HB 395

1
A bill to be entitled
2An act relating to paralegals; creating pt. II of ch. 454,
3F.S., relating to regulation of paralegals; providing a
4short title; providing legislative intent; providing
5definitions; providing exceptions and exemptions;
6providing educational requirements for qualification as a
7paralegal; providing continuing education requirements;
8providing for a paralegal code of ethics and professional
9responsibility; providing a grandfathering clause;
10providing for reciprocity; providing penalties; providing
11for severability; establishing the Paralegal Regulation
12Board; providing for the board's members, terms,
13vacancies, headquarters, meetings, powers, and fiscal
14accountability; amending ss. 57.104 and 744.108, F.S.;
15conforming terminology; providing effective dates.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Chapter 454, Florida Statutes, is designated
20part I of the chapter, and part II, consisting of sections
21454.37, 454.38, 454.39, 454.40, 454.41, 454.42, 454.43, 454.44,
22454.45, 454.46, 454.47, and 454.48, is created to read:
23     454.37  Short title.--This part may be cited as the
24"Paralegal Profession Act."
25     454.38  Legislative intent.--The legislative purpose for
26enacting this part is to:
27     (1)  Protect the public from the unauthorized practice of
28law by any person who:
29     (a)  Otherwise provides services outside the scope of
30existing laws and rules of administrative agencies.
31     (b)  Holds himself or herself out as having advanced levels
32of legal education and training sufficient to perform
33substantive legal work by using the title "paralegal," or other
34similar title, as such title is defined in s. 454.39(2).
35     (2)  Assist with the effective delivery of legal services.
36     (3)  Maintain specific levels of ethics and competency.
37     (4)  Ensure that every person who holds himself or herself
38out as a paralegal in this state meets certain requirements.
39     454.39  Definitions.--As used in this part:
40     (1)  "Board" means the Paralegal Regulation Board created
41under s. 454.48.
42     (2)  "Paralegal" means:
43     (a)  A person who is qualified under this part, who is
44employed or retained by a licensed attorney, law office,
45governmental agency, or other entity, and who performs
46substantive legal work for which a licensed attorney is
47responsible that, absent the paralegal, the licensed attorney
48would perform; or
49     (b)  A person who is qualified under this part and is
50authorized to be a paralegal by local, state, or federal
51statute, rules of court, or administrative rules.
52     (3)  "Qualified paralegal studies program" means a program
53as defined by the educational requirements set forth in s.
54454.41.
55     454.40  Exceptions and exemptions.--A disbarred attorney
56does not qualify under this part and may not use the title
57"paralegal." No person shall hold himself or herself out as a
58paralegal in this state unless that person is regulated under
59this part or has been determined to be exempt by the board. A
60person who is an active member of a branch of the United States
61military and is classified as a "paralegal" is exempt from this
62part. An individual who is a civilian employee of a branch of
63the United States military and is classified as a "paralegal" is
64exempt from this part during the term of such employment in that
65capacity by a branch of the United States military.
66     454.41  Educational requirements.--A paralegal regulated
67under this part shall have completed postsecondary education and
68training that includes at least one of the following:
69     (1)  Successful completion of:
70     (a)  The Certified Legal Assistant/Certified Paralegal
71(CLA/CP) certification examination administered by the National
72Association of Legal Assistants (NALA);
73     (b)  The Registered Paralegal (RP) certification
74examination offered by the National Federation of Paralegal
75Associations (NFPA); or
76     (c)  Such other certification examination as may be
77recognized by the board as establishing a similar or greater
78level of competency as a paralegal.
79     (2)  Graduation from one of the following kinds of
80educational programs:
81     (a)  A program of study for paralegals that was approved by
82the American Bar Association at the time the applicant
83graduated.
84     (b)  A program of study for paralegals that is
85institutionally accredited by an accrediting agency approved by
86the United States Department of Education, but not approved by
87the American Bar Association, that requires not less than the
88equivalent of 60 semester hours of classroom study, including
89the equivalent of not less than 24 semester hours of courses in
90paralegal studies.
91     (c)  A baccalaureate degree in any field from an
92educational institution that is institutionally accredited by an
93accrediting agency approved by the United States Department of
94Education, in addition to not less than 2 years of full-time in-
95house training or the equivalent amount of time as a paralegal
96intern under the supervision of an attorney who has been a
97member in good standing of the state bar in which the attorney
98practices for a minimum of 5 consecutive years.
99     454.42  Continuing education.--A paralegal regulated under
100this part shall complete continuing legal education. The board
101shall establish the required number of hours and approved course
102content, which shall not be less than 20 hours every 2 years, 2
103hours of which shall be in the area of ethics. Courses approved
104for credit by The Florida Bar, the National Association of Legal
105Assistants (NALA), or the National Federation of Paralegal
106Associations (NFPA) shall be deemed acceptable for purposes of
107this section.
108     454.43  Ethics.--A paralegal regulated under this part
109shall comply with the Florida Paralegal Code of Ethics and
110Professional Responsibility as adopted by the board.
111     454.44  Grandfathering.--
112     (1)  In addition to a paralegal who meets the requirements
113of s. 454.41, a person is qualified under this part if he or she
114meets the following cumulative criteria:
115     (a)  Has a high school diploma or high school equivalency
116diploma at the time of application.
117     (b)  Has been engaged in work as a paralegal for not less
118than 9,395 hours at any time during the 5 years immediately
119preceding the time of application and meets the supervisory
120requirements of s. 454.39(2).
121     (c)  Has completed at least 2 hours of continuing education
122courses approved under s. 454.42 in the area of legal ethics and
123professional responsibility during the 12 months immediately
124preceding the time of application.
125     (d)  Makes application for regulation under this section
126within 2 years after the effective date of this part.
127     (2)  A paralegal shall provide documentation of the work
128experience required in paragraph (1)(b) by the certification of
129an attorney under whose supervision the work was performed, a
130law office, a governmental agency, or other entity. The form and
131content of the certification shall be prescribed by the board.
132     454.45  Reciprocity.--Other individuals may qualify under
133this part by rules of reciprocity as established by the board.
134     454.46  Penalties.--Any individual who violates the
135provisions of s. 454.40 commits a felony of the third degree,
136punishable as provided in s. 775.082 or s. 775.083.
137     454.47  Severability.--If any provision of this part or the
138application thereof to any individual or circumstance is for any
139reason held invalid, such invalidity shall not affect other
140provisions or applications of the part which can be given effect
141without the invalid provision or application, and to this end
142the provisions of this part are declared to be severable.
143     454.48  Paralegal Regulation Board; members, terms,
144vacancies, headquarters, meetings, powers, and fiscal
145accountability.--
146     (1)  The Paralegal Regulation Board is created and shall
147consist of at least 15 members who are residents of this state
148and who are appointed and elected as follows:
149     (a)  Ten members shall be persons who are regulated under
150this part and shall be comprised of members representing each
151federal district within the state. The initial members shall be
152appointed by the Florida Alliance of Paralegal Associations,
153Inc., and shall include three members who are paralegals and who
154shall serve a 1-year term, three members who are paralegals and
155who shall serve a 2-year term, and four members who are
156paralegals and who shall serve a 3-year term. Initially
157appointed paralegal members of the board may serve for one
158consecutive term of 3 years. Twelve months after the second year
159after the effective date of this part, paralegal member
160vacancies on the board shall be elected by majority vote of the
161persons regulated under this part for staggered terms as
162determined by the board. No elected paralegal member of the
163board may serve more than two consecutive terms.
164     (b)  Three members shall be paralegal educators and shall
165consist of one member from each federal district in this state.
166The initial appointments shall be made from a list of paralegal
167educators in this state by a majority vote of the members of the
168board who are paralegals. Twelve months after the effective date
169of this part, a member of the board who is a paralegal educator
170shall serve for a 3-year term or until his or her successor is
171appointed.
172     (c)  Of the two remaining members, one shall be a member of
173the public and one shall be an attorney serving on The Florida
174Bar Standing Committee on Unlicensed Practice of Law as of the
175effective date of this part. The initial appointments shall be
176made by the then-current standing committee chair. Twelve months
177after the effective date of this part, each of these members of
178the board shall serve for a 3-year term or until a successor is
179appointed by the standing committee chair.
180     (2)  Vacancies occurring by reason of death, resignation,
181or removal shall be filled by appointment of the board, and the
182member so appointed shall serve for the balance of the vacated
183term.
184     (3)  The board shall maintain its official headquarters in
185Tallahassee.
186     (4)  The board shall meet at least once annually.
187     (5)  The board shall be charged with and have the power and
188duty to administer the regulation of paralegals under this part.
189The board shall have, but not be limited to, the power to:
190     (a)  Approve, deny, suspend, revoke, or reinstate the
191status of paralegals registered under this part.
192     (b)  Review, evaluate, and approve educational requirements
193and continuing education programs to ensure compliance with the
194standards set forth in this part.
195     (c)  Adopt rules, bylaws, and procedures not inconsistent
196with law as may be necessary to carry out the duties and
197authority conferred upon the board by this section.
198     (d)  Establish fees to be paid for registration as a
199paralegal adequate to ensure continued operation of the board
200and to fund the proportionate expenses incurred by the board in
201carrying out its regulatory and other related responsibilities
202under this section.
203     (6)  The board shall prepare an annual financial statement
204that shall be made available to paralegals registered under this
205part upon reasonable request and to such other entities as may
206be required by law.
207     Section 2.  All initial members of the Paralegal Regulation
208Board created under s. 454.48, Florida Statutes, shall be
209appointed at least 60 days before the effective date of this
210part. This section shall take effect upon this act becoming a
211law.
212     Section 3.  Section 57.104, Florida Statutes, is amended to
213read:
214     57.104  Computation of attorneys' fees.--In any action in
215which attorneys' fees are to be determined or awarded by the
216court, the court shall consider, among other things, time and
217labor of any paralegals, as defined in s. 454.39(2), legal
218assistants who contributed nonclerical, meaningful legal support
219to the matter involved and who are working under the supervision
220of an attorney. For purposes of this section "legal assistant"
221means a person, who under the supervision and direction of a
222licensed attorney engages in legal research, and case
223development or planning in relation to modifications or initial
224proceedings, services, processes, or applications; or who
225prepares or interprets legal documents or selects, compiles, and
226uses technical information from references such as digests,
227encyclopedias, or practice manuals and analyzes and follows
228procedural problems that involve independent decisions.
229     Section 4.  Subsection (4) of section 744.108, Florida
230Statutes, is amended to read:
231     744.108  Guardian's and attorney's fees and expenses.--
232     (4)  Fees for legal services may include customary and
233reasonable charges for work performed by paralegals, as defined
234in s. 454.39(2), legal assistants employed by and working under
235the direction of the attorney.
236     Section 5.  Except as otherwise expressly provided in this
237act, this act shall take effect October 1, 2006.


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