Under applicable case law, active members of the Bar may file a specific objection to certain amicus advocacy consented to by the Executive Committee or Board of Governors.

Consistent with Rule 2-9.3, Rules Regulating The Florida Bar, objections properly filed within 45 days of this News issue will be considered for a refund of that portion of mandatory membership fees applicable to any contested amicus advocacy, within an additional 45 days. The Bar’s governing board may grant the appropriate refund to an objector or consider referring the matter to arbitration.

Any arbitration process would determine whether the amicus position advocated is within those acceptable activities for which compulsory membership fees may be used under applicable constitutional law. The objecting member’s fees allocable to the contested advocacy would be escrowed promptly upon receipt of the objection, and any refund will bear legal interest.

Any active member may provide written notice to the executive director of The Florida Bar, setting forth an objection to amicus advocacy. Failure to object within 45 days of this News issue will be considered a waiver of any right to object to the amicus position published within this notice.

Consumer Protection Law Committee
Pursuant to Standing Board Policy 8.10, on October 16, 2009, the Executive Committee consented to a filing by the Consumer Protection Law Committee in response to a request from the Fourth District Court of Appeal seeking the committee’s guidance on a question certified as one of great public importance in the case of JPG Enterprises, Inc. v. McLellan (Case No. 4D08-962): “Whether Section 501.1375, Florida Statutes [which deals with the escrow of deposits received for the purchase of residential dwelling units] applies to general contractors who contract to build a single family residence upon land owned and titled in the name of the consumer at the time the contract is signed.” The committee brief contends that F.S. §501.1375 applies to general contractors.