Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar hereby publishes this notice of intent to consider or take final action at its December 11 meeting in Amelia Island on the following items. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar, where applicable. Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally presented to the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective. To receive a full copy of the text of any of these proposed amendments call (850)561-5751. Please reference any requested proposal by its title or item number and date of this publication.

RULES REGULATING THE FLORIDA BAR

Chapter 1 General

Subchapter 1-3 Membership

1. Rule 1-3.6 Delinquent Members

Summary: Within subdivisions (d) and (f), deletes provision that permits extension of deadlines by the Board of Governors for restitution or an award in fee arbitation proceedings.

2. Rule 1-3.10 Appearance By Non-Florida Lawyer in a Florida Court

Summary: Adds commentary defining what constitutes an appearance for purposes of the rule and that a non-Florida lawyer making an appearance in a Florida court is required to comply with rule 2.510 of the Fla. R. Jud. Admin. Adds commentary providing an explanation and example of how to calculate the number of appearances in a 365 day period.

Chapter 4 Rules of Professional Conduct

Subchapter 4-1 Client-Lawyer Relationship

3. Rule 4-1.5 Fees and Costs for Legal Services

Summary: Within the comment to rule 4-1.5, adds that lawyers may have statutory restrictions on fees, including in areas such as workers compensation.

4. Rule 4-1.12 Former Judge or Arbitrator, Mediator or Other Third-Party Neutral

Summary: Within the comment to rule 4-1.12, adds “or court-appointed” to clarify that Florida Bar members who are either certified or court-appointed mediators are governed by applicable law and rules relating to certified or court-appointed mediators.

Subchapter 4-2 Counselor

5. Rule 4-2.4 Lawyer Serving as Third-Party Neutral

Summary: Within the second paragraph of the comment to rule 4-1.12, adds “or court-appointed” before mediator to indicate that a person who is either a certified or court-appointed mediator is governed by applicable law and rules relating to certified mediators.

Subchapter 4-7 Information About Legal Services

6. Rule 4-7.10 Lawyer Referral Services

Summary: Creates new subdivision (b)(11) which requires for-profit lawyer referral services to include in all advertisements that lawyers to whom cases are referred pay to participate in the lawyer referral service.

Subchapter 4-8 Maintaining the Integrity of the Profession

7. Rule 4-8.3 Reporting Professional Misconduct

Summary: Within new subdivision (c)(2) and the comment, adds an exception to the requirement that lawyers report professional misconduct of other lawyers for lawyers who serve as mediators or mediation participants if the information is privileged or confidential under applicable law. Within subdivision (c), amendments organize the subdivision into separate subdivisions and make grammatical changes not intended to change substance of the rule, other than new subdivision (c)(2) as discussed above.

Chapter 10 Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law

Subchapter 10-2 Definitions

8. Rule 10-2.1 Generally

Summary: Moves subdivision (a)(1) of rule 10-2.1 to subdivisions (a) and (c) of new rule 10-2.2; moves subdivision (a)(2) to subdivision (b) of rule 10-2.1; moves subdivision (a)(3) to subdivision (c) of 10-2.1; makes minor editiorial changes throughout.

9. Rule 10-2.2 Form Completion by a Nonlawyer

Summary: Creates new rule to clarify and define the unlicensed practice of law when a nonlawyer is assisting with completion of forms; subdivision (a) contains language moved from subdivision (a)(1) of rule 10-2.1 to define what a nonlawyer is allowed to do when assisting with completion of a Supreme Court Approved Form and further clarify that a nonlawyer cannot give legal advice; subdivision (b) codifies case law explaining what a nonlawyer can and cannot do when completing a form which has not been approved by the Supreme Court of Florida; subdivision (c) contains language moved from subdivision (a)(1)(A) –(C) of rule 10-2.1 to define language that must be on each form or included in the disclosure statement.
Subchapter 10-6 Procedures for Investigation

10. Rule 10-6.2 Subpoenas

Summary: Amends rule to conform to rules of civil procedure regarding return or subpoena.

11. Rule 10-6.3 Recommendations and Disposition of Complaints

Summary: Within subdivision (a), removes “forward a” from the rule as reports are given at meetings.
Subchapter 10-7 Proceedings Before a Referee

12. Rule 10-7.1 Proceedings for Injunctive Relief

Summary: Within subdivision (e)(1), amends timeframe from 10 days to 20 days for the reply brief to conform to Rules of Appellate Procedure.

13. Rule 10-7.2 Proceedings for Indirect Criminal Contempt

Summary: Within subdivision (d), amends the timeframe the reply brief is due from 10 days to 20 days to conform to Rules of Appellate Procedure.

Chapter 20 Florida Registered Paralegal Program

Subchapter 20-7 Code of Ethics and Responsibility

14. Rule 20-7.1 Generally

Summary: Within subdivision (a) , clarifies language that can be used to meet disclosure requirement.

STANDING BOARD POLICIES

500 Series – Committees, Sections and Divisions

15. Standing Board Policy 5.10 Standing Committees

Summary: Sunsets the Physician-Attorney Relations Committee and the Committee on Relations with CPAs and FICPAs

600 Series Continuing Legal Education

16. Standing Board Policy 6.30 - Fees for CLE Courses

Summary: Increases the nonmember surcharge for CLE courses from $25 to an amount equal to section dues.

BOARD OF LEGAL SPECIALIZATION AND EDUCATION POLICIES

17. BLSE Policy 2.10, Approved Continuing Legal Education

Summary: Within subdivision (b), reconfigures CLE calculation for grade review panel service from 5 hours for panel service to a maximum of 5 hours per petition reviewed; within new subdivision (c), specifies the maximum amount of CLE that may be granted for preparation of certification examination questions and model answers; revises other subdivision entries as editorially necessary to accommodate this new matter.

18. BLSE Policy 3.03, Eligibility for Accreditation

Summary: Within subdivision (f), adds that for a certification program to be eligible for accreditation, the program’s certified lawyers must continue to satisfy requirements comparable to, and no less than, the Florida certification requirements;

19. BLSE Policy 3.04, Minimum Standards for Lawyer Certification

Summary: Within subdivision (a), clarifies that satisfying standards “comparable to, but no less than, those required for certification under the Florida plan,” where the same or similar specialty area exists under the Florida plan, includes passage of the Florida certification exam; and within subdivision (a)(3), removes the language indicating that the certification program’s examination pass/fail level, consistency of test results and content are factors that will be used to judge the suitability of the examination of a program that is an area that does not exist under the Florida plan;

20. BLSE Policy 3.10, BLSE Action

Summary: Within subdivision (a), extends the period of evaluation from 60 to 120 days; and

21. BLSE Policy 3.15, Annual Renewal

Summary: Removes the annual accreditation renewal requirement that the organization shall indicate the current status of each accreditation program and shall submit an explanation of any changes to its standards or examination, and, instead, clarifies that the certification program shall submit its latest certification exam and documentation showing it continues to satisfy the requirements set forth in Policy 3.04.

22. BLSE Policy 3.16, Fees

Summary: Increases the application fee for accreditation from $750 to $1,500 and increases the annual renewal fee from $250 to $500.

OTHER RULES, REGULATIONS, and BYLAWS

23. Regulations of the Clients’ Security Fund -- Payment and Caps

Summary: Within subdivision (b), allows for the payment of claims based on attorney’s fees as approved.

24. Fee Arbitration Procedural Rules -- Rule II(a) - Selection of Arbitrators

Summary: Increases the amount in controversy from $15,000 to $75,000 or less in order for a single arbitrator to be appointed.

25. Appellate Practice Section Bylaws

Summary: Within Article II, creates affiliate membership status to the section for law students and law professors who are not members of The Florida Bar.