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November 15, 2012
Proposed board actions

Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar publishes this notice of intent to consider the following items at its December 7, 2012 meeting in Amelia Island. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar. Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally filed with the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective. Clients’ Security Fund Regulations and section bylaws are final on Board of Governors approval. To receive a full copy of the text of any of these proposed amendments please email rburke@flabar.org. Reference any requested proposal by its title or item number and date of this publication.

Subchapter 4-5

1. Rule 4-5.5 Unlicensed Practice of Law; Multijurisdictional Practice of Law

Adds language to comment to clarify what constitutes a regular presence for the practice of law in Florida.

2. CSF Regulation B 5 Claim Prerequisites

New regulation setting forth what may be considered for proof of payment for a Clients’ Security Fund claim.

3. CSF Regulation C 3 Claims Ordinarily Denied (Comment)

Adds comment to regulation C3 explaining that where there is no attorney-client relationship, the claim will be denied.

SECTION BYLAWS

4. Criminal Law Section

Article I

Section 2(a): Added in the Purposes clause “the practice of” criminal law and deleted “proceedings”.

Section 2(d): Deleted “and recommend to” the Legislature and deleted “substantive changes in the law” and instead inserted to advise the Legislature “as to recommendations which would benefit the criminal justice system.”

Section 2(e): Inserted “criminal” in the phrase “standard jury instructions” and added “and rules of criminal procedure”. Also deleted “in the criminal area”.

Section 2(h): Manner of sentencing was clarified by inserting “and make recommendations relating to alternatives to sentencing”, “and thus” was deleted and in its stead “so as to” was inserted.

Section 2(i) (Old): Paragraph was completely deleted.

Section 2(j)(Old): Section and paragraph re-lettered to 2(i).

Article II

Section 2(New): This is a new section relating to affiliate membership. Law students and law professors with an interest in criminal law and attorneys who practice criminal law in federal court but are not members of The Florida Bar can become affiliate members upon paying the annual section dues. Affiliate members are non-voting members of the section.

Justification: The section wanted to open up affiliate membership with the goal of greater involvement in Florida Bar activities by those individuals who are otherwise not engaged.

Section 3 (Old Section 2): Re-numbered to Section 3 due to the new Section 2 for affiliate membership.

Section 4 (Old Section 3): Re-numbered to Section 4 due to the new Section 2 for affiliate membership.

Article III

Section 3: The language relating to the first year of the creation of the Section was deleted as it no longer applies.

Section 4(a): The chair was given total authority to appoint committees and committee chairs without the approval or concurrence of the Executive Council.

Section 4(c): Succession language was inserted should the chair and chair-elect be unable to serve.

Section 4(d): Succession language was inserted should the chair, chair-elect and secretary be unable to serve.

Section 5(e): The language relating to the initial members of the Executive Council appointed by the President of The Florida Bar was deleted.

Article IV

Section 1: Provides new provision under the Duties and Powers of Executive Council and Executive Committee that all binding action of the executive council shall be by majority vote and a quorum consists of a majority of voting members. It states that voting shall be as provided for in the bylaws.

Section 3: New section allowing the chair and at least 2 other officers of the section to submit a proposition to the executive council for voting, upon the written request of a majority of the executive council.

Article V

Section 1: The section was deleted as it provided for the initial selection of the executive council when the council was created.

Section 2 through 6: Sections 2 through 6 were renumbered 1 through 5. In the new section 4 the word “meeting” was inserted after annual Section.

Article VI

Section 1: The standing committees of Ethics, Jury Instructions, Sentencing, and Education were eliminated and in their place Capital Cases, Selig Goldin, P/PD (Prosecutor/Public Defender Trial Advocacy Program), CLE, Communications and Long Range Planning were inserted. The standing committees now consist of Capital Cases, Legislative, Selig Goldin, P/PD, CLE, membership, Communications and Long Range Planning.

Article VII

Section 1: This section was eliminated which called for the annual section meeting to be held in conjunction with the annual meeting of TFB.

Section 2: This section has been renumbered as section 1 due to the deletion of Section 1 as described above. New language has been inserted welcoming all members of the CLS to the meeting of the Executive Council at the annual meeting of TFB.

Section 3: This section has been renumbered as section 2 due to the deletion of section 1 as described above. The 30 day notice requirement for other regular or special meetings has been eliminated.

Section 3: This Section and its sub-paragraphs, (a) General, (b) Quorum and Voting, and (c) Attendance were moved from Article IV- Duties and Powers of Executive Council and Executive Committee to this Article which is entitled “Meetings” as it fits more appropriately under this Article. Under paragraph (a) General, new language was inserted which allows for meetings to be conducted telephonically. Language was also inserted allowing members to be present either physically, telephonically or by electronic face to face communication at a regular meeting. New language was also inserted allowing for the Chair to submit by electronic or written correspondence any proposition upon which the Council may be authorized to act at meetings. Under paragraph (b) Quorum and Voting, some minor grammatical changes were made and new language was inserted reflecting the ability of Council members to vote on matters physically, telephonically or electronically. In paragraph (c) Attendance a minor grammatical change was made in the first sentence inserting “and of” after a comma and in the second sentence “him” was deleted and replaced with the gender neutral “the member”.

[Revised: 07-10-2013]