Florida Statutes
Fla. Stat. § 454.23 (2025)
Penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
History.—s. 21, ch. 10175, 1925; CGL 8133; s. 384, ch. 71-136; s. 1, ch. 74-128; s. 184, ch. 97-103; s. 1, ch. 2004-287.
Arrestable Offenses under F.S. 454.23
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§454.23FRAUD-IMPERSONMISREPRESENT SELF AS QUALIFIED TO PRACTICE LAW
Notes of Decisions
Cited in 37
cases (9 in the last 5 years), 1953–2026 · leading case: State v. Foster, 674 So. 2d 747 (Fla. 1st DCA 1996).
State v. Foster, 674 So. 2d 747 (Fla. 1st DCA 1996). “§ 454.23, Fla.Stat. (1993). In Mr. Foster's case, the trial court dismissed all counts against him; declared section 454.”
CHANDRIS, SA v. Yanakakis, 668 So. 2d 180 (Fla. 1995). “3d at 1511-12 (footnotes and record citations omitted).”
Amendments Regulating Bar-Advert., 762 So. 2d 392 (Fla. 1999). “) [3] For example, section 454.23, Florida Statutes (1997), provides: Penalties.”
The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980). “Brickman, Expansion of the Lawyering Process through a New Delivery System: The Emergence and State of Legal Paraprofessionalism, 71 Colum.”
EHQF Trust v. S & A Capital Partners, Inc., 947 So. 2d 606 (Fla. 4th DCA 2007). “Section 454.23, Florida Statutes (2006), prohibiting the unlicensed practice of law, provides no exception for representation of a trust.”
In re Ocean 4660 LLC, 569 B.R. 850 (Bankr. S.D. Florida 2017). “It has come to the Court’s attention that Frank was arrested on March 10, 2017, for misrepresenting himself as qualified to practice law (§ 454.23, Fla. Stat.), simulating legal process in fraudulent actions (§ 843.”
Torrey v. Leesburg Reg'l Med. Ctr., 769 So. 2d 1040 (Fla. 2000). “5(a)("A lawyer shall not practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction.”
Morrison v. West, 30 So. 3d 561 (Fla. 4th DCA 2010). “See § 454.23, Fla. Stat. To award fees for illegal activities is contrary to public policy.”
Vista Designs, Inc. v. Silverman, 774 So. 2d 884 (Fla. 4th DCA 2001). “However, regulatory measures make it a criminal offense to practice law without a license, see section 454.23, Fla.Stat., and the admission of attorneys to practice law is considered a judicial function, see section 454.”
Hucke v. Kubra Data Transfer Ltd., 160 F. Supp. 3d 1320 (S.D. Fla. 2015). “However, the court found that “regulatory measures make it a criminal offense to practice law without a license, see section 454.23, Fla. Stat., and the admission of attorneys to practice law is considered a judicial function, see section 454.”
Duval v. State, 744 So. 2d 523 (Fla. 2d DCA 1999). “" [3] Section 454.23, Florida Statutes (1995), provides: "Any person not licensed or otherwise authorized by the Supreme Court of Florida who shall practice law or assume or hold himself out to the public as qualified to practice in this state" is guilty of a misdemeanor.”
Morales v. Codias (In Re Codias), 78 B.R. 344 (Bankr. S.D. Florida 1987). “The fact that the violation of express trust resulted from the illegal taking of Plaintiffs’ money in the first instance rather than the misappropriation of money legally received is of no material distinction.”
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