HB 1519

1	A bill to be entitled
2	An act relating to paralegals; creating pt. II of ch. 454,
3	F.S.; relating to regulation of paralegals; providing a
4	popular name; providing legislative intent; providing
5	definitions; providing exceptions and exemptions;
6	providing educational requirements for qualification as a
7	paralegal; providing continuing education requirements;
8	providing for a paralegal code of ethics and professional
9	responsibility; providing a grandfathering clause;
10	providing for reciprocity; providing penalties; providing
11	for severability; establishing the Paralegal Regulation
12	Board; providing for the board's powers, members, terms,
13	vacancies, fiscal accountability, and meetings; amending
14	ss. 57.104 and 744.108, F.S.; conforming cross references;
15	providing effective dates.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Chapter 454, Florida Statutes, is designated
20	part I of said chapter, and part II, consisting of sections
21	454.37, 454.38, 454.39, 454.40, 454.41, 454.42, 454.43, 454.44,
22	454.45, 454.46, 454.47, and 454.48, is created to read:
23	454.37  Part name.--This part may be cited as the
24	"Paralegal Profession Act."
25	454.38  Legislative intent.--The legislative purpose for
26	enacting this part is to:
27	(1)  Protect the public from the unauthorized practice of
28	law by any person who:
29	(a)  Otherwise provides services outside the scope of
30	existing laws and rules of administrative agencies.
31	(b)  Holds himself or herself out as having advanced levels
32	of legal education and training sufficient to perform
33	substantive legal work by using the title "paralegal," or other
34	similar 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 every person who holds himself or herself out
38	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
41	under s. 454.48.
42	(2)  "Paralegal" means:
43	(a)  A person who is qualified under this part, who is
44	employed or retained by a licensed attorney, law office,
45	governmental agency, or other entity, and who performs
46	substantive legal work for which a licensed attorney is
47	responsible that, absent the paralegal, the licensed attorney
48	would perform; or
49	(b)  A person who is qualified under this part and is
50	authorized by local, state, or federal statute, rules of court,
51	or administrative rules to perform substantive legal work
52	without the supervision of a licensed attorney.
53	(3)  "Qualified paralegal studies program" means a program
54	as defined by the educational requirements set forth in s.
55	454.41.
56	454.40  Exceptions and exemptions.--A disbarred attorney
57	does not qualify under this part and may not use the title
58	paralegal. A person convicted of a felony does not qualify under
59	this part regardless of whether such person meets any other
60	criteria for qualification under this part and may not use the
61	title "paralegal." A person may not hold himself or herself out
62	as a paralegal in this state unless that person is regulated
63	under this part or has been determined to be exempt by the
64	board. A person who is an active member of a branch of the
65	United States military and is classified as a "paralegal" is
66	exempt from this part. An individual who is a civilian employee
67	of a branch of the United States military and is classified as a
68	"paralegal" is exempt from this part during the term of such
69	employment in that capacity by a branch of the United States
70	military.
71	454.41  Educational requirements.--A paralegal regulated
72	under this part shall have completed postsecondary education and
73	training that includes at least one of the following:
74	(1)  Successful completion of:
75	(a)  The Certified Legal Assistant/Certified Paralegal
76	(CLA/CP) certification examination administered by the National
77	Association of Legal Assistants (NALA);
78	(b)  The Registered Paralegal (RP) certification
79	examination offered by the National Federation of Paralegal
80	Associations (NFPA); or
81	(c)  Such other certification examination as may be
82	recognized by the board as establishing a similar or greater
83	level of competency as a paralegal.
84	(2)  Graduation from one of the following kinds of
85	educational programs:
86	(a)  A program of study for paralegals that was approved by
87	the American Bar Association at the time the applicant
88	graduated.
89	(b)  A program of study for paralegals that is
90	institutionally accredited by an accrediting agency approved by
91	the United States Department of Education, but not approved by
92	the American Bar Association, that requires not less than the
93	equivalent of 60 semester hours of classroom study, including
94	the equivalent of not less than 24 semester hours of courses in
95	paralegal studies.
96	(c)  A baccalaureate degree in any field from an
97	educational institution that is institutionally accredited by an
98	accrediting agency approved by the United States Department of
99	Education, in addition to not less than 2 years of full-time in-
100	house training or the equivalent amount of time as a paralegal
101	intern under the supervision of an attorney who has been a
102	member in good standing of the state bar in which the attorney
103	practices for a minimum of 5 consecutive years.
104	454.42  Continuing education.--A paralegal regulated under
105	this part shall complete continuing legal education. The board
106	shall establish the required number of hours and approved course
107	content, which shall not be less than 20 hours every 2 years, 2
108	hours of which shall be in the area of ethics. Courses approved
109	for credit by The Florida Bar, the National Association of Legal
110	Assistants (NALA), or the National Federation of Paralegal
111	Associations (NFPA) shall be deemed acceptable for purposes of
112	this section.
113	454.43  Ethics.--A paralegal regulated under this part
114	shall comply with the Florida Paralegal Code of Ethics and
115	Professional Responsibility as adopted by the board.
116	454.44  Grandfathering.--
117	(1)  In addition to a paralegal who meets the requirements
118	of s. 454.41, a person is qualified under this part if he or she
119	meets the following cumulative criteria:
120	(a)  Has a high school diploma or high school equivalency
121	diploma at the time of application.
122	(b)  Has been engaged in work as a paralegal for not less
123	than 9,395 hours at any time during the 5 years immediately
124	preceding the time of application and meets the supervisory
125	requirements of s. 454.39(2).
126	(c)  Has completed at least 2 hours of continuing education
127	courses approved pursuant to s. 454.42 in the area of legal
128	ethics and professional responsibility during the 12 months
129	immediately preceding the time of application.
130	(d)  Makes application for regulation under this section
131	within 2 years after the effective date of this part.
132	(2)  A paralegal shall provide documentation of the work
133	experience required in paragraph (1)(b) by an affidavit under
134	oath of an attorney under whose supervision the work was
135	performed, a law office, a governmental agency, or other entity.
136	The form and content of the certification shall be prescribed by
137	the board.
138	454.45  Reciprocity.--Other individuals may qualify under
139	this part by rules of reciprocity as established by the board.
140	454.46  Penalties.--Any individual who violates the
141	provisions of s. 454.40 commits a felony of the third degree,
142	punishable as provided in s. 775.082 or s. 775.083.
143	454.47  Severability.--If any provision of this part or the
144	application thereof to any individual or circumstance is for any
145	reason held invalid, such invalidity shall not affect other
146	provisions or applications of the section which can be given
147	effect without the invalid provision or application, and to this
148	end the provisions of this part are declared to be severable.
149	454.48  Paralegal Regulation Board; powers; members; terms;
150	vacancies; fiscal accountability; meetings.--
151	(1)  The board shall be charged with and have the power and
152	duty to administer the regulation of paralegals under this part.
153	The board shall have, but not be limited to, the following
154	powers:
155	(a)  To approve, deny, suspend, revoke, or reinstate the
156	status of paralegals registered under this part.
157	(b)  To review, evaluate, and approve educational
158	requirements and continuing education programs to ensure
159	compliance with the standards set forth in this part.
160	(c)  To adopt rules, bylaws, and procedures not
161	inconsistent with law as may be necessary to carry out the
162	duties and authority conferred upon the board by this section.
163	(d)  To establish fees to be paid for registration as a
164	paralegal adequate to ensure continued operation of the board
165	and to fund the proportionate expenses incurred by the board in
166	carrying out its regulatory and other related responsibilities
167	under this section.
168	(2)  The board shall consist of at least 15 members who are
169	residents of this state and who are appointed and elected as
170	follows:
171	(a)  Ten members shall be persons who are regulated under
172	this part and shall be comprised of members representing each
173	federal district within the state. The initial members shall be
174	appointed by the Florida Alliance of Paralegal Associations,
175	Inc., and shall include 3 members who are paralegals and who
176	shall serve a 1-year term, 3 members who are paralegals and who
177	shall serve a 2-year term, and 4 members who are paralegals and
178	who shall serve a 3-year term. Initially appointed paralegal
179	members of the board may serve for one consecutive term of 3
180	years. Twelve months after the second year after the effective
181	date of this part, paralegal member vacancies on the board shall
182	be elected by majority vote of the persons regulated under this
183	part for staggered terms as determined by the board. No elected
184	paralegal member of the board may serve more than two
185	consecutive terms.
186	(b)  Three members shall be paralegal educators and shall
187	consist of one member from each federal district in this state.
188	The initial appointments shall be made from a list of paralegal
189	educators in this state by a majority vote of the members of the
190	board who are paralegals. Twelve months after the effective date
191	of this part, a member of the board who is a paralegal educator
192	shall serve for a 3-year term or until his or her successor is
193	appointed.
194	(c)  Of the two remaining members, one shall be a member of
195	the public and one shall be an attorney serving on The Florida
196	Bar Standing Committee on Unlicensed Practice of Law as of the
197	effective date of this part. The initial appointments shall be
198	made by the then-current standing committee chair. Twelve months
199	after the effective date of this part, each of these members of
200	the board shall serve for a 3-year term or until a successor is
201	appointed by the standing committee chair.
202	(3)  Vacancies occurring by reason of death, resignation,
203	or removal shall be filled by appointment of the board, and the
204	member so appointed shall serve for the balance of the vacated
205	term.
206	(4)  The board shall maintain its official headquarters in
207	Tallahassee.
208	(5)  The board shall meet at least once annually.
209	(6)  The board shall prepare an annual financial statement
210	that shall be made available to paralegals registered under this
211	part upon reasonable request and to such other entities as may
212	be required by law.
213	Section 2.  All initial members of the Paralegal Regulation
214	Board created under s. 454.48, Florida Statutes, shall be
215	appointed at least 60 days before the effective date of this
216	part. This section shall take effect upon this act becoming a
217	law.
218	Section 3.  Section 57.104, Florida Statutes, is amended to
219	read:
220	57.104  Computation of attorneys' fees.--In any action in
221	which attorneys' fees are to be determined or awarded by the
222	court, the court shall consider, among other things, time and
223	labor of any paralegals, as defined by s. 454.39(2), legal
224	assistants who contributed nonclerical, meaningful legal support
225	to the matter involved and who are working under the supervision
226	of an attorney. For purposes of this section "legal assistant"
227	means a person, who under the supervision and direction of a
228	licensed attorney engages in legal research, and case
229	development or planning in relation to modifications or initial
230	proceedings, services, processes, or applications; or who
231	prepares or interprets legal documents or selects, compiles, and
232	uses technical information from references such as digests,
233	encyclopedias, or practice manuals and analyzes and follows
234	procedural problems that involve independent decisions.
235	Section 4.  Subsection (4) of section 744.108, Florida
236	Statutes, is amended to read:
237	744.108  Guardian's and attorney's fees and expenses.--
238	(4)  Fees for legal services may include customary and
239	reasonable charges for work performed by paralegals, as defined
240	by s. 454.39(2), legal assistants employed by and working under
241	the direction of the attorney.
242	Section 5.  Except as otherwise provided herein, this act
243	shall take effect October 1, 2005.

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