SB 1918 Summary

• Defines lawyer referral services and medical referral services as group advertising programs using common contact information that refer clients only to participating providers, with exemptions for non-profit bar association and legal aid programs.

• Requires all motor vehicle accident-related advertising by medical and lawyer referral services to disclose office locations, prohibit false or misleading claims, ban testimonials by actors without disclaimers, and prohibit any connection to public safety officers or agencies without written consent.

• Mandates lawyer referral services file advertisements with The Florida Bar accompanied by a sworn affidavit and display the statement: "This advertisement is by a lawyer referral service. Lawyers may pay this service for referrals of prospective clients who respond to this advertisement. This lawyer referral service is not licensed to provide legal services in Florida."

• Requires referral services to provide written disclosure of any financial interest with referred health care providers or law firms; prohibits lawyer referral services from requiring participating lawyers to recommend specific health care providers; prohibits medical referral services from making referrals only to clinics in which they have financial interest.

• Imposes civil penalties of $1,000 for first violations and $5,000 for subsequent violations; allows private enforcement with attorney's fees recovery; classifies knowing violations after initial adjudication as second-degree misdemeanor; treats violations as unfair or deceptive trade practices under Florida law; effective July 1, 2011.