Proposed board actions
Proposed board actions
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 December 13 meeting in Ft. Lauderdale. These matters are 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. Additionally, non-substantive edits to conform to the Supreme Court style guide are not noted in the summaries. 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
Chapter 3 Rules of Discipline
Rule 3-7.1 Confidentiality
Within subdivision (a)(12) adds disciplinary revocation as a matter which is public record and further updates subdivision (a)(12) to refer to amended Rule 3-7.12 on disciplinary revocation.
Rule 3-7.6 Procedures Before A Referee
Amends subparts (f) and (j) of Rule 3-7.6 regarding procedures in bar cases to require that respondents may be required to appear for deposition and in person document production at the Bar’s branch office that is geographically closest to the office where respondent primarily practices law.
Rule 3-7.10 Reinstatement and Readmission Procedures
Within subdivision (f)(4)(B) amendments require that all petitions for reinstatement which involve a respondent who is required to re-take the bar exam, include proof in the lawyer’s petition for reinstatement that the lawyer has passed both the Florida portion of the Florida Bar examination and the MPRE section
Rule 3-7.11 General Rules of Procedure
Amends subpart (f) of Rule 3-7.11 regarding procedures in bar cases to require that respondents appear for deposition and in person document production at the Bar’s branch office that is geographically closest to the office where respondent primarily practices law.
Chapter 4 Rules of Professional Conduct
Rule 4-1.5 & Costs for Legal Services
Within Rule 4-1.5(f)(4), adds new subdivision (E) that the lawyer in a personal injury or wrongful death case charging a contingent fee must provide ordinary lien resolution as part of the lawyer’s representation of the client under the fee contract, that the lawyer may not charge any additional fee to the client for providing any lien resolution services if all fees for the personal injury matter plus lien resolution exceed the contingent fee schedule, that extraordinary services for subrogation and lien resolution may be referred to another only with the client’s informed consent, that additional fees by the other lawyer must comply with all provisions of the fee rule, and that the lawyer providing the extraordinary subrogation and lien resolution services may not divide fees with the lawyer handling the personal injury or wrongful death claim. Within the comment, explains what lien resolution services are required as part of the original fee contract and what extraordinary services entail.
Chapter 5 Rules Regulating Trust Accounts
Rule 5-1.2 Trust Accounting Records
The proposed amendments to Rule 5-1.2 would address maintenance of trust accounting records when a law firm is either dissolved or sold to an attorney or group of attorneys.
Chapter 7 Clients’ Security Fund Rules
Rule 7-5.1 Access to Records
Adds new subdivision (f) allowing otherwise confidential information to be shared with authorities authorized to investigate alleged criminal activity.
Chapter 18 Military Legal Assistance Counsel Rule
Rule 18-1.1 Purpose
Rule 18-1.2 Definitions
Rule 18-1.3 Activities
Rule 18-1.4 Supervision and Limitations
Rule 18-1.5 Certification
Within subdivision (a)(4) of rule 18-1.2 and subdivision (c)(2) of rule 18-1.5, changes the requirement for completion of the Practicing with Professionalism Program to the time limits set forth in rule 6-12.3. Non-substantive edits in rules 18-1.1, 18-1.2, 18-1.3, 18-1.4 and 18-1.5 conform the rules to the Supreme Court style guide.
Clients’ Security Fund Regulations
CSF Regulation B1
Changes bar to board.
CSF Regulation C2
Deletes language dealing with investment advice, which is revised and moved to new regulation C 7.
CSF Regulation C7
Clarifies when a claim based on an investment is reimbursable and adds comment language.
BLSE Policies
BLSE Policy 1.01, Board of Legal Specialization and Education
Adds titles to subchapter. Within subdivision (a) [old 1.01], Jurisdiction, adds title to the subdivision; includes certification committees under BLSE jurisdiction consistent with program structure and administration authorized by Chap. 6, RRTFB. Within subdivision (b) [old (a)], Rules and Policies, adds title to the subdivision; adds the BLSE’s authority to promulgate rules and policies subject to The Florida Bar Board of Governors approval; adds “and recertification” when referencing certification; changes “upon” to “on” per style preference; replaces the abbreviated form “committee” with “certification committee;” replaces “continuing legal education” with “CLER” and “basic skills course requirement” with “BSCR” for consistency in abbreviated terminology consistent with subdivision (a). Within subdivision (c) [old (b)], Policy Waiver, adds a title to the subdivision and replaces “board of legal specialization and education” with “BLSE”- as the abbreviated form reference per subdivision (a).Within new subdivision (d), BLSE Chair, adds that the BLSE Chair is the person designated by the president-elect to serve as BLSE Chair for a specified term, and adds that if the BLSE Chair is unable or unavailable to serve, the vice chair or the chair’s designee will perform the duties or exercise the discretion of the chair. Within subdivision (e) [old (c)], Staff Duties, adds a title to the subdivision; expands that the staff is the BLSE staff and provides for the abbreviated form of “staff” for use throughout the policies; adds “and recertification” when referencing certification; expands that the committees are the certification committees consistent with all other references; replaces exams with examinations; and, adds that the BLSE evaluates the CLE credit requests in accordance with the BLSE policies (as authorized under the Rules Regulating The Florida Bar).
BLSE Policy 1.02, Administrative Procedure
Within subdivision (a), Meetings, revises to improve language and adds that the BLSE chair will disseminate a meeting calendar to BLSE members at the beginning of the fiscal year. Within subdivision (b), Quorum, increases, from 5 to 8, the quorum of the BLSE for the transaction of business. Within new subdivision (c), Executive Session, adds language to codify current practice of BLSE to meet in executive session during confidential matters; and adds that only the members of the BLSE, designated staff and designated individuals permitted to appear by the BLSE chair may be admitted to the meeting during executive session. Within new subdivision (d), BLSE Subcommittees, adds language to codify current structure of BLSE administration through establishment of subcommittees for more efficient operation and more thorough review of agenda matters. Within new subdivision (e), Meetings of the Executive Committee, adds that minutes will be prepared for all executive committee meetings; adds that the minutes will be distributed to the BLSE prior to the next regularly scheduled meeting; and adds that the actions of the executive committee will not be final until confirmed by the BLSE.
Within new subdivision (f), Liaisons, codifies practice of the BLSE chair to appoint a BLSE liaison to each certification committee. Within subdivision (g) [old (c)], Removal of Members, expands “committee” to “certification committee” consistent with similar references throughout the BLSE policies; adds that the BLSE chair may petition the president of The Florida Bar for removal of a BLSE member; changes that good cause will include absence of 3 meetings, to good cause will include recurrent absence at meetings; and, adds that good cause will also include absence from conference calls or a lack of participation in committee or board activities and assignments. Requires advance notification to members recommended for removal from BLSE or certification committees. Within subdivision (h) [old (d)], Ex Officio Members, expands “committee” to “certification committee” consistent with similar references throughout the BLSE policies; and adds that ex officio members may not be present for executive session matters before the BLSE unless otherwise permitted or by a two-thirds vote of the BLSE.
BLSE Policy 2.01, Administration
Within subdivision (a), The BLSE, improves language to cite BLSE oversight responsibilities as to the certification committees by including reference to the rules and policies.
Within subdivision (b), Certification Committees, removes that a certification committee will be appointed for each area of certification; adds that the certification committees will operate under the auspices of rules and policies of the BLSE; and, adds development of policies to certification committee duties. Within new subdivision (c), LSE Director, defines term for references elsewhere in policies and explains that the LSE director serves as the staff liaison to the BLSE.
BLSE Policy 2.02, Areas of Certification
Within subdivision (b), Approved Areas, adds clarification of parenthetical dates as the dates of approval following certification area, and adds education law and adoption law to the listing. Within subdivision (c), Amendments to Area Standards, replaces “Rules Regulating The Florida Bar” with the abbreviated form “rules”; adds “and recertification” when referencing certification; and makes grammatical changes. Within subdivision (d), Area Evaluation, makes grammatical changes and clarifies numerical threshold expectations for certification areas and clarifies numerical threshold expectations for certification areas. Within subdivision (e), Evaluation Results, requires annual review of certification areas that include fewer than 75 members.
BLSE Policy 2.03, New Certification Area Request
Adds the word certification to “certification area” within title. Within subdivision (a), Presentation, adds division(s) as another entity that may be polled when a request for a new area is presented to the BLSE; clarifies committees as substantive law committees; and, changes that the membership will be notified via The Florida Bar’s website rather than The Florida Bar News. Within subdivision (b), Consideration, removes that new areas will be considered based on a showing that 1) the area is as broad as possible, and 2) that selection of the area is not based upon its individual budgetary impact, but as a part of the whole certification program; and adds that one criterion is that the proposed certification area is an established and recognized area of legal practice deemed to be of benefit to the public and the Bar. Also within subdivision (b), Consideration, the procedures to set up a new area of certification have been removed and reorganized under new subdivision (c). Within new subdivision (c), Application, provides criteria to apply for a new area of certification; indicates the information that must accompany the application; and, changes the required number of petitions, or letters of endorsement, from 25 to 100. Within new subdivision (d) [old (c)], Preparation and Approval of Standards, adds that the proposed standards for the new certification area must be approved by the Board of Governors and Supreme Court of Florida before implementation.
BLSE Policy 2.04, Fees
Changes the title from Certification Fees to Fees. Removes all fee amounts from policy language. Fees will be stated in a Fee Schedule and will still be subject to approval by the budget committee of the Board of Governors. Within subdivision (a), Filing Fee, strikes fee amount; new language codifies the authority of the budget committee. Within subdivision (b), Examination/Certification Fee, strikes fee amount; new language codifies the authority of the budget committee. Within new subdivision (c), Electronic Testing Fee, adds that each examinee that elects to use an electronic device to complete the examination will be assessed an administrative surcharge to offset the purchase of software, licensing agreements, consultant assistance, and testing site accommodations; indicates that the fee is determined by the BLSE each year; and that the fee is non-refundable once the examinee has registered online. Renumbers subdivisons (c) through (j) accordingly. Within subdivision (d) [old (c)], Annual Fee, strikes fee amount; new language codifies the authority of the budget committee; adds that certified members that are due to apply for recertification that year are excluded from the annual fee; adds that staff will bill each certified member, who is subject to pay the annual fee, between February 1 and May 31; and increases the fee for if the annual fee is paid late. Within subdivision (e) [old (d)], Reapplication Fee, strikes fee amount; new language codifies the authority of the budget committee. Within subdivision (f) [old (e)], changes title from Challenge/Petition Filing Fee to Grade Review Petition Filing Fee; and strikes fee amount; new language codifies the authority of the budget committee. Within subdivision (g) [old (f)], Lapse Reinstatement Fee, strikes fee amount; new language codifies the authority of the budget committee; and adds that the request to reinstate and payment of the fee is upon notification of a lapsed status. Within subdivision (h) [old (g)], Recertification File Extension Fee, strikes fee amount; new language codifies the authority of the budget committee. Strikes old subdivision (j), Appeal Fee. Within new subdivision (k), Fee Waiver or Modification, provides provision for a member to request a fee waiver.
BLSE Policy 2.05, Applications
Changes the title from Applications for Certification to Applications. Moves old subdivision (b), Completion of Requirements, to new policy 2.06(a). New subdivision (b) moved from old subdivision (d). Within subdivision (c), Supplemental Information, adds that an application will be considered withdrawn if the applicant fails to respond to a request for supplemental information. Moves subdivision (e), Timeliness of Filing, to policy 2.07(a).
Moves subdivision (f), Recertification File Extension, to policy 2.07(d). Moves subdivision (g), Processing, to policy 2.08(a). Moves subdivision (h), Withdrawal of Application, to policy 2.08(d). Removes subdivision (i), Application Retention.
BLSE Policy 2.06, Applicant Classifications
Adds new section, 2.06, Applicant Classifications, to define and distinguish applicant types and terminology referenced elsewhere within the policies. Within subdivision (a) [old policy 2.05(b)], changes title from Completion of Requirements to Initial Applicants; and removes that the CLE must be completed before the extended deadline, as provided by the BLSE. Within subdivision (b) [old policy 2.15], changes title from Reapplication for Certification to Reapplicants; strikes “approved” applicant and rephrases as applicant who is deemed eligible to sit for the examination by the certification committee. Within new subdivision (c), Recertification Applicants, adds that a board certified member may apply as an applicant for recertification at the conclusion of the 5-year period of certification.
BLSE Policy 2.07, Application Filing Period and Dates of Certification and Recertification
Moves old policy 2.07, Malpractice, to become part of policy 2.09, Professional Ethics and Competence. New policy 2.07 titled Application Filing Periods and Dates of Certification and Recertification. Within new subdivision (a), Initial and Reapplications [old policy 2.05 (e), Timeliness of Filing], changes title; adds the title Cycle 1 Application Filing Period to the group that files between July 1 and August 31 period; adds the title Cycle 2 Application Filing Period to the group that files between September 1 and October 31; and updates the listing of the certification areas with the complete, approved names of the areas. Within new subdivision (b), Date of Initial Certification [old policy 2.14(b), Certification Dates], changes title; codifies application groups with filing deadlines referring to the application groups by the cycle titles provided in subdivision (a); and, adds that certification will occur the year following the year the application was filed. Within new subdivision (c), Recertification Application Filing Periods, codifies deadlines for cycle 1 and cycle 2 recertification area applications upon conclusion of the 5-year certification period. Within new subdivision (d) [old policy 2.05(f)], Recertification File Extension, codifies current practice as to extension requests from authorization by the BLSE to an approved status if accompanied by a properly executed application for extension; and, restates that the recertification application must be filed by the end of the 3-month extension. Within new subdivision (e), Date of Recertification, adds the effective dates of recertification applicable to Cycle 1 and Cycle 2 areas as referenced in the preceding policy.
BLSE Policy 2.08, Application Processing
Moves old policy 2.08, Peer Review, to policy 2.10. Moves policy 2.05(g) to title of policy and subdivision (a). Changes title of policy from Processing to Application Processing. Adds title of subdivision (a), which is Review of Applications. Other changes within subdivision (a) are grammatical. Within new subdivision (b), Certification Retention, adds that certification will remain intact during review of the application for recertification; adds that if the application is denied, certification will only remain intact if the applicant seeks review under the appeal procedures; and adds that unless the denial is reversed, the certification will terminate upon completion of the appeal procedures. Within new subdivision (c), Pending Status, subdivision (1), Initial Application, adds that an initial application will be held in abeyance if the application includes an unresolved professional ethics matter; includes that the abeyance period will not extend past 10 months from the filing deadline; indicates that if the matter is unresolved by the end of the 10-month abeyance period, the application will be considered withdrawn; and, adds that the member will be advised and may reapply during a future filing cycle. Within new subdivision (c), Pending Status, subdivision (2), Recertification Application, adds that if a recertification application includes an unresolved professional ethics matter, the certification committee will recommend action to the BLSE. Within new subdivision (d) [old policy 2.05(h)], changes title from Withdrawal of Application to Voluntary Withdrawal; adds that the withdrawal is voluntary; and changes that the notice of withdrawal must be received prior to the final BLSE action to the notification of withdrawal must be received by the LSE director before an appeal under policy 4.04(b) is due.
BLSE Policy 2.09, Professional Ethics and Competence
Old policy 2.06 becomes policy 2.09, Professional Ethics and Competence, due to the restructuring and renumbering of policies. Within subdivision (a), Required information, adds that the information required should be relevant to the time period specified in the application; adds, in new subdivision (3), that applicant is required to submit all instances in which a state or federal judge has found the applicant in contempt of court or otherwise adversely commented on the applicant’s conduct; moves policy 2.07 Malpractice to new subdivision (4); adds, in new subdivision (5), that the applicant is required to submit all arrests, charges, convictions, or other dispositions of criminal matters; and adds, in new subdivision (6), that the applicant is required to submit any other matter that could adversely affect the applicant’s membership in good standing with The Florida Bar or eligibility for board certification. Within subdivision (b), Staff Review, adds that staff should check each applicant’s record of professional ethics and competence immediately before certification or recertification is granted; and changes that all unresolved disciplinary complaints must be verified by staff counsel to all matters subject to lawyer regulation jurisdiction, staff must consult Florida Bar counsel for an update or status report for the application file. Within subdivision (c), Certification Committee Review, adds that applications with pending matters related to professional ethics and competence will be held in a pending status or otherwise resolved as described elsewhere in these policies.
BLSE Policy 2.10, Peer Review
Old policy 2.08 becomes policy 2.10, Peer Review, due to the restructuring and renumbering of policies. Within new subdivision (a), changes introductory paragraph to new subdivision with a title, Applicant Submissions. Within new subdivison (b) [old (a)], The BLSE and Certification Committee Inquiries, adds title to subdivision that the BLSE or certification committee may solicit additional peer review statements at anytime during the application process. Within new subdivision (c) [old (b)], Peer Review Statements, adds title to subdivision.
Within new subdivision (d) [old (c)], Exclusions, adds title to subdivision; strikes abbreviated form of board of governors; and adds abbreviated form for the Appeals Committee.
BLSE Policy 2.11, Approved Continuing Legal Education (CLE)
Old policy 2.10 becomes policy 2.11, Approved Continuing Legal Education.
Within subdivision (a), changes title from Credit Approval to Certification Credit.
Within subdivision (b), Grade Review Panel Service, adds that the credit is also for the time devoted to the panel discussion. Within subdivision (e), changes title from Overlap of Hours to Overlap of Certification Credit Hours.
BLSE Policy 2.12, Examination Preparation and Administration
Old policy 2.11 become policy 2.12, Examination Preparation and Administration.
Within subdivision (a), Examination Preparation and Review Courses, re-structures subdivision break-down. Combines old subdivisions (b) through (h) into new subdivision (b), Examination Administration, and re-structures subdivision break-down. Within subdivision (b)(2), Location, changes that the examination location is determined by the committees and the BLSE to the examination location is recommended by staff subject to site availability, cost considerations, and the BLSE’s approval. Within (b)(3), changes practice of verifying examinee identity from authorization to a requirement of staff. Removes subdivision (g), Exam Retention, because records retention is now specified in policy 1.01(f).
BLSE Policy 2.13, Grading, Review and Petition Process
Old policy 2.12 becomes new policy 2.13, Grading, Review, and Petition Process.
Within subdivision (a), Grading, changes that the certification committee shall re-grade all failing papers within a specific range to the certification committee shall re-grade failed examinations before announcing examination results. Within new subdivision (b), Examination Results, re-structures policy to explain results of exam passage and exam failure. Adds that passing examination results shall be valid for two consecutive years, the first during the cycle year in which the application was filed and the second during the cycle year immediately following the cycle year in which the application was filed. Within new subdivision (c), Examination Review, subdivision (1) [old (b)(1)], adds title- Time and Location for Review; adds that an applicant may review the examination at The Florida Bar office in Tallahassee during the 30-day review period; and adds that the examination may be reviewed more than once, but not more than three times during the 30-day review period. Within new subdivision (c), Examination Review, subdivision (2) [old (b)(4)], adds title- Representation of Counsel; adds that the applicant may be represented by counsel and that if counsel is not board certified in the area in which the applicant failed, the lawyer representing the applicant must execute a written agreement not to apply for certification in that area for 1 year. Deems criminal appellate and criminal trial as a single area for purposes of this provision. Within new subdivision (c), Examination Review, subdivision (3) [old (b)(2)], adds title- Acknowledgement of Non-disclosure; adds that the executed acknowledgement of nondisclosure and confidentiality will bind the applicant and counsel throughout the review proceedings to maintain as confidential all matters disclosed in the review proceedings. Within new subdivision (c), Examination Review, subdivision (4) [old (b)(2)], adds title- Items for Review, and adds that review materials may not be retained or copied. Within new subdivision (d), Petition for Grade Review, subdivision (1) [old (b)(3)], adds title- Commencement of Petition; adds that a petition that is submitted more than 30 days after the examination review will be returned; and adds reference to filing fee, moved from old (c)(1). Within new subdivision (d), Petition for Grade Review, subdivision (2) [old (c)(1) and (c)(2)], adds title- Content of Petition; adds that the petition must identify the answers the petitioner wishes to challenge as graded incorrectly, and must set forth the grading errors; adds that the petition may include additional supporting documentation; codifies that the grade review process should not reveal the identity of the petition; and adds that the petitioner must use his or her examination number to reference his or her petition. Within new subdivision (d), Petition for Grade Review, subdivision (3) [old (c)(3)], adds title- Certification Committee Consideration; and adds that any comments on the petition (from the certification committee) determined to be appropriate must be in writing and submitted to the LSE director for dissemination to the petitioner and grade review panel. Within new subdivision (e), Grade Review Panel, subdivision (1) [old (d)(1)], adds title- Appointment of Members. Within new subdivision (e), Grade Review Panel, subdivision (2) [old (d)(2)], adds title- Time for Review and Dissemination of Materials. Within new subdivision (e), Grade Review Panel, subdivision (3) [new policy], adds title- Standard of review; adds that the panel will review each question challenged to determine whether there is competent substantial evidence to support the certification committee’s grading decisions; and adds that the panel’s written recommendation shall address each question challenged by indicating whether points should remain as assigned or whether additional points should be awarded. Within new subdivision (e), Grade Review Panel, subdivision (4) [old (d)(4)], adds title- Procedure and Completion; adds that the LSE director will ensure that the grade review is accomplished anonymously and in accordance with these policies; and that all materials will be submitted to the RP without any identifying information and without any reference to the petitioner’s overall score; and changes panel’s decision to a written recommendation. Within new subdivision (f), Appeal, [old (e)], changes that the petitioner may appeal the panel’s decision to the Appeals Committee of the Board of Governors to the petitioner may request BLSE review of the panel’s recommendation, and adds that the BLSE shall not consider whether the panel’s recommendation is supported by competent substantial evidence.
BLSE Policy 2.14, Applicant Review Process for Certification and Recertification
Old policy 2.13 becomes new policy 2.14, Applicant Review Process for Certification and Recertification. Moves old policy 2.14 to new policy 2.07(b).Refines subdivision (a) into subdivisions (1) through (5). Within subdivision (a), Certification Committee Review and Investigation, subdivision (5), rephrases the process for a certification committee member to be recused from review of an application. Within subdivision (d), changes title from Additional Supporting Documentation from Applicant to Response to Notice that Recommendation of Denial is Under Consideration, edits and rephrases explanation of filing a response to address the certification committee’s concerns, and changes that the applicant must submit an original and ten copies of the response to the applicant must submit an original and two copies of the response. Within subdivision (d), Response to Notice that Recommendation of Denial is Under Consideration, adds that failure to respond to notice shall be construed as withdrawal of the application without right to further review. Within subdivision (e) changes title from Consideration and Recommendation to Consideration of Response, and moves the portion of the policy regarding a recommendation to new subdivision (g). Within subdivision (f), changes title from Record to Documentation, and replaces “documentation” for “record” in text of policy language throughout. Within new subdivision (g), Notice of Recommendation, adds that if a member holds certification in more than one area, the notice will include that if the BLSE denies certification on the basis of peer review, the BLSE will also consider whether to revoke or deny in the other area(s). [Moved from old policy 2.16 (b) {new 2.15(b)}, Automatic Revocation.] Within new subdivision (g), Notice of Recommendation, adds that if a member is an applicant for certification in more than one area, the notice will include that if the BLSE denied certification on the basis of peer review, the BLSE will also consider whether to deny certification in the other area(s). Within new subdivision (h) [old (g)], The BLSE’s Review of the Certification Committee’s Recommendation, adds standard of review for BLSE consideration. Moves old subdivision (i), Application Notification, to new subdivision (h)(5). Within new subdivision (i) [old (h)], Remand, adds that the 60-day time period for the certification committee to conduct additional investigation or consideration upon remand, may be extended for good cause shown. Moves old subdivisions (k), Notice of Appearance, (l), Appearance before BLSE, and (m), Notice of BLSE decision, into new subdivision (j), Procedures for Appearance before the BLSE, and re-structures subdivision break-down. Within subdivision (j), Procedures for Appearance before the BLSE: subdivision (2), Notice of Appearance, adds that the chair’s designee may appear; and new subdivision (4), BLSE Consideration, adds that after the hearing, the BLSE will consider the certification committee’s recommendation without deference to the BLSE’s initial decision. Renumbers subdivision (n) as new (k), and (o) as new (l). Within new subdivision (l), Appeal, adds that there will be no further review of whether the certification committee’s recommendation was supported by competent substantial evidence; and adds that the appeal shall not include further applications or peer review evaluations, or consideration of confidential peer review responses received by the certification committee or the BLSE.
BLSE Policy 2.15, Revocation
Moves old policy 2.15 to new policy 2.06(b). Changes policy 2.16 to policy 2.15, Revocation. Within subdivision (b), Automatic Revocation, moves subdivision (3) to policy 2.14(g), but rephrases in regards to a decision to deny certification. Moves subdivision (3) to policy 2.16(d)(1), but rephrases in regards to a decision to revoke certification. Within subdivision (c), Discretionary Revocation, removes all instances in which discretionary revocation may be considered and sites only Rule 6-3.8 as the authority, and adds that the BLSE’s determination must be based upon a preponderance of the evidence standard. Within subdivision (d), Procedures for Discretionary Revocation, adds that on good cause shown by the board certified member, before the date of the BLSE’s consideration, the consideration of revocation may be rescheduled once, and re-noticed; and that time for response or request for appearance shall be calculated based on this re-notice. Within subdivision (e), changes title from Interim Suspension of Certification Pending Investigation, to Interim Suspension of Certification; specifies that the investigation shall be for any offense related to professional integrity by any authority with jurisdiction; adds that interim suspension of certification may be the result of a member who has been placed on probation or suspended from the practice of law by order of the Supreme Court of Florida; adds that following conclusion of the investigation, the BLSE will either cancel the suspension or proceed to revoke certification; adds that recertification shall be withheld pending suspension and, if the suspension is cancelled, processed immediately following cancellation; and adds that any member whose certification is suspended because of probation or suspension from the practice of law must promptly notify the BLSE of any change in the member’s probation or suspension status
BLSE Policy 2.16, Lapse of Certification
Removes policies 2.17 and 2.18, which were reserved for future use. Renumbers policy 2.19 to policy 2.16, Lapse of Certification. Within subdivision (a), Authority, adds that a lapse may occur due to failure to file an extension request; and changes reference to published deadline to application deadline. Within subdivision (b), changes title from Lapse Notification and Reinstatement to Lapse Notification; adds that the notice provides that certification has lapsed and that the member’s name has been removed from the listing of board certified members; removes that the member may request, within 3 days of receipt of the lapse notification, temporary reinstatement for a period not to exceed 10 days to allow the member to submit the required application and/or supplemental documentation; and replaces it with the member has 30 days to respond, and no response shall constitute acceptance of the lapse status; also adds that any misleading indication as to the member’s certification status may result in professional discipline. Within subdivision (c), Lapse Removal Consideration, increases the time from 10 to 30 days in which a member may request consideration to remove lapse status. Removes subdivision (d), Final Lapse Notification.
BLSE Policy 4.01, Scope
Rephrases that this series of policies sets forth the procedures of the Board of Governors for reviewing an appeal of a BLSE decision.
BLSE Policy 4.02, Appeals Committee of the Board of Governors
Adds an explanation of “appeals committee” for the abbreviated form “AC” and replaces “BOG” with “board of governors”.
BLSE Policy 4.03, Standard of Review
Provides “individual” in addition to applicant, as entity that may file an appeal, and provides that the applicant or individual will be referred to as “appellant” or “petitioner” through the policies hereinafter; replaces “200 series of the BLSE Policies” with “BLSE Policies”, when referencing the procedural rights that the applicant or individual has; removes reference to review panel; and replaces Rules Regulating The Florida Bar with rules.
BLSE Policy 4.04, Commencement of Proceedings
Within subdivision (a), changes title from Method to Commencement of Appeal; changes petition to notice of appeal; moves information within current subdivision (b), regarding the time to file an appeal, into subdivision (a); changes petition to notice of appeal when describing what shall be filed; and adds that the notice shall be delivered by certified mail and deemed filed upon receipt of the executive director of The Florida Bar. Renumbers subdivision (c) as (b), and renumbers subdivision (d) as (c), consistent with old subdivision (b) being removed and added to (a). Within subdivision (b), strikes all fees and codifies budget committee authority to approve fees. Within new subdivision (c) [old (d)], changes title from Contents of Petition to Contents of Notice of Appeal; replaces petition to notice of appeal; strikes reference to RP; rephrases what the notice should identify as the appeal; adds that the notice may be accompanied by a memorandum containing a statement of fact as an alternative to the notice simply including the statement of fact; and adds that the argument shall be limited to the standard described in policy 4.03 included in statement of relief.
BLSE Policy 4.05, Response
Replaces petition with appeal; removes reference to RP; replaces petitioner with appellant; clarifies that the executive director is of The Florida Bar; and adds that the argument is limited to the standard described in policy 4.03.
BLSE Policy 4.06, Right of Reply and BLSE Policy 4.07, Evidence
Within BLSE Policy 4.06: Within subdivision (a), Time, replaces petitioner with appellant; clarifies that the response is limited to rebuttal of matters argued in the response; and adds that service by mail shall be complete on mailing. Within subdivision (b), Other Pleadings, adds that unless requested by the AC on its own initiative, no further pleadings shall be permitted.
Within BLSE Policy 4.07, Evidence, removes reference to RP.
BLSE Policy 4.08, Computation of Time
Replaces “Rules” with “policies” and replaces reference to Florida Appellate Rule 9.420 with reference to Rules of Judicial Administration 2.154
BLSE Policy 4.09, Consideration of Appeal
Within subdivision (a), changes title from Time of Meeting to Meeting; clarifies that the board is the board of governors; replaces petitioner with appellant; adds that LSE director shall furnish notice of the meeting; and replaces mailed with provided and prior with before, in the explanation of when the notice is sent. Within subdivision (b), Record, replaces the executive director with LSE director in the explanation of who shall furnish a copy of the BLSE decision to the AC; removes reference to the RP; replaces petition with notice of appeal; replaces appellant with petitioner; and changes area committee to certification committee. Within subdivision (c), Oral Argument, replaces petitioner with appellant; replaces petition with notice of appeal; add memorandum in support to the list of documentation that may provide a request for oral argument; strikes “the petition, the response, supporting material, and the reply, if any” and replaces it with record. Within subdivision (d), Decision of the Appeals Committee, removes that in the event of a tie, the decision shall be for the BLSE; and replaces BOG with board of governors. Increases from three to four the members necessary for a quorum. Within subdivision (e), Notice of Decision, adds that the mailing of the notice will be certified; replaces petitioner with appellant; and replaces appeals committee with AC.
BLSE Policy 4.10, Review by the Board of Governors
Within subdivision (a), changes title from Request for Review to Petition for Review; replaces that the petition must be filed by to received by the executive director; and replaces that the petition must demonstrate that the AC misconstrued the rules or the issue on appeal has significant programmatical impact to the petition must demonstrate a clear and convincing showing of arbitrary, capricious, or fraudulent denial of procedural rights by the AC.
Within subdivision (b), Response, replaces appellee with respondent. Within subdivision (d), changes title from Denials of Review Requests to Denial of Petition for Review. Within subdivision (e), changes title from Grants of Review Requests to Grant of Petition for Review; and adds that the standard of review will be clear and convincing error on the part of the AC. Within subdivision (f), Notice of Board Action, replaces appellant with petitioner. Throughout the policy: replaces, with petition, any reference to the request; adds that the executive director is of The Florida Bar; replaces BOG with board of governors.
BLSE Policy 4.11, Petition for Review to the Supreme Court of Florida
Changes title from Appeal to the Supreme Court of Florida to Petition for Review of the Supreme Court of Florida; replaces appeal with petition for review; and strikes that the petition is for review of the BOG’s decision.
BLSE Policy 5.01, Accreditation Standards
Changes title of the 500 Series of the BLSE Policies from Course Approval to CLE Accreditation. Old policy 5.03 becomes new policy 5.01. Changes subchapter title from Course Accreditation Standards to Accreditation Standards. Within subdivision (a), changes title from Guidelines to Standards; adds that a course must be designed to increase an attorney’s skills; removes a reference to categories in policy 5.04 and specifies that courses must be dealing with matters directly related to legal subjects and the legal profession; adds that the courses must be conducted by an individual or group qualified by practical or academic experience; and strikes the reference to the courses having activities. Within subdivision (b), strikes that the materials must be written; changes that the materials should be distributed to the materials should be available; Within subdivision (c), defines Level of Activity
BLSE Policy 5.02, Application Process
Old policy 5.01 (a)-(f) becomes new policy 5.02 (a)-(f). Changes subchapter title from Course Approval Administration to Application Process. Within subdivision (a), changes title from Application for Course Accreditation to Course Accreditation; changes sponsoring organization to CLE provider; adds that the CLE provider must submit the application form; adds that the outline must be detailed; adds that the biographical information for each speaker must be submitted by the CLE provider; adds that staff may request additional materials; and changes audio or video tapes to electronic recordings. Within subdivision (b), changes sponsor to CLE provider; changes that incomplete applications will be returned to the sponsor to if applications are incomplete or if supplemental information is needed, staff will contact the CLE provider to request the necessary materials; and adds that failure to respond to the request for supplemental information within 60 days will cause the application to be returned. Within (c), removes that applications not submitted within at least 30 days in advance of the first scheduled presentation will be deemed late. Within subdivision (d), changes applications to an application; and removes that the course will be approved in accordance with policy 5.01(c) if staff refers the course to the BLSE for review. Within subdivision (e), changes courses submitted for accreditation to an application for course accreditation; changes fee amounts to fee amount; adds CLE providers as the title of those listed to pay a fee for filing an application for course accreditation; strikes ‘at no cost to the attendees’ from the reference to law firms that offer courses for employee attorneys; and replaces sponsors with CLE providers. Within subdivision (f), replaces organizations with CLE providers; changes that a course sponsored by 2 or more CLE providers will not be eligible for accreditation at no charge unless all sponsoring organizations meet the criteria for accreditation at no charge to a course sponsored by 2 or more CLE providers will not be eligible for accreditation at no charge unless each providers meets the criteria for accreditation at no charge. Subdivision (g) moved to new 5.05
BLSE Policy 5.03, Evaluation
New 5.03 titled Evaluation. Old 5.01(h) becomes new 5.03(a).Within subdivision (a), Authority of Staff, replaces BLSE policies with the BLSE’s policies; replaces and/or with or; replaces certification committee policies with the certification committee’s policies; adds ‘as’ before approved by the BLSE; rephrases from staff will refer novel questions or matters of first impression to a certification committee and/or the BLSE, to staff will refer novel questions or matters of first impression to the BLSE or the relevant certification committee; and strikes that the BLSE may waive a policy if it finds the waiver would be in the best interest of the program.
Old 5.01(i)and (j) moved to new 5.04. Old 5.01(k) and (l) moved to new 5.07. Old 5.04(a) becomes new 5.03(b). Within subdivision (b), add hour within title Credit Hour Calculation; and adds a half hour as the amount of credit a course will be approved if it is at least 25 minutes in length. Within new subdivision (c), Non-qualifying time, adds the time devoted to breaks, meals, introductory and welcoming remarks will not be included in the calculation of credit hours.
BLSE Policy 5.04, Notice of Evaluation
New 5.04 titled Notice of Evaluation. Old 5.01(i) becomes new 5.04 (a). Within subdivision (a), changes title from Notice of Accreditation to Accreditation Granted; changes course sponsor to CLE provider; and strikes last sentence and moves it to new subdivision (c).
Old 5.01(j) becomes new 5.04(b).Within subdivision (b), strikes ‘within multiple dates and locations’ from the reference to a course. Within new subdivision (c), Accreditation Denied, changes not granted to denied; replaces sponsor with CLE provider; adds that if credit is denied based upon staff review, the CLE provider may request BLSE review.
BLSE Policy 5.05, Revenue and Expense Distribution
Old 5.01(g) moved to new 5.05. Changes year end to year-end
BLSE Policy 5.06, Member Submission for Course Evaluation
Old 5.02 moved to new 5.06. Strikes reference that a member seeking accreditation of a course in order for other members to claim credit hours must submit the course pursuant to policy 5.01. Strikes old 5.02 subdivision (a), Submission Deadline, which states a member’s application for course evaluation and credit must be submitted at least 60 days prior to the member’s CLER reporting deadline for which credit is requested. If submitted timely, there is no fee. Strikes old 5.02(b), Processing Fee, which states a member who fails to submit an application for course evaluation and credit in accordance with policy 5.02(a) must pay a processing fee; and the fee amount shall be set by the budget committee of the board of governors.
BLSE Policy 5.07, CLE Format
Old 5.01(k) moved to new 5.07(a). Within subdivision (a), changes title from Audio or Video Tapes, CDs, DVDs, and Online Courses to Audio, Video, and Digital Media; replaces continuing legal education with CLE; replaces audio or video Tapes, CDs, DVDs, and online courses with audio, video, and digital media; changes life to accreditation period; adds from the date of recording in explaining the 18 month period of accreditation; and replaces represents the current status of the subject matter covered with remains current and otherwise meets the requirements for CLE accreditation. Old 5.01 (l) moved to new 5.07 (b). Within subdivision (b), Interactive CLE Activities, rephrases that interactive CLE credit may be claimed for activities in which…, to interactive CLE activities include those in which….Old 5.04(o) moved to new 5.07(c). Within subdivision (c), Self-assessment Courses; moves reference to self-study courses, replaces sponsor with CLE provider, and adds that the number of hours to be awarded will be determined by staff upon verification of passage of the examination. Within new subdivision (d), Self-study Courses, adds explanation of self-study courses not being eligible for accreditation, which states courses that are designed for self-study and do not comply with format design elsewhere described in these policies, or consist merely of reading materials, will not be eligible for accreditation.
BLSE Policy 5.08, Credit Approval Guidelines
Parts of old 5.04 moved to new 5.08. Subchapter title changed from ‘Course and Credit Approval Guidelines’ to ‘Credit Approval Guidelines’. Old 5.04(a) moved to new 5.03(b).
Old 5.04(b) becomes new 5.08(a). Within subdivision (a), Courses for Nonlawyers, adds ‘primarily’ when stating courses designed primarily for participants other than attorneys; replaces shall receive less than full credit to will not receive CLE credit. Old 5.04(c) becomes new 5.08(b). Within subdivision (b), Courses on Nonlaw Subjects, removes reference to courses listed in policy 5.04(g), (j), and (k); and removes the last sentence indicating that the applicant must specify in the application how lawyer proficiency is enhanced. Old 5.04(d) becomes new 5.08(c). Within subdivision (c), Demonstrations and Moot Court, adds ‘credit may be awarded’ before beginning of sentence; strikes that credit may be given up to; creates separate sentence explaining that no more than 3 credit hours may be awarded for each 50 minutes of participation; and adds that no more than 9 credit hours for demonstrations and moot court activities may be claimed during a member’s 3-year CLER reporting cycle. Old 5.04(e) becomes new 5.08(d).
Within subdivision (d), Law Office Management and Economics, replaces any with a; rephrases law office economics seminar to law office management and economics seminar; replaces 5 with 10 in defining the amount of credit hours that may be awarded for 1 course; adds that no more than 10 credit hours for courses on law office management and economics may be claimed during a member’s 3-year CLER reporting cycle; and adds guidelines for approval: (1), the course focus must be on management principles such as trust accounting rules, docket control, prevention of client conflict, and the integration of high-tech equipment into the law practice; and (2), ineligible for credit are topics that focus on: (i), the marketing of legal services (except for the discussion of the ethical restrictions on marketing and advertising); (ii), increasing profitability; (iii), developing a relationship with a prospective client, except as to ethical rules, considerations, or standards; and, (iv), general training for non-legal presentation skills, writing, financial management, or other organization skills. Old 5.04(f) becomes new 5.08(e). Within subdivision (e), Computer Training, adds that the courses are designed to enhance a member’s ability to practice law; adds that credit may not be awarded to courses on how to use social media or networking sites; replaces 5 with 3 in defining the amount of credit hours that may be awarded for 1 course; and adds that no more than 3 credit hours for courses on computer training may be claimed during a member’s 3-year CLER reporting cycle. Old 5.04(i) becomes new 5.08(f), Self-improvement Courses. No changes to the language of this policy. Old 5.04(l) becomes new 5.08(g). Within subdivision (g), changes title from Laws of Other States to Laws of Other Jurisdictions; replaces covering with involving; adds that credit may be awarded for courses involving international law; adds that the credit will be determined by staff; replaces foreign with international; replaces enhanced with enhances; and adds that no more than 10 credit hours for courses on laws of other jurisdictions may be claimed during a member’s 3-year CLER reporting cycle. Old 5.04(m) becomes new 5.08(h). Within subdivision (h), Legal Drafting, replaces courses on legal drafting may be awarded credit hours with credit may be awarded for courses on legal drafting; adds that the credit will be determined by staff; and adds that no more than 15 hours for courses on legal drafting may be claimed during a member’s 3-year CLER reporting cycle. Old 5.04(n) becomes new 5.08(i).Within subdivision (i), Accreditation by a State Bar, replaces continuing legal education with CLE; replaces 500 series of the BLSE policies with these policies; and replaces the BLSE with staff in the reference to adjusting credit in accordance with the policies. Old 5.04(p) becomes new 5.08(j). Within subdivision (j), College and University Courses, replaces undergraduate law courses and all other college and university courses with undergraduate courses.
BLSE Policy 5.09, CLER Components Approval Guidelines
Parts of old 5.04 moved to new 5.09. Adds new subchapter title CLER Components Approval Guidelines. Adds new subdivision (a), General Credit Hours, which states general credit will include all approved CLE hours regardless of the category or topic to which the hours are assigned. Old 5.04(g) becomes new 5.09(b), Ethics. No changes to the language of policy.
Add new subdivision (c), Professionalism, which states credit in the category of professionalism will be determined only by The Florida Bar’s Center for Professionalism. Old 5.04(h) becomes new 5.09(d), Substance Abuse. No changes to the language of the policy. Old 5.04(i) moved to new 5.08(f). Strikes old 5.04(j), Stress Management, which states credit may be awarded for courses designed to teach stress management skills and techniques to attorneys; and (1), no more than 1 credit hour may be awarded for each 150-minute block of lecture time; and (2), no more than 5 credit hours may be awarded for any 1 course, regardless of length. Old 5.04(k) becomes new 5.09(e).Within subdivision (e), Mental Illness Awareness, replaces instruction shall also with eligible courses must; and replaces correlation with relationships. Adds new subdivision (f), Bias Elimination, which states credit may be awarded for courses that address standards of conduct in the legal profession related to the recognition and elimination of bias as to gender, ethnicity, religion, physical disability, age, or sexual orientation; and courses should educate lawyers as to the aspirations that surpass ordinary expectations to further promote the ideals and goals of professionalism.
Old 5.04(l) moved to 5.08(g).
Old 5.04(m) moved to 5.08(h).
Old 5.04(n) moved to 5.08(i).
Old 5.04(o) moved to 5.07(c).
Old 5.04(p) moved to 5.08(j).
BLSE Policy 5.10, Individual Credit Approval Guidelines
Old 5.05 becomes new 5.10. Subchapter title changed from ‘Credit for Other CLE Activities’ to ‘Individual Credit Approval Guidelines’. Within subdivision (a), Lecturing, replaces handled to determined by staff, when explaining that additional credit for extraordinary effort will be determined by staff on a case-by-case basis. Within subdivision (b), changes title from Teaching to College Teaching, and rephrases undergraduate law courses and any other college or university course to an undergraduate course. Within subdivision (d), changes title from Standing Committee Participation to Standing Committee Service; strikes sub-title ‘generally’ from beginning of subdivision combining each subsection into (d) and thereby eliminating CLE credit for grievance committee service in (2), and in (3) and (4), striking BLSE proposals to award credit for service on the Clients’ Security Fund and Unlicensed Practice of Law Committees; strikes sub-title ‘Credit for Florida Bar Grievance Mediation Program’ and restructures as (e) subdivision (3); replaces The Florida Bar with The Florida Bar’s; strikes ‘and professionalism’ in the explanation of the credit the program mediator may receive; and adds 3-year to the reference of the 3-year CLER reporting cycle. Within subdivision (f), previously (e), Legislative Service, replaces continuing legal education with CLE. Moves old 5.05(f) to 5.05(g), and old 5.05(g) to 5.05(h) and old 5.05(h) to 5.05(i). Within subdivision (g), Executive Branch Service, replaces continuing legal education with CLE. Within subdivision (h), Justice Teaching Classroom Presentations, replaces continuing legal education with CLE. Old 5.05(g) moved to new 5.10(h).
BLSE Policy 5.11, Accreditation Revocation
Old 5.06 becomes new 5.11. No changes to language.
BLSE Policy 5.12, Complimentary CLE
Old 5.07 moved to new 5.12. Edits are non-substantive
BLSE Policy 6.01, Administration
Adds introductory sentence which states these policies set forth the reporting and compliance procedures for the administration of the Continuing Legal Education Requirement (CLER). Strikes subdivision (a), which states the BLSE shall administer the CLER program; and strikes subdivision (b), which states the BLSE shall provide notice to each member of the member’s reporting date
BLSE Policy 6.02, Reporting
Strikes old subdivision (a), Notice of Compliance, which states a member who, according to The Florida Bar’s records, has completed the CLE Requirement for the current reporting cycle shall be provided a notice of compliance showing hours earned; if the record is accurate, no further action need be taken for the current reporting cycle; if corrections are necessary, the member shall revise the record and return it to The Florida Bar by the member’s reporting date; and notice of compliance shall constitute completion of CLER reporting under Rule 6-10.4. Adds new subdivision (a), Reporting Date, which states upon admission to The Florida Bar, each member will be assigned a date by which to report completion of the CLER; and the report dates will be staggered to balance the number of members who report each month.
Old 6.02(d) becomes new 6.02(b). Within new subdivision (b), changes title from Reporting Cycles to Reporting Cycle; strikes the sentence that states the board of governors may provide for staggered cycles for CLER compliance; adds that each member must report compliance with the CLER, or eligibility for an exemption, every 3 years by the last day of the member’s assigned month; adds if a member reinstates eligibility to practice law from retirement, disbarment, or an incapacitated membership status, the start date for the new reporting cycle will be the first day of reinstatement; and adds a judge who returns to the practice of law may request a new reporting cycle. Old 6.02(e) becomes new 6.02(c). Within new subdivision (c), Reporting Compliance, adds that each member should use the online feature of the Bar’s website to post CLE hours; adds that such postings will be considered verification by the member of hours earned; strikes in reporting compliance; adds if online posting is not used; adds otherwise in explaining if online posting is not used, the member will otherwise providing the following information regarding each CLE activity; and replaces approved with earned. Old 6.02(b) becomes new 6.02(d).
Within new subdivision (d), Reporting Affidavit, strikes a reporting affidavit shall be provided to each member who, according to The Florida Bar’s records; adds that upon a determination that a member, to the beginning of the sentence that continues has not completed the CLER; replaces continuing legal education requirement with CLER; strikes for the current reporting period; adds within 90 days of the member’s reporting date, the Bar will provide the member with a reporting affidavit; adds in lieu of returning the reporting affidavit, the member may update the member’s online CLE record through the Bar’s website. Strikes old (c), Notice of Compliance and affidavit distribution, which states the board of legal specialization and education shall approve and distribute appropriate CLER forms at least 90, but no more than 120 days prior to a member’s reporting date. Old 6.02(f) becomes new 6.02(e). Within new subdivision (e), Supplemental Information, adds additional before information; and strikes in addition to that called for on the reporting affidavit. Old 6.02(g) becomes new 6.02(f). Within new subdivision (f), Exemptions, replaces compliance with complying; within subdivision (2) regarding undue hardship, strikes that upon receipt of a timely filed report the BLSE will review the special circumstances unique to the member, and strikes thereby exempting said member from CLER for the applicable period of the report; replaces CLE with CLER; replaces supreme court with Supreme Court of Florida; within subdivision (7), adds pro rata hours will be calculated in 10-hour increments and any part of a 12-month period will be considered a full year requiring 10 hours; within subdivision (8), strikes that members exempt under 6.02(g)(4) and (5) shall be assigned a reporting period at the expiration of that exemption.
BLSE Policy 6.03, Carryover Prohibited
Changes subchapter title from Calculation and Allowance of Educational Credit to Carryover Prohibited. Strikes subdivision (a), Calculation of 1 hour, which states 50 minutes is equivalent to 1 credit hour. Strikes need for subdivision (b) and subdivision title, Carryover Prohibited; strikes that the credit must be taken after the previous reporting cycle; replaces period with cycle; replaces CLER credit with CLE credit; and adds a sentence indicating that repeating a course during a member’s CLER reporting cycle will not be a basis for additional credit.
BLSE Policy 6.04, Evidence of Compliance
Old 6.03(c) becomes new 6.04. Adds “completion of the requirement may be demonstrated through a member’s online posting through the Bar’s website or the timely return of an executed” before reporting affidavit. Strikes ‘or notice of compliance showing participation in 30 hours of approved CLE including the 5-hour ethics, professionalism, mental illness awareness, or substance abuse requirement shall constitute compliance with CLER. Repeating a course during a member’s CLER reporting cycle shall not be a basis for additional credit.’
BLSE Policy 6.05, Notice of Delinquency and Appeal
Old 6.04 becomes new 6.05. Changes subchapter title from Procedures on Noncompliance and Notice of Delinquency to Notice of Delinquency and Appeal. Strikes subdivision (a), Determination of Noncompliance, which states reporting affidavits shall be reviewed to determine compliance; and noncompliance shall include, but not be limited to, incomplete reports, unexecuted reports, failure to timely file a report and failure to report sufficient CLER credit. Strikes need for subdivision (b) and subdivision title, Notice of Delinquency. Adds a member who fails to comply with the CLER is delinquent as of the first day following the member’s reporting date; replaces serve with mail or email; replaces on with to in referencing the notice delinquency to a member; and strikes that the notice shall be effective if in writing and served at the member’s record bar address or last known address, if any. Strikes subdivision (c), Suspension for Noncompliance, which states in cases where a member has been deemed delinquent and notified pursuant to 6.10(b) such member shall be suspended from the practice of Florida law. Strikes need for subdivision (d) and subdivision title, Appeals. Changes from “A determination of noncompliance by the BLSE may be appealed to the board of governors. Appeals shall be governed by Standing Policies of the Board of Legal Specialization and Education, 400, Appeals Procedures” to “A determination of noncompliance by the BLSE may be appealed under the 400 series of these policies.”
BLSE Policy 6.06, Reinstatement
Old 6.05 becomes new 6.06. Replaces ‘a delinquent member may be reinstated upon payment of a fee of $100, petition to the executive director and certification by the BLSE of compliance with CLER. Denial of reinstatement may be reviewed by petition to the Supreme Court of Florida’ with ‘a delinquent member may petition for reinstatement under the Rules Regulating The Florida Bar. Strikes all subdivisions: (a), Members who have been delinquent in CLER compliance for 3 years or less may be reinstated by the executive director; (b), Members who have been delinquent in CLER compliance for more than 3 years but less than 5 years may be reinstated only by the board of governors; and (c), Members who have been delinquent in CLER compliance for 5 years or more may be reinstated only by the Florida Board of Bar Examiners. Old 6.06 is also stricken and not replaced with any new language.
BLSE Policy 7.01, Administration
Strikes language contained within Rules Regulating The Florida Bar; adds introductory statement to address purpose of the policies.
BLSE Policy 7.02, Reporting and Compliance
New policy adds section to address on line posting
BLSE Policy 7.03, Deferment
Old 7.02 becomes new 7.03.Within subdivision (a), Establishment of Deferment, changes a member may defer to a member who seeks to defer; removes that a deferment shall be initiated by filing a statement of eligibility with the BLSE and accomplished upon the member’s receipt of confirmation of such eligibility; and adds that staff will confirm eligibility of deferment within 10 days. Changes old subdivisions (b), (c) and (d) to new (a)(1), (a)(2) and (a)(3). Within subdivision (a)(3), strikes “unique to the member” after “special circumstances”.
BLSE Policy 7.04, Foreign attorneys or Repetition of BSCR
Old 7.02(e) becomes new 7.04. Changes title of policy from Foreign attorneys and Repetition of BSCR to Foreign Lawyers and Repetition of BSCR. Replaces reference to rule 2.060 with rule 2.510, of the Florida Rules of Judicial Administration.
BLSE Policy 7.05, Exemption
Old 7.03 becomes new 7.05. Strikes subtitle establishment of exemption; replaces a member may be exempt to a member who seeks an exemption; removes if eligible under the Rules Regulating The Florida Bar; removes an exemption shall be initiated by filing a statement of eligibility with the BLSE and accomplished upon the member’s receipt of confirmation of such eligibility; adds a member must file a BSCR exemption request form; adds staff will review and confirm eligibility with the member within 10 days; and adds if staff recommends denial of the exemption, the member may request BLSE review within 14 days
BLSE Policy 7.06, Procedures on Noncompliance and Appeal
Old 7.04, Compliance, is deleted. Strikes entire policy, which stated: (a) Evidence of compliance. Compliance shall be determined through the course registration and attendance records of The Florida Bar. Old 7.05 becomes new 7.06. Within subdivision (b), Notice of delinquency, adds that a member who fails to comply with the BSCR is delinquent as of the first day following the member’s reporting date; replaces serve with mail or email; replaces notice with notice of delinquency; replaces noncompliance with noncompliance with the BSCR; and strikes notice shall be effective if in writing and served at the member’s record Bar address or last known address, if any. Deletes subdivision (c), Sanction for noncompliance. Old subdivision (d) becomes new subdivision (c). Within new subdivision (c), Appeals, restructures to say a determination of noncompliance by the BLSE may be appealed under the 400 series of these policies.
BLSE Policy 7.07, Reinstatement
Old 7.06 becomes new 7.07. Changes a member deemed delinquent to a delinquent member; replaces a member may be reinstated upon payment of a reinstatement fee of $150, petition to the executive director, and demonstration of compliance with BSCR to a delinquent member may petition for reinstatement under the Rules Regulating The Florida Bar; replaces if noncompliance has been determined, but reasonable cause exists therefore, the to upon a determination that reasonable cause exists, a; and removes a member who has been delinquent for: (a) 3 years or less may be reinstated by the executive director; (b) 3-5 years may be reinstated only by the board of governors; (c) 5 years or more may be reinstated only by the Florida Board of Bar Examiners. Old 7.07, Confidentiality, is deleted.
