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600 Continuing Legal Education Requirement
Standing Policies of the Board of Legal Specialization and Education
6.02 REPORTING
(a) Notice of Compliance. A member who, according to The Florida Bar's records, has completed the CLE Requirement for the current reporting cycle shall be provided a notice of compliance showing hours earned. If the record is accurate, no further action need be taken for the current reporting cycle. If corrections are necessary, the member shall revise the record and return it to The Florida Bar by the member's reporting date. Notice of compliance shall constitute completion of CLER reporting under Rule 6-10.4.
(b) Reporting Affidavit. A reporting affidavit shall be provided to each member who, according to The Florida Bar's records, has not completed the CLE Requirement for the current reporting cycle. The member shall be requested to complete the necessary hours for the current reporting cycle, update the affidavit, and return it to The Florida Bar by the member's reporting date.
(c) Notice of Compliance and affidavit distribution. The board of legal specialization and education shall approve and distribute appropriate CLER forms at least 90, but no more than 120 days prior to a member's reporting date.
(d) Reporting Cycles. The board of governors may provide for staggered cycles for CLER compliance.
(e) Reporting Compliance. In reporting compliance, the member shall provide the following information regarding each CLE activity:
(1) title and sponsor;
(2) date and location;
(3) the member's involvement;
(4) number of approved CLER credit hours; and
(5) other activity constituting CLE credit.
(f) Supplemental Information. To ascertain compliance the BLSE or staff may require the member to provide information in addition to that called for on the reporting affidavit.
(g) Exemptions. The following members are exempt from compliance with CLER:
(1) A member on extended active military service during the applicable reporting period who files a report establishing that status. A member exempt under this section 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.
(2) A member who establishes 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 same constitute undue hardship, thereby exempting said member from CLER for the applicable period of the report. If the BLSE determines no undue hardship exists, the member shall be required to comply within 60 days.
(3) A member who has permanently resided outside the State of Florida, who has not engaged in the delivery of legal services within the State of Florida for the preceding year, who has not given advice or rendered services on matters or issues involving or determined by Florida procedural or substantive law for such preceding year, shall, upon request and satisfactory certification of such facts to the BLSE, be exempt from complying with CLE as established by this rule. A member exempted under this section shall not engage in the delivery of legal services within the State of Florida or give advice on matters of Florida law.
(4) Members of the full-time federal judiciary who are prohibited from engaging in the private practice of law. (1/22/88)
(5) Justices of the Supreme Court of Florida and judges of the district courts of appeal, circuit and county courts and such other judicial officers and employees as may be designated by the supreme court.
(6) Inactive members of The Florida Bar.
(7) A member exempted under sections 6.02(g)(1), (3) or (6) whose right to such exemption terminates prior to the end of the reporting period for which such exemption was granted will be required to fulfill the CLE requirements based on the pro rata portion of the reporting period for which the member is not exempt.
(8) A member exempted under section 6.02(g)(4) and (5) shall not be subject to the provisions of (7) next above. Members exempt under 6.02(g)(4) and (5) shall be assigned a reporting period at the expiration of that exemption.
6.03 CALCULATION AND ALLOWANCE OF EDUCATIONAL CREDIT
(a) Calculation of 1 Hour. 50 minutes is equivalent to 1 credit hour.
(b) Carry-Over Prohibited. The CLE required to maintain active membership in The Florida Bar must be taken after the previous reporting period and within the current reporting period. CLER credit may not be counted for more than 1 reporting period and may not be carried forward to subsequent reporting periods.
(c) Evidence of Compliance. A reporting affidavit or notice of compliance showing participation in 30 hours of approved CLE including the 5-hour ethics, professionalism, mental illness awareness, or substance abuse requirement shall constitute compliance with CLER. Repeating a course during a member’s CLER reporting cycle shall not be a basis for additional credit.
6.04 PROCEDURES ON NONCOMPLIANCE AND NOTICE OF DELINQUENCY
(a) Determination of Noncompliance. Reporting affidavits shall be reviewed to determine compliance. Noncompliance shall include, but not be limited to, incomplete reports, unexecuted reports, failure to timely file a report and failure to report sufficient CLER credit.
(b) Notice of Delinquency. The BLSE shall prepare and serve notice of delinquency on a member determined to be in noncompliance with CLER. Notice shall be effective if in writing and served at the member's record bar address or last known address, if any.
(c) Suspension for Noncompliance. In cases where a member has been deemed delinquent and notified pursuant to 6.10(b) such member shall be suspended from the practice of Florida law.
(d) Appeals. A determination of noncompliance by the BLSE may be appealed to the board of governors. Appeals shall be governed by Standing Policies of the Board of Legal Specialization and Education, 400. Appeals Procedures.
6.05 REINSTATEMENT
A delinquent member may be reinstated upon payment of a fee of $100, petition to the executive director and certification by the BLSE of compliance with CLER. Denial of reinstatement may be reviewed by petition to the Supreme Court of Florida.
(a) Members who have been delinquent in CLER compliance for 3 years or less may be reinstated by the executive director.
(b) Members who have been delinquent in CLER compliance for more than 3 years but less than 5 years may be reinstated only by the board of governors.
(c) Members who have been delinquent in CLER compliance for 5 years or more may be reinstated only by the Florida Board of Bar Examiners.
6.06 CONFIDENTIALITY
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 far as is necessary for the BLSE to develop facts and determine the issue of compliance with CLER.
6.01 ADMINISTRATION
(a) The BLSE shall administer the CLER program.
(b) The BLSE shall provide notice to each member of the member's reporting date.
6.02 REPORTING
(a) Notice of Compliance. A member who, according to The Florida Bar's records, has completed the CLE Requirement for the current reporting cycle shall be provided a notice of compliance showing hours earned. If the record is accurate, no further action need be taken for the current reporting cycle. If corrections are necessary, the member shall revise the record and return it to The Florida Bar by the member's reporting date. Notice of compliance shall constitute completion of CLER reporting under Rule 6-10.4.
(b) Reporting Affidavit. A reporting affidavit shall be provided to each member who, according to The Florida Bar's records, has not completed the CLE Requirement for the current reporting cycle. The member shall be requested to complete the necessary hours for the current reporting cycle, update the affidavit, and return it to The Florida Bar by the member's reporting date.
(c) Notice of Compliance and affidavit distribution. The board of legal specialization and education shall approve and distribute appropriate CLER forms at least 90, but no more than 120 days prior to a member's reporting date.
(d) Reporting Cycles. The board of governors may provide for staggered cycles for CLER compliance.
(e) Reporting Compliance. In reporting compliance, the member shall provide the following information regarding each CLE activity:
(1) title and sponsor;
(2) date and location;
(3) the member's involvement;
(4) number of approved CLER credit hours; and
(5) other activity constituting CLE credit.
(f) Supplemental Information. To ascertain compliance the BLSE or staff may require the member to provide information in addition to that called for on the reporting affidavit.
(g) Exemptions. The following members are exempt from compliance with CLER:
(1) A member on extended active military service during the applicable reporting period who files a report establishing that status. A member exempt under this section 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.
(2) A member who establishes 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 same constitute undue hardship, thereby exempting said member from CLER for the applicable period of the report. If the BLSE determines no undue hardship exists, the member shall be required to comply within 60 days.
(3) A member who has permanently resided outside the State of Florida, who has not engaged in the delivery of legal services within the State of Florida for the preceding year, who has not given advice or rendered services on matters or issues involving or determined by Florida procedural or substantive law for such preceding year, shall, upon request and satisfactory certification of such facts to the BLSE, be exempt from complying with CLE as established by this rule. A member exempted under this section shall not engage in the delivery of legal services within the State of Florida or give advice on matters of Florida law.
(4) Members of the full-time federal judiciary who are prohibited from engaging in the private practice of law. (1/22/88)
(5) Justices of the Supreme Court of Florida and judges of the district courts of appeal, circuit and county courts and such other judicial officers and employees as may be designated by the supreme court.
(6) Inactive members of The Florida Bar.
(7) A member exempted under sections 6.02(g)(1), (3) or (6) whose right to such exemption terminates prior to the end of the reporting period for which such exemption was granted will be required to fulfill the CLE requirements based on the pro rata portion of the reporting period for which the member is not exempt.
(8) A member exempted under section 6.02(g)(4) and (5) shall not be subject to the provisions of (7) next above. Members exempt under 6.02(g)(4) and (5) shall be assigned a reporting period at the expiration of that exemption.
6.03 CALCULATION AND ALLOWANCE OF EDUCATIONAL CREDIT
(a) Calculation of 1 Hour. 50 minutes is equivalent to 1 credit hour.
(b) Carry-Over Prohibited. The CLE required to maintain active membership in The Florida Bar must be taken after the previous reporting period and within the current reporting period. CLER credit may not be counted for more than 1 reporting period and may not be carried forward to subsequent reporting periods.
(c) Evidence of Compliance. A reporting affidavit or notice of compliance showing participation in 30 hours of approved CLE including the 5-hour ethics, professionalism, mental illness awareness, or substance abuse requirement shall constitute compliance with CLER. Repeating a course during a member’s CLER reporting cycle shall not be a basis for additional credit.
6.04 PROCEDURES ON NONCOMPLIANCE AND NOTICE OF DELINQUENCY
(a) Determination of Noncompliance. Reporting affidavits shall be reviewed to determine compliance. Noncompliance shall include, but not be limited to, incomplete reports, unexecuted reports, failure to timely file a report and failure to report sufficient CLER credit.
(b) Notice of Delinquency. The BLSE shall prepare and serve notice of delinquency on a member determined to be in noncompliance with CLER. Notice shall be effective if in writing and served at the member's record bar address or last known address, if any.
(c) Suspension for Noncompliance. In cases where a member has been deemed delinquent and notified pursuant to 6.10(b) such member shall be suspended from the practice of Florida law.
(d) Appeals. A determination of noncompliance by the BLSE may be appealed to the board of governors. Appeals shall be governed by Standing Policies of the Board of Legal Specialization and Education, 400. Appeals Procedures.
6.05 REINSTATEMENT
A delinquent member may be reinstated upon payment of a fee of $100, petition to the executive director and certification by the BLSE of compliance with CLER. Denial of reinstatement may be reviewed by petition to the Supreme Court of Florida.
(a) Members who have been delinquent in CLER compliance for 3 years or less may be reinstated by the executive director.
(b) Members who have been delinquent in CLER compliance for more than 3 years but less than 5 years may be reinstated only by the board of governors.
(c) Members who have been delinquent in CLER compliance for 5 years or more may be reinstated only by the Florida Board of Bar Examiners.
6.06 CONFIDENTIALITY
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 far as is necessary for the BLSE to develop facts and determine the issue of compliance with CLER.
[Revised: 01-04-2013]
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