Senate Bill sb0192
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Florida Senate - 2005 SB 192
By Senator Campbell
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1 A bill to be entitled
2 An act relating to attorney practices; amending
3 s. 877.02, F.S.; providing legislative
4 findings; prohibiting the solicitation of legal
5 business for a profit; providing certain
6 exceptions; prohibiting aiding, assisting, or
7 abetting in soliciting legal business for a
8 profit; providing criminal penalties;
9 prohibiting attorneys from advertising services
10 for business for a profit unless permitted by
11 law; defining the term "solicit"; providing
12 civil penalties; providing for equitable
13 relief; providing for construction of the act;
14 providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Section 877.02, Florida Statutes, is
19 amended to read:
20 877.02 Solicitation of for-profit legal services or
21 retainers for legal services therefor; penalty.--
22 (1) The Legislature finds that legal advertising that
23 solicits business by urging a person to file a suit destroys
24 the personal responsibility of individuals, fosters frivolous
25 litigation, and demeans the judiciary and the practice of law.
26 This form of solicitation has created a crisis in this state's
27 judicial system, thus creating a compelling state interest in
28 the state's limited regulation of advertising as set forth in
29 this section.
30 (2)(1) A It shall be unlawful for any person or her or
31 his agent or, employee, or any person acting on her or his
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1 behalf, may not to solicit or procure through solicitation,
2 either directly or indirectly, legal business for a profit,
3 may not or to solicit or procure through solicitation a
4 retainer, written or oral, or any agreement authorizing an
5 attorney to perform or render legal service for a profit, and
6 may not or to make it a business to solicit or procure such
7 business, retainers or agreements.; provided, However, this
8 section does not that nothing herein shall prohibit or be
9 applicable to banks, trust companies, lawyer reference
10 services, legal aid associations, lay collection agencies,
11 railroad companies, insurance companies and agencies, and real
12 estate companies and agencies, in the conduct of their lawful
13 businesses, and in connection therewith and incidental
14 thereto, from forwarding legal matters to attorneys at law if
15 when such forwarding is authorized by the customers or clients
16 of the said businesses and is done pursuant to the canons of
17 legal ethics as pronounced by the Supreme Court of Florida.
18 (3)(2) A It shall be unlawful for any person in the
19 employ of or in any capacity attached to any hospital,
20 sanitarium, police department, wrecker service, or garage,
21 prison, or court, or for a person authorized to furnish bail
22 bonds, investigators, photographers, insurance, or public
23 adjusters, may not to communicate, directly or indirectly,
24 with any attorney or person acting on the said attorney's
25 behalf for the purpose of aiding, assisting, or abetting such
26 attorney in soliciting the solicitation of legal business for
27 a profit, and may not procure or the procurement through the
28 solicitation of a retainer, written or oral, or any agreement
29 authorizing the attorney to perform or render legal services
30 for a profit.
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Florida Senate - 2005 SB 192
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1 (4) A person may not advertise, using any form of
2 electronic or other media, in a manner that solicits legal
3 business for a profit by urging a person to consider bringing
4 legal action against another.
5 (5) As used in this section, the term "solicit" means
6 to entreat, request, or incite another to use the services of
7 an attorney or a law firm. In any advertisement subject to
8 this section, the term "solicit" does not mean, include, or
9 prohibit a statement by the attorney in writing, an oral
10 statement by the attorney, or an appearance, picture, or voice
11 of the attorney stating in such advertisement only the
12 following information:
13 (a) The name of the attorney or law firm;
14 (b) The field of practice of such attorney or law
15 firm, including the prices charged, so long as expressly
16 permitted by Rule 4-7.2 of the rules regulating The Florida
17 Bar;
18 (c) The right of an injured or aggrieved person to
19 seek redress if such person's rights have been violated;
20 (d) A public service announcement, so long as it does
21 not entreat, request, or urge another to use the services of
22 an attorney or law firm for the purpose of bringing legal
23 action against another; or
24 (e) Those matters expressly permitted by Rule
25 4-7.2(c)(11) of the rules regulating The Florida Bar.
26 (6)(a)(3) Except for violations of subsection (4), any
27 person who violates violating any provision of this section
28 commits shall be guilty of a misdemeanor of the first degree,
29 punishable as provided in s. 775.082 or s. 775.083.
30 (b) A person who violates subsection (4) is liable for
31 a civil penalty of $1,000 for the first offense and a civil
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1 penalty of $10,000 for each subsequent offense. The Florida
2 Bar and the Attorney General may enforce such penalties and
3 seek an injunction against any person who violates subsection
4 (4) and, upon prevailing in such action, shall recover costs
5 and reasonable attorney's fees. For purposes of this
6 paragraph, an offense is a single advertisement published in a
7 single print publication or through a single electronic media
8 outlet, regardless of the number of times or in how many
9 issues it is republished in the same publication or through
10 the same media outlet.
11 (7)(4) This section is shall be taken to be cumulative
12 and does shall not be construed to amend or repeal any other
13 valid law, code, ordinance, rule, or penalty now in effect.
14 Section 2. This act shall take effect upon becoming a
15 law.
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18 SENATE SUMMARY
19 Prohibits the solicitation of legal business for a
profit. Prohibits attorneys from advertising services for
20 business for a profit unless permitted by law. Provides
civil and criminal penalties.
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