 country, and
6 WHEREAS, The Florida Bar cannot regulate advertising by
7 corporations and lawyers from outside the state advertising
8 for legal services within the state, and
9 WHEREAS, many of these advertising non-Florida lawyers
10 and corporations are accustomed to lower advertising
11 standards, or no standards at all, when advertising outside
12 Florida, and
13 WHEREAS, as a result, there is a significant amount of
14 lawyer advertising in Florida by non-Florida lawyers and
15 corporations which falls below the standards set for members
16 of The Florida Bar and thereby holds the law and lawyers up to
17 ridicule and diminishes the public's trust, respect, and
18 confidence in the law, and
19 WHEREAS, the Legislature also has a duty to see that
20 the public is protected from false, deceptive, or dishonest
21 advertising, and
22 WHEREAS, the use of fictitious names in advertisements
23 for legal services often creates an unreasonable expectation
24 of results and contains an implied promise of performance;
25 fails to disclose to the public the lawyers that would provide
26 the services, and, therefore, prevents the public from making
27 an informed attorney selection decision; and fails to identify
28 the lawyer or firm involved for purposes of accountability to
29 The Florida Bar under its advertising regulatory authority or
30 identify the proper person to notify and serve with any
31 enforcement action under the Florida Rules of Civil Procedure,
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 192
Barcode 144328
1 and
2 WHEREAS, although The Florida Bar cannot address those
3 false, deceptive, and untrue advertisements for legal services
4 by non-Florida corporations and lawyers, the Legislature has
5 the ability to do so, NOW, THEREFORE,
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