Senate Bill sb0192

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    Florida Senate - 2005                                   SB 192

    By Senator Campbell





    32-226-05

  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.

15  

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

17  

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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    Florida Senate - 2005                                   SB 192
    32-226-05




 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.

31  

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    Florida Senate - 2005                                   SB 192
    32-226-05




 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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    Florida Senate - 2005                                   SB 192
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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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