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Board of Governors Meeting Preview – March 2023

The following items are up for action or discussion at the March 3, 2023, meeting of the Board of Governors; changes may occur before the meeting.  if you have any input or questions. Read  for additional details.

The board is expected to consider a Civil Procedure Rules Committee proposed new Rule 1.041 (Limited Appearance Attorneys) which includes subdivision (a) that addresses the scope of representation; a subdivision (b) that addresses notice requirements; and a subdivision (e) that addresses termination. The board can recommend only “acceptance,” “rejection,” or “amendment.” The rule will go to the Supreme Court for final approval.

The board will also be asked to weigh a Family Law Rules Committee proposal to amend Rule 12.140 (Responses) and to delete Rule 12.150 (Sham Pleadings) in its entirety and add new text. The proposal is the committee’s response to a final report and recommendations by the Supreme Court’s Workgroup on Sanctions for Vexatious and Sham Litigation. The Family Law Rules Committee proposed amendments to Rule 12.140 would add a subdivision (g) (Motion to Strike Sham or Frivolous Pleadings).

The subdivision would state that “[a] party may move to strike, or the court on its own initiative may strike, all or a portion of a pleading containing sham or frivolous grounds if, based on the totality of the circumstances, including the law and fact known at the time of the filing, the pleading . . . lacks any basis, either in law or material fact,” or “is being presented for any improper purpose, such as to harass or cause unnecessary delay, or needlessly increase the cost of litigation.” The subsection also contains language that states, “If all or a portion of a sham or frivolous pleading is stricken, the court must award attorney’s fees or impose any other appropriate sanction against the party whose pleading was stricken, unless good cause is shown to not impose a sanction.” 

In other business, the board will be asked to review the following legislative position requests:

  • The Alternative Dispute Resolution Section is requesting to advocate for removing a provision in F.S. §44.103(3) that caps arbitrator compensation.
  • The Business Law Section is requesting approval to advocate on LLC legislation and proposed legislation amending § 501.207(3) of the Florida Deceptive and Unfair Trade Practices Act.
  • The Family Law Section is requesting approval to advocate for legislation that affords unwed parents’ rights and responsibilities when they have signed an unchallenged voluntary acknowledgment of paternity or otherwise established paternity under the law.”

The agenda also includes a Member Benefits Committee recommendation to add “eNotaryLog” remote notarization services to The Florida Bar Member Benefits Program. The company “provides nationwide remote online notarization (RON) and electronic signature solutions through its cloud-based digital services platform,” a staff analysis states.