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 20, 2011 meeting in Charleston, SC. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar. Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board 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.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 4 Rules of Professional Conduct
Subchapter 4-6 Public Service
1. Rule 4-6.5 Voluntary Pro Bono Plan (responsibilities)
Summary: Within subdivision (b)(2), adds new subdivision (A) to include “identify, encourage, support, and assist statewide and local pro bono projects and activities” to the responsibilities of the standing committee; reletters accordingly.
Chapter 6 –Legal Specialization and Education Programs –
2. Subchapter 6-11. Standards for Board Certification in Workers’ Compensation
Summary: Revised rule title and verbiage to identify standards for board certification in workers’ compensation, rather than as standards for a board certified workers’ compensation lawyer and made non-substantive changes to conform to the Supreme Court style guide.
Within 6-11.2, subdivision (e), substantial equivalent, adds that a substantial equivalent may be a trial and submission to the trier of fact of any workers’ compensation issues before any judge other than a Judge of Compensation Claims (JCC).
Within 6-11.3, subdivision (a)(2), substantial involvement, removes allowing a trial advocacy course to substitute for a case.
Within 6-11.5, subdivision (b), trial requirement, removes restriction that hearings and/or trials outside the jurisdiction of the Florida Office of the Judges of Compensation Claims, and appeals of these matters (including, but not limited to, rule nisi, federal workers’ compensation matters, Federal Longshore and Harbor Workers’ Compensation Act matters, and other circuit court actions, etc.) cannot be used to meet the trial, protracted litigation, or substantial requirements.
3. Chapter 12 - Emeritus Attorneys’ Pro Bono Participation Program
Summary: Three rules (noted below) were amended to allow an Authorized House Counsel to participate in the Emeritus Attorneys’ Pro Bono Participation Program. The amendments for these rules as well as the rest of chapter 12 were amended for clarity and to conform to the Supreme Court Style Guidelines.
Rule 12-1.2, within subdivision (a), allows an Authorized House Counsel certification as an Emeritus Attorney to provide pro bono legal services.
Rule 12-1.5, adds new subdivision (a)(3) to allow an exemption for an Authorized House Counsel applying for Emeritus Attorney status from having to supply a certificate of good standing.
Rule 12-1.6, adds new subdivision (a)(3) to provide that if an individual’s Authorized House Counsel status is revoked, their Emeritus Attorney status is also revoked.
Chapter 17 Authorized House Counsel Rule
Subchapter 17-1 Generally
4. Rule 17-1.3 Activities
Summary: Adds new subdivision (a)(3) to allow an Authorized House Counsel to provide pro bono legal services if certified under Chapter 12, the Emeritus Attorney rule.
Chapter 20 Florida Registered Paralegal Program
Subchapter 20-3 Eligibility Requirements
5. Rule 20-3.1 Requirements for Registration
Summary: Allows an FRP who was initially registered under the grandfathering provision to reregister under the grandfathering provision.
STANDING BOARD POLICIES
6. SBP 5.10 Standing Committees
Summary: Adds the Adoption Law Certification Committee, Education Law Certification Committee, and Florida Registered Paralegal Committee to the list of standing committees; also deletes the Member Outreach Committee.
Board of Legal Specialization and Education Policies
7. BLSE Policy 3.06, Applicant Procedural Requirements
Summary: Within subdivision (b), replaces certified specialists with lawyers seeking certification or recertification and adds that the information will be reported within the application for certification or recertification; within the listing of the information that must be provided, adds that the lawyer must disclose whether the lawyer seeking certification or recertification has either withdrawn an application for certification or recertification by The Florida Bar or had certification denied or revoked by The Florida Bar; and adds that the applicant shall have procedures in place to revoke lawyer certification in instances of denial or revocation of certification by The Florida Bar.
8. Bylaws - Health Law Section
Summary: Non-substantive edits throughout to conform to the style guide.
Article I, Section 2: Adds the adoption of a section logo and tagline.
Article II, Section 2: Establishes the new mission statement of the section.
Article IV, Section 2: Clarifies that all section recommendations must be approved by the executive council and the board of governors. Section 3: Increases the number of elected members. Adds all former chairs as non-voting ex-officio members of the executive council. Section 4: Implements term limits for service on the executive council. Section 6: Corrects reference to appropriate article/section. Section 8: Changes the requirement from mandatory removal to optional removal when council members have consecutive absences from meetings.
Article V, Section 2: Clarifies the duties of the section officers. Section 5. Clarifies that permanent vacancies of the secretary or treasurer will be filled and that permanent vacancies of the chair-elect position will not be filled until the next annual meeting.
Article VI, Section 2: Eliminates the requirement that an executive council meeting be held in conjunction with the mid-year meeting of The Florida Bar; grants the chair, the executive council and the program administrator the authority to collectively schedule regular meetings. Requires in-person attendance at executive council meetings for purposes of determining a quorum. Section 3: Recognizes that time constraints may preclude consideration of some matters.
Article VII, Section 1: Provides for a slate of nominees. Adds the practice setting as a consideration for identification of nominees. Section 5: Provides for voice or hand vote for election of council members, unless an election is contested. Provides that in a contested election the number of candidates eligible for election receiving the highest number of votes would be elected. Section 6: Provides that vote will be by voice or hand unless nominations have been made by petition or nominations are made to fill a new position or the previous nominee has died or become unable to serve.
Article VIII, Section 4 : References the appropriate section.
Article IX, Section 1: Updates, identifies, and clarifies the section committees and subcommittees; establishes the purpose and function of each committee and subcommittee. Section 3: Added reference to the standing subcommittees and the appointment of their chairs.
Article X: Section 6: Establishes the date the amended bylaws were adopted by the executive council and made them effective upon approval by the Board of Governors.
9. Bylaws - Tax Section
Summary: Non-substantive edits are made throughout to conform to the style guide or grammatical correctness.
Article I— Revised to encompass section’s interest in international tax matters, reflected in the addition of committee on international taxation in federal tax division. Expands section’s purpose to further tax knowledge and practice of all members of The Florida Bar, and to promote ethical and competent practice by all tax practitioners.
Article II — Clarifying distinction made between “regular” and “affiliate” membership. “Conditionally admitted members” of The Florida Bar expressly made eligible for affiliate membership. One year grace period to apply for regular membership added in section 2 as an accommodation to LLM students who may pass Bar exam between JD and LLM programs. Section 4 revised to omit unnecessary language; last sentence in section 4 deleted as redundant of “good standing.”
Article III — Expressly permits appointment of more than one director for specified divisions and committees. Reflects elevation of membership recruitment committee to a standing committee in Art. VI. Clarifies nominating process for chair-elect and composition of nominating committee. Allows chair to appoint non-voting members to nominating committee. Accelerates timeframe for nominating process to facilitate appointments by chair-elect and scheduling of meetings. Specifies eligibility criteria for office of chair-elect, applicable to nominations by both committee and petition. Provides for electronic mailing of ballots and candidate statements to regular section members, rather than regular mail, to save costs and avoid unanticipated expenditures that would adversely affect the section’s financial condition. Expressly limits voting to the candidates nominated. Some minor re-ordering for purposes of clarity. Extends maximum service of an individual in any one officer position to three years, for purposes of continuity; however, a policy of two years is encouraged. Clarifies requirement for ratification of chair’s appointments, and expressly provides for delegation of that authority to division directors. Requires authorization from both chair and treasurer to commit or disburse section funds.
Article IV — Includes past chairs as ex officio members of directors’ committee, with voting rights, to promote continuity and capitalize on past chairs’ experiences, Clarifying changes.
Article V — Clarifying changes.
Article VI — Committee structure revised to more accurately reflect current Executive Council alignment. Committee responsibility descriptions streamlined and updated. Reflects elevation of membership recruitment committee to standing committee status, as recommended by long range planning retreat. Ad hoc committees are not included in the bylaws standing committee structure (e.g., State Tax Court). Provides for chair of sponsorship committee and make-up of meeting committees in accordance with long range planning retreat recommendations.
Article VII — Stylistic changes. Permits only regular section members to be counted for purposes of a quorum Permits electronic meeting notice and proxy, as well as certain meetings to be conducted telephonically and electronically, as cost-saving measures.
Article VIII — Revised to conform with mandatory provisions of Bylaw 2-7.5 of The Florida Bar (Legislative Action of Sections and Divisions) and Board of Governors Standing Policies and Procedures 8.10 (Amicus Curiae Filings and Responses to Bar Rules Petitions) and 9.50 (Legislative Activities of Sections).
Article IX — Clarifying and updating edits.