The Florida Bar Board of Governors met March 28, 2025, in Tampa. Major actions and reports received included:
SPECIAL COMMITTEE
The Program Evaluation Committee voted unanimously to approve the formation of a “Florida Bar Special Committee on the Sustainability Initiative for Attorneys,” part of President-elect Sia Baker Barnes proposal to launch a “sustainability” initiative later this summer, after she becomes president, and President-elect Designate Michael Fox Orr is sworn in. Orr will co-chair the special committee with Virginia lawyer GC Murray, a veteran Out of State Division member.
“The goal of the committee is to address risk-management and training for lawyers, reputation management for lawyers, business development for lawyers, client management for lawyers, and career architecture,” Baker-Barnes told the Board. The Board voted to approve the proposal.
FLORIDA BAR BUDGET
The Board voted without objection to grant initial approval of a proposed budget for FY 2025-26 that includes $43.3 million in general fund revenues, and $48.1 million in expenses, for an operating loss of $4.8 million. The proposed operating budget, while negative if all projects and events are executed to the full extent budgeted, would still leave the undesignated operating reserves with a potential balance of over $35 million. Based on that projected balance, once again, the Bar will not be considering member fee increases.
The Board approval, which includes not only the General Operating Fund, but also the Client Security Fund, Litigation Fund, Fixed Asset Fund, Certification Fund, and all section funds, clears the way for the proposals to be published for public comment. After any necessary revisions, the board will be asked to weigh final approval in May. After that, the proposals will be forwarded to the Supreme Court for final consideration. Read more in The Florida Bar News.
PROPOSED REVISION TO RULE 4-1.6
The Florida Supreme Court, in a letter last November, asked the Board by May 1 to propose revisions to Rule 4-1.6 permitting a lawyer to reveal confidential information “to protect a minor client from substantial risk of danger or harm.” In January, the Rules Committee initially voted to approve an amendment adding a new subdivision (C)(8) to allow — but not require — a lawyer to disclose confidential information to protect a minor client from substantial risk of danger or harm. The rule generated four comments.
Opponents said the rule was amended in 2023 to clarify that lawyers must disclose confidential information “necessary to prevent the death or substantial bodily harm of anyone, which includes a minor.” Commenters noted that creating a new exception could undermine the trust required in a lawyer-client relationship and voiced the concern that an exception to the confidentiality rule would invite motions to compel privileged information, perhaps even by their perpetrators. The committee voted not to revise the rule, and drafted a letter to the Supreme Court explaining the position. The letter states that Rules Committee voted unanimously to reconsider its earlier position and instead recommended that the Board of Governors respectfully decline to adopt an amendment to Rule Regulating The Florida Bar 4-1.6 at this time. The Board voted to approve the Rules Committee recommendation.
ABA HOUSE OF DELEGATES
The Legislation Committee announced that the Board of Governors is considering ending the practice of appointing Florida members to the ABA House of Delegates. The Bar continually reviews its activities to make sure that they relate to the core functions of lawyer regulation and the improvement of legal services. ABA President Bill Bay spoke in support of The Florida Bar maintaining its current affiliation with the national association. He noted that in 2024, the ABA produced over 800 accredited CLE programs, and that the ABA is second only to the Federal Emergency Management Agency in the delivery of disaster legal assistance.
OTHER BUSINESS
In other business, the Board Technology Committee reported that they approved the recommendations from the Cybersecurity & Privacy Law Committee encouraging law firms to develop and maintain a “Incident Response Plan.” The voluntary guidelines are intended to benefit law firms and their clients by getting more lawyers to focus on the growing risks cybercriminals pose to the profession. This recommendation, in conjunction with a robust educational and programming campaign, establishes a voluntary, non-binding standard reflective of the Committee’s focus on enhancing the resilience of The Florida Bar’s membership and safeguarding the information Florida Bar members retain against cyber threat.
The Board of Governors also voted to approve proposed amendment to Florida Rule of Traffic Court 6.450. Based on Chapter 2024-190, Laws of Florida, the revision would require that all civil traffic offenses that are subject to disposition under Chapter 318 to be proved beyond a reasonable doubt.