Florida Senate - 2010 (NP) SB 58
By Senator Siplin
19-00216-10 201058__
1 A bill to be entitled
2 An act for the relief of Brian Pitts; directing the
3 Division of Administrative Hearings to appoint an
4 administrative law judge to determine whether a basis
5 for equitable relief exists for the purpose of
6 compensating Brian Pitts for any wrongful act or
7 omission by the State of Florida or officials thereof;
8 requiring a report to the Legislature; authorizing
9 such compensation upon a determination by the
10 administrative law judge; providing an appropriation
11 to compensate Brian Pitts for injuries and damages
12 sustained; providing a limitation on the payment of
13 fees and costs; authorizing Brian Pitts to practice
14 law under certain circumstances; providing an
15 effective date.
16
17 WHEREAS, this state has clearly recognized the practice of
18 law by lay persons since at least 1980, the Legislature and
19 judiciary having concurrent jurisdiction to regulate such, and
20 WHEREAS, Brian Pitts has exercised this privilege since
21 2001 in Pinellas County, and his practice was later confirmed by
22 the Florida Supreme Court in case number SC 02-247, in a final
23 order dated November 11, 2003, and
24 WHEREAS, since the inception of Mr. Pitts’ practice, the
25 Second District Court of Appeal, the Sixth Judicial Circuit of
26 Florida serving Pasco and Pinellas Counties, the state attorney
27 for the Sixth Judicial Circuit of Florida, and The Florida Bar
28 have, without cause, deprived Mr. Pitts of the privilege of
29 practicing law as prescribed by the Legislature and Florida
30 Supreme Court, subjecting him to civil and criminal proceedings
31 and penalties on an ongoing basis, and
32 WHEREAS, the Florida Supreme Court has, by virtue of the
33 broad, general, and ambiguous language of its 2003 final order
34 in the case, subjected Mr. Pitts to entrapment, and has
35 needlessly and unjustly delayed ruling upon a request by Mr.
36 Pitts to clarify or amend the final order or to promulgate other
37 rules following original proceedings brought by Mr. Pitts to
38 correct the matter, and
39 WHEREAS, Mr. Pitts’ good name and reputation have been
40 damaged and he has been deprived of due process, the ability to
41 conduct a lawful business, freedom of speech, property, liberty,
42 and equal protection under the law, and has not benefited from
43 constitutional protections against unlawful trusts and double
44 jeopardy, and has further suffered mental anguish and emotional
45 distress as the result of the intentional misconduct and gross
46 negligence of the courts, the state attorney’s office, and The
47 Florida Bar related to his practice of law as a nonlawyer in
48 this state, and
49 WHEREAS, Mr. Pitts has suffered, and continues to suffer,
50 significant monetary damage in the form of time, expenses, fees,
51 fines, costs, and restitution associated with the civil and
52 criminal proceedings pertaining to his unauthorized or
53 unlicensed practice of law, and
54 WHEREAS, Brian Pitts has on many occasions appeared before
55 the Legislature to instruct, advise, inform, and advocate for or
56 against proposed legislation covering a large spectrum of topics
57 and subject matter, and
58 WHEREAS, the Legislature recognizes that no system of
59 justice is impervious to human error, and
60 WHEREAS, the Legislature acknowledges that the state’s
61 system of justice sometimes yields imperfect results that may
62 have tragic consequences, and
63 WHEREAS, this claim is based on a moral and legal
64 obligation of the Legislature to acknowledge its own acts and
65 inherent authority to correct a wrong whereby normal or other
66 state authority, remedy, or resolution has been intentionally
67 delayed or denied on an arbitrary and capricious basis,
68 resulting in a manifest injustice or disregard of the law, and
69 WHEREAS, the Legislature intends that any compensation made
70 pursuant to this act be the sole compensation to be provided by
71 the state for any and all present and future claims arising out
72 of the facts presented in this act, NOW, THEREFORE,
73
74 Be It Enacted by the Legislature of the State of Florida:
75
76 Section 1. The facts stated in the preamble to this act are
77 found and declared to be true.
78 Section 2. The Division of Administrative Hearings shall
79 appoint an administrative law judge to conduct a hearing and
80 determine whether a basis for equitable relief exists for the
81 purpose of compensating Brian Pitts for any wrongful act or
82 omission of the State of Florida which occurred in the
83 investigations and civil and criminal proceedings pertaining to
84 or alleging the unlicensed or unauthorized practice of law.
85 Section 3. (1) If the administrative law judge determines
86 by a preponderance of the evidence that the State of Florida
87 committed a wrongful act or omission and that a basis for
88 equitable relief exists, the administrative law judge may award
89 Brian Pitts an amount of up to $350,000. The administrative law
90 judge shall report his or her determination to the President of
91 the Senate and the Speaker of the House of Representatives no
92 later than July 1, 2010. The Chief Financial Officer is directed
93 to draw a warrant in satisfaction of the relief awarded by the
94 administrative law judge or special master, as provided in this
95 act, and to pay the warrant out of funds in the State Treasury.
96 (2) This award is intended to provide the sole compensation
97 for all present and future claims arising out of the factual
98 situation described in this act which resulted in unlawful or
99 unconstitutional acts committed against Brian Pitts in
100 connection with allegations of the unlicensed or unauthorized
101 practice of law. The total amount paid for attorney’s fees,
102 lobbying fees, costs, and other similar expenses relating to
103 this claim may not exceed 25 percent of the amount awarded under
104 this act.
105 Section 4. In accordance with the Florida Supreme Court
106 final order in case number SC 02-247, authorizing Brian Pitts to
107 practice law in this state, the Legislature authorizes Brian
108 Pitts to practice law in this state under the following
109 designations, titles, rules, decisions, or acts in the capacity
110 as a lay counselor or lay representative:
111 (1) Chapter 120, Florida Statutes, concerning a qualified
112 representative.
113 (2) Chapter 44, Florida Statutes, concerning a designated
114 representative.
115 (3) Section 709.08, Florida Statutes, concerning an
116 attorney in fact.
117 (4) Decisions or rules of the Florida Supreme Court
118 concerning representation by a realty property manager.
119 (5) Decisions or rules of the Florida Supreme Court
120 concerning a nonlawyer using approved forms.
121 (6) Decisions or rules of the Florida Supreme Court
122 concerning representation in county or small claims civil
123 proceedings.
124 (7) Rule 5-15, Rules Relating to Admission to the Florida
125 Bar.
126 (8) Judicial discretion under the inherent authority
127 doctrine.
128 (9) Federal law, or any other clearly expressed rule,
129 statute, or court or administrative decision or order under
130 other federal or state law and authority.
131 Section 5. Any appearance or public testimony given by
132 Brian Pitts on bills or matters before the Legislature, wherever
133 held or convened throughout this state, does not constitute the
134 practice of law. In all circumstances, Brian Pitts retains the
135 right where having valid standing supported by law or, if he is
136 the subject of civil or criminal proceeding, to represent
137 himself without a lawyer.
138 Section 6. This act shall take effect upon becoming a law.