Senate Bill sb1776e1
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SB 1776 First Engrossed
1 A bill to be entitled
2 An act relating to the unauthorized practice of
3 law; amending ss. 454.23, 454.31, and 454.32,
4 F.S.; increasing the criminal penalties for
5 offenses related to the unauthorized practice
6 of law; specifying that such offenses are
7 punishable as felonies of the third degree;
8 clarifying the elements of such offenses;
9 providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 454.23, Florida Statutes, is
14 amended to read:
15 454.23 Penalties.--Any person not licensed or
16 otherwise authorized to practice law in this state by the
17 Supreme Court of Florida who practices shall practice law in
18 this state or holds assume or hold himself or herself out to
19 the public as qualified to practice law in this state, or who
20 willfully pretends to be, or willfully takes or uses any name,
21 title, addition, or description implying that he or she is
22 qualified, or recognized by law as qualified, to practice law
23 act as a lawyer in this state, commits and any person entitled
24 to practice who shall violate any provisions of this chapter,
25 shall be guilty of a felony misdemeanor of the third first
26 degree, punishable as provided in s. 775.082, or s. 775.083,
27 or s. 775.084.
28 Section 2. Section 454.31, Florida Statutes, is
29 amended to read:
30 454.31 Practice while disbarred or suspended
31 prohibited.--Any person who has been knowingly disbarred and
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SB 1776 First Engrossed
1 who has not been lawfully reinstated or is knowingly under
2 suspension from the practice of law by any circuit court of
3 the state or by the Supreme Court of the state who practices
4 shall either directly or indirectly practice law in this state
5 any manner or holds hold himself or herself out as an attorney
6 at law or qualified to practice law in this state commits
7 shall be guilty of a felony misdemeanor of the third first
8 degree, punishable as provided in s. 775.082, or s. 775.083,
9 or s. 775.084.
10 Section 3. Section 454.32, Florida Statutes, is
11 amended to read:
12 454.32 Aiding or assisting disbarred or suspended
13 attorney prohibited.--A person Any attorney at law licensed to
14 practice in the courts of the state who knowingly either
15 directly or indirectly aids or assists any person in carrying
16 on the unauthorized practice of law, knowing that such person
17 either directly or indirectly in any manner whatsoever who has
18 been disbarred and has not been lawfully reinstated or is
19 under the suspension from the practice of law by any circuit
20 court of the state or by the Supreme Court of the state,
21 commits, as provided in s. 454.31, from the practice of law,
22 shall be guilty of a felony misdemeanor of the third second
23 degree, punishable as provided in s. 775.082, or s. 775.083,
24 or s. 775.084, and shall also be subject to disbarment.
25 Section 4. This act shall take effect October 1, 2004.
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