Florida UPL Statute Summary

Florida Statute § 454.23. Penalties.

Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as qualified to practice law in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to practice law in this state, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

Florida Statute § 454.31. Practice while disbarred or suspended prohibited.

Any person who has been knowingly disbarred and who has not been lawfully reinstated or is knowingly under suspension from the practice of law by any circuit court of the state or by the Supreme Court of the state who practices law in this state or holds himself or herself out as an attorney at law or qualified to practice law in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Florida Statute §454.32 Aiding or assisting disbarred or suspended attorney prohibited.

A person who knowingly aids or assists any person in carrying on the unauthorized practice of law, knowing that such person has been disbarred and has not been lawfully reinstated or is under suspension from the practice of law by any circuit court of the state or by the Supreme Court of the state, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and shall also be subject to disbarment.

Enforcement Mechanisms/Complaint Processes for UPIL

Victims may file a complaint with the Dept. of Agriculture and Consumer Services’ Consumer Services Division or the Attorney General’s Office’ Consumer Protection Division under the Deceptive and Unfair Trade Practices Act, accessible here.

One may file a complaint with the Dept. of Agriculture and Consumer Services here and the Attorney General’s Office here.

You may also contact The Florida Bar in order to file a UPL complaint. The Unlicensed Practice of Law (UPL) program was established by the Supreme Court of Florida to protect the public against harm caused by unlicensed individuals practicing law.

Unlicensed practice of law is a felony in Florida, as is practice by a disbarred or suspended attorney or assistance to a disbarred or suspended attorney. These criminal laws may be enforced by the State Attorney’s Office for each judicial district.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in Florida see the instructional page from the Florida Bar Association, available here.

Contact Information for Relevant Agencies

Office of Attorney General:

State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Tel: (850) 414-3300
Hotline: 1-866-966-7226
www.myfloridalegal.com

Department of Agriculture and Consumer Services:

Florida Department of Agriculture and Consumer Services
Division of Consumer Services
P.O Box 6700
Tallahassee, Florida 32399-6700
Tel: 1-800-HELP-FLA (1-800-435-7352)
www.freshfromflorida.com

The Florida Bar:

651 E. Jefferson Street
Tallahassee, FL 32399-2300
Tel: (850) 561-5600
www.floridabar.org

Becoming a Notary Public

To be eligible to be a notary public in Florida, one must:

  • Obtain an application and information from a bonding company approved to submit applications electronically to the Department of State, Notary Commissions and Certifications Section.
  • Most of these companies provide “one-stop-shopping” — they furnish an application, pay the state fees, write the notary bond, and supply the applicant’s notary seal. The applicant makes one payment to the company. An applicant will probably want to check with several companies to compare services and prices. The state fees of $39 are fixed by law, but the bond premium and the notary seal are competitively priced. Please note that the State does not give out applications or provide notary seals.
  • The completed application is submitted electronically and in paper format to the Department of State, and if approved without further review by the Governor’s Office, the commission should be issued within just a few days. The notary commission certificate is printed by the Department of State and mailed to the bonding agency. Typically, the company will forward it to the applicant, and the notary seal will follow within a few days. The entire process should be completed within 2-3 weeks, unless your application requires special handling.
  • All first time notary applicants are required to complete a three-hour notary education course by an approved provider. For a list of approved providers please go to Notary Education.

Here is a list of bonding agencies who electronically transmit notary applications to the Department of State.

The Secretary of State has a search tool to locate recently issued commissions or to locate any current Florida notary, which can be accessed here.

Under Fla. Stat. Ann. § 117.01(4)(f), a notary public may be suspended for the unauthorized practice of law.

Fla. Stat. Ann. § 117.05 provides that a notary public who is not an attorney who advertises the services of a notary public in a language other than English must include with the advertisement a notice in English and in the language used for the advertisement. The notice must clearly state:

“I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”