Amendment
Bill No. 1776
Amendment No. 775491
CHAMBER ACTION
Senate House
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1Representatives Quinones, Zapata, and Kottkamp offered the
2following:
3
4     Amendment (with title amendment)
5     Remove everything after the enacting clause and insert:
6     Section 1.  Section 454.23, Florida Statutes, is amended to
7read:
8     454.23  Penalties.--Any person not licensed or otherwise
9authorized to practice law in this state by the Supreme Court of
10Florida who practices shall practice law in this state or holds
11assume or hold himself or herself out to the public as qualified
12to practice law in this state, or who willfully pretends to be,
13or willfully takes or uses any name, title, addition, or
14description implying that he or she is qualified, or recognized
15by law as qualified, to practice law act as a lawyer in this
16state, commits and any person entitled to practice who shall
17violate any provisions of this chapter, shall be guilty of a
18felony misdemeanor of the third first degree, punishable as
19provided in s. 775.082, or s. 775.083, or s. 775.084.
20     Section 2.  Section 454.31, Florida Statutes, is amended to
21read:
22     454.31  Practice while disbarred or suspended
23prohibited.--Any person who has been knowingly disbarred and who
24Any person who has been knowingly disbarred and who has not been
25lawfully reinstated or is knowingly under suspension from the
26practice of law by any circuit court of the state or by the
27Supreme Court of the state who practices shall either directly
28or indirectly practice law in this state any manner or holds
29hold himself or herself out as an attorney at law or qualified
30to practice law in this state commits shall be guilty of a
31felony misdemeanor of the third first degree, punishable as
32provided in s. 775.082, or s. 775.083, or s. 775.084.
33     Section 3.  Section 454.32, Florida Statutes, is amended to
34read:
35     454.32  Aiding or assisting disbarred or suspended attorney
36prohibited.--A person Any attorney at law licensed to practice
37in the courts of the state who knowingly either directly or
38indirectly aids or assists any person in carrying on the
39unauthorized practice of law, knowing that such person either
40directly or indirectly in any manner whatsoever who has been
41disbarred and has not been lawfully reinstated or is under the
42suspension from the practice of law by any circuit court of the
43state or by the Supreme Court of the state, commits, as provided
44in s. 454.31, from the practice of law, shall be guilty of a
45felony misdemeanor of the third second degree, punishable as
46provided in s. 775.082, or s. 775.083, or s. 775.084, and shall
47also be subject to disbarment.
48     Section 4.  This act shall take effect October 1, 2004.
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50
51================= T I T L E  A M E N D M E N T =================
52     Remove the entire title and insert:
53
A bill to be entitled
54An act relating to the unauthorized practice of law; amending
55ss. 454.23, 454.31, and 454.32, F.S.; increasing the criminal
56penalties for offenses related to the unauthorized practice of
57law; specifying that such offenses are punishable as felonies of
58the third degree; clarifying the elements of such offenses;
59providing an effective date.


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