Senate Bill sb0076

    Florida Senate - 2005                                    SB 76

    By Senator Geller





    31-116A-05

  1                      A bill to be entitled

  2         An act relating to restrictions on the practice

  3         of law; amending s. 454.18, F.S.; clarifying

  4         provisions prohibiting a sheriff or deputy

  5         sheriff from practicing law in this state;

  6         authorizing an attorney to serve as a volunteer

  7         with a sheriff's auxiliary; providing an

  8         effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 454.18, Florida Statutes, is

13  amended to read:

14         454.18  Officers not allowed to practice.--A No sheriff

15  or clerk of the any court, or deputy clerk of the court

16  thereof, may not shall practice law in this state, and nor

17  shall any person who is not of good moral character, or who

18  has been convicted of an infamous crime is not be entitled to

19  practice law. A sheriff or deputy sheriff who is an attorney

20  may not engage in the private practice of law, be a member of

21  a law firm, or represent himself or herself as an attorney on

22  any letterhead. An attorney may serve with a sheriff's

23  auxiliary only as a volunteer. A But no person may not shall

24  be denied the right to practice law on account of gender sex,

25  race, or color. And any person, whether an attorney or not, or

26  whether within the exceptions mentioned above or not, may

27  conduct his or her own cause in any court of this state, or

28  before any public board, committee, or officer, subject to the

29  lawful rules and discipline of such court, board, committee,

30  or officer. The provisions of this section restricting the

31  practice of law by a sheriff or clerk, or deputy clerk of the

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    Florida Senate - 2005                                    SB 76
    31-116A-05




 1  court do thereof, shall not apply in a case where such person

 2  is representing the office or agency in the course of duties

 3  as an attorney.

 4         Section 2.  This act shall take effect July 1, 2005.

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 7                          SENATE SUMMARY

 8    Clarifies provisions that prohibit a sheriff from
      practicing law in this state. Provides circumstances in
 9    which an attorney may serve with a sheriff's auxiliary.

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