Proposed board action
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 September 30, 2016 board of governors meeting in Nashville, TN. This is governed by Rule 1-12.1, Rules Regulating The Florida Bar. If approved by the board, most of these amendments 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. 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 16 Foreign Legal Consultancy Rule
RULE 16-1.2 DEFINITIONS
Amends eligibility requirements to become a foreign legal consultant.
RULE 16-1.3 ACTIVITIES
Clarifies foreign legal consultant title and information about jurisdictional limitations required to be used by foreign legal consultants; removes certain disclosure requirements not relating to status.
RULE 16-1.4 CERTIFICATION
Reorganizes rule and changes required documentation attached to the foreign legal consultant application. Sworn statement deleted from this rule and moved to new rule 16-1.7.
RULE 16-1.5 WITHDRAWAL OR TERMINATION OF CERTIFICATION
Changes conform rule to Supreme Court of Florida style guide.
RULE 16-1.6 DISCIPLINE
Within subdivision (c), removes unnecessary language regarding Florida Bar notification to other jurisdictions.
RULE 16-1.7 ANNUAL SWORN STATEMENT
Creates new rule 16-1.7, moving requirement of an annual sworn statement of continued eligibility from current rule 16-1.4(b).
Chapter 17 Authorized House Counsel Rule
RULE 17-1.5 TERMINATION OR WITHDRAWAL OF REGISTRATION (recertification)
Adds new subdivision (e), to allow for the recertification of authorized house counsels whose status was terminated for failure to pay annual fees or complete continuing legal education or basic skills course requirements in the same manner as delinquent members of The Florida Bar are reinstated.
BLSE Policies
BLSE POLICY 2.04(i) EMERITUS APPLICATION FEE REMOVAL
Removes Policy 2.04(i) Emeritus Application Fee because the Emeritus Specialist Status has been repealed.
Bylaws
BYLAWS – BUSINESS LAW SECTION
Section 1.2 – The purposes of the Section have been expanded in the amended and restated bylaws to include not only matters relating to the substantive areas of the law covered by the Section, but also topics of importance to Section members, including legislation, education and professional development, improvement of the legal profession, enhancement of the administration
of justice, and professionalism, diversity, pro bono services, inclusion and mentoring. The purposes of the Section that are set forth in the amended and restated bylaws are intended to serve as a mission statement for the Section in its current and future activities.
Article II – The amended and restated bylaws clarify who can become a regular member of the Section, expands the categories of persons who can become affiliate members of the Section, and adds a new category of membership, honorary membership, for those who have made an outstanding contribution to the Section or to the field of business law.
Section 3.1 – The amended and restated bylaws split the role of secretary/treasurer into two officer positions, a secretary and a treasurer. Further, the amended and
restated bylaws delegate oversight responsibility for certain Section committees and activities to the secretary and the treasurer.
Section 3.5 – The amended and restated bylaws create an executive committee consisting of the four officers of the Section and the chair of the Section’s long range planning committee. The amended and restated bylaws provide that the executive committee shall be a planning agency for the executive council and must approve (by majority vote) (a) the selection of chairs and vice chairs of Section committees and task forces, and Section liaisons, (b) recommended changes to Section committees and task forces, and (c) the selection of persons to fill vacancies on the executive council or replace a Section officer who is no longer serving.
Section 4.2 – The amended and restated bylaws reset the composition of the executive council so that it is more reflective of the Section’s current activities and is properly and effectively sized for the Section’s current and future activities.
Section 5.1 – The amended and restated bylaws authorize the executive council to establish one or more substantive law committees, standing committees and task forces as are determined to be necessary for the activities of the Section. Four standing committees (the legislation committee, the inclusion/mentoring committee, the budget committee and the long range planning committee) are designated as permanent committees, with a mission statement set forth in the amended and restated bylaws. All other committees and task forces established by the Section shall have the responsibility for the subject manner indicated by their respective names or as set forth in the resolutions establishing such committee or task force. The executive council is granted the power to abolish any committee or task force, merge two or more committees, or create new committees or task forces, without amending the bylaws. The amended and restated bylaws require the posting on the Section’s website, at least annually, of a list of all Section committee and task force (including a brief description of the role played by each such committee and task force).
Section 5.5 – The amended and restated bylaws authorize the Section to appoint liaisons with any section, committee, subcommittee, or other entity of the
ABA, The Florida Bar or any other legal organization, with any public or private law school in Florida or with any or all federal or state courts in Florida. The amended and restated bylaws require the Section to maintain a list of all liaisons appointed and the organization to which such persons liaise, and to post that list, at least annually, on the Section’s website.
Section 6.2 – The amended and restated bylaws modernize the provisions regarding the conduct of meetings of the executive council. The amended and restated bylaws also expand the quorum required for the executive council to consider certain enumerated matters (affirmative legislative, administrative or judicial positions (including amicus positions) of the Section, changes in the designation of Section committee and task forces, and amendments to the Section’s bylaws) to a majority of the then serving members of the executive council. The amended and restated bylaws also provide that Robert’s Rules of Order shall govern the conduct of all executive council meetings. Finally, the amended and restated bylaws authorize actions by written consent of the executive council, but require that such actions must be approved by a majority of the then serving members of the executive council, with notice of the proposed action to all executive council members soliciting their consent with respect to the matter and giving them notice of the action taken by written consent after the action is approved.
Amendments – The amended and restated bylaws require future amendments to the Section’s bylaws to be approved by more than a majority of the members of the executive council after prior notice of the proposed bylaws changes to the members of the Section.
BYLAWS – ENTERTAINMENT, ARTS & SPORTS LAW SECTION
Within Article II, Section 2.2(b), permits certain full-time professors to serve on the Executive Council (which would be limited to 1 at a time in amendments to Article V, Section 5.1(a)).
Within Article III, Section 3.1 (Former Article VII, Section 7.1 and parts of Former Article IV, Section 4.5 and Article V, Section 5.3), establishes how notice of annual meeting will be given to section members; that section members will vote for section officers; and that the term of Executive Council members shall run concurrent with the bar’s administrative year.
Within Article IV, Section 4.2(a) (Former Article III, Section 3.3 and sentence of Article IV, Section 4.3), permits the chair to authorize up to $500 in expenditures to non-section members in certain emergencies, subject to Executive Council approval before disbursement.
Within Article IV, Section 4.2(e), makes the chair emeritus a non-voting Executive Council position.
Within Article IV, Section 4.3(a) (Former Article III, Section 3.3(a)), provides a minimum participation requirement to be chair.
Within Article IV, Section 4.3(b) (Former Article III, Section 3.3(b)), provides a minimum participation requirement to be chair-elect.
Within Article IV, Section 4.3(c) (Former Article III, Section 3.3(e)), provides a minimum participation requirement to be treasurer.
Within Article IV, Section 4.3(d) (Former Article III, Section 3.3(d)), provides a minimum participation requirement to be secretary.
Within Article IV, Section 4.3(e) (Former Article III, Section 3.3(c)), position remains vacant until filled by the next immediate past chair if the immediate past chair does not serve.
Within Article IV, Section 4.3(f), provides a standard in determining executive council member participation.
Within Article V, Section 5.1 (Former Article IV, Section 4.2), reduces the Executive Council by 2 members.
Within Article V, Section 5.1(a), adds that no more than 1 law professor may serve on the Executive Council at a time.
Within Article V, Section 5.2(c) (In Former Article IV, Section 4.3), reduces contract review time by the Executive Council from 2 weeks to 1 week.
Within Article V, Section 5.4, permits an annual review for the removal of an Executive Council member who does not participate.
Within Article V, Section 5.5 (a new provision that would have fit in Former Article IV, Section 4.4), permits private vote by email during a meeting to fill an Executive Council vacancy.
Within Article V, Section 5.6 (In Former Article IV, Section 4.4) clarifies quorum under the new EC structure.
Within Article VI, Section 6.3(b), provides how requests for nominations will be made.
Within Article VIII (Former Article IX), clarifies how notice of bylaw amendments are given and allows for scrivener edits without additional approval.
Within Article IX, Section 9.1 (Former Article X, Section 10.2), permits the chair to authorize up to $250 in expenditures to section members in certain emergencies, subject to EC approval before disbursement.
First Reading
Chapter 2 Bylaws of The Florida Bar
RULE 2-9.7 INSURANCE FOR MEMBERS OF BOARD OF GOVERNORS, OFFICERS, GRIEVANCE COMMITTEE MEMBERS, UPL COMMITTEE MEMBERS, CLIENTS’ SECURITY FUND COMMITTEE MEMBERS, AND EMPLOYEES
Amends the rule to provide that indemnification for persons acting in official capacities on behalf of the bar will be indemnified as provided in standing board policies.
Chapter 4 Rules of Professional Conduct
RULE 4-6.5 VOLUNTARY PRO BONO PLAN
Amendments fix grammatical errors, conform to the Supreme Court of Florida style guide, and remove outdated language.
Chapter 6 Legal Specialization and Education Programs
RULE 6-1.2 PUBLIC NOTICE (specialist/expert)
This amendment adds the words “board certified” in front of the words “specialist” and “expert” to indicate those that have been certified by The Florida Bar, for the general information of the public.
BLSE Policies
BLSE Policy 2.02 (Adding Juvenile Law and Condominium and Planned Development Law to listing of approved areas)
This amendment adds Juvenile Law and Condominium and Planned Development Law under 2.02 (b) with the Court effective date.
BLSE Policy 2.02 Areas of Certification (Evaluation Results)
Within subdivision (e), removes the requirement for an annual review of certification areas that include fewer than 75 members. Instead, these areas will be monitored and an evaluation report will be conducted only if requested by the Program Evaluation Committee.
BLSE Policy 2.07 (Adding Juvenile Law to 2nd Cycle Areas and Condominium and Planned Development Law to 1st Cycle Areas)
This amendment adds “Juvenile Law” under 2.07 (a) (2), Cycle 2, and “Condominium and Planned Development Law” under 2.07 (a) (1), Cycle 1.
BLSE Policy 2.12 Examination Preparation and Administration
Revision to subsection (a)(1)(E) requiring certification committees to provide example questions as an available resource to study for examinations. The revision also requires the committee to review the example questions annually and modify or substitute information if the law has changed since the last draft.
BLSE Policy 3.01(a) Accreditation of Lawyer Certifiying Organization (specialist/expert)
Within subdivision (a), adds the words “board certified” before the word “specialist” and “expert,” to identify lawyers who have demonstrated special competence, skills, and proficiency, as well as character, ethics, and professionalism in the practice of law.
BLSE Policy 4.06 Right of Reply (Recusal)
This amendment adds subdivision (c) regarding reasons for a recusal and the process.
BLSE Policy 4.08 Computation of Time
Removes the rule reference to the Florida Rules of Judicial Administration, as the current listing is not correct. Adds the possibility of an extension being granted.
BLSE Policy 4.10 Review by the Board of Governors (Recusal)
Within subdivision (c), adds the provision that a non-member of the Certification Plan of Appeals will report to and make the presentation of a petition to the board of governors.
BLSE Policy 5.09 CLER Components Approval Guidelines (Pending 6-10.3 approval)
Adds a technology definition in subsection (g), outlining what constitutes receiving technology CLE credit in the event Rule 6-10.3 is approved by the Florida Supreme Court.
BLSE Policy 5.10 Individual Credit Approval Guidelines
This amendment removes 5.10(c)(4), renumbers accordingly, and lists the information in an added (j) subsection, which would allow ethics credit to be awarded for the review of applications and attendance at investigation hearing panels related to a Bar applicant’s character and fitness.
