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Proposed board action

Regular News

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 October 16, 2015, Board of Governors meeting in Jacksonville. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board,
amendments to rules 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. Amendments to policies, procedures and section bylaws are final on board approval. Additionally, non-substantive edits to conform to the Supreme Court style guide are not always noted in the summary. To receive a full copy of the text of any of these proposed amendments, email [email protected] or call Janellen Green at (850) 561-5751. Reference any requested proposal by its title or item number and date of this publication.

RULES REGULATING THE FLORIDA BAR
Final Action
Chapter 1 General
RULE 1-12.1 AMENDMENT TO RULES; AUTHORITY; NOTICE; PROCEDURES; COMMENTS
Within subdivisions (g), and (h), changes the requirement of publication of the full text of proposed amendments from the bar News to the bar’s website and adds that a summary of rules amendments to be filed with the Court will be published in the bar News. Within subdivision (h), clarifies that a summary of the Court’s final action on amendments will be published in the bar News.

Chapter 6 Legal Specialization and Education Programs
Within the following rules, changes the title by which board certified lawyers
are held out: Rules 6-4.1 (Civil Trial); 6-5.1 (Civil Tax); 6-7.1 (Wills, Trusts, Estates);
6-8.1 (Criminal); 6-9.1 (Real Estate); 6-11.1 (Workers’ Compensation); 6-13.1 (Appellate); 6-14.1 (Health Law); 6-15.1 (Immigration and Nationality); 6-17.1 (Admiralty and Maritime); 6-18.1 (City, County, Local Government); 6-19.1 (Aviation); 6-20.1 (Elder Law); 6-21.1 (International); 6-22.1 (Antitrust and Trade Regulation); 6-23.1 (Labor and Employment); 6-24.1 (Construction Law); 6-25.1 (State and Federal Government and Administrative Practice); 6-26.1 (Intellectual Property); 6-27.1 (Education); 6-28.1 (Adoption)

Standing Board Policies
SBP 1.60 (Notice Requirements)
Within subdivision (b) clarifies that a summary of rules amendments will be published. Within subdivision (e)(1), changes notice requirements for amendments to before second board reading and where practicable before first reading.

Standing Board Policies (Rewrite 2015)
The SBPs were re-written in their entirety with many non-substantive changes to conform to the Supreme Court of Florida style guide, and many organizational changes. Substantive changes only are noted below. Within SBP 1.20, deletes “that are not public” from subdivision (d) and deletes subdivision (e) [grievance committee member invitations] in its entirety. Within SBP 1.40, adds “Commission on Professionalism” to subdivision (d). Within SBP 1.41, clarifies that legislative procedures apply when the board of governors takes positions on political or ideological issues considered by the ABA in subdivision (c). Within SBP 1.60, changes indicate that the bar’s CFO reviews proposed amendments for fiscal impact and refers moderate and significant impact items to the budget committee in subdivision (c)(3) and that publication of a summary of amendments may be published either in the bar News or on the bar’s website in subdivision (e). Within SBP 1.62, changes “annually” to “periodically.” Within SBP 1.70, changes “bible” to “inscribed text.” Within SBP 1.80, removed prohibition against presence of recused board member at board meetings except when the board is in executive session and adds that the recusal policy does not create or defeat any substantive rights of individuals associated with any board action. Adds new subdivision 1.90 that states that the bar is fully committed to diversity and inclusion with the bar, the legal profession, legal education, and the justice system, with equal access and equal opportunity for all. Within SBP 2.10, adds “non-voting” to describe the ex-officio status of board liaisons to committees and other bar groups. Within SBP 2.21, adds the Young Lawyers Division board of governors to those whose election conduct may be recommended for sanction. Deletes SBP 2.30 in its entirety and moves to SBP 3.12(g) but omitting the board approved budget. Deletes SBP 2.31 in its entirety and moves the substance of SBP 2.31 to SBP 3.12(f). Within SBP 3.10(a), changes that the budget committee will provide a summary of the proposed and current budgets before board approval is requested, including year-to-date results, the previous 2 years’ final results and any underlying assumptions and notes of interest. Within SBP 3.10, deletes subdivisions (b)(1) and (b)(2) in their entirety regarding new program reserve and operating reserve and adds new subdivision (c)(3) allowing board designation of reserved funds for specific programs as long as they are tracked and reported. Within SBP 3.10, adds new subdivision (d) regarding undesignated fund balance (cash reserves) and the minimum and maximum balance of that fund. Within SBP 3.10, adds new subdivision (e) regarding budget committee review of current funds for projected short term and long term financial demands at each meeting with required reporting to the board when funds are too high or low. Within SBP 3.11(b), changes 5 year projections to 3 year projections and adds review by the bar’s CFO. Within SBP 3.12, deletes subdivision (a) on budget item classification. Within SBP 3.12(b) [new (a)], changes allow executive director to transfer budgeted amounts between line items in any department division or program as long as the total operating budget does not change. Deletes SBP 3.12(d) in its entirety regarding investments. Deletes subdivisions (e)(1), (e)(2) and (e)(3) with some substance of subdivision (e) moved to new subdivision (c). Within SBP 3.12, adds nonlawyer standing committee members to new subdivision (f) regarding reimbursement of travel expenses and adds that reimbursement requests and receipts must be given to the bar within 30 days of travel. Within SBP 3.12(i) [new subdivision (g)], changes “shall” to “should” regarding reporting of expenses of the bar president, president-elect, and president-elect designate. Within SBP 3.20, adds Clients Security Fund Committee members throughout for insurance coverage and indemnification. Deletes subdivision (b) of SBP 3.30 and moves to (a)(1) except for “present and voting.” Within SBP 3.30(e)(3)(B) [new subdivision (b)(3)(B)], adds “board members” to those included in indemnification agreements for endorsements. Within SBP 3.30 (b)(1) [new subdivision (c)(1) adds “for the board’s approval” regarding requests for participation in member benefits programs. Within SBP, deletes old subdivision (b)(4) and adds new subdivision (e) changing the requirement of publication and distribution of a list of all member benefits and encouragement of exhibition of services and products at annual meeting to publication of all approved member benefits programs participants on the bar’s website. Deletes SBP 3.40 in its entirety regarding purchase of bar member contact information. Deletes SBP 3.50 in its entirety regarding board of governors’ review of advertising and promotional material of bar programs. Within SBP 3.60 [new SBP 3.40] deletes “policies shall not be binding in the future and may be changed at any time by the board of governors.” Within the 400 series of the SBP, references to “membership dues” are changed to “membership fees” throughout. Within SBP 4.20, deletes subdivisions (a)and (c) in their entirety as redundant of a Rule Regulating The Florida Bar. Within SBP 4.20, changes subdivision (b) [new subdivision (a)] to prorate refunds of membership fees due to member death to the date of death rather than an arbitrary fixed date. Within SBP 5.10, deletes the list of standing committees and instead states that the bar will post a current list of standing committees on its website. Within SBP 5.21, replaces “standing board polices” with “the approved budget” regarding reimbursement for committee members’ expenses. Within SBP 5.22, changes requirements for committee reports to conform to current bar practice. Within SBP 5.31 [renumbered to new SBP 5.30], changes “will” to “may” in subdivision (a) consistent with existing subdivisions (d), (e), and (f) to clarify that substantive committees may, but are not required, to participate in certain activities. Within SBP 5.31 [renumbered to new SBP 5.30], adds “in print or electronic forms” to subdivision (f) regarding dissemination of newsletters. Within SBP 5.40 [renumbered to new SBP 5.50], deletes the list of Florida Bar sections and adds that the bar will maintain a current list of sections on the bar’s website. Within SBP 5.50 [renumbered to new SBP 5.51], deletes “bylaws” from subdivision (a)(1) to clarify that although sections set dues, the dues are not stated in the bylaws. Within SBP 5.50 [renumbered to new SBP 5.51], adds “or 2 sections plus the Out of State Division” in subdivision (b) regarding free section membership offered to new bar members. Within SBP 5.60 [renumbered to new SBP 5.53], deletes “prior to September 1” and adds “after approval by the Supreme Court of Florida” to describe publication of the budget in subdivision (c). Within SBP 5.60 [renumbered to new SBP 5.53], deletes subdivision (d) requiring section budgeting of an operating reserve. Within SBP 5.61 [renumbered to new SBP 5.54], changes the threshold amount for purchase orders from $500 to an amount set in administrative policies in subdivision (b). Within SBP 5.61 [renumbered to new SBP 5.54], omits a specific dollar requirement for officer written approval of reimbursement in subdivision (c). Within SBP 5.61 [renumbered to new SBP 5.54], clarifies that sections establish mileage for reimbursement capped by the IRS maximum in subdivision (e)(5)(B). Within SBP 5.61 [renumbered to new SBP 5.54], clarifies that sections may reimburse actual reasonable meal expenses if approved by a section officer in subdivision (e)(5)(E). Within SBP 5.61 [renumbered to new SBP 5.54], deletes spouse or companion expenses that may be reimbursed for CLE speakers in subdivision (e)(5)(I). Within SBP 5.61 [renumbered to new SBP 5.54], adds that a designated section officer may approve reimbursements outside expense report limits with extenuating circumstances in subdivision (e)(6). Within SBP 5.62 [renumbered to new SBP 5.55], changes charging of bar staff time to sections. Within SBP 5.63 [renumbered to new SBP 5.56] completely re-writes the policy to reflect new process for allocating overhead and compensation for section management. Within SBP 5.80 [renumbered to new SBP 5.70], defines “division,” deletes the list of bar divisions, and adds that the bar will maintain a list of its current divisions on the bar’s website. Within SBP 5.90 [renumbered to new SBP 5.80], makes clear that the Program Evaluation Committee periodically reviews divisions, sections, and substantive law committees. Within SBP 6.11, changes CLE master plan from 3 years to 2 years. Within SBP 6.12, changes “will” to “may” regarding bar cooperation with law school CLE programs. Within SBP 6.20(a), adds new subdivision (4) regarding proposing dates, locations, and formats for CLE courses and changes “variations” to “exceptions” in CLE administrative standards. Within SBP 6.20(b), adds new subdivision (3) that CLE committee will resolve conflicts in selected dates, locations or formats and deletes subdivision (4) regarding supplying administrative backup for CLE. Within SBP 6.21(a), clarifies that the CLE committee works with sections. Within SBP 6.21(c), changes the overhead allocation and management fee process consistent with current bar policy. Within SBP 6.21(d), adds new associated overhead consistent with current bar policy. Within SBP 6.30, adds new associated overhead fee consistent with current bar policy and deletes references to steering committee meeting and speakers workshop. Within SBP 6.31, complete replaces existing provisions with new overhead allocation and administrative fee consistent with current bar policy. Within SBP 9.30, changed requirement for legislative committee from at least 5 current board members to all board members. Within SBP 9.40(c), changes review of performance of legislative counsel to current bar practice, changing “legislation committee” to “chair of legislation committee.” Within SBP 9.40(e) changes “September board meeting” to “October of each year.” Within SBP 10.20(a), requires that all Program Evaluation Committee members be current board members. Within SBP 10.20(c), deletes requirement of Program Evaluation Committee prioritization of funding requests. Within SBP 10.20(d) and SBP 10.40(a)(2) and (a)(4), deletes requirement that Program Evaluation Committee approve program description forms annually. Within SBP 10.30(b), changes requirements for survey approval from Program Evaluation Committee to executive director who may refer surveys to Program Evaluation Committee. Within SBP 10.50(d), deletes chair of Program Evaluation Committee and adds chair-elect of disciplinary review committee as members of the strategic planning committee. Throughout 1100 series, changes “annual meeting” to “annual convention.” Within SBP 11.30, changes leadership conference to annual convention rather than before October 1 and clarifies the conference is for incoming committee chairs. Deletes SBP 11.40 in its entirety regarding general meeting of committees, sections and divisions. Within SBP 11.40, changes approver of location of working meeting of committees, sections and divisions from bar president to executive director. Within SBP 11.50, (e), changes executive director to authorized bar representative to establish duration of sponsorships and exhibits. Within SBP 11.50(h), changes automatic provision of meeting registrant list to exhibitors to the bar will provide on request. Deletes SBP 13.10(b) regarding annual meetings to determine communications objectives. Within SBP 13.10(d) [new SBP 13.10(c)], deletes specific details regarding publication of the bar Journal and News and website. Within SBP 13.20(a)(1)(D), changes appointments to require all board members for the communications committee. Deletes SBP 14.40 in its entirety regarding public education programs. Within SBP 15.10(g) [new subdivision (b), adds that waivers must be in writing and that the executive director approves waivers. Deletes SBP 15.20(a) as duplicative of 1.80 and replaces with statement that board members must follow recusal set forth in SBP 1.80. Within SBP 15.41, deletes references to disciplinary review committee regarding reimbursement of public member expenses and adds that requests for reimbursement must be made within 30 days of travel. Within SBP 15.42(a) deletes provisions duplicative of rule 3-7.4. Within SBP 15.42(f) [new subdivision (e)] changes determining probable cause to resolving the issues. Within SBP 15.45(c)(3), deletes “or executive committee” regarding further action on out of state bankruptcies. Within SBP 15.55(b), adds special circumstances requirement for deferring misappropriation cases. Within SBP 15.56, deletes subdivisions (d) regarding time periods for filing referee reports and (e) regarding Supreme Court of Florida actions. Within SBP 15.60, changes “branch staff counsel” to “chief branch discipline counsel” and deletes requirement that decisions not to file emergency suspension petitions be made with concurrence of designated reviewer, staff counsel, and bar counsel. Within SBP 15.65, changes “should” to “may” regarding audits of trust, business, and personal accounts when a bar member has been disbarred and adds disciplinary revocation, and deletes “obtain information necessary to satisfy the public policy of reporting criminal conduct to appropriate agencies.” Within SBP 15.75(b)(2)(C) and (b)(3) [new subdivisions (d)(2) and (e), removes “full” before “grievance committee.” Within SBP 15.76, deletes subdivisions (a) through (d) as duplicative of Rule 3-7.5. Within SBP 15.76(e) [new subdivision (a)], deletes subdivision (8) requiring board agenda procedures and forms be used for referral to disciplinary review committee. Within SBP 15.80(b), adds “in the city or county of the respondent’s record bar address” regarding publication of filing petition for reinstatement. Within SBP 15.90(f), removes the word “full” before “board of governors” regarding approval of payment plans. Within SBP 15.91, deletes provision that states that the bar lists the complaining witness as “The Florida Bar referral of [judicial officer]” in judicial referrals and deletes “with the opportunity to respond” in subdivisions (b) and (e). Within SBP 15.92, deletes references to written order of the Supreme Court of Florida for public reprimands in subdivision (b)(1). Within SBP 16.21(a) and (b), changes “and” to “or” regarding waiver of conflicts by the executive director and the board of governors. Within SBP 16.22, adds that reimbursement requests and receipts must be provided to the bar’s UPL department within 30 days of travel.

BLSE POLICIES

BLSE Policy 3.01, AUTHORITY AND PURPOSE
Changes the title from “Authority and Purpose” to “Accreditation of Lawyer Certifying Organization.” Establishes new subdivision (a) as “Authority and Purpose.”

BLSE Policy 3.02, DEFINITIONS
Old policy 3.02 DEFINITIONS is moved to 3.01(b) Definitions. Renumbers subdivisions 3.02(a) – (g) to subdivisions 3.01(b)(1) – (7). Other changes to 3.02 are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.03, ELIGIBILITY FOR ACCREDITATION
Old 3.03 ELIGIBILITY FOR ACCREDITATION becomes new 3.02 Accreditation Requirements and Standards. Establishes new subdivision (a) General Requirements. Renumbers subdivisions (a) – (f) to subdivisions (1) – (6). New subdivision (7) added as an eligibility requirement that the Applicant organization certify only lawyers in practice areas that are federal in nature. New subdivision (8) added as an eligibility requirement that the Applicant organization certify only lawyers in practice areas that are substantive areas of law, but they are not recognized under the Florida plan. New subdivision (9) added as an eligibility requirement that the Applicant organization certify only lawyers in practice areas that are non-substantive, but differentiate from substantive areas in scope, focus, education, training and expertise. Renumbers subdivisions (g) and (h) to subdivisions (10) and (11). Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.04, MINIMUM STANDARDS FOR LAWYER CERTIFICATION
Rule
Old policy 3.04 MINIMUM STANDARDS FOR LAWYER CERTIFICATION becomes new policy 3.02 (b) Minimum Standards for Lawyer Certification. Within new sub (b)(3), requires applicant organization to provide model answers with the examination. Other changes are technical or stylistic edits, format revisions consistent with common practice, and improve language overall.

BLSE Policy 3.05, MINIMUM STANDARDS FOR LAWYER RECERTIFICATION
Old policy 3.05 MINIMUM STANDARDS FOR LAWYER RECERTIFICATION becomes new 3.02 new (c) Minimum Standards for Lawyer Recertification. Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.06 APPLICANT PROCEDURAL REQUIREMENTS
Old policy 3.06 APPLICANT PROCEDURAL REQUIREMENTS becomes new new 3.02 (d) Procedural Requirements. Renumbers subdivision (a) to subdivision (1). Renumbers subdivision (b) to subdivision (2), and restructures remainder subdivisions (3) through (6), with new language in subdivision (3) that requires the lawyer seeking certification or recertification to report to the applicant, within the application, whether the lawyer has withdrawn an application filed for certification or recertification by The Florida Bar or had certification or recertification denied or revoked by The Florida Bar. New Subdivision (5), requires the applicant have procedures to revoke certification in instances of denial or revocation of certification by The Florida Bar. Subdivision (6) is amended to clarify that the applicant must immediately report instances of a lawyer’s denial of recertification or revocation to the BLSE. Other changes are technical or stylistic edits, format revisions to conform to existing policies, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.07 APPLICATION FOR ACCREDITATION
Old Policy 3.07 APPLICATION FOR ACCREDITATION becomes new policy 3.02(e) Application. Renumbers subdivisions (a) – (d) to (1) – (4). Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.08 EVALUATION SUBCOMMITTEE
Old policy 3.08 EVALUATION SUBCOMMITTEE becomes new policy 3.03 Evaluation Subcommittee. Establishes new subdivision heading for (a) Responsibility; clarifies the extent of the responsibility of the evaluation subcommittee. Establishes new subdivision heading for (b) Member Appointment; changes membership of subcommittee to eliminate cap, which is unnecessary, but to specify no fewer than 3. Other changes are technical or stylistic edits, a rearrangement of existing language, and reformatting consistent with recent changes to existing policies.

BLSE Policy 3.09 EVALUATION SUBCOMMITTEE ACTION
Old policy 3.09 EVALUATION SUBCOMMITTEE becomes new policy 3.03 subdivision (c) Evaluation Subcommittee Action. Renumbers subdivisions (a) – (c) to subdivisions (1) – (3). Revises as new subdivision (d) Request for Reconsideration, clarifies procedures for requesting reconsideration of an application recommended for denial. Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.10 BLSE ACTION
Old policy 3.10 BLSE ACTION becomes new policy 3.04, BLSE Action. Within policy 3.04; reduces from 120 days to 60 days as the time period by which the BLSE must act on the recommendation of the subcommittee and establishes a 20 day time period for notification to the applicant. Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.11 DURATION OF ACCREDITATION
Old policy 3.11, DURATION OF ACCREDITATION becomes new policy 3.05, Accreditation. New subdivision (a), clarifies the duration of accreditation. Renumbers old subdivision (a) and subdivision (b) to new subdivision (1) and subdivision (2). Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.12 ADVERTISEMENT OF ACCREDITATION
Old policy 3.12 ADVERTISEMENT OF ACCREDITATION becomes new subdivision 3.05 (b) Advertisement. Renumbers subdivisions (b) – (e) to subdivisions (1) – (7). Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.13 REVOCATION OF ACCREDITATION
Old policy 3.13 REVOCATION OF ACCREDITATION becomes new policy 3.06 Revocation. Creates new subdivision (a) Basis for Revocation and clarifies how an organization’s accreditation may be revoked. Renumbers subdivisions (a) – (d) to subdivisions (1) – (4). Within new subdivision (a)(4), deletes the word “annual.” Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.14 REVOCATION PROCESS
Old policy 3.14 REVOCATION PROCESS becomes new policy 3.06 (b) Revocation Procedures. Renumbers subdivision (a) to subdivision (1) and adds that notice of intended revocation must be by certified mail or electronic receipt. Removes subdivision (b). Renumbers subdivisions (c) and (d) to subdivisions (2) and (3) and sets a time period of 20 days for an organization to request review if it opposes revocation and a time period of 60 days by which the BLSE must consider the request. Adds (4) and (5) to set a time period of 20 days by which the ruling of the BLSE must be transmitted to the organization and states that the failure by the organization to timely request review constitutes acceptance of BLSE’s decision. Time periods are added to provide structure to the revocation process to guide both the BLSE and the applicant. Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.15 ANNUAL RENEWAL
Old policy 3.15 ANNUAL RENEWAL becomes new policy 3.07 Renewal of Accreditation. Within subdivision (a), changes the renewal period from annually to every three years. Within subdivision (b), renumbers subdivisions (a) – (d) to subdivisions (1) – (4); adds “along with model answers” consistent with change to BLSE policy 3.02(b)(3) as revised; also within (b)(4) adds bar numbers, specialty areas, and certification periods of Florida Bar members currently certified by the applicant. New subdivision (c), establishes review and evaluation procedures. Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.16 FEES
Old policy 3.16 FEES becomes new policy 3.08 Fees. Within subdivision (a) Filing Fee, removes fee amounts consistent with revisions to other BLSE policies and adds that the fees will be set by the budget committee of the Board of Governors. Within subdivision (b) Renewal Fee, removes fee amounts consistent with revisions to other BLSE policies and adds that the fees will be set by the budget committee of the Board of Governors. Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

BLSE Policy 3.17 DISCLOSURE OF INFORMATION
Old policy 3.17 DISCLOSURE OF INFORMATION becomes new policy 3.09; Disclosure of Information. Other changes are technical or stylistic edits, update and clarify the definitions and explanations, and improve language overall.

FIRST READING
Chapter 1 General
RULE 1-3.2 MEMBERSHIP CLASSIFICATIONS
Adds new subdivision (a)(2), adds that inactive members are members in good standing solely for the purpose of obtaining a certificate of good standing, but no other purpose. Within subdivision (c), changes “membership in good standing” to “active” membership “eligible to practice law” regarding reinstatement.

RULE 1-3.7 REINSTATEMENT TO MEMBERSHIP
Within subdivision (g), adds “active” before and “to become eligible to practice law in Florida” after “membership in good standing” regarding reinstatement.

Chapter 6 Legal Specialization and Education Programs
RULE 6-10.7 CONFIDENTIALITY
Replaces “suspended from” with “not eligible to practice law” addressing failure to meet continuing legal education requirements.

Chapter 8 Lawyer Referral Rule
RULE 8-2.2 CONTENTS OF APPLICATION
Within subdivision (c)(3), adds “and eligible to practice law in Florida” to describe members in good standing.

Chapter 9 Legal Services Plans Rules and Regulations
RULE 9-1.3 DEFINITIONS
Within subdivisions (f) and (g), adds “eligible to practice law in Florida” to describe members in good standing .

Chapter 10 Rules Governing the Investigation and Prosecution of the Unlicensed Practice of Law
RULE 10-2.1 GENERALLY
Within subdivision (b) amends definition of paralegal to include lawyer authorized to engage in the practice of law in Florida; within subdivision (e) clarifies that bar counsel includes UPL staff counsel.

RULE 10-3.2 DUTIES OF THE STANDING COMMITTEE
Adds new subsection (b)(7) authorizing the Standing Committee on Unlicensed Practice of Law to close cases with the acceptance of a cease and desist affidavit with restitution to the complainant.

RULE 10-4.1 GENERALLY
Adds subdivisions (e)(2) and (5) authorizing an unlicensed practice of law circuit committee to close a case based on a letter of advice and to accept a cease and desist affidavit with restitution. The subsequent subdivisions are renumbered.

Rule 10-5.1 COMPLAINT PROCESSING
Within subdivision (c), removes the words “the appropriate” when referring to the circuit committee to which a case is referred.
Rule 10-5.2 Disqualification of Attorney for Respondent Due to Conflict
Clarifies rule regarding disqualification of attorney for respondent due to conflict.

RULE 10-6.3 RECOMMENDATIONS AND DISPOSITION OF COMPLAINTS
Within subdivision (a), adds letter of advice to recommendations and disposition. Within subdivision (b), clarifies the rule regarding bar counsel disagreement with the actions of the circuit committee.

RULE 10-9.1 PROCEDURES FOR ISSUANCE OF ADVISORY OPINIONS ON THE UNLICENSED PRACTICE OF LAW
Within subdivision (b) clarifies procedure to request a formal advisory opinion; within subdivision (g) removes requirement that a copy of the proposed advisory opinion be sent by certified mail to the petitioner but keeps the requirement that a copy be furnished to the petitioner, allows the filing of a memoranda instead of a brief, allows the filing of comments without leave of court and allows interested parties to file a comments in favor of the proposed opinion.

Chapter 11 Rules Governing the Law School Practice Program
RULE 11-1.2 ACTIVITIES
Within subdivisions (b), (c) and (d), amendments require that an eligible law student be supervised by a lawyer in appearances in court or administrative proceedings prior to the eligible law student receiving a letter of clearance as to character and fitness from the Florida Board of Bar Examiners.

RULE 11-1.3 REQUIREMENTS AND LIMITATIONS
Adds new subdivision (b) to allow an eligible law student to act as a certified legal intern under the supervision of a lawyer prior to receiving a letter of clearance as to character and fitness from the Florida Board of Bar Examiners and specifies that if the law student is denied clearance the authorization is terminated; other subdivisions are re-numbered.

RULE 11-1.7 SUPERVISION
Within subdivision (a), adds “eligible to practice law in Florida” to describe members in good standing.

RULE 11-1.9 CONTINUATION OF PRACTICE PROGRAM AFTER COMPLETION
OF LAW SCHOOL PROGRAM OR GRADUATION

Amends subdivision (b) to allow graduates of non-Florida law schools to act as a certified legal intern under the supervision of a lawyer prior to the issuance of a letter of clearance as to character and fitness from the Florida Board of Bar Examiners and specifies that if the graduate is denied clearance the authorization is terminated.

RULE 11-1.10 CERTIFICATION OF MEMBERS OF OUT-OF-STATE BARS
Within subdivision (a)(4), adds “eligible to practice law in that jurisdiction” to describe members in good standing.

Chapter 13 Authorized Legal and Practitioners Rule
RULE 13-1.2 DEFINITIONS
Within subdivision (a)(2), adds “eligible to practice law in that jurisdiction” and within subdivision (c) adds “eligible to practice law in Florida” to describe members in good standing.

Chapter 18 Military Legal Assistance Counsel Rule
RULE 18-1.2 DEFINITIONS
Within subdivision (c), adds “eligible to practice law in Florida” to describe members in good standing.

Chapter 20 Florida Registered Paralegal Program
RULE 20-1.1 PURPOSE
Changes “member of The Florida Bar” to “employing or supervising lawyer.”

RULE 20-2.1 GENERALLY
Within subdivisions (a),(c), and (e), changes Florida Bar members to employing or supervising lawyers and expands the definition of employing or supervising lawyer to include not only members of The Florida Bar, but also, authorized house counsel, foreign legal consultants and military lawyers.

Procedures
FLORIDA BAR PROCEDURES FOR ISSUING ADVISORY OPINIONS RELATING TO LAWYER ADVERTISING OR SOLICITATION
Within procedures 3(c), 4(c) and 6(d), adds “in good standing” to describe members regarding comments filed on formal advisory opinions.

FLORIDA BAR PROCEDURES FOR RULING ON QUESTIONS OF ETHICS
Within procedures 3(d), 4(c) and 6(d), adds “in good standing” to describe members regarding comments filed on formal advisory opinions.

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