Skip Navigation

Lawyer Regulation

Rules Updates

If you are filing comments with the Supreme Court of Florida in an existing rules case, you must submit the original and 9 copies, in addition to a submission by e-mail to e-file@flcourts.org. Please see Administrative Order AOSC04-84 for further guidance.

Notice of Board Action on Proposed Amendments to the Rules Regulating The Florida Bar

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 on proposed amendments at its December 11, 2009 meeting in Amelia Island, Flroida. (Click here to see a list and summary.) 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 click here or call (850)561-5751. Please reference any requested proposal by its title and number.
Report Filed
In Case No. SC06-736, involving one of The Florida Bar’s periodic petitions that seek revisions to its various regulatory rules, the Bar proposed changes in the procedures that govern how the Supreme Court of Florida considers suggested amendments to the Rules Regulating The Florida Bar. The Bar’s petition recommended a more informal “conference and dialogue” process as an alternative to what proponents of the proposal termed the “case and controversy” format of such proceedings.

In the December 20, 2007 opinion of the Supreme Court in that case, In Re: Amendments to the Rules Regulating the Florida Bar, 978 So.2d 96 (Fla. 2007), the court did not adopt that proposed rule because the conference and dialogue concept raised issues that the court thought should be further studied by the Bar before any such process was implemented. The court therefore requested that The Florida Bar undertake and submit a report addressing how, in states where high courts have procedural or bar rulemaking authority, those tribunals process proposed rule amendments.

The Supreme Court also stated that the Bar’s report should address the issue of ex parte communications in rulemaking. Further clarified, the court questioned whether an informal conference and dialogue process might create the appearance that justices were not impartial, as they might inadvertently communicate with some, but not all, interested parties in a matter – for example, if an interested party contacted a justice by phone call or e-mail under such a procedure.

Consistent with the court’s directions, The Florida Bar filed that report on state court’s rules process with the clerk’s office on June 2, 2009.

090601 Final Report & Appendices - Case SC06-736 - High Ct Rules Processes.pdf
This document was created using Adobe Acrobat Pro 9. If you attempt to open the document using Adobe Acrobat 7 or 8 you may experience difficulties opening or viewing the files within it. If you get a message from Adobe indicating this, you can resolve the issue by clicking "OK" and then clicking on the "Attachments" tab. You may also upgrade to Adobe Reader 9 for free at www.adobe.com/acrobat.

RULES REGULATING THE FLORIDA BAR
A full record of the following cases can be found on the Florida Supreme Court web site, www.floridasupremecourt.org

Bar Rule Opinions

Effective January 1, 2010
SC08-1181 Amendments to the Rules Regulating The Florida Bar -- Rule 4-7.6, Computer Accessed Communications
On November 19, 2009, the Supreme Court of Florida adopted rules regarding computer accessed communications in rule 4-7.6 of the Rules Regulating The Florida Bar. In re: Amendments to the Rules Regulating The Florida Bar -- Rule 4-7.6, Computer Accessed Communciations, SC08-1181. effective January 1, 2010.

Effective February 1, 2010
SC08-1890 Amendments to the Rules Regulating The Florida Bar -- Master File
On November 19, 2009, the Supreme Court of Florida adopted rules issued an opinion regarding the Rules Regulating The Florida Bar. In re: Amendments to the Rules Regulating The Florida Bar, SC08-1890. effective February 1, 2010.

Effective June 11, 2009
SC08-1981 Amendments to the Rules Regulating The Florida Bar -- New Certification Areas Subchapter 6-27 [Education] and Subchapter 6-28 [Adoption]
On June 11, 2009, the Supreme Court of Florida adopted rules regarding two new areas of board certification -- education law and adoption law to Chapter 6 of the Rules Regulating The Florida Bar. In re: Amendments to the Rules Regulating The Florida Bar -- Rules 6-27 and 6-28, SC08-1981. effective June 11, 2009.





Bar Rule Petitions Filed

October 7, 2008
SC08-1890 Amendments to the Rules Regulating The Florida Bar (Master Filing)
The Florida Bar filed a petition with the Florida Supreme Court on October 7, 2008, to amend various Rules Regulating The Florida Bar. See the links below or the Florida Supreme Court Web site for details.
All amendments are presented here in one petition.

Final Petition
Appendix A – Full Text of Proposed Rule ChangesOfficial Notice & Bar News Articles
Appendix B – Extracted Text of Proposed Rule Change in 2-column format
Appendix C – Official News Notice of Intent to File Petiton (9/1/08)
Appendix D – Background Materials
Appendix E - Comments received regarding rule 4-1.5

January 27, 2009
SC09-394 Rules Regulating The Florida Bar, Rule 4-7.1 Lawyer to Lawyer and Lawyer to Client Communications
The Supreme Court of Florida, in its opinion in the case of In re:Amendments to the Rules Regulating the Florida Bar - Advertising, 971 So. 2d 763 (Fla. 2007 Case No. SC05-2l94). declined to adopt proposed amendments to rule 4-7.1 of the Rules Regulating The Florida Bar but invited the bar to provide further support for the bar’s position at a later date. The Board Review Committee on Professional Ethics examined the proposal and requested comments from Florida Bar members via articles in The Florida Bar News. The Research, Planning, & Evaluation Department of The Florida Bar also conducted a survey of 2,627 in-state Florida Bar members. On January 27, 2009, The Florida Bar presented the committee and survey report requesting that the Court amend rule 4-7.1, Rules Regulating The Florida Bar in the manner requested in the Bar’s original petition. Comments were received and a Response to the Comments was filed by The Florida Bar on May 21, 2009. A copy of the documents may be found by following the links below or on the Court's website (www.floridasupremecourt.org).

SC09-394 In Re: Amendments to Rule Regulating The Florida Bar 4-7.1 - Lawyer-to-Lawyer and Lawyer-to-Client Communications -
Petition - filed 01/27/09
Appendix A - filed 01/27/09
Appendix B - filed 01/27/09
Appendix C - filed 01/27/09
Comments (Wagner) - filed 02/12/09
Supplement to Comments (Wagner) - filed 03/09/09
Publication Notice - issued 03/10/09
Comments (Wagner) - filed 04/16/09
Comments (Chinaris) - filed 04/30/09
Comments (Searcy, et. al) - filed 05/01/09
Response - filed 05/21/09

February 11, 2009
SC09-250 Approval of Revisions to Simplified Forms Pursuant to Rule 10-2.1(a) of the Rules Regulating The Florida Bar
The Florida Bar filed a petition with the Florida Supreme Court on February 11, 2009 to amend certain Supreme Court Approved Forms. The amended forms are the 2000 version of the Residential Lease for Single Family Home and Duplex (for a term not to exceed one year), the Residential Lease for Apartment or Unit in Multi-Family Rental Housing (Other Than A Duplex) Including a Mobile Home (for a term not to exceed one year) and residential landlord-tenant eviction forms. The amendments primarily reflect statutory changes adopted since the forms were last amended. In addition, The Florida Bar is recommending that the Residential Lease for Unit in Condominium or Cooperative (for a term not to exceed one year) be deleted as it is being combined with the Multi-Family lease and that the 1992 version of the Residential Lease for Single Family Home and Duplex (for a term not to exceed one year) be deleted.
A copy of the forms may be found at by following the links below. You may also request a copy of the forms by contacting the UPL Department, The Florida Bar, 651 East Jefferson St., Tallahassee, Florida 32399-2300 or calling 850/561-5840. August 10, 2009
SC09-1427 Amendments to the Rules Regulating The Florida Bar -- Rules 6-12.3 and 6-12.4 (Basic Skills Course Requirements)
The Florida Bar filed a petition with the Florida Supreme Court on August 10, 2009 to amend rules 6-12.3 and 6-12.4 -- basic skills course requirements. The amendments are being requested out of cycle and on an expedited basis in order to provide immediate economic relief to Florida Bar members. Rules 6-12.3 and 6-12.4 rules currently require in-person attendance of Florida Bar members at three basic skills courses sponsored by the Young Lawyers Division ("YLD"). The amendments would remove the requirement for in-person attendance at these basic skills courses and would instead permit the bar to offer basis skills courses online via electronic seminars as well as in person. The requirement for in-person attendance at the "Practicing with Professionalism" program sponsored by the YLD would remain. Additionally, the initial live presentations at which the video recording is made would remain available to those lawyers who prefer to attend in person with live presenters. The change would reduce costs of the basis skills courses for both the bar and the lawyers required to take the courses, and greatly increase availability and convenience of the programs.
SC09-1427 -- filed 8/10/09 Basic Skills Petition and Appendixes.pdf

To view all proposed amendments to the Rules Regulating The Florida Bar or the Florida Rules of Court Procedure, please see the Supreme Court web site.

Oral Argument

[Revised: 11-19-2009 ]