| 1 | A bill to be entitled |
| 2 | An act relating to attorney practices; amending s. 877.02, |
| 3 | F.S.; providing legislative findings; prohibiting the |
| 4 | solicitation of legal business for a profit; providing |
| 5 | certain exceptions; prohibiting aiding, assisting, or |
| 6 | abetting in soliciting legal business for a profit; |
| 7 | providing criminal penalties; prohibiting solicitation of |
| 8 | legal business for a profit by urging a person to consider |
| 9 | bringing legal action against another; defining the term |
| 10 | "solicit"; providing civil penalties; providing for |
| 11 | equitable relief; providing for construction of the act; |
| 12 | providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 877.02, Florida Statutes, is amended to |
| 17 | read: |
| 18 | 877.02 Solicitation of for-profit legal services or |
| 19 | retainers for legal services therefor; penalty.-- |
| 20 | (1) The Legislature finds that legal advertising that |
| 21 | solicits business by urging a person to file a suit destroys the |
| 22 | personal responsibility of individuals, fosters frivolous |
| 23 | litigation, and demeans the judiciary and the practice of law. |
| 24 | This form of solicitation has created a crisis in this state's |
| 25 | judicial system, thus creating a compelling state interest in |
| 26 | the state's limited regulation of advertising as set forth in |
| 27 | this section. |
| 28 | (2)(1) A It shall be unlawful for any person or her or his |
| 29 | agent or, employee, or any person acting on her or his behalf, |
| 30 | may not to solicit or procure through solicitation, either |
| 31 | directly or indirectly, legal business for a profit, may not or |
| 32 | to solicit or procure through solicitation a retainer, written |
| 33 | or oral, or any agreement authorizing an attorney to perform or |
| 34 | render legal service for a profit, and may not or to make it a |
| 35 | business to solicit or procure such business, retainers, or |
| 36 | agreements.; provided, However, this section does not that |
| 37 | nothing herein shall prohibit or be applicable to banks, trust |
| 38 | companies, lawyer reference services, legal aid associations, |
| 39 | lay collection agencies, railroad companies, insurance companies |
| 40 | and agencies, and real estate companies and agencies, in the |
| 41 | conduct of their lawful businesses, and in connection therewith |
| 42 | and incidental thereto, from forwarding legal matters to |
| 43 | attorneys at law if when such forwarding is authorized by the |
| 44 | customers or clients of the said businesses and is done pursuant |
| 45 | to the canons of legal ethics as pronounced by the Supreme Court |
| 46 | of Florida. |
| 47 | (3)(2) A It shall be unlawful for any person in the employ |
| 48 | of or in any capacity attached to any hospital, sanitarium, |
| 49 | police department, wrecker service, or garage, prison, or court, |
| 50 | or for a person authorized to furnish bail bonds, investigators, |
| 51 | photographers, insurance or public adjusters, may not to |
| 52 | communicate, directly or indirectly, with any attorney or person |
| 53 | acting on the said attorney's behalf for the purpose of aiding, |
| 54 | assisting, or abetting such attorney in soliciting the |
| 55 | solicitation of legal business for a profit, and may not procure |
| 56 | or the procurement through the solicitation of a retainer, |
| 57 | written or oral, or any agreement authorizing the attorney to |
| 58 | perform or render legal services for a profit. |
| 59 | (4) A person may not advertise, using any form of |
| 60 | electronic or other media, in a manner that solicits legal |
| 61 | business for a profit by urging a person to consider bringing |
| 62 | legal action against another. |
| 63 | (5) As used in this section, the term "solicit" means to |
| 64 | entreat, request, or incite another to use the services of an |
| 65 | attorney or a law firm. In any advertisement subject to this |
| 66 | section, the term "solicit" does not mean, include, or prohibit |
| 67 | a statement by the attorney in writing, an oral statement by the |
| 68 | attorney, or an appearance, picture, or voice of the attorney |
| 69 | stating in such advertisement only the following information: |
| 70 | (a) The name of the attorney or law firm; |
| 71 | (b) The field of practice of such attorney or law firm, |
| 72 | including the prices charged, so long as expressly permitted by |
| 73 | Rule 4-7.2 of the rules regulating The Florida Bar; |
| 74 | (c) The right of an injured or aggrieved person to seek |
| 75 | redress if such person's rights have been violated; |
| 76 | (d) A public service announcement, so long as it does not |
| 77 | entreat, request, or urge another to use the services of an |
| 78 | attorney or law firm for the purpose of bringing legal action |
| 79 | against another; or |
| 80 | (e) Those matters expressly permitted by Rule 4-7.2(c)(11) |
| 81 | of the rules regulating The Florida Bar. |
| 82 | (6)(a)(3) Except for violations of subsection (4), any |
| 83 | person who violates violating any provision of this section |
| 84 | commits shall be guilty of a misdemeanor of the first degree, |
| 85 | punishable as provided in s. 775.082 or s. 775.083. |
| 86 | (b) A person who violates subsection (4) is liable for a |
| 87 | civil penalty of $1,000 for the first offense and a civil |
| 88 | penalty of $10,000 for each subsequent offense. The Florida Bar |
| 89 | and the Attorney General may enforce such penalties and seek an |
| 90 | injunction against any person who violates subsection (4) and, |
| 91 | upon prevailing in such action, shall recover costs and |
| 92 | reasonable attorney's fees. For purposes of this paragraph, an |
| 93 | offense is a single advertisement published in a single print |
| 94 | publication or through a single electronic media outlet, |
| 95 | regardless of the number of times or in how many issues it is |
| 96 | republished in the same publication or through the same media |
| 97 | outlet. |
| 98 | (7)(4) This section is shall be taken to be cumulative and |
| 99 | does shall not be construed to amend or repeal any other valid |
| 100 | law, code, ordinance, rule, or penalty now in effect. |
| 101 | Section 2. This act shall take effect upon becoming a law. |