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 June 2, 2006 meeting in Key West 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. 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 1-3.7 Reinstatement to Membership.
Summary: Within subdivision (a), revises verbiage so that provision effectively relates to all types of membership delinquencies. Subchapter 1-7 Membership Fees and Fiscal Control

2. Rule 1-7.5 Retired, Resigned, Inactive, Delinquent Members
Summary: Deletes “resigned” members from text that lists those members who shall not practice law until reinstated; revises title likewise.
Chapter 3 Rules of Discipline
Subchapter 3-5 Types of Discipline

3. Rule 3-5.1 Generally
Summary: Consistent with proposed changes within rule 3-7.9(d), adds language within subdivisions (e) and (f) – re suspension and disbarment – to clarify that such disciplinary actions shall include, unless waived or modified by the court on motion of the respondent showing good cause, a prohibition on the lawyer accepting new business from the date of the order of discipline, effective 30 days thereafter and until such term of discipline has expired.
Subchapter 3-7 Procedures

4. Rule 3-7.9 Consent Judgment
Summary: Consistent with proposed changes within rule 3-5.1(e) and (f), adds language within subdivision (d) – re content of conditional pleas – to clarify that all such pleas agreeing to suspension or disbarment shall include, unless waived or modified by the court on motion of the respondent showing good cause, a prohibition on the lawyer accepting new business from the date of the order of discipline, effective 30 days thereafter and until such term of discipline has expired.
Chapter 6 Legal Specialization and Education Programs
Subchapter 6-3 Florida Certification Plan

5. Rule 6-3.9 Manner of Certification
Summary: Within subdivision (a), adds an option for certified lawyers to use the initials “B.C.S.” to indicate they are board certified specialists in an abbreviated manner; further specifies appropriate contexts for the use of such initials.
Subchapter 6-10 Continuing Legal Education Requirement Rule

6. Rule 6-10.3 Minimum Hourly Continuing Legal Education Requirements
Summary: Regulatory systems should require that lawyers, as part of their mandatory continuing legal education either through a separate credit or thorough existing ethics and professionalism credits, complete programs related to the promotion of racial and ethic diversity in the legal profession, the promotion of full and equal participation in the profession of women and persons with disabilities and the elimination of all forms of bias in the profession.
Subchapter 6-16 Standards for Certification of a Board Certified Business Litigation Lawyer

7. Rule 6-16.3 Minimum Standards
Summary: Consistent with proposed changes in rule 6-16.4(b), adds language within subdivision (b), to allow completion of particular advanced trial advocacy seminars to substitute for 1 of the 8 required matters submitted to the trier of fact for resolution; deletes current reference to “complex” in definition of “protracted adversary proceeding” and adds further clarification that such proceedings are “business litigation” matters.

8. Rule 6-16.4 Recertification
Summary: Consistent with proposed changes in rule 6-16.3(b), adds language within subdivision (b), to allow completion of advanced trial advocacy seminars to substitute for 1 of the 5 required matters submitted to the trier of fact for resolution.
Chapter 14 Grievance Mediation and Fee Arbitration
Subchapter 14-4 Institution of Proceedings

9. Rule 14-4.1 Arbitration Proceedings
Summary: Amends subdivisions (a) and (b), and adds new subdivisions (c), (d), (e) and (f) to conform procedures for the institution of bar fee arbitration with the procedures applicable to grievance mediation.

10. Chapter 20 - Florida Registered Paralegal Program
Summary: New chapter setting forth standards to establish new Florida Registered Paralegal Program; establishes a two-tiered system.

STANDING BOARD POLICIES
400 Series - Membership and Dues

11. Standing Board Policy 4.30 Dues for Faculty Affiliate Members of The Florida Bar
Summary: Deletes $25 annual dues, and substitutes therefore an amount “set by the Board of Governors.”
500 Series - Committees, Sections, and Divisions

12 Standing Board Policy 5.63 Administrative Support Policy
Summary: Within subdivision (a), adds language stating that the section expenses used in calculating general and administrative allocations will be reduced by the amount of sponsorships collected in the year.
1500 Series - Lawyer Regulation Policies

13 Standing Board Policy 15.45 Policy in Bankruptcy Proceedings
Summary: New policy, providing direction to staff as to what actions should be undertaken in various bankruptcy proceedings to protect the Bar’s interests when the petitioner has unpaid disciplinary costs.

BYLAWS
14 Administrative Law Section Bylaws
Summary: Within Article I, adds title (Description) and creates new Section 3 (Aspirational Goal) regarding a balanced executive council membership of both government attorneys and private practitioners; within Article II, Section 3 (Membership – Annual Dues) deletes $25 cap on dues; within Article III, Section 4 (Officers – Election of Officers) revises nominations process, to require nominations by a nominating committee of the executive council rather than the full council; within Article IV (Executive Council) deletes duplicative provision in Section 1 (Governing Body) regarding council meetings, and creates new Section 5 (Duties) regarding council member participation in section, Florida Bar, or other sections’ activities; within Article V (Meetings) adds new title and provisions within Section 1 (Meetings of the Membership) and new Section 2 (Meetings of the Executive Council) specifying revised procedures for calling and conducting both regular and special meetings of the section and executive council, including new quorum and absence provisions for executive council meetings; within Article VI (Committees) revises descriptions of various standing committees, adds new Law School Outreach and Nominating Committees, and allows for establishment of ad hoc committees by the chair; includes other non-substantive edits and revises existing subdivision entries as necessary.

15 Labor & Employment Law Section Bylaws
Summary: Amends Article II, Section 5 to increase the section’s annual dues from $25 to $40.