700 Basic Skills Course Requirement
Responsibility. The BLSE shall administer the basic skills course requirement (hereafter BSCR) program, provided that the young lawyers division (hereafter YLD) of The Florida Bar shall conduct the basic skills course seminars, including all substantive and procedural matters involving course selection and content, speaker selection and other similar matters.
(a) Establishment of deferment. A member may defer compliance with either component of BSCR if eligible under the Rules Regulating The Florida Bar. Deferment shall be initiated by filing a statement of eligibility with the BLSE and accomplished upon the member’s receipt of confirmation of such eligibility. Such deferment will remain in effect until such time as the member is no longer eligible.
(b) Active military duty. If active military duty is cited as the basis for deferral, the member shall not engage in the delivery of legal services within the State of Florida or give advice on matters of Florida law except as required by the member’s military duties.
(c) Governmental service. If governmental service is cited as the basis for deferral, the member shall not engage in the delivery of legal services within the state of Florida or give advice on matters of Florida law except as required by the member’s governmental duties.
(d) Undue hardship. If undue hardship is cited as the basis for deferral, the member must establish to the satisfaction of the BLSE special circumstances unique to that member which constitute undue hardship. Such member shall report, in the form prescribed, such special circumstances constituting undue hardship. Upon receipt of a timely-filed report the BLSE shall review the special circumstances unique to the member and determine whether they constitute undue hardship, thereby permitting said member to defer compliance from BSCR for the applicable period. If the BLSE determines no undue hardship exists, the member may request a 6-month extension for compliance.
(e) Foreign attorneys and repetition of BSCR. Nothing herein shall be construed to be in opposition to rule 2.060, Florida Rules of Judicial Administration, dealing with practice by foreign attorneys, or to require an attorney to complete the BSCR more than once.
Establishment of exemption. A member may be exempt from BSCR if eligible under the Rules Regulating The Florida Bar. An exemption shall be initiated by filing a statement of eligibility with the BLSE and accomplished upon the member’s receipt of confirmation of such eligibility.
(a) Evidence of compliance. Compliance shall be determined through the course registration and attendance records of The Florida Bar.
7.05 PROCEDURES ON NONCOMPLIANCE AND APPEAL
(a) Determination of noncompliance. Noncompliance shall include, but not be limited to, failure to complete the BSCR, failure to establish eligibility for deferral, failure to request an extension for compliance, and failure to establish an exemption.
(b) Notice of delinquency. The BLSE shall prepare and serve notice on a member determined to be in noncompliance. Notice shall be effective if in writing and served at the member's record Bar address or last known address, if any.
(c) Sanction for noncompliance. In cases where noncompliance has been determined, and no reasonable cause for noncompliance exists, the member shall be deemed delinquent in accordance with rule 1-3.6, Rules Regulating The Florida Bar.
(d) Appeals. A determination of noncompliance by the BLSE may be appealed to the board of governors. Appeals shall be governed by the 400 series policies.
A member deemed delinquent may be reinstated upon payment of a reinstatement fee of $150, petition to the executive director, and demonstration of compliance with BSCR. If noncompliance has been determined, but reasonable cause exists therefor, the member may be conditionally reinstated and allowed an extension of 6 months in which to complete the BSCR. A member who has been delinquent for:
(a) 3 years or less may be reinstated by the executive director;
(b) 3-5 years may be reinstated only by the board of governors.
(c) 5 years or more may be reinstated only by the Florida Board of Bar Examiners.
All records, files, and proceedings on noncompliance shall be confidential. Disclosure of the existence of proceedings on noncompliance may be made in response to inquiries regarding the status of the member on written request of the member and as is necessary for the BLSE to develop facts and determine the issue of compliance with BSCR.