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March 1, 2013
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 April 19 meeting in Tampa. These matters are 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. To receive a full copy of the text of any of these proposed amendments please email eto@flabar.org. Please reference any requested proposal by its title or item number and the date of this publication.

SECTION BYLAWS

Bylaws of the Alternative Dispute Resolution Section

Establishes initial bylaws of the Alternative Dispute Resolution Section:

Article I – Establishes the name and purpose of the section.

Article II – Establishes the membership guidelines of the section, including eligibility, affiliate members, administrative year and annual dues.

Article III – Establishes the Officers of the section, including officers, election of officers, duties of officers and terms of office.

Article IV – Establishes the Executive Council of the section, including initial selection of the council, executive council, election of executive council, vacancies on the council and terms of office.

Article V – Establishes the duties including the governing body and meetings.

Article VI – Establishes the committees, including the standing committees and special committees.

Article VII — Establishes meetings of the section, including annual section meeting, annual executive council meeting and other meetings.

Article VIII — Establishes amendments to bylaws of the section.

Article IX – Establishes miscellaneous items.

RULES REGULATING THE FLORIDA BAR

Chapter 1, General

Rule 1-13.1 Time

Within subdivision (b) conforms the bar’s computation of time to the Florida Rules of Civil Procedure regarding e-mail service. Other nonsubstantive changes conform the rule to the Supreme Court style guide.

Chapter 3, Rules of Discipline

Rule 3-5.2 Emergency Suspension and Interim Probation or Interim Placement on the Inactive List for Incapacity Not Related to Misconduct [Frozen Trust Accounts]

Within subdivision (c) and new subdivisions (d) and (e), and renumbered subdivisions (h) and (k), proposed rule amendments provide a mechanism for owners of funds in a lawyer’s frozen trust account, to assert claims of ownership on these funds as part of the Bar’s referee procedures in suspension and emergency suspension cases through a referee or receiver. Remaining rule provisions are renumbered and additional non-substantive changes are made to conform to the Supreme Court styleguide.

Rule 3-5.3 Diversion of Disciplinary Cases to Practice and Professionalism Enhancement Programs

Within subdivision (c) and the comment, the proposed change allows bar members who have received a diversion to be eligible for a diversion of a different rule violation for which diversion program exists if the subsequent violation occurred one year or more after the first diversion.

Chapter 4, Rules of Professional Conduct

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

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

Chapter 7 Clients’ Security Fund Rules

Rule 7-3.1 Membership Fees Allocation

Authorizes $25 from the fee paid to The Florida Bar pursuant to rules 1-3.10 & 1-3.11 to be allocated to the Clients’ Security Fund for the payment of claims.

STANDING BOARD POLICIES

SBP 3.10 Proposed Budget; Reserve Policy

Authorizes $25 from the fee paid to The Florida Bar pursuant to rules 1-3.10 & 1-3.11 to be allocated to the Clients’ Security Fund for the payment of claims.

[Revised: 03-20-2014]